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Correctional Service Bill 2009

PARLIAMENT OF NAURU

CORRECTIONAL SERVICE BILL 2009

SECOND READING SPEECH

Honourable Mathew Batsiua,
Minister Responsible For Justice

18 August 2009

Mr. Speaker,

This is a Bill for an Act to regulate the establishment and administration of the Correctional Service and I commend the Bill to the House.

The Bill is accompanied by a detailed Explanatory Memorandum which contains notes on each of the clauses in the Bill.

Currently, the management of prisoners is governed by the Nauru Gaol and Prison Ordinance 1921 and the Gaol and Prison Rules 1921. These laws are seriously outdated, and it is now time to introduce a new and updated law that ensures that all prisoners are managed in a safe, secure, humane and effective way. This Bill would repeal the 1921 Ordinance and Rules, as well as the Suspension of Sentences Ordinance 1921, and would replace them with a new law establishing a modern Correctional Service.

The modern approach to corrections is to manage the custody of prisoners by a department that is separate from the police.

The separation of the Correctional Service from the Police Force brings Nauru in line with the modern approach to corrections. That is, to manage the custody of prisoners by a department separate from the government department that is responsible for putting the prisoners in prison. As members are aware, the Nauru Police Force and Prison services were officially separated at a ceremony held on 11 March 2009. This Bill would expressly affirm that the Correctional Service falls within the responsibilities of the Ministry of Justice, and would make detailed provision for the administration of the Correctional Service and the management of prisoners. The Bill would also bring to an end the temporary arrangement that has subsisted since the 11th of March whereby prison officers were made reserve officers of the Nauru Police Force, by creating the position of correctional officers within the new Correctional Service.

Mr. Speaker, one of the benefits of establishing a Correctional Service separate from the Police Force is that the correctional officers are thoroughly trained in relation to the effective management of prisoners in a safe, secure, humane and effective way. Such officers are able to ensure that prisoners pay their dues to society as imposed by the courts, whilst also being given the opportunity to reform.

The purpose of this Bill is to:

• provide for the establishment, maintenance and operation of the Correctional Service based on internationally accepted standards for the fair and humane treatment of prisoners consistent with the law and cultural values of Nauru;
  
• assist, as far as is reasonably practicable, the rehabilitation of prisoners and their integration back into the community;
  
• ensure that terms of imprisonment are administered in a fair and effective manner; and
  
• maintain the safety of the community, prisoners and officers and promote public confidence in the Correctional Service.
  

Mr. Speaker, as I have said, Members have before them the Explanatory Memorandum which explains the provisions of the Bill in detail, so it is unnecessary for me to repeat all of that detail here, but I would just like to refer briefly to some of the key provisions of the Bill.

Clause 7 provides that the Chief Secretary shall, in consultation with the Minister, appoint a Chief Correctional Officer as the head of the Correctional Service. The Bill specifies the functions and responsibilities of that position.

Clause 11 provides that all correctional officers shall:

• exercise the powers and duties conferred under the Bill;
  
• obey all lawful directions which are given by a senior correctional officer; and
  
• carry out their duty with proper care and diligence and with due respect for the rights of prisoners.
  

Part IV of the Bill provides for inspections of a correctional centre by judges, the Resident Magistrate, the Ombudsman (subject to Parliament making provision for an Ombudsman) and persons approved in writing by the Minister or the Ombudsman.

Part V specifies the law in relation to the admission and management of prisoners, including the classification, obligations and rights of prisoners.

Part VII specifies the law in relation to correctional centre offences committed by prisoners, including how hearings into such offences are to be conducted and the limitations that apply to any penalties that are imposed.

Part X specifies the law in relation to the discharge of prisoners, including the remission of a sentence and review of a sentence for health reasons. Clause 46 provides that except for a prisoner sentenced to life imprisonment, prisoners may through good conduct earn remission of up to one-third of the sentence for any term of imprisonment exceeding one month. Any remission earned may be forfeited if a prisoner commits a correctional centre offence.

Part XI specifies the following offences: harbouring of a prisoner; unlawful possession of property of the Correctional Service; prohibited article offences; failure to leave a correctional centre, disorderly manner in a correctional centre and resisting or obstructing a correctional officer.

Clause 55 provides that the Cabinet may make regulations in relation to all matters that are required or permitted under this Bill or are necessary, or convenient to be prescribed, for giving effect to the purpose of this Bill.

Mr. Speaker, this Bill will ensure that all prisoners will be managed in a safe, secure, humane and effective way. I once again commend this Bill to the House.

Thank-you Mr. Speaker.