Judith Collins

By Maggie Tait of NZPA

Wellington, Nov 26 NZPA - Parliament is debating a bill to allow court cells to be used as temporary overflow for crowded prisons.

The Government intends to pass the Corrections (Use of Court Cells) Amendment Bill 2009 today. It was introduced by Corrections Minister Judith Collins this morning and the first reading debate kicked off straight away.

The bill amends the law to allow prisoners to be kept in court cell blocks. The change means that if court cells were needed to be used temporarily it could be done without delay.

Ms Collins told Parliament the use of the cells would be a last resort.

"The use of these cells for Corrections prisoners will not be allowed to interfere with the operation of the courts, including the normal function of these cells -- detaining people who are appearing before the court."

The prison population was around the highest level it had ever been and it was forecast to continue to grow.

The Government was extending double bunking and use of container cells to address capacity.

Court cells had been used in the past, including in July 2005 and January 2006.

Ten blocks of court cells (101 cells) were currently gazetted as part of Corrections prisons but district plans prevented them being used. Planning approval changes to allow overnight accommodation was a lengthy and costly process -- as much as $200,000.

"This situation is not acceptable" and the bill addressed an anomaly, Ms Collins said.

Use of cells would operate based on an agreement between the heads of the Justice Ministry and Corrections Department.

It would specify which cells could be used; in what circumstances; and would ensure normal operations would continue.

Requirements to be met included:

* that there was an acute short of prison accommodation and no other practical options available;

* the Secretary of Justice was consulted;

* prisoners received legal entitlements and no prisoner was kept in a court cell for longer than four days.

Labour said it would support the bill. Labour MP Trevor Mallard said it was ironic that National in opposition had so stridently opposed the housing of prisoners in cells.

He quoted National's Tony Ryall past comments that the use of court cells was a "warning of a jail crisis".

Mr Mallard said the bill showed Ms Collins was lazy as other measures had not been implemented fast enough.