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Offender Management Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 23rd April 2007, as follows—

Clauses 1 to 5
Schedule 1
Clauses 6 to 8
Schedule 2
Clauses 9 to 36
Schedules 3 to 5
Clauses 37 to 39

[Amendments marked * are new or have been altered]

Amendment
No.

 

Before Clause 1

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

1Insert the following new Clause—

"Principles applicable to this Act

  Principles applicable to this Act
(1)  This section applies to—
(a)  the functions of the Secretary of State; and
(b)  the functions of providers of probation services and their officers,
  so far as they are exercised for the purposes set out in section 1.
(2)  In exercising those functions the person concerned must have regard to—
(a)  the protection of the public;
(b)  the reduction of re-offending;
11(c)  the proper punishment of offenders;
(d)  the need to ensure offenders' awareness of the effects of crime on the victims of crime and the public; and
(e)  the rehabilitation of offenders."
 

LORD RAMSBOTHAM
BARONESS HOWE OF IDLICOTE
[As an amendment to amendment 1]

2Line 11, leave out paragraph (c)
 

Clause 1

 

LORD JUDD
BARONESS STERN
LORD RAMSBOTHAM

3Page 1, line 5, at end insert "the reduction of offending and the rehabilitation of offenders and for"
 

LORD NORTHBOURNE

4Page 1, line 5, at end insert—
"(   )  the reduction of crime;"
 

LORD RAMSBOTHAM

5Page 1, line 6, leave out paragraphs (a) to (f) and insert—
"(a)  the reduction of crime through working in partnership with appropriate public, private and voluntary sector organisations at local level;
(b)  courts to be given assistance in determining the appropriate sentences to pass, and making other decisions, in respect of persons charged with or convicted of offences;
(c)  authorised persons to be given assistance in determining whether conditional cautions should be given and which conditions to attach to conditional cautions;
(d)  the supervision and rehabilitation of persons charged with or convicted of offences, including those released from prison;
(e)  the supervision and rehabilitation of persons to whom conditional cautions are given;
(f)  measures to ensure compliance with court orders;
(g)  measures to ensure offenders' awareness of the effect of crime on victims, both generally and in relation to their specific offence; and
(h)  the giving of information and advice to victims of persons charged with or convicted of offences."
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

6Page 1, line 6, leave out "assistance" and insert "information and advice"
7Page 1, line 9, leave out "assistance" and insert "information and advice"
 

LORD NORTHBOURNE

8Page 1, line 12, leave out paragraph (c) and insert—
"(   )  end-to-end and other support services for persons charged with or convicted of offences, including (where appropriate) supervision, guidance, education, rehabilitation and help with reintegration into the community;"
 

LORD JUDD
BARONESS STERN
LORD RAMSBOTHAM

9Page 1, line 12, after "and" insert "arrangements for the"
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

10Page 1, line 14, leave out "assistance" and insert "information and advice"
 

BARONESS LINKLATER OF BUTTERSTONE
LORD DHOLAKIA
LORD WALLACE OF SALTAIRE

11Page 1, line 18, at end insert—
"(   )  the Parole Board and the Secretary of State to be given assistance in making decisions in respect of persons sentenced for offences."
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD RAMSBOTHAM

12Page 2, line 22, leave out "Secretary of State" and insert "Lord Chancellor"
13Page 2, line 24, leave out "or persons to whom conditional cautions are given"
14Page 2, line 25, at end insert—
"(6)  Regulations made under this section may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament."
 

After Clause 1

 

BARONESS LINKLATER OF BUTTERSTONE
LORD DHOLAKIA
LORD WALLACE OF SALTAIRE

15Insert the following new Clause—
  "Duty to co-operate
  The Secretary of State, local probation boards, the Prison Service and such other persons or organisations as the Secretary of State may by order designate shall co-operate with one another in carrying out their respective functions, in so far as those functions relate to the purposes identified in section 1 of the Criminal Justice and Court Services Act 2000 (c. 43) ("the 2000 Act")."
 

Clause 2

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD RAMSBOTHAM

16Page 2, line 28, leave out "Secretary of State" and insert "Lord Chancellor"
17Page 2, line 34, leave out "Secretary of State" and insert "Lord Chancellor"
 

BARONESS SCOTLAND OF ASTHAL

18Page 2, line 34, after "State" insert "under any enactment (whenever passed or made)"
19Page 2, line 35, leave out "section" and insert "paragraph"
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD RAMSBOTHAM

20Page 2, line 36, leave out "Secretary of State" and insert "Lord Chancellor"
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD JUDD
LORD RAMSBOTHAM

21Page 2, line 37, at end insert—
"(   )  The Secretary of State must liaise with representatives of all sentencers to—
(a)  provide information about programmes and performance from all providers of probation services; and
(b)  consult with representatives of all sentencers before making or renewing a contract with a provider of probation services."
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

22Page 2, line 37, at end insert—
"(   )  In carrying out his functions under this Act the Secretary of State shall—
(a)  if he is not sworn of section 6A of the Promissory Oaths Act 1868 (c. 72) act in every respect as if he had sworn and was bound by the oath set out in section 6A(2) of that Act;
(b)  undertake no action to advantage the probation services by transferring, or threatening the transfer of, resources from those necessary for upholding the independence and effective functioning of the judiciary;
(c)  in reaching his judgment on the appropriateness of his actions under paragraphs (a) and (b) above, consult the Lord Chief Justice of England and Wales as President of the Courts of England and Wales and lay before both Houses of Parliament any representation from the Lord Chief Justice that he is not conforming with his duty under this section."
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD RAMSBOTHAM

23Page 2, line 38, leave out "Secretary of State" and insert "Lord Chancellor"
24Page 2, line 41, leave out "Secretary of State" and insert "Lord Chancellor"
 

BARONESS LINKLATER OF BUTTERSTONE
LORD DHOLAKIA
LORD WALLACE OF SALTAIRE

25Page 3, line 2, leave out "punishment of offenders" and insert "enforcement of court orders"
 

LORD NORTHBOURNE

26Page 3, line 5, at end insert; and
(   )  the reduction of the causes of re-offending."
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD RAMSBOTHAM

27Page 3, line 6, leave out "Secretary of State" and insert "Lord Chancellor"
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD JUDD
LORD RAMSBOTHAM

28Page 3, line 8, leave out "or will be"
 

BARONESS SCOTLAND OF ASTHAL

29Page 3, line 11, leave out subsection (6)
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD RAMSBOTHAM

30Page 3, line 11, leave out "Secretary of State" and insert "Lord Chancellor"
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD JUDD
LORD RAMSBOTHAM

31Page 3, line 13, at end insert—
"(6A)  In carrying out his duty under subsection (3), the Lord Chancellor must consult representatives of—
(a)  the judiciary;
(b)  local authorities;
(c)  providers of probation services;
(d)  the voluntary sector; and
(e)  the probation trusts."
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

32Page 3, line 13, at end insert—
"(   )  The Lord Chancellor shall report annually to Parliament on the consultation he has undertaken under subsection (6A) in respect of—
(a)  the results of the consultation, and
(b)  priorities for the probation service for the forthcoming year."
 

BARONESS SCOTLAND OF ASTHAL

33Page 3, line 16, leave out from "(c. 30))" to end of line 17
 

After Clause 2

 

BARONESS ANELAY OF ST JOHNS

34Insert the following new Clause—
  "Power for probation boards and probation trusts to make arrangements for provision of probation services
(1)  This section applies to any probation provision which the probation boards and probation trusts consider ought to be made for the purposes mentioned in section 2(1)(a) and (b).
(2)  Probation boards and probation trusts may make contractual or other arrangements with any other person for the making of the probation provision.
(3)  Arrangements under subsection (2) may in particular authorise or require that other person—
(a)  to co-operate with other providers of probation services or persons who are concerned with the prevention or reduction of crime or with giving assistance to the victims of crime;
(b)  to designate individuals as officers of a provider of probation services;
(c)  to make contractual or other arrangements with third parties for purposes connected with the probation provision to be made, including, in particular, contractual or other arrangements—
(i)  for provision to be made, or for activities to be carried out, by third parties on behalf of that other person; or
(ii)  for individuals who are not members of that other person's staff to act as officers of a provider of probation services.
(4)  Probation boards and probation trusts may not make arrangements under subsection (2) unless a plan has been prepared for that year.
(5)  In this section a "plan" means a plan prepared under section (Requirement for probation trusts and probation boards to prepare plans)."
 

Clause 3

 

BARONESS ANELAY OF ST JOHNS

35Page 3, line 19, leave out subsection (1) and insert—
"(1)  This section applies where contractual or other arrangements are not made under section (Power for probation boards and probation trusts to make arrangements for provision of probation services)."
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD RAMSBOTHAM

36Page 3, line 19, leave out "Secretary of State" and insert "Lord Chancellor"
37Page 3, line 21, leave out "Secretary of State" and insert "Lord Chancellor"
 

LORD JUDD
BARONESS STERN
LORD RAMSBOTHAM

38Page 3, line 21, after "contractual" insert "negotiated partnership"
39Page 3, line 22, after "person" insert "or institution"
40Page 3, line 31, leave out "contractual or other" and insert "negotiated partnership"
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

41Page 3, line 35, at end insert—
"(d)  to implement the general race equality duty under section 71(1) of the Race Relations Act 1976 (c. 74), through—
(i)  collecting and anlaysing relevant evidence,
(ii)  involving affected persons and organisations,
(iii)  taking actions through an equality action plan, and
(iv)  publicly reporting each year on their performance on race equality."
 

BARONESS SCOTLAND OF ASTHAL

42Page 3, line 35, at end insert—
"(3A)  The Secretary of State may make provision for the performance of any function to which section 2(1)(c) applies by making arrangements under subsection (2) providing for the delegation of that function to the other person."
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD RAMSBOTHAM

43Page 3, line 36, leave out "Secretary of State" and insert "Lord Chancellor"
 

BARONESS SCOTLAND OF ASTHAL

44Page 3, line 37, leave out from "himself" to end of line 40 and insert "he shall make arrangements for the making of that probation provision (and for the avoidance of doubt the members of staff through whom he may act in making and carrying out those arrangements include prison officers or other persons employed at a prison)."
 

BARONESS ANELAY OF ST JOHNS

45Page 3, line 41, leave out subsection (5)
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD RAMSBOTHAM

46Page 3, line 43, leave out "Secretary of State" and insert "Lord Chancellor"
47Page 3, line 46, leave out "Secretary of State" and insert "Lord Chancellor"
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD JUDD

48Page 3, line 46, at end insert—
"(6)  In carrying out their functions under this Part, and in particular in providing any assistance to the courts and to the Parole Board for England and Wales, providers of probation services and their officers shall ensure that such assistance does not give rise to any conflict of interest between their obligation to give such advice impartially and the financial interest of the provider."
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD JUDD
LORD RAMSBOTHAM

 The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill.

 
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15 May 2007