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Offender Management Bill


FIFTH
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 12 to 36
Schedules 3 to 5
Clauses 37 to 39

[Amendments marked * are new or have been altered]

Amendment
No.

 

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 14

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

100Page 9, line 13, after first "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.""
 

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."
 

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 19

 

BARONESS SCOTLAND OF ASTHAL

108Page 12, line 25, at end insert—
    "(4A)  The reference in paragraph (b), (c) or (d) of list B to a device of any description includes a reference to—
    (a)  a component part of a device of that description; or
    (b)  an article designed or adapted for use with a device of that description (including any disk, film or other separate article on which images, sounds or information may be recorded)."
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

109Page 13, line 3, at end insert "prison rules or by"
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD RAMSBOTHAM

110Page 13, line 6, at end insert—
    "(   )  Prior to giving any authorisation under this section, the Secretary of State must lay before both Houses of Parliament a statement setting out those circumstances in which an authorisation may be given under subsection (2)(a) otherwise than by prison rules."
 

Clause 20

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD RAMSBOTHAM

111Page 15, line 32, at end insert—
    "(   )  Prior to giving any authorisation under this section, the Secretary of State must lay before both Houses of Parliament a statement setting out those circumstances in which an authorisation may be given under subsection (2)(a) otherwise than by prison rules."
 

Clause 22

 

LORD RAMSBOTHAM

112Page 17, line 5, leave out subsection (1) and insert—
"(1)  Section 7 of the Prison Act 1952 (c. 52) is amended as follows.
(2)  In subsection (1) for "medical officer" substitute "health care manager".
(3)  In subsection (4) the words "and the medical officer shall be a registered medical practitioner" are omitted."
 

After Clause 23

 

BARONESS STERN
LORD RAMSBOTHAM

112AInsert the following new Clause—
  "Independent Monitoring Boards
(1)  The boards appointed under section 6 of the Prison Act 1952 (c. 52) (boards of visitors) are renamed as Independent Monitoring Boards.
(2)  Accordingly, in section 6 of that Act—
(a)  for the sidenote there is substituted "Independent Monitoring Boards";
(b)  in subsection (2)—
(i)  for "boards of visitors" there is substituted "group of independent monitors"; and
(ii)  the words from "of whom" to the end shall cease to have effect;
(c)  after subsection (2) there is inserted—
      "(2A)  The groups so appointed are to be known as Independent Monitoring Boards.";
(d)  in subsection (3) for "boards of visitors" and "a board of visitors" there is substituted respectively "Independent Monitoring Boards" and "an Independent Monitoring Board".
(3)  In section 19 of that Act (right of justices to visit prison), in subsection (3) for "visiting committee or the board of visitors" there is substituted "Independent Monitoring Board".
(4)  In Part 2 of Schedule 1A to the Race Relations Act 1976 (c. 74) (public bodies and other persons subject to general statutory duty), there is inserted, in the appropriate place under the heading "Other Bodies Etc.", the following entry—"An Independent Monitoring Board appointed under section 6(2) of the Prison Act 1952.".
(5)  In section 50 of the Employment Rights Act 1996 (c. 18) (right to time off for public duties)—
(a)  in subsection (2)(d), for "a board of prison visitors" there is substituted "an Independent Monitoring Board for a prison"; and
(b)  in subsection (7)(a), for the words from the beginning to "of visitors" there is substituted "Independent Monitoring Board" means a board".
(6)  In section 99 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (conversion of sentence of detention or custody to sentence of imprisonment), in subsection (1)(b) for "boards of visitors" there is substituted "Independent Monitoring Board".
(7)  In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities: other public bodies and offices) there is inserted, in the appropriate place, the following entry—
      "Any Independent Monitoring Board established under section 6(2) of the Prison Act 1952.""
 

LORD RAMSBOTHAM

112BInsert the following new Clause—
  "Offender Management Board
(1)  There shall be a board to be known as the Offender Management Board ("the Board").
(2)  The Board shall be based within the Ministry of Justice.
(3)  The members of the Board shall include—
(a)  the Secretary of State who shall act as chairman,
(b)  the Director-General of the Prison Service,
(c)  the Director of the National Probation Service,
(d)  the chairman of the Youth Justice Board, and
(e)  other persons who the Secretary of State may nominate.
(4)  The Board shall be responsible for—
(a)  disseminating policy to, and
(b)  establishing good practice with respect to,
 all organisations involved in the operation of the offender management system.
(5)  In carrying out its functions, the Board shall comply with any directions given by the Secretary of State and act in accordance with any guidance given by him."
 

Before Clause 24

 

LORD NORTHBOURNE
LORD RAMSBOTHAM

112CInsert the following new Clause—

"Duty to promote children's welfare

  Duty to promote children's welfare
  The Secretary of State shall by regulations provide for all individuals and agencies responsible for the management of offenders to be subject to a duty to have regard to the need to protect and promote the welfare of the children of offenders including, in particular, the children of those serving prison sentences."
 

Clause 24

 

LORD LLOYD OF BERWICK

 Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 24 stand part of the Bill.
 

Clause 25

113[Withdrawn]
 

BARONESS SCOTLAND OF ASTHAL

114Page 19, line 18, at end insert—
"(8)  The power to make rules under subsection (6) is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament."
 

LORD LLOYD OF BERWICK

 Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 25 stand part of the Bill.
 

Clause 26

 

LORD LLOYD OF BERWICK

 Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 26 stand part of the Bill.
 

Clause 30

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

115*Page 20, line 39, leave out from "for" to ", and" and insert ""secure accommodation" there is substituted "youth detention accommodation of an appropriate secure nature given the individual's circumstances""
 

BARONESS SCOTLAND OF ASTHAL
LORD RAMSBOTHAM
BARONESS STERN

116Page 21, line 1, leave out paragraph (b)
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

117*Page 21, line 5, leave out from "for" to end and insert ""secure accommodation" there is substituted "youth detention accommodation of an appropriate secure nature given the individual's circumstances""
 

BARONESS SCOTLAND OF ASTHAL
LORD RAMSBOTHAM
BARONESS STERN

118Page 21, line 7, leave out paragraph (b)
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

119*Page 21, line 11, leave out from "for" to ", and" in line 12 and insert ""secure accommodation" there is substituted "youth detention accommodation of an appropriate secure nature given the individual's circumstances""
 

LORD RAMSBOTHAM
BARONESS SCOTLAND OF ASTHAL
BARONESS STERN

120Page 21, line 13, leave out paragraph (b)
121Page 21, line 16, leave out subsection (5)
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

122*Page 21, line 25, leave out from "for" to end and insert ""secure accommodation" there is substituted "youth detention accommodation of an appropriate secure nature given the individual's circumstances""
123Page 21, line 28, after "accommodation" insert "of an appropriate secure nature given the individual's circumstances"

 
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8 June 2007