Offender Management Bill

I am always hesitant to disappoint the noble Baroness, but I hope that I will not disappoint her on this occasion, because she quite right—I am unable to accede to her amendments. She will know, as I do, the distinction between this Bill and the Legal Services Bill, which looked directly at the role to be played by the Lord Chancellor, as Lord Chancellor, as opposed to as a Secretary of State discharging other duties. It is important that we concentrate on what this Bill is about, although it is fascinating to examine the changes in the machinery of government that occur from time to time. This start to our discussions may be a helpful opportunity to consider the creation of the Ministry of Justice, which has generated much interest and debate. I remind the House that this debate is about not the Ministry of Justice but the Bill. Perhaps we should not allow ourselves to be distracted from the real issues that we are here to debate concerning the future of the Probation Service. The Ministry of Justice came into existence on the 9 May with one purpose only—to improve the justice system for the public. We will achieve that by bringing together many of the organisations, agencies and stakeholders who have to work together to deliver a successful justice system under the responsibility of one ministry. The Ministry of Justice provides an opportunity for the whole justice system to work together better than ever before. At a national policy level and at a local delivery level the Ministry of Justice will build on the significant improvements that we have seen since 1997 in how agencies work together and will provide clear leadership within government for the justice outcomes that best serve the public. I turn now to the implications of this change to the Bill. Responsibility for this Bill has now transferred from the Home Office to the Ministry of Justice, as I said it would at Second Reading. I also made it clear that the Government remain fully committed to the policy provisions in the Bill and I am delighted to have the opportunity to continue to oversee the Bill’s passage through your Lordships’ House. A number of amendments have been tabled in the light of that change. The noble Baroness has rightly raised this issue at this stage, but my noble friend Lord Judd has also referred to this by proposing a change to the commencement clause at Clause 38 which would substitute, "““Secretary of State of the Ministry of Justice””," for the current term, ““Secretary of State””. I am happy to say that none of these amendments is necessary. There is no legal distinction between the different Secretaries of State and it is a matter of mere administrative convenience that responsibilities are divided as they are, and it is not normal practice to make reference to any particular Secretary of State. So the existing references, though originally drafted with the Secretary of State for the Home Department in mind, can be applied in the same way to the Secretary of State for Justice. The amendment tabled by my noble friend Lord Judd is, therefore, unnecessary. The other amendments in the name of the noble Baroness seek to merge the posts of Lord Chancellor and Secretary of State. Those posts are quite separate and distinct, although they are, at present, both held by my noble and learned friend Lord Falconer of Thoroton. There are numerous references to the Lord Chancellor—