Offender Management Bill

I am grateful to the noble Baroness for tabling these amendments and I hope that, on hearing my response, she will recognise that we have tried to be as helpful as we can. The purpose of Clause 19, as was explained in part earlier, is to update and refine existing offences of conveying illicit items into or out of prisons. This clause offers greater clarity in describing the three bands of lists. Clause 20 creates new offences such as that of taking a photograph or making a sound recording within a prison, or transmitting images or sounds from a prison without authorisation. We are introducing these new offences to keep pace with technology. Also, pictures taken within prisons can compromise security and potentially aid escape. I am sure that we are all concerned about that. Images of prison keys, locks and other security equipment or recordings of conversations could, if they entered the public domain, pose a threat to the secure custody of prisoners. Under Clauses 19 and 20, offences are not committed when authorisation has been granted. We recognise that there will be times when both prison staff and those from external agencies may need to take articles that are otherwise prohibited into or out of prisons to carry out essential duties. The Bill provides for authorisations to be granted in those circumstances. That is why the regime is described in a certain way. Amendment No. 109, tabled by the noble Baroness, Lady Anelay, and supported by the noble Lord, Lord Ramsbotham, is intended to add to the ways in which persons can be granted authorisations in relation to prohibited items in list A. List A items are the most serious category and include controlled drugs, explosives and firearms. As the Bill is drafted, only the Secretary of State can grant authorisations in relation to all prisons or prisons of a specific nature, whereas any authorisation can be granted by the Secretary of State or by prison rules in respect of list B and C items. The amendment seeks to also allow authorisations for list A items to be granted by prison rules. We envisage that the prison rules will be used for granting authorisations in more routine circumstances. When we first drafted this clause we did not consider that there were any routine circumstances in which there might be a need for authorisations for list A articles. However, on reflection, that could be useful and we can envisage use for articles such as controlled drugs for medical prescription, ambulance teams attending an emergency, controlled drugs and explosive substances for training purposes, or for operational emergency teams that may sometimes be deployed in prisons to assist in order and control. We are content to consider the amendment further with a view to returning to your Lordships’ House on Report with something that fits the bill, as it were. In Amendments Nos. 110 and 111, the noble Baroness, Lady Anelay, seeks to require the Secretary of State to lay before both Houses a statement setting out the circumstances in which authorisation may be given by the Secretary of State. These amendments are unnecessary and inappropriate. In the vast majority of cases, we will be able to anticipate well in advance the need to grant an authorisation that can readily be achieved under the prison rules, which are already subject to negative procedure. This will give Members of both Houses the opportunity to comment, where appropriate, on the circumstances of such authorisations. I anticipate that any authorisation granted by the Secretary of State will be in extremis, and that the power will not be used lightly. It is intended to address operational emergencies such as a serious riot, a severe terrorist incident or the outbreak of a national pandemic, which could require large-scale medical or police deployment. Highly sensitive issues might be involved and time could be at a premium. In such circumstances, it clearly would not be desirable or perhaps possible to seek affirmation from Parliament prior to granting the authorisation. The need to operate without delay could be critical and relate to life-threatening circumstances. I hope that the noble Baroness, having heard that, will feel that her points, questions and concerns have been answered. I am sure that the noble Lord, Lord Ramsbotham, will want to bear those comments in mind as well. I am happy to table an amendment to satisfy the purpose of Amendment No. 109, but the other two amendments are not at all helpful.