Offender Management Bill

I am grateful to the noble Baroness, Lady Linklater, for her, as ever, thoughtful contribution. Her experience, and the work she did before she came to this House and has done subsequently on child welfare and offender management in the broadest terms, is extensive. She and I will continue to disagree on one issue on which I find myself close to the Minister. There are occasions, we believe, when the only recourse may be for a child or young person to be held in custody. We shall continue to explore these issues as time goes on. I am grateful to the Minister for the way in which she responded to this matter. The Government believe that they are not going in a completely new direction. They say that it is not a radical departure but a minor modification of an existing provision, and that secure children’s homes already perform the function bestowed on them in the Bill. The Magistrates’ Association is keen to explore just how the change will be effected and what the impact will be on secure children’s homes from the viewpoint of those who will come into contact for the first time with children who are very disturbed and have a criminal background. It is important for the Minister to put the matter into context regarding the independence of the court in coming to a decision on sentencing. Guidance should point out that the court has a role to play in making recommendations about where a child or young person should then be placed. I understand exactly why the Minister does not wish to say that the court should make that decision. That is not the way in which things are done, nor should it be. I will make sure that her response is put before the Magistrates’ Association to see whether it is fully satisfied. From my own point of view, the Minister has gone as far as she reasonably could today in trying to address its concerns. I beg leave to withdraw the amendment. Amendment, by leave, withdrawn.