Offender Management Bill

The noble Baroness referred, I think, to the community pay-back work and the way in which that can be done. That is intervention. I hope that the Committee can see that it was our intention to solidify the position that we now have and give a greater degree of certainty, which is why we introduced Clause 4. Perhaps it would be right also to remind the Committee that an amendment which would have had a similar effect to this one was debated extensively in the other place. It was rejected for the reasons that I have just given. It was seen quite clearly as something which would unnecessarily restrict others from coming and helping us in this regard. I turn now to the amendments tabled by my noble friends Lady Gibson and Lady Turner. Amendment No. 51A seeks to add the work which probation does in relation to the Parole Board in the early release and recall of prisoners. First, let me repeat what I said when we debated conflicts of interest. We have no immediate plans to open up this area of work to competition. We have given a guarantee to Parliament that we will not contract with a non-public sector provider for core offender management work for three years, which includes the provision of assistance to the Parole Board. However, as we discussed during our first day in Committee, probation involvement in the parole process is rigorously governed by the Parole Board Rules 2004. The proposed revision of the Parole Board Rules will see these further strengthened as they take the form of a statutory instrument. If in the future we decide the time is right to open up this area of work, the rules will apply to all providers involved in delivering this work regardless of whether they are from the public, the private or the voluntary sector. As these robust safeguards are already in place, we simply do not believe that the amendment is necessary, although we understand why it has been tabled and why it is necessary for me to repeat these assurances. Amendment No. 51B seeks to add the management of approved premises to the list of restricted services. Currently there are 104 approved premises in England and Wales, including 14 which are run by voluntary management committees and one by a private sector organisation, so we already have a mixture of management in that regard. As noble Lords know, they are used primarily to supervise high risk of harm offenders on release from custody. Clause 10(5) specifically clarifies that the Secretary of State may use his powers under Clauses 2 to 6 to commission the construction and/or operation of new approved premises. The approach suggested by my noble friends would, with respect, take us backwards from where we are now. The amendment would exclude the private sector while ensuring that the number of voluntary sector providers remains permanently as at commencement. I am not sure that I completely understand the position and I cannot believe that that is what my noble friends want. Their dislike of us using the private sector inappropriately is absolutely clear, but it is not justified on our experience to date. Where we have engaged with the not-for-profit sector and the private sector, we have a number of examples of doing very well indeed—not for ourselves, but for the people for whom we care. Public protection will be our overriding priority in commissioning all services. That will be especially the case with regard to approved premises, given the types of offenders they contain. Approved premises will continue to be used primarily to supervise offenders released from custody on licence who are assessed as presenting a high or very high risk of harm to the public. I am conscious that the noble Baroness, Lady Howarth, is not in her place—