Offender Rehabilitation Bill [Lords]

Debate between Lord Beith and Mike Wood

Monday 11th November 2013 Commons Chamber

[Sir Alan Beith]

It is our intention to report quickly on these aspects of the probation changes. There has been a considerable delay since the Bill completed its passage through the Lords, as was referred to by the shadow Secretary of State. Although the process for implementing the Government’s changes is fairly rapid, the consideration of the Bill has been relatively leisurely by parliamentary standards. It is my intention that the Select Committee will still influence the shape of what emerges.

When the Justice Committee reported on the probation service in 2011, we said that a more seamless, through-the-gate approach to dealing with offenders was vital and that less of a probation officer’s time should be wasted on bureaucratic processes that do not involve direct engagement with offenders. We saw potential in payment by results, but some dangers as well.

We also wanted something that the Government do not intend to give us, which is local commissioning. That would enable decisions about what is provided to be taken in the context of local circumstances so that we no longer have the absurd position whereby prison is a nationally provided free good, in that it does not engage local authorities through the provision of any expenditure. It is a national expenditure, whereas almost all other kinds of provision have to be financed and funded locally.

The Justice Committee reported earlier this year on women offenders. I welcome clause 11, which relates to the concern expressed in our report that the system was designed to meet the needs of male offenders and must make appropriate provision for women offenders. The argument is not that women who commit criminal offences are less guilty than men who commit criminal offences, but that the circumstances that generate the offences committed by women and the means by which women can be guided towards not committing further offences are often different. That is another area in which we have given advice that is relevant to the Bill.

There are some important questions about the Bill and the structure of the probation service that will be necessary to support it that must be considered. The first is whether there is a market out there. Are there enough potential providers that could take on the contracts and that could engage, as is necessary, with the wide range of charities, voluntary organisations and other bodies in which there is expertise? [Interruption.] I heard a reference from the Labour Benches to G4S and Serco, and the contracts of both those companies, which were brought about under the previous Government, are now the subject of serious fraud inquiries. One implication of that is that a number of companies may effectively be excluded from the bidding process. We must await the outcome of the inquiries as we cannot reach conclusions at this stage, but even were the process still going on, it would exclude at least two major companies working in that field.

[Mike Wood (Batley and Spen) (Lab)]

In view of those allegations, does the right hon. Gentleman think it would be appropriate for the Secretary of State to withdraw or suspend those companies from the bidding process until the matters are resolved? So far he has refused to do that.

[Sir Alan Beith]

There are complex legal reasons that I will not try and go into now, but I cannot imagine that this House would want a company that is currently the subject of a serious criminal investigation to be awarded a criminal justice contract. Both companies, of course, have contracts in criminal justice in other areas of activity or other parts of government, and they have perfectly satisfactory ratings on some of those. It is a difficult issue to deal with.