Following Sir Edward’s visit to the Leicestershire Probation Service last month, Sir Edward spoke in the debate on the rehabilitation of offenders yesterday in the Commons and you can see his various points of involvement below.
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Jenny Chapman: Perhaps, then, if that is the Minister’s attitude, he will be minded to support our new clause 5. It is reasonably worded and if he reads it carefully he might find that he can support it.
Returning to HMP Oakwood, the Government have somehow managed to build a brand new, state-of-the-art prison that seems to be failing on every imaginable front. A surprise prison inspection last year found inmates reporting that it was easier to get drugs than soap on the wings, while the inspectorate report revealed that the inexperience of staff was visible everywhere, with staff unwilling to challenge bad behaviour and many being
“passive almost to the point of collusion”.
As the report continued, indicators of levels of violence were high, there were not enough activity places and the control and supply of medication was “chaotic”. The chief inspector of prisons called the state of the prison “unquestionably concerning”. The Secretary of State was disappointingly somewhat less firm in his criticism, largely dismissing these as “teething problems”. A couple of months later, inmates managed to stage not one, but two rooftop protests. As late as last week, six months after the inspectorate visited the prison, West Staffordshire police were notified of an incident lasting through the night, apparently involving an entire wing being barricaded by inmates.
Sir Edward Garnier (Harborough) (Con): I am sure it is entirely my fault for being obtuse, but could the hon. Lady try to weave her remarks about the prison into her arguments in support of the new clause because I do not see a connection?
Jenny Chapman: I will attempt to assist the hon. and learned Gentleman. The point is that Oakwood prison is run by one of the would-be providers of probation services.
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Sir Edward Garnier: I will be brief because we enjoyed the speech of the hon. Member for Darlington (Jenny Chapman) for some little while. Essentially the point of difference between her and me, certainly in relation to new clause 1 and the new clauses that mirror it, is that she would like to delay the progress of the implementation of the Government’s proposals and I would like them to be implemented as soon as possible.
There has been a considerable amount of to-ing and fro-ing both across the Dispatch Box and between Members of Parliament and their constituents who work within what I loosely term the probation services, by which I mean not specifically the Government agency, but those who carry out rehabilitation services. I have recently met members of staff of the Leicestershire probation service and when I was a shadow Justice Minister I made a point of visiting a huge number of probation offices, meeting both probation staff and those who work not in the Government agencies but in the charitable sector, such as the organisations my hon. Friend the Member for Enfield, Southgate (Mr Burrowes) mentioned in his intervention. It struck me that, by and large, there was a big hole in the way we look after short-term prisoners and repeat offenders. They were released from prison unsupervised, and the sooner we start supervising these under-12-month prisoners the better for them and for their victims and society as a whole.
I can appreciate the political arguments the hon. Member for Darlington advanced. I appreciate that from her pre-parliamentary background she has an affiliation with the GMB and therefore has an interest in—
Jenny Chapman indicated dissent.
Sir Edward Garnier: Well, I hope I have read the hon. Lady’s entry correctly. Perhaps she had better come and see me later and we can get it corrected. In any case, her party has a closer affiliation to the trade union movement than I personally have and my party has. I can therefore understand why she is advancing these arguments requesting pilots and other forms of delay mechanisms, because she does not want these measures to come to pass. I think that argument has been had and the situation now needs to be resolved, however, and I therefore urge her not to press her amendment to a Division. I am far more interested in the results we can achieve for our constituents and those offenders who desperately need the supervision they are currently not getting than I am in the political arguments.
Sarah Champion (Rotherham) (Lab): Might not another reason for our pressing these amendments be accountability and wanting to see evidence?
Sir Edward Garnier: No doubt that might be one of the collateral reasons, but that does not undermine the point I am making, which is that we need to help these under 12-monthers as soon as possible. If we are to have further statutory brakes on the introduction of supervision, either through the national probation service or through the non-Government organisations—
Sir Edward Garnier: I seem to have provoked all sorts of charming people. I give way.
Jenny Chapman: I really did not want to intervene and was trying very hard not to do so, but I just want the hon. and learned Gentleman to understand that we are not opposed in any way whatever to the introduction of supervision for prisoners who serve short sentences, but we believe there are other ways in which that could have been implemented without going through this ridiculous process that the Government are hell-bent on pursuing.
Sir Edward Garnier: Is it St Francis I am reminded of: “Oh Lord make me pure, but not yet”?
Sir Edward Garnier: St Augustine. I am so glad for that correction. The Minister is multi-talented.
I do not think I need to pursue my argument. I have made the point I want to make, and I understand the points the hon. Member for Darlington has made and I disagree with them. I suggest we get on and permit the arrangements to be advanced as soon as possible. I say that not out of party political animus; I say it out of a desire to see something done, having spent five years in opposition between 2005 and just short of 2010 taking an intense interest in the way in which we ran our prison system, our criminal justice system and our rehabilitation system. I also say it as someone who has sat for 12 or so years as a Crown court recorder and who had to deal quite regularly with the results of failure, and I think the time has come to stop that.
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Mr Llwyd: …The hon. and learned Member for Harborough (Sir Edward Garnier) referred to the GMB union. It is a question not of union versus anybody else but of what works and what does not work. NAPO has had experience over many years, and I have already referred to its successes.
Sir Edward Garnier rose—
Mr Llwyd: Yes, of course I shall give way, but let me make this point. Time and again, I have heard NAPO say, “If it is inevitable that we have to go down this path, let us see whether it works.” Let us pilot this system. Let it come before Parliament before the changes are effected, because, although NAPO refers to its jobs, its main concern is the safety of the public it serves.
Sir Edward Garnier: The right hon. Gentleman and I have many mutual friends who are members of NAPO. Harry Fletcher is a former assistant general-secretary whom we both know and respect. My point was quietly to tease the hon. Member for Darlington (Jenny Chapman) who happened to say in a parliamentary reference book that she was a member of the GMB, but she tells me that that is not the case. I was not making not a substantive point but—
Sir Edward Garnier: I do not think that we need to divert into other areas. The short point I am making is that of course there are political differences between my party and Labour over the influence of trade unions. Essentially what I want to get across is that this needs to be done because the victims and the prisoners in question need to be assisted.
Mr Llwyd: I agree entirely with the hon. and learned Gentleman on that. We all agree that we need to deal with these prisoners. If the model works, that is fine, but if it does not, it will be a disaster. Pausing a bit would have been a good idea. There were two pilots that were cancelled halfway through. If they had carried on, we would have had some evidence to consider. Even people like me who need some persuasion about the system would see that it works and that there is no danger to the public. Instead, we rush headlong into the dark.
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John McDonnell: I apologise to the House for the fact that I will leave after my brief remarks, because at 3 o’clock I have a meeting, which I have been seeking for a couple of months, with the Secretary of State for Education, about a school in my constituency. I hope that I will be back in time for the Minister’s response.
Let me pick up on the point made by the hon. and learned Member for Harborough (Sir Edward Garnier). We have all been pressing for some time, under the previous Government and this Government, for the supervision of offenders with sentences of less than 12 months, but we all expected that to proceed normally—that is, with a proposal being made with a budgetary paper attached that the existing system would be challenged to meet—so that we could plan the development of the probation service. If there were to be additional funds, some of us would have lobbied the Treasury while others would have argued that the service should swallow its own smoke and keep the budget within its existing budgets. That was what we expected.
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Mr David Hanson (Delyn) (Lab): I begin by echoing the comments of my hon. Friend the Member for Darlington (Jenny Chapman) about our late colleague, Paul Goggins. I followed him as a Justice Minister, doing the job he did when he was in the Home Office and had responsibility for probation, and I know how well respected he was in the sector, by officials and the community at large. I also had the pleasure of sharing time with him as a Northern Ireland Minister, where he was also well respected. This is my first opportunity to put that on the record in the House. I will attend his funeral on Thursday, along with many colleagues across the House, to pay my final respects to Paul for all his work. ... I said that in support of what my noble Friend Baroness Scotland and the then Lord Chancellor, my noble Friend Lord Falconer, said in another place when introducing the Offender Management Bill. I would be interested to hear what the Minister has to say about that. I am very pleased that the hon. and learned Member for Harborough (Sir Edward Garnier) is present, because I said it in response to a Lords amendment that he supported and that sought to do exactly what the Minister is seeking to do now to the probation service. We rejected it and I put it on record that the Offender Management Bill would not be used for that purpose. ...
Mr Hanson: I give way to my former shadow, the hon. and learned Member for Harborough.
Sir Edward Garnier: I think my shadow is rather bigger than it used to be. I want to encourage the right hon. Gentleman with the tedious little point that at least he and I have remained consistent over the past seven years, so why not comfort himself with that and then we can put this to a vote?
Mr Hanson: The point I am trying to make is that I support new clause 1 because the Government are trying to use the 2007 Act to take an approach that then Ministers, in both Houses, rejected. I accept that the Minister believes that he has a legal basis to do this. I simply ask him to publish it, so that we can test it in due course. I am happy for the Minister to intervene, but he will have a chance to respond later. Like my hon. Friend the Member for Darlington and other hon. Members who have spoken, I remain concerned about the proposal, because I believe it is a gamble.
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Jeremy Wright: I would say two things to the right hon. Gentleman on that. First, he and his colleagues have busily argued that we should have had more pilots, while some of the pilots we cancelled were less comparable to our reforms than were Peterborough and Doncaster, so he needs to be careful what about what he is arguing for. Secondly, he is absolutely right to say that the Peterborough and Doncaster pilots were conducted on a voluntary basis. That is because the law does not allow us to impose them on a compulsory basis. That is the law I am inviting the right hon. Gentleman to vote in favour of today, and I very much hope he will do so. Unless we have that law, we will never be able to impose those kinds of provisions on a compulsory basis.
Finally, on the issue of the pace of the reforms—an issue of which others have made much—I want to say two things. First, it is important that those who are employed by probation trusts—my hon. Friend the Member for St Albans (Mrs Main) made this point—understand where they stand. It does not benefit them for us to drag our feet at this point. We need to get on with it so that those people can understand what their own futures hold. Secondly, to reiterate a point made my hon. and learned Friend the Member for Harborough (Sir Edward Garnier), I make no apologies for the urgency of these reforms: as long as we wait, there will be further cases of reoffending and further victims created. Some 600,000 offences are committed every year by those who are reoffending. That is the problem that everyone here has identified correctly and everyone says they want to do something about. The difference between the Government and Opposition Members is that we know how we are going to do it and they do not have the faintest idea. They do not know how they would pay for it, either. We know that the last Government set out to achieve this, but could not afford to do it within existing budgets. That option is out. We know how we will pay for this; they do not. They have not told us; they should certainly support what we propose.