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Offender Management Bill


SECOND
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 9 and 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 9

 

BARONESS HOWE OF IDLICOTE
LORD JUDD

23APage 6, line 36, 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."
 

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."
25[Withdrawn]
26[Withdrawn]
 

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

29Leave 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."
     

    After Clause 26

     

    LORD LOW OF DALSTON
    LORD RAMSBOTHAM

    32Insert the following new Clause—

    "Disability equality duty

      Disability equality duty
    (1)  The Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005 (S.I. 2966/2005) are amended as follows.
    (2)  In regulation 2(3)(d)(iii) after the words "Part I" insert the words "or Part V".
    (3)  After regulation 2(6)(c) insert—
      "(d)  in the case of a public authority listed in Part V of Schedule 1, 1st December 2008."
    (4)  After Part IV of Schedule 1 insert—

    "PART V

     Her Majesty's Prison Service
     A prison operated by Her Majesty's Prison Service
     Any contracted out prison within the meaning of section 84 of the Criminal Justice Act 1991"."
 

LORD RAMSBOTHAM
BARONESS STERN

33Insert 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,
(e)  the Commissioner for Women appointed under section (Commission for Women Offenders), and
(f)  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."
 

EARL OF LISTOWEL
BARONESS HOWE OF IDLICOTE

33A*Insert the following new Clause—
  "Prison officers: qualifications and supervision
  After section 8A of the Prison Act 1952 (c. 52) there is inserted—
    "8B  "National framework for qualifications of officers
    (1)  The Secretary of State must publish guidelines about any qualifications, experience or training required to perform the work of a prison officer.
    (2)  Guidelines under this section may make different provision for different purposes.
    8C  Minimum standards for supervision
    (1)  The Secretary of State must publish minimum standards for the supervision of prison officers by senior officers.
    (2)  Standards published under this section must set out—
    (a)  the level of seniority required for the supervision of another officer;
    (b)  minimum periods of time required for, and frequency of, supervisory meetings.
    (3)  Standards published under this section may establish guidelines about the conduct of supervision."."
 

Clause 33

 

BARONESS LINKLATER OF BUTTERSTONE
LORD WALLACE OF SALTAIRE

34Page 22, line 35, at end insert—
"(   )  After section 100(3) (offenders under 18: detention and training orders), there is inserted—
    "(3A)  On the making of a detention and training order, it shall be the duty of the court and the provider of the youth detention accommodation to ensure that the child's well-being is considered.
    (3B)  "Well-being", in relation to children and young people, is a reference to their well-being having regard to the matters mentioned in section 10(2) of the Children Act 2004."."
 

After Clause 33

 

LORD RAMSBOTHAM
BARONESS STERN
LORD JUDD

35Insert the following new Clause—
  "Young offenders not to be detained in prisons
(1)  In section 27(1) of the Criminal Justice Act 1948 (c. 58) (remand of persons aged 17 to 20) omit the words—
(a)  ", if the court has been notified by the Secretary of State that a remand centre is available for the reception from the court of persons or his class or description,", and
(b)  "and, if it has not been so notified, it shall commit him to a prison."
(2)  In section 43(2) of the Prisons Act 1952 (c. 52) (remand centres, detention centres and youth custody centres) omit paragraph (c).
(3)  For section 106 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) substitute—
    "106Interaction with sentences of detention in a young offender                   institution
    (1)  Where a court passes a sentence of detention in a young offender institution in the case of an offender who is subject to a detention and training order, the sentence shall take effect as follows—
    (a)  if the offender has been released by virtue of subsection (2), (3), (4) or (5) of section 102 above, at the beginning of the day on which it is passed;
    (b)  if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released by virtue of subsection (2), (3), (4) or (5) of section 102.
    (2)  Where a court makes a detention and training order in the case of an offender who is subject to a sentence of detention in a young offender institution, the order shall take effect as follows—
    (a)  if the offender has been released under Part II of the Criminal Justice Act 1991 (early release of prisoners), at the beginning of the day on which it is made;
    (b)  if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released under that Part.
    (3)  Subsection (1)(a) above has effect subject to section 105(3)(a) above and subsection (2)(a) above has effect subject to section 116(6)(b) below.
    (4)  Subject to subsection (5) below, where at any time an offender is subject concurrently—
    (a)  to a detention and training order, and
    (b)  to a sentence of detention in a young offender institution,
     he shall be treated for the purposes of sections 102 to 105 above and of section 98 above (place of detention), Chapter IV of this Part (return to detention) and Part II of the Criminal Justice Act 1991 (early release) as if he were subject only to the one of them that was imposed on the later occasion.
    (5)  Nothing in subsection (4) above shall require the offender to be released in respect of either the order or the sentence unless and until he is required to be released in respect of each of them.
    (6)  Where, by virtue of any enactment giving a court power to deal with a person in a way in which a court on a previous occasion could have dealt with him, a detention and training order for any term is made in the case of a person who has attained the age of 18, the person shall be treated as if he had been sentenced to detention in a young offender institution for the same term."
(4)  Section 61 of the Criminal Justice and Court Services Act 2000 (c. 43) (abolition of sentences of detention in a young offender institution, custody for life, etc.) is repealed."

 
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2 July 2007