Public Bodies Bill [Lords]

Crispin Blunt Excerpts

Tuesday 25th October 2011 Commons Chamber

If the Secretary of State and the Minister do not think again and remove the Youth Justice Board from the Bill, they will be turning back the clock in handing the responsibility for youth justice back to a Government Department even though, as we saw just over a decade ago, that was a wholly unsuitable way to oversee youth justice. I urge the Justice Secretary not to waste the progress made over the past decade in reducing the number of young offenders. I urge him to reconsider, in association with his Cabinet colleagues, and to remove the Youth Justice Board from the Bill by agreeing to amendment 33.

[The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)]

It is a pleasure to reply to this debate, not least to the right hon. Member for Cardiff South and Penarth (Alun Michael), given his role in establishing the Youth Justice Board in the first place, and to the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith), who is Chairman of the Justice Committee.

The right hon. Member for Cardiff South and Penarth made what he thought was a gibe in saying that I was not abolishing the Youth Justice Board but nationalising it and that he was surprised by how left-wing I was. He thereby gave the game away on the central weakness of the arguments made against the Government’s intentions.

To some degree, there is a significant element of truth in the right hon. Gentleman’s words, because this issue was first addressed in the context of looking at all arm’s length bodies given that ministerial accountability had been significantly diluted by the proliferation of such bodies. In that sense, it is appropriate that this area is brought back within the ambit of direct ministerial accountability. The longer I have held these responsibilities as the Minister responsible for youth justice, the more confident I have become that that is the proper thing to do. We are not changing the delivery of youth justice on the ground and all the achievements of the Youth Justice Board but protecting them. In my prepared remarks, I will elaborate on exactly how we are going to do that. I hope that I will be able to bring comfort to the right hon. Gentleman and to the right hon. Member for Bermondsey and Old Southwark (Simon Hughes), who sought the same assurance.

The right hon. Member for Cardiff South and Penarth concluded his remarks by talking about the importance of partnership. The youth offending teams are indeed an exemplar of partnership working at the local level, and that will remain unaffected by the changes that the Government intend. The Chairman of the Select Committee commented on the importance of the ability of local agencies to work together, and none of that will be changed by the Government’s taking the Youth Justice Board within the ambit of the Ministry of Justice. I can give him the assurance that he sought about NOMS, which will sit within the central Youth Justice Division as a separate body on youth justice. I will attend to the detail of that shortly. I was properly subjected to questioning about the role of advice that will come to Ministers. I will have more to say about that in the substantive part of my remarks, and I hope that that will give comfort to my right hon. Friends on the Liberal Benches.

The new clause would remove the Youth Justice Board from the list of organisations that may be abolished by order made under clause 1. The two amendments in relation to Wales would set up a joint committee to oversee the exercise of the powers and responsibilities of the Youth Justice Board. That joint committee would be a committee of the Youth Justice Board, if it is not abolished, and Welsh Ministers. If the Youth Justice Board is abolished, the joint committee will be a committee of the Welsh Ministers and the body to which the Youth Justice Board’s powers have been transferred. Under our proposals, this would effectively mean a joint committee of Welsh Ministers and the Ministry of Justice.

The amendment to remove the Youth Justice Board from the Bill is the same as the amendment originally moved by noble Lords. Subsequently, the Government successfully reintroduced the Youth Justice Board to schedule 1 during the Committee stage in this House, having further addressed the most substantive issues raised in the other place and by other interested parties. The Government remain convinced that the national governance of youth justice, but not its front-line delivery, should be done differently. This reform is consistent with our principles of localism, our drive to reduce the number and cost of public bodies, and our commitment to clarifying lines of accountability.

The Youth Justice Board forms one part of the youth justice system, the aim of which is to prevent offending and reoffending by children and young people under the age of 18. I want to emphasise again that the delivery of youth justice by youth offending teams on the front line will not be affected and that a distinct, secure estate for young people will remain in place. I am happy to pay tribute to the achievements of the Youth Justice Board, which was established at arm’s length from Government to provide strategic leadership and coherence to the then youth justice system. This was, in part, a response to the 1996 Audit Commission report, “Misspent youth”, which found that there was no integrated youth justice system and that what did exist at the time was inefficient and expensive. The Youth Justice Board’s arm’s length status gave it freedom to establish the current system.

A decade on, we are in a completely different place, nationally and locally. A coherent and effective youth justice system has now been established, and it is the Government’s view that direct accountability should now be returned to Ministers. I am also clear that Ministers should determine the standards required in youth custody. Each year, £300 million of taxpayers’ money is spent on the provision of secure accommodation for under-18s. It cannot be right that unelected individuals in a non-departmental public body are responsible for such a sum.

That is why the Justice Secretary, in his written ministerial statement of 23 June, set out his intention to carry out the core functions of the Youth Justice Board within a newly created Youth Justice Division. The division will continue the Government’s focus on meeting the needs of children and young people in the justice system, overseeing the delivery of youth justice services, identifying and disseminating effective practice, and commissioning a distinct secure estate and placing young people within it. The division will form a dedicated part of the Ministry of Justice separate from the National Offender Management Service. It will ensure that the commissioning of the youth justice secure estate and the placement of young people within the estate is driven by people whose responsibility is for and whose focus is on the needs of young people. Its structure will also ensure that youth justice work in the community remains closely linked to work with young offenders in custody. That is at the heart of our ambitions for a rehabilitation revolution.

The new Youth Justice Division will be a powerful impetus behind future improvement, with the policy leverage within Government to effect change. At a time when Departments have a wide range of priorities and scarce resources, it is Ministers, led by the Justice Secretary and me, as the Minister with responsibility for youth justice, who are best placed to lead the youth justice system.

[Simon Hughes]

I am encouraged by what the Minister has said so far. Will the head of the new division proposed by the Government have direct access and direct accountability to the Secretary of State and the appropriate Minister rather than always being subject to having everything cleared by the permanent secretary in the Department?

[Mr Blunt]

The Justice Secretary has announced that John Drew, the chief executive of the Youth Justice Board, has agreed to lead the transition to the new Youth Justice Division structure and to continue to lead it beyond that. That will ensure continuity in senior management. As regards his reporting responsibilities, he will report to the director general of justice policy within the Department, but, as now, I will continue to have bilateral meetings with officials of his seniority in any event. Of course, he will occupy a special place by virtue of leading the Youth Justice Division within the Department. There are further safeguards that I will come to, and I hope they will give my right hon. Friend some comfort.

We appreciate that the Youth Justice Board successfully brought together staff from a number of backgrounds, including those with direct experience of youth justice, social and health services, and police and probation officers. I and the Department will not abandon that expertise and experience, nor will we fail to replenish it. That is wholly consistent with the Government’s policy that the civil service remains open to recruits of high quality from outside its immediate ranks.

[Robert Flello]

I want to take the Minister back to the answer he gave the right hon. Member for Bermondsey and Old Southwark (Simon Hughes). Will he tell the House to whom the Youth Justice Board reports at the moment? Is it not the Minister?

[Mr Blunt]

I have instituted arrangements within the Department during this transitional period for the chief executive of the Youth Justice Board to come and see me regularly on a bilateral basis. That did not exist when I became the Minister with responsibility for youth justice, when accountability was through the chairman of the board. I think that we now have a much more satisfactory working practice—[Interruption.] The hon. Member for Stoke-on-Trent South (Robert Flello) says that he does not really believe that. Well, I do believe it on the evidence of what has happened over the past 18 months. I will elaborate on that later in my remarks and tell him and the House why I have come to that conclusion.

The Justice Secretary recognises the need to strengthen the Ministry’s focus on youth justice by establishing a ministerial advisory group on youth justice. The group will provide timely advice to Ministers about delivery and the front line. That advice will inform the development of youth justice policy in the longer term. It will include advice on effective practice and what will work best to achieve the objectives that Ministers have set. The ministerial advisory group will be my key forum for providing external, expert oversight of operational youth justice practice to the Ministry of Justice. I will chair it as the Minister responsible for youth justice. It must consist of members who have expertise in the effective operation of the youth justice system; otherwise it will not be able to do the job that I need it to do and it will not have credibility with the informed youth justice lobby, which properly follows these matters with due care.

Finally, Dame Sue Street, a non-executive director at the Ministry of Justice, will take an active interest in youth justice within the Ministry. She has experience and knowledge of youth justice. Indeed, she undertook a review of the Youth Justice Board, but her remit did not include asking whether the Youth Justice Board should continue. Of course, as a non-executive member of the Ministry of Justice board, she will have a direct route to the permanent secretary and the Secretary of State. She is happy to take on those responsibilities as part of her role at the Department.

[Sir Alan Beith]

I want my hon. Friend to make it quite clear that he is not stepping back from his welcome indication that it will be possible for the advice that is given to Ministers by the advisory group to be probed by Parliament, and that its members will be able to come before the Justice Committee and tell us what their advice was.

[Mr Blunt]

I am happy to give my right hon. Friend that assurance. It would be quixotic to say now that it is advice to Ministers and that it will not be discoverable. The effectiveness of the group will depend first on the credibility of its members’ experience and expertise and, secondly, on whether its members are prepared to speak freely and openly on these issues. I anticipate that individuals, whether or not they are members of my advisory group, will be available to his Select Committee so that it, like me, is informed of their views.

--- Later in debate ---

[Mr Blunt]

As the right hon. Gentleman has identified, we are entering a period when that may well happen. I will come to that point in the course of my remarks.

This reform will not impact on the delivery of front-line youth justice by youth offending teams. We need to be clear that the front-line delivery of youth justice is completely separate from the national leadership and oversight provided by the Youth Justice Board. Under the Crime and Disorder Act 1998, the delivery of youth justice in the community is led by local authority youth offending teams. They are accountable to the chief executive of the local authority and are well embedded in local structures. Young people will continue to be placed separately from adult offenders in a dedicated secure estate that is driven by their needs.

It has been argued that the recent riots prove that the Youth Justice Board is now needed more than ever. I am afraid that I cannot agree. In my recent appearance before the Justice Committee, I set out the limitations of the current governance arrangements in the operational scenario that we faced in dealing with the disturbances. The operational integration of measures to address under-18s was delayed by 24 hours or so in the Government’s initial collective response to the riots precisely because of the more remote relationship that I have with the Youth Justice Board compared with the National Offender Management Service. That would not have occurred if youth justice had been administered as we propose.

I am conscious that part of my role is to ensure that other Departments and local authorities play their part in the delivery of youth justice. That is most acute in terms of resources, because the Department for Education and the Home Office currently provide funding to the Youth Justice Board. I am concerned that as the responsible Minister, I am not engaged as early as I should be in ensuring that there is proper financing for youth offending teams on the ground. It should be my responsibility to ensure that budget settlements from other Departments and local authorities are cleared and that youth justice is getting a proper shout from inside the Government. That can be better done by a Minister than by an arm’s length body.

[Simon Hughes]

I am encouraged by the Minister’s commitment and by his clear belief that his model will work. May I ask him to give one more undertaking? Will he or his Department come back to the House in about a year if the change goes ahead to ensure that the advisory group, which I now understand he proposes to chair, is sufficiently independent, that Parliament and people outside can be sure that it will speak out when it needs to and that its voice can, if necessary, be different from the conclusions that Ministers reach having heard its advice?

--- Later in debate ---

[Mr Blunt]

I am grateful for my right hon. Friend’s advice. It is a fair point and one that was laboured, quite properly, by the Justice Committee. The advisory group would not achieve the purpose that I have for it if it was not sufficiently independent. Rather than give my right hon. Friend the guarantee that I will come back here, I point out that my right hon. Friend the Member for Berwick-upon-Tweed and his Select Committee are ideally placed to ensure, in the detailed scrutiny that they will properly give these matters, that the advisers have credibility in the youth justice field and that a range of views is presented to me.

The group will serve no purpose if it consists of people who entirely agree with what the Ministry of Justice is doing. They will not be there to act as a cheer group for the execution of policy. This is an important area in which we need to be continually challenged so that we get it right. I expect the advisory group to challenge us continually to help us to get it right.

We will never be perfect, because we are operating in a financially very constrained time owing to the simply dreadful economic inheritance that we received. [Interruption.] Well, Opposition Members may get bored with this, but as the Minister responsible for youth justice, prisons and probation, I would much rather have inherited merely a flat budget. Sadly I have not, and we have to deal with that. We have to be innovative and clever about how we respond to those circumstances to deliver the rehabilitation of offenders in this much more challenging environment.

As the responsible Minister, I want to make it clear to all hon. Members that youth justice is critical to the Ministry of Justice and a visible part of the Department’s business plan. We already have three key youth justice indicators, which are the number of young people coming into the youth justice system, the number of young people reoffending and the number of young people being sentenced to custody. The Ministry, and I as the youth justice Minister, will continue to be held to account by the public and Parliament for our performance against those measures.

I should add that from my own day-to-day experience and information drawn from youth offending teams, I fully understand just how difficult it will be simply to hold performance at current levels in this economic environment and the associated social environment in the short to medium term, before our wider social justice agenda begins to make itself felt in the long term. To some extent, keeping the Youth Justice Board would provide me with a helpful sandbag from the direct parliamentary fire of ministerial accountability for performance measures. Difficult though it may be to improve on the current performance that we inherit from the YJB, those measures will be used to inform our youth pathfinder and payment-by-results initiatives. That work is vital to the Ministry of Justice.

There is no question that the focus on youth justice will be lost or that it will become a junior partner to the work of the National Offender Management Service. In addition, we have put in place mechanisms to ensure a proper policy focus on youth justice. Senior officials have established the cross-departmental youth crime and justice board, which supports the strategic agenda. Regular inter-ministerial meetings ensure ministerial representation from the Ministry of Justice, the Department for Education, the Home Office and the Department of Health, to support cross-Government work on the matter.

I turn briefly to the amendments on Wales tabled by the right hon. Member for Cardiff South and Penarth. The criminal justice system, of which the youth justice system is an element, is not a transferred matter. It is the Secretary of State for Justice who is ultimately responsible for youth justice in England and Wales, and the Ministry of Justice that is responsible for the secure estate and courts. The Government have no plans to change that. It would be unfair to imply to Welsh Ministers that they have a liability for outcomes when they do not have statutory responsibility for the administration of youth justice.

The proposal to establish a joint committee between the YJB or the Ministry of Justice and Ministers in the National Assembly for Wales is also likely to create further confusion throughout the youth justice system about who is ultimately accountable. Unless the wider statutory environment were to change, making that piecemeal statutory change would not be helpful. It would further complicate what is already a complex picture.

The Government recognise the differences between England and Wales in areas such as education, health and social care, which are essential to improving the life chances of children who have offended, and we will always take into account the views of Welsh colleagues. The need to reduce reoffending and offending among children and young people is shared. Current arrangements offer the advantages of scale that come with an England and Wales resource, as well as the opportunity to learn from each other and share effective practice while retaining the ability to tailor the delivery of youth justice to Wales. That is why we will ensure that there remains significant join-up between England and Wales in our youth justice priorities.

[Mrs Siân C. James (Swansea East) (Lab)]

I am amazed that none of the Whips has said a word so far. Is this a deliberate attempt to talk out the S4C amendment?

[Mr Blunt]

Youth justice is an extremely important issue and these points have to be put properly on the record. I am slightly surprised at the hon. Lady’s intervention, because she makes it at precisely the moment at which I am trying to deal with issues that I believe are of some importance to her, as a Welsh Member, as well as to the right hon. Member for Cardiff South and Penarth, who is sitting right behind her.

The Youth Justice Board currently has a team based in Wales, which works closely with the Welsh Assembly, and we will continue to have a Welsh-based team under our proposals to bring the functions of the Youth Justice Board into the Ministry of Justice.

The Government have listened and responded to the concerns of all interested parties. A full public consultation has just concluded, and we will carefully consider the responses before laying draft orders before Parliament. My right hon. Friend the Member for Bermondsey and Old Southwark asked about the balance of the responses to the consultation. There were, I think, 2,800 responses to the public bodies consultation, of which 68 were about the Youth Justice Board. It will not surprise him to learn that the balance of the responses was not supportive of the Government’s proposal—that is not a remotely surprising pattern when it is proposed to change something. However, before we lay the draft orders, there will be an opportunity to see the detail of them.

The youth justice system needs clear and visible leadership from me, as the responsible Minister, supported by a governance structure that retains a dedicated focus on youth justice. That is what we will provide as part of our proposals to abolish the YJB. I believe that is the best way to help us reduce offending and reoffending by young people, and I ask the right hon. Member for Cardiff South and Penarth to withdraw the new clause.

[Alun Michael]

The Minister has been seduced by office into bad decisions, but in the best interests of securing a vote on the retention of the Youth Justice Board, I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

Clause 1

Power to abolish

Amendment made: 5, page 1, line 13, at end insert—

‘() a co-operative society,

() a community benefit society,

() a charitable incorporated organisation, or’.—(Mr Blunt.)

Schedule 1

Power to abolish: bodies and offices

Amendment proposed: 32, page 21, line 11, leave out

‘Agricultural Wages Board for England and Wales’.—(Mr Gareth Thomas.)

The House proceeded to a Division.