New
Clause
70
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)
‘(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name of the deceased person must not be published under subsection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.’.—[Maria
Eagle.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
71
Northern
Ireland Commissioner for Prison Complaints: powers of Commissioner to
obtain information etc.
‘(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.
(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.’.—[Maria
Eagle.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
72
Northern
Ireland Commissioner for Prison Complaints: exceptions etc. to
Commissioner’s powers under section (Powers of Commissioner to
obtain information)
‘(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.’.—[Maria
Eagle.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
73
Northern
Ireland Commissioner for Prison Complaints: obstruction and
contempt
‘(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.
(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.’.—[Maria
Eagle.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
74
Northern
Ireland Commissioner for Prison Complaints: legal and other
representation
‘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).’.—[Maria
Eagle.]
Brought
up, read the First and Second time, and added to the
Bill.
New Clause
75
Northern
Ireland Commissioner for Prison Complaints: disclosure of information
etc.
‘(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—
(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.
(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.’.—[Maria
Eagle.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
76
Northern
Ireland Commissioner for Prison Complaints: disclosure prejudicial to
national security or contrary to public
interest
‘(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).’.—[Maria
Eagle.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
77
Northern
Ireland Commissioner for Prison Complaints: offence of wrongful
disclosure
‘(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,
(b) any member of
the Commissioner’s staff,
and
(c) any person from whom
advice is obtained advice by virtue of paragraph 11 of Schedule (The
Northern Ireland Commissioner for Prison
Complaints).
(3) A person who
is guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 5 on the standard
scale.’.—[Maria
Eagle.]
Brought
up, read the First and Second time, and added to the
Bill.
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