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

House of Lords

back to previous amendments

 

After Clause 6

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
[Amendments 71 to 81 are amendments to amendment 70]

71Line 3, leave out "Secretary of State" and insert "Lord Chancellor"
72Line 6, at end insert—
"(1A)  In carrying out his duty under subsection (1), the Secretary of State must consult representatives of—
(a)  the judiciary;
(b)  local authorities;
(c)  providers of probation services;
(d)  the voluntary sector; and
(e)  the probation trusts.
(1B)  The Secretary of State shall report annually to Parliament on the consultation he has undertaken under subsection (1A) in respect of the results of the consultation."
73Line 7, leave out "Secretary of State" and insert "Lord Chancellor"
74Line 8, leave out "Secretary of State" and insert "Lord Chancellor"
75Line 14, leave out "Secretary of State" and insert "Lord Chancellor"
76Line 20, leave out subsection (4)
77Line 20, leave out "Secretary of State" and insert "Lord Chancellor"
78Line 23, leave out "Secretary of State" and insert "Lord Chancellor"
79Line 24, leave out "Secretary of State" and insert "Lord Chancellor"
80Line 27, leave out "subsections (4) and" and insert "subsection"
81Line 34, leave out "(4) or"
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD RAMSBOTHAM

82Insert the following new Clause—
  "Providers of probation services standards: minimum standards
4(1)  The Secretary of State shall by regulation make provision for standards to be achieved by every provider of probation services.
(2)  The standards to be achieved shall include standards concerning the provision of reports to courts and to the Parole Board.
(3)  The regulations provided under subsection (1) shall require financial penalties to be paid by any provider of probation services who, in the opinion of the Secretary of State, fails to meet the standards prescribed by the regulations."
 

LORD JUDD
BARONESS STERN
LORD RAMSBOTHAM
[As an amendment to amendment 82]

83Line 4, at end insert "and for the qualifications, training and experience required for all employed by such providers as practising probation officers"
 

Before Clause 7

 

BARONESS ANELAY OF ST JOHNS

84Insert the following new Clause—
  "Definition of provider of probation services
  In this Part "provider of probation services" means—
(a)  in relation to section (Power for probation boards and probation trusts to make arrangements for the provision of probation services) (2), the person with whom the probation board makes those arrangements;
(b)  in relation to section 3(2), the person with whom the Lord Chancellor makes those arrangements; or
(c)  in relation to section 3(4), the Lord Chancellor."
 

Clause 7

 

BARONESS HOWE OF IDLICOTE
LORD JUDD
LORD RAMSBOTHAM

85Page 5, line 22, at end insert—
"(   )  The Secretary of State shall—
(a)  by regulations make provision for national qualifications for all staff employed by a provider of probation services;
(b)  accredit training providers for a minimum period of ten years to provide these qualifications;
(c)  by regulations, require providers of probation services to contract only with accredited providers to provide training for all staff;
(d)  require providers of probation services to employ sufficient staff with degree level qualifications as is necessary to deliver the probation purposes."
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD RAMSBOTHAM

86Page 5, line 28, at end insert—
3"(5)  The Secretary of State shall, by regulations, make provision as to the necessary qualifications for an officer of a provider of probation services."
 

LORD JUDD
BARONESS STERN
LORD RAMSBOTHAM
[As an amendment to amendment 86]

87Line 3, leave out "for an officer" and insert "and experience required for all practising officers"
 

LORD RAMSBOTHAM

 Lord Ramsbotham gives notice of his intention to oppose the Question that Clause 7 stand part of the Bill.
 

Clause 8

 

LORD RAMSBOTHAM

 Lord Ramsbotham gives notice of his intention to oppose the Question that Clause 8 stand part of the Bill.
 

Clause 9

 

LORD RAMSBOTHAM

88Page 6, line 7, leave out paragraph (a)
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

89Page 6, line 11, leave out paragraph (b)
 

Clause 10

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

90Page 6, line 25, leave out "approved premises" and insert "probation and bail hostels"
 

Clause 11

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

91Page 7, line 17, after "Information" insert "of a nature that the Secretary of State shall by regulation define"
92Page 7, line 21, after first "to" insert "—
(i)"  
93Page 7, line 21, at end insert "and
(ii)  another listed person,"
94Page 8, line 1, leave out subsection (7)
 

BARONESS SCOTLAND OF ASTHAL

95Page 8, line 2, leave out "(whenever passed or made)" and insert "passed or made before the end of the Session in which this Act is passed"
 

After Clause 11

 

BARONESS GIBSON OF MARKET RASEN
BARONESS TURNER OF CAMDEN

96Insert the following new Clause—
  "Code of practice on workforce matters
  The Best Value Code of Practice on Workforce Matters in Local Authority Service Contracts shall apply to all contractual arrangements for the making of the probation provision."
 

Clause 12

 

LORD RAMSBOTHAM

97Page 8, line 29, leave out "4" and insert "4(2)(a)"
98Page 8, line 30, leave out second "section" and insert "paragraph"
 

LORD JUDD
BARONESS STERN

 The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill.
 

After Clause 12

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

99Insert the following new Clause—
  "Procedure for orders under section 12
(1)  The Secretary of State must not make an order under section 12 unless—
(a)  a draft of the order has been laid before and approved by a resolution of each House; and
(b)  each of the resolutions for approving the draft was agreed more than 60 days after the day on which the draft was laid before the House in question.
(2)  No draft order under section 12 is to be laid before Parliament unless—
(a)  the Secretary of State has prepared and published a report containing a proposal for the making of such provision;
(b)  the report sets out the Secretary of State's reasons for making the proposal;
(c)  the report has been laid before Parliament and each House has approved the proposal contained in the report, either with or without modifications; and
(d)  the draft order gives effect to the proposal so far as approved by both Houses.
(3)  An approval given in either House satisfies the requirements of subsection (2)(c) only if it was given in that House on the first occasion on which a motion for the approval of the proposal was made in that House by a Minister of the Crown after—
(a)  the laying of the report; or
(b)  if more than one report containing that proposal has been laid before that House, the laying of the one laid most recently.
(4)  In reckoning a period of 60 days for the purposes of subsection (1), no account shall be taken of a day for which—
(a)  Parliament is dissolved or prorogued; or
(b)  the House in question is adjourned as part of an adjournment for more than four days."
 

Clause 13

 

LORD RAMSBOTHAM

 Lord Ramsbotham gives notice of his intention to oppose the Question that Clause 13 stand part of the Bill.
 

Clause 14

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

100Page 9, line 13, after "who is" insert "employed"
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD JUDD
LORD RAMSBOTHAM

101Page 9, line 29, at end insert—
    "(   )  A prisoner custody officer may not exercise the powers in this section unless he has completed at least one course of appropriate safeguarding training including explicit child safety, protection and welfare provisions.""
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

102Page 9, line 39, after first "is" insert "employed"
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD JUDD
LORD RAMSBOTHAM

103Page 10, line 12, at end insert—
    "(   )  A prisoner custody officer may not exercise the powers in this section unless he has completed at least one course of appropriate safeguarding training including explicit child safety, protection and welfare provisions.""
 

LORD RAMSBOTHAM

 Lord Ramsbotham gives notice of his intention to oppose the Question that Clause 14 stand part of the Bill.
 

Clause 15

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

104Page 10, line 33, at end insert—
    "(   )  The restricted activity that may be the subject of authorisation under subsection (3) may include in particular—
    (a)  the control of entry to, and exit from, the prison by visitors; and
    (b)  the staffing of prison control rooms."
105Page 10, line 37, at end insert "and has the appropriate training to do so"
 

BARONESS LINKLATER OF BUTTERSTONE
LORD DHOLAKIA
LORD WALLACE OF SALTAIRE

106Page 10, line 43, at end insert—
    "(   )  A worker at a contracted-out prison shall be subject to the qualification requirements that the Secretary of State shall by regulation define."
 

LORD RAMSBOTHAM

 Lord Ramsbotham gives notice of his intention to oppose the Question that Clause 15 stand part of the Bill.
 

After Clause 15

 

BARONESS LINKLATER OF BUTTERSTONE
LORD DHOLAKIA
LORD WALLACE OF SALTAIRE

107Insert the following new Clause—
  "Establishments
(1)  Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (c. 47) (regulated activity: general) is amended as follows.
(2)  After paragraph 3(1)(g) there is inserted—
    "(h)  contracted-out prisons"."
 

Clause 16

 

LORD RAMSBOTHAM
BARONESS GIBSON OF MARKET RASEN

 The above-named Lords give notice of their intention to oppose the Question that Clause 16 stand part of the Bill.

 
back to previous pagecontinue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2007
18 May 2007