Prisons and Probation

Debate between Richard Burgon and Mary Creagh

Tuesday 14th May 2019 Commons Chamber

[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.

--- Later in debate ---

[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.