Lord Beith (LD)

My Lords, there is a curious diffidence over so important a part of the Bill as Clause 1. I shall not say much about it, except that, although the amendments are worth studying to see whether they do improve how Clause 1 can operate, they seem to stem from a general hostility to the Bill disguised as a sort of benevolence. It is a strange position that the Conservative Front Bench has taken. We would be in a happier situation if we were discussing this Bill because we had worked out a coherent alternative criminal justice policy and the sole reason for carrying it forward would be that it would be better at protecting the public, recognising, as it should, that many people who are in prison are not being improved in their propensity not to reoffend by being in prison, and some of the people in the community are not getting the support and structure they need to make their lives responsible—or reduce the danger to the public in general. However, we are considering this Bill because our prisons are full and will remain full and get fuller unless we do something about it. That does not preclude having a sensible criminal justice policy in support of provisions such as Clause 1, but it does necessitate it. The good thing about this Bill is that significant parts of it are addressed to better provision in and out of prison and in the transition from prison to being out of prison—a matter on which the Minister has plenty of specialised knowledge from his own experience. It may be that we can tidy up Clauses 1 and 2 a little, but we should be quite clear in our minds that they are necessary clauses to deal with a crisis. We will rely on other parts of the Bill to ensure that we are dealing with that from the point of view of criminal justice reform, and not merely trying to empty prisons.