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Offender Management Bill


THIRD
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 3 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.

 

Clause 3

 

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 GIBSON OF MARKET RASEN
BARONESS TURNER OF CAMDEN

41APage 3, line 35, at end insert—
"(d)  to implement the specific disability equality duty under the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005 (2005/2966), through—
(i)  preparing and publishing a Disability Equality Scheme, including within it an action plan;
(ii)  involving disabled people in producing the Scheme and action plan;
(iii)  implementing the Scheme within three years of its publication;
(iv)  reviewing and revising the Scheme at least every three years; and
(v)  reporting on progress annually;
(e)  to implement the specific gender equality duty under the Sex Discrimination 1975 (Public Authorities) (Statutory Duties) Order 2006 (2006/2930), through—
(i)  preparing and publishing a Gender Equality Scheme;
(ii)  implementing the Scheme within three years of its publication;
(iii)  reviewing and revising the Scheme at least every three years; and
(iv)  reporting on progress annually."
 

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.
 

After Clause 3

 

BARONESS ANELAY OF ST JOHNS

48AInsert 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

51APage 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"
51BPage 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

53AInsert 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."
 

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"
 

LORD RAMSBOTHAM

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

 
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22 May 2007