Offender Rehabilitation Bill [Lords]

Debate between Lord Beith and Baroness Chapman of Darlington

Tuesday 14th January 2014 Commons Chamber

[Jenny Chapman]

That is certainly my understanding, and nothing that the Minister has said so far contradicts it. Unless we hear something more definitive from G4S, the Ministry of Justice or the Minister today, I think that that must remain our assumption.

The MOJ tends to take its eye off the ball as soon as a contract has been signed, so new clause 5 helpfully provides for a longer-term regular check on the performance of probation service providers. Its scope is really quite limited: it merely requires the Secretary of State to report to both Houses of Parliament on the performance of all providers that are contracted to manage offenders. In particular, the report must include an assessment of the transparency of each provider, and must specify what information it is making available to the public and how reliably it is responding to freedom of information requests submitted to the MOJ. It must also update both Houses on what measures were included in the contracts to ensure that poor performance could be penalised, and on whether any have been invoked.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

In the past, the Justice Committee has suggested not that private companies should be subject to freedom of information requirements, which would be contrary to any working commercial system, but that when writing contracts, public bodies should ensure that they have access—and thus create freedom of information access—to any information that would have been public if the work was still being done in the public sector.

[Jenny Chapman]

We would probably go a little further, but I accept what the right hon. Gentleman says. The new clause merely requires companies to respond in a way that helps the MOJ to meet its own freedom of information requirements.

Opposition Members are becoming increasingly concerned about the blind spot that seems to be developing in relation to outsourced contracts. Given the rate at which the Secretary of State is issuing invitations to the likes of Eddie Stobart to take over justice contracts, more and more information is being put out of the taxpayer’s reach.

Responding to amendments tabled in Committee, the Government argued that the status quo, whereby a contractor is considered to hold information on behalf of a public body, was working well enough. We disagree, and the Minister knows that, in practice, there is information that private contracts choose to keep to themselves while public providers are rightly held to account. That is not a level playing field, and it does not give us, our constituents or, indeed, the press enough power to scrutinise those who are wielding large public budgets and providing front-line public services.