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Mr Llwyd
According to a Ministry of Justice letter leaked last Friday, 14,000 MOJ jobs will be lost, 11,000 of them from the front line. If we are to believe the letter, 60% of those reductions must be made within the next two years. The cost of the redundancy drive will reportedly reach £230 million. Although 85% of that reduction is estimated to be voluntary, it will no doubt be as voluntary as walking the plank.
Meanwhile, 50% of the redundancies are expected to be achieved through natural wastage. Where exactly do we expect those workers to go? The National Offender Management Service will lose 9,940 jobs: 760 from its headquarters and the rest, presumably, from the prison and probation services. Delivery of restorative justice seems like pie in the sky when we consider the bleak road ahead. By March 2014, the justice budget will be cut by 23%, which seems to undermine once again the opportunity for justice reinvestment.
We hear that in the face of those cuts, the Ministry of Justice also wants to cut prison places. The Ministry’s aim is to reduce receptions into custody by 18,000 a year by 2014—indeed, the package of cuts is predicated on a reduction in the number of prisoners—but how can that be achieved? I am afraid that it is more likely that the cuts will lead to an increase in the number of prisoners, especially when slashes in staff numbers are combined with cuts to courts, prosecutors and clerks. The same number of prisoners will be held on remand, but probably for longer.
The premise of the cuts is therefore flawed, and the cuts may well undermine the worthy and proper notion of justice reinvestment. Equally, there are logistical problems with the time scale, as the cuts are expected to come into play by 2014. I spoke yesterday to Mr Harry Fletcher, assistant general secretary of the National Association of Probation Officers; I see a wry smile on the Minister’s face. I have no doubt that the Ministry of Justice expects that the new infrastructure will be put in place by 2014, but NAPO’s opinion is that it will take at least five years to be anywhere near ready. However, that is a matter of debate. The time scale for the cuts is not practicable and risks undermining and damaging our justice system.
We also hear that a large proportion of rehabilitation work will be outsourced to voluntary and private organisations on the basis of payment by results. Where exactly are those volunteers meant to come from? Magistrates courts committees have complained that court orders cannot be made out to private companies. I think that that is true. What would happen in the event of conflicts of interest? On Tuesday, I met Mr John Thornhill and other representatives of the Magistrates Association. If short-term prison sentences are to be avoided, they are concerned that personnel will not be found to oversee defendants.
Although I agree that the Lord Chancellor is right to attempt to avoid the overuse of short prison sentences, that cannot be done without a substantial direct investment in the probation service. When I first qualified as a lawyer in the early 1970s, the local town of Dolgellau had three probation officers. We now have one for half the county. Need I say more? Furthermore, as I said to the Lord Chancellor in a recent sitting of the Justice Committee, the private concerns that receive payment by results will inevitably be profit-driven. They will not want the awkward recidivist cases, that is for sure. That is where I believe probation officers’ skills should come into play.
I understand that many departmental settlements were finalised only a few hours before the announcement of the spending review yesterday. How can we discuss justice reinvestment properly, even in theory, when community reinvestment is being cut? We are expected to set up a private system that we do not agree with, which will take years, while cutting back on probation staff. I am afraid that those drastic cuts have not been properly thought through. As was said earlier, this might be an opportunity missed.
In its report, the Justice Committee presented the case for various essential reforms, which now seem further away than ever. The report tasked the Government with committing to a significant reduction in the prison population by 2015. That is the reduction on which the cuts are predicated, yet ironically, the cuts render such a reduction less practicable. Following on from the Corston report in 2007, the Committee report also tasked the Government with implementing Baroness Corston’s recommendations on reducing the number of female prisoners. A reduction in the number of prisoners whose crimes were driven by mental illness is also overdue. The CSR mentioned those goals, notably in pledging to introduce proposals to invest in mental health liaison services at police stations and courts in order to intervene at an early stage and divert those suffering from a mental illness into treatment. That is welcome, but will the Minister expand on it? Will related pledges to target the causes of female incarceration be honoured?
The Committee report warned that spending more on rehabilitation will not work while the prison estate is overcrowded. How timely that warning now seems. We cannot expect the criminal justice system simply to work out its problems by itself. Time and investment are needed to reform how the sector functions. As I have said, we cannot merely expect the number of prisoners to decrease as if by magic while cutting staff numbers across the piece.
The report noted that a coherent strategy must be developed by the Home Office, the Ministry of Justice and other Departments to target the allocation of resources and reduce crime. I agree, of course. Targeting the causes of crime is essential to reducing the number of people in prison. We must build on and improve the community sentencing structures already in place and seek the advice of probation staff who know the area thoroughly and professionally.
For too long, probation officers have been undermined and marginalised in the NOMS set-up. Instead of making cuts and outsourcing to voluntary organisations, we should focus on improving the probation service that we know and respect by reducing the paperwork that probation officers must do and increasing the time that they spend with offenders. Currently, probation officers spend an average of eight minutes a week speaking to people under their orders. That is ridiculous. What can be done in eight minutes a week? I have no idea.
I have a suggestion. It might be radical, but I have seen it in practice. A few weeks ago, I went to Buffalo, New York, which has a veterans court. Veterans who have offended are referred to the court and come under the watchful eye of Judge Russell. Typically, they have committed high-grade misdemeanours or low-grade felonies and are facing perhaps 18 months in prison. They are given the opportunity to attend the veterans court. If they take it, they are assigned a probation officer and, crucially, an ex-service mentor. For 18 months or less—it is sometimes 15 months or in very rare cases 12 months—they are expected to go to court every three weeks to explain how they are getting on. They are drug tested every fortnight and if they are clean and sober—to use the words they use in the States—at the completion of the course, they graduate. They are given a glowing character reference and any reference to the offences is scrapped. If they are not already in work, they are given work, and they are treated with respect for how they have handled themselves during those months.
I was absolutely struck by the whole thing. I went to the States thinking, as a lawyer, that everyone should be equal before the law and questioning why veterans should have a different course of action—although I have been campaigning for them and will continue to do so for those veterans who unfortunately are in prison, often for reasons beyond their control. The scheme is predicated on having a volunteer mentor who is an ex-serviceperson and a probation officer—or the American version of that—who can put in the necessary time to deal with the offender.
I have just mentioned the result of that scheme to hon. Members. May I tell them what the reoffending rate is? Courts at the federal level are looking at that district court because of its success. For the past three years, the reoffending rate has been 0%. If that is not something to consider, I do not know what is. I submit that the scheme could be adapted to what we are talking about today. It does not have to be a veterans court; it could be any other form of court. The scheme is labour intensive, but if we weigh up the savings to society, the taxpayer and everyone—and indeed to the individual who has his or her life turned around and is back in the mainstream—it is remarkable and worthy of study.
The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)
Is the hon. Gentleman familiar with the work of Alan Lilly of the Cheshire probation service? I saw him last week in Cheshire—he is a friend of mine and we served together—as I am interested in the work he is doing there on a veterans scheme. I am particularly interested in the hon. Gentleman’s comments about the American experience. We will try to draw those two experiences together.
Mr Llwyd
I am grateful to the Minister for that very positive response. I shall send him a booklet—if one exists—about the scheme. I know Mr Lilly; I serve on a committee with him. Indeed, under the auspices of the Howard League for Penal Reform, I went to the States as a member of a panel and am due to report to the Government. I am happy to send the evidence to the Minister, because it is remarkable and worthy of thorough investigation.
Mr Llwyd
As I said, I went to the States with a preconception that I would not approve of the veterans court. However, other courts refer to that court as a means of disposal. Other courts deal with ex-service people who have committed such offences, and if they think that the person concerned would benefit from Judge Russell’s assistance, they are referred for disposal to the veterans court. In effect, it is not a twin-track system for any class of society, but it is a different disposal. The scheme is well worthy of examination.
The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)
First, I congratulate the hon. Member for Bishop Auckland (Helen Goodman) who is sitting opposite me. We have followed a similar path from our respective Whips Offices to Front-Bench responsibility, and I congratulate her on becoming a shadow Justice Minister. I notice that she did not spend an enormous amount of time defending the record of the previous Administration, which was probably wise.
In recounting the record, she commented on the number of courses that people have completed, and the expenditure on programmes. I want to draw attention to one way in which things are changing by saying that those are inputs. We are not going to measure inputs; we are going to measure outputs and what is achieved by the system. We will give those who operate the criminal justice system and in whose charge offenders are placed, as much professional freedom as we can to enable them to exercise their best professional judgment and effect the rehabilitation revolution that we so badly need.
Alun Michael
The Minister makes an interesting point by suggesting that he will measure things by outcomes. That is a sensible way to proceed but he must tell us how he will manage it without the inputs.
Mr Blunt
I would like to draw the attention of the right hon. Gentleman to a passage in his contribution where he talked about methodology. I was trying to write his remarks down, but he went through that part of his speech rather too quickly. He said words such as “the requirement of that methodology”, “centrally driven”, “clinically measured”, “setting targets” and “evaluated annually.” I recommend that he go back and look at such passages in his speech, and imagine what that language is like for someone who is on the receiving end of the methodology and targets that flow from it. That is the system we have inherited.
I have talked to professionals in the field, particularly the youth offending teams who are overseen by the Youth Justice Board. The leaders of the youth offending teams spend far too much of their time looking upwards to respond to the oversight that they receive from the Youth Justice Board, rather than looking downwards to deliver their services. If the right hon. Gentleman will forgive me, that is an example of where we have got the balance wrong and where changes are needed. It is the same for the probation service and the performance measurements and targets that are imposed on it. We must move to a system that gives professionals more freedom to exercise their judgment in the best interests of the people in their care.
Alun Michael
I am grateful to the Minister for generously admitting that he was not keeping up with my explanation. It had nothing to do with the work of the Youth Justice Board; I was pointing out that the simple methodology of partnership working by local people in a local area who work together to identify the problems and produce solutions, has worked through the crime and disorder reduction partnerships over the past 12 or 13 years. The problem with the youth offending teams is not that of looking upwards or at centrally-set targets. The issue is about whether the professionalism exists in the Minister’s Department and the Home Office to support that sort of work. I suggest that it does not.
Mr Blunt
Elements of the functions of the Youth Justice Board will be brought into the Ministry of Justice. It is not as though all the people who work for the Youth Justice Board will suddenly disappear in their entirety and we will do without them altogether. That is a highly incorrect caricature of the position. I do not want to get drawn into that argument; in introducing my reply to the debate, I was making a general point about the approach that will differentiate this Administration from their predecessor. Evidence will be used to pursue policies that will focus on what is achieved and what outputs are delivered, rather than a policy that mandates inputs and targets and oversees professionals in the way that we have seen over the past 13 years. In the end, that has enervated people’s professionalism and detracted from the important task that we give them in offender management.
The hon. Member for Bishop Auckland asked about prison places. She seemed to be under the impression that we had announced the construction of 10,000 fewer prison places. That is not the case. The only announcement that we made was the deferring of the first of the prisons in the new prisons programme, which was to produce a net increase of only about 2,000 places. It is a new-for-old programme. It would have created five 1,500 place prisons—that is 7,500 places—and would have seen the removal from the estate of 5,500 of the older and less efficient places elsewhere in the system, so the figure is not 10,000; it is 2,000. That decision has simply been deferred, and in any event those prison places would have been highly unlikely to come on-stream during this spending review period. As they were proper privately financed schemes, they will continue to be assessed and there may well continue to be an economic case for them. However, given the other changes that we shall now have to examine in prison capacity, we are looking at closures of other prisons to arrive at a position whereby we can accommodate, in our estimate, about 82,000 prisoners at the end of this Parliament.
We need to remember that we inherited in May a position in which it was anticipated that there would be 96,000 prisoners by the end of the Parliament. There have been some changes to the number of people now being sent to prison. We are trying to identify why the trend has not been rising as steeply as one would have expected through the summer and autumn months. That may have something to do with the change of climate that has come with the end of the political arms race on this issue.
At this point, I should like to draw attention to the Select Committee’s report, which stated:
“If we are to avoid a continuation of the ‘arms race’ on being ‘tough on crime’, which dates back to the early 1990s, means must be found for encouraging and informing sensible, thoughtful and rational public debate and policy development on the appropriate balance and focus of resources.”
I think that we would accept that the Lord Chancellor has led that change of view, and both he and I now enjoy the warm appreciation of certain sections of the media for having done so, but what is welcome is that the bipartisanship between the two coalition parties now seems to have extended to the principal Opposition party with the election of the new Leader of the Opposition, who specifically endorsed the criminal justice policies of the new Administration in dissing the inheritance of his own period in government as implicitly the wrong approach.
Sir Alan Beith
Now that we are having a more rational political debate about criminal justice policy, I hope that the hon. Gentleman and his colleagues will do what they can—we will certainly do what we can—to encourage a more rational debate in some sections of the media. We found when we talked to people in other countries, including Germany and Finland, that the media in those countries did not present the arguments about crime in the way in which they are presented in some sections of the media here, where the argument is always that the sentence should have been longer. In other countries, the issue is debated much more responsibly.
Mr Blunt
If my right hon. Friend can find a way of pulling off that piece of alchemy, it would be extremely welcome. It would certainly be a very welcome development in intelligent policy making. As the right hon. Member for Cardiff South and Penarth (Alun Michael) said, this is a question not just of the Government changing the rhetoric but of Parliament addressing the issue, and now we are in a position to do so because in essence all three main parties are in the same place on going for evidence-based policy making. That is a welcome change from policy-based evidence making.
Tony Baldry
One of the glories of the coalition is that some of our colleagues are wondrously optimistic. The reality is that certain sections of the press never report this issue fairly. Will my hon. Friend acknowledge that what we collectively have to do is to accept that as a given and press on regardless? The proof will come at the end of the day when we have reduced reoffending rates and, as a consequence, reduced the amount of money that we have to spend on prisons. However, the idea that the Poujadist press will suddenly wake up and see that that is good news is away with the fairies.
Alun Michael
I counsel the Minister that now is the time, when there is still something of a honeymoon going on, for him to build bridges across the Chamber as well. Contributions that are a little less partisan and some recognition of the considerable achievements of the last Government would help to create the consensus across the Chamber that will be very important for Ministers in future, as well as for good practice in Parliament.
Mr Blunt
I can well understand, given the quality of the inheritance that we received, why the right hon. Gentleman would be anxious for me to pursue that line.
Let me comment on some of the other contributions to the debate. My hon. Friend the Member for South Swindon (Mr Buckland) made the point that we can be either smart or stupid about our attitude to crime. He spoke about the need for confidence in community sentences, to which I want to return.
The hon. Member for Dwyfor Meirionnydd (Mr Llwyd) was kind enough to take interventions from me in relation to his experience of a veterans court in the United States. I re-emphasise that I shall want to consider the evidence that he provides to me in that area. I just caution him to be slightly careful, in terms of commenting on leaks, numbers of job losses and everything else, about taking the opinion of some trade unions in this area too directly. Their record of accuracy is not highly precise. The National Association of Probation Officers over-estimated the number of veterans in the justice system by about a factor of three.
Mr Llwyd
With respect, I can answer that straight away. NAPO estimated that about 8,500 service veterans—9%—were in prison. The Government scoping exercise excluded those under 21, reservists, of whom there are many in Afghanistan as we speak, women and those who served in Northern Ireland. If we process them back in, the figure is 9%.
Mr Blunt
I fear not. A very careful study by the Defence Analytical Services Agency assessed the number at 3.5%, but let us not be diverted by that. I was making a wider point about the reliability of the people whom the hon. Gentleman was adducing in evidence. I think that as the position becomes clear with regard to the consequences of the spending review, the probation service will realise that the Lord Chancellor has batted for it in a particularly effective way. If we are to address issues and change the balance in relation to short sentences—we do not expect any savings in terms of the prison system if there are changes in patterns and fewer people being given short sentences—the first thing to say is that we will not end the capacity of the magistracy and the judiciary to use short prison sentences if they feel that that is necessary, but we would obviously hope that their use would be reduced. That means either community sentences or longer sentences. Those are the two alternatives that arise from it, so it would be unwise to assume any reduction in the overall number of prison places required, as a result of a change in policy in that area, because some of the changes will involve people going to prison for longer so that they can be effectively rehabilitated within the safety of custody.
The other point that I want to make to the hon. Gentleman is that the public sector is not the only source of money. I commend to him the social investment model that has begun at Peterborough; it is a model that we will wish to widen. If we can get external investors to invest, so that savings can be made—that is much at the centre of the principle of the justice reinvestment report—it frankly does not matter where that extra capacity comes from.
In the end, this is not about just money; there is an enormous capacity in the community. In the voluntary sector, the charitable community and the private sector there are people who want to give their services, in whatever form, to the Ministry of Justice and to the state, to help us with the task of rehabilitating offenders. At the moment, our system is not very good at making it easy for those people to give their services, or to sell them to us, on a not-for-profit or indeed a for-profit basis, to grow this country’s capacity to deliver rehabilitation. The responsibility that sits on me now, in terms of designing the policies—on rehabilitation in particular—that we will present in the Green Paper, is to create a system that will make it that much easier for us to draw on the capacity that is sitting out there in the country; to ensure that in co-ordination with the existing state services, in probation and elsewhere, we can deliver a much more effective rehabilitation package than we do today. This is not about replacing those services but about adding to them.
The other half of that process is to ensure that all the existing state services, particularly those delivered at a local level, are co-ordinated that much more effectively, to deliver the interventions that are needed to address the multifaceted problems that normally afflict most people who are on a cycle of reoffending and who need particular help to break free from that.
My hon. Friend the Member for Banbury (Tony Baldry) referred to our right hon. Friend the Secretary of State for Work and Pensions, and to the very good report that he oversaw as chairman of the Commission for Social Justice. Early intervention is not about just the criminal justice system but about what I have described as the entire life cycle of the offender and the potential offender, and that is why I have a place on the Social Justice Cabinet Committee, which is chaired by my right hon. Friend, precisely to start making interventions earlier and earlier in the process. It is about trying to keep children out of care. It is about looking at the whole business of family intervention programmes for when the indicators start arriving, such as when children are excluded from school and are sent to pupil referral units. Good work was done by the previous Administration, and I happily acknowledge that, but we have to encourage a culture in which we invest early to prevent problems later. At the same time, we are of course left with the responsibility of dealing with the problems that we have now, which is why it is essential to create extra capacity, in whatever form we can.
The hon. Member for Kingston upon Hull East (Karl Turner), who I think will make a welcome contribution to the work of the Justice Committee, acknowledged that the previous Administration were perhaps not as tough on the causes of crime as they might have been. When the then Leader of the Opposition coined the slogan, “Tough on crime, tough on the causes of crime,” that slogan was empty, as is now clear in his own diaries and in his account. The policies to deliver on that had not been developed when the slogan was coined in 1994, and that is one of the dangers of dealing in rhetoric without there being the reality underlying it and—[Interruption.] The right hon. Member for Cardiff South and Penarth is chuntering. The policies began to be developed from that point on, but at that point they did not exist. One has to be careful about the catchphrase that sounds great but does not have the policies—
Mrs Anne Main (in the Chair)
Order. I ask the right hon. Gentleman not to intervene from a sedentary position.
Mr Blunt
There is, however, much in the Committee’s impressive report that resonates with this Government’s plans for overhauling our approach to the rehabilitation of offenders. We share the concern that the size of the prison population is not just a numbers game, and we want to target investment where it is most needed. Most important, we know that we need to place successful rehabilitation at the heart of the criminal justice system, so that we can prevent people from becoming the victims of tomorrow. The forthcoming Green Paper on rehabilitation and sentencing will set out our plans for bringing about real and enduring changes in our approach to reducing reoffending. It will also bring much-needed clarity to the sentencing framework. I hope that members of the new Justice Committee and the right hon. and hon. Members here this afternoon will find much in the Green Paper that reflects and addresses the concerns raised in this debate.
We face huge challenges, and we will clearly work closely with other Departments. I have been asked on more than one occasion about our relationship with the Department of Health on the issues of mental health and addiction, and I am very pleased to be able to report that the Ministry of Justice is getting great commitment and interest from the Ministers and the senior officials in the Department. I am extremely hopeful that we will be able to build significantly on the position that we inherit.
The excellent report that we have debated this afternoon has already informed the thinking of the new Administration, and I suppose that that is hardly surprising. The report is consistent with the direction of travel in criminal justice, and we will present our views in the Green Paper. But again, it is a Green Paper, and we look forward to my right hon. Friend and the members of his Committee making a contribution in response. There is no monopoly on wisdom in this area, and we are open to listening to evidence as it comes in and to trying to find ways of ensuring that successful approaches to widening rehabilitation can be adopted by the whole criminal justice system. If the new Justice Committee is as well informed and authoritative as the report of the previous Committee, I am quite sure that it will do a signal service to our country during this Parliament.