Offender Management Bill

moved Amendment No. 44: 44: Clause 3, page 3, line 37, leave out from ““himself,”” to end of line 40 and insert ““he shall make arrangements for the making of that probation provision (and for the avoidance of doubt the members of staff through whom he may act in making and carrying out those arrangements include prison officers or other persons employed at a prison).”” The noble Lord said: This is a straightforward drafting amendment proposed by parliamentary counsel which has no substantive effect; it merely improves the wording of Clause 3(4). I have a feeling that it may have been stimulated by something one of your Lordships said in an earlier debate. We have made it very clear that we anticipate that the Secretary of State will fulfil his responsibility for ensuring the provision of probation services by making contractual or other arrangements with third parties. That is what we are seeking to do in moving the amendment. However, Clause 3(4) allows for a further option, that of the Secretary of State making provision directly through his own staff rather than through contracts with other providers. The subsection does not restrict which staff that might be but makes clear that, if necessary, it will be possible for probation services to be provided by the Secretary of State acting through prison staff. For example, in some circumstances it might make sense for prison staff who are delivering a programme in custody also to deliver the same programme in the community to offenders with similar needs to those in custody. It might also enable some offenders to continue a programme started in custody after release. This could be very helpful in supporting the end-to-end management of offenders and is an entirely sensible approach. The amendment clarifies that the Secretary of State could carry out these provisions either in person or acting through his staff and it makes clear that the definition of ““staff”” includes, but is not restricted to, prison officers or other persons employed at a prison. It is perhaps unwise to say this but it is an entirely sensible amendment and I am sure that entirely sensible noble Lords will wish to support it. I beg to move.