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Offender Management Bill


FOURTH
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 4 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 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"
 

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52[Withdrawn]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)."
53A[Withdrawn]
54[Withdrawn]
 

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."
 

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"
66[Withdrawn]
 

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"
 

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."
 

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"

 
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4 June 2007