Offender Management Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

After Clause 3

 

BARONESS ANELAY OF ST JOHNS

48A*Insert the following new Clause—
  "Requirement for probation trusts and probation boards to prepare plans
(1)  Each probation trust and probation board shall provide a plan for the forthcoming financial year at least four months before the commencement of that year.
(2)  A plan submitted under subsection (1) shall set out for the trust or board—
(a)  its anticipated probation services' needs;
(b)  from whom it proposes to commission services; and
(c)  the cost of those services.
(3)  Where the Lord Chancellor considers that sufficient provision will not be made, he may modify the plan.
(4)  Any modifications made by the Lord Chancellor shall be made no later than one month before the start of the financial year covered by the plan."
 

LORD DHOLAKIA
BARONESS LINKLATER OF BUTTERSTONE
LORD WALLACE OF SALTAIRE

49Insert the following new Clause—
  "Charities
(1)  In making arrangements under section 3, the Secretary of State shall ensure that no less than seven per cent of probation services, measured by the financial cost of services, shall be provided by charities within the meaning of the Charities Act 2006 (c. 50).
(2)  The Secretary of State shall be order specify requirements which shall apply to—
(a)  contractual arrangements which the Secretary of State may make with probation trusts or with any other person for the provision of probation services and for the operation of approved premises; and
(b)  sub-contractual arrangements made with charities by probation trusts or by any other person with whom the Secretary of State has made contractual arrangements for the provision of probation services.
(3)  The requirements specified by order under subsection (2) above shall include requirements that payments to charities under such contractual or sub-contractual arrangements shall reimburse those charities for the full cost of the services which they provide.
(4)  In determining with which persons he will make contractual arrangements for the making of probation provision, the Secretary of State shall have regard to the arrangements made by those persons and their sub-contractors for the promotion of equality in respect of race, gender, disability, sexual orientation, age and religious belief.
(5)  An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament."
50[Re-tabled as amendment 48A]
 

Clause 4

 

BARONESS LINKLATER OF BUTTERSTONE
LORD DHOLAKIA
LORD WALLACE OF SALTAIRE
LORD JUDD

51Page 4, line 9, at end insert "; and
(c)  relates to the supervision and rehabilitation of people charged with or convicted of offences"
 

BARONESS GIBSON OF MARKET RASEN
BARONESS TURNER OF CAMDEN

51A*Page 4, line 9, at end insert "; and
(c)  is for the provision of assistance to the Parole Board and the Secretary of State in the early release and recall of prisoners"
51B*Page 4, line 9, at end insert "; and
(c)  is for the management of approved premises within the meaning of section 10(1), with the exception of voluntary managed approved premises approved under section 10(1) at the commencement of the Act"
 

LORD RAMSBOTHAM

 Lord Ramsbotham gives notice of his intention to oppose the Question that Clause 4 stand part of the Bill.
 

After Clause 4

52[Withdrawn]
 

BARONESS GIBSON OF MARKET RASEN
BARONESS TURNER OF CAMDEN
LORD RAMSBOTHAM
BARONESS STERN

53Insert the following new Clause—
  "Factors for determining arrangements under section 3(2)
(1)  For the purposes of deciding with which other person to make contractual or other arrangements under section 3(2), the Secretary of State—
(a)  shall by order specify factors, relating to the quality and value for money offered by the other person, by reference to which such decisions shall be made;
(b)  shall not set minimum targets for the amount of probation provision to be made by persons within the private or voluntary sectors.
(2)  The Secretary of State shall, after making each arrangement under section 3(2), publish a report explaining the basis on which the decision to select the relevant person was made by reference to the factors specified in the order made under section 5(1)(a)."
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

53A*Insert the following new Clause—
  "Re-offending targets
(1)  The Secretary of State shall by direction, at the start of every year and in respect of every provider of probation services, set targets concerning the reduction of offending or reoffending by those charged with or convicted of offences, or those given conditional cautions in the area in which the provider carries out its functions under this Act.
(2)  The Secretary of State shall report annually to Parliament on the nature of those targets and the progress made towards them."
 

Before Clause 5

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD JUDD

54Insert the following new Clause—
  "Welfare of children
  The Secretary of State shall by regulation place a duty on agencies, including the Probation Service, to ensure they discharge their duties in regard to protecting and promoting the welfare of children."
 

Clause 5

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD RAMSBOTHAM

55Page 4, line 14, at end insert—
"(   )  An order made under subsection (1) may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament."
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

56Page 4, line 33, leave out paragraph (c)
57Page 4, line 33, leave out paragraph (c) and insert—
"(c)  any of the purposes set out in section 1(1) as specified for the purposes of this section by an order made by the Secretary of State."
58Page 4, line 38, at end insert "or prospective contracts"
59Page 4, line 43, at end insert—
"(   )  An order under subsection (6) may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament."
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD RAMSBOTHAM

 The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill.
 

Schedule 1

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

60Page 25, line 13, leave out "four" and insert "five"
61Page 25, line 15, at end insert "; and
(c)  a magistrate."
 

BARONESS LINKLATER OF BUTTERSTONE
LORD DHOLAKIA
LORD WALLACE OF SALTAIRE
LORD JUDD

62Page 25, line 15, at end insert—
"(c)  a magistrate for the area in which the probation trust carries out its functions; and
(d)  a local councillor for the area in which the probation trust carries out its functions."
 

BARONESS SCOTLAND OF ASTHAL

63Page 25, line 18, at end insert—
"(3)      Where practicable, at least one of the appointed members of a probation trust must, when appointed, be a member of a relevant local authority.
(4)      For the purposes of sub-paragraph (3) "relevant local authority" means—
(a)  a county council, district council, or parish council in England, a London Borough council, the Common Council of the City of London or the Council of the Isles of Scilly; or
(b)  a county council, county borough council or community council in Wales."
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

64Page 25, line 18, at end insert—
 "   (1)   The chairman of a probation trust shall be a judge of the High Court or Crown Court.
(2)      The remaining members of a probation trust shall include at least one of the following—
(a)  a district judge;
(b)  a member of the police authority local to the area in which the probation trust carries out its functions;
(c)  a qualified psychiatrist from the health trust local to the area in which the probation trust carries out its functions;
(d)  a member of the local authority to the area in which the probation trust carries out its functions.
(3)      In appointing the members of a probation trust, the Secretary of State shall have a duty to ensure that the trust's membership is, to the extent reasonably practicable, representative of the population of the area in which the trust carries out its functions."
 

BARONESS GIBSON OF MARKET RASEN
BARONESS TURNER OF CAMDEN

65Page 26, line 15, leave out "are for the trust to determine" and insert "shall be determined by the Secretary of State"
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

66Page 28, line 1, leave out sub-paragraph (3)
 

LORD RAMSBOTHAM

 Lord Ramsbotham gives notice of his intention to oppose the Question that Schedule 1 be the First Schedule to the Bill.
 

Clause 6

 

LORD JUDD
BARONESS HOWE OF IDLICOTE
LORD RAMSBOTHAM
BARONESS LINKLATER OF BUTTERSTONE

67Page 5, line 7, after "person" insert "or institution"
68Page 5, line 8, at end insert "including the professional preparation and training of all practising probation officers"
 

LORD RAMSBOTHAM

 Lord Ramsbotham gives notice of his intention to oppose the Question that Clause 6 stand part of the Bill.
 

After Clause 6

 

BARONESS SCOTLAND OF ASTHAL

69Insert the following new Clause—
  "National standards for the management of offenders
(1)  The Secretary of State shall continue to publish national standards for the management of offenders.
(2)  The national standards may in particular include standards relating to the management of offenders held in custody.
(3)  In exercising his powers under section 3(2) the Secretary of State shall have regard to the need to secure, so far as practicable, that the arrangements in force from time to time provide for the national standards to have the same effect in relation to every provider of probation services carrying out the activities to which the standards apply."
70Insert the following new Clause—
  "Annual plans etc
36(1)  The Secretary of State shall at least once in every year consult the Welsh Ministers, and such other persons as he thinks fit, about the provision that should be made for the purposes mentioned in section 2(1) for the following year.
87(2)  The Secretary of State shall, before the end of each year, publish an annual plan for the following year which sets out the way in which the Secretary of State proposes to—
(a)  discharge his functions under section 2(1) and (2) during that year; and
(b)  carry out any arrangements which he expects to be in force under section 3(4) for that year.
14(3)  The Secretary of State shall have regard to the annual plan published under subsection (2) for any year—
(a)  in discharging his functions under section 2(1) and (2) during that year; and
(b)  in making or carrying out arrangements under section 3(4) for that year.
20(4)  Arrangements made by the Secretary of State under section 3(2) with a probation trust shall require the trust to publish an annual plan for each year in which it expects to carry out any specified activities.
2423(5)  Arrangements made by the Secretary of State under section 3(2) with a person other than a probation trust shall, if the Secretary of State thinks fit, require that person to publish an annual plan for each year in which it expects to carry out any specified activities.
27(6)  In subsections (4) and (5)—
  "annual plan" means a plan setting out the way in which the probation trust or other person (as the case may be) proposes to carry out any specified activities during the year to which the plan relates;
34  "specified activities", in relation to a probation trust or other person with whom arrangements under section 3(2) are made, means activities of a description specified in those arrangements for the purposes of subsection (4) or (5) above.
(7)  In this section "year" means a period of 12 months ending with 31st March."

 
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18 May 2007