Swain Paul: Corrections Bill — Second Reading 
Swain Paul: Corrections Bill — Second Reading 
[Volume:616;Page:12507] 
Hon PAUL SWAIN (Minister of Corrections) 
: 
 I move  
That the Corrections Bill be now read a second time 
. This measure is a major reform of the law governing the operation of the corrections system. It will replace the Penal Institutions Act and parts of the Criminal Justice Act and require the replacement of the Penal Institutions Regulations 2000. This reform is needed so that the legislation reflects modern conditions and approaches to the management of offenders. It is compatible with the Government’s criminal justice reforms—the Sentencing Act the Parole Act and the Victims’ Rights Act—particularly in emphasising the central importance of public safety and it is clear and easy to implement. The Corrections Bill is the outcome of a lengthy policy development process involving a substantial public consultation exercise including consultation with Maori. While the bill carries forward much of the current legislation it also incorporates a number of policy changes. 
For the first time there is a legislative statement on the purpose and guiding principles of the corrections system clearly indicating that improving public safety is of paramount importance. The bill implements long-established Government policy by ending private contracting for the management of prisons. The Department of Corrections will be required to devise individual management plans for prisoners and within the resources available to provide programmes for the rehabilitation of prisoners and their reintegration into society. The bill ensures that prisoners’ minimum entitlements are consistent with the United Nations Standard Minimum Rules for the Treatment of Prisoners—for example by providing for access to news library services and education. I am pleased to say that the bill provides for a fair complaints resolution system and expands the role of inspectors to cover offenders on community-based sentences and orders as well as prisoners. The ability to detect drugs and other unauthorised items will be improved notably by the provision of a more effective searching procedure to be used where it is reasonably believed that a prisoner is concealing contraband. Finally the bill improves the prison disciplinary offence regime by including provisions for legal representation in certain areas having a single set of clearly specified offences instead of the current two-tier system and providing for the appointment of legally qualified visiting justices. 
The bill was referred to the Law and Order Committee last April. A total of 41 submissions from a wide variety of people and organisations was considered. However the committee was unable to reach agreement on whether the bill should be passed and therefore reported it back to the House without amendment. I would like to thank the committee for its careful consideration of the legislation. The most contentious matter in the bill and the apparent reason that the committee was unable to reach agreement on its passage is the ending of private prison contracting. I would reiterate that the Government’s position on that matter is based on an important principle. The management of prisons involves the exercise of some of the State’s most highly coercive powers against individuals. There needs to be a direct accountability for the exercise of such powers and that can best be achieved through a Government department directly accountable to a responsible Minister. 
 The Law and Order Committee considered some additional policy proposals which were approved by Cabinet for inclusion in the bill. In order to improve public safety it is proposed to enhance provisions for information sharing between the Department of Corrections and the New Zealand Police. For example information will be shared on released offenders considered to be of the highest risk in relation to public safety. An information-matching programme between the Department of Corrections and the New Zealand Immigration Service is also necessary to assist in exercising the powers conferred by the Immigration Act. Cabinet agreed that intentionally obstructing injuring or interfering with a prison drug-detection dog should be an offence. Finally it was recognised that temporary prisons may need to be established in the event of a civil emergency. In addition the committee was not persuaded that Justices of the Peace should be disqualified from appointment as visiting justices and formed the view that there should continue to be provision for the appointment of appropriately qualified Justices of the Peace to that role. It is my intention at the Committee stage to move a Supplementary Order Paper that will include those matters. It will also contain a substantial number of technical amendments that are needed to improve the quality and clarity of the legislation and to make some minor policy changes. 
Following the report back of the bill by the Law and Order Committee I have given further consideration to the content of the bill including having helpful discussions with both the Progressives and the Green Party. I want to take particular note of the work of Matt Robson former Minister of Corrections and the discussions we have had around some of these matters and also of Nandor Tanczos who is the Greens’ spokesperson on corrections. I found the discussions we had as we progressed through that process extremely constructive and helpful. As a result of the process I have identified some additional amendments that are desirable and those amendments will also be included in the Supplementary Order Paper. 
The bill should include a reference to the United Nations Standard Minimum Rules for the Treatment of Prisoners. To enhance the transparency of the corrections system it is appropriate that the annual report of the Department of Corrections include a report on the activities of inspectors of corrections. I propose that there be provision for the chief executive and prison managers to obtain advice from affected communities in relation to the development of corrections services policies and practices. A decision to segregate a prisoner for security reasons or to protect the safety of others involves significant additional restrictions. It is therefore appropriate that such decisions be reviewed at least monthly rather than every 3 months and that any extension beyond 3 months be approved by a visiting justice. Similarly detention in a police jail rather than in a prison can mean a loss of certain minimum entitlements and it is therefore appropriate that the chief executive may order only one 14-day extension of the period of detention in a police jail and that any further extensions be authorised by a visiting justice. 
I consider the Corrections Bill to be an essential element in the Government’s package of criminal justice reforms and that it will make a significant contribution to the improvement of public safety. Accordingly I seek the House’s support for its second reading.