House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 29th November 2007
699

Criminal Justice and Immigration Bill, continued

(9)
Such recommendations may be made during the investigation or after its

conclusion.’.

Northern Ireland Commissioner for Prison Complaints: reports on the outcome of a death

investigation

Mr David Hanson

nc68

To move the following Clause:—

‘(1)
This section applies where the Commissioner has carried out an investigation of

a death under section (Northern Ireland Commissioner for Prison Complaints:

investigations of death).

(2)
The Commissioner shall make a report to—

(a)
the Secretary of State;

(b)
the controlling authority appearing to the Commissioner to have the most

direct responsibility over the matters covered by the investigation (where

that authority is not the Secretary of State); and

(c)
a coroner who is holding or who is to hold an inquest into the death.

(3)
The Commissioner may also make a report to any other person the Commissioner

considers should receive a report.

(4)
The Commissioner shall exercise the power under subsection (3) to ensure that a

report is made to at least one person who—

(a)
is a personal representative of the deceased,

(b)
was the partner, or other close relative, of the deceased at the time of the

death, or

(c)
appears to the Commissioner to have been a friend of the deceased at the

time of the death.

(5)
The duty under subsection (4) does not apply if, after taking all reasonable steps

to ascertain the identity of, and a means of contacting, a person falling within that

subsection, the Commissioner is unable to comply with it.

(6)
In subsections (2) to (4) “report” means a report in writing on the outcome of the

investigation.

(7)
The Commissioner may—

(a)
make different reports under this section to different persons;

(b)
show any person a draft of the whole or any part of a report to be made

under this section;

(c)
publish the whole or any part of a report made under this section.

(8)
The Commissioner must not under subsection (7)(c)—

(a)
identify the deceased person without the consent of a personal

representative of that person,

(b)
identify any individual from whom any information in the report was

received, or

(c)
except where the Commissioner thinks it necessary in the public interest,

identify any individual to whom any information in the report relates.

Public Bill Committee: 29th November 2007
700

Criminal Justice and Immigration Bill, continued

(9)
Subsection (8)(c) does not apply in relation to the deceased person.’.

Northern Ireland Commissioner for Prison Complaints: investigations requested by the

Secretary of State

Mr David Hanson

nc69

To move the following Clause:—

‘(1)
The Secretary of State may request the Commissioner to investigate any matter

mentioned in subsection (3) or (4) which is specified in the request.

(2)
The Secretary of State shall consult the Commissioner before making a request

under this section.

(3)
A request may specify any matter relating to events which have (or may have)

occurred—

(a)
at applicable premises;

(b)
while a person is in the custody of prison officers or prisoner custody

officers, or under their control or escort, anywhere in the world;

(c)
in the course of exercising any function of the Secretary of State relating

to prisons or persons detained in prison;

(d)
in the course of exercising any functions of a prison officer or prisoner

custody officer.

(4)
A request may also specify any matter the Secretary of State considers is (or may

be) linked to events falling within subsection (3).

(5)
It is the duty of the Commissioner to investigate any matter which is the subject

of a request under this section.

(6)
Subject to any directions given to the Commissioner by the Secretary of State, it

is for the Commissioner to determine the scope of, and the procedure to be

applied to, an investigation under this section.

(7)
Subject to any such directions, the Commissioner may at any time reopen—

(a)
an investigation previously carried out under this section; or

(b)
an investigation carried out by the Prisoner Ombudsman for Northern

Ireland of matters referred to the Ombudsman by the Secretary of State

(so far as relating to matters that could be the subject of a request under

this section);


and a re-opened investigation shall be treated for the purposes of this Part as a

separate investigation under this section.

(8)
In subsection (3)—

(a)
the reference in paragraph (c) to the Secretary of State is to the Secretary

of State having responsibility for prisons in Northern Ireland;

(b)
the references to functions are to functions conferred by or under any Act

or Northern Ireland legislation (including, in the case of prison officers,

functions exercisable by virtue of section 8 of the Prison Act (Northern

Ireland) 1953 (N.I. 18) (constabulary powers etc.).’.

Public Bill Committee: 29th November 2007
701

Criminal Justice and Immigration Bill, continued

Northern Ireland Commissioner for Prison Complaints: reports on the outcome of an

investigation under section (Northern Ireland Commissioner for Prison Complaints:

investigations requested by the Secretary of State)

Mr David Hanson

nc70

To move the following Clause:—

‘(1)
This section applies where the Commissioner has carried out an investigation

under section (Northern Ireland Commissioner for Prison Complaints:

investigations requested by the Secretary of State).

(2)
The Commissioner shall report in writing on the outcome of the investigation

to—

(a)
the Secretary of State; and

(b)
such other persons (if any) as the Secretary of State may direct.

(3)
Subject to any directions given by the Secretary of State, the Commissioner

may—

(a)
make different reports under this section to different persons;

(b)
show any person a draft of the whole or any part of a report to be made

under this section;

(c)
publish the whole or any part of a report made under this section.

(4)
Where the investigation relates to a death or matters connected with a death, the

name of the deceased person must not be published under subsection (3)(c)

without the consent of a personal representative of that person.

(5)
In the case of any investigation, a report published under subsection (3)(c) must

not—

(a)
identify any individual from whom any information in the report was

received, or

(b)
except where the Commissioner thinks it necessary in the public interest,

identify any individual to whom any information in the report relates.

(6)
Where the investigation relates to a death or matters connected with a death,

subsection (5)(b) does not apply in relation to the deceased person.’.

Northern Ireland Commissioner for Prison Complaints: powers of Commissioner to

obtain information etc.

Mr David Hanson

nc71

To move the following Clause:—

‘(1)
This section confers powers on the Commissioner for the purposes of any

investigation under this Part.

(2)
The Commissioner may require a person the Commissioner thinks is able to

provide information or produce a document relevant to the investigation to do so.

(3)
The Commissioner has the same powers as the High Court in relation to—

(a)
the attendance and examination of witnesses (including the

administration of oaths and affirmations and the examination of

witnesses abroad); and

(b)
the production of documents.

Public Bill Committee: 29th November 2007
702

Criminal Justice and Immigration Bill, continued

(4)
The Commissioner may also require a person to secure that access to any

premises (other than premises used solely as a dwelling) is given to the

Commissioner or members of the Commissioner’s staff for the purpose of

inspecting the premises or any documents or other things situated on them.

(5)
Such access must be given at such reasonable times as the Commissioner may

specify.

(6)
The Commissioner may require any person who is at the premises at those times

to provide such reasonable assistance as the Commissioner may specify.’.

Northern Ireland Commissioner for Prison Complaints: exceptions etc. to

Commissioner’s powers under section (Powers of Commissioner to obtain information)

Mr David Hanson

nc72

To move the following Clause:—

‘(1)
Subject to subsection (3), no person shall be compelled by virtue of this Part to

give any evidence or do any other thing which that person could not be compelled

to do in civil proceedings before the High Court.

(2)
No obligation to maintain secrecy or other restriction on the disclosure of

information obtained by or provided to persons in Her Majesty’s service, whether

imposed by or under any enactment or by any rule of law, applies in relation to

an investigation.

(3)
The Crown is not entitled in relation to an investigation to any privilege in respect

of the production of documents or of the giving of evidence as would otherwise

be allowed in legal proceedings.

(4)
No person shall be compelled or authorised by virtue of this Part—

(a)
to provide any information relating to proceedings of the Cabinet or of

any Committee of the Cabinet; or

(b)
to produce any document relating to such proceedings.

(5)
For this purpose a certificate which—

(a)
is issued by the Secretary of the Cabinet with the approval of the Prime

Minister, and

(b)
certifies that any information or document (or part of a document) relates

to any proceedings mentioned in subsection (2),


is conclusive of the matters certified.

(6)
In this section “investigation” means any investigation under this Part.’.

Northern Ireland Commissioner for Prison Complaints: obstruction and contempt

Mr David Hanson

nc73

To move the following Clause:—

‘(1)
The Commissioner may, if satisfied that the condition in subsection (2) is met in

relation to a person, refer the matter to the High Court.

Public Bill Committee: 29th November 2007
703

Criminal Justice and Immigration Bill, continued

(2)
The condition is that the person—

(a)
has failed to comply with a requirement imposed by virtue of section

(Northern Ireland Commissioner for Prison Complaints: powers of

Commissioner to obtain information etc) or has otherwise, without

lawful excuse, obstructed the performance of any of the Commissioner’s

functions; or

(b)
has committed an act or omission in relation to an investigation which, if

the investigation were proceedings in the High Court, would constitute

contempt of court.

(3)
The High Court may inquire into the matter referred by the Commissioner and, if

satisfied that the condition in subsection (2) is met, may deal with the person

concerned as if that person were in contempt of court.’.

Northern Ireland Commissioner for Prison Complaints: legal and other representation

Mr David Hanson

nc74

To move the following Clause:—

‘The Commissioner may determine the circumstances under which and the extent

to which persons may be represented by lawyers or other persons in connection

with complaints or with investigations under section (Northern Ireland

Commissioner for Prison Complaints: investigations of deaths) or (Northern

Ireland Commissioner for Prison Complaints: investigations requested by the

Secretary of State).’.

Northern Ireland Commissioner for Prison Complaints: disclosure of information etc.

Mr David Hanson

nc75

To move the following Clause:—

‘(1)
For the purposes of this section information is protected information if it is

obtained by the Commissioner (or a member of the Commissioner’s staff)—

(a)
in carrying out functions in relation to, or otherwise in connection with,

a complaint;

(b)
in carrying out or otherwise in connection with an investigation under

section (Northern Ireland Commissioner for Prison Complaints:

investigations of deaths) or (Northern Ireland Commissioner for Prison

Complaints: investigations requested by the Secretary of State); or

(c)
from the Information Commissioner by virtue of section 76 of the

Freedom of Information Act 2000 (c. 36).

(2)
Such information ceases to be protected information 70 years after it is first

obtained as mentioned in subsection (1).

(3)
Protected information shall not be disclosed except—

Public Bill Committee: 29th November 2007
704

Criminal Justice and Immigration Bill, continued

(a)
for the purposes of any of the Commissioner’s functions in relation to a

complaint or to matters arising in connection with it;

(b)
in the case of information obtained in connection with an investigation,

for the purposes of—

(i)
an investigation under section (Northern Ireland Commissioner

for Prison Complaints: investigations of deaths) or (Northern

Ireland Commissioner for Prison Complaints: investigations

requested by the Secretary of State), or

(ii)
any of the Commissioner’s functions in relation to such an

investigation or to matters arising in connection with it;

(c)
for the purposes of proceedings for—

(i)
an offence under the Official Secrets Act 1989 (c. 6) alleged to

have been committed in relation to protected information; or

(ii)
an offence of perjury alleged to have been committed in relation

to anything being done in connection with the Commissioner’s

functions;


or for the purposes of an investigation with a view to the taking of such

proceedings;

(d)
for the purposes of proceedings under section (Northern Ireland

Commissioner for Prison Complaints: obstruction and contempt);

(e)
to a coroner (or a person acting on behalf of a coroner) for the purposes

of an inquest;

(f)
to the Chief Inspector of Criminal Justice in Northern Ireland for the

purposes of the exercise of any of the functions of that office;

(g)
to Her Majesty’s Chief Inspector of Prisons for England and Wales for

the purposes of the exercise of any of the functions of that office;

(h)
in the case of information to which subsection (4) applies, to the

Information Commissioner;

(i)
in the case of information to which subsection (7) applies, to any person

to whom the Commissioner thinks it should be disclosed in the public

interest.

(4)
This subsection applies to information if it appears to the Commissioner to relate

to—

(a)
a matter in respect of which the Information Commissioner could

exercise a power conferred by an enactment mentioned in subsection (5);

or

(b)
the commission of an offence mentioned in subsection (6).

(5)
Those enactments are—

(a)
Part 5 of the Data Protection Act 1998 (c. 29);

(b)
section 48 of the Freedom of Information Act 2000 (c. 36);

(c)
Part 4 of that Act.

(6)
Those offences are offences under—

(a)
any provision of the Data Protection Act 1998 (c. 29) other than

paragraph 12 of Schedule 9;

(b)
section 77 of the Freedom of Information Act 2000 (c. 36).

(7)
This subsection applies to information if—

(a)
in the opinion of the Commissioner it reveals or otherwise relates to a

serious threat to the health or safety of a person; or

(b)
it does not fall within paragraph (a) but the Commissioner is nevertheless

of the opinion that it should be disclosed for the purpose of enabling such

a threat to be dealt with.

Public Bill Committee: 29th November 2007
705

Criminal Justice and Immigration Bill, continued

(8)
No person mentioned in subsection (10) may be called upon in any proceedings

to give evidence of protected information within subsection (1)(a) or (b).

(9)
Subsection (8) does not apply in relation to proceedings mentioned in subsection

(3)(c) to (e).

(10)
Those persons are—

(a)
the Commissioner;

(b)
a member of the Commissioner’s staff;

(c)
a person from whom advice is obtained by virtue of paragraph 11 of

Schedule (The Northern Ireland Commissioner for Prison Complaints).

(11)
For the purposes of the law of defamation the publication of any matter by the

Commissioner for purposes connected with his functions (including functions

under this section) shall be absolutely privileged.’.

Northern Ireland Commissioner for Prison Complaints: disclosure prejudicial to

national security or contrary to public interest

Mr David Hanson

nc76

To move the following Clause:—

‘(1)
The Secretary of State may give a notice to the Commissioner stating that the

disclosure of—

(a)
any document or information specified in the notice, or

(b)
any description of document or information so specified,


would, in the opinion of the Secretary of State, prejudice national security or

would otherwise be contrary to the public interest.

(2)
Nothing in this Part authorises or requires the Commissioner (or any member of

the Commissioner’s staff) to disclose to any person or for any purpose any

document or information covered by a current notice under subsection (1).’.

Northern Ireland Commissioner for Prison Complaints: offence of wrongful disclosure

Mr David Hanson

NC77

To move the following Clause:—

‘(1)
It is an offence for a person to whom this section applies—

(a)
to disclose information in contravention of section (Northern Ireland

Commissioner for Prison Complains: disclosure of information etc.), or

(b)
to disclose any document or information specified, or of a description

specified, in a current notice under section (Northern Ireland

Commissioner for Prison Complaints: disclosure prejudicial to national

security or contrary to public interest).

(2)
The persons to whom this section applies are—

(a)
the Commissioner,