Offender Rehabilitation Bill [Lords]

Lord Jackson of Peterborough Excerpts

Monday 11th November 2013 Commons Chamber

[Chris Grayling]

I join my hon. Friend in paying tribute to the work being done in Doncaster. There is good work being done in many parts of the prison estate. The Doncaster model is slightly different from what we are looking to deliver across the whole of the justice system, but it is equally delivering reductions in reoffending and that is to be welcomed and supported. Anything we can do to bring down reoffending rates has to be the right thing to do.

[Mr Stewart Jackson (Peterborough) (Con)]

My right hon. Friend mentions the situation at Her Majesty’s prison in Peterborough. Is not the moral of the story there that non-state actors can have a very important role to play in driving down recidivism? Indeed, both Peterborough prison as a private prison—with male and female co-located—and the social impact bond in Peterborough were pioneered by the former Labour Government, and it is sad that Labour seems to have engineered a U-turn on what is, and was, a very good initiative.

[Chris Grayling]

I very much agree with my hon. Friend. The sad thing is that a partnership of the private sector and the voluntary sector and the state has been proven to work in many cases. In Peterborough it is working really well. When the Labour Government passed the Offender Management Act in 2007, they talked extensively about the benefits to be gained from such a partnership. It is sad that they are now seeking to block such a partnership in other debates, and today they are using that as an excuse to try to block a measure that they themselves say they support. Frankly, they are all over the place.

The other part of what we are looking to do involves the creation of a proper through-the-gate system. It is a key part of a wider programme to transform how we rehabilitate offenders. The providers that we will bring into the system will offer a resettlement service for all offenders in custody before their release of the kind that is being provided in Peterborough. It is important that we align the prison system and the geographic areas for release afterwards to make sure these reforms can be as geographically synchronised as possible. The changes we are making to our prison system to create a network of resettlement prisons will ensure that, where possible, the same offender manager will work with offenders in custody and continue their rehabilitation work in the community. I believe that can make a significant difference and can help reinforce the measures in this Bill.

--- Later in debate ---

[Sadiq Khan]

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

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

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

[Mr Stewart Jackson]

Will the right hon. Gentleman give way?

[Sadiq Khan]

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

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

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

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

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

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

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

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

[Sadiq Khan]

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

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

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

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

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

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

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

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

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

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

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

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

[Mr Stewart Jackson]

rose—

[Sadiq Khan]

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

[Mr Jackson]

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

[Sadiq Khan]

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