Coroners and Justice Bill

I rise to support amendment 161, which stands in the name of my hon. Friend the Member for Walthamstow (Mr. Gerrard) and which I have also signed. Let me explain the background to this amendment, because I know that some Members have argued it may be irrelevant. Amendment 161 arises out of discussions with the trade union group that brings together the various trade unions representing workers in the justice field. The issue that arose time and again is that when Government wields the end, they should also wield the means. The amendment is in some respects intended to assist the Secretary of State in arguments with other Departments, and possibly the Treasury itself, because there has been a consistent pattern in the justice sector in this House: many Members have welcomed various approaches by the Government, particularly the development of sentencing policy—and innovative sentencing policy—but we have had difficulty extracting additional resources. Although there has been a significant increase in resources in this field, it has not matched the level of demand. That was demonstrated in the report by the Centre for Crime and Justice Studies published in December, which showed an increase in resources, but also a massive increase in demand and work loads. This legislation will develop the Sentencing Council and enable it to set out various guidelines, but unless the resources are made available we will pass legislation that will have limited effect—in fact, it could cause more frustrations within the justice system and therefore be less beneficial. I shall give one example, which has become crucial in recent months. We have met the Secretary of State, and the National Association of Probation Officers, the trade union representing probation officers, has undertaken a survey. It demonstrates that as a result of a reductions exercise—a savings exercise—that is going on, a large number of staff are losing their jobs. We were hoping that this would not involve front-line staff, but it looks as though it will. The situation means that probation officers are having to ponder a quandary when they go before a court and recommend, as a part of their report, a particular approach on sentencing, be it a community sentence, a prison sentence or a particular innovative sentence—I am thinking particularly of sentences associated with restorative justice. They are having to consider whether they should be advising the court, in their professional capacity, that although a given approach might be the best course of action, the resources are not available, particularly within their locality, to implement the sentence. That puts an onus on the probation officer that causes them a considerable dilemma. Amendment 161 seeks to remind the rest of government, as much as this Secretary of State, that if we are to develop the Sentencing Council and it is to be effective, we must ensure, as the amendment says, that as "far as reasonably practicable" the resources "are made available". If we do not do that, we will undermine the credibility of this part of this Bill, which we, across the House, have supported. Even if we do not press the amendment to a vote, I urge the Government at least to take the spirit of the amendment back in their discussions with other Departments, in particular the Treasury. If we will the ends, we must will the means, and if we do not do so in this instance, we will undermine the credibility of this legislation.