Offender Management Bill

moved Amendment No. 3: 3: Clause 1, page 1, line 5, at end insert ““the reduction of offending and the rehabilitation of offenders and for”” The noble Lord said: In the aftermath of what has been a fascinating and important debate on the first amendment, I have some hesitation about whether it is altogether appropriate to move on to my amendment. However, I hope that the noble Baroness, Lady Anelay, will forgive me if I say that it is actually the significance of her amendment which has made me feel that I do want to make this particular point. In the previous debate, there was a good deal of discussion about the division of labour in ensuring the court’s decision and its consequences. Of course the public must be protected, and that is why we have to make sure that the custodial or other arrangements are satisfactory. I would go a little further than some noble Lords who spoke on the previous amendment and say that it is appropriate that when there has been a wrongdoing, its unacceptability should be marked by a punishment. I have no doubt about that concept at all. What I am concerned about is that we are muddling up the different responsibilities of different people in seeing through that situation, so that in the end we make them jacks of all trades. I am also concerned, not just in this Bill but quite often in legislation, that we do not distinguish clearly enough between purposes and the methods by which those purposes will be fulfilled. I suggest that an awful lot of what is spelt out in Clause 1 is in fact methodology rather than purpose. My amendment seeks to spell out clearly to all those working in the Probation Service and addressing these responsibilities, what the purpose is. The amendment may or may not be adequate; we can reflect on that together. I have said that I believe that the protection of the public is important, but that is not achieved only by custodial arrangements or their equivalent in community sentences. Protecting the public also means, so far as possible, overcoming the likelihood of more offences being committed. As we all know, the trouble at the moment is that as prison operates, it does not sufficiently prevent the occurrence of more offences, and hence our emphasis on more community sentences. But if we are going to reduce reoffending, we will have to adjust what is set out in Clause 1 in order to spell out that the purposes of the Probation Service are the reduction of offending and the rehabilitation of offenders, and then move on to all the ways in which that will be done, the necessary co-operation of others and the rest. That brings me to my second point. I suspect that a significant majority of noble Lords believe that the single greatest challenge in our overall approach to the penal system is that of rehabilitation. It is necessary in order to protect the public because if we have not rehabilitated successfully, there is the likelihood of reoffending. Rehabilitation is also important, of course, for many of the individuals because, as I think we discussed on Second Reading, many of them are victims of the inadequacy of society. We do not want to set the Probation Service apart from all the rest of the operation. I simply want to say in my amendment in very clear language that the purpose is to prevent offending and to rehabilitate the offender; all the rest is secondary. I should like my noble friend, with whom I do not have many disagreements on this Bill, to take that point away and consider it. I have been a chief executive in complex social organisations working in both the domestic and the international sphere. In organisations of that kind with all the complexities they face, it is all the more important not to confuse methodology with purpose. Methodology can be adjusted from time to time, but we have to decide what it is we are here to do. Then you can ask everybody to gather round that purpose; you have a team spirit saying, ““This is what we are about; everyone knows where we stand””. Of course, probation officers and others have to take into account the total situation and work with it. Therefore, of course, I want those within the Prison Service to play their part in rehabilitation as well. But the chief issue for the Probation Service comprises the two purposes I have just spelt out. I should be very surprised if almost every Member of the Committee did not agree with that. I make one other point in moving my amendment. We have all had a characteristically positive and enthusiastic communication from my noble and learned friend Lord Falconer on assuming his new responsibilities. I emphasise that I tremendously welcome the creation of the new ministry. Therefore, I was rather disappointed that although rehabilitation was mentioned it was not there in shining lights as a headline priority for the work of the new department. It seems to me that we constantly say, ““Yes, rehabilitation matters””, but we put it in the list with a lot of other things and it always gets pushed down under the immediate pressures. In recent months, we have talked of expanding prison places in our society. But how much talk has there been of the need for educational services and resources in that operation to make sure this is not just an utterly negative experience for those involved but can be turned into a positive experience—if that is indeed the road that we insist on going down, although I have reservations about that? The time has come when we must emphasise that in order to protect the public and prevent future offences, we must establish a culture which sees clearly that the real challenge is to rehabilitate people. There is a chance to spell that out in this Bill in unequivocal language. My noble friend will forgive me if I make this observation because aeons ago I, too, was in government. It would be absolutely mad to suggest that when in government you do not take into account the pressures articulated by the media. Perhaps we are all too gentle about making this point, but I should like to put it positively to my noble friend Lady Scotland, for whom I have incredible respect. I believe that the Committee would give her and her colleagues unqualified support if they were to say, ““Stop this emotional bigoted nonsense. We all know that this emphasis in our culture on a punitive approach to penal policy is actually making a bad situation worse. You are the people who are undermining the security of citizens up and down the country. You are the people who are leading to the disruption of business and other activity by crime. You are culpable. It is time you came to your senses and saw that the challenge you are involved in is to put the situation right””. I am afraid that, rather like the cheerful message of my noble and learned friend Lord Falconer, this Bill has missed an opportunity. That is why I move this amendment. I see that it is grouped with Amendment No. 9. I have no objection to that. For the convenience of the Committee I shall say a word on Amendment No. 9, on which I can be brief. My point is covered in Clause 3(2), which states: "““The Secretary of State may make contractual or other arrangements with any other person for the making of the probation provision””." The importance of the word ““arrangements”” is recognised in the Bill at Clause 3(2). We all know that this work cannot be done just by the Probation Service itself; it must be done with others. Therefore, arrangements are necessary. I suggest that my Amendment No. 9 is a self-evident strengthening amendment which would establish, if you like, what is already in Clause 3(2). I beg to move.