Offender Rehabilitation Bill [Lords]

Debate between Lord Garnier and Elfyn Llwyd

Tuesday 14th January 2014 Commons Chamber

[Mr Llwyd]

The hon. Lady, who has taken an interest in this subject for many years, as have I, is absolutely correct. I would go a bit further and say that if we dealt with mental health problems and drug addiction, we could empty about 40% of prisoners from prisons tomorrow without any danger—had we got the safety net out in the community.

The Government are taking a drastic step without having any proven record of any possible success. Unlike with some services that are privatised, there is an inherent danger to the public in all this. I agree fully with the Opposition when they say that we want the thing tried and tested. That is not a political scam to try to stop it. I would like it stopped, but let us also be honest and say that we are where we are and we should at least see whether these plans will work. That surely is a common-sense thing to do, but time and time again, in the Public Bill Committee and in all the other debates, we have been unable to persuade the Government to pause and to think carefully about why they initiated their two pilots previously. Why did they do that if they were that unconcerned and the pilots were bound to succeed?

The Secretary of State, who drifted in and out here today, in typical fashion, has said in some debates, “You do things sometimes because they are right.” I am sure that is right, but it is a bit risky to have a messianic view of life and say, “Because they are new and are being tried now, they have got to be right. What’s right is right.” That is absolute balderdash and I am afraid he will eat those words in the next two or three years. I hope not, but there will be a danger in this system.

As we are all aware, what will be left of the public sector probation service will work with victims, hostels and offenders who pose a high risk of harm. The remaining 70% of cases—the low-risk and medium-risk offenders—will be managed by the private sector under the model that we are talking about. The point has already been made that such risks vary—they can vary from day to day or from week to week. I do not know how the system will be managed, but co-location has been mentioned. I am not sure whether that will work, but, again, it is a matter of crossing one’s fingers and hoping for the best.

There are serious concerns about the payment-by-results model, most of which I will briefly outline with regard to another amendment that would compel the Government to pilot the plans before implementing them across the board. To some relief, we find that G4S and Serco will not be coming in on this, although they do know a lot about criminality.

Under the proposals, private companies will be responsible for the majority of cases involving domestic violence, sexual offences, burglary, robbery, violence against the person and gang-related crimes. That is highly sensitive work, which clearly requires trained professionals with experience of how to deal with victims and perpetrators of such complex crimes. It is highly unlikely that the private sector will prioritise holistic initiatives such as work with victims of crime. I am afraid that it will be driven by profit rather than levels of care. Many individuals who come into contact with the probation service have one or more mental health problems. They may have suffered abuse, have substance misuse issues, literacy problems and poor educational attainment. Such people need to be signposted to the proper avenues for care and support. They are highly damaged individuals and require special attention.

The proposals will compromise public protection and provide a perverse incentive for private companies not to put resources into decreasing offending behaviour. There are also numerous possibilities for conflicts of interest, the tackling of which is the aim of another amendment that I have co-signed.

The Social Market Foundation has argued that payment by results incentivises an increase in offending. To understand that, it is important to note that the Government have decided that a private company will neither be penalised nor rewarded for an increase or decrease in offending of 3% either way. Ostensibly, that is to take account of the fact that external factors can have an impact on offending rates. In practice, however, it would mean that private companies would have to achieve a 4% decrease in offending before being rewarded. They will simply not invest that amount of money when there is no guarantee of a return on their investment. Unfortunately, it is far more likely that the companies will make a profit by delivering court orders in the cheapest way possible by opening call centres. Understandably, the National Association of Probation Officers—the experts on this—is worried, and legitimately I would say.

The hon. and learned Member for Harborough (Sir Edward Garnier) referred to the GMB union. It is a question not of union versus anybody else but of what works and what does not work. NAPO has had experience over many years, and I have already referred to its successes.

[Sir Edward Garnier]

rose—

[Mr Llwyd]

Yes, of course I shall give way, but let me make this point. Time and again, I have heard NAPO say, “If it is inevitable that we have to go down this path, let us see whether it works.” Let us pilot this system. Let it come before Parliament before the changes are effected, because, although NAPO refers to its jobs, its main concern is the safety of the public it serves.

[Sir Edward Garnier]

The right hon. Gentleman and I have many mutual friends who are members of NAPO. Harry Fletcher is a former assistant general-secretary whom we both know and respect. My point was quietly to tease the hon. Member for Darlington (Jenny Chapman) who happened to say in a parliamentary reference book that she was a member of the GMB, but she tells me that that is not the case. I was not making a substantive point but—

Legal Aid Reform

Debate between Lord Garnier and Elfyn Llwyd

Thursday 27th June 2013 Commons Chamber

[Mr Llwyd]

Undoubtedly so and, as one who used to practise in a small town, I speak with a little authority. The right hon. Gentleman is absolutely right.

[Sir Edward Garnier]

It goes further than the point made by the right hon. Member for Tottenham (Mr Lammy). It goes to the Bar as well, as the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd) and I know. If the good barristers leave because they cannot afford to remain within the criminal legal aid system, we will not get the silks and we will not get the circuit judges and Crown court judges. In that way, we will see a diminution in the quality of justice that we all expect to receive.

[Mr Llwyd]

The hon. and learned Gentleman is absolutely right and I could not have put it any better.

One of the most contentious aspects of these so-called reforms is the removal of the client’s right to choose. Instead people will be allocated a provider, regardless of the complexities of the case or whether they have any particular needs or vulnerabilities.