Offender Rehabilitation Bill [Lords]

Debate between Paul Goggins and Sadiq Khan

Monday 11th November 2013 Commons Chamber

[Paul Goggins]

That is reassuring to an extent, but my point is that risk is dynamic—it changes—and that the assessment carried out prior to release might be different from that carried out a month after release or six months after release. There is not the fluidity in the system that would allow the management of that risk among the different groups. That is my point, which I hope the Minister will reflect on further.

[Sadiq Khan]

My right hon. Friend is an expert in this area. I would like to remind him that the definition of medium risk in the offender assessment system is that

“there are identifiable indicators of risk of serious harm. Offenders may include those sentenced for domestic abuse, violence, sexual offences, possession of firearms. They may be in gangs, have serious mental health problems and/or drug and alcohol problems.”

The Justice Secretary claims to be concerned about the small number of serious offenders with sentences of less than 12 months, but on the other hand he is allowing those sorts of offenders to be “supervised” by the likes of G4S, Serco and Uncle Tom Cobleigh.

[Paul Goggins]

I am grateful to my right hon. Friend for that intervention. The truth is, of course, that because the Justice Secretary started with a model of how he wants effectively to privatise 70% of what the probation service currently delivers, he has to squeeze all that risk into that larger majority of the work. This top-down model simply will not relate to or reflect the kind of risks that many offenders pose.

--- Later in debate ---

[Paul Goggins]

The hon. Gentleman and I have discussed those issues in Committee and in the Chamber, and I know that he speaks genuinely, but the crucial question relates to who commissions the service. If a local probation trust that understands the local need asks G4S to do the job, fair enough, but that is not what is on offer in this instance. What is on offer is that the Ministry of Justice down here in Whitehall will decide which private sector organisation should do the job, whether it be in Greater Manchester, in the hon. Gentleman’s constituency, or elsewhere. That is what concerns me.

As I was about to say, I am not ideologically opposed to the provision of a role for the private sector. During the recent Opposition day debate, I referred to a report from Lord Carter of Coles which advocated greater contestability and a greater diversity of providers. I supported that report, and I still support it. I think that good work can come from the public sector, the private sector and the voluntary sector. What I am critical of is the straitjacket approach that the Secretary of State is imposing on the whole probation service.

Members in all parts of the House have already raised a number of important questions, even before we have dealt with the question of the untested payment-by-results model that the Secretary of State seeks to impose. I support innovation in the criminal justice system. We should be determined to lower reoffending rates, and we should be looking for new ideas in that regard. The Peterborough and Doncaster pilots are interesting pilots, but that is all that they are: interesting pilots. As my hon. Friend the Member for Hayes and Harlington (John McDonnell) noted from a sedentary position earlier, they are voluntary. Only two thirds of those who are eligible to take part in them actually do so, and they are likely to be more motivated than others when it comes to cutting risks, stopping offending, and getting back on to the straight and narrow.

The Secretary of State has said that the results of the pilots so far are very encouraging, and we should take account of that, but I urge Ministers also to listen to the critics and experts who say “Let us be a little more cautious before jumping to national conclusions based on two local, voluntary pilots”—especially because those who have served short sentences often have the most chaotic lifestyles, are the most likely not to have jobs or homes, and are the most likely to reoffend. They are the most challenging group.

My hon. Friend the Member for Middlesbrough (Andy McDonald) made an interesting and wise observation earlier when, in an intervention, he spoke of the role of the voluntary sector in a payment-by-results system. Such a system ought to present an opportunity to voluntary organisations, but the danger is—and I have heard this fear expressed—that the context and culture of payment by results will deter and undermine the many voluntary organisations that are doing great work in helping to turn people’s lives around, and they will lose a role rather than gaining one.

As my right hon. Friend the Member for Tooting pointed out earlier, the Secretary of State has form when it comes to payment by results. I have looked at the latest payment-by-results figures relating to the Work programme. The September figures confirm that, even now, the system is not meeting even the minimum expectations of the Department for Work and Pensions. Indeed, three providers have already been penalised for poor performance.

It is instructive to look at what the Work programme has been doing for offenders, which is highly relevant to today’s debate. Of the 19,800 offenders who were released in 2012 and referred to the programme, only 360 had been found a job by June this year. I think that Ministers should be extremely cautious, rather than over-bullish and over-claiming, when it comes to the results of the Work programme and of payment by results.

There are obviously many questions to be answered, and that is before we have dealt with the practical issues of appointing staff, transferring cases, getting the IT up and running, sorting out the offices, renegotiating contracts, and ending existing contracts. All that must be done not in five years, but in five minutes; or, at any rate, in the weeks and months that lie ahead. Serious Ministers—and I include the prisons Minister in that class—should pause to reflect on precisely where things are at the moment. The prisons Minister should do what he has been asked to do—certainly by Labour Members, and, I suspect, by Government Members who have serious concerns—and organise a proper pilot that is properly evaluated. If he is right, that is fine, but if aspects of the model are not correct, he should think again. In other words, as my right hon. Friend the Member for Tooting said, he should be led by the evidence and not by ideology.

As I have said, I think that the central ambition of the Bill is a good one, and in principle I support it. I said the same during the Opposition day debate a few days ago, and I was grateful to my right hon. Friend for quoting from my speech earlier. I wanted to implement custody plus, and I was frustrated by our inability to introduce it when we were in government, because—for all the reasons that have been given today—the people whom we are discussing are the very people who need help, supervision and support the most. The obstacle was the £194 million a year that it would have cost to introduce custody plus: I am happy to admit that, and to express my frustration about it.

[Sadiq Khan]

I do not know whether my right hon. Friend is aware that custody plus was still on the statute book until the former Justice Secretary and Lord Chancellor, the Minister without Portfolio, the right hon. and learned Member for Rushcliffe (Mr Clarke)—who knows about finance—removed it via the Legal Aid, Sentencing and Punishment of Offenders Act 2012. He realised that the cost was exorbitant, whereas the current incumbent clearly does not.

[Paul Goggins]

Indeed. It is regrettable, in a way, that the Government took custody plus off the statute book rather than trying to build it up, and even work on a cross-party basis.

We are told repeatedly that the cost of supervising the 50,000 offenders who leave prison having served short sentences will be met from the savings generated by the competition that will take place for the rest of the work that has been allocated. I said two weeks ago that I did not believe that, and I say the same today. The maths itself tells the story. The Government propose that the private and voluntary sectors should be given 70% of the current probation work load: that is to be the deal. Some 220,000 offenders are currently being supervised by the probation service; 70% of 220,000 is roughly 150,000—and the private and voluntary sectors must find the resources to supervise another 50,000 on top of that.

When I go to the supermarket, I am used to seeing “Buy three, get one free”, but I am not used to seeing that when it comes to planning and paying for the supervision of some problematic offenders. It just will not wash. Ministers keep saying that they will not give us the figures because the information is commercially confidential and is all to do with competition, but they know that the figures will not add up, and they really ought to come clean about that.

My right hon. Friend the Member for Wentworth and Dearne (John Healey) made an important point about the potential for an unintended consequence in the sentencing of offenders. There is a danger that, as a result of the Bill, more people will be subject to short-term prison sentences and the value of community sentences will be undermined. I am not saying that that is what Ministers intend, but there is a danger of it, and it is spelled out in the impact assessment: Ministers accept that there is a risk of so-called uptariffing—that people will get a more severe sentence than might otherwise have been the case.

We know that there will be 600 extra prison places as a result of the numbers of offenders who will be recalled to prison, but there is a risk of a change in the behaviour of sentencers, too. It is common sense that if a sentencer is being offered a choice between a package of community activity and supervision and, as an alternative, that package plus some prison beforehand, they will be tempted to go for the belt-and-braces approach. I would appreciate it if the Minister would tell us in his winding-up speech what discussions he has been having with the magistrates and the Sentencing Council to make sure that we do not see an overuse of short-term custody as a result of his changes, and an undermining of community sentences.

There is also a real risk that certain vulnerable groups will not be helped if the Bill’s provisions are interpreted in, as it were, an automatic way, because that will lead to more supervision and stronger sanctions. A higher proportion of female than male offenders receive a short custodial sentence, and many of them come out of prison to chaotic lives and with abusive relationships to deal with. If things break down, it may not be appropriate for them to go back to prison automatically. That worries me, and I would like the Minister to say more about the flexibility in the system he is introducing, so people do not too automatically go back to prison when their needs are rather different.