Criminal Justice and Immigration Bill

That contribution and the one before are not in keeping with the spirit of the Committee so far. Whether or not it is because it is after dinner I am not certain. We all relax a little after dinner. But it is not worthy of the noble Lord to suggest that that is what we said. I think the Committee agreed that it was a good thing that those who were reformed should be among those who helped and guided those who were now in trouble because they could teach them more. I think that was the point I made. If the noble Lord thinks that I was saying something different, I do not think I can persuade him otherwise. But that is meant to be what rehabilitation is all about. Let me try again. It is worth considering the treatment requirements attached to the YRO within this context: they will be subject to the same considerations on availability and suitability as are applicable outside of the criminal justice system. However—and this is the important point—in practice, most young offenders with identified drug substance misuse or mental health treatment needs will receive treatment on a voluntary basis, supported by appropriate workers in youth offending teams. We expect that that treatment of these needs would be included as a part of a court order only when a young person had previously failed to engage with treatment services and when drug substance misuse or mental health had been identified as a factor in offending behaviour—for instance, committing crime in order to support drug substance use or while under the influence of drugs or intoxicating substances. Consequently the expectation is that there will only ever be a small number of young people who will require a court order to undertake treatment. We are confident that the availability of treatment should be sufficient to cater for those young people. Youth offending teams will know of providers in local areas and supervise any treatment. I have said more than once that the funding is provided by the National Treatment Agency. If alcohol addiction is the cause of the offence for which the YRO is given, the court can give that requirement. The fact is that YOTs are giving alcohol treatment without recourse to a court order as part of their general work on substance misuse. All YOTs are funded to provide substance misuse workers and we believe, as does the Youth Justice Board, that only very few require court orders for substance treatment. If they require orders they will be given them, but just because an offence is committed by someone in drink, it does not follow automatically that the best order to make for them is one that involves treatment for drinking too much. There is a whole sequence of other orders that may be more suitable. For the noble Earl, who knows better than this, to suggest that everyone who is drunk and is brought before the court, even if they have committed an offence of violence, should necessarily get one of these orders attached to a YRO is frankly absurd.