My Lords, we have had an interesting debate. I thank all those who contributed to it. The noble Baroness, Lady Lister, is always sharp on these matters; she has been well up to her reputation tonight. As the noble Baroness, Lady Jones of Moulsecoomb, said, this is a small fix. As the noble Lord, Lord German, pointed out, it is not an expensive fix either; in fact, it may result in a net gain to the Government because, if we can stop some people reoffending, we will save more money than any cost—there is probably no cost here, or at least very little—and we could be better off as a result. I am grateful to those noble Lords and to the noble Baronesses, Lady Bakewell and Lady Hamwee. My noble friend Lord Attlee asked who is against the idea. I have not yet heard much about people who oppose it. I am grateful to the noble Lord, Lord Ponsonby, for his remarks and the fact that we are better than we were last night.
On my noble and learned friend the Minister’s comments, I do not think that the House buys the Scottish experiment as an example here. It is just not relevant. Nor do I buy the argument about the sunset clause being inappropriate; I think that is just the officials reaching for some reason to try to rubbish this amendment. I accept my noble friend’s point that we need time to understand and his commitment to a
consultation finishing by April 2022. Most interesting is the possibility that legislation might not be needed and there might be other ways of achieving what we all wish.
So we have a sort of balance here. On the one hand, an immediate opportunity is being missed and progress seems glacial, to put it no more roughly than that; on the other, we have an encouraging set of statements in paragraph 139 of the White Paper. My judgment as to whether to divide the House on this amendment and possibly damage the concept is that we would really be dividing the House on whether we want to try to create a bridge and find a way to start some work on this project immediately. On balance, the Government have offered us half a loaf. I think we should probably take that half a loaf tonight; I therefore seek leave to withdraw the amendment.