Schedule 1 - Supervision requirements

Part of Offender Rehabilitation Bill [Lords] – in a Public Bill Committee at 4:00 pm on 28 November 2013.

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Photo of Andrew Slaughter Andrew Slaughter Shadow Minister (Justice) 4:00, 28 November 2013

I will speak briefly to amendments 23 and 39. I know we are trying to make some progress. What I like is that my hon. Friend the Member for Darlington has written that into the script. She obviously knows us too well.

Part 1 of schedule 1 introduces the list of possible requirements that may be specified as part of an offender’s supervision arrangements following release from a short-term prison sentence. They include measures such as requiring an offender to keep in contact with a supervisor or attend drug appointments. Amendment 3 is a probing amendment to find out why the Government have not included a specific mental health requirement as part of the list and whether they might consider doing so. It provides that a mental health assessment requirement be added as an available supervision requirement.

It is widely recognised that mental health is a pressing concern for people entering the criminal justice system. The Bradley review published in 2009, led by Lord Bradley who spoke on this Bill in another place, reported comprehensively on this issue and highlighted the importance of diverting people away from the criminal justice system and into appropriate treatment.  The Government’s impact assessment for the Bill notes that mental illness is particularly prevalent among offenders serving short sentences to which the new supervision requirements apply.

The Government have made a welcome commitment to investing in liaison and diversion services in custody in order to identify and respond to mental health issues as early as possible in the system. I am sure the Minister would agree that where an offender has already received a short custodial sentence, supervision is then the next best opportunity to assess and respond to mental health needs and, where necessary, divert a person in time before the revolving door leads them back into custody. Could the Minister tell the Committee where the Government thinking is on this issue and whether he will consider the matter further? If he has time, I am sure the Committee would also appreciate a brief update on progress in the roll-out of liaison and diversion services.

Amendment 23 is a basic technical amendment. The schedule gives the Secretary of State the power to add or remove requirements from the list of possibilities given, as well as to amend or make instructions about the requirements. Amendment 39 would make any change to the list of options subject to the affirmative resolution procedure in both Houses. I am sure that the Minister will appreciate that the Secretary of State’s power to decide which of those options are available is quite wide-ranging.

We believe that it would be beneficial for any changes to be brought before Parliament, where the reasons and evidence for removing or adding an option can be clearly set out and agreed to. I would welcome the Minister’s thoughts on those suggestions. For the avoidance of doubt, I feel similarly about the amendment tabled by the right hon. Member for Dwyfor Meirionnydd, which would add an education, employability and training requirement to the list of possible supervision requirements.