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Philip Hollobone Excerpts(10 years, 10 months ago)
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Chris Grayling
On the last point, it is important to say that we are learning the right lessons. That is why the issue emerged in the first place. The tighter contract management procedures that we are putting in place have revealed shortcomings that took place under a contract that was let in 2005, and information that came to the Department in 2008. The right hon. Gentleman will remember who were in government in those two years. This Government are taking a more robust approach to contract management, and this issue has arisen as a result.
The right hon. Gentleman makes a point about the privatisation of the probation service. We are outsourcing probation to a range of different organisations not linked to today’s situation, and a large number of organisations have expressed an interest, including those from the voluntary sector that have immense skills in this area. I would not countenance a situation in which those organisations are tainted by the actions of two individual companies, or where we allowed a debate about two contractors to taint the reputations of outsourcing organisations that work and do a good job across government.
The right hon. Gentleman made some specific points about the two companies involved. Last night, we put to those companies that we would ask for a forensic audit, at a level that will meet any kind of investigative standards, to be carried out by PricewaterhouseCoopers, one of our leading independent auditors that works on such investigations. I am satisfied about the quality of the investigation it will carry out with Serco, and the management of Serco has accepted that the consequence of that investigation, if dishonesty is found, will be a joint reference to the authorities. To my mind, that audit meets any test we need to address. Unfortunately, G4S has not chosen to accept such an audit, and we have therefore passed the matter straight to the Serious Fraud Office.
I must be careful because this is a sensitive legal process. At this time, I do not have evidence of dishonesty. I have a situation of unacceptable practice, but not of dishonesty, and that is why I have commissioned a detailed forensic audit from those with expertise in such matters. For G4S we have done what people would expect us to do and invited the Serious Fraud Office to rule on the matter.
The right hon. Gentleman mentioned the Public Accounts Committee and the National Audit Office. I confirm that the National Audit Office has been aware of this investigation from the start. It is already investigating contracts within Government, and we are liaising closely with it. He mentioned all other contracts, and my right hon. Friend the Minister for the Cabinet Office and Paymaster General will today set out his plans to take forward work he has already started to address contract management across Government. The review I have announced led by Tim Breedon, our lead non-executive director, will address the issue raised by the right hon. Gentleman about all contracting with major contractors across the Department, including smaller contractors.
I can reassure the right hon. Gentleman on public safety as I sought to establish that very early in this process. I have seen no evidence whatsoever to suggest that public safety has been compromised. The issue is about people who were recalled to court or to prison but where the charging continued, so I can lay to rest the right hon. Gentleman’s concerns on that point. He also asked about the acceptance of guilt, but, in the legal process, I cannot comment on the position of the companies. They must set that out themselves. I have said that Serco is being constructive and collaborative, and I have set out the process for G4S. I say clearly that there have been failings at the Ministry of Justice that go back over the past decade, possibly longer. Those shortcomings are now being addressed but they should not have happened in the first place and I have indicated that, if necessary, disciplinary proceedings will be undertaken.
These are serious matters. We are entering a legal process and hon. Members across the House will understand that I must be cautious in what I say to avoid compromising legal proceedings. The House should be under no illusion, however, that I am dealing with the issue with the utmost seriousness. We will take all appropriate action and we cannot allow such things to continue unchecked.
Mr Philip Hollobone (Kettering) (Con)
May I praise the strong, expeditious and decisive action taken by the Lord Chancellor in response to this issue, and the way he has co-ordinated the Government’s response with the Minister for the Cabinet Office and Paymaster General, and the Attorney-General? As he indicated in his statement, Whitehall needs to raise its game on contract management. Will he continue to work as closely as possible with our right hon. Friend the Minister for the Cabinet Office and Paymaster General to get this matter resolved at permanent secretary level as soon as possible?
Chris Grayling
I am grateful to my hon. Friend for his comments and I give him that assurance. Looking back to when the issue first became visible in the Department, it is clear that existing expertise in contract management was not up to the job. Those failings and shortcomings should never have happened, and I intend to introduce measures to ensure that they never happen again.
Oral Answers to Questions
Philip Hollobone Excerpts(10 years, 10 months ago)
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Chris Grayling
The hon. Gentleman needs to realise that the concept of competitive tendering in criminal legal aid was originated by his own party. Now we are hearing the Labour party oppose the things for which it argued for years, and it is typical of this Opposition that they will say one thing when in government, and when in opposition will say something completely different. I am proud to be part of a party that is defending health budgets and taking tough decisions in other areas; the hon. Gentleman is part of a party doing the opposite.
Mr Philip Hollobone (Kettering) (Con)
Although legal aid is no longer available for most family litigation, it is still available for family mediation, yet many mediation services have seen their inquiries halve since April because clients are under the mistaken belief that it is caught up in the changes. Given that mediation is often better than litigation, what can the Secretary of State do to advertise the fact?
Chris Grayling
I am very concerned to pursue that. I am aware of the issues that my hon. Friend mentions. It may well be down to the fact that there was a surge in cases prior to the legal aid changes that came into effect in April, but I can give him an assurance that this is very much on my radar, and I intend to pursue it.
The Minister for Policing and Criminal Justice (Damian Green)
I am sorry that the hon. Gentleman did not hear my answer. There is genuine discontent about the way in which the perfectly reasonable articles in the convention have been misused in this country’s legal system, such that in many cases people who should not be able to use them misuse them in order to abuse this country’s hospitality by staying here when they have no right to do so and generally bring the whole concept of human rights into disrepute. The hon. Gentleman and I would agree that human rights ought to be the bedrock of a democratic society, but the problem with the current system is that that is in danger of no longer being the case. I would have hoped that he would welcome our attempts to reform it.
Mr Philip Hollobone (Kettering) (Con)
T5. If it is true that there are still almost 11,000 foreign national offenders in our prisons, what steps are being taken to negotiate compulsory prisoner transfer agreements with other nations so that these people can be sent back to secure detention in their own countries?
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
My hon. Friend is absolutely right that that is the right objective. We have negotiated a compulsory prisoner transfer agreement with Albania, which is a high-volume country. That was concluded in January. We are making better use than ever before of the European Union prisoner transfer agreement. My hon. Friend will be pleased to hear that some 200 cases are currently processing through that method. We will remove as many as we can because, as my hon. Friend has heard me say before, the right place for foreign national offenders is their own country, not ours.
Oral Answers to Questions
Philip Hollobone Excerpts(11 years ago)
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Mr Philip Hollobone (Kettering) (Con)
The waiting times for appeal hearings for employment and support allowance claims are far too long. The waiting time at the Leicester venue is now 40 weeks, which is a complete disgrace. What is the Minister going to do to sort this out?
Mrs Grant
My hon. Friend makes a good point. It is important to deal with these cases in a timely manner. National waiting times for ESA appeals are actually down, from 21.5 weeks in December 2011 to 16.7 weeks in December 2012. The figures are even better in Scotland, but of course more needs to be done.
Mr Philip Hollobone (Kettering) (Con)
What is the latest number of foreign national offenders in our prisons, and what progress is being made on sending them back to secure detention in their own countries?
Jeremy Wright
Off the top of my head I think there are about 10,300 in our prisons at the moment. We are making progress, as I explained earlier, not only with individual compulsory prisoner transfer agreements such as the one that we have already negotiated with Albania, but with more effective use of the European Union prisoner transfer agreement. Something like 200 cases under that agreement are currently being considered for deportation by the Home Office.
Rehabilitation of Offenders
Philip Hollobone Excerpts(11 years ago)
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Chris Grayling
The answer to that is: as of yet, not exactly, because there will be a bidding process. I emphasise again, however, that that will not be simply about cost, and that quality will be at least as important as cost and the proportion of the contract put at risk. It will not be 100% payment by results because we must pay for orders of the court. I intend the providers to have some of their money at risk so that they have every incentive to perform on our behalf.
Mr Philip Hollobone (Kettering) (Con)
My constituents in Kettering are fed up with repeat offenders, but incensed when those people are foreign nationals. The best way to have fewer crimes committed by fewer people is to ensure that foreign nationals cannot reoffend because after their first offence they are sent home.
Chris Grayling
I rather agree with my hon. Friend. He and I both sit on the Eurosceptic wing of the Conservative party, but one thing I welcome within the confines of the European Union is the prisoner transfer agreement. That is being ratified across the EU, and I hope it will soon allow us to send quite a lot of the people he is talking about back to their home countries where they belong.
Oral Answers to Questions
Philip Hollobone Excerpts(11 years, 1 month ago)
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Mr Vaizey
The right hon. Gentleman could have cited the battle that we had with Newcastle, which initially planned to cut all its arts funding. I believe that local authorities should invest in the arts, as has the city of Liverpool, which, on the back of being the European capital of culture, is now a cultural and tourist destination that is second to none.
Mr Philip Hollobone (Kettering) (Con)
Kettering’s Alfred East art gallery is the oldest purpose-built gallery in Northamptonshire and, to celebrate its centenary this year, it recently put on display some 350 pictures, filling the gallery. Will my hon. Friend encourage other art galleries around the country to get paintings out of their archives and to put them on display?
Jo Swinson
Clearly, we want to increase the number of organisations signed up to “Think, Act, Report”, but we have also been focusing on those that employ the largest number of workers. The current figures show that more than 80 organisations and large-scale employers have signed up, which represents 1.3 million employees. I think that is a key figure, because 1.3 million employees are now protected by companies that are ensuring that they not only consider what they need to do to tackle the pay gap, but act on it and, importantly, through transparency, report on what they have been doing.
Mr Philip Hollobone (Kettering) (Con)
Section 78 of the Equality Act 2010 requires businesses that employ more than 250 people to measure and publish their gender pay gap figures. Will the Government implement that and, if not, what is the problem with doing so?
Jo Swinson
When the Government launched the “Think, Act, Report” initiative, we set out the fact that we believed it would be helpful if companies took a voluntary approach in pursuing this matter. Of course, we have not ruled out commencing that part of the 2010 Act at some future point, and we have also brought forward legislation—this measure is set out in the Enterprise and Regulatory Reform Bill—that will force organisations found guilty of breaching equal pay laws to conduct equal pay audits. I think that there is a clear message to be sent to employers: they should get their house in order on equal pay, or the equal pay audits will be coming down the track.
Oral Answers to Questions
Philip Hollobone Excerpts(11 years, 2 months ago)
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Jeremy Wright
My hon. Friend is right to say that there will be a variety of different organisations providing rehabilitation services for which those currently employed by the probation service might end up working, and I hope very much that we will retain the skills within the system. He is also right that the proposals present the opportunity for increasing the professionalisation of the probation service of which he is a great champion, and we want to ensure that those proposals are not overlooked in the consultation process and beyond.
Mr Philip Hollobone (Kettering) (Con)
I commend to my hon. Friend the Minister the response to the consultation from the Northamptonshire Probation Trust, which has an excellent reputation. Although it is supportive in principle of the concept of payment by results, it, like my hon. Friend the Member for Waveney (Peter Aldous), has concerns that large and remote contracts—if the Department goes down that route—will not place sufficient emphasis on the joined-up local delivery of effective probation services.
Jeremy Wright
Again, that is a realistic concern and one that we will address. It is important that we maintain those crucial local partnerships, and we will expect anyone taking on this work to do that. We will also want to ensure that not only the design of the contracts but the management of those contracts and the relationships with smaller and local organisations, particularly in the voluntary sector, are maintained and nurtured. We will look carefully at all bids to ensure that they do that.
Chris Grayling
I am not sure whether the hon. Lady has experience of the small claims court, but this plays to the point raised by her hon. Friend the Member for North East Derbyshire (Natascha Engel). The small claims court is more of a mediation environment than a combative legal environment, and that is a better way of dealing with many of the smaller claims that people need to bring.
Mr Philip Hollobone (Kettering) (Con)
Jamaican and Nigerian nationals make up a big proportion of the foreign nationals in our jails. What progress is being made on negotiating compulsory prisoner transfer agreements with Jamaica and Nigeria so that we can send those people back?
Jeremy Wright
As my hon. Friend rightly says, Nigeria is a significant country in that respect, and he will know that one obstacle to negotiating such an agreement concerns the constitutional restrictions in potential receiving countries. My hon. Friend will be pleased to know that the Nigerian legislature has now passed legislation that makes such an agreement feasible, so we are making considerable progress with Nigeria.
Oral Answers to Questions
Philip Hollobone Excerpts(11 years, 3 months ago)
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Chris Grayling
My hon. Friend will know that that was a matter of great concern to me in my previous job. None of us benefits from getting decisions wrong and a huge amount of effort has been put into getting them right. Of course, our Department must provide a route for appeals when they are necessary, but I can assure him that a huge amount of effort goes into trying to ensure that we get decisions right first time.
Mr Philip Hollobone (Kettering) (Con)
7. If he will consider increasing magistrates’ sentencing powers from a maximum of six months to a maximum of 12 months for the purpose of making greater use of magistrates’ courts.
Mr Speaker
The hon. Member for Shipley (Philip Davies) has clearly been undertaking work experience on a farmyard. We are grateful for his contribution.
Mr Hollobone
Kettering is fortunate to have an excellent bench of magistrates and the whole nation should be grateful for the tremendous unpaid work carried out by 24,000 magistrates up and down the country. Is the Minister aware that £40 million could be saved in the criminal justice system were he to undertake this simple revision of magistrates’ powers? Justice would be better, cheaper, quicker and more local as a result.
Damian Green
I absolutely share my hon. Friend’s high regard for magistrates both in Kettering and around the country. They are indeed volunteers who do a very good job. I am aware of the Magistrates Association’s proposals and the costings and savings that have been suggested. Those proposals bear scrutiny, because there will be second-order effects such as potentially more people in prison and more defendants electing to have a Crown court trial. As I said, the main thing to do is to ensure that people do not reoffend, which is why we have concentrated on extending supervision to short-sentence offenders.
Freedom of Information
Philip Hollobone Excerpts(11 years, 3 months ago)
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Sir Alan Beith
On a point of order, Mr Hollobone, you will have noticed that the Division bell did not ring audibly in this Chamber, and I wondered if you could look into whether that can be put right. As it happened, it did not matter, because the motion in favour of extending the franchise to vote to age 16 won by about two to one, but I would not have liked to miss the vote.
Mr Philip Hollobone (in the Chair)
Thank you, Sir Alan, for that point of order. The Clerk made us aware of the Division, but I will ensure that your comments are relayed to the appropriate authorities.
Mr Llwyd
As I mentioned, the Freedom of Information Act has developed—some might say radically—the extent to which the public are able to engage with the decisions made by public bodies. First, however, they must choose to engage.
Perhaps inevitably, the tendency of the media is to focus on the negative stories coming out of FOI requests; some say, which I believe could be true, that this may have led to a perverse incentive to hide information. The former Cabinet Secretary, Lord Gus O’Donnell, said in his evidence that he had experienced that at first hand:
“I decided to release, since I am not paid by anybody at the minute but I am a Member of the Lords, some hospitality information. I do not think anybody else does that. Surprise, surprise, you get a snidey press story in Private Eye as a result of this.”
The Select Committee, however, was very much of the opinion that the increased and, yes, sometimes unfair criticism of those in public life was a price well worth paying for greater openness.
To what extent has the Act facilitated decision making by public authorities and central Government? Regrettably, many witnesses thought that in trying to avoid the possible embarrassment of disclosure, fewer bodies were inclined to keep detailed records of meetings or to keep a log of policy information. Martin Rosenbaum, representing BBC News, argued that any change in culture brought about by the Freedom of Information Act had been inconsistent, and that the Act has done relatively little to advance transparency on account of the cumbersome nature of the FOI process. He said that
“the Act now enables us to obtain on a very crude level…facts and figures—how much was spent on this, statistics about the performance of public services and so on. The sorts of things that were harder to get previously now tend to be very easy to get, but what it has not produced, and the civil service is certainly very resistant to this, is internal discussion documents, policy discussion, minutes of meetings and so on.”
Witnesses spoke about the “chilling effect”, to which the right hon. Member for Berwick-upon-Tweed referred, that has led to civil servants being less candid in their advice to Ministers, fewer external organisations being willing to submit information to the Government and fewer meetings being held with formal minutes taken—greatly damaging the official record. As Lord O’Donnell pointed out, that “chilling effect” not only impacts on the engagement of our own generation with decision making, but will make it increasingly difficult for future historians, too, to get an accurate picture of how decisions were made, as so little evidence will remain.
Other witnesses pointed out that that unintended consequence of the Act has the potential to weaken Cabinet collective responsibility, since many key decisions will not be made in Cabinet, where formal minutes are taken, but in safe places, be it on mobile phones or behind closed doors. On the other hand, it is imperative to draw attention to the fact that the Act contains safeguards against that problem—namely, exemptions to the right of access to information in exceptional circumstances, as well as other ministerial vetoes for when information is deemed too sensitive to release.
Transforming Rehabilitation
Philip Hollobone Excerpts(11 years, 4 months ago)
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Chris Grayling
I do not expect this to lead to wholesale redundancies in the probation service. It certainly means a new world for many people in the probation service in being part of the new organisations, new social enterprises and new consortia that will deliver the services. Yes, of course there will be some changes, but this does not involve, suddenly and instantly, mass redundancies in the probation service—that would not be right.
Mr Philip Hollobone (Kettering) (Con)
Of the 50,000 prisoners on short-term sentences who are released each year, a growing proportion are EU and other foreign nationals. These people do not deserve rehabilitation; they deserve deportation. Will my right hon. Friend dig deep within the security provisions of the EU free movement directive to ensure that if any EU national commits an imprisonable offence in this country, of whatever sentence length, they are deported on release and barred from returning to this country?
Chris Grayling
I agree with every single word that my hon. Friend said. We have far too many foreign national prisoners in our jails. The challenge of returning them, of course, is that there has to be somebody willing to take them at the other end—I am not willing simply to release criminals on to the streets. I absolutely agree that we need to be able to return prisoners as quickly as possible. I intend to do everything I can to use the prisoner transfer agreement, which more and more countries are now ratifying, as much as possible to return offenders to other countries, and to do everything I can, with my hon. Friends in the Home Office, to make sure that they do not come back.
Oral Answers to Questions
Philip Hollobone Excerpts(11 years, 5 months ago)
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Damian Green
I agree, and that is why I made the point to the hon. Member for Huddersfield (Mr Sheerman) that it is for the courts to decide the appropriate punishment. That might well be the use of restorative justice, which is particularly effective with young offenders.
Mr Philip Hollobone (Kettering) (Con)
I declare my interest as a special constable with the British Transport police. Although the age of criminal responsibility is 10, effectively many police officers will not do anything in the case of a miscreant under the age of 16. May we have a change to the law, whereby if a police officer were to issue a fixed penalty notice for somebody under 16 who committed antisocial behaviour or a crime, it would be served on their parents or guardians so that they would ensure that their children behaved properly?
Damian Green
I am always interested by the expertise my hon. Friend brings to this issue, given his welcome work as a special constable. I shall certainly consider his suggestion seriously.