Transitional provision: the Prisoner Ombudsman for Northern Ireland

‘(1) The Prisoner Ombudsman for Northern Ireland (“the Ombudsman”) has no power to act in relation to—

(a) any complaint made after commencement (whether or not it relates to events which occurred before or on or after 2 May 2005);

(b) any death or other matter occurring after commencement;

(c) any matter referred by the Secretary of State after commencement.

(2) The Ombudsman shall continue to act (under the applicable terms of reference) in relation to—

(a) any complaint made before commencement (“an existing complaint”),

(b) any death occurring before commencement (“an existing death investigation”), and

(c) any other matter referred to the Commissioner by the Secretary of State before commencement (“an existing referral investigation”),

unless the complaint, death or matter is treated by the Commissioner as one to be dealt with under this Part by virtue of subsection (4).

(3) The Ombudsman may re-open a completed investigation into any death or other matter referred by the Secretary of State (unless it has previously been re-opened under section (Northern Ireland Commissioner for Prison Complaints: investigations of death) or (Northern Ireland Commissioner for Prison Complaints: investigations requested by the Secretary of State) by the Commissioner).

(4) The Commissioner may treat—

(a) an existing complaint (so far as relating to matters within the complaints remit) as an eligible complaint (whether or not it relates to events which occurred before or on or after 2 May 2005);

(b) an existing death investigation (if it relates to a death that would fall within the deaths remit if it occurred after the commencement of this section) as an investigation under section (Northern Ireland Commissioner for Prison Complaints: investigations of death);

(c) an existing referral investigation (so far as relating to matters that could be the subject of a request under section (Northern Ireland Commissioner for Prison Complaints: investigtions requested by the Secretary of State)) as an investigation under section (Northern Ireland Commissioner for Prison Complaints: investigations requested by the Secretary of State).

(5) For the purposes of any complaint, death or matter which is to any extent dealt with under this Part by virtue of subsection (4), things done by or in relation to the Ombudsman shall be treated as having been done by or in relation to the Commissioner.

(6) In this section “commencement’ means the commencement of this section.’.—[Maria Eagle.]

Brought up, read the First and Second time, and added to the Bill.