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House of Commons NOTICES OF AMENDMENTS given up to and including Thursday 30 March 2017

New Amendments handed in are marked thus  Amendments which will comply with the required notice period at their next appearance Amendments tabled since the last publication: 32-36, NC15-NC16 PUBLIC BILL COMMITTEE

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NOTE This document includes all amendments remaining before the Committee and includes any withdrawn amendments at the end.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].

Nick Thomas-Symonds Yasmin Qureshi Richard Burgon 32  Clause 34,page33, line 22, at end insert— “(1A) Within two years of this Act coming into force, the Secretary of State shall commission an independent evaluation of matters under section 34 and shall lay the report of the evaluation before each House of Parliament.” Member’s explanatory statement This amendment ensures the Secretary of State will undertake a review within two years of the Bill’s provisions relating to public participation in proceedings conducted by video and audio. 2 Public Bill Committee: 30 March 2017

Prisons and Courts Bill, continued Nick Thomas-Symonds Yasmin Qureshi Richard Burgon 33  Clause 36,page38, line 35, at end insert— “(4) Within two years of this Act coming into force, the Secretary of State shall commission an independent evaluation of the implementation of the automatic online conviction option made under subsection (1) and shall lay the report of the evaluation before each House of Parliament.” Member’s explanatory statement This amendment ensures the Secretary of State will review automatic online conviction within two years of its implementation.

Nick Thomas-Symonds Yasmin Qureshi Richard Burgon 35  Schedule 12,page147, line 41, at end insert— “(2A) In subsection (4) for “may” substitute “must” Member’s explanatory statement This amendment would ensure that directions given by the Lord Chancellor about the distribution and transfer of the general business of magistrates’ courts between places must include provision about where a Defendant is required to appear (see amendment 36).

Nick Thomas-Symonds Yasmin Qureshi Richard Burgon 36  Schedule 12,page148, line 2, at end insert— “(3A) After subsection (5), insert— “(5A) For the purposes of subsection (5), the Secretary of State must by regulations define the meaning of “near”.” Member’s explanatory statement This amendment would require the Secretary of State to define “near” and set a maximum distance in relation to how far a Defendant should be required to travel to a court for their case to be heard.

Nick Thomas-Symonds Yasmin Qureshi Richard Burgon 34  Page 53,line17, leave out Clause 52. Public Bill Committee: 30 March 2017 3

Prisons and Courts Bill, continued NEW CLAUSES

Ms Harriet Harman Alison McGovern Naz Shah Rachel Reeves Anna Turley Liz Kendall

Stephen Doughty Dame Margaret Hodge Ann Coffey Yvette Cooper Jess Phillips Seema Malhotra Ms Karen Buck Catherine McKinnell Ms Holly Lynch Mary Creagh Fiona Mactaggart Stella Creasy Lilian Greenwood Ruth Cadbury Gloria De Piero Ruth Smeeth Melanie Onn Jo Stevens Diana Johnson Helen Hayes Dr Rosena Allin-Khan Angela Smith Valerie Vaz Caroline Lucas Tulip Siddiq NC1 To move the following Clause—

“Youth Justice and Criminal Evidence Act 1999: Amendment (1) Section 41 of the Youth Justice and Criminal Evidence Act 1999 (restriction on evidence or questions about complainant’s sexual history) is amended as follows. (2) In subsection (1), leave out “, except with the leave of the court”. (3) Leave out subsections (2) to (8).” Member’s explanatory statement This new clause would ensure that no evidence can be adduced and no questions may be asked in cross-examination by or on behalf of the accused about any sexual behaviour of a complainant.

Conor McGinn NC2 To move the following Clause—

“Parole Board: victims remains (1) The Secretary of State must by regulation make provision to ensure that any Parole Board will not consider applications from any individual who— (a) is serving a prison sentence for murder; and (b) withholds relevant knowledge in their possession for the purposes of facilitating the location and recovery of the remains of the victim. (2) In section (1) Parole Board has the same meaning as in The Parole Board Rules 2016.” Member’s explanatory statement This new clause restricts granting parole where the offender refuses to disclose the location of victim’s remains.

4 Public Bill Committee: 30 March 2017

Prisons and Courts Bill, continued Liz Saville Roberts Hywel Williams Jonathan Edwards NC3 To move the following Clause—

“Devolution of responsibility for prisons: Wales (1) Schedule 7A to the Government of Wales Act 2006 is amended as follows. (2) Leave out paragraph 175.” Member’s explanatory statement This new clause devolves responsibility for prisons and associated bodies to the Welsh Assembly.

Liz Saville Roberts Hywel Williams Jonathan Edwards NC4 To move the following Clause—

“Review of Community Rehabilitation Companies (1) The Secretary of State shall commission an annual review of the performance of Community Rehabilitation Companies in England and Wales. (2) The review under subsection (1) shall consider the reform and rehabilitation of offenders. (3) The Secretary of State may transfer the management of such a company to HM Prisons and Probation Service.” Member’s explanatory statement This new clause would compel the Secretary of State to undertake a review of Community Rehabilitation Companies and confer powers on the Secretary of State to move any failing Companies into the management of HM Prisons and Probation Service.

Holly Lynch Liz Saville Roberts NC5 To move the following Clause—

“Assaults on prison officers (1) Any person who assaults a prison officer in the execution of his duty, or a person assisting a prison officer in the execution of his duty, shall be guilty of an offence and liable— (a) on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a find or both. Public Bill Committee: 30 March 2017 5

Prisons and Courts Bill, continued (2) In this section “prison officer” has the same meaning as the Prison Act 1952.” Member’s explanatory statement This new clause would create an offence of assaulting a prison officer in the execution of his duty.

Holly Lynch Liz Saville Roberts NC6 To move the following Clause—

“Testing prisoner’s blood following assault (1) The Prison Act 1952 is amended as follows. (2) After section 16B insert— “Power to test prisoner’s blood (1) If an authorisation is in force for the prison, any prison officer may, at the prison, in accordance with prison rules, require any prisoner who is confined in the prison to provide a sample of blood for the purpose of investigating assaults including spitting and biting, carried out by the prisoner. (2) If the authorisation so provides, the power conferred by subsection (1) above shall include power— (a) to require a prisoner to provide a sample of urine, whether instead of or in addition to a sample of blood, and (b) to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of blood, a sample of urine or both. (3) In this section— “authorisation” means an authorisation by the governor; “intimate sample” has the same meaning as in Part V of the Police and Criminal Evidence Act 1984; “prison officer” includes a prisoner custody officer within the meaning of Part IV of the Criminal Justice Act 1991; “prison rules” means rules under section 47 of this Act” (4) A person commits an offence if that person fails to comply with requests to provide samples under subsection (2). (5) A person guilty of an offence falling within subsection (4) shall be liable on summary conviction to— (a) imprisonment for a period not exceeding 51 weeks, (b) a fine not exceeding level 5 on the standard scale, or 6 Public Bill Committee: 30 March 2017

Prisons and Courts Bill, continued (c) both.”” Member’s explanatory statement This new clause to the Prison Act 1952 gives prison officers the power to require a blood sample where the prisoner is accused of certain assaults.

Holly Lynch NC7 To move the following Clause—

“Compensation awards (1) Where a person is— (a) serving a prison sentence for a terrorist offence, and (b) is entitled to compensation due to injuries sustained in prison, the Secretary of State must apply to the Court to ensure any compensation awarded is held in a trust. (2) For the purposes of subsection (1) a “trust” is a fund that is managed by a person or group of people (trustees) on behalf of the individual and the individual is the beneficiary of the trust, but may not benefit while in prison.” Member’s explanatory statement This new clause requires the Secretary of State to apply to the Court in situations where compensation due to injuries sustained in prison is due to be paid to someone serving a sentence for a terrorist offence, in order for any monies to be held in a trust.

Richard Burgon Yasmin Qureshi Nick Thomas-Symonds Caroline Lucas NC8 To move the following Clause—

“Report on overcrowding in prisons The Secretary of State must prepare and publish an annual report on progress made towards eliminating the overcrowding of prisons and must lay a copy of the report before Parliament.” Member’s explanatory statement This new clause requires the Secretary of State to publish an annual report on progress towards eliminating overcrowding.

Public Bill Committee: 30 March 2017 7

Prisons and Courts Bill, continued Richard Burgon Yasmin Qureshi Nick Thomas-Symonds NC9 To move the following Clause—

“Response to annual report of the Independent Monitoring Board The Secretary of State must prepare and publish a response to the annual report of the independent monitoring board for any prison, not later than 90 days after the report has been received by the Secretary of State.” Member’s explanatory statement This new clause requires the Secretary of State to respond to IMBs’ annual reports within 90 days.

Richard Burgon Yasmin Qureshi Nick Thomas-Symonds NC10 To move the following Clause—

“Prisons: purpose and the role of legal assistance (1) The Secretary of State must bring forward regulations under section 15(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. (2) The regulations brought forward under subsection (1) must specify that the conditions set out in subsection (3) are prescribed conditions. (3) The conditions are that an individual must— (a) require advice and assistance regarding a sentence; (b) require advice and assistance regarding the individual’s treatment or discipline in a prison (other than in regard of actual or contemplated proceedings regarding personal injury, death or damage to property); (c) be the subject of proceedings before the Parole Board; or (d) require advice and assistance regarding representation in relation to a mandatory life sentence or other parole board review. (4) For the purposes of this section— “treatment” includes, but is not limited to— (a) eligibility for placement in a mother and baby unit; and (b) segregation and placement in a Close Supervision Centre. “discipline” includes, but is not limited to, disciplinary proceedings where no additional days may be awarded. “sentence” includes, but is not limited to— (a) categorisation; (b) resettlement and licence conditions; (c) sentence calculation and sentence progression; and (d) access to offending behaviour work. “prescribed conditions” are conditions prescribed for the purposes of section 15(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. 8 Public Bill Committee: 30 March 2017

Prisons and Courts Bill, continued “prison” includes a young offender institution, secure training centre or any place designated by the Secretary of State as a place for a person to be detained.”

Richard Burgon Yasmin Qureshi Nick Thomas-Symonds NC11 To move the following Clause—

“Annual review of prison conditions The Secretary of State shall commission an annual review of prison conditions and lay the report of the evaluation before each House of Parliament, the evaluation shall include, but not be limited to the following— (a) instances on which prison officers use force on prisoners; (b) injuries sustained by prisoners through the use of force by prison officers and the severity of injuries sustained; (c) prisoner deaths resulting from the use of force by prison officers; (d) instances of prisoner on prisoner assault ; (e) instances when prisoners self-harm; (f) self-harming prisoners; (g) prisoner suicides; (h) other non-natural deaths in custody; (i) deaths resulting from a lack of appropriate medical treatment; (j) injuries sustained by prisoner officers through contact with prisoners and the severity of injuries sustained; (k) instances of prisoner on prison officer assault.” Member’s explanatory statement This new clause ensures the Secretary of State reviews prison conditions with reference to known protected characteristics of prisoners under section 149(7) of the Equality Act.

Richard Arkless NC12 To move the following Clause—

“Private Prison Review (1) The Secretary of State must prepare and publish a review into the effectiveness of private prisons in comparison to public prisons. (2) The review must in particular include, but is not limited to— (a) prison to prison officer ratio, (b) re-incarceration rates, (c) costs per prison, (d) spend per prisoner, and Public Bill Committee: 30 March 2017 9

Prisons and Courts Bill, continued (e) deaths in detention. (3) The Secretary of State must publish this report within 12 months of this Act coming into force.” Member’s explanatory statement This new clause compares the effectiveness of public and private prisons.

Richard Arkless Nick Thomas-Symonds Yasmin Qureshi Richard Burgon Caroline Lucas NC13 To move the following Clause—

“Repeal of fees for Employment Tribunals and Employment Appeal Tribunals (1) The Tribunals, Courts and Enforcement Act 2007 is amended as follows. (2) After section 42(4)(b) insert— “(ba) is not an employment tribunal, and (c) is not an employment appeal tribunal.” (3) The Added Tribunals (Employment Tribunals and The Employment Appeal Tribunal) Order 2013 is revoked. (4) The Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 is revoked.” Member’s explanatory statement This new clause prevents Employment Tribunals and Employment Appeal Tribunals being categorised as “added tribunals” under section 42(1) of the Tribunals, Courts and Enforcement Act 2007, excluding them from the category of Tribunals for which the Lord Chancellor may prescribe fees. It also repeals the Added Tribunals (Employment Tribunals and the Employment Appeal Tribunal) Order 2013 and the Employment Appeal Tribunal Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 through which these fees were introduced.

Liz Saville Roberts Sir Edward Garnier Tim Loughton Mr Graham Allen Alison Thewliss Mr Alistair Carmichael

Tracy Brabin Hywel Williams Jonathan Edwards Ms Harriet Harman Caroline Lucas NC14 To move the following Clause—

“Restriction on evidence or questions about complainant’s sexual history (1) Section 41 of the Youth Justice and Criminal Evidence Act 1999 (restriction on evidence or questions about complainant’s sexual history) is amended as follows. 10 Public Bill Committee: 30 March 2017

Prisons and Courts Bill, continued (2) After subsection (1) there shall be inserted the following subsection— (3) A Court in making a determination in respect of subsection (1) may require that the cross examination of a complainant shall not involve any matter appertaining to their appearance, behaviour or their sexual history with any third parties regardless of the nature of the complainant’s alleged behaviour either before or subsequent to the current proceedings nor should such matters be admissible as evidence if the purpose is to undermine the credibility of the complainant unless it would be manifestly unjust to treat them as inadmissible.” Member’s explanatory statement This new clause would amend Section 41 of the Youth Justice and Criminal Evidence Act 1999 to ensure that victims of sexual offences do not face questions regarding their sexual history or appearance, unless it would be manifestly unjust to treat them as inadmissible.

Nick Thomas-Symonds Yasmin Qureshi Richard Burgon NC15  To move the following Clause—

“Review of expansion of availability of live links ( ) Within two years of this Act coming into force, the Secretary of State shall commission an independent evaluation of the expansion of availability of live links in— (a) criminal proceedings under section 32, and (b) other criminal hearings under section 33, and shall lay the report of the evaluation before each House of Parliament.” Member’s explanatory statement This new clause ensures the Secretary of State will undertake a review within two years of the Bill’s provisions to expand the availability of live links in criminal proceedings and other criminal hearings.

Ms Harriet Harman NC16  To move the following Clause—

“Youth Justice and Criminal Evidence Act 1999: Amendment (1) Section 41 of the Youth Justice and Criminal Evidence Act 1999 (restrictions on questions about complainant’s sexual history) is amended as follows. (2) In subsection (1)— (a) leave out “, except with the leave of the court”; (b) after “on behalf of” insert “the prosecution or”; (c) after “complainant” insert “with any person other than any accused at the trial”. (3) Leave out subsections (2) to (8).” Member’s explanatory statement This new clause would ensure that no evidence can be adduced and no questions may be asked in Public Bill Committee: 30 March 2017 11

Prisons and Courts Bill, continued cross-examination by or on behalf of the prosecution or accused about any sexual behaviour of the complainant, other than that with any of the accused at the trial of a sexual offence.

ORDER OF THE HOUSE [20 MARCH 2017] That the following provisions shall apply to the Prisons and Courts Bill:

Committal 1. The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee 2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 27 April 2017. 3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading 4. Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced. 5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day. 6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.

Other proceedings 7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.

ORDER OF THE COMMITTEE [28 MARCH 2017] That— (1) the Committee shall (in addition to its first meeting at 9.25am on Tuesday 28 March) meet— (a) at 2.00pm on Tuesday 28 March; (b) at 9.25am and 2.00pm on Wednesday 29 March; (c) at 4.30pm and 7.30pm on Tuesday 18 April; (d) at 11.30am and 2.00pm on Thursday 20 April; (e) at 9.25am and 2.00pm on Tuesday 25 April; (f) at 11.30am and 2.00pm on Thursday 27 April; (2) the Committee shall hear oral evidence on Tuesday 28 March in accordance with the following Table: 12 Public Bill Committee: 30 March 2017

Prisons and Courts Bill, continued TABLE

Time Witness

Until no later than 11.00am Prison Officers Association; Her Majesty’s Inspectorate of Prisons; Prisons & Probation Ombudsman; Royal Society for the Encouragement of Arts, Manufactures and Commerce Until no later than 3.15pm Legal Aid Practitioners Association; Professor Richard Susskind OBE; The Law Society; Women’s Aid; Transform Justice Until no later than 4.30pm Association of British Insurers; Association of Personal Injury Lawyers; Aviva

(3) proceedings on consideration of the Bill in Committee shall be taken in the following order: Clauses 1 to 4; Schedule 1; Clauses 5 to 21; Schedule 2; Clauses 22 to 30; Schedule 3; Clauses 31 and 32; Schedule 4; Clause 33; Schedule 5; Clause 34; Schedule 6; Clauses 35 and 36; Schedule 7; Clause 37; Schedule 8; Clauses 38 to 44; Schedule 9; Clauses 45 to 49; Schedule 10; Clause 50; Schedule 11; Clause 51; Schedule 12; Clauses 52 to 54; Schedule 13; Clause 55; Schedule 14; Clause 56; Schedule 15; Clauses 57 to 72; new Clauses; new Schedules; remaining proceedings on the Bill; (4) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 5.00pm on Thursday 27 April.