Probation Service

(Limited Text - Ministerial Extracts only)

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Wednesday 30th October 2013

(11 years ago)

Commons Chamber
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Lord Grayling Portrait The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
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I beg to move an amendment, to leave out from “House” to the end of the Question and add:

“applauds the work already carried out by probation trusts and other agencies to turn offenders away from crime; and welcomes the Government’s proposals to build on that work to further reduce re-offending by extending support after release to offenders given short custodial sentences, introducing an unprecedented nationwide through-the-prison-gate resettlement service so that offenders are given continuous support by one provider from custody into the community, harnessing the skills and experience of trained professionals and the innovation and versatility of voluntary and private sector providers to support the rehabilitation of low and medium risk offenders and creating a new National Probation Service that will work to protect the public and will directly manage those offenders who pose a high risk of serious harm to the public.”

It is an enormous pleasure to be debating under your chairmanship, Madam Deputy Speaker. It is great to see you in the Chair. The amendment is in my name and the names of the Prime Minister and our right hon. Friends.

The House has sat and listened for the past half hour to a party that has absolutely no idea how to tackle what I believe to be Britain’s biggest crime problem. The Labour party did nothing about the problem in all of the 13 years it was in government. This Government will not repeat that record of failure. We are determined to break the depressing merry-go-round of crime. In this country, we have a cycle of reoffending that has a dreadful impact on the lives of decent, hard-working members of society, and that creates needless numbers of victims in our communities.

Toby Perkins Portrait Toby Perkins (Chesterfield) (Lab)
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Will the Secretary of State give way?

Lord Grayling Portrait Chris Grayling
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I will make some progress before giving way to hon. Members. Let me get established first.

The reality is that crime in Britain is falling, which is good. There are fewer first-time criminals, which is also good. However, increasingly, crime is committed by people who have offended previously, who are going around and around the system. Reoffending in Britain has barely changed in a decade—it rose again in the past year. It is as high as it was five years ago when the trusts were formed and the reforms were introduced.

Just yesterday, we released statistics that paint a grim picture of reoffending in this country. More than 148,000 criminals convicted or cautioned in the past year had at least 15 previous convictions or cautions. More than 500,000 offenders had at least one previous conviction or caution, including 95% of those given short sentences of less than 12 months. That group of offenders—prisoners who are released from short sentences of less than a year—have long been neglected by the system. They are at the heart of what we want to achieve.

Steve Brine Portrait Steve Brine
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Will the Lord Chancellor give way?

Lord Grayling Portrait Chris Grayling
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I will give way in a moment.

The overall reoffending rates of that group are shocking. In the year to September 2011, nearly 60% of them went on to commit a further crime. Nearly 85,000 further crimes were committed by the group who walk out of prison with £46 in their pockets and get little or no support to get their lives back together and turn away from crime.

Toby Perkins Portrait Toby Perkins
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It is possible that the Secretary of State is right and that the experts whom he believes are wrong are wrong. However, surely in the interests of democratic accountability, a radical change of the sort he proposes should be debated properly in the House and the other place. Why is he so frightened of proper scrutiny of his policies?

Lord Grayling Portrait Chris Grayling
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I am not frightened, and I will talk about the legislative base later. I am not frightened to debate—I am here today debating. We are doing the right thing.

Steve Brine Portrait Steve Brine
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The figures that the Lord Chancellor gives are shocking and, in many ways, a disgrace to our country. Is not one reason for the figures that there is no through-the-gate system from custody to community? The new resettlement prisons—I am glad that Her Majesty’s prison Winchester is part of the proposals—are part of putting that failed system right.

Lord Grayling Portrait Chris Grayling
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We are trying to do the things that experts have told us need to happen. They tell us that we need to support people through the gate and support those who have sentences on the edge of 12 months.

Sadiq Khan Portrait Sadiq Khan
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We are not against that.

Lord Grayling Portrait Chris Grayling
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The right hon. Gentleman says that he is not against that, but Labour Members have come up with no suggestions whatever on how to achieve it, and did not do so in 13 years in government. This Government will make that difference. The reason is that that group of people—the ones who walk the streets with £46 in their pocket—are being abandoned by the system. Many have deep-rooted problems, such as drug, mental health and educational problems. We currently expect them to change on their own. When we do nothing, they carry on reoffending, which means more victims and more ruined lives. As my hon. Friend the Member for Gloucester (Richard Graham) has said, it also means a cost, as estimated by the National Audit Office, of between £9.5 billion and £13 billion a year.

Richard Graham Portrait Richard Graham
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Is my right hon. Friend as surprised as I am that the shadow Justice Secretary gave little recognition to the gravity of the problem; that, in his motion, there is nothing—not a single word—on how to reduce reoffending; and that the motion is simply a negative approach to the Government’s proposals?

Lord Grayling Portrait Chris Grayling
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My hon. Friend is absolutely right. All the Opposition are doing is opposing. I hear no suggestions, but we heard no suggestions from the Labour Government. We have heard from the right hon. Member for Tooting (Sadiq Khan) on many occasions in the past few months. On 17 July, he said:

“But I also know that the status quo is not an option. Re-offending rates are too high.”

He has also said that we need to target specific groups, such as those who receive short sentences, many of whom are in the revolving door of reoffending. However, we heard nothing about that in his speech to his party conference this year, and there is nothing about it in the motion. The truth is that he has no plan.

Worse than having no plan, the Opposition did nothing in government. They had the chance to tackle the problem of support for short-sentence offenders when they were in office. In 2003, they legislated for custody plus, a highly complex and bureaucratic system, but at least it was trying to address the problem. However, in February 2006, the hon. Member for Slough (Fiona Mactaggart), who was the Minister at the time, said:

“We intend to introduce Custody Plus in the autumn of 2006.”—[Official Report, 6 February 2006; Vol. 442, c. 934W.]

Only five months later, the then Government said that they would not implement the new sentence of custody plus. In November 2007, the right hon. Member for Delyn (Mr Hanson) said:

“No decision has yet been taken as to when custody plus will be introduced.”—[Official Report, 21 November 2007; Vol. 467, c. 946W.]

In February 2010, just before the general election, Lord Barker said in the other place:

“Resource constraints have meant that we have been unable thus far to implement custody plus and there is no prospect of doing so in the near future.”—[Official Report, House of Lords, 3 February 2010; Vol. 505, c. 17WS.]

They opted out of their plan to tackle the problem that we are going to solve. They said that they could not do it, and it has been left to this Government to come up with a plan that will deliver real change.

Gerry Sutcliffe Portrait Mr Gerry Sutcliffe (Bradford South) (Lab)
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I was a Minister in that Department, and the Lord Chancellor is wrong to say that nothing was done in our 13 years. We created the probation trusts, in the face of great resistance from his party, which voted against the Bill. In the Government’s plans, the multi-agency protection agreements between the police, the probation service and the criminal justice system will be kept in the public sector for the most serious offenders. Why will the rest go to the private sector when the risk register shows that there is concern about those people who go from a low or medium risk to high risk?

Lord Grayling Portrait Chris Grayling
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Let me address the issue of the risk register. The previous Government produced risk registers, but they never published them. A risk register is an internal working document designed to tell the team working on a project the steps that they need to take to ensure that untoward things do not happen. One of the things that we are doing in planning this project is, of course, aiming to deliver a transition that is as seamless as possible and protect the public. The difference this will make is to provide supervision for those people who are walking the streets and committing crimes, leading to more victims of crime today. That is what these reforms are all about.

Grahame Morris Portrait Grahame M. Morris (Easington) (Lab)
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If the Minister is interested in providing a quality service, why have probation trusts been forbidden to bid to run the new community rehabilitation companies? The trusts have the expertise.

Lord Grayling Portrait Chris Grayling
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Our probation staff are not prohibited from bidding. We have teams of staff who are preparing mutual bids, some of which will, I hope, be successful. They are receiving help from the Cabinet Office to do so, and we are hoping to see members of our current team take this opportunity, win contracts, and go on to make a real difference.

Caroline Lucas Portrait Caroline Lucas
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The Government claim that private providers will have the tools they need to assess offender risks, but the proposals refer to a new and untried risk of serious recidivism model. Is the Minister aware of concerns that that could lead to private companies wrongly assessing the most serious cases—those with low risk of recidivism but high on the risk of harm, such as convicted murderers and rape offenders—and will he commit, in the interests of public safety, to proper piloting and external validation of any new tool before its implementation and before the creation of community rehabilitation companies?

Lord Grayling Portrait Chris Grayling
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We intend to use the same systems across the public, private and voluntary sectors—that is enormously important—so that there will be no question of people using different systems. It will be part of the contracting structure that what the public national probation service, working with the most serious offenders, uses will also be used by contractors.

Rehman Chishti Portrait Rehman Chishti (Gillingham and Rainham) (Con)
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Does the Secretary of State agree that the Opposition have no right to lecture us on the criminal justice system, as they released tens of thousands of prisoners early, which undermined the public’s trust in the criminal justice system?

Lord Grayling Portrait Chris Grayling
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My hon. Friend is absolutely right. Of course, what we hear is a party that has changed completely. When Labour Members talk about the outsourcing agenda, they tend to forget that they were the people who drove the outsourcing agenda. They were the people who said that prisons could and should be run in the private sector. They were the people who said that electronic monitoring could and should be run in the private sector. A volte-face has taken Labour back to being an old-fashioned left-wing socialist party, and they are now pretending that none of that happened, but I can assure them that it did.

David Burrowes Portrait Mr Burrowes
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Do not the Opposition have a one-sided view of expertise? From my involvement in the criminal justice system as a defence solicitor, I know the expertise of probation officers. That needs to be shared and transferred, and they need to be able to bid for contracts, but we have to recognise that expertise is not just in the public sector—there is expertise in the voluntary sector and the private sector. For example, is anyone saying that St Giles Trust, which supports people into work and housing, does not have expertise? Let us have a balanced view about allowing more people to be involved in the business of rehabilitation.

Lord Grayling Portrait Chris Grayling
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My hon. Friend is absolutely right. That is what we hope to achieve. This is not about handing probation to big companies, but bringing in the right expertise from the private, voluntary and community sectors to reinforce the work of the public sector, and to bring new ideas and approaches to rehabilitation. The great irony is that in the debate on the Offender Management Act 2007, Labour Members talked about the benefit of bringing together the skills of the public, private, voluntary and community sectors. Owing to the new, union-dominated agenda they are pursuing, they have abandoned all that and are now saying that anything that involves anybody else is simply not good, and that is not good enough.

None Portrait Several hon. Members
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Lord Grayling Portrait Chris Grayling
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I will make some progress and then take some interventions.

There has been talk about the categories of low and medium risk, something the right hon. Member for Tooting refers to regularly. The categories come from the current system—it is how the current probation system works. We will build on that in the new system.

We will not do business with anyone who cannot demonstrate the right expertise in preventing reoffending. The hon. Member for North Durham (Mr Jones) made the valid point that there are many good community and voluntary sector organisations doing excellent work in this field. I want more of that work to be part of what we do in the probation sector.

Richard Graham Portrait Richard Graham
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What my right hon. Friend says about the variety of organisations that have something important to contribute on rehabilitation is surely something we all recognise in our own constituencies. Will he confirm for the record that there is nothing to prevent—indeed, lots to encourage—the Gloucestershire and Wiltshire probation trusts from getting together and bidding with a business for rehabilitation contracts?

Lord Grayling Portrait Chris Grayling
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Not only that; we are encouraging our management teams from trusts. We cannot contract on a payment-by-results basis with ourselves, but the Cabinet Office is investing money to encourage and support teams of staff who want to take over the business, run it and be free to innovate.

Pat McFadden Portrait Mr Pat McFadden (Wolverhampton South East) (Lab)
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The Lord Chancellor is being generous in giving way. Let me make it clear that I believe there is valuable expertise among the many charities that work with offenders on some of the problems he has raised—on mental health, alcohol and drugs—but can he define medium-risk offenders? What offences is he talking about? How does he deal with the point that was raised earlier about offenders who fluctuate between medium risk and high risk? If there is a logic to keeping the management of high-risk offenders in the current system, what is the logic for those who fluctuate between the two?

Lord Grayling Portrait Chris Grayling
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Let me answer that question specifically. First, the categorisations are existing categorisations—they are not mine—and are part of a triage process within the existing probation system that we will continue to use. Secondly, on moving people from one category to another, it will be the responsibility of a national probation trust to carry out risk assessments at the beginning, or later if circumstances change that require a new assessment to take place. The two organisations will be in part co-located, so it will not be a complicated bureaucratic process—people will be sitting in the same office. The national probation service will carry out assessments when they need to be carried out. I can explain this to the right hon. Gentleman separately and at much greater length if he would like, but that is how it will work.

On voluntary sector organisations, we are making absolutely sure that smaller organisations have a place at the table.

The shadow Justice Secretary’s comments about the Work programme were complete nonsense. When I left the Department for Work and Pensions, the voluntary sector was supporting about 150,000 people. It was by far the biggest voluntary sector programme of its kind ever seen in this country, with organisations such as the Papworth Trust delivering the programme across large areas of the country and making a real difference. I pay tribute to those charities. The story about bid candy is simply not true. In the two years I was employment Minister, fewer than 10 of the 250 to 300 voluntary sector organisations involved left the programme, and all of them did so for reasons unconnected with the programme. So I am afraid he is plain wrong.

Sadiq Khan Portrait Sadiq Khan
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indicated dissent.

Lord Grayling Portrait Chris Grayling
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Well, I did the job.

Section 3 of the 2007 Act provides a clear and unambiguous power for the Secretary of State to

“make contractual or other arrangements with any other person for the making of the probation provision.”

On Second Reading, the then Home Secretary said:

“The Secretary of State, not the probation boards, will be responsible for ensuring service provision by entering into contracts with the public, private or voluntary sectors. With that burden lifted, the public sector can play to its strengths while others play to theirs.”—[Official Report, 11 December 2006; Vol. 454, c. 593.]

I could not have described our plans better. Furthermore, on Report, the hon. Member for Bradford South (Mr Sutcliffe) said:

“Most services will be commissioned from lead providers at area level, which will sub-contract to a range of other providers.”—[Official Report, 28 February 2007; Vol. 457, c. 960.]

Again, that is very close to the plans before the House today. The shadow Justice Secretary must also know that in another place Baroness Scotland said that the Act

“places the statutory duty with the Secretary of State, who then commissions the majority of services through a lead provider”.—[Official Report, House of Lords, 27 June 2007; Vol. 693, c. 639.]

We have two options. Either the Opposition are not being up front with the House about what they really intended to do in the 2007 Act, or they were so incompetent they did not know what they were doing. The House can choose which is most likely.

Lord Hanson of Flint Portrait Mr Hanson
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The golden thread through the 2007 Act was public sector management of all offenders—low and medium-level and serious offenders—supported by the commissioning of the type of services the Justice Secretary wants on health, mental health and alcohol and drug treatment from the voluntary and private sector, but the public sector has to be responsible for managing offenders.

Lord Grayling Portrait Chris Grayling
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I repeat, from the 2007 Act:

“The Secretary of State may make contractual or other arrangements with any other person for the making of the probation provision.”

That is clear, to my mind. It might not have been what Labour intended, but it is what the power does, and it is the legal basis we are using for pushing ahead with these reforms.

We will give providers the flexibility to do what works and free them from Whitehall bureaucracy, and the deal is that they get paid in full only for real reductions in reoffending, which is a good deal for victims and the taxpayer. Despite what the shadow Justice Secretary says about the Work programme, it has now helped many hundreds of thousands of the long-term unemployed. He talks about low-hanging fruit—these are people who had been unable to find a job through Jobcentre Plus in over a year.

The Opposition are missing one other important point. The shadow Justice Secretary talked about piloting, but the pilot programme delivering clear improvements in the level of reoffending that is closest to what I want to achieve around the country is in Peterborough. It is so far achieving very good results. It is impressive and I encourage Members in that area to visit. One cannot but feel that it is the right thing to do, but what the Opposition have not admitted is that it was started by Labour. I know it does not want to admit it now, but it started us on this path, and it is a sign of how absurd it has become that it wants to walk us off this path today.

On the point about public protection, the national public sector probation service we are establishing will, of course, be responsible for risk assessing all offenders supervised in the community and will retain the management of offenders who pose a high risk of serious harm to the public, who have committed the more serious offences and who require multi-agency supervision. That is right and proper. An hon. Member—I cannot remember which one—made a point about the working day. I would rather the supervision of highest-risk offenders was in the hands of dedicated experts—and it will continue to be—but having listened to people talk about inexperienced individuals and companies coming in, I think it is worth pointing out that after these reforms, it will be the same teams looking after low and medium-risk offenders as are looking after them now. Only over time will we see the work force evolve so that the expertise in the voluntary sector becomes part of the mix, with former offenders who have turned their lives around influencing young offenders and encouraging them not to do it again.

Natascha Engel Portrait Natascha Engel (North East Derbyshire) (Lab)
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What I cannot understand is how the transition between low, medium and high risk will work. We all know that people’s circumstances can fluctuate in those situations. If, as the Secretary of State said in response to my right hon. Friend the Member for Wolverhampton South East (Mr McFadden), the changes are not particularly dramatic, why are the Government pushing them through? If, however, they are dramatic, there will be a disjoin. How does the right hon. Gentleman propose to deal with that?

Lord Grayling Portrait Chris Grayling
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As I have said, it will be a simple process. The national probation service team will be responsible for risk assessment. They will have a duty to carry out a new assessment when a person’s circumstances change, and it will be the duty of the provider to notify the team of any material change of circumstances. They will be co-located, and when an offender becomes a high-risk offender, they will be taken back under the supervision of the national probation service. This is about people sitting in the same office and working together, just as people work together in any office environment.

Steve Brine Portrait Steve Brine
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We have ascertained that Labour accepts the need to bring in other providers to deal with people who are serving fewer than 12 months. The Secretary of State has read out the relevant legislation; it is there in black and white. The Peterborough pilot was introduced by Labour, and we understand that Labour Members are very proud of it. So what does my right hon. Friend think lies behind the outrage being expressed this afternoon at our proposals to drive down the reoffending rates that are costing our constituents billions of pounds?

Lord Grayling Portrait Chris Grayling
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I can only think that it is because the Labour Government could not find a way to do that themselves, or perhaps because Labour has reverted politically to where we all know it belongs and is now ideologically opposed to this kind of approach. It is a party that used to believe that outsourcing part of what we did could make a difference, but it has clearly changed that view now.

It is worth mentioning the creation of resettlement prisons. If we are to deliver rehabilitation that prevents reoffending, it is really important that we have a proper through-the-gate service. My hon. Friend the Member for Winchester (Steve Brine) mentioned the prison in Winchester, which will be one of the network of 82 resettlement prisons in which people will, whenever possible, spend the last few months of a longer sentence, or the whole of a shorter one. Those prisons will provide a proper through-the-gate service that will also prevent reoffending.

We must remember why we are doing all this. The Opposition want us to wait for years before doing anything; they do not want us to take this approach. I have a different view: I think that we cannot afford not to act now. Every day of every week, innocent people are the victims of crimes committed by offenders who have just left prison without getting any supervision whatever, and with wholly inadequate preparation for life back in society. Every day of every week, innocent people are the victims of crimes committed by offenders who could be turned away from a life of crime if only there were someone there to help them to do that. That is a scandalous situation, but there are ways for us to solve it. This should never have been allowed to happen in the first place, but our reforms will change things for the better.

None Portrait Several hon. Members
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Richard Drax Portrait Richard Drax
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I hear the statistics from the right hon. Gentleman, and on my right, my hon. Friend the Member for Finchley and Golders Green (Mike Freer), says that they are wrong. I was expressing the concerns of my constituents that there will inevitably be some potential confusion between the two organisations. I have been told by probation officers that what is vital and successful at the moment is the fact that they can keep an eye on someone and there is no need to think, “What happens if they go there? Who is going to deal with that? Will they slip through the net?”

Jeremy Wright Portrait The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
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It might help if I clarify the position at this stage. In answer to the right hon. Member for Wentworth and Dearne (John Healey), I was shaking my head because when someone is categorised by the national probation service as moving from medium risk to high risk, they will stay with that service. There will be no passing to and fro when that allocation process has taken place.

Richard Drax Portrait Richard Drax
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I am most grateful to the Minister although that still leaves a slight query about those categorised as low risk. What happens if, as I mentioned in my speech, someone moves from low risk to high risk?

Richard Drax Portrait Richard Drax
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I am most grateful to the Minister for intervening.

My other concern is that probation officers are concerned about their careers because when they join they have, as I understand it, a mixed portfolio—some offenders are low risk, some medium risk and some high risk. If the probation officer is a member of the CRC, they will inevitably end up with high-risk offenders all the time. I am told that the pressures on those who look after those offenders—who are potentially dangerous—is immense. At the moment, because probation officers have a mixed portfolio, they welcome the fact that they do not have that continual assault on their time. I would be grateful if when he concludes, the Minister commented on career prospects for those probation officers who will still be in the probation service run by the public sector.

Finally, my probation officers would argue that we should run the probation service for all offenders, rather than arbitrarily dividing them into high, low or medium risk and artificially separating them. We heard earlier that three councils have asked the Government whether the proposals could be delayed for further consideration, and I would be grateful if the Minister told the House whether that is being considered because of all the issues that have been raised, not least in the Chamber this afternoon.

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Jeremy Wright Portrait The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
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I thank all right hon. and hon. Members who have spoken and apologise to some for the fact that I will not be able to deal in detail with what they have said. In particular, I should apologise to the hon. Member for North East Derbyshire (Natascha Engel), because she kindly donated two minutes of her time but some of her Labour colleagues have stolen it back. I am sorry about that, but I will do my best to answer what has been said.

There is no contradiction between two things that have been said in this debate. The first is that good work is being done up and down the country by probation officers. The second is that there is a need for change. I accept that a good deal of good work is being done by probation officers, but they, too, would say that we are simply not doing well enough on reoffending rates, which are far too high; half of those released from custody are reoffending within 12 months, despite our spending 70% more on probation over the past 10 years.

There are two key advantages in what the Government propose to do. The first is that we bring innovation and good new ideas into the management of offenders. Many hon. Members on both sides of the House have mentioned good voluntary sector organisations that do exactly that sort of work. We want to see them do more, and it is important to bring them more into rehabilitation work—our reforms will do that. That point was made by, among others, my hon. Friend the Member for Blackpool North and Cleveleys (Paul Maynard).

The second huge advantage to what we are proposing is that we bring into the ambit of rehabilitation those offenders who at the moment have very little or no rehabilitation—those who receive sentences of 12 months or less. I detected very little disagreement across the House about that. My hon. and learned Friend the Member for Harborough (Sir Edward Garnier) summed up the case for doing that passionately and well; we have overlooked those people and we should not do so because it is not in our interests to do so, as those are the offenders with the highest rates of reoffending and it is very important that we deal with them. It is also important that we deal effectively with support through the gate, so that people do not reach the cliff edge that he so well described.

The question, surely, for Labour Members, not least those on the Front Bench, is this: if they do not like our way of doing those things, which they agree are worth while, what is their way? I heard not a word of an alternative solution to the problems they accurately describe, except of course that the probation trusts should do it all themselves.

Interestingly, the right hon. Member for Wentworth and Dearne (John Healey) suggested that we should simply ask the probation trusts to do the work. I was rather surprised to hear that from an ex-Treasury Minister, because it would have an additional cost. I suspect that had I gone to him as a Treasury Minister—he was a very good one in his day—and said that I wanted the probation trusts to do more and wanted the money to pay for it, it is likely that he would have told me to ask the probation system to do better with the money it already received. That is exactly what we are proposing. We must make taxpayers’ money work better; that is hugely important.

Some concerns have been expressed and we take them seriously. I want to pick up on as many as I can. The first concerns the principle of payment by results, which, it seems to me, is perfectly sensible. We want the taxpayer to pay for those things that work and not for those that do not. That is at the root of payment by results. I am confused, however, about the Opposition’s view: is it that we should not have payment by results or that we should have more? Both views seem to have been expressed.

Baroness Chapman of Darlington Portrait Jenny Chapman
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On the issue of payment by results, how much of the contract will be paid regardless of the results? Any more than 90% is not payment by results—it is just leaving a tip.

Jeremy Wright Portrait Jeremy Wright
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As I have said to the hon. Lady before, this is a process that we are going through with those who will be involved in the system—

Sadiq Khan Portrait Sadiq Khan
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You don’t know.

Jeremy Wright Portrait Jeremy Wright
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I am confused—[Interruption.]

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Order. Those on the Opposition Front Bench should listen to the answer to the question that was asked in an intervention after the Minister gave way. We will do things in an orderly manner.

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Jeremy Wright Portrait Jeremy Wright
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I am confused, Mr Deputy Speaker, about what I am being asked to do. Am I being asked to pay a bigger percentage by results or am I being asked not to do it at all? I do not think that the Opposition know.

I have also been asked whether the system will involve contractors passing back difficult cases. That will not happen for two reasons. First, the decision on whether an offender has become a high-risk offender will be taken by the national probation service—that means public sector probation officers—not the private sector. Secondly, if such a thing were to happen, the individual offender would stay within the cohort for the provider, so there would be no financial incentive to pass them back.

Another concern was whether the cheapest bidder would win and whether quality would not matter. That would absolutely not be the case. We will assess the bids not just on price but on the quality offering. That will include, incidentally, bidders’ ability to work in the partnerships that the right hon. Member for Wythenshawe and Sale East (Paul Goggins) rightly described as important, whether through integrated offender management or other less formal arrangements.

I have been asked why probation trusts cannot bid. My right hon. Friend the Secretary of State explained that we do not see how a public sector body can bid for a payment-by-results contract. That does not mean, however, that people who work in probation trusts now cannot bid for work as part of a mutual, as my hon. Friend the Member for Blackpool North and Cleveleys suggested. We want to see that happen.

There are two major concerns, are there not? First, the Opposition say we are doing this too fast, but I make no apologies whatever for acting quickly in this matter. As long as we wait, new victims will be created by those who reoffend. We can do something about that and we should. Secondly, the Opposition say that the decision is ideological. Let me tell the House what is ideological: saying, “It doesn’t matter how good your ideas are or how effective they’ll be. If you come from the private sector, we’re not interested.” That is the Opposition’s view; that is ideology if ever I saw it. We believe that what works is what should be done. That is what we propose and that is what our reforms have suggested. There is no alternative from the Opposition. I urge the House to reject this empty motion and support the amendment.

Question put (Standing Order No. 31(2)), That the original words stand part of the Question.

--- Later in debate ---
18:59

Division 115

Ayes: 223


Labour: 219
Plaid Cymru: 3
Social Democratic & Labour Party: 2
Green Party: 1

Noes: 289


Conservative: 245
Liberal Democrat: 40
Independent: 2

Question put forthwith (Standing Order No. 31(2)), That the proposed words be there added.
--- Later in debate ---
19:14

Division 116

Ayes: 278


Conservative: 240
Liberal Democrat: 35
Labour: 1
Independent: 1

Noes: 218


Labour: 215
Plaid Cymru: 3
Social Democratic & Labour Party: 2
Green Party: 1

The Deputy Speaker declared the main Question, as amended, to be agreed to (Standing Order No. 31(2)).