Offender Rehabilitation Bill [HL]

Baroness Browning Excerpts

Tuesday 11th March 2014 Lords Chamber

Hear, hear to that. However, because public protection is as stake, not only would it be sensible, but it is essential that the Government’s proposed changes to the structure and provision of probation services are united with confirmation of their achievability by allowing them to be scrutinised and approved by both Houses. I accept that that will entail delay, which could have been avoided had the agenda been debated at the start. However, surely measured evolution is a more responsible approach to a duty to protect the public than the avoidable upheaval of an enforced unproven revolution. I beg to move.

[Baroness Browning (Con)]

My Lords, at this stage in the Bill, I shall be brief. I feel strongly about the probation reforms being proposed by my noble friend, but particularly those for offenders who have served less than 12 months. I say this having served in the Home Office and having spent some time looking at some of the rehabilitation programmes needed for problems such as drugs and alcohol. Many people suffering from these problems had been in custody and—particularly those with drug addictions—had contributed to the figures that we cite in this House. I quote only one: 58% of adult offenders released from sentences of less than 12 months reoffend. Governments in the past have not addressed this. There is rightly a lot of focus on those who have served longer sentences for more serious crimes. However, if my noble friend now wants to address reoffending after shorter sentences, we have learnt in both the Ministry of Justice and the Home Office that if you can find the methodology to address something at the beginning, when it is low level, you can prevent it becoming something much worse. Although in this House we often talk in terms of statistics, we are talking about lives. We are talking about the lives of victims, and in this case about the life of someone after discharge from prison. Finding a way in which we can bring people from short prison sentences to taking their place in society and reducing the recidivism that often goes with such offenders is worth while.

I listened carefully to the noble Lord, Lord Ramsbotham, whose experience we all respect. It seemed from what he said that a lot of information unavailable when this legislation was introduced is now available. However, he has concerns about government contracts. He particularly mentioned those issued by the Ministry of Justice, but I think that over many years people in both Houses would put a question mark over their confidence in government contracts of many kinds. We have all seen that they do not always deliver as promised. As somebody who has served on the Public Accounts Committee for six years, I am only too well aware, having dug into many government contracts, just how badly some of them have turned out. That applies to Governments of all political persuasions.

I wonder if there is some way, in responding to the concerns of the noble Lord, Lord Ramsbotham, and to the House, in which my noble friend can make sure that a light shines on those contracts that can be followed by Members of this House after the legislation is passed. Clearly, payment by results is built into these reforms, which in itself will give a very factual account of how successful they are. However, if I have understood the noble Lord, Lord Ramsbotham, correctly, he is looking for something that happens earlier than that, before we get to the end of the process. He is looking for reassurance that the process itself is as robust as it can be.

I say respectfully to the noble Lord that preventing the legislation progressing as it should is not perhaps the only option that the Minister could consider in making sure that those in this House who are interested in not only the outcome but the process have an opportunity to have much more information available to them. That is not to say that any process will be perfect from start to finish, but I think the noble Lord is trying to say to the Minister that we should pick up any problems earlier rather than later. If that is what he is saying, it is a very valid point to make. Could my noble friend find a way to look at this so that, if the legislation progresses as my noble friend has outlined, we could be particularly careful that the process that is followed is transparent, notwithstanding the fact that, as we all understand, commercial confidentiality is in place when contracts are initially awarded?

I hope that my noble friend will accept from me that I believe that this is a very worthwhile reform for the probation service. Many years ago, long before I came into politics, I undertook a course with the probation service and worked with it in a voluntary capacity. As a Member of Parliament, I had a great respect for, and often had to call on, the probation service on behalf of constituents. So I am somebody who values its work greatly, and I would hate to see the proposals for reform that my noble friend is bringing to the House today in any way undermined by a delay in their implementation. I am sure that he will have heard what the noble Lord, Lord Ramsbotham, said, and I hope that he will find a way through this so that the House can proceed. I believe that these reforms are much needed and that the sooner they can start, the better.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I, too, wanted to concentrate, like the noble Lord, Lord Faulks, on what has changed since a very similar amendment was debated on 25 June last year, having been moved by the noble Lord, Lord Ramsbotham. It is worth recalling that, as the noble Lord, Lord McNally, pointed out, on that vote not a single Cross-Bencher supported the Government’s position. Since then, the Bill has been through the House of Commons, the vote has been reversed and the Government have done a lot of work, as I acknowledge.

In the debate on 25 June, the noble Lord, Lord Ramsbotham, concentrated his remarks on a leaked government risk register. Since then, a second risk register has been published by the probation service in November 2013, which spoke of the likelihood that the government programme would fail to be,

“delivered either in scope or within the timescale set by ministers”.

It should be noted by noble Lords that, if it were not for the work of the noble Lord, Lord Ramsbotham, and my noble friend Lord Beecham, there would be no debate at all on the timetable for the privatisation of the probation service. It is through their initiative that we are having this series of debates in the first place.

The noble Lord, Lord Ramsbotham, quoted the Justice Committee chairman, Sir Alan Beith, so I shall not repeat that. We have also seen the Government slit the timetable, which was alluded to by the noble Lord, Lord Ramsbotham.

What I really want to say is that, although we have heard about the changes that the Government have made and about some reports, what we have seen is a sense of increasing alarm in the probation service and among probation officers themselves. The noble Lord, Lord Faulks, is shaking his head, but I, like many noble Lords, have an 18-page document from the National Association of Probation Officers which goes through the concerns that it has in detail. These concerns are now more specific than they were, as it has been able to respond to the Government putting more flesh on the bones. There is no doubting the sense of alarm among probation officers.

I believe, as I am sure do all noble Lords, that the probation service deals with some of the most dangerous people in our country and some of the most vulnerable people in our society, and that everyone who joins the probation service does so with the best of motives. We have heard about the concerns that they have about their careers changing course and being asked to take on responsibilities that they did not expect. This House owes it to the probation service to review the timetable and to follow the recommendations of the noble Lord, Lord Ramsbotham, so that we can be satisfied that we are not wrecking a probation service that has served us so well over many years.