§ Lord Lamont of Lerwickasked Her Majesty's Government:
Whether rules and regulations derived from Prison Service orders but not directly included in the Prison Service rules have the power of law; and whether they are legally enforceable; and [HL766]
Whether there is a requirement for Prison Service orders and subsequent changes to them to be laid before Parliament in the same way as drafts and amendments to statutory instruments (that is, the Prison Rules) must be laid before Parliament under the Prison Act 1952; and [HL767]
Whether the rules and regulations derived from Prison Service orders but not directly included in the Prison Rules have the authority of Parliament; and [HL768]
Which body, if any, that is independent of the Prison Service has the function of monitoring rules and regulations that have a major impact on prisoners' rights in relation to fairness, reasonableness and compliance with human rights and other legislation. [HL769]
§ Lord Falconer of ThorotonIt is the obligation of the Prison Service, as a public authority, to ensure that its rules and regulations comply with the Human Rights Act 2000. The Prison Rules and Young Offender Rules are subject to scrutiny by Parliament, but there is no requirement for Prison Service orders or Prison Service instructions, or subsequent changes, to be laid before Parliament. While the instructions within Prison Service orders are neither primary legislation nor statutory instruments they are capable of having a legal effect. Prison Service orders and instructions are publicly available on the Internet and in prison libraries.
Prisons are inspected by HM Chief Inspector of Prisons, who may also conduct thematic inspections and may comment on regulations and their application and make recommendations. Boards of visitors supervise the operation of the prisons for which they are responsible and report annually with recommendations. Individual prisoners who believe their rights have been infringed can complain to the local board of visitors and to the Prisons and Probation Ombudsman. They can also pursue the matter through the courts.