Criminal Justice and Immigration Bill – in a Public Bill Committee am 5:30 pm ar 29 Tachwedd 2007.
Northern Ireland Commissioner for Prison Complaints: eligible complaints: general
‘(1) A complaint is eligible for the purposes of this Part if—
(a) it is about a matter within the complaints remit;
(b) the matter relates to events which occurred on or after 2 May 2005;
(c) it is not ineligible by virtue of section (Northern Ireland Commissioner for Prison Complaints: eligible complaints: specific requirements applicable to all complaints); and
(d) it is made to the Commissioner by a person entitled to make it.
(2) A matter is within the complaints remit if it is of a description specified in Part 1 of Schedule (The Northern Ireland Commissioner for Prison Complaints: complaints remit) and is not an excluded matter.
(3) In subsection (2) “excluded matter” means—
(a) a matter specified under subsection (4);
(b) a matter to which subsection (5) applies; or
(c) a health care matter (see subsection (7)).
(4) The Secretary of State may by order specify matters that are to be excluded matters for the purposes of subsection (2).
The matters so specified may (without prejudice to the generality of the power) include complaints relating to events occurring at any description of applicable premises specified in the order.
(5) This subsection applies to any matter which has been determined—
(a) by a court (whether at a trial or otherwise);
(b) by a tribunal specified in Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53);
(c) by the Secretary of State or the Life Sentence Review Commissioners under the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I.2));
(d) by the Secretary of State or the Sentence Review Commissioners under the Northern Ireland (Sentences) Act 1998 (c. 35);
(e) by the Secretary of State under the Northern Ireland (Remission of Sentences) Act 1995 (c. 47).
(6) Nothing in subsection (5) affects the eligibility of a complaint about the conduct of a person in connection with the provision of a report for—
(a) a court or tribunal, or
(b) the Secretary of State, the Life Sentence Review Commissioners or the Sentence Review Commissioners in connection with their functions under any enactment mentioned in subsection (5)(c) to (e).
(7) A health care matter is a matter relating to—
(a) action taken in relation to general health services by a person mentioned in Article 8(3)(a) to (d) of the Commissioner for Complaints (Northern Ireland) Order 1996 (S.I. 1996/1297 (N.I.7)), or
(b) action taken in relation to a service provided under arrangements with a health and social services body or a general health services provider by a person mentioned in Article 8A(3)(a) to (d) of that Order.
(8) In subsection (7), “action”, “general health services”, “general health services provider” and “health and social services body” have the same meaning as in that Order.
(9) It is for the Commissioner to determine procedures for the making of complaints (but they must not preclude the making of oral complaints).
(10) A person is entitled to make a complaint if that person—
(a) is the relevant person in relation to the complaint; or
(b) where the relevant person is dead or unable to act, appears to the Commissioner to be an appropriate person to make the complaint.
(11) In this Part, “the relevant person”, in relation to a complaint about a matter within the complaints remit, is the person mentioned in the relevant paragraph of Schedule (The Northern Ireland Commissioner for Prison Complaints: complaints remit) as having been affected by that matter.
(12) For the purpose of determining whether a part of a complaint is eligible for the purposes of this Part, any reference in this section (apart from subsection (9)) to a complaint may be read as including a reference to a part of a complaint.’.—[Maria Eagle.]