Offender Management Bill

This is one of those occasions when one can be reasonably happy in saying that there is not a great deal between the position of the Government and those who support the amendment of the noble Lord, Lord Ramsbotham. However, there is a big ““but”” in how we think these matters can better operate with greater flexibility. While we fully accept that people suffering from mental disorder who come into contact with the criminal justice system should be given the treatment they need, we believe that the amendment goes too far and is inflexible. Many court liaison and diversion schemes are in operation. The Government accept that these schemes vary in the quality of the support that they are able to provide. Some are able to provide only limited support to the person who comes before the courts. At present, the better diversion services provide a range of multi-disciplinary team activities across the whole spectrum of the criminal justice system, and support the police at an earlier point in the path to custody for those vulnerable patients who repeatedly come before them. The courts already have powers under the Mental Health Act 1983 to divert offenders to hospital for treatment. Under Section 35 of that Act, they may remand an accused person to hospital for a report on their mental condition, and under Section 36 they may remand an accused person to hospital for treatment. The police also have the power under that Act to remove a person who appears to be suffering from mental disorder to a place of safety. This is for the purpose of enabling him to be examined by a doctor or interviewed by a social worker, and for the making of any necessary arrangements for the accused person’s treatment or care. Statutory arrangements are already in place to enable the courts and the police to divert people into treatment for mental ill health. The Government accept that more should be done in this area, but believe that the best way to take this forward is by non-legislative means. To legislate would be to force local commissioners to implement a one-size-fits-all service that took no account of local need. It could undermine existing practice in which local health commissioners were allowed to make their own assessments of the balance of needs and provision in their local communities, and thereby secure the most appropriate levels of service and skill mix to meet those needs. Our intention is to publish guidance this year to the National Health Service and partner agenciesthat supports the development of local services that build on the best of what already exists. By thatI mean factors such as multi-agency provision, financial stability, information-sharing protocols, effective leadership, adequate levels of staffing and a clear role definition. I think that we are at one with noble Lords in our policy intent and direction. We differ in how we seek to achieve a far better quality and level of service. I hope that my words of reassurance to the noble Lords who tabled the amendment and spoke to it will enable it to be withdrawn.