Prisons and Probation Debate

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Department: Ministry of Justice

Prisons and Probation

Kate Green Excerpts
Tuesday 14th May 2019

(4 years, 11 months ago)

Commons Chamber
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Richard Burgon Portrait Richard Burgon (Leeds East) (Lab)
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I beg to move,

That this House notes HM Chief Inspector of Probation’s recent conclusion that the privatised probation system is irredeemably flawed and that public ownership is the safer option; recognises that the Public Accounts Committee concluded that probation services are in a worse position than they were in before the Government embarked on its reforms; further notes the Government’s decision to return HMP Birmingham to public ownership following repeated failures under G4S; is concerned by the Government’s plans for at least two new prisons to be privately run; and calls on the Government to end its plans to sign new private probation contracts and contracts for new privately-run prisons.

Today’s debate will address the widespread failures that affect our justice system as a result of privatisation. Over the past 12 months this issue has shot up the justice agenda after two flagship privatisations ran aground. The Government had to cancel the privatised probation contract two years early. The failing probation companies had proved incapable of tackling reoffending and were financially unsustainable despite the Government handing a £500 million bail-out to them. There was also the decision to return HMP Birmingham to the public sector after unprecedented failures by the contractor G4S.

Yet despite the recent high-profile failings in the privatised justice sector the Government are on the verge of signing yet more private prison contracts and yet more probation contracts, throwing more good money after bad. But just how bad does it have to get before the Conservative party ends its obsession with the private sector? Today, Members have a chance to show their rejection of this flawed policy. The Opposition motion has one simple demand: it calls on the Government to scrap their plans to sign new private probation contracts and contracts for new privately run prisons. As usual, the Government will probably claim that we in the Opposition are driven by ideology in our commitment to ridding the justice system of the scourge of privatisation, but the reality is that only one party in this debate is driven by ideology. It is the Conservative party, whose insistence that the market is always best has proved so costly to our railways and our utilities and so dangerous to our justice system.

Kate Green Portrait Kate Green (Stretford and Urmston) (Lab)
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My hon. Friend is right to say that these reforms—as the Government call them; I call them destructive measures—are driven by ideology, including the completely misguided idea of splitting the probation service into higher-risk services being covered by the national probation service and lower-risk ones being covered by private companies? Does he agree that, although the Government were warned from the outset that that split would be disastrous, they proceeded with it in any event, in the teeth of all the evidence?

Richard Burgon Portrait Richard Burgon
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My hon. Friend makes an important point very eloquently. As she says, splitting probation into two and part-privatising it has been a disaster. From the outset, the Labour party was among those warning the Government not to take that dangerous road.

If Conservative Members will not listen to the views expressed today on the Opposition Benches, I respectfully encourage them to take seriously the words of Sir Malcolm Rifkind, the former Secretary of State under Margaret Thatcher. Just last month, he wrote in the Financial Times that

“contracting out prisons to the private sector has been a serious mistake.”

He also made a point about the incarceration of human beings for profit—which I wholeheartedly share—when he said:

“The physical deprivation of the citizen’s liberty should not be the responsibility of a private company or of its employees.”

Even if Conservative Members do not share those moral principles, the record of privatisation in leaving the public less safe and the taxpayer out of pocket should put an end to this failed experiment. That is why change is needed: privatisation has been proven not to work.

Nowhere has the experiment of justice privatisation been so thoroughly tested as in the United States of America. Members might be surprised to learn that we have a greater proportion of prisoners in private prisons than the United States federal Government prison system does. That is quite astounding. Concern over safety and value for money in private prisons was one of the reasons behind the Obama Administration’s 2016 decision to plan a gradual phase-out of private prisons by letting contracts expire. Sadly, that decision was overturned by Trump. In the memorandum announcing the plans to phase out private prisons, the US Department of Justice said that

“time has shown that they compare poorly to our own Bureau facilities. They simply do not provide the same level of correctional services…and resources; they do not save substantially on costs; and…they do not maintain the same level of safety and security. The rehabilitative services…such as educational programs and job training, have proved difficult to replicate and outsource”.

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Thangam Debbonaire Portrait Thangam Debbonaire (Bristol West) (Lab)
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It is an honour to follow the hon. Member for Bath (Wera Hobhouse), who made important points about the need for social reform and how it does indeed cost money.

I want to speak in particular about the value of women’s centres as a community response to women offenders. I start by paying tribute of course to my friend and colleague the inspirational Baroness Corston, whose groundbreaking report led to the establishment of a wider network of women’s centres across the UK. I have visited one such centre—Eden House, in my neighbouring constituency of Bristol East, Baroness Corston’s former constituency—a few times in the past few years, the first time in my former professional role at Respect, the national organisation for domestic violence perpetrator work, in order to discuss specific interventions for women with complex histories of domestic violence and offending.

Women experience the majority of domestic violence. While there are of course male victims, their abusers are disproportionately male partners, although there are female perpetrators. There is no excuse for the abuse of a partner, female or male, but in my previous work I learned a lot about the differences between the profiles of female and male domestic perpetrators, particularly those with a complex picture of experience as a victim and a perpetrator.

Some women are indeed very violent and controlling and do fit the profile of coercive and controlling abusers, but the majority of those who use violence tend to do so either in self-defence or resistance in the context of a partner who is controlling and on whom they may be dependent. Some of the women I met at Eden House had this complex history. Often it started young—sometimes they had experience of child abuse—and their offending was intricately linked to their experience of abuse as well as to mental health and substance misuse. Those are examples of the specific needs and experiences of women offenders that Baroness Corston identified and of the reasons she concluded that specific women-centred responses were needed.

Baroness Corston also identified three specific groups of characteristics. First, the domestic category covers abusive relationships, but also childcare. Single mothers with sole responsibility for children are much less likely than male offenders to have someone on the outside to look after their home and the children, and are therefore more likely to lose both. Secondly, there is the personal category. Many women offenders have severe mental illness or substance misuse problems, which are likely to get worse if they are remanded in prison. They may also be self-harming, or have eating disorders. The third category is the socio-economic. Women are paid less than men, and are more likely to experience relationship breakdown as economically damaging. They are more likely than men to face under-employment or discrimination because of their parenting responsibilities.

A fourth category relates to the offending itself. Most, although not all, women offenders are convicted of non-violent offences, and present little public risk. They actually present a greater risk to themselves than to others. However, because there are fewer of them, they are more likely to be sent further away when they are sentenced. For other reasons, proportionate to their numbers, they are more likely to be remanded in custody than men. Because of their domestic responsibilities, they may therefore experience further, compounding consequences, such as fewer visits from children and other family members, leading to a further likelihood that their children will be taken into care permanently. Shorter sentences are also less likely to deflect future offending.

For all those complicated reasons, prison makes the lives of women and their children much worse than it makes those of male offenders, although I am not suggesting that there are no complications for male offenders. It is also much less likely that their reoffending rates will be reduced by a prison sentence.

Baroness Corston pointed out that because of those differences, there should be distinct, separate and different approaches. She recommended that community sanctions for non-violent women offenders should be the norm, that responses should take into account women’s vulnerabilities and their domestic and childcare responsibilities, and that the Together Women programme should be extended and a network of women’s centres set up as soon as possible. As I am sure you are aware, Madam Deputy Speaker, the Together Women programme was set up by the Labour Government with £9.1 million in 2005 to develop and test holistic responses to women.

As a result of Baroness Corston’s recommendation, a further £15.6 million was allocated for 2009 to 2011 for the number of women’s centres to be increased to, eventually, 46. At their best, they provide a combination of one-to-one holistic support, help with substance misuse, counselling, therapy, domestic abuse programmes, life skills classes and workshops, referral to other help and, sometimes, on-site childcare and residential facilities. A Ministry of Justice evaluation has found statistically significant differences in favour of women’s centres compared to custodial sentences in respect of the risk of reoffending.

Kate Green Portrait Kate Green
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Will my hon. Friend give way?

Thangam Debbonaire Portrait Thangam Debbonaire
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I am short of time, but I will give way.

Kate Green Portrait Kate Green
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I just wanted to make a point about cost-effectiveness. Does my hon. Friend share my concern about the underfunding of women’s centres relative to other disposals? According to those who run my local centre in Greater Manchester, none of them have been able to access the tampon tax funding. Surely that would have been ideal for them.

Thangam Debbonaire Portrait Thangam Debbonaire
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I am grateful to my hon. Friend for making that excellent point. In 2011, a report on the social return on investment produced by the Women’s Resource Centre and the New Economics Foundation stated that every £1 invested in women’s organisations generated between £5 and £11 in social value. My hon. Friend has made the important point that there is often a long-term saving to be made, and that those organisations need investment. Other evaluations have documented substantial improvements in mental health and other dimensions such as relationships, work, housing, health and money, all of which, combined with the reduced risk of reoffending, make women’s centres a good investment.

Where are we now? The Women in Prison report “The Corston Report 10 Years On” found that many pioneering women’s centres either do not exist or can no longer provide the full range of services, and that their model does not fit the “payment by results” model which has been introduced into the privatisation of probation. The Government’s female offender strategy acknowledges the legacy of the Corston report and the need for the value of women-specific services, but we just do not have the national network that we should have.

I am told that the Treasury will receive £80 million from the sale of HMP Holloway, which would transform women’s centres. The Howard League for Penal Reform has reminded me that, following its inquiry last year, the all-party parliamentary group for women in the penal system said that there was a real risk that many women’s centres were now so watered down that they could no longer be as effective as they should or could be. I ask the Minister to talk to his colleagues in the Treasury about keeping the £80 million and investing it to ensure that there is a fully funded network with a full range of women’s services across the country, because that range really saves lives. It saves women from the risk of reoffending, it saves children from the risk of being taken into care, and it helps to turn lives around. That was true in 2007, when Baroness Corston wrote the report, it was true in the “10 Years On” report, and it is true now.