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Public Bill Committee Prisons and Courts Bill 1 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PRISONS AND COURTS BILL NOTE This document includes all amendments remaining before the Committee and includes any withdrawn amendments at the end.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 Angela Eagle Holly Lynch Mary Creagh Fiona Mactaggart Stella Creasy Lilian Greenwood Ruth Cadbury Lucy Powell Lisa Nandy Gloria De Piero Ruth Smeeth Melanie Onn Jo Stevens Diana Johnson Helen Hayes Dr Rosena Allin-Khan Kate Green Angela Smith Rushanara Ali 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.
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