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Criminal Justice and Immigration Bill

My Lords, I understand that a survey has been carried out but I do not know its final results; I have not seen a report. However, I can point to issues to which I alluded in Committee—namely the reports from Her Majesty’s inspectorate and from the Audit Commission, both of which speak highly of outcomes and the professionalism of those who undertake this work. I can also reiterate the CPS’s commitment to ensuring that designated caseworkers who undertake representation in court have the necessary skills. As noble Lords will know, there are designated caseworkers who do not appear in court. We have, as I said earlier, a number of tiers of designated caseworkers. One of the benefits of the tiers is that those who qualify as designated caseworkers can move through the system obtaining greater training and opportunities, either becoming ILEX members or taking solicitors’ or barristers’ exams. We therefore have the full spectrum. The moderated provisions which we have put forward meet the concerns that noble Lords have raised. All of us agree that DCWs should not do work that could involve an individual going to prison; we absolutely agree on that, and we believe that the provisions we have put forward would cope with that. If the House were to disagree to the amendment and the Bill were to provide that DCWs should have no opportunity to do work that might involve imprisonment, we could have an order-making power, probably an affirmative power, so that the matter could come back in that way. It is unnecessary to use the panoply of primary legislation to deal with an issue which could be dealt with by order. I hesitate to use the phrase used by the noble Earl, Lord Onslow, but it really would be taking a sledgehammer to crack a nut. I know how much the House dislikes that.