New Schedule 6

Criminal Justice and Immigration Bill – in a Public Bill Committee am 6:30 pm ar 29 Tachwedd 2007.

Danfonwch hysbysiad imi am ddadleuon fel hyn

‘The Northern Ireland Commissioner for Prison Complaints

Appointment and removal from office

1 Her Majesty may appoint a person to be the Commissioner.

2 (1) A person appointed as Commissioner shall hold office for such term, not exceeding five years, as may be specified in the terms of appointment.

(2) At the end of that term the person concerned is eligible for re-appointment for a further period not exceeding five years.

(3) A person may not be re-appointed for a third consecutive term unless, by reason of special conditions, such re-appointment is desirable in the public interest.

3 (1) The Commissioner may be relieved of office by Her Majesty at the Commissioner’s own request or removed from office by Her Majesty in consequence of Addresses from both Houses of Parliament.

(2) Her Majesty may declare the office of Commissioner to have been vacated if satisfied that the person appointed is incapable for medical reasons of performing the functions of that office.

Remuneration, pensions and other benefits

4 The Secretary of State shall pay the Commissioner such remuneration and such travelling and other allowances as the Secretary of State may determine.

5 The Secretary of State shall pay to or in respect of a person who holds or has held office as Commissioner such pension, allowances or gratuities as the Secretary of State may determine.

Appointment of acting Commissioner

6 (1) Where the office of Commissioner becomes vacant, the Secretary of State may appoint a person as acting Commissioner.

(2) The power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with the day on which the vacancy arose.

7 (1) Any person holding office as acting Commissioner shall cease to hold that office—

(a) on the appointment of a new Commissioner; or

(b) at the end of the period of two years beginning with the day on which the vacancy arose.

(2) Otherwise, a person appointed as acting Commissioner holds office in accordance with the terms of appointment.

8 A person holding office as acting Commissioner is to be treated for all purposes (apart from those of paragraphs 1 to 7) as the Commissioner.

The Commissioner’s staff

9 The Commissioner’s staff shall be provided by (or in pursuance of arrangements made by) the Secretary of State.

Delegation of functions

10 (1) Any function of the Commissioner may be performed on behalf of the Commissioner by an authorised member of staff (but only to the extent that the person concerned is authorised to do so).

(2) In sub-paragraph (1) “authorised member of staff” means a member of the Commissioner’s staff who is authorised by the Commissioner to exercise that function.


11 (1) The Commissioner may obtain advice to assist in the performance of any of the Commissioner’s functions from any person who appears to the Commissioner to be qualified to give it.

(2) The Commissioner may pay fees or allowances to any person in relation to the provision of advice under this paragraph.

Annual and other reports

12 (1) The Commissioner—

(a) shall publish a general report on the performance of the Commissioner’s functions during each year (an “annual report”);

(b) may publish other reports with respect to those functions.

(2) An annual report must be published as soon as may be practicable after the end of the year to which it relates.

(3) The Commissioner shall send a copy of each report under this paragraph to the Secretary of State.

(4) The Secretary of State shall lay before Parliament—

(a) a copy of each annual report,

(b) a copy of any other report under this paragraph which is sent with a request for it to be so laid,

and shall do so as soon as practicable after receiving a copy of the report concerned.’.—[Mr. Coaker.]

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