Offender Rehabilitation Bill [HL]

Lord Ahmad of Wimbledon Excerpts

Wednesday 5th June 2013 Lords Chamber

[Lord Beecham]

My Lords, I shall resist the temptation to reach for my copy of Roget’s Thesaurus but simply confine myself to commending my noble friend Lord Bradley on the amendment and to paying tribute to his long record of very effective concern for this issue. His point about the desirability of having some knowledge of the proposed guidance on good behaviour is a matter on which the Minister should reflect. I hope, even if a final version is not available, that at least an outline of what is intended by that definition can be provided before Report. I hope that he will accept the amendment, which seems to make a great deal of sense.

I have just one further observation. It seems important that the communication and explanation recommended in the amendment should be given at the prison gate, as it were, before the prisoner leaves, not at some point afterwards. That would obviously make sense and I hope that the Minister will take that on board as well as the question of defining what would have been meant by “good behaviour” for the purposes of communication with a group who may struggle with that concept without adequate explanation being proffered.

[Lord Ahmad of Wimbledon]

My Lords, as always, I have listened with great interest. I am for ever learning when I hear such wisdom from across the House, although, when listening to the debate on rehabilitation and good behaviour, I was reminded of my childhood. I perhaps disagree with one noble and learned Lord who suggested that we are all innocent. We were all guilty in front of mother, and “rehabilitation” was not a word that she used when putting us right.

Nevertheless, I join the noble Lord, Lord Beecham, in commending and acknowledging the terrific work of the noble Lord, Lord Bradley, in this area. I also thank the noble Lord, Lord Ramsbotham, for raising this issue, and acknowledge the incredible work of the work of the Prison Reform Trust. The noble and learned Lord, Lord Woolf, said that perhaps his worth in the Prison Reform Trust was not quite recognised because he was merely the chairman. However, his worth is well recognised in your Lordships’ House, as it is in this debate.

All noble Lords who contributed referred to the importance of communication. I firmly believe that that is important in ensuring that the people we are seeking to assist understand what is being resolved for them in their lives and what is ultimately the goal—that they become productive citizens for the benefit of them, their families and society as a whole. The noble Lord, Lord Bradley, asked whether I would acknowledge the importance of the requirements of those who have learning difficulties or problems in understanding. I do so from the outset—absolutely.

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As we have heard, the problems faced by women in prison are very different. I think it is generally acknowledged, and as the noble Baroness, Lady Hamwee, said, these amendments put forward a common-sense approach. I very much hope that my noble friend Lord Judd is right when he says that the Government’s real intention is to address rehabilitation, which is a fundamental problem. This Bill introduces provisions that were not in place before. We might differ about the funding and all the rest, but the fundamental intention of this Bill is a good thing.

[Lord Ahmad of Wimbledon]

My Lords, first, I thank all noble Lords who have contributed to this debate. Again, many valid contributions have been made. I assure the noble Lord, Lord Judd, right from the beginning that of course it is the Government’s intention, as has just been acknowledged, to ensure that people in unfortunate circumstances, which they sometimes do not have control of, are actually rehabilitated and become productive citizens, as I said in our debate on the previous group of amendments, for themselves, their families and for society as whole.

I also was a bit concerned—and I must confess something here—when the noble and learned Lord, Lord Woolf, not once but twice and perhaps even thrice referred to Ministers not remaining in their place. I looked with great concern at my noble friend Lord McNally. I thought that he was indeed my friend, but perhaps that is a discussion that we shall have privately. Nevertheless, I take on board the more serious point which the noble and learned Lord made in that respect. However, it is important, as discussions thus far have demonstrated, that the principle behind this Bill and the importance that underlies it are not just respected but that every Member of your Lordships’ House, no matter where they sit in the Chamber, is committed to ensuring that this Bill, as my noble friend Lord McNally has said on a number of occasions, reflects the great expertise in your Lordships’ Chamber when it leaves this House.

This group of amendments all relate to the conditions that can be imposed as part of top-up supervision and to what the Secretary of State should have regard to when specifying the conditions that can be included or what providers of services should have regard to when directing offender activities. In short, they are all about tailoring top-up supervision to the particular needs of offenders.

Amendment 7 relates to women offenders, about whom many sentiments and points have been raised, many of which, if not all, I agree with. The amendment, in the name of the noble and learned Lord, Lord Woolf, would, as he explained very eloquently, place a duty on the Secretary of State when imposing supervision requirements to have regard to the particular needs of women. The Government fully share the noble and learned Lord’s intention and view it as essential that the justice system is properly responsive to the needs of female offenders. We know that we will rehabilitate these women who have fallen into this area and enable them to lead positive and productive lives only if we truly take account of their experiences and, more importantly, their needs.

Noble Lords will be aware that the probation service already takes a women-focused approach to female offenders. All probation trusts are required by the National Offender Management Service commissioning intentions document to make appropriate provision for women in the community to address factors associated with their reoffending, and to use third sector and private sector services where appropriate. Similarly, we expect providers to recognise and respond to the particular needs of female offenders. Therefore, in employing the new supervision requirements introduced by the Bill to female offenders, it will likewise be essential to take account of the particular needs of the case in question, including, importantly, any childcare responsibilities.

My noble friend Lady Hamwee raised the fact that stable family relationships are important in supporting rehabilitation. A failure to take childcare responsibilities into account could put at risk the very purpose of the supervision period itself. However, the Government’s view is that we do not need a statutory provision to ensure that the needs of female offenders are taken into account. The key difference is that in future all offenders, both women and men, who are serving a custodial sentence of less than 12 months will have an assessment of risks and needs. This assessment will be undertaken by prison or probation staff and will cover the key areas of need. These include accommodation, mental health needs, skills and employment, children, families and, something which many women often sadly endure, issues of domestic violence.

The Government recognise that a significant number of female prisoners are vulnerable and have complex needs. The process allows for additional time to complete the assessment in such cases, so as to ensure that all their needs are not just identified but fully understood. The information gathered by this assessment will be used to draw up a bespoke plan for the sentence in custody and in the community that takes account of and will address the particular needs of that individual. This information will also be shared with service providers in the community, so that they, too, fully understand the individual offender’s needs and can then, importantly, tailor their services to help address these needs. We are therefore confident that the needs of female offenders will be identified and taken into account when setting the new supervision requirements. Therefore, we do not believe that the noble and learned Lord’s amendment is necessary.

Amendment 9 in the name of the noble Lord, Lord Ponsonby, on mental health assessments, relates to Schedule 1, which sets out the conditions that can be applied to the top-up supervision and adds a mental health assessment requirement. I welcome the noble Lord’s focus on mental health. Addressing the mental health needs of offenders is a priority for the Government. We know that we need to do more to make sure that offenders with mental health issues do not fall through the net. We all share that sentiment; indeed, that was discussed during consideration of the previous group of amendments. However, this should be done at the earliest possible opportunity—indeed, the noble Lord himself identified that—and not at the end of the process with top-up supervision. When my noble friend and I discussed this matter with officials, we impressed upon them the need to ensure that wherever in the process this issue is raised, we seek to address it according to the individual needs of that person. Providing appropriate intervention and treatment at the right time and in the right place is vital to improving outcomes for people with mental illness.

For some offenders with severe issues, in-patient treatment under the Mental Health Act will be appropriate. For others with less serious problems, there are already many opportunities for intervention and treatment. These include mental health treatment as a requirement of the community sentence and the comprehensive screening of every offender as they arrive in prison. I will share my own experience with noble Lords, since I have been involved in this area. When I visited Peterborough prison, I saw that as prisoners entered through the prison gate, their health, training, development, language, family and cultural issues were identified. That is the kind of model that we need to be working to. As soon a prisoner enters through the prison gate, we should be looking to help to reform—a word that has been used—and rehabilitate them from that point on so that by the time they come to the end of their sentence and go out into society, and I have no qualms about repeating what I said earlier, they become productive citizens for the benefit of themselves and of society as a whole.

I understand, of course, what the noble Lord has said about mental health also being a key element of tackling reoffending. It is of course crucial that the mental health status of the offender is ascertained before any trial or sentence, which is why pre-sentence reports will continue to give assistance to the court.

We also need to ensure that more people are assessed effectively and early enough to make sure that all those with mental health issues get referred to treatment. That is why the Government are developing liaison and diversion services to be introduced into every police station and criminal court. Liaison and diversion services will enable all those who come into contact with the criminal justice system to be assessed at the outset for a range of health issues, including mental health. Where people are identified as having health needs, a referral to a treatment or appropriate services is made. That means, of course, that health needs can be taken into account at all stages of the process, including charging and sentencing decisions. Information will be shared that will support the continuity of treatment for as long as it is needed by the individual. This should mean that more people are identified and that those with responsibility for the management and care of the offender as they move through the system and come out of prison will be aware of any treatment needs.

What is needed post-release is to ensure the continuity of treatment, rather than to reassess offenders. I am sure all noble Lords agree with that objective. Our proposals include a through-the-gate service where providers will engage with offenders before release and then help them to resettle into their communities. This service will support better continuity of treatment and access. Providers will be able to support the offender to access the services they need as they return to their communities.

I also expect any mental health treatment to be addressed as a priority. Engaging with the offender before release means that the providers can seek to arrange provision immediately upon release on licence for the offender to be supported into treatment in the community. I therefore welcome this amendment, but I believe that assessments at an earlier stage, as the noble Lord has acknowledged, are likely to achieve the desired objectives.

Moving on to Amendments 10, 11 and 12 in this group, in the names of my noble friends Lady Hamwee, Lord Marks and Lord Dholakia, Amendment 10 would add a new requirement to Schedule 1, which places a duty on the supervisor giving instructions to offenders on activities as part of top-up supervision to have regard to the compatibility of the activities with the offender’s family circumstances or, indeed, importantly, childcare responsibilities. Amendment 11 would add a new provision that every requirement imposed as part of top-up supervision must be reasonable and proportionate to the purpose of top-up supervision. Amendment 12 would add to the Secretary of State’s order-making power an ability to make provision about the requirements of top-up supervision and how they may be varied by supervisors.

I of course understand why it is important that activities do not interfere with family circumstances or childcare responsibilities, and why the requirements and activities under top-up supervision should be proportionate. I say to my noble friends that the Bill already includes a number of provisions that are particularly designed to focus the top-up supervision on rehabilitation. Clause 2 explicitly states that the purpose of the top-up supervision is for the rehabilitation of the offender, and the supervisor of the offender must have regard to that purpose when supervising the offender. Schedule 1 also provides a power for the Secretary of State to make a provision about the requirements of top-up supervision and the circumstances in which they are imposed.

For many years, prison governors acting on behalf of the Secretary of State have set licence conditions for those serving custodial sentences of over 12 months. The Secretary of State and his representatives will continue to set licence and, now, top-up supervision conditions. The experienced staff who set these conditions are aware of the need to make them proportionate and relevant to the individual offender. They are aware of the need to make these requirements practical and, indeed, achievable. They will be able to amend or vary the conditions if circumstances change. Providers supervising offenders will have to refer any breach action that is to be taken to court to the public sector probation service, which will also act as a second pair of eyes in regard to the appropriateness of conditions and the circumstances of any failure to comply. In short, there are already safeguards designed to ensure that the top-up supervision is focused on rehabilitation and that the conditions are sensitive to the particular circumstances of the offender.

My noble friend Lady Hamwee raised the issue of Section 196 of the Criminal Justice Act 2003. Currently, we have no plans to amend that section, but I will look at the specific concern that she raised and if need be I will write to her in that regard. Based on the assurances that I have given, I hope that the noble and learned Lord will be minded to withdraw his amendment.

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[Lord Beecham]

My Lords, the amendment relates to new Schedule 19A, which deals with supervision default orders and incorporates new provisions in the Criminal Justice Act 2003. The amendment addresses the issue of the unpaid work requirement embodied in new sub-paragraph (2)(a).

It is a straightforward amendment that might not be necessary. To be frank, I do not know the Government’s current thinking or, for that matter, the present state of the law. However, if unpaid work is to be required it should not be to the profit of a private sector organisation that is in the business of, perfectly legitimately, generating profits. If unpaid work is to be done, it should be for a public body or a social purpose. Obviously it is important that people have the opportunity to develop skills. It is also good that the discipline of work should apply. That is very much part of the rehabilitation process, which is not always easy to achieve. Unpaid work might be very helpful in that respect. However, I repeat that it would be wrong if that work were to the financial advantage of a profit-making organisation. One could well envisage placements with voluntary organisations, local authorities or whatever, which would be perfectly reasonable and satisfactory.

I hope the Minister can assure us about that. Otherwise, we might have to return to this issue on Report because it is an important point. We hear too much of what can only be described as bogus apprenticeships, shelf-stacking and the rest of it under the Work Programme. One does not want to see that kind of work, particularly if it is unpaid, being imported into this agenda. It is desirable that the range of activities that might be encompassed within such a programme benefits the offender and perhaps society. It would be wrong if financial benefit was thereby given to a private business. I beg to move.

[Lord Ahmad of Wimbledon]

My Lords, I thank the noble Lord and I can from the outset assure him, as is clear in all these matters, that the objective is not for any operator to make profit from such work. My understanding of the purpose of the amendment is that it would prevent any offender who is carrying out unpaid work as a sanction for breach of a supervision requirement from doing that unpaid work for any private sector organisation. I would make a number of points in response to the noble Lord.

First, as noble Lords will know, we intend to open up the delivery of unpaid work, along with other services for offenders in the community, to a wide variety of organisations. This will include the private sector. However, the model for private sector organisations’ delivery of unpaid work would, I should make absolutely clear, not involve the offender working directly for them. The private provider would be responsible for organising the community work and supervising the offender’s progress. Unpaid work is intended to be of benefit to local communities. The private provider would make arrangements with a local authority, community group or charity for the actual work to be carried out. The private provider may also subcontract another organisation to deliver the unpaid work. This may be particularly important for women offenders or offenders with particular needs, such as learning disability. In these cases a smaller organisation within the community with the relevant expertise is much better placed to arrange the unpaid work.

However, the amendment might prevent private providers even from making arrangements with other bodies to deliver unpaid work. Consider the case of a private provider with responsibility for supervising offenders carrying out unpaid work and that wants to make arrangements for placements with a local charity or community group. The amendment could prevent the private provider from doing so, although I am sure that this was not the intention of the noble Lord, Lord Beecham, in tabling the amendment.

Unpaid work can fulfil a number of purposes. As part of a community order or suspended sentence it provides a credible punishment, but it can also help offenders to learn new skills or disciplines of work. The noble Lord, Lord Beecham, raised this important issue. Too often offenders are looked at in a particular way, but some lack the basic ability to turn up at a given time to serve a particular number of hours. We need to help develop these basic skills and mindsets.

Unpaid work is also reparative, allowing offenders to pay back the harm done by their crimes to the wider community. This is equally true of unpaid work carried out under supervision default orders. It is a sanction for the breach, but this is not to say that it cannot also support the offender’s rehabilitation, or allow them to put something back into the community they have harmed.

My point here is that unpaid work needs to be meaningful, whether it is carried out as part of a community order or as a sanction for the breach of supervision requirements. Even if it is imposed as a sanction for a breach, the work needs to be of sufficient quality. This remains true whether the provider is a private sector organisation, a charity or the public sector. For this reason I do not believe this amendment’s singling out of private sector organisations to be the right approach. The key issue is ensuring that whoever delivers unpaid work does so to the appropriate standard. We will ensure that our new arrangements deliver this. For these reasons I hope the noble Lord will see fit to withdraw his amendment.

[Lord Beecham]

My Lords, I cannot say that I am terribly happy with the noble Lord’s response. It seems to me that there is almost a moral issue here about what is in effect the exploitation of unpaid labour. There is already some concern about the degree to which this now forms part of the process of imprisonment. Bringing in unpaid work has a potential impact on competitor organisations that do not have the advantage of cheap labour, or as in this case unpaid labour. If private sector employers are to be engaged in the process of assisting rehabilitation by providing work—and there is no reason why they should not be—it is incumbent on them to pay for that labour. There is no reason why they should not pay at least the minimum wage. It seems wrong that they should benefit from this process.

I regret the Minister’s response. I invite him to think again about this, as it is not satisfactory. Otherwise we might have to return to it on Report, because it strikes me as a wholly inappropriate response. There are many opportunities outside unpaid work in the private sector that would encourage the rehabilitation that we all want to see. The Government should rethink their position on this issue.

[Lord Ahmad of Wimbledon]

My Lords, perhaps I may clarify this. The noble Lord’s point about paying someone who is caught up in one of these arrangements or rehabilitation schemes is a slightly separate one. I emphasise that the amendment as tabled would prevent the private sector from providing any kind of service as part of the rehabilitation process. I have made the point, which I wish to underline, that the private sector organisation is there not to make any profit. As I have said, the person actually performing this particular arrangement within the community would be doing so as part of their rehabilitation. The issue about whether that person should be paid or unpaid is a slightly separate matter.

As the noble Lord has said, we will come back to this. For the benefit of the Committee I would like to clarify that many offenders are currently subject to unpaid work. Currently, around 60,000 offenders have successfully completed community payback sentences, for example. That is 7 million hours of work on projects that directly benefit local communities. To be clear, the intention is that any unpaid work is of benefit to the community and to the individual as part of their rehabilitation process. The underlying objective is not for any provider, whether private or otherwise, to make a profit from that arrangement.

[Lord Beecham]

I am grateful for the noble Lord’s most recent remarks, although the points that he made did not really come across when he previously addressed the matter. There is perhaps not the great difference between us that I had perceived. However, it would be better, if the noble Lord agrees, to go back and look at how the Bill might be worded to deal with this situation, which I now apprehend does not really divide us.

I am well aware of community payback schemes, and I see them in my own ward. They are very valuable and seem to me to be the right approach, although not necessarily in exactly the same form. I sense that really we agree about the notion of people carrying out work for a profit-making organisation on a profit-making project, in which case perhaps the noble Lord would look again at the amendment and see whether we can come up with something on which we can agree. Having said that, I beg leave to withdraw the amendment.