Offender Management Bill

I hear what the noble Lord says about that but I ask him to reflect that we are already undertaking that sort of work in partnership in a mixed economy. The close alignment between the work done now by the voluntary sector and the public sector in particular, is being done in a conjoined, partnership way. I know that the noble Lord is not suggesting that we take a step backwards. We have to accept the reality that bodies in other sectors have developed the level of expertise which enables them and entitles them to do this work now. We are hugely grateful to those people for doing that work with us and for us. Clause 4(1) provides that the Secretary of State may make contractual or other arrangements for ““restricted probation provision”” only with a probation trust or other public body. Clause 4(2) defines ““restricted probation provision”” as the giving of assistance to courts in determining the appropriate sentence to pass, or making any other decision, in respect of a person charged with or convicted of an offence. The provision is therefore cast quite widely. As one would expect, it covers advice on sentencing, in the form of pre-sentence reports, but it also covers the provision of general advice, bail information and advice on enforcement issues through the prosecution of breaches of community orders. That is quite wide. Clause 12 provides for this restriction to be lifted by means of an order subject to affirmative resolution. Clause 12(1) provides a power to repeal this clause in its entirety. Clause 12(2) clarifies that the order repealing this clause can specify that it does so only in relation to specific aspects of court work. As this situation develops and there is a growth, which we expect, in expertise in other fields which is appropriate and safe, it gives an opportunity for the Government of the day to come back to Parliament and say, ““On the following basis we now believe that it is appropriate for this limitation to be removed in relation to all, part or any of the matter””. That gives us flexibility and an opportunity which we think is very valuable because, if both Houses thought that it was appropriate, it would allow, through the affirmative resolution procedure, for there to be a gradual lifting of the provision if that was deemed to be the most appropriate development in the circumstances that prevailed. Amendments Nos. 97 and 98, tabled by the noble Lord, Lord Ramsbotham, would restrict that power. They would mean that the power to repeal would apply only to Clause 4(2)(a) rather than to the whole of Clause 4. Clause 4(2)(a) forms part of the definition of ““restricted probation provision”” in Clause 4. It makes clear that ““restricted probation provision”” must be provision which is made for a purpose inClause 2(1)(a) or (b). Clause 4(2)(b) clarifies that this provision must also relate to the giving of assistance to courts. The noble Lord’s amendments would restrict all the work that probation does in relation to courts to the public sector for all time. That is not a sensible way to proceed. It is right to leave open the possibility of some or all aspects of court work being contracted outside the public sector in due course, as other providers develop their expertise and the new arrangements bed in. That may be appropriate but it is absolutely not on the agenda at the moment, and the current arrangements would be changed only if the Government were able to persuade both Houses of Parliament that it was the right thing to do. That strikes a sensible balance. It gives a cast-iron guarantee, to those inside this House and outside it, that we will take a responsible and measured approach to implementing the changes. I know that many in the voluntary and private sector believe that we are being timorous, and that we should be more bold and go more quickly into the issue. We have listened to that but, where we are dealing with such a sensitive issue and have to build confidence and make sure that people feel comfortable about the change, this is the most appropriate and proportionate way forward. It gives us a balance. We get the safety and security that we need for the moment, allow the market to develop, build the relationships and partnerships, have the standards, deliver in a way that makes sense to people, and then think that—if we end up being where I certainly hope we will be—we will have built a consensus to enable us to move forward. Members of the Committee need to be very conscious that the affirmative resolution procedure is a powerful opportunity in a situation such as this where we allow a part-evolution, because it allows both Houses to say yes—or no—to this development and speed in a way that makes a great deal of sense. For that reason, I hope that my noble friend will feel content not to oppose the stand part Question in due course; that the noble Lord, Lord Ramsbotham, will not pursue the matter tonight, and that he may consider not doing so on Report or Third Reading; and that I might persuade the noble Baroness, Lady Anelay, to think really carefully about whether she needs to exercise herself unduly on Monday.