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Offender Management Bill


 
 

 

Offender Management Bill

MARSHALLED LIST OF MOTIONS and amendments TO BE MOVED ON

CONSIDERATION OF COMMONS Reasons And AMENDMENTs

[The page and line references are to HL Bill 47, the bill as first printed for the Lords.]

MOTION A

(LORDS AMENDMENTS NOS. 6, 8, 9, 12 AND 13)

Clause 3

LORDS AMENDMENT NO. 6

6

Page 3, line 21, leave out “Secretary of State” and insert “probation boards and

 

probation trusts”

 

COMMONS disAGREEMENT and reason

 

The Commons disagree to Lords Amendments Nos. 6, 9, 12 and 13 for the following

 

Reason—

6A

Because it is an essential feature of Part 1 of the Bill that the commissioning function in

 

Clause 3(2) is exercised by the Secretary of State.

 

LORDS AMENDMENT NO. 8

8

Page 3, line 35, at end insert—

 

“(3A)    

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.”

 
 
HL Bill 99—I54/2

 
 

Offender Management Bill

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COMMONS disAGREEMENT and amendment in lieu

 

The Commons disagree to Lords Amendment No. 8 but propose the following Amendment

 

in lieu­—

8A

Page 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) above providing for the delegation of that function to the

 

other person.”

 

LORDS AMENDMENT NO. 9

9

Page 3, line 36, leave out from beginning to “, he” in line 37 and insert “Where the

 

Secretary of State makes probation provision himself in accordance with

 

subsection (3A)(b)”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendments Nos. 6, 9, 12 and 13 for the following

 

Reason—

9A

Because it is an essential feature of Part 1 of the Bill that the commissioning function in

 

Clause 3(2) is exercised by the Secretary of State.

After Clause 3

LORDS AMENDMENT NO. 12

12

Insert 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.”

 

commons disagreement and reason

 

The Commons disagree to Lords Amendments Nos. 6, 9, 12 and 13 for the following

 

Reason—

12A

Because it is an essential feature of Part 1 of the Bill that the commissioning function in

 

Clause 3(2) is exercised by the Secretary of State.


 
 

Offender Management Bill

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Clause 4

LORDS AMENDMENT NO. 13

13

Page 4, line 2, leave out “3(2)” and insert “3”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendments Nos. 6, 9, 12 and 13 for the following

 

Reason—

13A

Because it is an essential feature of Part 1 of the Bill that the commissioning function in

 

Clause 3(2) is exercised by the Secretary of State.

 

MOTION A

A

Baroness Scotland of Asthal to move, That this House do not insist on its

 

Amendments 6, 8, 9, 12 and 13 and do agree with the Commons in their Amend­

 

ment 8A in lieu.

A1

Baroness Anelay of St Johns to move, as an amendment to Motion A, at end in­

 

sert “but do propose the following amendments to Commons Amendment 8A in

 

lieu

8B

Line 4, leave out “the other person” and insert “the probation trust, or another local

 

lead provider”

8C

Line 5, at end insert—

 

“(3B)    

The probation trust, or another local lead provider, shall engage with other

 

partners in the local strategic partnership to agree and implement local area

 

agreements.

 

(3C)    

The regional commissioner shall ensure that the contract with the local lead

 

provider enables the obligations under the provisions of subsection (3B) to

 

be fulfilled.””

 

MOTION B

 

 

(LORDS AMENDMENT NO. 11)

Clause 3

LORDS AMENDMENT NO. 11

11

Page 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.”


 
 

Offender Management Bill

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COMMONS DISAGREEMENT AND AMENDMENT IN LIEU

 

The Commons disagree to Lords Amendment No. 11 but propose the following Amendment

 

in lieu—

11A

Page 3, line 46, at end insert—

 

“(6)    

In carrying out functions under this Part in relation to arrangements under

 

section 3(2) with another person (“the provider”), the Secretary of State

 

shall have regard to the need to take reasonable steps to avoid (so far as

 

practicable) the risk that—

 

(a)    

the provision, in pursuance of the arrangements, of assistance to a

 

court or to the Parole Board for England and Wales, and

 

(b)    

the carrying out, in pursuance of the arrangements, of any other

 

activities,

 

    

might be adversely affected by any potential conflict between the

 

provider’s obligations in relation to those activities and the financial

 

interests of the provider.”

 

MOTION b

B

Baroness Scotland of Asthal to move, That this House do not insist on its

 

Amendment 11 and do agree with the Commons in their Amendment 11A in

 

lieu.

B1

Baroness Anelay of St Johns to move, as an amendment to the above Motion, at

 

end insert “but do propose the following amendment to Commons Amendment

 

11A in lieu

11B

Line 4, leave out from “shall” to “the” in line 5 and insert “ensure that measures are

 

in place that will avoid””

 

MOTION C

 

 

(LORDS AMENDMENT NO. 16)

After Clause 16

LORDS AMENDMENT NO. 16

16

Insert the following new Clause—

 

“Annual plans etc

 

(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.

 

(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


 
 

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(b)    

carry out any arrangements which he expects to be in force under

 

section 3(4) for that year.

 

(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(3A) or (4)

 

for that year.

 

(4)    

Arrangements made by the Secretary of State under section 3(3A) or (4)

 

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.

 

(5)    

In subsection (4)—

 

“annual plan” means a plan setting out the way in which the person

 

required to publish the plan proposes to carry out any specified

 

activities during the year to which the plan relates;

 

“specified activities”, in relation to a person with whom arrangements

 

under section 3(4) or (5) are made, means activities of a description

 

specified in those arrangements for the purposes of subsection (4)

 

above.

 

(6)    

In this section “year” means a period of 12 months ending with 31st

 

March.”

 

 

commons amendments to lords amendment

 

The Commons agree to Lords Amendment No. 16 to which they have made the following

 

Amendments—

16A

Line 18, leave out “3(3A) or (4)” and insert “3(4)”

16B

Line 19, at end insert—

 

“(3A)    

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.”

16C

Line 20, leave out “3(3A) or (4)” and insert “3(2)”

16D

Line 24, leave out “subsection (4)” and insert “subsections (3A) and (4)”

16E

Line 25, leave out “person required to publish the plan” and insert “probation trust

 

or other person (as the case may be)”

16F

Line 28, leave out “person with whom arrangements under sections 3(4) or (5)” and

 

insert “probation trust or other person with whom arrangements under section

 

3(2)”

16G

Line 30, leave out “(4) above” and insert “(3A) or (4) above (as the case may be)”

 

motion C

C

Baroness Scotland to move, That this House do agree with the Commons in their

 

Amendments 16A to 16G to Lords Amendment 16.


 
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