UK Parliament / Open data

Offender Rehabilitation Bill [HL]

My Lords, of course, I shall not pursue the amendment. The points made by the noble Lord, Lord Ponsonby, are very interesting, but I do not think that my amendment would alter the situation either way. He has no doubt made us all start to look at this from a different perspective, which is extremely helpful. The problems raised go wider than just this situation.

When the Minister started to explain some of the reasons that might be behind a decision here, I rather felt that we were going a little close to what might be for the convenience of the provider rather than to the benefit of the offender. I fully accept the importance of the relationship between the offender and the individual who is undertaking the supervision, but that could easily tip over from a company looking at this from a commercial point of view to what might tick the right boxes for that provider.

I was glad to hear the Minister say that there might be many reasons to support a move, but the provisions of Article 8 of the Human Rights Act would seem to provide higher obstacles to a challenge on the part of an offender than would be the case if something of the sort of my amendment on the issue of balance were written into the clause. The amendment would give much more straightforward, less expensive grounds for appeal, as it were, from the decision of the responsible officer to the court. Of course, Article 8 will apply whether we say so or not, but I know that the Minister would accept that praying it in aid to the extent of a challenge to a decision is quite heavy. I will read the Minister’s explanation, as well as having listened to it, but for the time being at any rate, I beg leave to withdraw the amendment.

About this proceeding contribution

Reference

745 c1548 

Session

2013-14

Chamber / Committee

House of Lords chamber
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