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Offender Management Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 21st June 2007, as follows—

Clauses 1 to 5
Schedule 1
Clauses 6 to 10
Schedule 2
Clauses 11 to 38
Schedules 3 to 5
Clauses 39 to 41
[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

BARONESS SCOTLAND OF ASTHAL

1Page 2, line 21, at end insert—
 ""prison" includes a young offender institution and a secure training centre;"
 

After Clause 1

 

BARONESS LINKLATER OF BUTTERSTONE
LORD DHOLAKIA

2Insert the following new Clause—
  "Duty to co-operate
  The Secretary of State, local probation boards, the Prison Service and such other persons or organisations as the Secretary of State may by order designate (a "designated body") shall co-operate with one another in carrying out their respective functions, in so far as those functions relate to the purposes identified in section 1 of the Criminal Justice and Court Services Act 2000 (c. 43)."
 

Clause 2

 

LORD RAMSBOTHAM
BARONESS STERN
BARONESS LINKLATER OF BUTTERSTONE

3*Page 3, line 7, leave out paragraph (c) and insert—
"(c)  the proper enforcement of court orders;"
 

Clause 3

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD WALLACE OF SALTAIRE
BARONESS LINKLATER OF BUTTERSTONE

4Page 3, line 21, leave out "Secretary of State" and insert "probation boards and probation trusts"
 

LORD JUDD
BARONESS STERN

5Page 3, line 21, after "arrangements" insert "for co-operation"
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD WALLACE OF SALTAIRE
BARONESS LINKLATER OF BUTTERSTONE

6Page 3, line 36, leave out subsection (4) and insert—
"(4)  If it appears to the Secretary of State that sufficient provision of probation services is not being, or will not be, made in accordance with the arrangements under subsection (2) he shall—
(a)  make contractual or other arrangements with any other person for the making of the probation provision; or
(b)  make the probation provision himself."
7Page 3, line 39, leave out from beginning to ", he" in line 40 and insert "Where the Secretary of State makes probation provision himself in accordance with subsection (4)(b)"
 

After Clause 3

 

LORD WALLACE OF SALTAIRE
LORD DHOLAKIA

8Insert the following new Clause—
  "Model contracts
(1)  The Secretary of State may produce model contracts for the purposes of seeking tenders for and agreeing contractual arrangements under section 3(2) above.
(2)  If the Secretary of State exercises his power under subsection (1) he shall produce different model contracts for private and voluntary sector providers.
(3)  A model contract may be amended or withdrawn at any time other than during the course of tendering.
(4)  There shall be published in the London Gazette—
(a)  a copy of any model contract produced under subsection (1),
(b)  a copy of any model contract amended under subsection (3),
(c)  a notice of the withdrawal of any model contract."
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

9Insert 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 service needs;
(b)  from whom it proposes to commission services; and
(c)  the cost of those services.
(3)  Where the Secretary of State considers that sufficient provision will not be made, he may modify the plan.
(4)  Any modifications made by the Secretary of State shall be made no later than one month before the start of the financial year covered by the plan."
 

LORD DHOLAKIA
LORD WALLACE OF SALTAIRE

10Insert 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 other than restricted probation provision, 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 may by order amend this section so as to increase the percentage specified in subsection (1) of probation services which shall be provided by charities."
 

Clause 4

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

11Page 4, line 12, leave out "3(2)" and insert "3"
 

BARONESS GIBSON OF MARKET RASEN
BARONESS TURNER OF CAMDEN

12*Page 4, line 19, at end insert "; or
(c)  is for the provision of assistance to the Parole Board and the Secretary of State in the early release and recall of prisoners."
 

Schedule 1

 

BARONESS GIBSON OF MARKET RASEN
BARONESS TURNER OF CAMDEN

13Page 28, line 27, leave out "are for the trust to determine" and insert "shall be determined by the Secretary of State"
 

BARONESS SCOTLAND OF ASTHAL

14Page 29, line 32, leave out "the trust" and insert "a probation trust"
15Page 29, line 33, at end insert—
"(2A)      The Auditor General for Wales may examine any accounts of a Welsh probation trust, any records relating to the accounts and any auditor's report on them."
16Page 29, line 34, leave out sub-paragraph (3) and insert—
"(3)      In the Audit Commission Act 1998 (c. 18)—
(a)  in section 11(2) (consideration of reports etc), after paragraph (f) there is inserted—
"(fa)  probation trusts;";
(b)  in paragraph 1 of Schedule 2 (bodies subject to audit), after paragraph (p) there is inserted—
"(q)  a probation trust (other than a Welsh probation trust as defined in paragraph 13(4) of Schedule 1 to the Offender Management Act 2007)."
(3A)      In the Public Audit (Wales) Act 2004 (c. 23)—
(a)  in section 12(1) (local government bodies in Wales), after paragraph (i) there is inserted—
"(j)  a Welsh probation trust (as defined by paragraph 13(4) of Schedule 1 to the Offender Management Act 2007).";
(b)  in section 24(2) (consideration of reports in public interest), after paragraph (d) there is inserted—
"(e)  a probation trust."; and
(c)  in section 25(3) (procedure for consideration of reports etc), after paragraph (d) there is inserted—
"(e)  a probation trust."."
17Page 30, line 4, at end insert "; and
 "Welsh probation trust" means a probation trust which is for the time being designated as such by the order establishing it under section 5(1)."
 

Clause 6

 

LORD JUDD
BARONESS STERN

18Page 5, line 19, after "person" insert "or organisation"
19Page 5, line 20, at end insert "including professional preparation and training"
 

Clause 8

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

20Page 6, line 7, leave out "3(5)" and insert "3(4) or (5)"
21Page 6, line 9, leave out subsection (4)
22Page 6, line 12, leave out "3(2)" and insert "3(4) or (5)"
 

After Clause 8

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

23Insert the following new Clause—
  "Re-offending targets
  The Secretary of State shall report annually to Parliament—
(a)  on the nature of targets he has set concerning the reduction of offending or re-offending by those charged with or convicted of offences, or those given conditional cautions; and
(b)  on the progress made towards meeting such targets."
 

After Clause 9

 

BARONESS SCOTLAND OF ASTHAL

24Insert the following new Clause—
  "National framework for qualifications of officers
(1)  The Secretary of State may publish guidelines about any qualifications, experience or training required to perform the work of an officer of a provider of probation services.
(2)  The Secretary of State must publish guidelines under subsection (1) in relation to work involving the supervision of offenders and other work requiring direct contact with offenders (including offenders held in custody).
(3)  Guidelines under this section may make different provision for different purposes.
(4)  In exercising his powers under section 3(2) and (5) and 9 the Secretary of State shall have regard to the need to secure, so far as practicable, that guidelines published under this section have the same effect in relation to every provider of probation services whose officers perform work to which they relate."
 

Clause 13

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

25Page 8, line 34, after first "to" insert—
"(i)"  
26Page 8, line 34, at end insert ", and
(ii)  another listed person"
 

After Clause 13

 

BARONESS GIBSON OF MARKET RASEN
BARONESS TURNER OF CAMDEN

27Insert 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 under section 3 above."
 

After Clause 15

 

LORD RAMSBOTHAM
BARONESS ANELAY OF ST JOHNS
LORD DHOLAKIA

28Insert the following new Clause—
  "Probation report
(1)  Within a period of six months of the coming into force of this Act, the Secretary of State shall lay a report before both Houses of Parliament containing—
(a)  a review of the proposals contained within the report published on 11th December 2003 "Managing Offenders, Reducing Crime: A New Approach";
(b)  the collated responses to the consultation document "Restructuring Probation to Reduce Re-Offending";
(c)  a review of the responses referred to in paragraph (b); and
(d)  proposals for reform of the Probation Service.
(2)  The Secretary of State must include in a report under subsection (1) notification of when he will exercise his power under section 40(1A)."
 

Clause 19

 

LORD RAMSBOTHAM
BARONESS STERN
LORD WALLACE OF SALTAIRE
BARONESS LINKLATER OF BUTTERSTONE

29*Leave out Clause 19
 

Clause 22

 

BARONESS SCOTLAND OF ASTHAL

30Page 15, line 1, at end insert "prison rules or by"
 

After Clause 25

 

BARONESS SCOTLAND OF ASTHAL

31Insert 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), for "board of visitors" there is substituted "group of independent monitors";
(c)  after subsection (2) there is inserted—
"(2A)  The groups so appointed are to be known as independent monitoring boards."; and
(d)  in subsection (3), for "boards of visitors" there is substituted "independent monitoring boards" and for "a board of visitors" there is substituted "an independent monitoring board".
(3)  In section 6(2) of that Act the words from "of whom" to the end cease to have effect."

 
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©Parliamentary copyright 2007
26 June 2007