Article 28 Insertion of new rules 62A, 62B, 62C and 62D into the principal Rules

After rule 62 there shall be inserted the following new rules:–

“Visits by Members of Parliament

62A

(1)

A prisoner shall be entitled to receive a visit from a member of Parliament or a representative of the European Parliament.

(2)

A visit to a prisoner by a member of Parliament or a representative of the European Parliament may take place in such area of the prison and under such conditions as the Governor may specify except that such a visit shall take place–

(a)

within the sight of an officer; but

(b)

outwith the hearing of any officer unless the member of Parliament, representative of the European Parliament or prisoner requests otherwise or the Governor so requires for reasons of security.

(3)

A member of Parliament or a representative of the European Parliament with the prisoner’s consent may use sound recording equipment to record any interview held with the prisoner.

Visits by the Parliamentary Commissioner for Administration or Officers on his behalf

62B

(1)

The Parliamentary Commissioner for Administration or any person authorised by him may, for the purpose of discharging his public duties, visit a prisoner at any reasonable time with that prisoner’s consent.

(2)

A visit to a prisoner by the Parliamentary Commissioner for Administration or any person authorised by him shall take place in such area of the prison and under such conditions as the Governor may specify except that such a visit shall take place–

(a)

within the sight of an officer; but

(b)

outwith the hearing of any officer unless the Commissioner or his representative requests otherwise or the Governor otherwise requires for reasons of security.

Visits by journalists, authors or media representatives

62C

(1)

This rule applies to a person who visits, or seeks to visit, a prisoner

(a)

as a journalist, author or media representative in a professional or vocational capacity; or

(b)

in circumstances where the person’s visit is wholly or partially connected with the purposes of journalism, broadcasting or publishing.

(2)

A Governor shall permit visits to prisoners by persons to whom this rule applies only in exceptional circumstances and where he is satisfied that it is appropriate to permit such a visit.

(3)

If the Governor intends to permit a visit to a prisoner for the purposes mentioned in paragraph (1) he shall require the person, before being admitted to the prison, to give a written undertaking to the effect that–

(a)

no interview shall begin, nor shall any photographs, filming or sound recording be taken or conducted, except with the express prior consent of both the prisoner and the Governor;

(b)

any such interview, photography, filming or recording shall be conducted or taken in accordance with such other conditions as the Governor considers necessary;

(c)

he shall not make any payment or gratuity to the prisoner or any other person in relation to the holding of the interview or any material obtained at it; and

(d)

any material obtained at the interview, or any photographs, films or recordings so taken, will not be used for professional or vocational purposes and in particular for publication or broadcast or use on, or transmission by, any form of electronic medium by the person or anyone else except in accordance with the prior written consent of the Governor and subject to and in accordance with such conditions as he may impose.

(4)

A visit to a prisoner in terms of this rule shall take place in such area of the prison as the Governor may specify and–

(a)

shall take place within the sight of an officer; and

(b)

within the hearing of an officer.

Visits by members of the Parole Board for Scotland

62D

(1)

A prisoner may receive a visit from one or two members of the Parole Board for Scotland where the purpose of that visit is to interview him in terms of rule 15(3) of the Parole Board (Scotland) Rules 1993^f1 or rule 14(3) of the Parole Board (Scotland) Rules 1995^f2.

(2)

Where a prisoner receives a visit in terms of this rule–

(a)

the visit may take place within the sight of an officer; but

(b)

shall take place outwith the hearing of any officer unless a member of the Board or the prisoner otherwise requests.”.