Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Schedule 10 — Consequential amendments relating to Part 4
205

Schedule 9
Section 40

The Commissioner’s deaths remit
1
A death of a person at any applicable premises while being held there.
2
A death of a person while in the custody, or under the control or escort, of
prison officers or prisoner custody officers anywhere in the world.
5
3
A death of a person which the Commissioner is satisfied should be
investigated because it is or may be linked to events which have occurred—
(a)
at any applicable premises while that person was being held there; or
(b)
while that person was in the custody, or under the control or escort,
of prison officers or prisoner custody officers anywhere in the world.
10
4
A death of a person at any immigration detention premises (other than
excepted premises or premises in Scotland) while being detained there
under—
(a)
the Immigration Act 1971 (c. 77);
(b)
section 62 of the Nationality, Immigration and Asylum Act 2002
15
(c. 41); or
(c)
section 36 of the UK Borders Act 2007 (c.30).
5
A death of a person while in the custody, or under the control or escort, of
immigration custody officers anywhere in the world (other than at
immigration detention premises or in Scotland).
20
6
A death of a person which the Commissioner is satisfied should be
investigated because it is or may be linked to events which have occurred—
(a)
at any immigration detention premises (other than excepted
premises or premises in Scotland) while that person was being
detained there; or
25
(b)
while that person was in the custody, or under the control or escort,
of immigration custody officers anywhere in the world (other than at
immigration detention premises or in Scotland).
Schedule 10
Section 53

Consequential amendments relating to Part 4
30
Parliamentary Commissioner Act 1967 (c. 13)
1     (1)
In subsection (2) of section 11 of the Parliamentary Commissioner Act 1967
(restrictions on disclosure of information) after paragraph (aa) insert—
“(ab)
for the purposes of any consultation of the kind mentioned in
subsection (1) or (2) of section 47 of the Criminal Justice and
35
Immigration Act 2008;
(ac)
for the purposes of any co-operation under subsection (3) of
that section;”.
      (2)
After subsection (5) of that section insert—
“(6)
Information which—
40

Criminal Justice and Immigration Bill
Schedule 10 — Consequential amendments relating to Part 4
206

(a)
is obtained from Her Majesty’s Commissioner for Offender
Management and Prisons for the purposes of any
consultation of the kind mentioned in subsection (1) or (2) of
section 47 of the Criminal Justice and Immigration Act 2008
or for the purposes of any co-operation under subsection (3)
5
of that section, and
(b)
is protected information within the meaning of section 49 of
that Act,

shall be treated for the purposes of subsection (2) of this section as
obtained in the course of an investigation under this Act; and, in
10
relation to such information, the reference in paragraph (a) of that
subsection to the investigation shall have effect as a reference to any
investigation.”
      (3)
In Schedule 3 to that Act (matters not subject to investigation by the
Parliamentary Commissioner) after paragraph 12 insert—
15
“13
Any matter which falls within the complaints or deaths remit of
Her Majesty’s Commissioner for Offender Management and
Prisons (within the meaning of Part 4 of the Criminal Justice and
Immigration Act 2008).”
      (4)
Sub-paragraph (3) has no effect in relation to any matter which the
20
Parliamentary Commissioner for Administration has started to investigate
before the commencement of that sub-paragraph.
Local Government Act 1974 (c. 7)
2     (1)
In subsection (2) of section 32 of the Local Government Act 1974 (restrictions
on disclosure of information) after paragraph (aa) insert—
25
“(ab)
for the purposes of any consultation of the kind mentioned in
subsection (1) or (2) of section 47 of the Criminal Justice and
Immigration Act 2008, or
(ac)
for the purposes of any co-operation under subsection (3) of
that section, or”.
30
      (2)
After subsection (7) of that section insert—
“(8)
Information which—
(a)
is obtained from Her Majesty’s Commissioner for Offender
Management and Prisons for the purposes of any
consultation of the kind mentioned in subsection (1) or (2) of
35
section 47 of the Criminal Justice and Immigration Act 2008
or for the purposes of any co-operation under subsection (3)
of that section, and
(b)
is protected information within the meaning of section 49 of
that Act,
40

shall be treated for the purposes of subsection (2) above as obtained
in the course of an investigation under this Part of this Act; and, in
relation to such information, the reference in subsection (2)(a) above
to the investigation shall have effect as a reference to any
investigation.”
45
Health Service Commissioners Act 1993 (c. 46)
3     (1)
In subsection (1) of section 15 of the Health Service Commissioners Act 1993

Criminal Justice and Immigration Bill
Schedule 10 — Consequential amendments relating to Part 4
207

(restrictions on disclosure of information) after paragraph (aa) insert—
“(ab)
for the purposes of any consultation of the kind mentioned in
subsection (1) or (2) of section 47 of the Criminal Justice and
Immigration Act 2008;
(ac)
for the purposes of any co-operation under subsection (3) of
5
that section;”.
      (2)
After subsection (4) of that section insert—
“(5)
Information which—
(a)
is obtained from Her Majesty’s Commissioner for Offender
Management and Prisons for the purposes of any
10
consultation of the kind mentioned in subsection (1) or (2) of
section 47 of the Criminal Justice and Immigration Act 2008
or for the purposes of any co-operation under subsection (3)
of that section, and
(b)
is protected information within the meaning of section 49 of
15
that Act,

shall be treated for the purposes of subsections (1) and (2) as obtained
in the course of an investigation; and, in relation to such information,
the reference in subsection (1)(a) to the investigation shall have effect
as a reference to any investigation.”
20
Data Protection Act 1998 (c. 29)
4
In section 31(4) of the Data Protection Act 1998 (exceptions to data protection
requirements for ombudsmen), after paragraph (a)(i) insert—
“(ia)
Her Majesty’s Commissioner for Offender
Management and Prisons;”.
25
Care Standards Act 2000 (c. 14)
5
In section 76 of the Care Standards Act 2000 (further functions of the
Children’s Commissioner for Wales) after subsection (3) insert—
“(3A)
The Commissioner may give advice and information to Her
Majesty’s Commissioner for Offender Management and Prisons for
30
the purposes of—
(a)
any consultation of the kind mentioned in subsection (1) or
(2) of section 49 of the Criminal Justice and Immigration Act
2008; or
(b)
any co-operation under subsection (3) of that section.”
35
Freedom of Information Act 2000 (c. 36)
6     (1)
In section 76(1) of the Freedom of Information Act 2000 (disclosure of
information between Information Commissioner and ombudsmen) in the
Table at the appropriate place insert—

“Her Majesty’s
Part 4 of the Criminal Justice

40

Commissioner for Offender
and Immigration Act 2008.”

Management and Prisons.

Criminal Justice and Immigration Bill
Schedule 10 — Consequential amendments relating to Part 4
208

      (2)
In Part 6 of Schedule 1 to that Act (public authorities) at the appropriate
place insert “Her Majesty’s Commissioner for Offender Management and
Prisons”.
Scottish Public Services Ombudsman Act 2002 (asp 11)
7     (1)
Section 19 of the Scottish Public Services Ombudsman Act 2002 (asp 11)
5
(restrictions on disclosure of information) is amended as follows.
      (2)
In subsection (2), after paragraph (a) insert—
“(aa)
the purposes of any consultation of the kind mentioned in
subsection (1) or (2) of section 47 of the Criminal Justice and
Immigration Act 2008;
10
(ab)
the purposes of any co-operation under subsection (3) of that
section;”.
      (3)
After subsection (8) insert—
“(8A)
Information which—
(a)
is obtained from Her Majesty’s Commissioner for Offender
15
Management and Prisons for the purposes of any
consultation of the kind mentioned in subsection (1) or (2) of
section 47 of the Criminal Justice and Immigration Act 2008
or for the purposes of any co-operation under subsection (3)
of that section, and
20
(b)
is protected information within the meaning of section 49 of
that Act,

shall be treated for the purposes of subsections (1) and (5) as obtained
in connection with any matter in respect of which a complaint or
request has been made.”
25
      (4)
In subsection (9), for “such information” substitute “information within
subsection (8) or (8A)”.
Public Services Ombudsman (Wales) Act 2005 (c. 10)
8     (1)
Section 26 of the Public Services Ombudsman (Wales) Act 2005 (disclosure
of information) is amended as follows.
30
      (2)
In subsection (1), after paragraph (ba) insert—
“(bb)
protected information (within the meaning of section 49 of
the Criminal Justice and Immigration Act 2008) obtained
from Her Majesty’s Commissioner for Offender
Management and Prisons for the purposes of any
35
consultation of the kind mentioned in section 47(1) or (2) of
that Act or for the purposes of any co-operation under section
47(3) of that Act;”.
      (3)
In subsection (2), after paragraph (e) insert—
“(ea)
for the purposes of any consultation of the kind mentioned in
40
subsection (1) or (2) of section 47 of the Criminal Justice and
Immigration Act 2008 or for the purposes of any co-operation
under subsection (3) of that section;”.
      (4)
In subsection (6), for “or (b)” substitute “, (b) or (bb)”.