Clause 32
Criminal Justice and Immigration Bill
8:15 pm
Maria Eagle (Parliamentary Under-Secretary, Ministry of Justice; Liverpool, Garston, Labour)
Amendment No. 150 would require the commissioner to notify the complainant in writing if a complaint was rejected or a complaint investigation was deferred, stopped or reopened. Amendment No. 151 would only permit such notification to be made orally to persons other than the complainant. Amendment No. 152 would prevent the commissioner from making a report of a complaint investigation orally.
The hon. and learned Gentleman has set out his reasons for tabling the amendments. We consider that flexibility regarding the form of the report is needed, and we want discretion to be with the commissioner. He needs to be able to maximise his efficiency and the effectiveness of his responses by tailoring them to the needs of recipients and the circumstances of each case. We expect that in the majority of cases, as the hon. and learned Gentleman ended by saying, written notifications and reports will be the norm, but in some circumstances it may well be appropriate for the commissioner to relay such information orally.
For example, it is possible that some complaints relating to minor or straightforward matters could be resolved by a few brief telephone conversations between the complainant, the commissioner and the prison. In such circumstances, it might be unduly bureaucratic—the hon. and learned Gentleman is rarely accused of wanting that—and burdensome for the commissioner to have to produce a full written report.
We believe that the commissioner is best placed to make judgments and decisions about whether it would be appropriate for such reports or notifications to be made orally, based on the needs of each complainant and the circumstances of each case. However, we expect that the commissioner will produce and publish detailed guidance about the procedures for dealing with complaints, complainants and the bodies against whom the complaints are made. He should set out more fully his views in the guidance. I agree with the hon. and learned Gentleman that the majority of substantive complaints will have written responses or reports. I hope that, on the basis of my explanation, he will be persuaded to withdraw the amendment.