Offender Rehabilitation Bill [Lords] Debate

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Department: Ministry of Justice

Offender Rehabilitation Bill [Lords]

John McDonnell Excerpts
Monday 11th November 2013

(10 years, 6 months ago)

Commons Chamber
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Sadiq Khan Portrait Sadiq Khan
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The 2007 Act was permissive. It gave the Justice Secretary powers that could be used if probation trusts were failing. Probation trusts were supposed to commission services; I will come on to how the Act works in practice. As far as the Bill is concerned, if I were in a fit of pique, I would be an ideologue and do what my gut told me, but I look at the evidence on what works. That is what I will look at when I become Justice Secretary on 8 May 2015.

John McDonnell Portrait John McDonnell (Hayes and Harlington) (Lab)
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For the record, it was made explicit in debates on the 2007 legislation that it would allow the flexibility to introduce the voluntary sector in particular, not the wholesale privatisation of the probation service.

Sadiq Khan Portrait Sadiq Khan
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My hon. Friend reminds me that there are examples of probation trusts around the country that work with the private and voluntary sectors, and with charities. What the 2007 legislation was not about was a control freak Justice Secretary deciding from his desk in Whitehall who runs probation in different parts of the country. That is why there is a reasoned amendment in my name and the names of other right hon. and hon. Members. If the Justice Secretary has his way, in less than a year, there will be a system in place to deliver the measures in the Bill that is massively different from today’s. As the House will know, there is considerable alarm among experts, management, staff, the police, and MPs in all parts of the House at the proposed restructuring of the probation service.

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Lord Beith Portrait Sir Alan Beith
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There are complex legal reasons that I will not try and go into now, but I cannot imagine that this House would want a company that is currently the subject of a serious criminal investigation to be awarded a criminal justice contract. Both companies, of course, have contracts in criminal justice in other areas of activity or other parts of government, and they have perfectly satisfactory ratings on some of those. It is a difficult issue to deal with.

John McDonnell Portrait John McDonnell
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As the right hon. Gentleman said, we should be clear about satisfactory ratings. He should refer to the press this morning because G4S has been referred for prosecution as a result of the forgery of documents that allowed the deportation of a prisoner.

Lord Beith Portrait Sir Alan Beith
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I think I have made myself clear about what view the House would take if a company that was the subject of a serious fraud inquiry were to be awarded a bid in those circumstances. I do not think Ministers are in any doubt on that point.

My point about the market was generally much wider because we must take proper account of whether the Department has the capacity to manage that market. Indeed, it has been said on at least one occasion that the Department wants to draw new entrants into the market and cultivate new capacity, but has it got the capacity to do that? We must consider that important question.

On finance and timing, the Government have not made publicly available any assessment of the financial risk of not delivering the programme to the agreed time scale, quality or cost. The risk register apparently suggests there is a 51% to 80% risk that the reforms will fail to deliver the promised scale of savings.

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Paul Goggins Portrait Paul Goggins
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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.

John McDonnell Portrait John McDonnell
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The point made by probation officers —my right hon. Friend the Member for Wentworth and Dearne (John Healey) identified it, too—is the issue of professionalism in identifying the trigger that takes place and pushes the risks to a higher level, even from those on shorter sentences.

Paul Goggins Portrait Paul Goggins
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I agree with my hon. Friend, who is a great expert on this issue. I am happy to admit that he and I have not always agreed on every point about probation over the years, but he well understands that service, what happens on the front line and the difficult judgments and assessments that probation officers have to make when faced with people who can often be dangerous and difficult in the context of the chaotic lives that many of them lead. I am grateful for my hon. Friend’s intervention.

Reference has been made to the concerns of police and crime commissioners. This is interesting, because these are the new people elected under this Government’s reforms, yet they, too, are expressing concerns. They are doing so because they understand the importance of local partnerships for reducing crime and managing offenders. They are deeply worried that this Government’s proposals will erode those relationships, weaken them and put public safety at risk. That is why they are expressing their concerns.

Another major issue is that two of the major private sector providers, which are the most likely bidders for the work on offer from the Ministry of Justice—G4S and Serco—are under criminal investigation, following allegations of their over-charging for services that they are already contracted to provide for the MOJ. I give credit to the Justice Secretary, because when he found out about this, he came to the House to make a statement and has taken appropriate action since then. I commend him for that, but the implication of his robust approach is that these two companies should be sidelined from the process of contract allocation at this stage. I say that not as someone who is ideologically opposed to the private sector having a role in this sphere—quite the reverse.

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Kate Green Portrait Kate Green
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We have clearly heard the same rumours. It is important that we understand what the new risk assessment tool will look like, what the implications will be for the overall risk profile of this cohort of offenders, and whether we can expect to see some significant shifts in the way that the level of risk is identified and assessed.

John McDonnell Portrait John McDonnell
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This is getting barmier by the minute. The transaction costs need to be assessed. The transaction costs of the reassessment of offenders with the new risk assessment tool will be massive. In addition, there will be the transaction costs of monitoring the flow of money as offenders move between the risk categories.

Kate Green Portrait Kate Green
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Perhaps I am overcomplicating what is being proposed by the Government, but it seems to me that the whole financial structure and the way in which that relates to risk assessment is very unclear to Members—certainly to Opposition Members. It would be helpful, during the passage of the Bill, for the Government to make that clear to us so that we can understand the true financial as well as the risk consequences of what is proposed.

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Baroness Burt of Solihull Portrait Lorely Burt
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It is above my pay grade to comment on the Minister’s thoughts about the complex circumstances with regard to a specific contractor. He has, however, heard what I said and the “Hear, hears” of my honourable colleagues.

To return to the widening of the service, the Government’s answer is that introducing the private sector and competition to the market will drive down costs, which will release the money to widen the service to those shorter-term offenders who get little or no supervision at present. I hope that that equation will work. We are not privy to the analysis the Government have used. I am prepared to go with it, because I want this new system. I want short-term prisoners to be looked after on release and to have the opportunity to turn their lives around, and I want society as a whole to benefit from reduced reoffending.

What sort of organisations will they be? What does the private sector know about finding homes and jobs and helping ex-prisoners build new lives? My understanding is that the new organisations will probably be consortiums of private businesses, charities and not-for-profit organisations. A lot of tonight’s debate has been about whether the probation trusts will be able to tender for private sector contracts, but I understand that it is not appropriate for them to do so, because they are Government funded and such contracts involve risk. However, could my hon. Friend the Minister explain under what circumstances existing probation trusts or, indeed, existing probation officers could join consortiums, because their expertise will be in great demand and highly valued?

There are other concerns about whether the private sector will manipulate the system for gain. It is, after all, in it to make a profit. I hope that my Government have learned from the past failures of other privatised schemes under, perhaps, both Labour and Conservative Governments. I hope that grass-roots organisations will not be pushed, as the hon. Member for Stretford and Urmston (Kate Green) has said, into less-than-good deals for the delivery of their part of the programme.

The programme must deliver real results. We know that the best schemes of this nature have achieved up to a 12% decrease in offending rates, and I hope that consortium bids will approach that best-in-class target. The percentage of the payment at risk is also very important. It must be a substantial proportion of the fee in order to drive the consortiums into putting everything into working together so as to enable offenders who want to turn their lives around to be able to do so.

Finally, I want to dwell on the repercussions of the changes for those who work in the probation service, because they are anxious that they will find themselves either under the constant stress of having to deal with high-risk offenders or, potentially, out of a job altogether. I am assured that the need for our excellent probation officers will be greater than ever and that there will be more work for them to do, not less. Those who do not want to work with high-risk offenders will find that their skills and expertise will be welcomed in the community rehabilitation centres to which they can be transferred. Will my hon. Friend the Minister outline the scheme under which those transfers will take place? I understand that it is a Cabinet Office scheme that is at least as good as the TUPE transfer, but I would be grateful for any clarification.

John McDonnell Portrait John McDonnell
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The unions involved have consistently asked that that be inserted directly into the Bill itself. Does the hon. Lady support that?

Baroness Burt of Solihull Portrait Lorely Burt
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I understand that the Government have already done a fair amount of consultation. I am not aware of the exact way in which the unions are feeding into Government, but I know that the Government value the unions very much and will take into account their points and their wisdom.

The probation officers who elect to stay will find that not all their work will involve high-risk prisoners. Forty per cent. of their work is based in the courts and in inspecting approved premises. In some models, the work of probation officers is divided, so some of them already do the vast majority of their work in supervising high-risk offenders. As long as they are not forced into such work, that seems fair enough.

In conclusion, I hope that I have been helpful. I am listening carefully to the concerns being raised and I look forward to working with organisations associated with the probation service and with the unions in order to ensure that once the Bill has been through Committee, it will be as robust and effective as possible.

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Mike Wood Portrait Mike Wood
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The hon. Lady referred to “noise in the system” and I was beginning to understand what she meant. She has already made her speech.

I was suggesting that rather than being motivated by the wonderful new system of being paid only by results, the companies, will find a way to operate in which so-called results are unimportant in determining how much profit they make. That might be difficult for the hon. Lady to accept, but we ought to consider the kind of companies that the Government are talking to and that will be central to the new way of organising the probation service.

Many attempts have been made to downplay that point. The hon. Member for Enfield, Southgate, among others, said that we cannot make judgments about G4S on the basis of minor indiscretions because it has 74,000 employees. Companies that engage in Government contracts and then defraud the Government, that make claims for transporting prisoners who are dead or for providing services to people who have long since left the system, and that are under investigation by the Serious Fraud Office are not the kind of companies that the Government should consider offering further contracts to. Although the Minister was offered the opportunity earlier to tell the House that the two companies that are under serious investigation will be debarred until cleared, he has failed, yet again, to give that assurance. Apparently, companies that behave in that disreputable and dishonest fashion will be considered perfectly acceptable to play a part in the new system. I find that completely unacceptable.

As recently as today, we have heard more evidence of the performance of G4S. Three of its members falsified documents and were guilty, as far as I can see, of perjury. Judge Mostyn said:

“The three officials behaved disgracefully”.

He added:

“When agents of the state falsify documents it undermines, if not fatally then certainly very seriously, the trust of the people in the operation of the rule of law. It makes no difference if, as here, the agents are private contractors to whom the secretary of state has outsourced her powers. Corruption by state officials is insidious and corrosive.”

That was this week’s horror story; last week’s was about the torturing of prisoners.

John McDonnell Portrait John McDonnell
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It is important that we are aware of what happened today. The judge found that G4S had redacted papers that took out information and evidence that the person had been tortured and that therefore that person was eventually deported back to a place that had put his life at risk.

Mike Wood Portrait Mike Wood
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Absolutely. We are talking about people who collude in torture, and allegations that people are torturing prisoners in their care. Apparently, however, those people are perfectly acceptable and might play a part in privatising our probation service out of existence. We could, of course, also look at Serco, which is one of the other main contenders.

In spite of what the hon. Member for Dartford (Gareth Johnson)—who is no longer in his place—said earlier, the experience of Serco in managing the London unpaid work scheme is instructive. Reports from that scheme and other parties working, or hoping to work, in partnership with Serco—partnership is crucial in this area of our service—state that they have huge difficulties getting through to Serco’s helpline when they need to speak to it about any issue relating to an individual offender. They also said that Serco has failed to provide adequate information to offenders and probation staff, leading to unnecessary costs to the taxpayer through breach orders and subsequent court costs, and that previous good relations in partnerships have been destroyed by the actions of that private company. In spite of attempts to downplay such issues, those are the kinds of company that will win these contracts should they be let in the way that we are told they will be. We will have G4S responsible for probation, and Eddie Stobart responsible for legal aid.

The hon. Member for Solihull again used the R-word when she assured the House that both parts of the coalition are up for this revolutionary change. We need not revolutionary change, however, but testing, piloting and evaluation, and we need a far more cautious approach for two reasons, the first of which is the danger to the public, which has been mentioned extensively during the debate. I am in the Chamber representing 120,000 people —men, women and children—in my constituency, just as every other Member is doing. I have a responsibility to look to their safety, and these proposals will lessen that safety. My constituents will be more likely to become victims of crime as a result of dangerous, volatile, difficult-to-predict, sometimes professional criminals and offenders being supervised by untrained, unqualified, poorly paid, temporary, unmotivated, so-called probation staff. There is an enormous danger to the public inherent in and right at the heart of these proposals.

Secondly, I think that so far in the debate—I have been here since the beginning—no one has mentioned the danger to the criminal justice system. There is the idea that we can take on work with at least another 60,000 offenders a year and that the whole system will not become swamped, even though we are cutting resources at the same time—well, we are told that it will be within the same cost envelope, but that is 40,000, 50,000, 60,000 or 70,000 extra offenders a year to be dealt with within that same cost envelope. I am trying not to say that this does not add up, but it does not add up, does it?

We need a much more cautious approach because the Bill is being introduced with the lie that it is about high-minded aspirations to provide a service for petty offenders, those on short-term sentences and the like. We know, however, that the proposals are a blatant attempt to take public money and transpose it into the coffers of private companies. We also know what happens if we introduce legislation on that basis. Think of the Child Support Agency. How many years has it taken to get the CSA—which was introduced by the previous Tory Government, on a lie—back to something fit for purpose? How many lives have been ruined? How many injustices caused? Yet that is exactly what is being proposed in the Bill.

I have considerable concerns about the Bill, and to conclude I would like to place on record a few of the issues that cause me particular concern. First, the Government’s own impact assessment is one of the most vacuous documents that I have read for a long time. There is no costing anywhere in it: “We don’t have to cost it; we know what the cost will be, but we are not going to tell you. If we told you, the private companies involved might know.” There are estimates and guesstimates about the implications for the number of offenders, including those in breach of an order or going back to prison—the spectrum is so wide that it is rather like the weather report: “Tomorrow, there’s going to be weather.”

We are told that 600 extra prison places will be needed —we are talking about a new prison. We were told as recently as last month that in a prison estate of 85,000 places, there were 800 vacancies on the day in question. In fact, earlier in the debate, we were told that the figure is now down to 600. Is every one of those places to be filled by someone in breach of an order under the proposals? Surely not, yet that is the logic of 13,000 to 17,000 extra breaches leading to 600 extra prison places being needed. Any suggestion that that will be achieved by the expenditure of £15 million of extra public funds is, as again we all know, nonsense.

The proposals on drugs and drug testing deserve a debate of their own. We have heard an enormous amount of nonsense about what will be achieved by drug testing, and by the requirement to appear and private organisations that can drug test if they choose to. They will, of course, have to bear the cost, so we can be fairly sure that they will not choose to test very often. A Government Member has said that extending testing to class B drugs was to catch people who are on cannabis. That might be a laudable aim in all kinds of ways, but to what effect in terms of reoffending? The Blenheim project in London—a drug and alcohol project—has said that the measure seems

“to be based on a misplaced belief that comparatively widespread use of cannabis amongst prisoners indicates a strong link to offending behaviour”,

yet the UK Drug Policy Commission—no less—reports that

“users of other drugs have much lower rates of offending than those who use heroin and crack and are less likely to have committed a crime to get drugs or when under the influence of drugs”.

If we are not careful, petty offenders who have been released from prison on licence and who have amended, or who are coming to grips with, their offending behaviour, will be caught out by testing for cannabis. It will be found in their system and they will go back to prison. How does that save money? How does that improve the situation for that offender or for society?

If the Minister had read any one of the three volumes of prison diaries of his erstwhile colleague, Lord Archer, he would know that what happened in the prison system when it introduced mandatory drugs testing will happen outside the prison system. If a prisoner has a drug in his or her system that can be discovered for four weeks, they will move to a drug that cannot be discovered in that time. That is what has happened in our prison system where, as was reported recently, it is easier to get crack cocaine than a bar of soap. Prisoners have opted to move from cannabis to heroin. That is what will happen outside. What on earth is that about?

DrugScope, which has been referred to and which is probably the leading independent centre for drug expertise, has expressed enormous misgivings, as has just about every other organisation involved with drug addicts. They work daily to achieve results. The Government will not listen to probation trusts or probation officers, but those organisations are another group of experts doing the job that the Government believe they know better than.

We are told that a national probation service will be formed. We should remember that it will be responsible for the most serious 30% of offenders—the murders and rapists and the like to which the hon. Member for Solihull has referred. It will be responsible for multi-agency public protection arrangements and for breaching, yet it will be based regionally. We are going to tear the heart out of the relationship between officers and the serious offenders. The larger geographic area will make a difference.

I have been a probation officer and can tell hon. Members that getting a probationer to appear in my office was the first part of the job. What if I move the office 50 miles or 100 miles further away? Does anyone believe that that would improve the chances of the probationer appearing? Does anyone consider that it will lead to less offending? It will not. Let us not forget that such offenders are not petty offenders, but dangerous people. I therefore have grave doubts. Are we setting up the so-called national probation service—the public part that picks up the bits that the private sector does not want, cannot handle, has failed with and so on—to fail?

The Ministry of Justice has said that the Bill encapsulates

“a complex, large-scale change programme to be”

introduced and

“completed within an aggressive timetable.”

The situation is that what works will be replaced by what will not work, on the basis of an ideological hunch from the Secretary of State. Here in the House on 9 January—do hon. Members remember?—he said:

“Sometimes we just have to believe something is right and do it”—[Official Report, 9 January 2013; Vol. 556, c. 318.]

The Secretary of State himself told us that that was the basis and justification for doing away with the two pilots that would have given him an evidence base. Even though he was new to his job, he knew in the first week that they would not have given him an evidential basis for anything of the kind.

In last week’s debate, several Members recited the number of incidents of reoffending in any one year, and one of them said, “Something has to be done.” That is the cry of the impotent and the powerless the world over. It has now apparently become the watchword of the Government with regard to the criminal justice system. That just will not do. We deserve much better, and the public need and deserve much better. The Government have to rethink this proposed legislation radically.

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John McDonnell Portrait John McDonnell (Hayes and Harlington) (Lab)
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My right hon. Friend the Member for Wythenshawe and Sale East (Paul Goggins) referred to my long expertise in this field. Well, my expertise goes back to 1997, and I have dealt with successive Ministers. I am also the secretary of the justice unions group, of which the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd) is the chair.

Having dealt with probation officers for all that time, I can say that I have never known morale to be so low. There is real fear and anxiety among them and their families about the future. Hon. Members need to recognise that. The strike has been mentioned. People do not go on strike lightly—certainly not in this service. These are dedicated professionals. The National Association of Probation Officers have been pressing for years to be able to supervise those on short-term sentences, and the irony is that that will be used to privatise their jobs. The tragedy is that probation officers have delivered on everything that has been asked of them, and not just on a wing and a prayer—piloted studies have demonstrated their effectiveness.

I refer Government Members to the briefing from London Councils and the Mayor of London, which demonstrated the local partnerships that had been working in London, as well as the other work that had taken place. I refer also to the briefing on the integrated offender management service, which has been independently evaluated by Sheffield Hallam university. This is where the police and probation and local authorities come together and work with offenders with a high risk of reoffending. Sheffield Hallam’s independent study showed that in 2012-13 the service reduced reoffending by 52%, one of the highest success rates for any scheme. It found that the scheme was economically viable: over five years, for every £1 invested, there was a saving to the taxpayer of £1.59, and over 10 years that would go up to £1.79.

The Sheffield Hallam university study is not like the Peterborough study. I have a lot of respect for what is going on in Peterborough, but that is a voluntary scheme. People are referred to the Sheffield Hallam university scheme, almost on a mandatory basis. To be frank, we were waiting expectantly for the full results and evaluation of the Peterborough scheme next year. That is what we were promised: an objective assessment of what worked, and evidence-based policy making, which seems to have gone out of the window. It is not that the probation service is not willing to change, reform or expand; it is just that the Government refuse to allow the one organisation that has a proven track record of success to become involved in the supervision of the offenders we are talking about.

On privatisation, I do not want to go over what has been said about Serco, G4S and the rest of it; I like the example of the privatisation of the court interpretation service. People turned up who could not speak the relevant foreign language. One would have to invent something really creative to enable that to happen. The London community payback scheme has been mentioned; in my area, we have lost invaluable staff and volunteers as a result of the scheme’s mismanagement. Hostel accommodation was privatised but had to be brought back into the public sector because it was so bad. If the question is what happens to staff in future, we should look to the prison privatisations: wage rates in privatised prisons are 23% lower than in state prisons, and the conditions—there are issues with the level of training and high staff turnover—are undermining the service.

The Chair of the Justice Select Committee mentioned our fear that the market does not exist at the moment. The Opposition are being criticised on the issue of energy because there are six major players in that field, and that is not an acceptable market. In the probation market, we may be down to two players. If the Serious Fraud Office’s investigation keeps going, two will almost certainly be taken out of the game, and we will be left with two or three big players. That is not a market; that is not competition. And the argument that competition will find us all the savings is like a belief in Santa Clause or the tooth fairy.

I heard the argument about mutuals. Probation officers come into the profession not to manage a company but to manage offenders. I like the example of the Government mutual that was set up to administer the civil service pension scheme. The day the Minister for the Cabinet Office and Paymaster General came to the House to announce that change, the staff who were supposed to be participating in it were outside on strike, because the move was imposed on them, rather than being allowed to evolve.

I am concerned about costs, because it is quite clear that there is no real prospect of finding the savings through competition; that has been demonstrated in the case of other services. Where will the money be found to pay for the supervision of at least 50,000 to 70,000 additional offenders? There will potentially be 600 in a new prison. I think that there will be significantly more breaches than has been suggested, because we are dealing with people with chaotic lives. More and more people will be banged up. I remember the projections that the professionals gave us for prison growth: we were told that the number would never go above 60,000, but then it reached 80,000.

Where is the money to be found to pay for all that? I do not think it will come from savings through competition. It will come from where it always does: job cuts, pay cuts, the deskilling of the job, and the undermining of conditions of employment, including the pension. Reference was made to TUPE principles having an effect. We have had this debate time and again. To give assurances to staff, the last Government put a commitment to TUPE in some of their legislation, and that is what we would expect to find in this Bill to reassure professional staff.

We are requiring probation officers, and possibly private sector staff, to operate in a completely different environment. I welcome some elements of the legislation relating to supervision of those dependent on drugs, and other provisions, but to be frank, we met drug organisations in the drug and alcohol forum last week, and it reports exactly what we have heard in discussions with the Department for Work and Pensions. With the devolution of budgets to a local level, drugs services are being cut. Probation officers or private sector staff supervising offenders and seeking to get them off drugs will refer them to services that no longer exist.

One of my hon. Friends talked about how women will be affected. Reports are coming back from area after area that women’s centres and women’s services are being cut dramatically. We are setting up a system to fail. What does that mean in reality? My hon. Friend the Member for Batley and Spen (Mike Wood), who is a former probation officer, hit the nail on the head. We are setting up a system to fail, and in this case failure does not mean that something will not run on time or something may not be delivered on time. This failure puts our constituents at risk and it puts individual offenders at risk as well. I shall give one example from my constituency.

Feltham detention centre has been mentioned. When people come out of Feltham, there is a search by social services departments, probation and so on for accommodation for them. That accommodation is now managed by individual private sector organisations. In my area they have leased individual properties and put young people in those properties, largely unsupervised. One of them that I have been dealing with over the past fortnight is supervised for only three nights of the week. Only last Friday the police were called out twice. A month ago a neighbour had to take one of the young people living in the accommodation into her property because that person had been stabbed by another ex-offender—there is no supervision whatsoever.

When a system is set up which relies on the private sector and it does not deliver, in this area we are not talking about minor failures. We are talking about significant risk to life and limb of individual ex-offenders and of the general public. I repeat what I said last time and I am deadly serious about this: if any of my constituents are injured or harmed in any way as a result of this legislation, I will come for individual Ministers. I will seek to ensure that they never hold public office again.

Every warning has been given in this House, time and again by us and by professionals. I remind Members what was said by Liz Calderbank from the inspectorate. She said:

“Any lack of contractual or operational clarity between the public and private sector providers will, in our view, lead to systemic failure and an increased risk to the public.”

As chief inspector of probation, she said that

“the scale and pace of the change is considerable and we are concerned as an inspectorate that it is taken forward and implemented without any drop in performance”.

When such professionals warn a Government, their warnings need to be taken seriously. I worry, I fear for the safety of my constituents as a result of this legislation.

Richard Drax Portrait Richard Drax (South Dorset) (Con)
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Before I start, may I pick up on a point made by the hon. Member for Hayes and Harlington (John McDonnell)? May I humbly say that this is a debating Chamber, not a Chamber to make threats to those on the Front Bench on either side of the House? Perhaps we should stick to talking, rather than threatening people.

John McDonnell Portrait John McDonnell
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What happens when one of the hon. Gentleman’s constituents is injured, maimed or murdered as a result of lack of supervision by a private company as a consequence of this Bill? Who does he blame?

Richard Drax Portrait Richard Drax
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I should be as upset as the hon. Gentleman or any other Member would be if such circumstances were to arise, but I do not believe that threats should be made to individual Ministers. I have made my point and I shall continue.

I praise the Dorset probation service, which is outstanding. I agree with many of the points that have been raised. I spoke in the Opposition day debate and I agree with many points made by the Opposition and by one or two Members on the Government Benches. The probation service has made comments to me about privatisation and the 70% that has been suggested in the House tonight, and there are concerns about this. Will people fall through the gaps? What about careers, as has been asked? There are serious concerns about whether this proposal from the coalition Government will work. All I would say is that something is better than nothing, as we have heard from several good speakers on the Government Benches. We must do something because the reoffending rate is unacceptable.

Perhaps the situation has become so serious that we should be even more radical than the Government now are. At the young offenders institution on Portland, Sir James Spicer, who was the MP for West Dorset—I am sure some in the House will remember him—has introduced an initiative called the Airborne Initiative. The young men from that young offenders institution are taken out to Dartmoor and for five or six days they are taken day and night across the moors to navigate and learn about team spirit, camaraderie, friendship, discipline—all the things that these reoffenders and many young men and, dare I say, young ladies need.

Will the private sector and all these good intentions solve the problem? Has it got to such a point that the state needs to be even more radical? Perhaps I could lodge an idea in the minds of those on the Front Bench. How about a third force? I am not talking about making people join the armed forces, because as an ex-soldier myself I know that that clearly would not work, but I have trained young soldiers for two years, and some of them—not all—have arrived at the barracks in a similar state of mind to many young men who are in jail today. But six months later, after the training and the discipline they have received, and the friendship and camaraderie that have been engendered, these are young men one would be proud to die with. The system works.

So why do we not have a third force in this country? Why do we not put the Border Force and Customs and Excise all under one cap badge, run it on a militaristic basis and into that organisation put young men and women who, on a third warning in the magistrates court—call it what you will—rather than being sent to the young offenders institution in Portland, are given a chance? They can spend two years in the third force or go to jail. If they go to the third force and make a mistake, they end up in jail. Those who are coming to the end of a sentence of, say, six or seven years, are told in year five that they have a choice: two more years in jail or two more years with the third force.

The third force would be manned by volunteers who made a career on the sea, in the air and on the land—manned to a large extent by ex-service personnel. Rather than give second or third-hand ships to countries like India, those ships can be kept in this country and used for that purpose. Aircraft that may have outlived their usefulness on the front line can be used in the air. Those who have served in the Army can join the third force and represent the third force on the land. I know, because I have seen it work, that when young men and women are given a structure, discipline and hope, they can be turned around. Will all the good intentions of the private sector and the probation service, which, as I said, in Dorset is exceptional, work? The problem we have heard today from my hon. Friend the Member for Salisbury (John Glen) costs £7 billion to £10 billion a year. If we can grab just 30% or 40% of these young people and turn them around, which I believe we could do, when they leave the third force they can go on to contribute to society. They learn what it is like to be selfless, to give, to work together with other people, and to contribute to their country.

I very much hope that all these good intentions work, and I welcome something being done to cut the reoffending rate, but we could go much further and be far more radical with the future of our young people, many of whom have no structure at all in their lives. As a Conservative, I do not like the state to get involved, but perhaps the problem is so big that the state must get involved to cut the bill further. The state has the power and the money to provide something that these young people can be put into and given a chance. If the light is turned on, it is so simple. I have seen it happen. People with no hope are given a simple task to do, the structure and discipline within which to do it, and their lives are changed.

The police, ambulance and fire services ran an experiment with 12 young people aged 14 to 16 years old, out on one of the moors. They had four baddies, let us call them, four who were pretty okay, and four goodies, and they put them all together to spend the night out on the moor. The first task was run by a huge barrel-chested ex-Royal Marine. He said to them, “Right, your first task is to put up your tent.” None of these people had ever seen a tent. It was one of those old ones, with lots of bits and bobs, made of canvas. They stood there looking at it with hands in pockets and phones ringing. Their whole attitude was, “What the hell am I doing here?” Then one of them said, “Staff, could you come and help me?” The sergeant-major said, “Gentlemen, and ladies, gather around. What is the first lesson in life?” They looked at him perplexed. He said, “You’ve just done it: if you don’t understand, you ask.” Within an hour the tent was up.

The next day I watched all three groups go round quite a challenging assault course. They put the two bad boys with the two ladies and sent them around. The two young men who were the worst offenders—they clearly came across as the worst—were the best at it, and when they finished they went back, without being asked, to help the ladies, who were struggling. They finished the assault course and stood with their shoulders back, inspired. They had been gripped, disciplined and they had achieved something. I am utterly convinced that if that small glimmer of light was pursued they would have a chance in life.

It is nothing new. It is not reinventing the wheel. I believe that the Government’s intentions are honourable and good, as are the Opposition’s, but will it work, because the problem is so serious? I am afraid that my answer, from my experience of life and from looking around—I have been around a few years—is that it will not, and certainly not to the degree that it should and could.

Someone said from a sedentary position, “Put them in the Army.” I am not saying that we should put them in the Army; I am saying that many of those young people need what the Army and those sorts of careers engender. The hon. Member for Barnsley Central (Dan Jarvis), who is sitting on the Opposition Front Bench, is a distinguished former officer of the Parachute Regiment. He knows exactly where I am coming from, and I suspect that in his heart he knows I am right. We can reach lots of young people if we are more radical and daring and go back to the old-fashioned way of helping people who are in trouble and need our help. I leave that thought with Members on the Front Bench.

I will support the Bill tonight and hope that it works but, on behalf of the probation service in Dorset, I have some doubts about whether it will be sufficient. As many Members across the House have said tonight, there are genuine concerns that people will fall through the net. That is what worries me. That is the risk element. We have to accept that there is an element of risk, but there is risk in whatever we do. Have we balanced the whole argument to ensure that the risk is as minimal as possible? In this case—I do not like using this expression—only time will tell. I hope for all our sakes that it works.