Offender Rehabilitation Bill [Lords]

Debate between Lord Jackson of Peterborough and Sadiq Khan

Monday 11th November 2013 Commons Chamber

[Sadiq Khan]

Because if done properly, it would cost £194 million a year. We could do it on the back of an envelope, as the Justice Secretary wants to do, but I do not want to do that. It is a risk to public safety.

Let me remind the House that at the same time the Justice Secretary says that he wants those who receive less than 12 months’ custody to receive probation supervision. Instead of supporting probation, as he should, what are his plans for it? Those plans are: abolishing local probation trusts and instead commissioning services direct from his desk, in Whitehall, on behalf of local communities; splitting responsibility for offenders on the basis of their risk level, despite risk not being static in 25% of cases; handing responsibility for serious and violent criminals to G4S, Serco, Carillion, A4e and the like; imposing an untried and untested payment-by-results model on providers; and, as I said, all at breakneck speed, adding up to a half-baked, reckless reorganisation of probation, without any evidential base—a monumental gamble with public safety.

Let us be frank. The Justice Secretary has wanted to keep all the major changes he is making to probation below the radar, purposely avoiding bringing those plans before Parliament. If not for the Opposition day debate, MPs would never have had the chance to debate them. He said in the Chamber 12 days ago that he was not afraid of debating his plans, but he left the Chamber almost immediately after his speech, not staying to hear any of contributions from worried and concerned MPs in all parts of the House. That is not debate in anyone’s book. Instead, it shows a disdainful arrogance towards Parliament and towards genuine concerns at his proposals. If he had stayed, he would have heard in the time-limited debate l8 MPs from all parts of the House express concern. More MPs wanted to speak, but there was insufficient time. Just three Members spoke in favour. I can see that he has done a better whipping operation today than he did 12 days ago. Many MPs, stakeholders, prison and probation staff and charities are labouring under the false impression that this is the privatisation of probation Bill. It is not. The Justice Secretary is trying to use the 2007 Act to do that.

[Mr Stewart Jackson]

Will the right hon. Gentleman give way?

[Sadiq Khan]

I want to make some progress, then I will give way.

The Bill does make specific mention of the probation service, and I pay tribute to those in the other place for their work in trying to get proper scrutiny of the Justice Secretary’s plans. Clause 1 says that no changes may be made to the probation service without the approval of both Houses. That was the result of a successful amendment tabled by Lord Ramsbotham in the other place, not of anything that the Government did. It has taken almost five months since the Bill’s Third Reading in the other place for us to have a Second Reading debate today. Could the reason for that delay be that the Justice Secretary was desperate to begin the tendering process by which privatisation could occur before this important clause could be debated, because he was afraid of Commons scrutiny?

We understand why the Justice Secretary wants to get on with his plans and avoid proper scrutiny. Just two years ago, the Ministry of Justice—none of its then Ministers are now in post; all have been sacked—published a comprehensive competition strategy for probation services, and proposed

“the commissioning of six new PbR pilot schemes to carefully develop and rigorously test PbR for reduced re-offending”.

Note the phrases “pilot schemes” and “rigorously test PBR”. The Ministry of Justice knew that the Peterborough pilot, which was designed by Labour and began in 2010, was a very different beast altogether, and its results are not directly comparable with the Government’s probation plans.

In March last year, the Ministry published a further paper, proposing

“a stronger role for Probation Trusts as commissioners of probation services and a stronger emphasis on local partnership working”.

Note the reference to “probation trusts as commissioners”, not abolition, and to “local partnership working”, not control freakery from Whitehall. I have got to honest: we agreed with that approach.

[Sadiq Khan]

If the right hon. Gentleman had taken the trouble to speak to the probation trusts, he would know that in Manchester, for example, the trust is already working with the voluntary sector, the private sector and charities to address those who receive sentences of less than 12 months. If he had spoken to those in Avon and Somerset, he would know that the probation trust is already doing that. If he had spoken to the South Yorkshire trust, he would know that it is already doing that. If he took the trouble to speak to them, rather than G4S and Serco, he would know what works and what does not work. Instead, he wants to give contracts to untried, untested private companies, with no experience in criminal justice. If I were the Justice Secretary, I would have consulted the probation trusts. What does he do? He does not wait for any evidence or trials. Forget testing or rigour; he cancels the pilots and does a complete somersault, hoping that no one will notice either his change of mind or the fact that it is being done without any evidence, taking huge risks with public safety and reoffending rates.

Another important issue is how the plans will be resourced. A number of Back Benchers, reading the script, have asked about resources, and how we will we do this in the public sector and not use G4S and Serco to save money. As I have already said, extending supervision to those on short sentences is to be welcomed, but this cannot be taken as a resource-free commitment. An additional 50,000 offenders on top of the current 250,000 a year would need support and supervision. The impact assessment is of no help at all in shedding light on this issue. It says that

“the cost will be dependent on the outcome of competition”.

So, basically, the Government are asking for Parliament’s support, but will not say what the cost implications are of implementing the plans. Call me old-fashioned, but I would like to know how much it will cost before I decide to vote for it.

That is important for two reasons. First, if it is the case that there is going to be a considerable additional resource demand for these plans, but the Government do not want to commit more money—they may indeed wish to save money—existing resources will have to be spread more thinly. So while the Justice Secretary refers to the 3,000 short-term offenders committing offences, that could increase exponentially, because medium and low-risk offenders will be supervised less well because of his plans to increase supervision without proper resources. There are implications for the quality of supervision, and it is important that Parliament debates this.

Secondly, if the Government need to commit more resources, it is only right that Parliament should scrutinise those plans. Either way, the Justice Secretary must be honest with Parliament about the cost of the plans he wants us to vote for today. I find it hard to believe that the Ministry of Justice has not done any number crunching on those issues. Why is it not being made public?

That is all the more pertinent given the excellent contribution my right hon. Friend the Member for Wythenshawe and Sale East (Paul Goggins) made in the Opposition day debate 12 days ago—I am not sure whether the Secretary of State was still in his place, but the Under-Secretary of State, the hon. Member for Kenilworth and Southam (Jeremy Wright), was. My right hon. Friend pointed out that Labour had a similar scheme for extending supervision called custody plus, which a number of Back Benchers who have read their Whips’ briefing have referred to. He said, because he is an evidence-based politician:

“Ten years ago, it would have cost £194 million a year”.

That would have been for 50,000 offenders, the same figure the Government are proposing. My right hon. Friend went on to attack the lack of costings for the Justice Secretary’s similar plan—he will forgive me for embarrassing him—stating:

“I can put a figure on it, but he cannot. All we are told is that it will be paid for by the savings generated by the competition for low and medium-risk offenders. Frankly, I just do not believe it. Either that supervision will be inadequate or the existing provision will be weakened and reduced in quality.”—[Official Report, 30 October 2013; Vol. 569, c. 1003.]

The Justice Secretary, who is still here for a change, has an opportunity today to respond to that stinging criticism from a respected and senior Member of this House with considerable experience in this area, because so far he has failed to do so. I know that he has a supper to go to, but he still has some time to respond to that point before he leaves.

The Justice Secretary’s incompetence is compounded by his calculations on other matters. According to the MOJ’s impact assessment, extending supervision to prisoners serving less than 12 months will lead to around 13,000 offenders being recalled or committed to custody, increasing the number of prison places needed by around 600, at a cost of £16 million. Where will that £16 million and those additional 600 places come from? Last Friday we were told that there were only 658 prison places left in England and Wales, and next March he will close a further four prisons, with the loss of a further 1,400 places. That is from the Government who cancelled our prison building programme. He will forgive me if we lack confidence in his plans for probation.

[Mr Stewart Jackson]

rose—

[Sadiq Khan]

The hon. Gentleman has been very patient, so I will give way.

[Mr Jackson]

The right hon. Gentleman will have to do a little better than this speech if he wants to be Labour’s candidate for Mayor of London, because he does not have much of a tiger in his tank—that is after he has been Secretary of State for Justice, obviously. I admire his brass neck and chutzpah on this issue, given that, as my hon. Friend the Member for Hexham (Guy Opperman) said, six years have passed to right this anomaly, three of which were under his Government. May I press him again very succinctly to answer this question: if the circumstances have changed and independent evidence shows that the Government’s proposals are working, would an incoming Labour Government still repeal the Act?

[Sadiq Khan]

Well, I lost the trail of the hon. Gentleman’s intervention after the third minute. His party has been in government for three and a half years. It has had three and a half years to change the way probation trusts are measured. According to his measurement, every trust is either good or excellent. What is his policy solution? It is to abolish them. Call me old-fashioned, but that seems absurd, bearing in mind the evidence. Why not speak to the probation trusts and say, “Listen, we want to try to supervise those people who are not currently receiving supervision, so are you going to consider doing that?”, rather than taking forward back-of-the-envelope policies that all the evidence suggests will not work.

Electoral Registration and Administration Bill

Debate between Lord Jackson of Peterborough and Sadiq Khan

Tuesday 29th January 2013 Commons Chamber

[Sadiq Khan]

Absolutely. I have to say to those who have a grievance against conventions or against House of Lords reform that I am afraid the ship has sailed. They had their opportunity, but it passed them by.

The amendments have been made in addition to the improvements made here in the Commons during the progress of the Bill. We managed to secure a commitment that an annual canvass would still take place in 2014, that the option of a rolling opt-out was removed and that a civil penalty would be created for those who refused to respond when requested to register to vote. The Bill still left this House with serious problems, however, which is why we voted against it on Third Reading when it was last before us.

I would like to use this opportunity to place on record our appreciation of those who tabled the amendments in group 2: Lord Hart of Chilton, Lord Rennard, Lord Wigley and Lord Kerr of Kinlochard. This amendment received support from across the other place, and a Labour peer, a Liberal Democrat peer, a Plaid Cymru peer and a Cross Bencher tabled it. It was passed by a majority of 69. We welcome the amendments made to the Bill in the other place. We shall not, therefore, be supporting the motion before us today to disagree with the Lords in their amendments.

The effect of the amendment we are debating will be to postpone the review of parliamentary boundaries by one electoral cycle.

[Mr Stewart Jackson (Peterborough) (Con)]

Let us focus on the practical ramifications of the right hon. Gentleman’s vote today. Is he really prepared to tell his constituents in Tooting that it is appropriate, fair and equitable that, by the time of the general election after next, in May 2020, the enumeration data on which the electorates are based will be 20 years old? Some of the constituencies in my county of Cambridgeshire are the fastest growing in England, and they will have well over 100,000 electors by then, while some in Wales will have fewer than 40,000.

[Sadiq Khan]

It is a bit rich for a Conservative Member to lecture us on equality and fairness. I will come to those issues later in my speech.

The amendment will also similarly delay the reduction in the number of MPs by 50 to 600, as a result of which the next general election will take place on the current boundaries with the number of MPs at 650.

Individual Voter Registration

Debate between Lord Jackson of Peterborough and Sadiq Khan

Monday 16th January 2012 Commons Chamber

[Sadiq Khan]

My hon. Friend is right to raise the issue of electoral fraud, which we must all do our best to fight. I think there were five or six prosecutions in the recent period, which is not at the same level as Northern Ireland, for example, before the changes made there.

[Mr Stewart Jackson (Peterborough) (Con)]

In view of the moderate and measured tone of the right hon. Gentleman’s comments thus far, does he regret telling The Guardian on 13 October 2010 that

“10 million people could lose the right to vote”,

an assertion that has been specifically rejected by the Electoral Commission’s chair, Jenny Watson?

[Sadiq Khan]

I am grateful for the tenor of that intervention. I stand by that figure, not because it is mine, but because it is the figure given by independent experts. I will come to that estimate and who gives it shortly, if the hon. Gentleman will indulge me.

--- Later in debate ---

[Sadiq Khan]

My hon. Friend makes her point far better than I would have made it. She will be aware of the representations made by Scope and others. There could be confusion at an early stage when somebody completing the household form assumes, as in the past, that they are automatically on the register, without realising that the individual form they receive also needs to be completed. If we take into account the fact that many people have learning difficulties, that for others English is not their first language and that that these changes are being contemplated at a time when the register arguably needs to be at its most accurate, the position becomes very worrying—even more so if we reflect on the diminution of resources to which my hon. Friend the Member for Ilford South (Mike Gapes) referred.

[Mr Stewart Jackson]

rose—

Sentencing

Debate between Lord Jackson of Peterborough and Sadiq Khan

Monday 23rd May 2011 Commons Chamber

[Sadiq Khan (Tooting) (Lab)]

I beg to move,

That this House opposes changing the maximum discount for custodial sentences to up to 50% for those who plead guilty.

Should an offender who commits any offence—grievous bodily harm, assault occasioning actual bodily harm, attempted murder, burglary, mugging, downloading child porn, rape—be given a discount in his or her sentence of up to 50% if they plead guilty at the earliest opportunity? I will deal with the issue in three parts: first, the background to the policy; then I shall move on to its real motivation; thirdly, and finally, I will put my case for why the House should reject that policy.

Sentencing represents the climax of the court process at the point when a defendant is found guilty or pleads guilty. Judges or magistrates decide within set guidelines on the most appropriate sentence to hand down, basing their decision on a range of factors, including the severity of the offence. Punishment is a key purpose of sentencing—punishing offenders for the crime they have committed—but it is also about deterrence both for society as a whole and to the individual in question, aiming to prevent the offender from committing another offence.

A key factor not to be underestimated is the protection of the public and the respite provided to communities, but we must also emphasise the importance of rehabilitating offenders. Sentencing provides the opportunity to work with offenders to reduce the chances of their reoffending in the future. It is about focusing on what works to ensure that there is no drift back into a life of crime, but it also provides the opportunity to work with those who have debilitating mental health issues and dependencies on drugs and alcohol.

[Mr Stewart Jackson (Peterborough) (Con)]

I wonder whether the right hon. Gentleman is suffering from political amnesia, given that his Government presided over the debacle of failing to deport a huge number of foreign prisoners and were also responsible for the deeply unpopular and failed policy of the early release scheme.

[Sadiq Khan]

I will deal with both those points. Last week, the Justice Front-Bench team were asked how many of these foreign prisoners they had deported during the 12 months that they had been in power, and the answer was—quote of quotes—“about 60”. As to the end-of-custody licence, on four occasions between 1979 and 1997, the previous Conservative Government released prisoners early—without the checks and balances that we had, whereby no serious or violent offenders were let out on our watch.

How to balance these different purposes of sentencing is in the judges’ discretion, and plea bargaining is also a key part of our sentencing system. Part of plea bargaining is when an offender’s sentence is reduced on submission of a guilty plea. This is an aspect of our sentencing system that has evolved over many decades, becoming more formalised in recent years.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Jackson of Peterborough and Sadiq Khan

Tuesday 12th October 2010 Commons Chamber

[Sadiq Khan]

I am happy to take as many interventions as possible, but the hon. Gentleman has to grow up. Just grow up: we are having a proper debate about clause 1. As the hon. Member for Aldridge-Brownhills (Mr Shepherd) said, this is really the old politics. Let us debate the merits of clause 1.

[Mr Stewart Jackson (Peterborough) (Con)]

I hope that we can introduce some civility into this debate. The shadow Minister really should raise the level of the debate. My hon. Friend the Member for Bedford (Richard Fuller) raised a valid point: it ill behoves the right hon. Gentleman to lecture us on referendums on far-reaching constitutional issues when his party not only reneged on a solemn promise made at the ballot box to have a referendum on the Lisbon treaty, but guillotined the relevant Bill, forcing it through this House.

[Sadiq Khan]

I am happy to compare the record of Labour Governments on having referendums and making constitutional changes—changes with agreement and proper pre-legislative scrutiny—with that of this coalition Government or any previous Conservative Government.