After section 34C of the Prison Act (Northern Ireland) 1953 insert—

(1) A person is guilty of an offence if—

(a) without authorisation the person takes a photograph, or makes a sound-recording, of a prison worker while the prison worker is on prison land, and

(b) the person intends the photograph or sound-recording to record a prison worker on prison land.

(2) It is immaterial for the purposes of subsection (1) where the recording medium is located.

(3) In proceedings for an offence under this section it is a defence for the accused to show that—

(a) the accused reasonably believed that they had authorisation to do the act in respect of which the proceedings are brought, or

(b) in all the circumstances there was an overriding public interest which justified the doing of that act.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(1) A person is guilty of an offence if—

(a) without authorisation, the person uploads a photograph to an internet service, and

(b) the photograph—

(i) was taken inside a prison,

(ii) is of the inside of a prison, or

(iii) records a prison worker on prison land.

(2) A person is guilty of an offence if—

(a) without authorisation, the person uploads a sound-recording to an internet service, and

(b) the sound-recording—

(i) was made inside a prison, or

(ii) records a prison worker on prison land.

(3) Subsection (1A) of section 34C (photograph or sound recording of a transmission from a prison) applies for the purposes of subsections (1)(b)(i) and (2)(b)(i) of this section as it applies for the purposes of subsection (1)(a) of that section.

(4) In proceedings for an offence under this section, it is a defence for the accused to show that—

(a) the accused did not know and had no reasonable cause to believe—

(i) in a case within subsection (1)(b)(i) or (2)(b)(i), that the photograph was taken or the sound-recording was made inside a prison;

(ii) in a case within subsection (1)(b)(ii), that the photograph was of the inside of a prison;

(iii) in a case within subsection (1)(b)(iii) or (2)(b)(ii), that the photograph or sound-recording recorded a prison worker on prison land,

(b) the accused reasonably believed that they had authorisation to do the act in respect of which the proceedings are brought, or

(c) in all the circumstances there was an overriding public interest which justified the doing of that act.

(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6) In this section ‘internet service’ has the meaning given by section 228 of the Online Safety Act 2023.

In sections 34D and 34E—

‘authorisation’ means authorisation given for the purposes of the section in question and subsections (6) to (8) of section 34C apply in relation to authorisations so given as they apply to authorisations given for the purposes of that section;

‘photograph’ has the meaning given by section 34C(11);

‘prison land’ means —

(a) land vested in the Department for a purpose connected with the provision, running or management of a prison, and

(b) other land in which the Department has an interest, or which is occupied by the Department, for a purpose connected with the provision, running or management of a prison;

‘prison worker’ means any of the following—

(a) a prison officer;

(b) any other person who (whether as a servant or agent of the Crown or otherwise)—

(i) works in a prison, or

(ii) visits, or attends at, a prison for the purpose of the person’s work (including voluntary work);

‘sound-recording’ has the meaning given by section 34C(11).”—(Katherine Fletcher.)

This new clause amends the Prisons Act (Northern Ireland) 1953 to create new offences of taking a photograph, or making a sound-recording, of a prison worker on prison land and uploading content relating to prisons to a internet service.

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

Question proposed, That the Chair do report the Bill, as amended, to the House.

I thank the members of the Committee for their valuable time today. I particularly want to thank the officials of the Ministry of Justice, the House of Commons Committee Clerks, the Hansard team and the Scottish Parliament and Northern Ireland Assembly officials. Mostly, I want to thank the people who work in HMP Garth and HMP Wymott, and prison officers across the country, for doing what can at times be a difficult job. I hope they will welcome these provisions, which will ensure their further protection at work, tackle harmful prison media, reduce distress for victims, and prevent crime in prisons and the community. I urge colleagues from across the House and in the other place to support the Bill.

I put on record my gratitude to my hon. Friend for her Bill; to right hon. and hon. Members on this Committee; to you, Sir Robert; to the Clerk, who has helped steer the Bill smoothly through its passage thus far; to those who work in our Prison and Probation Service; and to the officials in my Department, who worked closely with my hon. Friend on this Bill and have all done a fantastic job. Although it is slightly invidious to do this, I want to put on the record my gratitude, as part of that team, to Iona, my former Private Secretary, who is now helping to deal with this legislation. It is rare that one gets the opportunity to thank one’s private office.

Question put and agreed to.

Bill, as amended, accordingly to be reported.

Committee rose.