Offender Management Bill

My Lords, there may be some differences among us over how commissioning will work—I was reflecting on that point during our previous debate. I disagree with the noble Baroness, Lady Stern, in that I think that there is a good deal of crossover in those visions. I do not see them as being in contradistinction to each other or in conflict. There is certainly a shared commitment to ensure the best possible outcome—I do not mean that in straight financial terms but in terms of what we are trying to achieve, which is to reduce reoffending. So I take issue with the noble Baroness on that. I certainly do not take issue with the point that the noble Lord, Lord Judd, is trying to make in this amendment and an earlier one, when we discussed the need for co-operation. It is a point which we debated at some length in Committee. The noble Lord then proposed that we should extend the definition of ““contractual arrangements”” to include the concept of negotiated partnerships. The amendment suggests instead that the contractual arrangements are made ““for co-operation”” with any other person for the making of probation provision. Understandably, the noble Lord asked us to go away to think of some more imaginative wording for this subsection. Perhaps we have not risen to the thesaurus challenge, and I will have to disappoint him. I say that with some sadness because I know that he feels that the term ““contractual arrangements”” does not reflect the holistic and co-operative approach that is necessary for the successful management of offenders.. Those are important points and I thank the noble Lord for making them again in his customary courteous, effective and forceful way. The reason why we have to draw a line and not agree with him is this. The legislation needs to be as clear and precise as we can possibly make it. The provision in Clause 3(2) achieves just that, setting out very clearly that the Secretary of State may make contractual or other arrangements with any other person for the making of the probation provision. The problem with adding a concept like ““co-operation”” is that it adds ambiguity, and, as we know, ambiguity does not make for good legislation. What I can say—I hope that this will reassure the noble Lord; it certainly should—is that we will reflect the spirit of his amendment and what he wants to achieve in the guidance for implementing the Bill. It is more properly located there, because the guidance is about the feel, the quality, the material way in which the legislation will be implemented. It will also describe better, in more sensitive language, how we contract with providers. That is a better way to achieve his goal, and is how the relationship with providers will be established and developed. Because we are in a contracting arrangement does not mean that there will not be co-operation. There will have to be co-operation; it is essential. That means that we need co-operative forms of working. All those things can be the subject of contractual description, and so on, and that is where the guidance will aid and assist us. I hope that the noble Lord will accept my assurance that we understand what he is trying to achieve. We certainly want to reflect the spirit of what he proposes but for good reasons of ensuring that we have the right phraseology in legislation, we cannot support the amendment. I am grateful to the noble Lord for having raised it and for making his customary contribution as he has.