Offender Rehabilitation Bill [Lords]

Debate between Lord Hanson of Flint and Gordon Marsden

Tuesday 14th January 2014 Commons Chamber

[Mr Hanson]

This is the nub of the argument: I accept that the Minister believes he is acting in good faith under the Act, but what I am saying is that the interpretation I gave from the Dispatch Box, and that other Ministers gave in another place and in this House, was that the Act could not to be used for the Minister’s current purposes. My interpretation was that the Act could be used to contract the voluntary and private sector to deliver some services, but not the core probation service, which is what the Minister seeks to do. We can disagree about that—it is a matter of conjecture—and I think that the appropriateness of our comments could be tested under Pepper v. Hart.

If the Minister votes for new clause 1 he will have an opportunity to bring back new proposals and, as has been suggested, to pilot them so that we do not have to take a serious gamble and have an artificial split between public and private providers, or face the risk of cherry-picking and big companies hoovering up contracts. Moreover, we would not have the risk brought to my attention by a probation officer in my own constituency who corresponded with me this very week. She will remain anonymous because of her current status, but she said in her letter:

“This system is not tested. It’s just ideas and assumptions based on political ideologies. Knowing the work as intimately as I do I can’t tell you how risky this is.”

I know from my time in the Ministry of Justice that there will be risks and challenges in the management of offenders. One of the serious cases with which I had to deal as a Minister was when a low-level offender who was being supervised by the then London probation service broke into a property in Lewisham, close to the constituency of my hon. Friend the Member for Lewisham East (Heidi Alexander), undertook a burglary and, in doing so, murdered two individuals, set fire to them and burned the property down. The offender was given sentences of 40 and 35 years respectively and is, as we speak, serving them at Her Majesty’s pleasure. That was a low-level offender who committed a high-level offence. There is always risk.

I accept that that happened under the probation service—mistakes will happen; this is a risky business—but I am worried about the steps the Minister is taking without the pilot proposed by new clause 4 or the brake and proper parliamentary scrutiny proposed by new clause 1. That raises the risk even higher in a system that, by its very nature, is risky.

[Mr Gordon Marsden (Blackpool South) (Lab)]

On that point, does my right hon. Friend agree that there have been discussions about the difficulties of making judgments about low-risk people left in the private sector? He may recall that I raised in the House the case of Jane Clough who was murdered in the Blackpool Victoria hospital car park by her former abusive partner while he was on bail. The Government accepted the thrust of that campaign when they made changes in relation to the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Does that not show that the ability to have an artificial division between the two will not work?

[Mr Hanson]

I am grateful to my hon. Friend for mentioning that case. Given the nature of probation service business, mistakes will be made. My contention is that mistakes that might currently be made could very much be exacerbated by the fragmentation of the service and the potential downgrading of its quality, as well as by the fact that the existing public accountability will not be as clear cut.