Offender Management Bill

For the record, I spoke in the Second Reading debate, but I am delighted about this debate on Amendment No. 1, proposed by the noble Baroness, Lady Anelay, and supported by the noble Viscount, Lord Bridgeman. I am also delighted that it is grouped with Amendment No. 2, which relates to punishment. I am glad because I hope that this debate will permanently put to rest any indication that the Probation Service is involved in, "““the proper punishment of offenders””." I am surprised that as the Bill is all about management, we are getting entangled in the issue of punishment at this stage. I shall speak later to Amendment No. 5, tabled by the noble Lord, Lord Ramsbotham, in support of the principle set out by him. We on this side of the Committee cannot support Amendment No.1. I have sat as a magistrate for more than 17 years and have been involved with local probation liaison committees and probation officers in that time. It is one of the most difficult tasks performed by the Probation Service. Probation officers are not there to enforce the law. If there is a breach of a decision made by the court, the Probation Service reports it to the court, and it is for the court to decide what action to take. I have come across many cases of minor breaches of probation orders, and the Probation Service has taken no action. In many cases, the courts have been obliged to ignore certain breaches because they were not relevant to a particular individual. Punishment is not a matter for the Probation Service; it is for the court to decide what punishment is appropriate. That is reflected in sentencing decisions, and is very much at the heart of our system of prisons and the Probation Service, which are there to protect the public and, as has often been said, to reduce reoffending. Over the years we have changed the culture of our Probation Service. Despite the 100 years of its existence, its core purpose must be the rehabilitation of offenders and the reduction of reoffending. It should remain so. Any change would damage the role of the Probation Service and the reintegration of offenders would be made that much more difficult. Probation staff have to motivate and change behaviour. This process helps reduce criminality. If offenders feel that the Probation Service is simply an extension of the judge’s power to sentence, the ethos of the service will be damaged or destroyed. Over the years, we have put much emphasis and focus on being tough on crime. We use punishment at the expense of rehabilitation. My own experience is that many offenders see a member of the probation staff as someone who understands their problems and why they have offended. The Probation Service has had considerable success in building the confidence of offenders towards leading a purposeful life. We change that at our peril. I very much hope that we will think again about the inclusion of punishment as an objective. We should always remember that the carrot and stick approach is not appropriate for the Probation Service. The courts have a role to perform, but that is quite different from the role of the Probation Service.