Schedule 1
4:15 pm
Alan Campbell (Parliamentary Under-Secretary, Home Office; Tynemouth, Labour)
The hon. Gentleman refers to a particular situation in which someone who is dependent on drugs might find it difficult to comply with an order, but as I explained earlier, the suitability of a supervisor for an order will depend very much on the needs of the woman in question. If she has a drug dependency that affects her life in the way that he described, it seems appropriate that she should be referred first and foremost to someone with expert knowledge about drugs who could help her end the habit. If so, I would expect them to have a good understanding of how drugs can get in the way of people’s lives. That might well constitute a reasonable excuse.
In the same circumstances, if having discussed the options and understood them, the woman decides to breach the order for some other reason, that would certainly mean that she ran the risk of falling foul of what is a reasonable excuse. It would depend on the circumstances, but we are not talking about someone who deals only with generalities; we are talking about seeking out experts and practitioners who can give the person the support that they need. That is the whole point of the order.
The hon. Gentleman also asked why we do not require the offender’s consent. The reality is that for some offenders, a fine may be an easy option. We know what will happen, because it happens to now to some extent. The offender accepts the fine and finds when they are back out on the streets that the only way to pay the fine is to go back into prostitution. We are imposing an order and putting them on the path to rehabilitation, even though they might regard that as a more difficult option, bearing in mind that if they do not comply with the order, it is possible to return to the original penalty, which could be a fine. I do not think that the orders should be regarded as a soft option at all. We should not give offenders the opportunity to pick and choose. That is why we do not believe that the consent of the offender is necessary in all circumstances. With those remarks, I hope that the hon. Gentleman will feel able to withdraw his amendment.