PARLIAMENTARY DEBATE
Probation Services - 11 June 2020 (Commons/Commons Chamber)
Debate Detail
Beyond the immediate changes to our ways of working, however, covid-19 also presents an ongoing challenge to the implementation of our ambitious programme of probation reform. Probation services are currently split between the NPS, supervising high-risk offenders, and private sector CRCs, supervising low and medium-risk offenders. Those changes were made as a result of a 2010 manifesto commitment to end the situation where short-term offenders received no support after their release from custody. That commitment was the right one to make and, of course, it still stands. The current CRC contracts will come to an end in June next year, and last year my predecessor announced plans in this House to replace the current CRC contracts by moving to a unified model. This will see responsibility for the supervision of all offenders transfer to the NPS, while each NPS region will have a private sector partner—a probation delivery partner—responsible for providing unpaid work placements and behavioural change programmes.
Covid-19 does not change our ambition to cut crime, to keep the public safe and to tackle reoffending so that fewer people become victims of crime. Strong and reliable probation services are essential in realising that ambition. However, given the significant operational impact that covid-19 has already had and the uncertainty it brings for the future, it is right that we should reassess our plans. Protecting the public is my and the Government’s absolute priority. For that reason, I believe it is essential that we continue to deliver changes to how offenders are supervised by June next year as planned. However, the disruption caused by covid-19 makes delivery of other parts of our plans considerably more complex, and looking ahead, it is vital for public and judicial confidence that we have the flexibility to deliver a national response to any future challenges that covid-19 presents. For these reasons, I am today setting out changes to streamline the reforms, giving priority to unifying the management of offenders under a single organisation by June next year as planned, while giving us greater flexibility to respond to an uncertain picture across the criminal justice system and beyond.
Under those revised plans, we will end the competitive process for probation delivery partners. The delivery of unpaid work and behavioural change programmes will instead be brought under the control of the NPS alongside offender supervision when the current CRC contracts end in June next year. This will give us a critical measure of control, resilience and flexibility with the services that we would not have had were they delivered under 12 contracts with a number of organisations. We can reassure the judiciary and the public that, whatever lies ahead, offenders serving community sentences will be punished and make their reparation to society, and that programmes to address their behaviour will be delivered.
In making these changes, we cannot forget the role of specialist and voluntary organisations, which are vital in providing rehabilitation and resettlement support to more vulnerable individuals, such as women being released from prison or serving community sentences. They have also shown great innovation in continuing to deliver critical services during this challenging time, for which I commend them and express my deep gratitude. I am determined to preserve a role for these types of organisations, as well as the private sector, in the delivery of probation services. In the future system, we will, therefore, retain a dynamic framework for specialist rehabilitative services, but we must take account of the pressures that the market is currently facing. We will therefore prioritise the delivery of those specialist resettlement and rehabilitative services that are most needed in order to build a solid foundation that can be delivered within this timeframe and later built upon. We will be opening the dynamic framework for eligible organisations to register their interest in the coming days, and I encourage all organisations with an interest in providing rehabilitative services to register.
The unified model for probation delivery will ensure that we make the best use of the talents and skills in the public, private and voluntary sectors. For staff currently employed by the CRCs, the arrangements will mean that they will be in scope to transfer into the national probation service or to dynamic framework providers once CRC contracts expire in June 2021, depending on the work that they do. As we adopt a whole-system approach to criminal justice reform, it is vital that we continue to work together in partnership.
The Government remain fully committed to a mixed market in delivering custodial services, including our private sector partners, who run a high number of high-performing prisons in our estate. We are currently running a competition to operate the new prison that we are building at Wellingborough, which is due to end shortly, followed by a further competition to operate another new prison at Glen Parva. Our private sector prison partners will thus continue to play an important role in the custodial services sector, including as we deliver our ambitious programme of prison reforms, investing up to £2.5 billion to transform our prison estate and to create an additional 10,000 prison places.
I am confident that the changes I have set out represent the most sustainable approach for probation to deliver justice and to cut crime in the face of an unprecedented crisis. This approach will allow us to gain a critical measure of control over their recovery from covid-19 and to ensure that we are best placed to respond to any future disruption. I believe that these changes will also support our proposals to reform the sentencing framework, as I set out to the House last October. We have already made significant progress as a Government in delivering that agenda, including longer prison sentences for serious, violent and sexual offenders, but there is much more work to do if we are even better to protect the public and restore fuller confidence in the justice system. As part of this package of reforms, I want to deliver robust community penalties that offer an appropriate level of punishment while tackling the underlying drivers of offending.
These changes to the probation structures will help us to realise that ambition by giving us greater control over the levers necessary to strengthen community sentences. My officials will work closely with current providers, stakeholders and staff to ensure a smooth transition during this challenging time, ready for the new unified model to come into effect in June next year. I commend the statement to the House.
The playwright Alan Bennett wrote that the probation service is about the
“remedying of misfortune…which…has no more to do with profit than the remedying of disease”.
The probation service may seem abstract to many who have had lives of privilege. Unlike the health service, most of us will never come into direct contact with it, but every Member of Parliament knows that a properly run probation system is essential. At its best, it can be the national service of second chances: offenders rehabilitate, former criminals become good citizens and people are allowed to make up for their past mistakes.
Just as our national health service must be publicly run, so, too, must probation services, but the Conservative Government’s part-privatisation of the probation service was the deepest privatisation that the criminal justice system has ever experienced. The reforms led by the right hon. Member for Epsom and Ewell (Chris Grayling)—it is such a shame he has not made it to the Chamber—transferred 70% of the work done by the public probation service to private and voluntary sector providers. Coming in 2015, in the middle of a decade of austerity, these were, in essence, cost-cutting measures. The Government were warned, but, as we have seen with so many of their attempts to cut corners through underinvestment, ultimately these measures have cost much more in the long run. Since the reforms, reoffending rates have climbed up to 32%. Members of the public and victims of crime across the country would not have been subject to the trauma they were put through had this privatisation not been introduced in the first place. One service provider, Working Links, was found to be wrongly classifying offenders as low risk to meet Government targets. Profit was put before public safety, ethics were compromised and lives were lost. It does not matter what language the Secretary of State uses in this House, he should apologise for that mistake made by his party.
The Government cannot say that they were not warned about the devastation that their part-privatisation of the probation service would cause. Trade unions, including Napo and Unison, have been campaigning for probation services to be fully publicly run for seven years. The Labour party, too, has warned this House of the dangers of these reforms again and again. The chief inspector warned that the use of private firms to monitor offenders serving community sentences is irredeemably flawed. Lord Ramsbotham, the former chief inspector of prisons, even produced an interim report on how the Government can best return the services to public hands.
The Opposition welcome the Government’s U-turn today, but the obvious question is why the Government tried to make profit out of probation in the first place, and why it took so long for them to realise their mistake. More than a year ago, the Justice Secretary’s predecessor announced that the system was not working. He outlined that offender management would be renationalised, so why did the Government fail to renationalise the second pillar of the private probation service then? Why were unpaid work programmes and accredited programmes still put out for private tender? When the Government knew that their model was broken, why did they only go part of the way in fixing it?
As we move towards the return of the probation services into public hands, this Opposition will scrutinise every detail seriously. Probation services are too important to be messed around with again, so what is the timescale for reintegration of all probation services into the state? Can we be assured that this will not be used as an excuse for any more cuts? Will all the savings from not renewing private probation contracts go towards an improved, better staffed, trained and managed National Probation Service? Keeping expertise is vital. How will the Government ensure that private probation staff will be encouraged to continue their work? Local probation services must be able to draw on the voluntary sector and create connections with local employers, adult education colleges, health authority and jobcentres. How will the Government ensure that the National Probation Service is organised so that there are those strong local links?
Many prisoners are released without suitable accommodation, so the connection to local authorities is absolutely vital. Ex-offenders need to be helped to find a home from which they can start a better life. The Government want to frame these reforms as purely down to the coronavirus, but we all know the truth: the problems are much deeper than that. Let this momentous U-turn be the end of the assumption that the private sector always knows best. The Government outsourced school dinners and we ended up with obesity and turkey twizzlers. The Government outsourced the cleaning of hospital beds and we ended up with the highest rates of the superbug. The Government outsourced probation and we ended up with higher reoffending rates. The private sector is not the answer for everything.
However, probation is founded on the idea of second chances. It is in this spirit that we are open minded to the Government as they try to atone for their past sins. Will the Government commit to making these changes part of a broad, coherent strategy for investment in rehabilitation and greater safety for the public? The Government should not just try to put the clock back. They should work with the Opposition, work with our unions and work with our non-governmental organisations and other experts to build a better probation service than we have had before. This is how they can make up for their past mistakes.
I am not going to dwell for too long on the rhetoric; I will deal with the substance of what the right hon. Gentleman asked, and he asked a number of questions. [Interruption.] Well, rhetoric has its place, but we are talking here about the lives of people we are under a duty to protect and to support. I can tell the Opposition that I spent the best part of 30 years working with probation officers and with the probation service, reading hundreds of pre-sentence reports and respecting the professionalism of probation officers in court, both as counsel and as a part-time judge, so I do not need noises off to tell me what I know or do not know about the probation service, with the greatest of respect.
This is a service, as the right hon. Gentleman said, that is unsung. Its work is vitally important, but often goes unnoticed, unheard and unobserved. That is something that I am doing my very best to put right, and I can reassure him that those dedicated public servants who are working in the CRCs will have the opportunity to transfer, as I said in my statement, to the NPS, when the time comes in June next year. That is the timescale that we have kept to.
The right hon. Gentleman is right to talk about the need to focus on the reduction in reoffending. He will be glad to note that in last year’s spending review I secured an extra £155 million for probation services—one of the biggest rises and cash injections that the service has seen in many a year—and it is my aim to keep annual expenditure well over £100 million for each of the next several years. That is our ambition, and it is matched with investment and with a bold agenda on embracing technology. This is a service that will not only be able to keep pace with change, but be very much in the vanguard of it.
I am proud to be at the helm of a Department that has such a set of dedicated public servants. This is the right decision at the right time. I make no apology for it whatsoever, and I look forward to a non-ideological future in which the right hon. Gentleman and I can genuinely work together in support of the probation service that he says he values.
There were two faults. The first was that the companies were too large and did not equate with the geographical area of the police force. I would have given them, had I done it, to the police and crime commissioners, saying that they were responsible for the input and the output. A very good point was made by the shadow Lord Chancellor about engaging local authorities in all the services we have to bring to an offender for there to be a decent chance of getting them rehabilitated.
Secondly, I say to my right hon. and learned Friend that, attractive as going back to the position of 2012 might seem to me, we were trying to find the opportunities to make sure that we can get the charities, the private sector and everyone else engaged in the great work of rehabilitation of offenders. We are in many ways back to square one, but there is a huge opportunity to be grasped.
Virtual participation in proceedings concluded (Order, 4 June).
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