Richard Burgon
Main Page: Richard Burgon (Independent - Leeds East)Department Debates - View all Richard Burgon's debates with the Ministry of Justice
(5 years, 6 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Richard Burgon (Leeds East) (Lab)
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 (Stretford and Urmston) (Lab)
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
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”.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
The hon. Gentleman is making a powerful argument. He has referred to the United States of America, and I would like to refer briefly to the prison estate in Wales, which presently has 800 more places than necessary for Welsh offenders, many of whom are none the less imprisoned in England. All our female offenders are sent to England. In no way can it be said that the prison estate in Wales has been designed with the rehabilitation needs of Wales as a priority. Will the hon. Gentleman join me and his colleagues in the Welsh Government in calling for the full devolution of criminal justice, and especially of prisons and probation? Join your colleagues in the Welsh Government.
Richard Burgon
The hon. Lady makes an interesting point, and we can of course learn from the experiences in Wales and Scotland. I will touch on probation and wider justice later in my speech.
Chris Elmore (Ogmore) (Lab)
The UK Government are looking at creating new women’s centres. Does my hon. Friend agree that one of the priorities in developing policy for women offenders should ideally be the far more practical solution of installing a women’s centre in Wales so that our female offenders do not have to be imprisoned in England? Does he agree that that would be a far better policy response by the UK Government?
Richard Burgon
I tend to agree with my hon. Friend on that point, as on virtually everything else.
There is so much wrong with our prisons and with our wider justice system. It is overcrowded and too reliant on ineffective short prison sentences. It is also too punitive, and insufficiently focused on turning lives around. Slashing hundreds of millions of pounds from prison budgets and axing thousands of staff members have also been key drivers in what we must now call this justice emergency. Across the board, the scale of justice cuts is eye-watering, totalling 40% under the Conservatives. These cuts often go hand in hand with privatisation and, as budgets fall, there is a greater push for the private sector to step in.
Mr Jim Cunningham (Coventry South) (Lab)
About 20 years ago when I was on the Home Affairs Committee, we visited private prisons in the United States. In those days, boot camps were in vogue; they were going to save a lot of money. They never worked in the United States, however, and that should have been a lesson for the Government here when they privatised the prison service. The same thing has happened in our benefits system. Does my hon. Friend agree that this just does not work in social policy and rehabilitation?
Richard Burgon
I certainly do. I do not think that this Government or our society should see the United States of America as the example to follow in relation to incarceration and justice. People on both sides of the House should take note of the expanding campaign among progressives in the Democratic party in the United States against private prisons.
Under the Conservatives, the driving down of prison staffing levels and prison budgets was an attempt by the current Secretary of State for Transport, the right hon. Member for Epsom and Ewell (Chris Grayling)—who will feature again in this debate, as he does in so many others—to lower the cost of public sector prisons to those in the private sector. That has proven to be a dangerous race to the bottom, and private and public prisons are now far too dangerous.
Mary Glindon (North Tyneside) (Lab)
Does my hon. Friend agree that it is a really frightening and terrible statistic from the Ministry of Justice that private prisons are 47% more dangerous than public prisons?
Richard Burgon
My hon. Friend makes an important point. That fact should weigh heavily with the Government. It means that they should not dismiss this debate as being ideological driven and that they should instead look at the objective facts and think about what can be done to turn this situation around. Violence is at record levels, with an assault being recorded every 20 minutes in our prisons. The number of prisons labelled as being of “serious concern” is the highest for years. It is not enough simply to end prison and probation privatisation, but it is a necessary step if we are going to create a justice system that focuses on rehabilitation and public safety—values that are not consistent with maximising private profit.
Dr David Drew (Stroud) (Lab/Co-op)
We heard earlier about the need for a women’s centre in Wales. Does my hon. Friend agree that it is a tragedy that women, including those who have faced abuse in their lives, are leaving prison today with no accommodation to go to? Too many women are in that position, which is why the network of women’s centres is so important.
Richard Burgon
Women’s centres play a crucial role, and their work needs to be expanded. The female prison estate is a case study in illustrating that short-term custodial sentences do more harm than good to the individual, to wider society and to the public purse. My hon. Friend makes an important and powerful point.
Returning to private prisons, I want to focus on staffing levels, disproportionate violence, overcrowding, the lack of accountability, the extra costs incurred by the taxpayer, and the funds that could go towards public investment that actually go into private profits.
Simon Hoare (North Dorset) (Con)
The hon. Gentleman has been making a case predicated on ideology. To be clear, is it his view that there should be no private involvement in the prison estate whatsoever as a matter of principle, or is he arguing for a mixed economy but merely better management and supervision of private providers to ensure equity of service?
Richard Burgon
We are looking for an evidence-based approach. Given that privatisation in the justice system has been such a failure, it seems rather strange that the Government’s response seems to be to carry on digging while in a hole. As I will say later, even answers to parliamentary questions on private prisons often do not provide statistics and answers about, for example, the necessary staffing levels to sort out the crisis in our prison system.
Wera Hobhouse (Bath) (LD)
Could there be a compromise here? For example, the service itself could be provided by the Government, but the voluntary sector could provide some elements of rehabilitation and probation.
Richard Burgon
The voluntary sector plays an important role in our justice system and will continue to do so under a Labour Government.
Eight years ago, HMP Birmingham became the first publicly built, owned and operated UK prison to be transferred to the private sector. That is why its return to the public sector after such catastrophic failings under G4S should be a watershed moment. HMP Birmingham was the most violent prison in the country. When the state stepped in in August 2018 and took back control from G4S, what did it then do? It immediately brought in extra prison officers and moved hundreds of prisoners out—a clear indication of private sector understaffing and of the overcrowding that results from the private sector putting profits first.
The crisis at Birmingham Prison was not localised; G4S has failed across the justice sector. It has been forced to give up youth prisons after abuse allegations. Horrific treatment in its immigration and detention centres has been exposed. The security giant is also still under investigation by the Serious Fraud Office for its role in the electronic tagging scandal, which included charging for dead people. Let me be honest: its role in our justice system should have been suspended there and then, but the Government appear to be in hock to it, which is no wonder given that it has Ministry of Justice contracts worth £5 billion.
Ian C. Lucas (Wrexham) (Lab)
Does my hon. Friend agree that the Government could learn lessons from the public sector HMP Berwyn in Wrexham? A measured approach over a number of years has meant a gradual build-up of the number of men in the prison. In addition, the fact that it is directly accountable to, for example, me as the local Member of Parliament and to others in this House means that we can look closely at the situation and that we can address difficulties when they arise.
Richard Burgon
My hon. Friend makes some important points. No one is saying that the publicly run prison system is without problems, because the crisis extends across public sector prisons, but my hon. Friend explains eloquently that lessons can be learned from the experience at places such as HMP Berwyn. His point about accountability is crucial. With a privatised justice system and private prisons, accountability, which is so important for our democracy and so important to turn the justice crisis around, is sadly deficient.
Andy Slaughter (Hammersmith) (Lab)
On accountability, the previous Prisons Minister, the right hon. Member for Penrith and The Border (Rory Stewart), was going to resign if he did not improve the prisons, so I wonder whether we will hear about the current Prisons Minister’s attitude to that. The previous pledge was based on improvements at 10 institutions, including Wormwood Scrubs in my constituency, but of course there are another hundred or so prisons. We want to get away from this ad hoc approach. We need consistency across the Prison Service.
Richard Burgon
My hon. Friend, who makes an important point, has always been a passionate advocate for the improvement of conditions at Wormwood Scrubs. He is right that the former Prisons Minister had pledged to disappear from that role if he did not improve things in those 10 prisons.
Richard Burgon
He has, but under different circumstances. The key point is that the 10 prisons were cherry-picked and were not the 10 worst. If we are to turn this justice crisis around, we need a serious, measured, objective approach based on the evidence, not on chasing headlines for political promotion.
Catherine West (Hornsey and Wood Green) (Lab)
Does my hon. Friend agree that the statistic that there are 47% more violent incidents in private prisons than in those in the public estate, revealed in The Guardian yesterday, is truly shocking? We hope to hear more from Government Members about how they are going to tackle that dreadful new finding.
Richard Burgon
My hon. Friend is completely correct. The statistic she refers to demands a constructive response from the Government in this debate. Given statistics such as those revealed in The Guardian yesterday, the Government cannot just dismiss this Opposition motion as an ideological fixation.
Last year, the Sodexo-run Peterborough Prison became the first women’s jail in years to be deemed insufficiently safe, showing that the problem goes far beyond the failings of one company—the aforementioned G4S—because this is about the failure of an entire ideology. Serco, where the Under-Secretary of State for Justice, the hon. Member for Charnwood (Edward Argar), once worked as a spin doctor and which has Ministry of Justice contracts worth £2.5 billion, was forced to repay millions of pounds after scandals involving separate contracts for tagging and for escorting prisoners to court. Despite repeated failures, the 13 private prisons currently managed by G4S, Serco and Sodexo are set to be added to, starting with Wellingborough and then Glen Parva. The new prisons are to be built using the Birmingham model—built with public money and then handed over to the private sector to make profits at public expense.
Who will run the new prisons? Have the Government learned lessons from the failings of G4S and the like? Sadly, in response to my written parliamentary questions, the Government have refused to tell me who is most likely to run them, hiding behind the cloak of commercial sensitivity. However, the Secretary of State has indicated that G4S, Sodexo and Serco are all interested, so I wonder whether he will say today that he will exclude the companies that currently run prisons from bidding, given their record of failure. I have already asked him this question in writing, but why have the Government decided to ban the public sector from even bidding to run new prisons at Wellingborough and Glen Parva? Given that most prisons are in the public sector, it seems strange that the public sector is to be banned from competing in the bidding process. Some may conclude that the system has been stacked in favour of the private sector again.
There is a lack of openness about who will be running the private prisons, something which I have come up against time and again when raising my concerns. Requests for information about a key public service that should be available are denied due to commercial sensitivities, which is surely not right. One method of cost cutting for private prisons is obviously to cut staffing levels, even though understaffing is a key driver of prison violence, and there are real fears that that is happening. However, the Government refuse to reveal how many officers are employed at private prisons, despite numerous parliamentary questions and even requests from members of the Select Committee on Justice.
The prison officers’ union has raised concerns that private prisons have higher prisoner-to-officer ratios than public prisons, yet the Justice Secretary recently told me that his Department
“does not mandate staffing numbers in privately operated prisons. It is the responsibility of the contractor to determine and maintain the number of staff necessary to discharge the requirements of the contract”.
It is simply bizarre that state prisons have to publish staffing figures quarterly but private prisons do not. Again, we see how the private sector is allowed to hide in a shroud of secrecy while delivering public services.
Sandy Martin (Ipswich) (Lab)
Does my hon. Friend agree that it is not just about the level of violence as a result of higher prisoner-to-staff ratios but about the lack of rehabilitation services and the inability of staff to help inmates to learn, for instance, how to read and write? That is one of the reasons for reoffending when they come out.
Richard Burgon
That is an important point. Rehabilitation is key to an effective criminal justice system and to turning lives around and keeping communities safer. It is not just about violence; it is also about the failure to offer proper rehabilitation programmes, properly staffed and properly funded.
Opposition Members, experts and staff believe that private firms could be deliberately understaffing prisons to boost their profits. It is clearly in the public interest that staffing levels in private prisons be routinely published, just as they are routinely published for publicly run prisons.
If the Government want to reassure the public that private profit is not being put before the safety of prisoners, staff and wider society, will the Secretary of State today commit to making private companies come clean on staffing levels and publish them on the same terms as public prisons do? That is a very reasonable request.
One set of data that private prisons do have to publish is on assaults, which only adds to fears that privatisation is putting rehabilitation at risk. I put on record the shocking new figures that came to light in The Guardian yesterday, to which my hon. Friend the Member for Hornsey and Wood Green (Catherine West) alluded, on the scale of violence in private prisons. The figures come from an analysis of the Government’s answers to my parliamentary questions, so there is no doubt about their accuracy.
Despite comprising just 13% of adult prisons, private prisons are disproportionately represented among the most violent. Three of the 10 most violent adult prisons are private—that is 30%—as are five of the top 20, or 25%. In the most violent category, male local prisons, four of the five private prisons have an above-average level of assaults. That is 80% of all such private prisons. The figures show that private male local prisons are over 40% more violent than their public equivalents.
Labour has made it clear that, in office, we will scrap privately run prisons. The Tories should follow Labour’s lead and drop their ideological obsession with privatisation but, if they will not, the very least they should do—in the light of these figures and the other issues of safety, transparency and accountability that I have set out—is halt plans for more private prisons and establish an independent inquiry into whether privatisation is creating a threat to safety in our prison system. Again a very reasonable request, and I look forward to the Secretary of State’s answer.
Private prisons are also disproportionately overcrowded, with the 2018 House of Commons Library briefing suggesting that, although just over half of public sector prisons are overcrowded, this rises to 85% in the private sector. The fear is a simple one: more prisoners means more money for private operators, which is one of the many perverse incentives created by running prisons for profit. More analysis is needed on those figures. Again, an independent inquiry could look into whether private prisons are, indeed, more overcrowded.
As I have mentioned, the slash-and-burn approach to prison staffing and budgets was an attempt to drive down public sector costs to those of the private sector. That was done under the tenure at the Ministry of Justice of the current Secretary of State for Transport. Perhaps he should be responding to this debate, as our justice system is full of examples of his dangerous obsession with outsourcing and privatisation. It is not too late for his successor to take a different course.
Prison maintenance, for example, was privatised in 2015, with contracts worth around £500 million handed to Carillion and Amey. The £115 million planned savings to the state never materialised, but our prisons paid the price. Cells were left with smashed windows, while inmates lived in squalor and, in some cases, were unable to access towels and even soap.
Take HMP Liverpool. Inspectors found the prison to be rat-infested, with Dickensian conditions as thousands of basic maintenance jobs had not been completed. After the collapse of Carillion, the Ministry of Justice set up a new public facilities management company to replace the work of Carillion, but it has refused to rule out reprivatising this work, and let us be clear that Amey is still underperforming in too many prisons. Will the Justice Secretary commit today to bringing all maintenance contracts back in-house when they expire?
Mary Creagh (Wakefield) (Lab)
My hon. Friend is making an excellent speech and some excellent points. One of the findings of the Environmental Audit Committee’s review of sustainability practices in the Ministry of Justice is that contractors are unaware of their obligations. One site of special scientific interest, an important nature area, was being mown by the contractor with no oversight of the environmental sustainability issues at the prison. Does he agree that any new contracts must be managed in-house in order to have control over the future sustainability of the prisons estate?
Mr Speaker
Order. Notwithstanding colleagues’ appetite for interrogation, which is often insatiable, and the natural courtesy of the shadow Secretary of State in wanting to accommodate colleagues, I am cautiously optimistic that he is approaching his peroration simply because of the number of colleagues who wish to contribute to the debate. That is not binding. I am merely expressing my cautious optimism.
Richard Burgon
This House is a place for cautious optimism, which is very appropriate—not perhaps on all sides.
My hon. Friend the Member for Wakefield (Mary Creagh) makes an important point about environmental sustainability. When there is not sufficient accountability, when profit is being pursued, the price is often paid not only by prisoners and wider society but by the environment. I am glad that the public are increasingly mindful of those important issues.
In 2013 the then Justice Secretary announced the break-up and part-privatisation of the award-winning probation service. Can anyone guess who it was? Of course, it was the current Transport Secretary. Probation does not get the attention of the Prison Service, but it should because it manages a quarter of a million offenders in our communities—around 400 in each constituency on average.
After part-privatisation, 21 private sector community rehabilitation companies manage, or rather mismanage, 150,000 offenders. The Conservatives’ part-privatisation of probation has been a reckless and costly experiment that has failed to protect the public, fragmenting and damaging an award-winning service. Serious reoffending has soared, supervision is severely overstretched and hundreds of millions of pounds have been wasted on bailing out a broken system. It could well be the current Transport Secretary’s most damaging failure—a high bar indeed.
Rachael Maskell
I am grateful to my hon. Friend for giving way. The HMI Prisons report on the CRC in York highlighted the devastating impact on the morale of probation officers, who do fantastic work, particularly due to the change in culture and excessive workloads. Is that not only completely unacceptable but detrimental to those who depend on the probation service for their rehabilitation?
Richard Burgon
My hon. Friend is right to be a passionate advocate of the important work, done in difficult circumstances, by our probation workers. They need to be valued more. Their importance in our justice system needs to be more fully recognised by this Government. Ending the part-privatisation of probation would be one way of doing that. What was an award-winning service is now fragmented and damaged. The level of serious reoffending has soared, supervision is seriously overstretched and hundreds of millions of pounds have been wasted in bailing out a broken system.
The National Audit Office, parliamentary Committees, the chief inspector of probation, trade unions and many more have all condemned this botched probation privatisation programme. Indeed, the chief inspector, in this year’s annual report, labelled the system “irredeemably flawed”. She flagged a catalogue of deep-rooted problems, including the number of probation professionals being at a critical level, with too much reliance on unqualified or agency staff; eight out of 10 community rehabilitation companies inspected since January last year being rated as inadequate; more needing to be done to keep victims safe and to safeguard children; and the fact that a lack of judicial confidence in probation and community punishments may be leading to more custodial sentences in cases that are borderline. She concluded that public ownership is a safer option for the core work, while improvements are not likely
“while probation remains subject to the pressures of commerce”.
There is really no need to add to that. The chief inspector has concluded that public ownership is a safer option and said that the fact that probation remains subject to the pressures of commerce means that improvements are not likely.
With private probation contracts now ending two years early, Ministers have the perfect opportunity to listen to the experts, reunify this fractured service and remove the profit motive from probation once and for all. As we have heard, the current Transport Secretary ignored all the warnings from the Labour party and others, including unions, probation trusts and the voluntary sector, of the obvious dangers of privatising probation. It is essential that the current Justice Secretary learns from his Government’s mistakes, but so far the Government have said that they will be renewing the private sector contracts and in a way that appears mainly designed to help the companies become more financially stable.
Mary Creagh
Wakefield has two prisons—the women’s prison, New Hall, and Wakefield, a high-security establishment—so this is of great concern to my constituents. Does my hon. Friend agree that the previous Justice Secretary’s decision to abolish local probation trusts and to introduce the profit model into this was one of the worst examples of the reckless, untested and ideology-driven decisions that this Government have made?
Richard Burgon
My hon. Friend hits the nail on the head.
I am now coming to my conclusion, Madam Deputy Speaker. The Conservatives now need to drop this dangerous obsession with running probation for private profit and bring it back in-house, where it can focus on keeping the public safe. We are committed to ending the Conservatives’ failed privatisation of probation and returning the service to the public sector. The former chief inspector of prisons, Lord Ramsbotham, is overseeing our important review of how we best return probation to the public sector. I will be publishing Lord Ramsbotham’s interim report this week. I hope the Secretary of State will meet me to discuss this important report.
Throughout our justice system, outsourcing has been used to lower costs by cutting the pay and conditions of the lowest-paid workers. The people who clean the Secretary of State’s office, for example, and the security guards who keep the Ministry of Justice safe have been demanding a real living wage of £10 an hour, so will the Secretary of State take this opportunity to commit to ensuring that all staff in his Department, including those working under outsourced contracts, actually get the real living wage?
In conclusion, the Conservatives promised that privatisation of our justice system would lead to better services and lower costs. The evidence is now in: it has achieved neither. Instead of savings, we have had bail-outs; instead of improving safety, there is disproportionate violence; and instead of accountability, we have had secrecy. Even in the United States of America this debate on a privatised justice system is moving on—it must move on here, too. The Government must now face the facts: privatisation has failed. When in a hole, stop digging. The Government should scrap plans for yet more private prisons and private probation contracts. For those reasons, I commend this motion to the House.