Rehabilitation of Offenders Act 1974
Jeremy Wright Excerpts(10 years, 9 months ago)
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The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
I am today announcing the Government plan to commence reforms to the Rehabilitation of Offenders Act 1974 on 10 March 2014. These reforms are important in supporting our wider agenda on transforming rehabilitation. We know that obtaining employment can be an important factor in reducing reoffending and these reforms will help more people who have shown that they have put their offending behaviour behind them to get back into productive work. The provisions will reduce the period of time during which some offenders may have to disclose their convictions to prospective employers—the rehabilitation period. I should emphasise, however, that public protection will not be compromised. It will remain the case that fuller disclosure of cautions and convictions will continue to apply to a range of sensitive occupations and activities. In addition, the most serious convictions will remain subject to disclosure for any job.
The measures being commenced are contained in sections 139 and 141 and schedule 25 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012. These reforms shorten the rehabilitation periods for most convictions, after which they are considered to be “spent” and need no longer be disclosed for most purposes. The changes also extend the scope of the 1974 Act as it applies in England and Wales so that custodial sentences of up to, and including, 48 months may become spent. Previously the longest custodial sentence which could become spent was 30 months. The reforms will act retrospectively.
These amendments to the 1974 Act apply in England and Wales only and impact on criminal conviction certificates, which show an individual’s unspent convictions. section 112 of the Police Act 1997 governs the issue of these certificates and it is also being commenced in England and Wales on 10 March to ensure that accurate criminal convictions certificates are available reflecting the revised rehabilitation periods in this jurisdiction.
The above reforms will also allow the Government to take steps to commence fully section 56 of the Data Protection Act 1998, the only provision in this Act not to be in force. Section 56 of the Data Protection Act 1998 will come into force shortly after the changes to the 1974 Act are commenced.
Oral Answers to Questions
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John Howell (Henley) (Con)
11. What plans he has to ensure that young offenders leave custody better equipped to avoid a life of crime.
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
The Government will introduce a new pathfinder secure college in 2017, which will equip young offenders with the skills and qualifications they need to pursue a life free from crime. We are also enhancing education provision in young offenders institutions, and taking steps to improve the resettlement of young people leaving custody.
Julian Sturdy
Last year the York and North Yorkshire Probation Trust community payback team joined forces with local residents to carry out a spring-clean in York. Graffiti was painted over, broken fences fixed, and public spaces brought back to life. Will the Minister join me in encouraging more initiatives of that kind, which provide young offenders not only with valuable skills, but also a sense of community responsibility?
Jeremy Wright
I agree with my hon. Friend and think that where the court deems it appropriate, offenders young and old should be engaged in putting something back into the communities they have damaged by their offending. I also think it important that communities see that happening.
Karl MᶜCartney
Will the Minister confirm that young offenders such as those in Her Majesty’s Prison Lincoln who have worked with Gelder Group, a forward-thinking construction company in Lincolnshire, say that better education and skills would help them stay away from crime once they are released from custody?
Jeremy Wright
My hon. Friend is right: that is exactly what we hear from young offenders, and evidence is overwhelming that young offenders who engage in education, get qualifications, and go on to find work, have a better chance of staying out of trouble. That is exactly what we want to see.
Steve Brine
Does the Minister agree that custody in secure colleges provides an opportunity to end the chaos that many of these children face and to impose boundaries that have all too often been lacking in their lives? Will he stick rigidly to the cross-departmental approach that was set out so intelligently in the “Transforming Youth Custody” paper, which is now a year old?
Jeremy Wright
We want to see a cross-Government approach to this, and my hon. Friend is right to say that many other Departments have an interest in what we are doing. He is also right that a period of stability is vital. It may be a relatively short period of incarceration for those young people, but it is probably one of the few opportunities they have had to be clear about where their next meal will come from and where they are going to sleep, and to give us the space to address some of their significant problems. That is a large part of what we intend to do.
John Howell
As well as providing support to young offenders to turn their lives around, will the Minister say what regime is in place so that a young offenders institution becomes a deterrent for going back there?
Jeremy Wright
It is certainly important that the environment of a young offenders institution does not encourage those in it to think it is comfortable and to want to go back. For that reason, my hon. Friend will be encouraged to hear that we are looking at changes to the incentives and earned privileges scheme in young offenders institutions, in the same way as we have considered changes in the adult estate. We want to ensure that where young people have access to privileges, they get them only when they have earned them.
Keith Vaz (Leicester East) (Lab)
A report published by the chief inspector of prisons on 17 December last year suggested that it was easier for inmates to get drugs than clean underwear in prison, and a number of young offenders acquire a drugs habit in prison. How can we break the cycle when they leave?
Jeremy Wright
The right hon. Gentleman is right to say that drugs in prison—whether adult prisons or young offender institutions—are a continuing problem, but as he and I have discussed, that problem is changing. Increasingly we see good reductions in mandatory drug testing rates for adult institutions—down from some 25% positive results to nearer 7%—but an increase in problems with drugs that are not in and of themselves illegal, but which should not be misused in prisons. For that reason we need to change the testing regime and give ourselves more tools to address the problem, which is what we seek to do.
Meg Munn (Sheffield, Heeley) (Lab/Co-op)
Under the previous Government, the youth offending teams brought together professionals from different areas to help to tackle youth offending and bring down youth crime. What is the Minister doing to invest in mental health services and drug rehabilitation services in particular? Skills are important, but, if the issues that affect many of our young offenders are not addressed, they are likely to return to crime.
Jeremy Wright
The hon. Lady is right that youth offending teams do valuable work. They continue to do that work, of course, supported by the Youth Justice Board. We are looking at the moment at how we can strengthen youth offending teams and have greater support from the Youth Justice Board to ensure that high standards are maintained. She is right, too, that one of the advantages of the youth offending team model is that it brings together a variety of different agencies, including those within the health sphere. She is right that mental health questions, in particular, are often relevant to addressing wider reoffending needs.
Bill Esterson (Sefton Central) (Lab)
Children in care are some of our most vulnerable young people, yet far too many end up in prison due to a lack of support when they leave care. Will the Minister tell us what work he is doing with colleagues in other Departments to support care leavers, and to reduce the number of young people who turn to crime, both while in care and when they have left care?
Jeremy Wright
I work closely with the Under-Secretary of State for Education, my hon. Friend the Member for Crewe and Nantwich (Mr Timpson), the Minister with responsibility for children and families, who, as the hon. Gentleman knows, takes a close interest in the welfare of children in care and those who leave care. He is right that a connection is, unfortunately, often made between those leaving care and those who end up in the criminal justice system, but it is important that we address the needs of young offenders throughout the process. He will appreciate that the Ministry of Justice encounters these young people quite late on in that process, but he is right that there should be co-ordination and that will continue.
Dan Jarvis (Barnsley Central) (Lab)
Recently, a jury inquest into the death of a 17-year-old at a young offenders institution indicated a string of failures by the authorities to safeguard the life of a vulnerable boy. In the past 10 months, there have been 12 deaths in custody of those aged 24 or younger. In the past 10 years, there have been 163 deaths. Will the Secretary of State and the Minister consider inviting the Justice Select Committee to undertake a review into how deaths of young people in custody can be prevented?
Jeremy Wright
The hon. Gentleman is right to focus on this issue. Every one of those cases is a very real personal tragedy and a worrying sign for the system, but that does not mean that we should react in the wrong way. I think it is appropriate that we think very carefully about what level of investigation is necessary. I can tell the hon. Gentleman, as he may already know, that, in relation to each death, a variety of different investigations take place both internally within the prison system and from the coroner, and, in many cases, from others too. That does not mean, however, that there is not perhaps a case for looking more broadly at what wider lessons can be learned. That is exactly what we are considering at the moment. It is what I am applying my mind to now. I will let him know as soon as I can what we think the right conclusions should be.
Philip Davies (Shipley) (Con)
4. What recent discussions he has had with judges on the judgment of the European Court of Human Rights on whole-life tariffs.
Paul Flynn (Newport West) (Lab)
6. What steps he is planning to take to improve the performance of HMP Oakwood.
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
We are working closely with the contractor at Oakwood to implement the recommendations in last year’s report by Her Majesty’s inspectorate of prisons. As with other new prisons, Oakwood has experienced initial challenges, but action has been taken and the prison’s performance is improving. We expect that improvement to continue over the next 12 months.
Paul Flynn
A prison officer on the scene described the disturbance as a full-scale prison riot, but the Government and the contractor described it as “concerted ill-discipline”—that might be a perfectly adequate description of the behaviour of Back-Bench Tory MPs. I urge the Government to abandon this PR spin and for once to tell the simple truth.
Jeremy Wright
I can tell the hon. Gentleman that the term “concerted indiscipline” has been used by both Governments to describe incidents that have occurred in both the public sector estate and the private sector estate. There has been no cover-up. I went to Oakwood 10 days ago and spoke to an officer engaged in the incident. I also spoke to a prisoner who, although not involved, was there at the time. I saw some of the CCTV coverage, too, so I am very clear about how serious the incident was, but to describe it as a full-scale riot is in my view inaccurate. Twenty prisoners were involved in the incident, out of a total of 1,600. The wing is now back in use and the issue was professionally resolved. That is what we would expect from prisons in the private or public sector. I do not think it is wise to overstate the significance of this incident in the context of what happens in other places.
Mr Peter Bone (Wellingborough) (Con)
Does the Minister agree that one way to relieve pressure on Oakwood would be to reopen the prison in Wellingborough, which took category C prisoners? Will he update the House on what progress has been made regarding Wellingborough?
Jeremy Wright
Even by my hon. Friend’s high standards, that is inventive. As I have said to him before, we will of course consider again, as he has asked me to, whether Wellingborough is a suitable venue for a large new prison for the London area, but that is entirely separate from the judgments we need to make about how the rest of the estate operates. However, I will of course keep him informed as our thinking develops.
Ian Lucas (Wrexham) (Lab)
The coalition has characteristically dealt with the difficult decision of whether the prison at Wrexham will be in the public or private sector by deferring it, probably beyond the next general election. How can we prepare to ensure that the type of incident that occurred at Oakwood does not occur at Wrexham in 2017, when we do not know how the prison will be run?
Jeremy Wright
I am not sure whether the hon. Gentleman’s case is that what happened at Oakwood was because it was privately run or because it was too big.
Jeremy Wright
That is very helpful. Let me help the right hon. Gentleman and his hon. Friend. In relation to the size of the prison, it was the last Labour Government who decided to set it at 1,600 prisoners, and in relation to its running, it was the last Labour Government who decided to put the management of the prison up for competition and not retain it in the public sector. Therefore, on both counts it is not us on the Government Benches whom the right hon. Gentleman should be talking to; it is those on his own Benches.
In relation to Wrexham, we have quite properly said that there is an initial decision to be made, which is whether a large new prison should be built at Wrexham. As the hon. Gentleman knows, we were asked to build it on that site by his own council and a large number of other members of the Labour party in north Wales. The decision to be taken now is who should build it; we will make a decision about who should run it in due course.
Sir Alan Beith (Berwick-upon-Tweed) (LD)
Will my hon. Friend look at what the chief inspector of prisons said to the Select Committee on Justice this morning about Oakwood, which is that there are special problems in managing very large prisons and in new prisons? When both things are brought together, there are surely training and staffing requirements that the Department needs to consider.
Jeremy Wright
There are undoubtedly issues that arise with every new prison. New prisons in both the public and the private sector, and of all sizes, have encountered these kinds of difficulties. My right hon. Friend is right, too, that it is necessary to pay close attention to the training needs of staff. We will do that—that is already under way—and both the contractors and the MOJ are keen to ensure that these issues are addressed.
Jenny Chapman (Darlington) (Lab)
I am afraid this prison is two years old now, and we would have hoped to see some progress. The Minister is being way too complacent about the failure of G4S at Oakwood. Given the delay in implementing the probation changes, due to fears of public safety, how do we know that he will not be equally tolerant of failure when he privatises probation?
Jeremy Wright
There is no complacency on this issue at all. Let us get the facts right. Oakwood has been operating at full capacity since February last year, and it is not unheard of that prisons—in the public or private sector, as I said—have difficulties of this nature in the first two years of operation. That does not mean that we do not address those difficulties, but it is important to put them in context. If I may ever so gently say so to the hon. Lady, when I was at Oakwood 10 days ago, one of the comments made to me by staff who work there was that it does not help their already difficult job when their workplace is used for party political purposes to exaggerate what is going on there.
David T. C. Davies (Monmouth) (Con)
T4. Residents in Monmouthshire were recently very concerned when a man convicted of manslaughter absconded from Prescoed open prison. Will the Minister ask his officials to look into the risk assessments being used before prisoners are transferred to Prescoed to ensure that they are suitably rigorous?
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
We expect that the risk assessments in all these cases are rigorous. My hon. Friend is right to draw attention to this case, and I will, of course, look into it and find out what has happened.
Bridget Phillipson (Houghton and Sunderland South) (Lab)
T7. Sunderland’s courts are in urgent need of rebuilding, as the Department has previously recognised, spending nearly £2 million in preparation. I am grateful for the meeting that took place with the Minister, but we have been in limbo on this since 2010. When will a decision be taken?
Ian Swales (Redcar) (LD)
T5. More than half of the prisoners serving indeterminate prison sentences have passed their tariff date. Will the Secretary of State look at the parole and risk assessment process and review all cases where prisoners have complied with their sentence conditions but significantly exceeded their tariff?
Jeremy Wright
As my hon. Friend knows, we have abolished those particular sentences because we do not believe they are the best way to deal with such serious offenders. However, that is not a retrospective change, and a number of prisoners in the estate are still serving such sentences. He will also appreciate that the decision on whether someone is released from such a sentence is to be taken by the independent Parole Board, not by Ministers. He must also recognise that the tariff is the minimum period to be served in custody, not the maximum. None the less, we will do everything we can to ensure that the process of these sentences is as efficient as it can be.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
T10. The Secretary of State may recall that some years ago the police used a method called “trawling”, which became discredited, in order to find evidence about allegations against teachers and social workers. That destroyed many innocent people’s lives through false allegations of abuse. I understand that Operation Pallial is using trawling again, and many other hard-working social workers and educationists are being put in limbo and having their lives ruined.
Jeremy Wright
My hon. Friend will know that, in relation to sentencing options, the courts have a number of choices they can make over mental health disposals. On the point he makes about co-ordination, he is right that the best thing we can do is ensure that people with mental illness are diverted away from the criminal justice system as soon as possible. To that end, we have been working with the Department of Health on liaison and diversion programmes. We are spending a considerable amount of money on that this year and over the next couple of years. We expect to have full coverage of all police custody suites and courts in the next three years or so.
Sheila Gilmore (Edinburgh East) (Lab)
Given the continuing high level of tribunals overturning Department for Work and Pensions decisions, particularly in employment support allowance cases, why did the Department offer up to the Deregulation Bill a provision that would take away the duty on the Senior President of Tribunals to report on the standard of decision making? Surely reporting on that might lead to better decisions being made in the first place.
Jeremy Wright
My hon. Friend will know that that is primarily a matter for the Home Office, but none the less I can assure him that those of us who work in the Ministry of Justice and the Home Office do everything we can to ensure that foreign national offenders are deported as soon as they can be.
Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)
The House will be disturbed to learn today that since the CPS guidance on rape was amended in 2011 the number of people charged with rape over that period has fallen by 14%. There is concern that cases are being dismissed that could be successfully prosecuted. What will the Secretary of State do to ensure that the CPS has the appropriate resources to ensure that no victim of rape in this country is let down?
Richard Graham (Gloucester) (Con)
The maximum sentence for causing death when driving disqualified, uninsured and drunk is only two years and because of the rules of custodial sentences, the actual sentence served is only eight months. Does my hon. Friend agree that that only increases the sense of injustice felt by my constituent Mandy Stock, whose husband was killed in that way in Tredworth, Gloucester?
Jeremy Wright
I congratulate my hon. Friend on the advocacy he has engaged in on behalf of the Stock family. He will recall that we discussed the points he makes in the debate last Monday and I am happy to repeat what I said to him then, which is that the Government are considering carefully all that was said in the course of the debate and whether the sentencing is right for such offences. As he knows, we have particular sympathy for his points about those who cause death while disqualified.
Mr David Hanson (Delyn) (Lab)
On 23 January, the House of Commons voted 120 to three to release papers relating to the Shrewsbury 24. What is the Government’s response to that vote in the Commons?
Mr Philip Hollobone (Kettering) (Con)
How many foreign national offenders are there in our jails, how does the figure compare to last time and when does the Minister expect the first Nigerian to be sent back?
Jeremy Wright
Once again, I was ready for this one. There are currently 10,692 foreign national offenders, and when I last reported to my hon. Friend the figure was 10,789. The figures are heading in the right direction—
Jeremy Wright
No, they have gone down. Let me correct the hon. Gentleman, whose mathematics is faulty. Last time, the figure was 10,789 and this time it is 10,692. I hope that is clear.
On Nigeria, as my right hon. Friend the Secretary of State has said, we will make every effort in conjunction with our colleagues in Nigeria to remove Nigerians by the end of the year.
Mr Speaker
That is obviously the Wright effect, or the Hollobone effect, or possibly a virtuous combination of the two. Who knows? I will leave the House to muse on the matter.
Funeral Expenses (Prisoners)
Jeremy Wright Excerpts(10 years, 9 months ago)
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The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
I congratulate the hon. Member for Rutherglen and Hamilton West (Tom Greatrex) on securing this debate, and I thank him for giving my officials notice of the details of the case.
I first want to acknowledge that the death of a relative in prison must be devastating for the families and friends of the deceased. Their loss must of course be harder to bear given where the death occurred. I particularly offer my regret to the hon. Gentleman and to his constituent for any additional distress caused in relation to the provision of financial assistance to help to meet the funeral costs.
The hon. Gentleman quite properly asks me to clarify the position. Let me try to do so by setting out the position in relation to funeral expenses as they apply in England and Wales and, as far as I can, in Scotland. I also want to take this opportunity to express regret for the way in which the case appears to have been handled. It is unfortunate that his constituent has not been given clear information, so let me try to set that right by giving it now.
The hon. Gentleman will be aware that although convicted and sentenced in England, Mr Campbell had transferred to a prison in Scotland, and it was there that he died. He will know that prisons in Scotland are a matter for the Scottish Government, and I am not therefore able to comment in detail on the support available to families in Scotland, which is a matter for the Scottish Justice Minister.
The hon. Gentleman will know that if a prisoner dies in custody in England or Wales, the governor or director of the prison in which the death occurs can offer a financial contribution to cover reasonable funeral expenses. It is reasonable and decent to do so in those circumstances, but the offer is not unlimited. A financial contribution will be offered only if the deceased prisoner did not have a pre-paid funeral plan. Families may also be entitled to claim a grant from another Department, such as the Department for Work and Pensions, or from a local authority. An offer of a contribution of up to £3,000 may be made to the family, and if they accept it, the money is paid directly to the funeral director they appoint and may be used to pay for any funeral director’s fees, a hearse, a simple coffin, and cremation or burial fees. It cannot to be used to pay for items such as a headstone, transportation for mourners or a wake.
As I have said, Mr Campbell died in a Scottish prison, as the hon. Gentleman knows. Although Mr Campbell was convicted and sentenced in England and Wales, he had elected to transfer to Scotland to be close to his family and friends there, and he had been in a Scottish prison since 2002. I understand that the nature of his transfer may have caused confusion about who was responsible for assisting the family with the funeral expenses.
There should not have been any confusion in this case; that there was is a matter of regret. As the deceased died in the custody of the Scottish Prison Service, the Scottish arrangements apply. I understand that the Scottish Prison Service does not make discretionary payments towards funeral expenses. That, of course, is a matter for the service, and the hon. Gentleman might wish to take it up with the Scottish Justice Minister. However, I understand that the deceased’s family may be able to make an application in Scotland to the social fund for help with funeral expenses. As the Minister responsible for prisons in England and Wales, I cannot comment further on those arrangements or on whether a payment would or could be made to his constituents.
The hon. Gentleman rightly indicated that Mr Campbell was convicted and sentenced in England and Wales and then transferred to Scotland on a restricted basis. It may help if I explain what that means in practice. The transfer of prisoners between United Kingdom jurisdictions is governed by schedule 1 to the Crime (Sentences) Act 1997, which was intended to enable prisoners sentenced in one UK jurisdiction to transfer to another to serve their sentence close to their family and in the community into which they will be released.
The Act provides for transfer on either an unrestricted or a restricted basis. When a prisoner is transferred on a restricted basis, as in Mr Campbell’s case, responsibility for their release, supervision and recall remains the responsibility of the sentencing jurisdiction. However, for all other purposes the prisoner is subject to the rules and regulations governing prisons and prisoners in the receiving jurisdiction. That position was confirmed on 28 October 1997 when the then Home Secretary, the right hon. Member for Blackburn (Mr Straw), set out in a written answer to a question from the right hon. Member for Salford and Eccles (Hazel Blears) how the new transfer arrangements would work. He said:
“A prisoner granted a restricted transfer will automatically remain, for the duration of his or her transfer, subject to the law governing release on licence, automatic release, post-release supervision and recall applicable in the sending jurisdiction…A prisoner transferred on a restricted basis will normally become subject for all purposes, other than those specified in any conditions attached to the transfer, to the statutory and other provisions applying to prisoners in the receiving jurisdiction.”—[Official Report, 28 October 1997; Vol. 299, c. 777.]
Although Mr Campbell’s release arrangements remained subject to English law, he was for all other purposes a Scottish prisoner. As such, any support to the deceased’s family, financial or otherwise, is a matter for the Scottish authorities. I hope that the hon. Gentleman will accept that and recognise that I am not trying to pass the buck. I understand that he has received differing advice on the issue from officials in England and Wales and in Scotland, but I can confirm that the position that I have described is accepted by both Prison Services.
I am satisfied that the family of the deceased in this case do not qualify for financial assistance under the rules applicable in England and Wales. I know that the hon. Gentleman will wish to take the matter up with the Scottish authorities and discuss it directly with them.
Question put and agreed to.
Dangerous Driving
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The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
I congratulate my hon. Friend the Member for Kingswood (Chris Skidmore) on securing the debate and thank the Backbench Business Committee for allowing us to discuss this matter. As my hon. Friend the Member for Leeds North West (Greg Mulholland) has said, it is hard to take pleasure in such a debate, but it is right that we take pride in it. It has been an excellent debate. All hon. Members who have spoken have approached the matter in exactly the right spirit—they have spoken with both passion and a great deal of justified emotion.
As hon. Members have made clear, road traffic offences often have extraordinarily serious consequences—poor driving behaviour can result in injuries and fatalities. In these cases, the effect is felt not simply by the individual, but by their families. We have heard a great number of examples. We have heard about Ross and Clare Simons, Rob Jeffries, William Avery-Wright, Robert Gaunt, Jamie Still, David and Dorothy Metcalf, Andrew Watson, Eleanor McGrath and Paul Stock. Many others have been mentioned, but many have not. Some were old, some were young, and they were from up and down the country. It is important that we recognise that their sacrifices need to be discussed in the context of the criminal justice system and the system beyond it.
Hon. Members will understand that I cannot comment on the specific details of any sentencing case, because specific sentences are decided independently of the Government by the courts. In deciding what sentence to impose, the courts must take account of all the details of the offence and the offender, including both aggravating and mitigating factors, and give consideration to the culpability of the offender and the harm caused. As the hon. Member for Hammersmith (Mr Slaughter) has made clear, the cases are difficult, and it is not easy to draw rules and regulations from individual examples. He is right. The courts have recourse to sentencing guidelines, which have been mentioned a number of times in the debate. I will come back to them in a moment.
Road traffic offences are particularly difficult because the harm caused often outweighs the offender’s culpability. However, the law seeks to punish those who cause death or injury on our roads proportionately to the blameworthiness of the driver. A variety of different agencies and organisations must play their part in such cases. We expect them to do so properly and with sensitivity. Those agencies are both within and without the criminal justice system, including, of course, schools, in some cases. My hon. Friend the Member for Wealden (Charles Hendry) spoke movingly of deaths occurring on or near school premises. Knowing him as I do, I know that he will almost certainly have raised those matters with colleagues at the Department for Education, but just in case, I will ensure that those colleagues are fully aware of the points he has made.
Similarly, there are matters of licensing to consider. The Under-Secretary of State for Transport, my hon. Friend the Member for Wimbledon (Stephen Hammond), is in the Chamber. I know he will take close account of what has been said on a variety of licensing issues. My hon. Friend the Member for Burton (Andrew Griffiths) made serious points on the vehicles that people of different ages are permitted to drive, which I know will be considered further. My hon. Friend the Member for Rochford and Southend East (James Duddridge) made points on the need for a compulsory probationary period for drivers, which will be considered very carefully.
The Crown Prosecution Service and its involvement in bringing the right charges were mentioned. The charges considered by courts are dependent on the charges that the CPS chooses to bring. That will be based on its assessment of the quality of a defendant’s driving both preceding and at the time of impact. The CPS must give careful consideration when making charging decisions in cases involving driving that has led to a death. In deciding whether to charge death by dangerous driving or death by careless driving, it is the standard of driving to which prosecutors must have careful regard. As other hon. Members have explained, to amount to dangerous driving, the driving in question must be deemed to be far below what would have been obvious to a competent and careful driver. For careless driving, the driving needs to have fallen below the standards of a competent and prudent driver. Of course, each case should be looked at individually and decided on its own facts. Many things will play a part in those considerations.
The hon. Member for Dudley North (Ian Austin) mentioned cycling. He was right to do so; cyclists are particularly vulnerable. I will look carefully, as he urges me to do, at British Cycling’s recommendations on the matter, as will colleagues in the Department for Transport.
It is right that we consider what happens after a charge has been brought but before a case comes to trial. A number of right hon. and hon. Members, including my right hon. Friend the Member for Arundel and South Downs (Nick Herbert), made points on the need for interim driving bans between conviction and sentence, and for bail conditions to be considered. Hon. Members will know that the courts have those options. I would hope that they are carefully considered in all appropriate cases.
A great deal of debate was concentrated on sentencing. Successive Parliaments—indeed, successive Governments, as the hon. Member for Hammersmith said—have worked to ensure that we have a substantial framework of driving offences and penalties on the statute book. This Government, too, are committed to ensuring that the framework continues to provide the courts with the range of offences and penalties that they need to deal with the whole range of unacceptable driving behaviour on our roads.
At the most serious end of the framework, fatalities hold a special place in criminal law, as they should, and robust penalties are available where a death is caused by bad driving. The most culpable offenders—those who have caused death by dangerous driving, or by careless driving while under the influence of drink or drugs—face penalties of up to 14 years in prison. They are also disqualified from driving for a minimum of two years—often for much longer—and have to sit an extended retest before regaining a licence.
A number of hon. Members—my hon. Friend the Member for Sherwood (Mr Spencer), the hon. Member for Dudley North and my hon. Friend the Member for Leeds North West—made points relating to the length of driving bans, and in particular what happens when a defendant serves a custodial sentence. It is the case that the courts should consider and take into account the length of any custodial sentence when fixing the appropriate length of driving ban. That is for precisely the reason mentioned by my hon. Friend the Member for Leeds North West and others: it clearly would not be right, in appropriate cases, for all of the ban to be served in custody.
Where death is caused and there is sufficient evidence of gross negligence, drivers can be charged with the offence of manslaughter, which carries a maximum penalty of life imprisonment. Following the 2005 review of road traffic offences, two new offences, to which the hon. Member for Hammersmith rightly referred, were created. Since 2008, they have been available to prosecutors to deal with drivers who cause death by careless driving, or who cause death by driving while unlicensed, disqualified or uninsured. The maximum penalties for these offences are, respectively, five years’ and two years’ imprisonment, and they have a minimum disqualification period of a year. Again, the court has the discretion to order a retest.
My hon. Friend the Member for Leeds North West urges us to abolish the offence of causing death by careless driving. I understand his argument, but he will appreciate that there are, of course, risks. The offence was created because in many cases the choices available to a prosecutor were either to bring a charge of causing death by dangerous driving, or a simple charge of careless driving where a death had resulted. If prosecutors felt unable to prove dangerous driving under the definitions we have discussed, they were left with what many would consider the inadequate remedy of a simple charge of careless driving. That was the reason why the offence was brought in, and we have to think through very carefully the consequences of removing it from the statute book.
Greg Mulholland
I thank the Minister for giving way and for his useful round-up of the debate. Does he not accept that the greater ease of getting a potential conviction for death by careless driving is being misused, because there are cases—I would like to discuss some with him—where people’s driving clearly fell far below the standard and was clearly wilful and grossly dangerous? I believe it is being misused. That is why Brake believes it would be more sensible to categorise them all as dangerous driving, and then have appropriate guidelines and appropriate sentencing from less to maximum.
Jeremy Wright
As I said at the outset, it is difficult for me to comment on particular cases, and it is for Crown prosecutors to decide what the appropriate charge should be. We would all expect, however, that where they feel they are able to prove that driving fell far below the required standard, dangerous driving would be the appropriate charge; or, indeed, as others have said, in cases of gross negligence manslaughter would be the appropriate charge. The difficulty is that where prosecutors believe that in their judgment it is not possible to prove that driving fell far below the required standard, were we to remove this offence from the statute book they would simply be left with the charge of careless driving, which, of course, has considerably lower penalties.
Mr Buckland
I wonder whether my hon. Friend could widen the issue. Prior to the change in the law in 1991, the old offence of reckless driving used to apply—the subjective test. There were a lot of problems with that test, which is why we went to an objective test, but does he think that there is any merit in looking again, 20 years on, at whether there are some merits in either what my hon. Friend the Member for Leeds North West says, or looking again at a subjective test?
Jeremy Wright
There is merit in listening carefully to all that has been said in this excellent and thoughtful debate, and it is right that I consider many of the ideas and thoughts expressed in it, so I hear exactly what my hon. Friend says.
On ensuring that the law is effective, as the hon. Member for Hammersmith said, we have introduced a variety of new offences over the years to fill perceived gaps. We have created a new offence of causing serious injury by dangerous driving, ensuring that dangerous drivers are punished appropriately when their actions have serious consequences short of death. The new offence fills the previous gap by specifically targeting cases in which dangerous driving results in serious injury. In addition, the Crime and Courts Act 2013, which received Royal Assent on 25 April, introduced the new offence of driving a motor vehicle while under the influence of certain controlled drugs in excess of set limits. The new drug-driving offence will improve the law available for tackling the problem of drug-driving, which presents a significant road safety risk. That resulted from the campaigning of my hon. Friend the Member for Croydon Central (Gavin Barwell) and the death of one of his constituents. As the hon. Member for Hammersmith said, many of these changes come from such sources.
The Sentencing Council, which has been mentioned several times, has developed guidelines for the courts when dealing with these offences. It is important to recognise the distinction between the Sentencing Council’s guidelines and maximum sentences, the latter being for the Government and Parliament to set. The Sentencing Council sets guidelines for how courts ought to approach sentencing within those maximums, and has developed guidelines for the courts when dealing with this type of offence. Summary offences, including dangerous driving and careless driving, are dealt with within the magistrates courts sentencing guidelines—most recently updated in 2012—and the sentencing guidelines on causing death by driving were published by the then Sentencing Guidelines Council in 2008. The latter covers the offences of causing death by dangerous or careless driving as well as causing death by dangerous driving while under the influence of drink or drugs and causing death by driving unlicensed, disqualified or uninsured.
Several Members have referred to those sentencing guidelines, so it might be worth my drawing their attention to one or two specifics within them. First, on the comments from my hon. Friend the Member for Leeds North West, it is an additional aggravating factor—in fact, the first in the list—if a person has previous convictions for motoring offences, particularly offences that involve bad driving or the excessive consumption of alcohol or drugs before driving. Causing death by dangerous driving while disqualified, which my hon. Friend the Member for Kingswood mentioned, is also on the list. On that list are offences committed at the same time such as driving other than in accordance with the terms of a valid licence, driving while disqualified, driving without insurance, taking a vehicle without consent and driving a stolen vehicle. These matters are in the existing guidelines.
Greg Mulholland
I am grateful to the Minister for his thoroughness and his generosity in giving way, but he has slightly missed my point, which was not about previous convictions, but cases where someone is breathalysed, given a blood test and shown to be over the drink-driving limit and therefore to have broken that law. In such cases, people are not always also drug-tested, even if drugs are suspected, and that is quite wrong. If someone is over the limit and also under the influence of drugs, those two things make the act more reckless and more criminal, and they should have a higher sentence.
Jeremy Wright
Yes, I agree with my hon. Friend, who will recognise that the addition in the statute book of the drug-driving offence makes it more likely that that will be considered. My point about the guidelines is that consideration is also given to other offences committed at the same time as the offence of causing death by dangerous driving.
Richard Graham
The Minister is correct about the provisions, but if someone has caused death by driving when uninsured, disqualified and under the influence of alcohol, the maximum is still two years.
Jeremy Wright
Yes, indeed, but that of course is a separate point. As I hope I indicated, I have listened carefully to what has been said, specifically about sentencing for the offence of causing death while disqualified from driving. We will take away everything that has been said, but I have paid particular attention to his point. The Justice Secretary wrote to the Sentencing Council—as it now is—asking it to review the death by driving guideline, and it has agreed to include that in its programme of work.
Jim Shannon (Strangford) (DUP)
I apologise for not being present earlier. Is there a reciprocal agreement between this country and the Northern Ireland Assembly that if someone is disqualified from driving in Northern Ireland, that disqualification will apply in England, and vice versa?
Jeremy Wright
We have striven to ensure that disqualifications, wherever they take place, are reflected in the knowledge of the courts here. I am sure that I will be able to give the hon. Gentleman more specific reassurance in writing, but I am confident that what he says is correct. I am sure that those of us on this side of the water would want to know about disqualifications on the other side.
Susan Elan Jones
When does the Minister expect the review to be completed? Given what he said earlier, may I ask whether there would be room in the legislative timetable if we needed to reconsider the maximum penalties?
Jeremy Wright
As I said earlier, the review of sentencing guidelines that the Sentencing Council has been asked to conduct is not a review of maximum penalties, which it would be for the Government to consider. The Government will certainly consider all that has been said today, including what has been said by Members on both sides of the House about maximum penalties. We would need to ensure that any work done by the Sentencing Council was co-ordinated with what the Government were doing.
We will, of course, make every effort to make legislative time available for measures that we believe are urgent. Having emerged blinking into the daylight from the usual channels into my current job, I know better than to commit parliamentary time for any purpose, but I will make every effort to ensure that when we believe that there is a good case for change, space will be found.
Even in the context of this very worthwhile debate, we should take account of figures released by the Department for Transport. According to those figures, between 2011 and 2012 the number of people killed in road accidents reported to the police fell by 7.7%, to 1,754. That is the lowest figure on record. The number of casualties fell by 4%, and there was also a fall in the number of people who were seriously injured. That does not, of course, mean that there is any room for complacency. Every death and every serious injury is a tragedy, and it remains vital for us to reduce the number of people who are killed and seriously injured on our roads. I agree with the hon. Member for Bolton West (Julie Hilling) that we must think about education as well as enforcement. There is a great deal more to be said about that, but it will not fit neatly within the confines of this debate.
As I have said, we are continuing to look closely at the legislative framework relating to serious driving offences, and we are considering whether the current maximum penalties reflect the seriousness of offending behaviour. I have listened carefully to what has been said this evening, and I will consider it all further. I entirely understand the calls for urgency that we heard from, for example, my hon. Friends the Members for Gloucester (Richard Graham) and for Leeds North West, but I am also conscious of what I consider to be the wise advice of my hon. Friend the Member for Rochford and Southend East. It is important for us to consider these matters in the round, and to do so in a way that does not create discrepancies in the sentencing system. We must ensure that we understand fully how we can adapt our sentencing practice to deal with cases such as the many terrible ones that have been raised this evening, and to deal fairly and sensibly with driving offences such as those that we have discussed.
I am grateful for the opportunity to speak in the debate, and even more grateful for the excellent way in which Members have approached the subject. I will consider carefully what they have said.
Women Offenders and Older Prisoners
Jeremy Wright Excerpts(10 years, 10 months ago)
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The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
It is a great pleasure to see you in the Chair, Mr Amess. I thank the Justice Committee for the considerable hard work that has gone into both reports, and the Chairman, my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith), for the way in which he presented the reports in this afternoon’s debate. I also welcome the hon. Member for Kingston upon Hull East (Karl Turner)—it is good to see him in a full speaking role this afternoon. I am sure it will not be the last time.
Let me start with something that is perhaps obvious, but still worth saying: the Government are committed, of course, to ensuring that the criminal justice system is appropriate for all offenders. The Committee has highlighted the particular interests of two types of offenders, and I am grateful for its acknowledgment of some of the good work that has been undertaken in both those areas in recent years. However, it has also made it clear that there is more work to be done, which we agree with. I hope that the Government’s response showed how we are tackling those areas and recognised that there was more to do.
I begin with female offenders, on which there has been considerable debate this afternoon. I am almost tempted to conclude, given the balance of opinion in today’s debate—for my hon. Friends the Members for Shipley (Philip Davies) and for Bury North (Mr Nuttall), we are doing far too much for female offenders, and for one or two other contributors, we are doing far too little—that we may have got it almost exactly right, but I suspect that even that will not meet with approval from everyone in the Chamber this afternoon. However, as has been said, we have made it clear that we are committed to assisting female offenders to turn their lives around. To reassure my hon. Friend the Member for Shipley, we are committed to doing so for male offenders, too.
A large part of what my hon. Friend was describing related to the sentencing regime, and I entirely agree with him and my hon. Friend the Member for Bury North that the sentencing regime should not treat women more leniently than men. It should pass the appropriate sentence in each individual case and that is what we expect sentencers to do, but sentencing in each case is a matter for the judiciary and for magistrates; it is not a matter for politicians. However, what we are concerned with is ensuring that, when the courts decide that someone, male or female, needs to go to prison, they do not go back to crime when they are released. On rehabilitation, which is I think where the burden of the Committee’s report was concentrated, it is right to recognise that different things work in the rehabilitation of different people. Distinct things can be done to rehabilitate female offenders, perhaps more so than male offenders.
Jeremy Corbyn
In our report, we made the point that smaller units, closer to the community, tend to work much better in improving the education and life opportunities of women in prison, and in reducing the rates of reoffending. I realise that that is a big change in the prison process, when we have a number of large institutions for women, but does the Minister have any specific plans to reduce the number of places in larger sections and bring in smaller units?
Jeremy Wright
As the hon. Gentleman knows, the Corston report’s recommendation that smaller units should replace women’s prisons was one of the few recommendations that the previous Labour Government did not accept. We think that it is important to have a balance of provision. The hon. Gentleman may know that we intend to trial a smaller unit on the outside of Styal prison. My right hon. Friend the Member for Berwick-upon-Tweed referred to Styal’s history and it is perhaps appropriate that we should choose Styal as the location for such an institution. We want to see exactly how that type of institution can perform. The intention will be that women who have the appropriate risk rating should be able to live in that type of environment, and work outside the prison walls but still have access to some facilities in the prison. We will want to test that, see how it works and draw what conclusions we can from it.
In the broader context, as others have said, we have set up an advisory board in relation to female offenders, which brings together key stakeholders and partners, for the first time, to provide expertise and challenge us as we deliver those objectives. My right hon. Friend was absolutely right that that will be effective only with the right kind of ministerial leadership. I pay tribute, as others have, to the Under-Secretary of State for Culture, Media and Sport, my hon. Friend the Member for Maidstone and The Weald (Mrs Grant), who initiated the process, and to my noble Friend Lord McNally, who continued it.
I am delighted that the Minister of State, Ministry of Justice, my right hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes) will be continuing in that line. I know of his enthusiasm for the task and that he is keen to begin, although I note that he is not so keen to relieve me of the responsibility for speaking in this debate. None the less, he is very keen to begin the task. He has been listening to much of what we have said today, dividing his time between this debate and another that he has been obliged to attend. I know that he is keen to hear more from others about ideas that we can employ in order to pursue this agenda and, to answer concerns that others have raised, that he wishes to explore the opportunities for co-ordination across Government to ensure that the agenda is pursued elsewhere, too. He has begun by visiting HMP Send this week and will take on the cause with great enthusiasm.
Let me say something about our transforming rehabilitation reforms, which have been referred to. Those serving sentences of less than 12 months will, under the reforms, for the first time, be subject to statutory supervision, and all offenders will be subject to a licence period—or a combination of licence and supervision—of at least 12 months in the community. As we were discussing at some length earlier, proportionally more women than men are serving short sentences, so they will benefit particularly from that element of the reforms.
The right hon. Member for Dwyfor Meirionnydd (Mr Llwyd) asked whether up-tariffing would be the result of that, and whether some sentencers would pass custodial sentences in the hope that offenders would receive the type of the support that they needed. It is important to remember that the supervision of community sentences will be delivered by the same providers under the same terms as the supervision provided for those released from short sentences. There will be no difference, if that is what the sentencer is interested in, in the level of support provided for someone receiving a short custodial sentence and someone placed under a community order. The sentencing guidelines will remain clear, as they should, that only when it is appropriate to do so should a custodial sentence be passed in any case.
To ensure that all future providers under our reforms take into account the specific needs of female offenders, we are amending the Offender Rehabilitation Bill to require the Secretary of State to ensure that contracts and service level agreements for the rehabilitation and supervision of offenders identify services intended to meet the particular needs of women. We will assess providers’ plans for female offenders and the plans will be placed in the public domain to ensure transparency. If providers are not delivering those requirements, they will be subject to contractual remedies. We will publish data on the effectiveness of those services in the autumn of 2016. That aligns with the way in which the competition process will work: providers are to be incentivised to work with all offenders, and not only the low-risk, easy-to-reach cohort.
I know that many people also have concerns about the future of the network of women’s community services under the programme. Therefore, I make it clear that in 2013-14, we have invested £5.8 million through probation trust contract and partnership arrangements on those services. We expect existing providers of women’s services to continue to receive funding from community rehabilitation companies until March 2015, assuming that performance and demand is sufficient. That sets the groundwork for the expansion of community support to women on release from short sentences in 2014 and beyond. We have also been working with women’s services and the voluntary sector more widely to help build capacity for the new commissioning landscape.
Our recently published review of the women’s custodial estate set out our different approach to managing female prisoners. We are making changes so that prisoners can serve their sentence as close to home as possible, allowing them to maintain crucial family relationships. All women’s prisons will become resettlement prisons and will have access to through-the-gate services. We are also setting up new community employment regimes aimed at getting female prisoners into work on release; we are improving access to interventions; we are establishing and testing open units such as the one that I described at HMP Styal and the one at Drake Hall; and we are setting up, we hope, commercial employment opportunities at Styal.
We are seeking, where appropriate, to divert women away from the criminal justice system. We are doing that through joint work and collaboration with other Departments and key stakeholders, not just on the advisory board, which the Minister of State, Ministry of Justice, my right hon. Friend the Member for Bermondsey and Old Southwark, will chair, but on the Cabinet’s Social Justice Committee. In relation to the point made by the hon. Member for Bridgend (Mrs Moon), we will also be working with the Department of Health to test a core model for liaison and diversion services at police stations and courts over the next two years for those with mental health problems, including many women and, one would hope, many women in precisely the circumstances that she so passionately described.
It is perhaps worth making a final point in relation to female offenders. I know that my right hon. Friend intends to proceed with our commitment to update the House in March of this year. That will include updates on a cross-Government basis.
Let me now deal with the topic of older prisoners and make it clear that the Government are dedicated to ensuring that prisoners of all ages benefit from a safe, secure, decent and productive prison environment. That includes the unique challenges posed by older prisoners. As many right hon. and hon. Members have said, that is the fastest-growing group within the prison population. I am pleased to say that some extremely good examples of best practice are already well established across the prison estate. I know that we need to do more, but perhaps it is worth dwelling for a moment on some specifics.
Wakefield prison has a registered general nurse whose specific responsibility is care for older prisoners, in addition to the medical services available to the general population. That provides older prisoners with access to a rolling programme of annual assessments and referrals to specialist services, including podiatry, physiotherapy and a specialist provider of dentures.
We should recognise the training and support already available for prison staff. The crime reduction charity Nacro has worked with the Department of Health to develop resources for staff working with older prisoners. Excellent work has been undertaken by RECOOP—Resettlement and Care of Older ex-Offenders and Prisoners. That national charity promotes the care, resettlement and rehabilitation of older prisoners, offenders and ex-offenders. Grant funding has allowed RECOOP to employ regional consultants to help to set up interventions and to build capacity and skills to work with older offenders. Right hon. and hon. Members have referred to other charities and organisations that also do excellent work.
However, I am well aware that such examples are not uniformly dispersed across the prison estate. That point, too, has been made. There have been cases in which operational or resource pressures have meant that the care offered to these offenders has dropped below the standards to which we aspire. We need, therefore, to do more to ensure that standards are achieved across the whole estate.
Two of the areas on which I want to focus our attention are the availability of suitable prison accommodation and regimes, and the joined-up provision of health and social care. On accommodation, I acknowledge that the fabric of some of our older prison buildings, such as Dartmoor, which the hon. Member for Islington North (Jeremy Corbyn) mentioned, does not enable us to best meet the needs of older prisoners, and work is ongoing across the estate to enhance services for all prisoners in line with the Equality Act 2010. For example, improvements are under way at the reception area in Leeds at a cost of approximately £4.8 million, and a new health care centre is being developed at Durham at a cost of approximately £3.4 million.
In addition, officials in the National Offender Management Service are developing a process to assess, across the estate, current accommodation for prisoners with specific needs. The hon. Member for Hayes and Harlington (John McDonnell) raised that issue. It will involve a targeted approach, consistent with the levels of need likely to occur, and it should be completed by the end of 2014. The results of that survey will be used to direct further improvement. That, of course, is part of the reason why we believe that it is sensible to move from an older prison estate to a newer prison estate. It will simply be easier to deliver the type of accommodation that all of us in this Chamber agree is the right kind of accommodation and a better rehabilitative regime.
I direct right hon. and hon. Members’ attention to the 2014-15 service level agreements with all prisons. The National Offender Management Service has introduced two new commissioning intentions, which require prisons to assess the individual needs of all prisoners and ask them to state how they will meet those needs. That includes how the prisoners age and how that impacts on individual needs.
We recognise that more can be done to provide modified regimes for those who require them. I am pleased to be able to say that the National Offender Management Service will explore opportunities to adapt regimes in prisons where the needs of the population require that, and emulate the good practice highlighted in the Justice Committee’s report. That will include health and fitness, social and recreational activities, and support groups.
We expect that the Care Bill, which has been mentioned and is making its way through Parliament, will go some considerable way in supporting us, with our partners, to improve the provision of joined-up health and social care in prisons. The Bill will, for the first time, make it clear that local authorities in whose areas prisons are based will be responsible for the assessment and provision of social care for prisoners. We will be working with our partners in the Department of Health, NHS England and local authorities to develop policies on how that will work in practice, leading to the implementation of cross-agency guidance.
The hon. Member for Hayes and Harlington asked me a number of what I might describe as process questions. If he will forgive me, I will not go through those now, but I will certainly write to him, setting out what we can, to help him on that. However, I will pick up now a couple of the points that he raised. He and others have raised legitimate questions about where funding will come from. As he says, we will have to discuss this with local authorities in more depth, but the Department of Health will be responsible for supplying the additional funding necessary to assist local authorities with that obligation. He and others made a point in relation to the ordinary residence rule. To be clear, the responsibility on local authorities will be for those prisoners located at a prison within their local authority area. I hope that that is of assistance and that it will mean that we can be confident of seeing, by 2015, real change on the matters that the Select Committee has, rightly, raised concerns about. As the Committee has said, this is an issue of real importance, and I welcome the interest of all those who have spoken here today and of other members of the Committee in it. I know that they will continue to engage with it.
I again thank all those who have spoken in the debate and the Select Committee for all its work. As the Chairman of the Committee is aware, I know, as a former member of the Committee, the hard work that goes into producing such a report, and it is appreciated. He and others will recognise that to reduce reoffending across the board, we must ensure that the criminal justice system is responsive to the needs of all, whether offenders are male or female, old or young.
Offender Rehabilitation Bill [Lords]
Jeremy Wright Excerpts(10 years, 10 months ago)
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Jenny Chapman
Yes, I do. All I am asking for is parity. A public sector provider of these services is subject to a certain level of scrutiny, not least in respect of freedom of information, and when we are spending increasingly vast sums on a small number of private sector providers it is not unreasonable to expect them to be subject to similar oversight. The hon. Gentleman will not be surprised to learn that the Government voted against all these measures in Committee, saying that the current arrangements offer enough protection and assuring us that any necessary safeguards would be included in the contracts.
I am afraid to tell the Minister, who is well respected in this House, that it is a little difficult simply to accept even his word on such important issues, particularly given that the Government’s record on outsourcing is so awful. We have already discussed the compelling example of the court translation services contract, and another example fresh in our minds is the running of Oakwood prison.
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
I am grateful to the hon. Lady for giving way and, as ever, for her kind words. I suggest, however, that I am not asking her to take only my word about the safeguards in the contracts. We will publish the contracts in draft so that the House can see for itself.
Jenny Chapman
Perhaps, then, if that is the Minister’s attitude, he will be minded to support our new clause 5. It is reasonably worded and if he reads it carefully he might find that he can support it.
Returning to HMP Oakwood, the Government have somehow managed to build a brand new, state-of-the-art prison that seems to be failing on every imaginable front. A surprise prison inspection last year found inmates reporting that it was easier to get drugs than soap on the wings, while the inspectorate report revealed that the inexperience of staff was visible everywhere, with staff unwilling to challenge bad behaviour and many being
“passive almost to the point of collusion”.
As the report continued, indicators of levels of violence were high, there were not enough activity places and the control and supply of medication was “chaotic”. The chief inspector of prisons called the state of the prison “unquestionably concerning”. The Secretary of State was disappointingly somewhat less firm in his criticism, largely dismissing these as “teething problems”. A couple of months later, inmates managed to stage not one, but two rooftop protests. As late as last week, six months after the inspectorate visited the prison, West Staffordshire police were notified of an incident lasting through the night, apparently involving an entire wing being barricaded by inmates.
Jenny Chapman
I will attempt to assist the hon. and learned Gentleman. The point is that Oakwood prison is run by one of the would-be providers of probation services.
Jenny Chapman
Perhaps the Minister knows more than I do—I hope he does—but nothing we have read suggests that G4S will not take part in any way in the provision of these services. A statement made on 19 December informed us that it would not be a lead bidder, but also indicated that it might be part of a consortium.
Jeremy Wright
Perhaps I can help. The list of prime bidders has now been published, and Members may well find it worth their while to have a look at it. It is true that neither G4S nor Serco appears on the list, but a number of others organisations do, including 10 probation mutuals.
Jenny Chapman
But those are lead bidders, and I understand that none of the contracts will be taken on by one organisation alone. There is nothing to prevent G4S and others from being involved in the provision of probation services when the contracts are awarded. The other reason this information is relevant to probation is that it reveals that the quality of the supervision and enforcement of contracts by the Ministry of Justice is not quite what we would like it to be.
Sir Edward Garnier
Is it St Francis I am reminded of: “Oh Lord make me pure, but not yet”?
Sir Edward Garnier
St Augustine. I am so glad for that correction. The Minister is multi-talented.
I do not think I need to pursue my argument. I have made the point I want to make, and I understand the points the hon. Member for Darlington has made and I disagree with them. I suggest we get on and permit the arrangements to be advanced as soon as possible. I say that not out of party political animus; I say it out of a desire to see something done, having spent five years in opposition between 2005 and just short of 2010 taking an intense interest in the way in which we ran our prison system, our criminal justice system and our rehabilitation system. I also say it as someone who has sat for 12 or so years as a Crown court recorder and who had to deal quite regularly with the results of failure, and I think the time has come to stop that.
Sarah Champion
I hear that point and I have heard it made for months now, but I do not agree that that is the only way forward and I am yet to hear the evidence that tells me that it is the best way forward. I would like to develop that point.
As we are not being presented with evidence, the only conclusion I can reach is that the policy is driven by ideology rather than facts. This is not a subject we should be playing with. We need to have evidence and proof. Even a pilot would give us time—that breathing space and that evidence. That is why I support new clause 4. The proposal is being rushed through. The system is over 100 years old and it has served us well in that time; we have been debating the proposal for only the past six months.
I would like to set the record straight once again on Labour’s position. We are not in any way opposed to supporting offenders who have had sentences of under 12 months. We actually tried to bring that support through but were unable to do so. We are very supportive of that, but we question the one way that has been presented to us in which it should be done.
Jeremy Wright
The hon. Lady is right that the previous Labour Government set out exactly such an aspiration and she is right, too, that they came to the conclusion that they could not achieve it, but does she not accept that they came to that conclusion because they could not find a way of affording it? That is precisely why we have put forward these proposals—it is the only way we can see of affording that extra cost. So far, I have heard nothing to suggest that there is an alternative.
Sarah Champion
I support what the Minister says, but there are two points to make. First, we have not been presented with the costs, so we do not know whether it can be afforded. Secondly, I do not agree with the premise that that is the only way to go forward.
Although I would not choose it, we are not fundamentally opposed to commercial companies tendering for and running Government contracts, as long as they are proved to be the best provider. We are also not at any level against voluntary organisations being involved. Indeed, a number of such organisations are providing specialist services in Rotherham, and we want that to continue. I am sure that that is happening across the country. This is not an either/or situation.
I want to use this debate to challenge some of the Government’s reasons for this massive overhaul of our judicial system, in the hope that even just one person in the Chamber will listen to some of the evidence that we are putting forward and question the assumptions that are being made. The underlying assumption is that the existing system is not fit for purpose, yet the National Offender Management Service published a report in July 2012 that demonstrated that the quality of the probation service was either good or exceptional in every single probation trust. After the probation service as a whole won an award for excellence in 2011, the hon. Member for Reigate (Mr Blunt), who was Minister for prisons and probation at the time, said—
Sarah Champion
Unfortunately, I cannot explain that, because the plans have not been put before us. I am therefore unable to scrutinise them or to change them to the degree that I would like. I am supporting new clause 1 because I would like the House to be able to debate those matters, but we are not being given the opportunity to do so.
Another assumption that is being presented to us is that probation trusts are failing to reduce reoffending rates, yet reoffending rates are falling. The latest statistics published by the Ministry of Justice show that the probation service reduced reoffending by a further 5% below the target figure. This continues the downward trend in reoffending rates witnessed over recent years, and reoffending by all adult offenders in the community subject to probation supervision is now at its lowest since 2007-08. The probation service has achieved that while making the considerable budgetary savings asked of it. In South Yorkshire, the figures are even better, at 12.77% lower than the target figure.
Reoffending rates are important, but they are not the only criterion for success in this area. The probation service can also boast that victim feedback has been positive in 98% of cases; that targets for completions on domestic violence interventions, and for court report timeliness, have been met and exceeded; and that completion targets were also met or exceeded on the vast majority of probation programmes. The probation trusts are doing a superb job, and they should be allowed to continue to do so.
Another assumption that keeps being mentioned in the debate is that the only way in which supervision for people serving a sentence of under 12 months can be afforded is through privatisation. However, the proposals will necessitate the wholesale reorganisation of the probation service and a lengthy and complex national tendering and contracting process, all of which will require significant investment before we even get to the meat of doing the job. There is huge concern over the lack of information on the cost of the proposals. We have asked for that information, but it has not been presented. Despite the publication of several impact assessments, the Ministry of Justice has yet to set out the cost of the reforms and the way in which they will be funded. This is a fundamental point. If we are expected to take this leap in the dark, at least we should be chucked a lifeboat so that we can get into it.
The current budget for probation is approximately £800 million a year, suggesting a 10-year budget of £8 billion. The House of Commons Library has broadly estimated that the 10-year value of outsourced probation would be between £5 billion and £20 billion. That is in addition to the budget for the remaining public sector probation service. That suggests that a significant increase in costs is being predicted, contrary to Ministry of Justice claims that the reforms are a cost-saving initiative. In addition, there would be the unknown percentage resulting from performance-related pay.
Now it starts to get surreal—not that it was not already. The Government say that the probation service cannot tender because of the performance-related pay aspect, so why do they not just drop that element? The probation trusts have been saying all along that they would like the opportunity to support people serving short-term sentences. They are clearly the best trained and most skilled specialist people to do that work, but they are not even being allowed to tender for it. I find it incredibly challenging that the main stumbling block to retaining the status quo in that area is that the Government will not drop the performance-related pay element.
I support new clauses 5 and 11, but other people want to speak so I shall not say any more about the companies that are tendering for the work. Nor will I go into the whole data protection issue that will result from state, private and voluntary organisations sharing information. My hon. Friend the Member for Darlington (Jenny Chapman) has already mentioned the logistics of reorganisation and the risks incurred during a transition period. Those risks are enormous. We are not talking about people not getting paid for a week. We are talking about people being out in the community without the necessary supervision, and the potential for the data to collapse around them so that we would not even know where they were.
In conclusion, new clause 1 would prevent the Government from being able to sell off or restructure the probation service unless their proposals had first been laid before, and approved by, both Houses of Parliament. The Government have not given Parliament any opportunity to scrutinise their plans to privatise probation, claiming instead that they can use existing legislation to push the plans through. The only time we have debated this topic is during Opposition day debates. That cannot be democratic. The way in which this has been handled has shaken me to the core.
Jeremy Wright
Of course democratic accountability is important. The hon. Lady has mentioned the opportunities the House has had to debate these matters. She has mentioned the Opposition day debate, in which there was a vote and the House voted against her point of view. She has also mentioned the Second Reading debate, after which the House voted against her point of view. She was also in the Committee, where the Committee voted against her point of view. How much more democracy does she need?
Sarah Champion
Again, it would be nice to have the evidence; instead, we are debating in the dark. I find it shocking that we had to raise the issue in an Opposition day debate, rather than the Government presenting their findings to us.
For me, it is right and proper that this House should debate the privatisation of 70% of probation services; the fragmentation of the resulting services; the abolition of local probation trusts; the commissioning of services direct from Westminster; and the imposition of an untried, untested payment-by-results model. Instead, the Government are pushing ahead with their half-baked plans for probation privatisation by misusing existing legislation and avoiding parliamentary scrutiny. I can only assume that that decision is driven by political ideology, but this proposal will put the public at risk.
The chairs of the probation trusts of Derbyshire, Leicestershire and Warwickshire have written to the Minister to warn him of the dire consequences of rushing this reform through. Those experts say that
“performance is bound to be damaged and that public protection failures will inevitably increase”.
They go on to say that the fragmentation proposed by this Government would lead to
“more systemic risks and more preventable serious attacks and deaths”
and that the current timetable was
“unrealistic and unreasonable...with serious implications for service delivery and therefore increases the risk to public”.
I urge the Minister to listen to the people who know and understand the service best, and to support our proposal in new clause 1.
Meg Hillier
I rise to support new clauses 1 and 4. I will not repeat the excellent arguments that my hon. Friends have made, but I am concerned about the impact that this big and sudden change to the probation service will have in my community and on offender rehabilitation, both of which are central to the aims of the Bill, which is why elements of it enjoy cross-party support.
I am not opposed to having specialist providers in the probation service. For example, there is a high incidence of mental health problems in my constituency, and in Hackney as a whole, and many of the people affected, if they get caught up in the criminal justice system, would benefit from more specialised services, so I am not opposed to the private sector or voluntary bodies coming in to provide certain aspects of probation.
However, the scale of this outsourcing, particularly when it is being done in such a hurry, poses a real risk. I believe that it will reduce standards. People will be taken on by large companies that have no track record in probation, and will be paid at much lower levels, as probation assistants, rather than full-blown and experienced probation officers. I call it probation-lite. Those people will be making very important decisions. They will decide, for instance, whether someone is a high-risk offender who needs to be transferred to a probation officer. There is a risk there.
Jeremy Wright
It might help the hon. Lady if I clarified two points relating to what she has just said. First, in all contracts we will expect those taking on the work to employ properly skilled staff—not to do so will not be permitted. Secondly, those who decide whether someone is a high, medium or low-risk offender will be public sector national probation service employees, not contractors.
Meg Hillier
I thank the Minister for that clarification, particularly the first point, which is indeed good news. I was not a member of the Public Bill Committee and so might have missed some changes that have been made.
Mr David Hanson (Delyn) (Lab)
I begin by echoing the comments of my hon. Friend the Member for Darlington (Jenny Chapman) about our late colleague Paul Goggins. I followed him as a Justice Minister, doing the job he did when he was in the Home Office and had responsibility for probation, and I know how well respected he was in the sector, by officials and the community at large. I also had the pleasure of sharing time with him as a Northern Ireland Minister, where he was also well respected. This is my first opportunity to put that on the record in the House. I will attend his funeral on Thursday, along with many colleagues across the House, to pay my final respects to Paul for all his work.
I wanted to speak in this debate for several reasons. Nobody disagrees with the Government’s general premise for dealing with offenders sentenced to 12 months or less in prison. They are often prolific offenders who go on to reoffend. They are often tomorrow’s serious offenders. It was an aspiration we had when I served in the Ministry of Justice to try to reduce their reoffending. We need to involve the voluntary and private sectors in supporting rehabilitation work for individuals who go to prison and come out within 12 months. Housing associations, voluntary providers and employers all have a role to play. That can be done in a positive way by the voluntary and private sectors.
Let us therefore not have a debate today on the difference between the Government and the Opposition on the need to involve some elements of the voluntary and private sectors. Instead, I want to raise my concerns about the issues addressed by new clauses 1 and 4. New clause 1 would ensure that we put a parliamentary brake on reorganisation, pending proper parliamentary scrutiny, and new clause 4 would put in place a pilot to test some difficult and serious matters in relation to which mistakes—they will be made, because that is the nature of the business the Minister deals with—will have a real impact on the community at large.
New clause 1, which I fully support, would prevent the Government from selling off or restructuring the probation service unless the proposals had first been laid before, and approved by, both Houses of Parliament. It is no secret that if the Government did that this year, they could put a Bill before Parliament and get it through before the general election. They could have it scrutinised and probably, because of the votes they have in this House, get their way. I object to the Government using the Offender Management Act 2007 to achieve that objective. I declare an interest, because I was the Minister who took that Act through the House. At the time I was pressed strongly by many Members on my own side, including my hon. Friend the Member for Hayes and Harlington (John McDonnell), on whether it meant the privatisation and break-up of the probation service. I was pressed very hard about whether it meant, in practice, the abolition, ultimately, of probation trusts.
I gave assurances during the Bill’s passage through the House and I want to repeat them today, not because they have not been heard here before, but because they support what my hon. Friend the Member for Darlington says in new clause 1 and are worthy of repetition. On 18 July 2007, I, as the Minister, said from the Dispatch Box:
“There will be a mixture of commissioning. Some will be at national level, because in certain cases and with certain contracts that will be the best way of securing a strong and efficient service. There will also be a strong role for those commissioning work at regional level. As my hon. Friend surely accepts, economies of scale will sometimes be necessary, and some services will be best purchased and commissioned at that level. However, there will also be a need for local probation trusts to act not just as service deliverers but as commissioners of services from the voluntary sector, or from others, providing a proper service to help prevent reoffending at local level.”—[Official Report, 18 July 2007; Vol. 463, c. 352-53.]
I said that in support of what my noble Friend Baroness Scotland and the then Lord Chancellor, my noble Friend Lord Falconer, said in another place when introducing the Offender Management Bill. I would be interested to hear what the Minister has to say about that. I am very pleased that the hon. and learned Member for Harborough (Sir Edward Garnier) is present, because I said it in response to a Lords amendment that he supported and that sought to do exactly what the Minister is seeking to do now to the probation service. We rejected it and I put it on record that the Offender Management Bill would not be used for that purpose.
I would be grateful if the Minister reflected on Pepper v. Hart from 1992. Legislation can be interpreted according to what a Minister said at the Dispatch Box about what they thought about a particular interpretation of a Bill. My assessment is that during our deliberations on the Offender Management Act, I, on behalf of the then Government, rejected from the Dispatch Box an amendment that sought to do what the Minister is now doing; supported the aspirations of my noble Friends Lord Falconer and Baroness Scotland; and spoke in support of retaining probation trusts to commission at a national, regional and local level. As my hon. Friend the Member for Hayes and Harlington has said, it is an abuse of this House for the Minister to try to use that legislation to secure his objective.
Will the Minister—just for me, so I can sleep easy in my bed—put on public record the legal advice he has received that says that he can do what he is doing, so that we can test his interpretation against the potential interpretation of lawyers outside the House under the terms of Pepper v. Hart?
Jeremy Wright
I am not sure I will be able to help the right hon. Gentleman sleep easier in his bed. Equally, I do not want to pull rank on him, but I have to put to him something that was said by his then boss—the then Home Secretary and the now noble Lord Reid—on Third Reading of the Offender Management Bill in this House:
“I can therefore give an assurance today…that the core offender management tasks of the probation service—for example, offender report writing, offender supervision and breach proceedings—will remain in the public sector for the next three years.”—[Official Report, 28 February 2007; Vol. 457, c. 1024.]
Will the right hon. Gentleman explain why his then boss did not say “for ever” instead of
“for the next three years”?
Mr Hanson
I do not wish to upset the Minister, because he is a decent cove, as far as he can be with his brief, but the noble Lord Reid was never my boss. I have never served under him and he never line managed me in any way, shape or form. When I served as a Justice Minister, my noble Friend Lord Falconer and my right hon. Friend the Member for Blackburn (Mr Straw) were my bosses. What I said at the Dispatch Box at the time was said on their behalf. We supported a publicly supported probation service.
Jeremy Wright
I take the right hon. Gentleman’s point that I will have a chance to respond later and I suspect I will have quite a bit to respond to by then, but I wish to address this specific point. I apologise to him for my misunderstanding of the chain of command back in the days of his time in government. However, unless I misunderstand him, I do not think he is suggesting that the noble Lord Reid was not speaking for the Government on that occasion. On the question of whether I will publish legal advice, I can do better than that by referring the right hon. Gentleman to the Offender Management Act itself. Section 3(2) states:
“The Secretary of State may make contractual or other arrangements with any other person for the making of the probation provision.”
That is clear authority to do what we are doing, is it not?
Mr Hanson
This is the nub of the argument: I accept that the Minister believes he is acting in good faith under the Act, but what I am saying is that the interpretation I gave from the Dispatch Box, and that other Ministers gave in another place and in this House, was that the Act could not to be used for the Minister’s current purposes. My interpretation was that the Act could be used to contract the voluntary and private sector to deliver some services, but not the core probation service, which is what the Minister seeks to do. We can disagree about that—it is a matter of conjecture—and I think that the appropriateness of our comments could be tested under Pepper v. Hart.
If the Minister votes for new clause 1 he will have an opportunity to bring back new proposals and, as has been suggested, to pilot them so that we do not have to take a serious gamble and have an artificial split between public and private providers, or face the risk of cherry-picking and big companies hoovering up contracts. Moreover, we would not have the risk brought to my attention by a probation officer in my own constituency who corresponded with me this very week. She will remain anonymous because of her current status, but she said in her letter:
“This system is not tested. It’s just ideas and assumptions based on political ideologies. Knowing the work as intimately as I do I can’t tell you how risky this is.”
I know from my time in the Ministry of Justice that there will be risks and challenges in the management of offenders. One of the serious cases with which I had to deal as a Minister was when a low-level offender who was being supervised by the then London probation service broke into a property in Lewisham, close to the constituency of my hon. Friend the Member for Lewisham East (Heidi Alexander), undertook a burglary and, in doing so, murdered two individuals, set fire to them and burned the property down. The offender was given sentences of 40 and 35 years respectively and is, as we speak, serving them at Her Majesty’s pleasure. That was a low-level offender who committed a high-level offence. There is always risk.
I accept that that happened under the probation service—mistakes will happen; this is a risky business—but I am worried about the steps the Minister is taking without the pilot proposed by new clause 4 or the brake and proper parliamentary scrutiny proposed by new clause 1. That raises the risk even higher in a system that, by its very nature, is risky.
Heidi Alexander (Lewisham East) (Lab)
It is a pleasure to follow my right hon. Friend the Member for Delyn (Mr Hanson). He has great expertise in this matter, given his previous ministerial role. I am not sure that I will trouble the Minister with the same level of detail about the proposals. I want to make a short speech on some of the things I have learned about how the probation service operates in my area and about the need for us in Parliament to have a vote on whether the wholesale privatisation of the probation service should go ahead.
In recent weeks, I have visited Lewisham probation trust and met its staff. The Lewisham trust is very busy. It ranks fourth among London boroughs with respect to the complexity and risk of the cases with which it deals. A quarter of the cases it deals with involve young people aged between 18 and 25.
When I spoke to staff, they expressed very serious concerns about the plans to fragment and break up the probation service and, indeed, to privatise great chunks of it. They believe that the proposals actually endanger some of the important and innovative work they are doing. For example, they recently set up a specialist team to deal with the problem of young offenders, whereby staff time is split between the youth offending service and the probation staff so that the two services join up better. They told me that the proposals the Government wish to force through in the next year will lead to huge upheaval and massive duplication, and will make it less likely that the work that is so important in our community for reducing reoffending is moved forward and can bring about the outcomes we all want.
The management of the trust told me that instead of being externally focused on reducing reoffending and protecting the public, over the next couple of months their priority will be to support staff through the transition and to make sure that they move cases between the split services in a way that ensures that no cases are lost and no mistakes are made. That does not make sense to me. The priority for the management and those with experience should be to ask, “How do we reduce rates of reoffending out there in the community?”
What will happen when the case load is split? As I understand it, 70% of the cases will be dealt with by community rehabilitation companies and others will be left with the new national probation service. How will those really difficult decisions be made about the risk that such young offenders present? The people who work in the probation service tell me that such judgments, particularly those about young people, are very difficult to make.
Jeremy Wright
The first point I want to make to the hon. Lady is that the proposals we are discussing do not cover young offenders, but only adults. The second point is one that I made earlier, but I am not sure whether she was in the Chamber at the time. It is that in relation to risk assessments and the judgments she describes—I accept that they are difficult—such judgments will be made by employees of the national probation service, who are public sector employees.
Heidi Alexander
I fear that the Minister may have misunderstood me. When I spoke about young people, I meant those between 18 and 25. As I understand it, the proposals in the Bill relate to that age group.
Another point that has been made to me by probation staff in Lewisham is that one key to the reduction of reoffending relates is having stable relationships between probation staff and the individuals with whom they work, so that they can build trust and work together to achieve the things that will put those young adults on to a better path in life. If young people are transferred between different organisations because their risk fluctuates, I wonder how there can be that stability in such relationships that I am told is so crucial to the reduction of reoffending.
Some Government Members, particularly the hon. and learned Member for Harborough (Sir Edward Garnier), seemed to suggest that the Opposition have some ulterior motive for saying that we want to pilot the schemes and to have a vote in this House before these very significant proposals go ahead. I want to put it on the record that our interest in this debate is public safety, what is effective and what works. They ascribe to us motives that simply do not represent our position. We are advocating what is in the best interests of the public and asking how we can really get to grips with reducing rates of reoffending, which are far too high in our country.
Jeremy Wright
May I begin by endorsing entirely what the hon. Member for Darlington (Jenny Chapman) and the right hon. Member for Delyn (Mr Hanson) said about Paul Goggins? Paul was the first Minister I went to see as a newly elected Back Bencher. I was struck not only by his command of the brief, but by his inherent kindness, his reaction to somebody who was not of his party and his willingness to give me whatever assistance he could. That continued throughout the time that I knew him in this House. As others have said, he will be missed on a personal level by a great many people on both sides of the Chamber. It is right for us to recognise today that he will be missed in debates such as this. The lack of his warmth and wisdom on these subjects and many others will make our debates all the poorer. I know that we will all miss him in the Chamber more generally.
We have had an interesting and informed debate on this group of new clauses. There is no doubt that the substantial burden of the debate on the Bill has been not about the contents of the Bill, which are broadly uncontroversial, but about the wider reforms that surround the Bill. I understand why that is. It might therefore be helpful if I spend a little time dealing with what is at the heart of the Government’s reforms to probation and why we believe they are so urgent. That will relate to the issue of piloting, which has been raised this afternoon.
Jenny Chapman
If the Minister wants us to accept everything that he has said so far, will he explain why it was a good idea to cancel the trust probation pilots when he did?
Jeremy Wright
The pilots that we cancelled were not sufficiently close to the proposals that we are making for us to learn as much as Opposition Members would like us to have learned from their conclusion. That does not mean that we learned nothing from their period of operation. The point has been made from the Opposition Benches that it is possible to learn from pilots even if they are not allowed to run to full term. We certainly have learned from those pilots and from other experiences of payment by results. I will return to that point in a moment.
The Government essentially had two options. We had to decide how to approach the task of tackling reoffending rates within our means. The hon. Member for Lewisham East (Heidi Alexander) is right that reoffending rates are too high. We could not allow that situation to continue without a response. We could simply have imposed further significant cuts on the 35 probation trusts without targeting our efforts on those with the highest reoffending rates, or we could have brought in innovative approaches to supporting offenders that would also be more efficient and that would allow us to reinvest some of the savings to target support through the gate on the under 12-month group. We chose the latter option. At the heart of our proposals is the aim of opening up the supervision of low and medium-risk offenders to a diverse range of new rehabilitation providers to bring in the best of all sectors to tackle reoffending.
The right hon. Member for Delyn discussed the Offender Management Act 2007. He was here at the time and witnessed the passage of the Act at first hand. He knows that what I have described was the policy of the Government at that time. The Opposition want to forget it now, but they have to be reminded that the powers for which they legislated and to which Parliament agreed in 2007 entirely underpin the reforms that this Government are making. I have explained what Lord Reid said when he was Home Secretary. He made the matter perfectly clear when he said:
“The Secretary of State…will be responsible for ensuring service provision by entering into contracts with the public, private or voluntary sectors. With that burden lifted, the public sector can play to its strengths while others play to theirs.”—[Official Report, 11 December 2006; Vol. 454, c. 593.]
Mrs Main
The Minister is making a powerful case for why there needs to be reorganisation. However, will he help the staff who will be involved in the transition process by saying what the new organisations will look like? My constituents have told me that there is uncertainty about the new bodies that they will be obliged to work with and concern about what they will look like. Perhaps that would help to make the transition a little easier.
Jeremy Wright
I agree with my hon. Friend that it is important to keep existing staff informed about what is going on. We are trying very hard to do that. If there are specific issues in her area, I am happy to look at them. We are keen to ensure that staff are informed. If she will forgive me, I will come back a little later to the pace of the changes that we are making, which has been a substantial issue this afternoon.
Before I do that, I want to make a couple more points about the background to this point, and the issue of further parliamentary approval for what we are suggesting. I have already made the point that section 3(2) of the Offender Management Act 2007 states:
“The Secretary of State may make contractual or other arrangements with any other person for the making of the probation provision.”
In Committee, the Opposition were unable to dispute that the power that they legislated for is clear and unambiguous. The phrase
“contractual or other arrangements with any other person”
does not mean solely with probation trusts or trusts commissioning other providers, or solely with the public sector.
Mr Hanson
I do not wish to take up too much time on this point, but the Minister will know that when that debate took place, the intention was that the national probation service and the Ministry of Justice could contract for unpaid work, for example, on a national basis, but that for core probation services the probation service locally would still be responsible for the lead provision under that Act.
Jeremy Wright
Again—I made this point earlier when I intervened on the right hon. Gentleman—I do not think that Lord Reid could have been any clearer on Third Reading. No doubt under considerable pressure from Back Benchers in his party, he undertook that those core functions, including two things that we do not propose to move from the public sector—advice to court and breach of proceedings—would remain in the public sector for three years. That was not in perpetuity, not as a matter of principle, but for three years which, conveniently enough, took him up to the date of the general election. I think we can all take from that a pretty clear understanding that the Labour Government were not promising that those functions would stay in the public sector for ever; they did it to take them up to the general election.
Mr Hanson
Can we be clear? Lord Reid was not the Minister responsible when the 2007 Act was dealt with in these Houses of Parliament. I was the Minister of State, my boss was Lord Falconer, and the Minister in the other place was Baroness Scotland. Those were the three Ministers dealing with the 2007 Act in June 2007.
Jeremy Wright
I understand the right hon. Gentleman’s point, but it is pretty clear that Lord Reid was speaking on Third Reading of that Bill on behalf of the Government. If the right hon. Gentleman thinks that what Lord Reid was saying did not represent the Government’s position, he had better take it up with him. We have to go by what Hansard tells us.
Mr Sheerman
As someone who was present at that time, and who would count themselves as a reasonably good friend of Lord Reid, I think there is a different interpretation and that the Minister is taking this out of context. Lord Reid had no experience of the many private sector providers, such as Capita and G4S, that are being sought for this role but that now have a different focus and profile because they have failed. With that experience, do we really want to destabilise a wonderful profession and give it to companies such as those?
Jeremy Wright
The hon. Gentleman is making a slightly different point. I am talking about what authority is given to this Government by the Offender Management Act and, more broadly, what the previous Government thought they were doing when they passed it. The case made by Labour Members is that we have in some way taken that Act and twisted its meaning. It has been taken wholly out of context, and we have a travesty of a representation of what that Act says and means. I have been saying to the right hon. Member for Delyn and his colleagues that what the Act says is very clear, and the Hansard that supports it is also clear. Not only did the previous Government anticipate that such a thing could happen, they chose not to rule out the possibility of its happening. They had every opportunity to do so but they did not take it. That is my point.
More to the point and in connection with further parliamentary approval, the Offender Management Act says nothing about requiring Parliament to approve the exercise of that power. By contrast, section 15 of the Offender Management Act provides that an order repealing or disapplying the restriction of certain functions, including advice to court, to the public sector, must be subject to parliamentary approval. If, when in government, the Opposition had wanted to ensure that the power in section 3 for the Secretary of State to enter into arrangements for probation provision was subject to the affirmative resolution procedure, they could have done so, but they did not.
What is more, the Labour Government were prepared to guarantee that the supervision of offenders more widely would remain in the public sector for only three years, as I have said. Let us be clear: the Labour Government’s position was that the supervision of any offender—not just medium or low-risk offenders—could at some stage be competed for outside the public sector. This Government are not saying that. We say that medium and low-risk offenders should be competed for. Secondly, the Labour Government’s position was that the only element of parliamentary scrutiny of the Secretary of State’s powers to organise the probation service relates to the relatively narrow concept of advice to courts, which this Government do not intend to alter. Thirdly, the previous Government’s position was that the public sector monopoly on providers would be guaranteed for only three years.
The hon. Member for Darlington now proposes a new version of the new clause. I am not convinced that new clause 1 does exactly what the Opposition want, because the word “national” next to the word “restructure”, which is designed to avoid the need for any small change of probation to be debated in the House, does not necessarily apply to the word “reform”. Therefore, we might end up being asked to discuss very minor changes to the probation service. Beyond that, the basic point is that the Labour Government were given the opportunity to ask for a further check in Parliament for the provision but did not do so. It is a little odd that Labour Members now say that they want one.
On the substance of the reforms, we have spoken about the establishment of 21 new community rehabilitation companies in England and Wales. In the first instance, they will be publicly owned for a number of months before we consider whether to transfer ownership to other organisations. It is open to organisations from the private, voluntary and community sectors, as well as organisations currently working in probation trusts, to bid for those first-tier contracts. Part of the payment of those organisations will be based on results, so that we incentivise a greater focus on tackling reoffending and achieving better value for the taxpayer.
A number of the proposals tabled by the hon. Member for Hayes and Harlington (John McDonnell)—he has tabled new clauses 9, 10 and 11—remain flawed, as they were in Committee. As drafted, they would apply only after a competition has concluded, and would not prevent organisations from bidding, which is what I believe he wants to do.
Jenny Chapman
The Minister unsurprisingly comes up with technical reasons why those proposals are deficient, but he knows what my hon. Friend the Member for Hayes and Harlington (John McDonnell) is getting at. Will the Minister therefore confirm that he will not accept bids from any consortium that has, as a partner, G4S or any other organisation that is under criminal investigation by the Serious Fraud Office?
Jeremy Wright
I entirely understand what the hon. Member for Hayes and Harlington is getting at, but I am afraid that I do not dismiss as lightly as the hon. Lady flaws in the proposals that we are being asked to support. If they are flawed, the House should not support them.
Let me reiterate the Government’s commitment to publishing contracts for the delivery of services to low and medium-risk offenders. That includes not just draft contracts, as I have said, but final versions of the future contracts for probation services. I hope that that is some reassurance to the hon. Member for Hayes and Harlington. Likewise, I reassure him that the Government will include within the contracts for rehabilitation services a provision that enables the National Audit Office to access private providers’ records and documents for audit purposes. Of course, the NAO might require access to the community rehabilitation companies’ financial systems when there is a need for public assurance. That will be reflected in the contracts. That also answers the point made by the hon. Member for Hackney South and Shoreditch (Meg Hillier).
The new clauses seek to limit who can bid for contracts by excluding certain organisations. For example, prime providers for the Work programme could be excluded. I am afraid that that would simply reduce the diversity of the market of rehabilitation providers. Many organisations are doing important work within the Work programme, including voluntary organisations working with disabled and disadvantaged people.
The hon. Member for Darlington made a point on fraud, which the new clauses tabled by the hon. Member for Hayes and Harlington address. Let me be clear that the Justice Secretary and I are determined to ensure the integrity of future contracts to deliver value for money for the taxpayer. The Ministry of Justice is currently following a proper procurement process and will do so in future competitions. It is that process that should rightly be used to determine who can bid for contracts and who the future providers of services should be. Procurement law permits consideration of issues that affect a bidder’s eligibility, such as fraud, only at the initial prequalification stage, and not after that stage unless a bidder’s circumstances have changed.
In respect of the current competition to identify the future owners of the 21 CRCs, the prequalification stage was completed in December. Even at that stage, we would not have been legally allowed to exclude a bidder on the grounds that they were under investigation for fraud. The grounds for mandatory exclusion under procurement law are that the bidder has, or any of its directors have, been convicted of fraud. The ongoing investigation by the Serious Fraud Office into the conduct of G4S and Serco—which, I remind the House, this Secretary of State initiated—in delivering the Government’s electronic monitoring contracts would not have provided a legal basis for excluding those organisations from the current competition.
Jenny Chapman
I just want to be clear about this, so that colleagues on both sides of the House can be clear. Despite all the assurances that the Minister has given here in the past, he is saying that companies under criminal investigation by the SFO will be able to be partners in bidding for provision of services to monitor offenders in the community.
Jeremy Wright
The point I am making is that the rules, which pre-existed this Government by the way, are very clear: investigation is not the same thing as conviction. We have made it very clear, however, that we have initiated our own investigations. I have warned the hon. Lady before that she is sitting in a very large glass house and that she should think before throwing stones. This is a contract negotiated by her Government and substantially abused, it would seem, during her Government’s term in office. That abuse was discovered by this Government and acted on by this Government. She is hardly in a position to suggest that we have behaved in any way improperly. In any event, I remind the House that both organisations, Serco and G4S, are not on the list of lead providers.
The hon. Member for Hayes and Harlington raised the question of whether those organisations could act in a supporting role. The answer is that we will want to look very carefully not just at the process of corporate renewal those companies are undergoing at the moment but at the specific bids they are making. However, they are not on the list of lead providers. I remind Opposition Members that we were told not so very long ago that the proposals could never work without G4S and Serco, that no one would be interested in bidding. We have a list of 30 different bidders, comprising 50 different organisations at lead bidder level. The Opposition are simply wrong about the level of interest.
John McDonnell
I just want to get this absolutely clear and on the record. What the Minister is saying is that the two organisations that the Serious Fraud Office is investigating will be allowed to bid as part of a consortium for some of these contracts. In addition, I see that also on the list are A4E, which, if I remember rightly, was forced to hand back money to the Government as a result of its failure on contracts—in fact, some fraudulent activity on contracts—for the Department for Work and Pensions. We are opening up this whole network to a group of villains.
Jeremy Wright
The hon. Gentleman needs to be very careful with his language. He needs to understand that someone being investigated is not the same thing as someone being found responsible for poor conduct. It is important for a Justice Minister, in particular, to recognise that distinction. I assure him that in relation to each and every bid we receive we will look very carefully not just at the bid but at the organisations making the bid. He has heard me say on many occasions that we will not be awarding contracts to any organisation we think unfit to hold them.
Let me make the point, because it has been raised, that all the bidders on our list have experience of either working with offenders or across the wider criminal justice system. This is exactly the broad market that we want to see deliver these services. Below the community rehabilitation company level, we want to ensure that smaller organisations from the voluntary community and social enterprise sectors are able to play a key role in delivering rehabilitation.
Mr Marsden
I am grateful to the Minister for being generous in giving way, but does he not understand that the Secretary of State introducing these proposals is the same Secretary of State who did the same thing with the Work programme, from which those voluntary and third sector organisations are, more or less, entirely absent?
Jeremy Wright
I do not agree with the hon. Gentleman’s characterisation of the Work programme, and anyway, as he might have heard me say more than once, this proposal is not a clone of that programme. It is a different proposal, as it must be, because the criminal justice system is a different entity. It is important to recognise that.
On smaller voluntary organisations, about which people have understandable concerns, the House might be interested to know that along with the 30 lead providers that have passed the competition’s first stage, a further 800 organisations have expressed an interest in playing a role as part of the wider supply chain, with more than 550 voluntary sector organisations among them. In the process of contract management, we will want to manage properly the relationships between the larger and smaller players to ensure that those relationships are sustainable in the long term.
John McDonnell
Let me explain to the Minister why some of us feel strongly about this matter and why some of our language is strong. The Government awarded the contract for unpaid work in Greater London—so this affects our constituencies—to Serco. I will briefly set out some of the problems that have occurred: works shops have been closed, shutting down placements for women high-risk offenders; offenders recently complained to a probation officer in north-west London—my area—that no supervisors were available onsite; and rival gang members have been placed on the same scheme and transported in the same way. In addition, a known sex offender was alleged to be on the same placement as a victim. That is why we are angry.
Jeremy Wright
I understand the hon. Gentleman’s concern, but I do not agree with his characterisation of Serco’s contract. As he would expect, we have looked closely at its performance under the contract and, again, I assure him that we will look closely at all those who bid for this work. As with all competitions, the decision to award each contract depends on our being satisfied that bidders can meet our standards in respect of quality of service and price and, in this case too, on our being satisfied about the financial risk being taken to reduce reoffending and ensuring good value for the taxpayer. If we are not satisfied that overall bidders can meet our requirements, we will not award them contracts.
Hon. Members have raised the issue of the management of high-risk offenders, so let me make it clear exactly what will be involved. We are creating a new national probation service to manage directly all offenders who pose a high risk of serious harm and any sexual or violent offenders subject to multi-agency public protection arrangements. After an offender has been sentenced, the NPS will make an initial assessment of an offender’s risk of causing harm, and all offenders assessed as posing a high risk of serious harm will be the responsibility of the NPS. For low and medium-risk offenders, CRCs will be required to manage any risk of serious harm that the offender might present and to have appropriately trained staff and robust procedures in place for the management of cases where the risk of serious harm escalates to high during the offender’s supervision. They will also be contractually required to refer cases back to the NPS if they consider that the risk of serious harm might be escalating. In the end, the decision will be taken by the NPS.
New clauses 5 and 13 deal with reports by the Secretary of State to Parliament and the public on the impact of the reforms we intend to make. I want to reassure the House that the Government are already committed to acting in the spirit of those amendments. We are already considering how we can provide information about reoffending rates broken down by CRCs and the NPS. As Members will know, the MOJ already publishes reoffending statistics, not just annually but every three months, broken down by probation trust, prison and upper and lower-tier local authorities. I am happy to commit to the House that, in the future, the reports will break down reoffending rates for the different CRCs and the NPS. Indeed, as a first step, we have already published on the MOJ website a set of indicative figures to show what reoffending rates and cohort sizes in each contract package area would have looked like had the new structure been in place for the 2005-10 period. We are also piloting the justice data lab, about which I have spoken before, which will give providers the opportunity to match the performance of their cohort with something comparable.
On freedom of information, CRCs will be required in contracts to assist the MOJ in discharging its obligations under the Freedom of Information Act—very much along the lines of what my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith), the Chairman of the Select Committee, outlined earlier, and in accordance with his Committee’s reports and conclusions.
On penalties, we are developing a performance framework that will include financial penalties for services not delivered to time or to quality. Contracts for CRCs will reflect that and, as I have said, the House will be able to see that this is the case when we publish those contracts in draft. I do not want to lose sight—nor should the House—of the major prizes here: first, expanding support for offenders released from short sentences and, secondly, developing a through-the-gate system for offenders released from prison. I think that that commands a broad measure of support.
That brings me to new clause 6, tabled by the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd). I want to reassure him that as part of our reforms there will be a new resettlement service provided in custody for all offenders before their release. This will be tailored to the individual’s needs, but is likely to include support in finding accommodation, family support, mentoring and financial advice. Services in custody will be underpinned by the changes to the way in which the prison estate is organised. That will mean that, in most cases, the same professional can work with offenders in custody and continue their rehabilitation work in the community.
As the right hon. Gentleman would expect, the Ministry of Justice and the National Offender Management Service are working closely together to ensure that the Prison Service is well prepared to implement these proposals. Right from the outset of these reforms, we established a joint working group on this topic that reports to senior officials and ultimately to Ministers. The working group has commissioned an analytical model of prisoner flows through the prison estate. That allows us to test the impact on prisoner flows and locations from implementing the resettlement prison allocation model. Furthermore, I can reassure the right hon. Gentleman that the Prison Service is undertaking a full review of facilities and staffing levels at all proposed resettlement prisons. Together all these things will ensure that the changes we are proposing are deliverable and sustainable, which I think is exactly his concern.
On new clause 4, I understand that the case of Opposition Members is that this is a huge leap in the dark and that no testing of what we are doing is or will be going on. That is not the case. Let me set out to the House the key elements that make up our reforms, what we are doing to test them and the steps we have built in to assess how effectively they are working at key stages of implementation.
First, there are the reforms at the heart of the Bill: the extension of licence and supervision to offenders released from short custodial sentences. There are lawyers among Opposition Members, and they will know, and ought to appreciate, that with a change to the sentencing framework of this magnitude, it cannot be desirable to introduce it one part of the country but not another. To do so would risk postcode justice, with some offenders getting different sentences from others.
To expand supervision to the under-12-month group, as we all say we want to do, we need to make the changes at a national level. That means funding those changes at a national level. The savings to fund the changes come from two sources; first, the efficiencies generated by competing supervision of low and medium-risk offenders and, secondly, the back office savings from moving to 21 from 35 CRCs, along with a single national probation service. Competing services in only one area of the country, if that is what is being proposed—I have heard little detail as to what sort of piloting is being proposed here—would extend supervision to short-sentenced offenders but, in every other respect, we are carrying out extensive local testing of the reforms in no fewer than 14 probation trusts. There is also the testing we are carrying out on the new operating model for the CRCs and the NPS. Those tests will enable us to inform how the new processes will operate once implemented. The first round of tests has already started and will continue over the coming months.
Secondly, there is the important fact that the 21 CRCs that we are creating will remain in public sector ownership for some months after their creation until the conclusion of the competition. This gives us further opportunities to carry on testing and to refine the system. Caseloads will not all necessarily transfer at the point the NPS and CRCs come into being, and we have made it clear to trusts that where there is a case for doing so, we will give greater latitude to allow for caseload transfer to operate more slowly than the people transfer process. That will avoid disruption and the type of dangers that that might create, which Opposition members have described.
Thirdly, there is the testing that we are carrying out of our approach to payment by results. We have consulted extensively on this and there are also pilots under way to test different approaches to payment by results. Opposition members would have us believe that there has been no piloting and that there is no piloting. Neither of those two things is true.
Jeremy Wright
In just a moment. The pilots that we are already undertaking—HMP Peterborough and Doncaster—are providing significant lessons for our wider reforms. Not only that, but they are engaged in another aspect of the reforms—the move to a through-the-gate system supporting the transition from custody to the community. The difference between them and the other pilots referred to is that these are much closer to the model we seek to pursue.
Jenny Chapman
I have a feeling that the Minister knows what I am going to ask him about payment by results. If he has done so much piloting and testing and has such confidence in this system, why has he repeatedly refused to tell us what percentage of a contract will be paid regardless of performance, and what percentage the reward element will be? We suspect that it would be very little.
Jeremy Wright
The hon. Lady keeps asking the same question and she is going to keep getting the same answer: that is called consistency. Let me tell her once again that she will have to wait until she sees the documentation on the invitation to negotiate. What she will see from it is that we are very interested not just in the initial figure, but in how those bidding for this work will develop the amount they are prepared to put at risk over time. That will assist precisely the type of organisations that Labour Members claim they are interesting in helping—voluntary sector organisations that might not be able to put a great deal at risk to start with, but might be able to build on it in the future. We think that is important, and I very much hope that the hon. Lady will support it.
Let me deal with the Peterborough pilot and what it does. It is worth making the point that the interim figures from the pilot—we have been told often this afternoon that there is no evidence for the changes we are making, so let me offer some up—show an 8% fall in reconvictions among offenders released from Peterborough between September 2010 and June 2012 as compared with the preceding period. Similarly in the Doncaster pilot, the sixth-month reoffending rate fell 5.7 percentage points compared with the preceding period. That clearly demonstrates that with targeted support and help aimed at the right people at the right time, we can divert more offenders from a return to crime.
We have built into our plans a set of our own business and system readiness tests, which will be carried out throughout the implementation process. There are therefore a number of things that we are doing to test these reforms—completely contrary to the characterisation of Opposition Members—and we are determined to implement them in a measured and orderly way to ensure that public safety is in no way impacted. That is why we are taking a structured approach to implementation, as I have set out.
Mr Llwyd
There is no clear read-across from Doncaster and Peterborough because those are voluntary schemes and what the Minister proposes is not voluntary. Those who know better than I do—and, with great respect, as much as he does—will tell him that the figures do not correlate precisely.
Jeremy Wright
I would say two things to the right hon. Gentleman on that. First, he and his colleagues have busily argued that we should have had more pilots, while some of the pilots we cancelled were less comparable to our reforms than were Peterborough and Doncaster, so he needs to be careful what he is arguing for. Secondly, he is absolutely right to say that the Peterborough and Doncaster pilots were conducted on a voluntary basis. That is because the law does not allow us to impose them on a compulsory basis. That is the law I am inviting the right hon. Gentleman to vote in favour of today, and I very much hope he will do so. Unless we have that law, we will never be able to impose those kinds of provisions on a compulsory basis.
Finally, on the issue of the pace of the reforms—an issue of which others have made much—I want to say two things. First, it is important that those who are employed by probation trusts—my hon. Friend the Member for St Albans (Mrs Main) made this point—understand where they stand. It does not benefit them for us to drag our feet at this point. We need to get on with it so that those people can understand what their own futures hold. Secondly, to reiterate a point made by my hon. and learned Friend the Member for Harborough (Sir Edward Garnier), I make no apologies for the urgency of these reforms: as long as we wait, there will be further cases of reoffending and further victims created. Some 600,000 offences are committed every year by those who are reoffending. That is the problem that everyone here has identified correctly and everyone says they want to do something about. The difference between the Government and Opposition Members is that we know how we are going to do it and they do not have the faintest idea. They do not know how they would pay for it, either. We know that the last Government set out to achieve this, but could not afford to do it within existing budgets. That option is out. We know how we will pay for this; they do not. They have not told us; they should certainly support what we propose.
Jenny Chapman
The Minister talks of paying for the reform. We worked out that we could not afford it at the time, but he has not presented a single bit of evidence to show that he can afford it: we have been presented with no costings whatsoever.
Jeremy Wright
I have already explained to the hon. Lady that one of the commercial realities is that we do not disclose such information to those who we hope will bid under the amount concerned, because we want a better deal for the taxpayer. We are very interested in getting a good deal for the taxpayer, and we think that this is the way in which to do it.
The last Government intended to introduce these measures within existing budgets and without contracting out. The hon. Lady opposes contracting out, but we say that that is the way to pay for it. What does the hon. Lady say is the way to pay for it? Or is this, once again, the sort of opportunistic opposition that says “We like the idea, but we do not really want to do it”? I remember—and perhaps the hon. Lady does as well— that on Second Reading the shadow Secretary of State for Justice, the right hon. Member for Tooting (Sadiq Khan), said that if we will the ends, it is very important to will the means. It does not seem to me that the Labour party has done any of that since his Second Reading speech.
By my count, we have engaged in 21 hours of parliamentary debate, and there have been three votes on the principle of our reforms. Opposition Members lost every one of those votes, and they still ask for more parliamentary debate. I wonder how much more of it they feel that they need in order to be persuaded of something that they supported, and legislated for, when they were in government. Now, for reasons of sheer opportunism, they wish to walk away from, and leave abandoned, the victims and potential victims of crime whom our proposals would help.
Question put, That the clause be read a Second time.
Jeremy Wright
I apologise in advance to those who have participated in this interesting and useful debate, because I will not have the chance in the time that is available to go into the issues in the detail that I would ideally like.
Let me begin with new clause 2. I am grateful to the hon. Member for Darlington (Jenny Chapman) for what she has said about the nature of the amendments, and I hope that will curtail what I need to say about them. I pay tribute not just to the hon. Member for Barnsley Central (Dan Jarvis) but to the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd) and many others across the House for the extensive interest they have shown in this matter. I know that they will want to interact with my hon. Friend the Member for Penrith and The Border (Rory Stewart) and express their expertise to him.
I agree that our armed forces do a difficult and dangerous job. We should also be clear—I know that no one has suggested otherwise in the course of this debate—that service in the armed forces does not inevitably lead to a life of crime following a return to civilian status. Undoubtedly, however, there are those who struggle with the transition, although, as my hon. Friend the Member for Penrith and The Border said, it is also true that those with a service background are less likely to commit offences than those who do not have such a background. We should also recognise the considerable support that the armed forces, as an employer, offer to those who are returning to civilian life.
The prison and probation services already work with ex-service personnel, and my hon. Friend will want to look at that and perhaps suggest further improvements. We are doing more in prisons to identify veterans as early as possible, and all prisons should now have a veterans-in-custody support officer to co-ordinate and assist in that task. The proposed probation reforms offer an opportunity to do better in that regard, and to encourage all sectors to work together to identify service personnel and offer the assistance that we can. I recognise entirely, as the right hon. Member for Dwyfor Meirionnydd and my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) have said, that a variety of organisations already do good work with offenders, but there is always an opportunity to do more. The review that my hon. Friend the Member for Penrith and The Border has been invited to lead will, I hope, give us that opportunity.
Alison Seabeck
What I have to say is very pertinent. If there is no enabling clause in this Bill to bring forward any suggestions that come from the hon. Gentleman’s review, how long will it take for the necessary changes to be put in place, and is that something we should be considering?
Jeremy Wright
I want to come to the timetable. Without wishing to get into too much detail on these probing amendments, there are deficiencies within them that would require further legislation in any event. I understand the hon. Lady’s point, but I want to answer the question of the hon. Member for Darlington about what my hon. Friend’s review will be covering. First, we will ask him to consider the rehabilitation needs of ex-service personnel convicted of criminal offences and sentenced to a custodial or community sentence, and the current rehabilitation available to them. Secondly, we want him to consider the process whereby ex-service personnel are identified following conviction, and that goes very much to the point that the hon. Member for Blaydon (Mr Anderson) was making. Thirdly, we want him to consider best practice relating to the rehabilitation of ex-service personnel offenders, including evidence of effective interventions in other countries. Fourthly, he should consult with the cross-government military reference group, which already exists, and report to the Secretary of State within six months. That is an important time frame, because we want to ensure that our reforms are informed by what my hon. Friend and those working with him can tell us. We will publish my hon. Friend’s report and place it in the Library of both Houses so that it is available for all to see. If we were to wait for the conclusion of the Bill process, as the new clauses suggest, that would delay the beginning of the review. We do not want to do that as we want to get going as soon as possible and I hope that that will meet with the approval of the House.
In view of what the hon. Member for Darlington has helpfully said, I do not think that I need to go through the deficiencies we believe that there are in new clause 3. I recognise the intent behind it and we very much support that. We want to ensure that the review produced by my hon. Friend the Member for Penrith and The Border can assist us in producing solutions and suggestions that we can make use of in the course of our broader reforms.
Let me say something about new clause 12, tabled by the hon. Member for Hayes and Harlington (John McDonnell). He is right that it is hugely important to ensure that domestic violence is treated seriously and that the programmes he has described are implemented effectively. He knows that those at highest risk of serious harm will in any event be the responsibility of the national probation service, and the NPS will also manage all offenders who are subject to multi-agency public protection arrangements. That will include all offenders convicted of sexual and violent offences attracting a sentence of more than a year and all those whose offending leads them to become registered sex offenders.
On the specifics of the programmes that the hon. Gentleman described, I entirely agree with his enthusiasm for a consistency of approach. I hope I can offer him some reassurance, as such programmes would have to be accredited. Accreditation is overseen, as he will know, by the National Offender Management Service, which ensures that the programmes are evidence-based and have therefore demonstrated their effectiveness in reducing reoffending. The programme requirement will continue to be available to sentencers, and the NPS will have a key role in assessing offenders and providing advice to courts on their suitability for such programmes. CRCs will be mandated to deliver the sentence imposed by the court, and that will include the provision of accredited programmes. All offenders, whether they are managed by the NPS or CRCs, will be able to access accredited programmes and other interventions provided by CRCs.
I hope that the hon. Gentleman is reassured by those points. I understand that he would prefer all those programmes to be delivered by the public sector, but I think that he and I would agree that what is crucial is that the standards and quality of those programmes are maintained. We will achieve that by virtue of accreditation and, of course, the accreditation process will still take place within the public sector.
I am grateful for what the hon. Member for Darlington and others have said about Government amendment 5, which I will move at the appropriate time. I am also grateful to the hon. Lady for raising the issue initially in Committee. I also want to take the opportunity to pay tribute, as she did, to Paul Goggins and the contribution he made not only to the amendment but to the restorative justice agenda over a considerable period of time. There are few who can say that they have contributed more to the agenda than he did. I am grateful to the hon. Lady for her support, and I hope that there will support on both sides of the House for amendment 5.
The final amendment in the group is amendment 7, tabled by my hon. Friend the Member for Shipley (Philip Davies). As he has outlined, the amendment would remove clause 10, which was added in the other place, rightly, by the Government. I am sorry to disappoint him, but it would not be right to remove the clause at this stage. I know that he has a healthy disrespect for consensus, but the fact that almost everybody disagrees with him does not automatically mean that they are all wrong. In this case, I do not think that they are. We should recognise that this is not a sentencing question, as he says that it is—I agree that there is no justification for treating female offenders per se more leniently than male offenders. We are discussing not the sentencing process but the process of rehabilitation that takes place after sentencing. It seems to me that the evidence is clear that how one approaches rehabilitation for female offenders must be materially different, if one expects it to be successful, from how one approaches it for male offenders. That is what clause 10 sets out.
The experience of female offenders is different in a number of ways, whether that concerns the abuse that they might have suffered before committing offences or the rate at which anxiety and depression are suffered. As my hon. Friend said, female offenders have different rates of child care responsibilities from male offenders, so a one-size-fits-all approach will not, in all likelihood, be successful. Let me be clear again that this is not about advocating preferential treatment for women in the criminal justice system or a different sentencing regime for female offenders; it is about ensuring that our reforms remain responsive to offenders’ needs in order to ensure that we turn their lives around and end reoffending.
On that basis, I hope that my hon. Friend the Member for Shipley will see fit not to press his amendment and that Opposition Members will see fit to withdraw new clause 2 and not press their other amendments.
Jenny Chapman
I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 4
Piloting of probation reform
‘The Secretary of State may not undertake a national restructure of the provision of probation services until the proposals have first been subject to an independently evaluated pilot scheme, and the results of that evaluation laid before both Houses of Parliament.’.—(Jenny Chapman.)
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Jeremy Wright
The right hon. Gentleman is right that time was short, but I got the chance to say that it would take six months for my hon. Friend the Member for Penrith and The Border (Rory Stewart) to report back to my right hon. Friend the Secretary of State.
Sadiq Khan
I am grateful to the Minister for setting out the six-month time scale.
No one can disagree with the objective of extending supervision and the accompanying help to all those released from prison. In this regard, I want to place on record our admiration for the massively important work that professional probation staff around the country do to rehabilitate some of the most troubled individuals while keeping the public safe. Much of the public do not realise the work of the probation service, and it is a sign of its success that the Government will leave to it the most high-risk offenders. It is welcome that offenders released from sentences of less than two years will be subject to at least 12 months of mandatory supervision in the community, but it is multi-national companies with no track record in this area that will be responsible for this, rather than the probation service, which we know can do the job very well.
It has always been an anomaly that short-sentence prisoners—the group with the highest risk of reoffending —are the ones left to their own devices when released from prison. As has been mentioned and the House knows, the previous Labour Government tried to address this with custody plus, but financial constraints prevented it from being implemented. The House also knows, from Paul Goggins’ Second Reading contribution, that by contrast the Government have no idea how much the extension of supervision to those serving 12 months or less will cost. Their impact assessment skirts around this, saying that
“the cost will be dependent on the outcome of competition”.
The Government have done nothing to update the House on this and so the plans remain uncosted.
The Justice Secretary and the Minister with responsibility for probation say that extending supervision will be paid for by privatising probation. But if that is the case, one would assume that the Justice Secretary and his officials must have figures to support it. It is hardly surprising that experts and others are suspicious about why the Government will not come clean on the numbers. The Justice Secretary has linked the cost of extended supervision to savings delivered by privatising probation, so the Bill is directly related to the wider probation privatisation plans. The two issues simply cannot be separated, which is one of the reasons new clause 1 was inserted by the other place.
The changes that flow from the Bill are untried and untested and will see supervision of serious and violent offenders fragmented. I must give credit to the Justice Secretary, whose plans have created an impressive coalition of those opposed to them: probation officers, chief executives and chairs of probation trusts, The Economist, his own officials and, most recently, the chief inspectors of both probation and of prisons, who questioned the system’s ability to cope with his plans. The chief inspector of probation warned that the plans would lead to
“an increased risk to the public.”
The Economist called the plans “half-baked.” The Ministry of Justice’s own risk register warns that there is an 80 per cent. risk of an unacceptable drop in operational performance, which when dealing with offenders can only lead to higher risks to public safety.
But still the Justice Secretary pushes ahead, with the same arrogance and dismissal of expert advice that led to the disaster that is the Work programme—a Work programme so bad that someone has more chance of still being in work after six months if they do not go on it.
Prisons
Jeremy Wright Excerpts(10 years, 11 months ago)
Ministerial CorrectionsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Ian Lavery
To ask the Secretary of State for Justice what capital expenditure projects his Department commissioned at (a) HMP Blundeston, (b) HMP Dorchester, (c) HMP Northallerton and (d) HMP Reading in each of the last five years; what the cost of each such project was; and if he will make a statement.
[Official Report, 8 October 2013, Vol. 568, c. 75-6W.]
Letter of correction from Jeremy Wright:
An error has been identified in the written answer given to the hon. Member for Wansbeck (Ian Lavery) on 8 October 2013.
The full answer given was as follows:
Jeremy Wright
The following table shows the centrally-funded capital expenditure projects commissioned at HMP Blundeston, HMP/YOI Dorchester, HMP/YOI Northallerton and HMP/YOI Reading in each of the last five years and their cost. As at 6 September 2013 there have been no projects in those prisons in 2013/14. The total projected maintenance requirements for the four prisons over the next five years would have amounted to £17 million.
The Department needs to modernise the estate to provide prison capacity at much lower cost and in the right places to deliver our ambition of reducing re-offending. That is why MOJ are replacing older accommodation that is expensive to run with newer, cheaper and more efficient accommodation that will provide better value for money.
Year/Establishment | Project title | Total (£) |
|---|---|---|
2012/13: | ||
HMP/YOI Dorchester | Healthcare Unit | 1,823,270 |
HMP/YOI Reading | Fire Alarm Upgrade | 1,144,946 |
2011/12: | ||
None | — | — |
2010/11: | ||
HMP Blundeston | Replace Perimeter Intrusion Detection System (PIDS) | 1,774,311 |
HMP/YOI Dorchester | New Healthcare (cancelled scheme) | 881,454 |
HMP Blundeston | Pipework and pumps | 3,417,550 |
2009/10: | ||
HMP Blundeston | Relocation/Expansion of laundry | 2,450,457 |
2008/09: | ||
HMP Blundeston | Repair/Replace roofs to B and D wings | 420,891 |
Note: The fire alarm upgrade at Reading began over a year before the decision to close the prison was taken and was initiated on recommendation from a fire safety inspection by the Crown Premises Inspection Group (CPIG). Due to the modular design of the new health care centre at Dorchester, commissioned in August 2011, it will be relocated to another part of the prison estate. |
The correct answer should have been:
Jeremy Wright
The following table shows the centrally-funded capital expenditure projects commissioned at HMP Blundeston, HMP/YOI Dorchester, HMP/YOI Northallerton and HMP/YOI Reading in each of the last five years and their cost.
Year/Establishment | Project title | Total (£ million) |
|---|---|---|
2012/13: | ||
HMP/YOI Dorchester | Healthcare Unit | 1.5 |
HMP/YOI Reading | Fire Alarm Upgrade | 1.0 |
2011/12: | ||
None | — | — |
2010/11: | ||
HMP Blundeston | Replace Perimeter Intrusion Detection System (PIDS) | 1.6 |
HMP/YOI Dorchester | Roofs and window grilles | 0.5 |
2009/10: | ||
HMP Blundeston | Replace Perimeter Intrusion Detection System (PIDS) | 0.1 |
HMP/YOI Dorchester | Roofs and window grilles/replace visits building | 1.8 |
2008/09: | ||
HMP/YOI Dorchester | Roofs and window grilles/replace visits building | 3.9 |
Note: Figures rounded. The fire alarm upgrade at Reading began over a year before the decision to close the prison was taken and was initiated on recommendation from a fire safety inspection by the Crown Premises Inspection Group (CPIG). Due to the modular design of the new health care centre at Dorchester, commissioned in August 2011, it can be relocated to another part of the prison estate. |
Oral Answers to Questions
Jeremy Wright Excerpts(10 years, 11 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
John Healey (Wentworth and Dearne) (Lab)
5. What his policy is on probation trusts tendering for probation services.
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
The “Transforming Rehabilitation” competition process has been designed to allow, as far as possible, a range of different entities to bid to deliver services. But such entities need to be capable of bearing financial risk, because under our reforms we will pay providers in full only if they are successful in reducing reoffending.
John Healey
The Justice Secretary is almost entirely without allies and without evidence for these privatisation plans. The Minister has confirmed that he is denying the experts in some truly excellent probation trusts, such as South Yorkshire’s, the chance to tender for these contracts. If South Yorkshire’s four local authorities combine to back the trust and take out the financial risks he talks about, will he think again?
Jeremy Wright
I would say two things to the right hon. Gentleman. First, he understands, I think, that one advantage of what we are proposing is that we move risk away from the taxpayer, so that those prepared to take on these contracts on a payment-by-results basis put their own money at risk, not the taxpayer’s. In the scenario he is outlining, it is difficult to see how we avoid the taxpayer continuing to take that risk. Secondly, as he may also know, many of the talented individuals who work for probation trusts at the moment are exploring the possibility of setting themselves up as mutuals so that they can continue to do this work, and there is considerable support for that from our colleagues at the Cabinet Office—they are providing money and support to enable them to do that.
Sir Alan Beith (Berwick-upon-Tweed) (LD)
What makes the Minister confident that the structure he has described can overcome the dysfunctionality in offender management described by the chief inspectors of probation and prisons in a report today?
Jeremy Wright
My right hon. Friend refers to the report that has been produced today. As he knows, a significant point in it is that there is not currently sufficiently good connection between offender management that takes place inside custody and that that takes place outside. As he will also recognise, our transforming rehabilitation proposals intend to close that gap, so that offender management involves the same provider from the closing months of someone’s custodial sentence, through the gate and out into the community. Transforming rehabilitation will start to address exactly the points that this report raises.
Natascha Engel (North East Derbyshire) (Lab)
Thirteen police and crime commissioners, including Alan Charles in Derbyshire, have expressed grave concerns at the plans for the probation service because they could put public safety at risk. What has the Minister said to them to address their fears?
Jeremy Wright
The first thing the House should know is that all 13 are Labour police and crime commissioners. Whatever party they come from, it is very important that we work with police and crime commissioners and that all providers who will be doing this work do so too. For that reason, we will ensure that police and crime plans from every area of the country will be clearly available to providers, and we will expect them to co-operate not just with police and crime commissioners but with a whole range of other local partners too.
Gareth Johnson (Dartford) (Con)
Does the Minister agree that the supervision of short-term prisoners by the probation service within existing budgets is simply unaffordable and that the tendering process is needed to provide extra supervision for short-term prisoners?
Jeremy Wright
I agree with my hon. Friend. He does not need to take my word for it as the previous Government tried to do that as part and parcel of the public sector budgets and failed to do so because they determined that it was unaffordable.
Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
A few days ago, the Minister and the Secretary of State appeared before the Justice Committee, during which the Secretary of State said that his door is always open to meet the leaders of the National Association of Probation Officers. When will that meeting take place?
Jeremy Wright
I cannot give a date to the right hon. Gentleman. Both my right hon. Friend and I have met NAPO leaders before and are happy to do so again. What we will not do is pause the process in which we are engaged because the members of those trade unions would like some certainty over their own futures, and we think that is important, which is why we must get on with this process.
Robert Flello (Stoke-on-Trent South) (Lab)
6. What steps he plans to take to enforce the code of practice for victims of crime.
Fiona Bruce (Congleton) (Con)
11. How his Department’s funding for restorative justice is being disbursed.
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
We recently announced funding of £29 million over three years for restorative justice, at least £22 million of which is going to police and crime commissioners for victim-initiated and pre-sentence restorative justice services. The remainder is being used to boost capacity so that good-quality restorative justice is available at all stages in the criminal justice system.
Fiona Bruce
I thank the Minister for that reply. Will he join me in affirming the excellent work of the Prison Fellowship’s restorative justice programme, known as the Sycamore Tree project, and will he be good enough to meet me and Prison Fellowship representatives to discuss how the project can be extended beyond the third of prisons in which it currently works to prisons across the country?
Jeremy Wright
As my hon. Friend says, the Sycamore Tree project is already available in some 75 prisons. I certainly support what my hon. Friend says about the good work it does, as was showcased at the excellent event she hosted last week, which I had the pleasure of attending. I will certainly meet her to discuss it further.
Henry Smith (Crawley) (Con)
12. What professional development support his Department plans to put in place for those supervising offenders in the community.
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
The national probation service will continue to use the probation qualifications framework to ensure the competence of its staff. For the new community rehabilitation companies there will be a contractual requirement to have and to maintain a work force who have appropriate levels of training and competence. On 3 December we announced that we will be setting up a new probation institute that will promote the sharing of good practice to those working across the probation profession.
Henry Smith
I am grateful to my hon. Friend for that answer. How much investment are the Government making in the new national probation institute?
Jeremy Wright
We are contributing some £90,000 towards the cost of setting up the probation institute. The remainder will come from the Probation Association and the Probation Chiefs Association. I am grateful to them and to the probation trade unions for working together so successfully to bring forward the proposal, which we entirely support and which will help to underline the professionalism and continuing professional development of those who work in rehabilitation.
Mr Gerry Sutcliffe (Bradford South) (Lab)
13. What steps he plans to take to ensure access to justice regardless of ability to pay.
Andrew Selous (South West Bedfordshire) (Con)
19. What steps he is taking to ensure that no prisoner leaves prison unable to read.
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
When a literacy need is identified on arrival in prison, prisoners are offered teaching and support as a matter of priority. In 2014 we are introducing increased assessment for prisoners, including reading skills, to ensure that we maximise the benefits of the literacy support that is available.
Andrew Selous
The Secretary of State has spoken of his vision of custody as “education with detention”. If serious efforts are made in prison to deal with illiteracy, will probation officers absolutely ensure that that continues on release?
Jeremy Wright
I think my hon. Friend refers to a quote that is specifically about the youth estate, but he is absolutely right that education is just as important in the adult estate. Too many prisoners cannot read and write properly, which means that their chances of securing employment on release are much reduced. Under our reforms of rehabilitation, we will expect providers to ensure that someone is supported not only through the gate, but in the community for at least 12 months. One of the best ways of supporting them to stay free of crime is to make sure that they get employment, so I would absolutely expect them to be interested in literacy as well as many other things.
Mr Speaker
The right hon. Member for Hazel Grove (Sir Andrew Stunell) was already looking excited, but I imagine his excitement will now be boundless.
Sir Andrew Stunell (Hazel Grove) (LD)
20. What steps he plans to take to ensure that the voluntary sector is able to compete for rehabilitation contracts.
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
I am not sure I can live up to the expectations, Mr Speaker.
We have run a registration process for smaller providers to maximise the opportunities for them to be involved in the competition, and we awarded £150,000 to the Association of Chief Executives of Voluntary Organisations to help the voluntary sector and mutuals to compete for contracts. We will embed good market stewardship principles in the system so that there is fair, reasonable and transparent treatment of all those involved in the direct and indirect provision of services.
Sir Andrew Stunell
I thank the Minister for that reply, but does he agree that in many previous exercises by other Government Departments, inappropriate scale of projects and burdensome bureaucratic detail have meant that small, voluntary local organisations have been ruled out? Will he undertake to ensure that high-quality, small-scale providers will be able to access these contracts?
Jeremy Wright
I understand the point my right hon. Friend makes: it is very important that we reduce bureaucracy wherever we can. I know he has experience of this from his time in government. It is also important that we support those small, voluntary organisations when they show an interest and then support them through the contract-bidding process and contract management. My right hon. Friend will be reassured to learn that there is already considerable interest in the voluntary sector: some 550 voluntary organisations have already expressed their interest in participating.
Kerry McCarthy (Bristol East) (Lab)
T2. Bristol city council and Barnardo’s have just launched a charter for the children of prisoners, which is intended to prevent young people in such a situation from enduring their own hidden sentence and to reduce the impact of a parent’s imprisonment on their educational attainment, emotional development and behaviour. What support is the Justice Secretary giving to such initiatives, and will he review how his Department can help the 1,300 children in Bristol and the close to 200,000 children in England and Wales in such a situation?
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
What the hon. Lady says is very interesting and we will look at the details. She is of course right that it has a huge impact on young people when one of their parents serves time in custody. There is a knock-on effect on the likelihood of those young people going on to commit crimes themselves. Shockingly, something like 60% of young men who have had a parent in custody go on to commit crimes themselves. She is right to make that link and we will look at what she has said.
Andrew George (St Ives) (LD)
T5. The forfeiture rule precludes a person who has been convicted of unlawfully killing another person from acquiring benefit in consequence of the killing. However, if the deceased person is a close family friend, a spouse or a close family member, their killer can use and abuse the estate until they are convicted. Will the Government consider addressing that issue? Will the Minister meet me to explore whether the rule can be improved in that respect?
Philip Davies (Shipley) (Con)
According to Ministry of Justice figures, for every single category of offence, men are more likely than women to be sent to prison. Does the Secretary of State accept his own Department’s figures, or does he think they are wrong?
Jeremy Wright
I always try to accept my own Department’s figures, but I think my hon. Friend will accept that it is always in the minds of sentencers to try to avoid sentencing female offenders, in particular, to custody. As he will agree, however, that is sometimes unavoidable, which is why we need to provide the necessary places in the female custodial estate.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
A few weeks ago I attended a public forum on domestic violence, where I was told that specialist domestic violence courts were being closed and that support for domestic violence victims to bring their case to court was being restricted. Why do the Government find it acceptable to deny the most vulnerable access to justice?
Jeremy Wright
We will certainly look at that. May I say that it has been particularly helpful to receive submissions on the matter from my hon. Friend, who has been closely engaged in arguing on behalf of his constituents? Of course, if a suitable alternative venue can be found, we will co-operate with that.
Huw Irranca-Davies (Ogmore) (Lab)
Will the Secretary of State confirm that last Friday the prison capacity was running at 99.2%? Will he further confirm that over Christmas and into the new year, no police cells or custodial cells in courts will be used to supply the overfill?
Mr Philip Hollobone (Kettering) (Con)
How many foreign national offenders are there in our prisons, and what steps are being taken to send them back to secure detention in their own countries?
Jeremy Wright
Well, this question is familiar to me. The answer is 10,789—I think that figure is heading in the right direction although there is a lot more to do. My hon. Friend is right to say that the Government’s clear intention is to return all the foreign national offenders we can back to custody in their own countries. That requires compulsory prisoner transfer agreements of the kind that we are negotiating and that Labour failed to negotiate.
Youth Justice Board for England and Wales
Jeremy Wright Excerpts(11 years ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
Today, I have published the report of the triennial review of the Youth Justice Board for England and Wales (YJB). I have placed a copy in the Libraries of both Houses. Copies are also available from the Vote Office and the Printed Paper Office.
In line with the process and methodology established by the Cabinet Office, stage 1 of the review assessed the continuing need for the YJB to carry out each of its functions in their current form.
Stage 1 concludes that all of the functions remain necessary and makes 14 key recommendations relating to the delivery of these functions. It further concludes that it is appropriate for the majority of these functions to be delivered together as a critical mass of expertise. This decision recognises that the Government have repeatedly and recently stated their commitment to maintain a distinct youth justice system. Finally, stage 1 concludes that the appropriate delivery model for the delivery of these functions is, at this time, as a non-departmental public body.
Stage 2 assesses whether the YJB complies with the 11 principles of good governance. The review concluded that the YJB complied with the majority of the requirements which are placed on them and made several recommendations to improve governance, including increasing ministerial accountability, clarifying the role of the board and delegated authorities, making more effective use of public money by reducing duplication with the Ministry of Justice and clarifying the role of the sponsor Department.
I am very grateful to all those who took the time to respond to the call for evidence. Their contributions and varying perspectives were extremely valuable.
Mental Health Homicide
Jeremy Wright Excerpts(11 years ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
I congratulate the hon. Member for Islington South and Finsbury (Emily Thornberry) on securing this debate and on the way she has presented the case on behalf of her constituents. As she says, she and I have corresponded about the case of Benjamin Anabah, whose victim was the sibling of her constituents, who I know are here to hear what she had to say on their behalf. I, too, want to record my deepest sympathies for them, for all that they have been through.
As the hon. Lady said, Benjamin Anabah is now subject to a restricted hospital order. It might help if I say a word or two about the broader issues she has raised about the sentencing regime in such cases. As she made clear, the management of mentally disordered offenders is a complex area, and it can be difficult for victims to understand why individuals convicted of very serious offences are not serving long prison sentences. However, as she also knows, it has been the policy of successive Governments that mentally disordered people who commit offences should receive treatment for their disorder in hospital. When presented with medical evidence that a convicted offender requires treatment in hospital under the Mental Health Act 1983, the courts have wide discretion to deal with the case as they consider appropriate under the circumstances.
As the hon. Lady says, one option is to impose a hospital order, which diverts the offender from the criminal justice system. Offenders sentenced to hospital orders are detained for as long as they require treatment in hospital; there is no minimum period to be served. In making a hospital order, the court is making a clear decision that the offender should be diverted into the hospital system for treatment and not be punished in the criminal justice system. When making a hospital order, the higher courts may also impose a restriction order, which requires evidence that additional controls are necessary for the protection of the public from serious harm. The restriction order gives my right hon. Friend the Secretary of State for Justice controls over the offender’s access to the community and the level of security in which the offender is held. In exercising these powers, priority is always given to the protection of the public. This, of course, was the option taken in Mr Anabah’s case.
As the hon. Lady also says, another option open to the court is the hospital direction under section 45A of the Mental Health Act 1983. This disposal was introduced in 1997, but at that time, as she said, could be imposed only on offenders with a diagnosis of psychopathic disorder. This, of course, is not the case now, because the Mental Health Act 2007 abolished the separate categories of mental disorder. Accordingly, since the 2007 Act was commenced, offenders with any form of mental disorder can be dealt with by means of the hospital direction. That option was therefore available to the court sentencing Mr Anabah—but not one that the sentencing judge decided to take.
Emily Thornberry
The advantage of an order under section 45A is that someone who is mentally ill can go into hospital and his condition can be managed there; indeed, he could come out the other side and be cured. He would then have to face the punishment that the public and victim’s family certainly expect someone to suffer.
Jeremy Wright
Yes, I agree. That is exactly the effect of a section 45A direction. I can entirely understand why that is, of course, a preferable option from a victim’s point of view. I would repeat, however, that it is for the individual sentencing judge, who must be cognisant of those options—I shall come back to the hon. Lady’s point about guidelines—to decide what the most appropriate sentencing choice should be in each circumstance. It is difficult for all of us to second-guess the decision that the sentencing judge made, so long as he or she was fully cognisant of the options before him or her. As the hon. Lady says, it is quite right that, if the offender recovers to the extent that treatment is no longer required under a section 45A direction, the individual will be returned to prison until the sentence is concluded.
Guidance issued to the courts—the hon. Lady made reference to it—that has been endorsed by the appeal courts is clear that a hospital direction will be indicated if the offender presents a risk to the public for reasons above and beyond the mental disorder. None the less, courts must look, as I say, at the full circumstances of the case and form their own view of the most appropriate sentence.
Emily Thornberry
I would like to put another point on the record. I have perhaps had the advantage over the Minister of reading the sentencing remarks. My concern, which I shared with the family, is that the judge did not seem specifically to have directed his mind to the possibility of a section 45A order. That is one reason why we are so concerned about the lack of prominence given to it in the guidance.
Jeremy Wright
I understand the hon. Lady’s point about the guidance. I hear what she says about guidance to prosecutors—and I will, of course, see whether we can improve it. On this case, however, it is difficult for either the hon. Lady or me entirely to second-guess the judgment of the sentencing judge, but I would have thought that the judgment that really needs to be made in such cases is whether the offence is a direct result of the mental illness, in which case a hospital order might be appropriate, or whether the defendant is culpable for the criminal act but also has a mental disorder that could be subject to treatment, in which case a hospital direction might be more appropriate. I understand her point about the guidance. As she says, some guidance is already in existence, but we will look at whether we can improve the guidance, particularly to prosecutors, who are there to advise the sentencing judge on his or her sentencing options.
I should say that offenders subject to hospital directions receive the same type of treatment as those detained under hospital orders. This will usually include medication and psychological therapies as well as interventions to address other risk factors such as substance use. The difference is that the offender can be sent to prison should they recover to the extent that treatment in hospital is no longer required. In 2012, courts made 290 restricted hospital orders and 14 hospital directions.
I understand that victims of all offences, and in particular those that involve the loss of life, may find it difficult to accept that an offender is not being punished for the offence committed. I also acknowledge that uncertainty about the time that will be spent in hospital for treatment can cause anxiety and concern, but when the courts have made a clear decision to divert the offender to a psychiatric hospital for compulsory treatment, it follows that the offender may be detained only for as long as treatment is needed. It would be quite wrong to detain people in psychiatric hospital for any longer than their mental health requires.
The independent Mental Health Tribunal is, therefore, an important safeguard against arbitrary detention. In establishing the tribunal, Parliament imposed on it a statutory duty to discharge a patient if it is not satisfied that the criteria for detention in the Mental Health Act 1983 are met. I understand the point the hon. Lady makes about repeated referrals back to the victim when tribunal hearings become necessary, but I am sure she will understand that it is important that the tribunal keeps a watch on detention to make sure it does not take any longer than it should. While, tragically, risk can never be entirely eliminated, either in relation to offenders released from a prison sentence or offenders discharged from a secure hospital, the system of diversion generally works well in protecting the public, including victims, from further harm, but I again acknowledge that uncertainty about the length of time an offender will be detained can cause anxiety and distress to victims. Victims of serious sexual and violent offences who choose to opt in to the victim contact scheme have a statutory right to make representations about any conditions of discharge that should be imposed for their protection, and will be told once discharge has taken place.
In addition to the provisions of the victim contact scheme, much work has been done to improve the support that those bereaved by homicide can access. Despite current financial restraints, as part of our commitment to supporting the most vulnerable victims and witnesses of crime, the Government are spending £2.75 million on individuals bereaved by murder and manslaughter in 2013-14. The national homicide service, which was set up in 2010, provides families bereaved through homicide with tailored and intensive one-to-one support for as long as they need it. Over 4,000 people have been supported since the homicide service began operating in April 2010, with many of those still being supported.
More generally, the new victims code published on 29 October sets out the information, support and services victims of crime can expect to receive from criminal justice agencies in England and Wales at every stage of the process. Victims who opt in to the victim contact scheme for victims of serious sexual and violent offences will be told if a mentally disordered offender is being considered for discharge, and have a statutory right to make representations about any conditions that they wish to be imposed on the discharge for their protection, such as exclusion zones or “no contact” conditions.
I understand that the hon. Lady has concerns about the community leave part of those orders, and I want to say a few words about that.
Emily Thornberry
There are two points on which I would be very interested to hear the Minister’s comments. First, how can we stop there being community leave without the family knowing about that? Secondly, what is the purpose of community leave? Its purpose is to help an offender get back into the community, but the fact is that this man has a recommendation for deportation. We do not want him back in the community; we want him on the next plane out of the country as soon as he has finished his treatment.
Jeremy Wright
I will certainly try to pick up both those points in the comments I want to make about community leave. Community leave is an important part of the treatment and rehabilitation of mentally disordered offenders. For restricted patients, community leave may be taken only with the consent of the Justice Secretary, and permission will be given only after a thorough risk assessment of the evidence. Permission for escorted leave, during which the offender remains in the custody of escorting staff, may be given some considerable time before that patient is ready for discharge. However, I should make it clear, with particular relevance to Mr Anabah’s case, that the risk of absconding for those subject to a recommendation for deportation will be a relevant factor in determining whether escorted or unescorted leave is appropriate.
Emily Thornberry
On hearing that, the family will want to know the answer to this question. If that is right and the recommendation for deportation was an important factor in deciding whether this person should get escorted leave, why did he get escorted leave for so many months, until we found out about it and got it stopped?
Jeremy Wright
If the hon. Lady will be a little patient, I will come to that. First I want to deal with her point about victims having no statutory right to be told about community leave, because that is the first question she asked me and it is a fair one.
As I have said, community leave is part of treatment. The hon. Lady will recognise that there is a duty to respect the confidentiality of medical treatment. None the less, in certain cases this information can already be disclosed to victims on a discretionary basis. Considerations such as the impact on victims of a chance encounter with an offender or, in cases that attract media interest, hearing about community leave in this way, will be taken into account. However, not least as a result of what has happened in this case—and as a result of the work of my hon. Friend the Member for Witham (Priti Patel), which has been mentioned—I have considered whether the current position goes far enough for the benefit of victims. I have asked my officials to look into making the necessary changes to ensure that there is a presumption that, unless there are exceptional circumstances, victims should be told when community leave is planned, as this is a key development in an offender’s case and sentence.
In Mr Anabah’s case, the decision to give permission for escorted leave was taken after very careful consideration of the clinical evidence provided by the responsible clinician. The decision took into account any known or possible risks to the public and victims, as well as the risk of abscond. As the hon. Lady knows, Mr Anabah’s escorted leave passed off without incident. However, due to the representations made by the Ilumoka family, the responsible clinician has suspended the leave at this time.
As we have discussed in correspondence, there appears to have been confusion about when the hon. Lady’s constituents opted in to the victim contact scheme, and therefore the disclosure to them about any information on community leave. I repeat my apology for the distress this has caused. I understand that a victim liaison officer is now in regular contact with the Ilumoka family.
It is, I am afraid, in the nature of a restricted hospital order that I cannot give any assurances about how long Benjamin Anabah will be detained in hospital, or how his treatment will progress. I can however assure the hon. Lady that the concerns expressed by the Ilumoka family will be taken into account in his future management.
The hon. Lady perfectly fairly raised the immigration aspects of this case, including foreign nationals who are mentally disordered offenders. These individuals do not fall to be automatically deported from the UK under the UK Borders Act 2007. Rather, deportation is considered under the Immigration Act 1971 and is aligned with the offender’s discharge date. All such cases are considered carefully in close liaison with the Ministry of Justice and the hospital authorities. In this case, that means there should not be a gap or hiatus between Mr Anabah’s release from hospital and his removal from this country. I spoke today to those who represent the immigration authorities and they have assured me that they will be in close contact with those administering the hospital order to make every effort to ensure that that is the case.
I hope that is at least to some extent reassuring to the hon. Lady and her constituents, and I am grateful to her for the points she has raised. We will look again at the point about guidance, as I said, and I hope that she understands the seriousness with which we take this case and recognises the changes I have outlined to the notification for victims, which I hope will prevent some of the distress that her constituents have had to endure in relation to this case.
Question put and agreed to.