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Criminal Justice Bill - Sitting 9

18 January 2024

Proposing MP
Livingston
Type
Public Bill Committee

At a Glance

Issue Summary

Hannah Bardell is discussing Clause 25 and Amendment 64 related to transferring prisoners to foreign prisons. The MP is discussing the Criminal Justice Bill and its provisions for transferring prisoners abroad. The MP discusses concerns regarding transferring UK prisoners abroad under the Criminal Justice Bill and expresses worries about family access, legal rights, costs, and criteria for prisoner transfer. The statement discusses compliance with the European Convention on Human Rights and the impact of foreign national prisoners in UK prisons. The MP discusses concerns about the Criminal Justice Bill, particularly regarding the treatment of victims of human trafficking in prisons. Hannah Bardell is clarifying parliamentary procedures and confirming that a Minister can respond multiple times during debates. Hannah Bardell is discussing amendments related to oversight and reporting requirements for prisoners transferred to foreign prisons. Alex Cunningham discusses concerns about the Criminal Justice Bill's provisions for transferring UK prisoners to foreign prisons. The statement discusses the Criminal Justice Bill's clause 28, which addresses oversight arrangements for rented prison spaces and ensures the human rights of prisoners. The statement discusses the government's plans for prisoner transfers and the delegation of powers to make future legislative amendments based on potential prison rental agreements. The statement addresses the scheduling and timing of a Committee session regarding the Criminal Justice Bill.

Action Requested

Amendment 64 proposes exclusions on types of prisoners who could be transferred to foreign countries, including those with less than six months left in their sentence, indeterminate sentence prisoners, and those needing training or legal proceedings in the UK. Bardell is also addressing Clauses 25-27 which deal with the transfer of prisoners to rented prison spaces overseas.

Key Facts

  • Amendment 64 introduces exclusions for prisoners who have less than 180 days left to serve.
  • It excludes those serving indeterminate sentences of imprisonment or detention for public protection.
  • The amendment also covers prisoners needing specific training or legal proceedings in the UK.
  • The Bill facilitates the transfer of prisoners from England and Wales to foreign jurisdictions.
  • Justice charity raised concerns about previous similar arrangements between Belgium-Norway and Netherlands not being overwhelmingly successful.
  • Estonia has been mentioned as a potential partner country, with logistical challenges for family visits.
  • Amendment 64 aims to exclude certain types of prisoners from being transferred abroad, including women and those serving less than 180 days.
  • The policy is expected to cost around £200 million initially and about £24 million annually based on an estimate of 600 prisoners being held abroad.
  • The government plans to transfer 600 prisoners abroad at an annual cost of £24 million.
  • As of September 2023, there are 16,200 people on remand in prisons in England and Wales.
  • Exploratory conversations for prisoner transfers have only been with European countries bound by the ECHR.
  • Over 16,000 foreign national offenders were removed from the UK between January 2019 and September 2023.
  • In the last 12 months alone, the returns rate increased by 20% compared to the previous year.
  • The early removal scheme allows for FNOs to be removed up to 18 months before the end of their sentences.
  • The MP mentions a case involving a victim of human trafficking who was threatened with deportation despite being recognized by the Home Office as a trafficking victim.
  • In the Rochdale case, a young girl was criminalized due to sexual abuse patterns.
  • The MP references the high number of people in prison identified as victims of modern slavery compared to those convicted for trafficking.
  • Hannah Bardell clarifies that a Minister can go back and forth multiple times during debates.
  • Amendment 65 would require reports on breaches of UK-foreign country arrangements.
  • Amendment 66 ensures the prisons inspectorate must conduct specified duties.
  • Amendment 67 expands inspection powers to include escort arrangements under which prisoners are transferred.
  • Amendment 68 clarifies coroner's responsibilities for deaths involving prisoners in foreign custody.
  • Amendment 65 would require reporting any breaches of arrangements between foreign countries and UK.
  • The Government's policy could cost £24.4 million per year to house 600 prisoners abroad.
  • HMIP’s role must align with OPCAT standards for independent detention monitoring.
  • Clause 28 establishes a duty on the Secretary of State to appoint a controller for rented prison spaces.
  • The UK-appointed controller will report to the Secretary of State on the running of a rented prison overseas.
  • Any future treaty establishing rental arrangements would be subject to ratification by Parliament according to the Constitutional Reform and Governance Act 2010.
  • Clause 29 creates a delegated power for future legislative amendments related to prison rental agreements.
  • Formal negotiations have not yet commenced, but exploratory talks are underway with potential partner countries.
  • Parliament will scrutinise any proposed use of the delegated power via the affirmative procedure.
  • The Committee was scheduled to run until 1.30 pm.
  • The session reached a significant point at around 1 o'clock.
  • The Government Whip moved for the adjournment of further consideration.
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