Prisons and Courts Bill
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1 House of Commons Wednesday 29 March 2017 PUBLIC BILL COMMITTEE New Amendments handed in are marked thus Amendments which will comply with the required notice period at their next appearance PRISONS AND COURTS BILL NOTE This document includes all amendments remaining before the Committee and includes any withdrawn amendments at the end. The amendments have been arranged in accordance with the Order of the Committee [28 March 2017]. Richard Burgon Yasmin Qureshi Nick Thomas-Symonds 9 Clause 1,page1, line 10, leave out “aim” and insert “adopt procedures and practices designed” Member’s explanatory statement This amendment strengthens “aims to” in Clause 1. Richard Burgon Yasmin Qureshi Nick Thomas-Symonds 10 Clause 1,page1, line 14, after “safe” insert “, decent, fair” Member’s explanatory statement This amendment requires the purposes of prisons to include decency and fairness. Richard Burgon Yasmin Qureshi Nick Thomas-Symonds 11 Clause 1,page1, line 14, at end insert “for prisoners and prison staff” Member’s explanatory statement This amendment requires the purposes of prisons to include prison staff. 2 Public Bill Committee: 29 March 2017 Prisons and Courts Bill, continued Conor McGinn 1 Clause 1,page1, line 14, at end insert— “(da) maintain an environment where it is safe for prisoners to practise their faith.” Member’s explanatory statement This amendment guarantees the rights of prisoners to practise their faith in prison. Michael Tomlinson Kate Green 3 Clause 1,page1, line 14, at end insert— “(da) ensure family and other supportive relationships are maintained and developed.” Member’s explanatory statement This amendment includes maintenance of family relationships in the purpose of prisons. Liz Saville Roberts Hywel Williams Jonathan Edwards 4 Clause 1,page1, line 14, at end insert— “(e) provide for the wellbeing and healthcare of offenders, including treatment for drug and alcohol misuse and assuring access to continued relevant support upon release. (f) liaise with the Probation and other relevant services to ensure coordinated rehabilitation of offenders.” Member’s explanatory statement This amendment ensures that it is within the purpose of a prison to ensure offenders receive the appropriate physical and mental healthcare, as well as necessary rehabilitative support upon release. Richard Burgon Yasmin Qureshi Nick Thomas-Symonds Kate Green 12 Clause 1,page1, line 14, at end insert— “(da) maintain and promote physical and mental health of prisoners.” Member’s explanatory statement This amendment requires the purposes of prisons to include the wellbeing of prisoners. Richard Burgon Yasmin Qureshi Nick Thomas-Symonds 13 Clause 1,page1, line 14, at end insert— “1A Cooperation with agencies (1) The Secretary of State has a duty to co-operate with other agencies and bodies whose functions are relevant to the purpose outlined in section (A1). (2) For the purposes of subsection (1), agencies and bodies must include— (a) local authorities, Public Bill Committee: 29 March 2017 3 Prisons and Courts Bill, continued (b) the National Probation Service, (c) Community Rehabilitation Companies, and (d) any agency which provides to offenders the following— (i) housing, (ii) education, (iii) employment, (iv) health care, (v) treatment for addiction, (vi) mentoring for offenders, or (vii) support to families of offenders.” Member’s explanatory statement This amendment requires the Secretary of State to co-operate with other agencies to fulfil the purpose of prisons. Conor McGinn 2 Clause 1,page2, line 7, at end insert— “(3) The Secretary of State must ensure a prison chaplain is present in every establishment.” Member’s explanatory statement This amendment requires the Secretary of State to provide a prison chaplain in every establishment. Richard Burgon Yasmin Qureshi Nick Thomas-Symonds 14 Clause 1,page2, line 7, at end insert— “(2A) The Secretary of State must by regulation set minimum standards required to achieve the purpose as detailed in section (A1). ( ) Minimum standards in subsection (3) set under these regulations must in particular include, but shall not be restricted to, the following— (a) overcrowding of prison cells, (b) prison staff to prisoner ratio, (c) access to appropriate and education, (d) access to health care, (e) access to time in open air, (f) weekly time spent in locations other than cells, and (g) Equality Act 2010 requirements.” Member’s explanatory statement This amendment requires the Secretary of State to set minimum standards to achieve the purposes of prisons. Liz Saville Roberts Hywel Williams Jonathan Edwards 5 Clause 1,page2, line 12, at end insert “and (b) steps taken in relation to meeting health targets specified by the Secretary of State on— (i) blood borne viruses, and 4 Public Bill Committee: 29 March 2017 Prisons and Courts Bill, continued (ii) substance abuse, including the provision of testing and treatment for hepatitis C.” Member’s explanatory statement This amendment ensures that the Secretary of State’s annual report on prisons includes targets on blood borne viruses and substance abuse and analysis of whether they are being met. Liz Saville Roberts Hywel Williams Jonathan Edwards 6 Clause 2,page2, line 18, leave out “a” and insert “an independent” Member’s explanatory statement This amendment ensures the person appointed as Her Majesty’s Chief Inspector of Prisons has the necessary independence from Government and associated bodies. Richard Burgon Yasmin Qureshi Nick Thomas-Symonds 15 Clause 2,page2, line 18, at end insert— “(1A) Before Her Majesty makes an appointment under this section, the Chair of the Justice Committee of the House of Commons shall recommend for Her Majesty’s consideration an appropriate person who in its view could satisfactorily carry out the functions of the Chief Inspector by moving a name on the floor of the House.” Member’s explanatory statement This amendment provides that the Justice Select Committee should make a recommendation on the appointment of the Chief Inspector of Prisons. Richard Burgon Yasmin Qureshi Nick Thomas-Symonds 16 Clause 2,page2, line 30, leave out “The provisions in this Act about” and insert “The operation of” Member’s explanatory statement This amendment requires the work of HMIP to be compliant with OPCAT. Richard Burgon Yasmin Qureshi Nick Thomas-Symonds 17 Clause 2,page2, line 31, leave out “are in accordance” and insert “must comply” Member’s explanatory statement This amendment requires the work of HMIP to be compliant with OPCAT. Public Bill Committee: 29 March 2017 5 Prisons and Courts Bill, continued Richard Burgon Yasmin Qureshi Nick Thomas-Symonds 18 Clause 2,page4, line 19, at end insert— “(3A) In preparing a section 5A(2) report, the Chief Inspector must also consider the effectiveness of practices and procedures in the prison in relation to the protection of the rights of prisoners.” Member’s explanatory statement This amendment requires the Chief Inspector to report on the rights of prisoners. Richard Burgon Yasmin Qureshi Nick Thomas-Symonds 19 Clause 2,page4, line 22, leave out “90 days” and insert “60 days” Member’s explanatory statement This amendment requires a response from the Secretary of State within a set timeframe when a HMIP report makes recommendations. Richard Burgon Yasmin Qureshi Nick Thomas-Symonds 20 Clause 2,page4, line 23, at end insert— “(5A) The response must set out the actions that the Secretary of State has taken, or proposes to take, in response to the concerns described in the report.” Member’s explanatory statement This amendment requires the response from the Secretary of State to set out actions. Richard Burgon Yasmin Qureshi Nick Thomas-Symonds 21 Clause 2,page5, line 2, leave out “28 days” and insert “14 days” Member’s explanatory statement This amendment requires a response from the Secretary of State within a set timeframe when a HMIP report giving rise to significant concerns makes recommendations. Richard Burgon Yasmin Qureshi Nick Thomas-Symonds 22 Clause 2,page5, line 12, after “prison” insert “at any time” Member’s explanatory statement This amendment enables the Inspectorate to enter prisons at any time. Liz Saville Roberts Hywel Williams Jonathan Edwards 7 Clause 2,page5, line 20, at end insert— “(2A) The Chief Inspector may require any person to provide information on— (a) the adequacy of staffing levels, 6 Public Bill Committee: 29 March 2017 Prisons and Courts Bill, continued (b) the nature of education and literacy programmes, and (c) the effectiveness of rehabilitation programmes and re-conviction rates.” Member’s explanatory statement This amendment ensures the Chief Inspector has the necessary powers to obtain information relating to staffing levels, education programmes, rehabilitation programmes and re-conviction rates. Richard Burgon Yasmin Qureshi Nick Thomas-Symonds 23 Clause 2,page7, line 29, at end insert— “(8) Before this section comes into force the Secretary of State must prepare and publish a report describing progress made towards the implementation of recommendations of the Chair of the Parole Board concerning the treatment of prisoners serving sentences of imprisonment for public protection and detention for public protection and must lay a copy of the report before Parliament.” Member’s explanatory statement This amendment enables issues relating to IPPs to be debated within the long title. Stuart C. McDonald Richard Arkless 30 Clause 4,page9, line 6, at end insert— “(d) Investigating cases where a person is detained in immigration detention facilities