Offender Rehabilitation Bill [Lords]

John Bercow Excerpts

Tuesday 14th January 2014 Commons Chamber

[Jenny Chapman (Darlington) (Lab)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

New clause 4—Piloting of probation reform—

‘The Secretary of State may not undertake a national restructure of the provision of probation services until the proposals have first been subject to an independently evaluated pilot scheme, and the results of that evaluation laid before both Houses of Parliament.’.

New clause 5—Provision of probation services: report to Parliament—

‘(1) The Secretary of State must lay before both Houses of Parliament a report on the performance of all providers contracted to provide officers to perform the duties of supervisor or responsible officer as described in this Act after one year of this Act coming into force.

(2) The report must include—

(a) an assessment of the information made available by each provider to the public, and their assistance to the Ministry of Justice in its performance of duties under the Freedom of Information Act 2000; and

(b) an update on what measures were included in each contract to allow the Secretary of State to penalise a provider that fails to perform to national standards or fulfil its contractual obligations, and on what occasions these measures have been brought into force.’.

New clause 6—Review of the effectiveness of prison services in delivering the Transforming Rehabilitation Strategy—

‘The Secretary of State may not undertake to introduce competitive tendering for the provision of probation services until a review of the prison service’s ability to implement the Transforming Rehabilitation Strategy has been conducted, and the results of that review laid before both Houses of Parliament.’.

New clause 9—Contracts—

‘Arrangements made by the Secretary of State resulting from this Act in accordance with which functions are conferred on officers of non-public sector providers of probation services, must include provisions requiring that—

(a) contracts for the provision of probation services from such providers be published;

(b) the economy, efficiency and effectiveness of such providers in discharging relevant functions be subject to National Audit Office assessment;

(c) companies under investigation for fraud may not bid for, nor be part of consortia bidding for, a contract for the provision of probation services; and

(d) companies with the status of prime contractor under the Work Programme may not bid for, nor be part of consortia bidding for, a contract for the provision of probation services.’.

New clause 10—Transparency—

‘Any contract for probation services shall be transparent and available for both public and parliamentary scrutiny, and be the subject of National Audit Office inspections.’.

New clause 11—Prohibition—

‘No company or other consortia shall be allowed to bid for Probation Service work if they are being investigated for fraud.’.

New clause 13—Annual reporting of reconviction rates—

‘The Secretary of State must publish an annual report which must include details of the impact of new supervision legislation for those offenders serving less than 12 months on the reconviction rates of offenders supervised by providers of probation services and as a consequence of participating in any programme or intervention.’.

[Jenny Chapman]

I would like to start with a few words on our friend and colleague, the former Member for Wythenshawe and Sale East, Paul Goggins. Paul served on the Public Bill Committee for this Bill, and I also served with him on two other Bill Committees. I have to say, and I am sure others Members agree and have said it already in this House, that he was the most thoughtful and supportive colleague anyone could ever have hoped to have sitting behind them on a Bill Committee. He advised me and gave me feedback, and he would definitely have been here today making a very strong contribution to our consideration on Report and on Third Reading. If he was here, our deliberations would be much improved.

I worked with Paul on amendments relating to looked-after children. He would have been very pleased to see the Government shift their position on the length of time that looked-after children can remain in foster care and be supported to do so. That is something he should have taken personal pride in. Although he was not the sort of person who would be arrogant enough to have personal pride, I think he should get the credit for this particular change. I know that he would have planned to speak today and that he would have tabled amendments. I am sure his name would have appeared many times on the amendment paper.

New clause 1 will look very familiar to those who have been following the passage of the Bill through both Houses. For a short and welcome period, it was included in the Bill. The Opposition, and I imagine a number of Government Back-Bench Members, would like to see it put back. I will point out from the start that the call for parliamentary scrutiny did not start life as an Opposition amendment. Although the Minister might sometimes think it, it was not cooked up on the Labour Benches just to make his life uncomfortable. The call for parliamentary approval before significant upheaval of the probation service was a Cross-Bench amendment tabled by the noble Lord Ramsbotham who, as colleagues will know, is a former chief inspector of prisons.

Lord Ramsbotham’s amendment was supported by every Cross-Bench peer who heard him speak to it. While the Bill focuses on one element of change to probation, it is flanked by a massive irreversible sell-off of a public service. It appears that the Government were hoping just to push that through under the radar and we think that that is very wrong. The former chief inspector of prisons was concerned enough by the proposals to try to stop that happening and enough noble Lords agreed with him to pass the original version of the amendment. New clause 1 concerns proper parliamentary scrutiny: MPs taking responsibility for a decision that will irreversibly alter the way in which offenders are supervised in the community, and for which there is no evidence and precious little support.

New clause 4 would provide a duty on the Minister to pilot his proposals for probation before rolling them out at what we think is breakneck speed across the whole country. They are conspicuously absent from the Bill. I will briefly remind the House of the Government’s proposals that are causing us such concern. They plan to abolish all local probation trusts; to sell off the majority of services to providers with no experience of probation or supervising offenders; to split up offenders according to risk categories, despite the fact that risk regularly changes; and to roll out an untested payment-by-results model to every region in one go. Probation services will be fundamentally unrecognisable after this upheaval.

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[Chris Grayling]

We may be going slightly off track, Mr Speaker, but may I just point out that the Work programme is doing about twice as well as the predecessor programme that we inherited from the last Government?

[Mr Speaker]

That is totally irrelevant to the Third Reading of the Bill.

[Sadiq Khan]

I wish the Justice Secretary was right, but he is not.

Imagine that shambolic record being repeated in a privatised probation service, with someone’s chances of being rehabilitated being better if left to their own devices than if they go through £600 million of supervision by the likes of G4S, Serco, A4E and Capita. By the way, for those who believe that G4S and Serco will have nothing to do with the privatised probation service, that is not necessarily the case. On 19 December, the Justice Secretary said that the Government had left open the possibility of either supplier playing a supporting role, working with smaller business or voluntary sector providers to support their objective of achieving a diverse market. Once more, there is smoke and mirrors from the Ministry of Justice, more hiding the real facts. G4S and Serco could still be involved in the probation service.

The best way to pursue plans that lead to massive changes of this kind and affect public safety are through piloting and testing to see if something works before rolling it out, rather than a big bang. Perhaps the Justice Secretary should also consider asking probation trusts to take on the extra supervision rather than ignoring them and opting for big private company involvement instead. That is precisely the kind of piloting and testing that his predecessor planned and which the Justice Secretary cancelled in his first week in his job in a fit of pique, when he announced that his own gut instinct trumped evidence and statistics. Does the House really think, without any evidence whatever, that a privatised and fragmented probation service will be able to deliver the provisions in this Bill? The Justice Secretary has nothing to point towards to support this—not the Peterborough scheme, as he claims, which is a totally different model. That is comparing apples with pears.

It is a double risk because at the same time as supervision is extended the institutional landscape responsible for supervision will be radically overhauled. This will see the Government abolishing local probation trusts, commissioning services on behalf of local areas direct from Whitehall, splitting responsibility for offenders based on a non-static risk level between public and private organisations and handing over to big multinational companies supervision of serious and violent offenders, and all at breakneck speed without any evidential base: a monumental gamble with public safety.

Of course we support attempts to reduce reoffending; we support extended supervision of those in custody for fewer than 10 months; we support attempts to provide through-the-gate support for those leaving prison; we support attempts to get more charities, voluntary groups and small and large businesses involved—but we do not support reckless, half-baked plans without any evidence that they will not put public safety at risk. We cannot support something that undermines public confidence in the criminal justice system, and we will not support ideologically driven leaps in the dark.

It is simply wrong for the Justice Secretary to argue that those who are concerned about his plans are against reducing reoffending just because we are against his particular half-baked and reckless proposals. We happen to believe that his plans are precisely that, and those concerns are shared by experts, staff, the chief inspector and even his own officials.

The Bill will now return to the other place. I hope colleagues there will insist that their clause—to ensure that probation privatisation should not happen without both Houses having the opportunity properly to scrutinise the Government’s detailed plans to change the structure of the probation service—is reinserted in the Bill. I see no reason why the other place should back down. The concerns reflected in the clause it inserted are as important now—if not even more so—than they were last summer. Scandals involving private companies have increased, and more evidence has come to light about concerns from the chief inspector of probation and from the Ministry’s own internal assessment of the risks. It is thus only right and proper for the Government to submit their full and detailed plans to proper parliamentary scrutiny, and not rush things through. We cannot afford to take reckless gambles where public safety is concerned. The Government’s plans risk doing exactly that, which is why we cannot support them.

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[Mr Speaker]

I pay tribute to the hon. Lady’s stoicism and fortitude in not allowing matters beyond her control to divert her from the content of her remarks. I feel sure that the sex change made by the Annunciator will now be corrected.

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[Alistair Burt (North East Bedfordshire) (Con)]

On a point of order, Mr Speaker. With the leave of the House. [Laughter.]

I am given to understand that I recently made a speech. Even more unusually, I cannot remember what I said. I know that that happens to all of us sometimes, but what concerns me is that, as far as I am aware, it is a very rare occurrence.

I wanted to give my full support to the speech that was given in my name by my hon. Friend the Member for Solihull (Lorely Burt), but also to suggest that, if anything unfortunate was said, you might refer it to my hologram, who may have been speaking instead of me at the time. I am grateful for the opportunity to set the record straight, and to make clear it that I was somewhere else at the time. That excuse is given commonly enough in politics, but on this occasion it is actually true.

[Mr Speaker]

All is now clear. I think that the House is grateful to the right hon. Member for North East Bedfordshire (Alistair Burt) for his sense of humour, and not least to the hon. Member for Solihull (Lorely Burt) for hers.

Question put and agreed to.

Bill accordingly read the Third time and passed, with amendments.