Committee for Home Affairs - P.2016/44
The States are asked to decide:-
Whether they are of the opinion to approve the draft Ordinance entitled "The Prison (Guernsey) (Amendment) Ordinance, 2016", and to direct that the same shall have effect as an Ordinance of the States.
This proposition has been submitted to Her Majesty's Procureur for advice on any legal or constitutional implications in accordance with Rule 4(1) of the Rules of Procedure of the States of Deliberation and their Committees.
EXPLANATORY MEMORANDUM
This Ordinance amends the Prison (Guernsey) Ordinance, 2013 ("the principal Ordinance").
Clause 2 of the Ordinance substitutes subsection (1) of section 17 of the principal Ordinance with a new subsection (1) that provides for the Committee for Home Affairs ("the Committee") to appoint members of the Independent Monitoring Panel ("the Panel"), subject to confirmation by the States of Deliberation.
Clauses 3(a) and (b) of the Ordinance amend paragraph 1 of Schedule 3 to the principal Ordinance to reflect this new method of appointing members of the Panel. Clause 3(c) omits paragraph 1(6)(b) of Schedule 3, which previously prevented any employee of the States from being appointed a Panel member.
Clause 3(d) inserts new subparagraphs (7) and (8) at the end of paragraph 1 of Schedule 3 to the principal Ordinance. The new subparagraph (7) provides that an appointment by the Committee lapses at the end of the calendar year in which the appointment is made, unless confirmed by the States of Deliberation. The new subparagraph (8) provides that if the States of Deliberation repudiates an appointment to the Panel at any time, the appointment terminates immediately.
Clause 4 of the Ordinance is the interpretation clause. Clause 5 of the Ordinance saves existing appointments of the Chairman and other members of the Panel. Clauses 6 and 7 are the citation and commencement clauses respectively.
The Ordinance will come into force on the 3rd November, 2016.
