I support the amendment and agree entirely with what the noble Baroness, Lady Anelay, has just said. I understand the thinking behind what the noble Lord, Lord Ramsbotham, is trying to do in reordering the paragraphs, as there may be a more logical sequence to the list, but I also hear very clearly what the noble Baroness, Lady Howarth, says. It is not so much a question of whether the list is inclusive or exclusive; the point is that it may become a straitjacket and a kind of job description. That is the risk you always run when you try to tease out all the crucial elements which you do not want to miss. I do not know whether there is a straightforward answer to that, but the issue is fraught with that kind of hazard.
It is absolutely right that the probation purposes should emphasise partnership working, with whomever it may be, and that that should, wherever possible, take place at a local level, because that is where the offender lives. If the pillars of a roof, a relationship and a job, which can be the structure around the work, are met, then there is a context and a more realistic chance of a successful outcome.
The amendment proposes a mixture of some new probation purposes and some which are, as we have already discussed, in the Bill. Paragraph (d) is significant because it introduces the element to which I referred earlier and which is palpably absent from the Bill—the place of prison in offender management and, in particular, the role of the Probation Service when offenders are released. Not including prison in the plans for resettlement makes a nonsense of the notion of end-to-end management. Therefore, we welcome that addition as being essential in the planning of supervision and rehabilitation purposes.
Paragraph (f) in the amendment is also new. It is helpful in that it highlights the issue of compliance with court orders and clearly reflects our earlier discussion on the role of probation vis-à-vis the court. Probation’s task is to use all the available skills and professional expertise to carry out the orders of the court and ensure compliance and then to returnto court if they are not adhered to. Achieving compliance is the one measure of success in probation work and it should be clearly stated as an objective.
The core value of a belief in the ability of people to change is inherent in the aims of probation. Therefore, it is right that the aims are restated in this logical way.
Finally, the inclusion of offenders’ awareness of crime brings in, for the first time, the possibility of restorative justice being more embedded, expanded and developed within the context of offender management.
Offender Management Bill
Proceeding contribution from
Baroness Linklater of Butterstone
(Liberal Democrat)
in the House of Lords on Wednesday, 16 May 2007.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Offender Management Bill.
About this proceeding contribution
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692 c267-8 Session
2006-07Chamber / Committee
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