Cutting crime: the case for justice reinvestment - Justice Committee Contents


Examination of Witnesses (Questions 560 - 579)

TUESDAY 16 DECEMBER 2008

RT HON DAVID HANSON MP AND MR ALAN CAMPBELL MP

  Q560  Chairman: Mr Hanson and Mr Campbell, welcome. We are all giving our apologies for the justice statement later this afternoon, and I know that these things are not entirely within the control of the Department either, the kind of role in which Mr Campbell used to operate before recently becoming a minister, but we are pleased to note that an important recommendation the Committee made in its earlier guise about transparency and the family courts has effectively been accepted by the Government with appropriate conditions to safeguard privacy and the families involved, and we very much welcome that. We are very glad to have you both here, and in fact ideally we would have a couple more departments as well because we are trying to look at the money we spend on criminal justice and crime, whether we are spending it in the most effective places and whether we have got the mechanism available to decide to spend it in the best possible places. Now, you did pretty well with the Treasury; you actually persuaded them to give you a very large commitment to build three titan prisons. How is it you can manage that, yet you cannot get quite small sums out of them for things like Custody Plus which are known to reduce re-offending?

  Mr Hanson: Well, we have had a commitment, Sir Alan, from the Treasury for the first titan, the capital costs only, which is in the region of about £350 million, and we have to bid in future spending rounds for future commitments against that capital expenditure for future titans, although we have an understanding that that will be the case. We also have to look within our settlements in the future as to how much that will cost in terms of the running costs for those prisons and within the whole total settlement we have got something like, in my Department, in NOMS, around £4 billion which I currently have to examine the expenditure on a range of issues, including probation and prisons and the Reducing Re-offending agenda. On the Custody Plus issue, obviously we did have the agreement in the 2003-04 Custody Plus and, as yet, we have not looked at implementing that for financial reasons because we have looked at how we can deal with spending in other areas.

  Q561  Chairman: But here is something which you know works and you cannot get money for that out of the Treasury, yet something which is very expensive on which there is enough controversy for you to have deferred your response to your own consultation, and I am not complaining about that, it is a good thing, it needs some more thought, but how come you did so well with the Treasury on what you cannot prove and not very well on things you can prove?

  Mr Hanson: Well, we have had to look at the demand for prison places over the next five or six years and we have looked at that demand in very great detail, and I know you have had discussions with colleagues from the Ministry about that issue. What we have tried to do is to examine how we provide the extra places that we require and, whatever our arguments about the greater use of community sentences, of which I am a great advocate, and our arguments about reducing re-offending and investing in people and preventing offending for those who go through the system, our estimate is that we will need additional prison places, around about 96,000, by 2013-14. That 96,000 is obviously 12,000 to 13,000 more than our current 83,000-84,000 places which we have got currently and how we have decided to both modernise the estate and build new places is through the provision of larger-scale prisons for two reasons: first of all, for a more efficient way of providing those prisons; and, secondly, to look at how we modernise the estate and provide capacity closer to home for people who are currently dispersed across the country at large. This is why we have chosen the North West, the Midlands and London as our potential sites.

  Q562  Julie Morgan: Is the proposal to build the titan prisons still economically viable in the present situation?

  Mr Hanson: Well, we think it is because again I think there has been some misunderstanding around the concept of titan prisons. We are looking at the availability of the potential cluster-type prison where we will have within one site a number of particular units which provide specialist services for particular types of prisoner, and what we can do is bring together a number of the educational interventions, a number of the drug interventions and a number of cost-reduction measures in a much more efficient way with that model than we could do potentially by building for 7,500 places and, let us say, something like 30,500-place units instead.

  Q563  Julie Morgan: When will the actual timetable for the building be available?

  Mr Hanson: Well, as the Chairman has indicated, we have had a consultation on design issues over the past few months. I am expecting to report the results of that consultation some time early in the new year because we did have a considerable amount of interest in the titan proposals. On the current proposals, we are hoping, subject to the consultation, that we would make an announcement with regard to the first potential titan site, and we have the capital for that at around £350 million, and that we would be announcing that after the consultation response has been announced, but obviously we are still working through that and that is one of the reasons, as the Chairman has indicated, that we have put the consultation response back until the early new year. Post that consultation response, we will be evaluating the first titan site and, I hope, announcing a site very early on because there is obviously a lead-in time between announcement and delivery of a site which is a considerable lead-in time of potentially three and a half to four years.

  Q564  Julie Morgan: It has already been mentioned, the big problem of re-offending, where I think 46% of offenders sentenced to custody will already have had three or more custodial sentences. How will investing in these extra prison places actually address the re-offending issue?

  Mr Hanson: Well, obviously within the titan prison, as with any new prison build that we are undertaking shortly, there will be regimes in place to look at offending behaviour and reducing re-offending. That is constant through our existing prison estate and it will be a factor and feature of the new prison build places that we put in place. I am anxious to look at how we use prison, but also how we use other forms of sentences as well, so I have now in place targets to reduce re-offending by 10% over the next three years, and that will be a mixture of work done in prison, but also done in the community and marrying the two up together. In relation to the particular issue of titan prisons, they will be no different from other prisons in the regimes that we put in place and when we try to look at how we deal with those people who come to us to make sure that we reduce their offending on leaving prison, whatever time that is.

  Q565  Julie Morgan: Post-2014, do you see the need for more prison places after that or is that your limit?

  Mr Hanson: Well, we monitor it constantly not just on an annual basis, but even on a monthly and weekly basis. Our estimate is that 96,000 places by 2013-14 is what we expect we will need because, for good or for evil, more people are being caught, sentences are longer and we have got more serious, dangerous and violent offenders serving longer sentences. Last year alone, the number of people sentenced to life imprisonment rose by 5%, the population in prison, so we are finding that growth in the system and what we have to do is to manage that growth while at the same time, I think and I hope, sharing some of the objectives of the Committee and those who have been before you which is to take out of the criminal justice system and out of prison those people for whom prison is not an appropriate place or a place where they are not helped to prevent their re-offending, and that means for me personally some women, some people with mental health issues and some people who are serving currently under-12-month sentences.

  Q566  Julie Morgan: With women, how much do you think the prison population can be reduced?

  Mr Hanson: Well, obviously myself and my colleague, Maria Eagle, are constantly looking at that. Maria Eagle, the Parliamentary Under-Secretary, put a written ministerial statement in last week about progress on the Corston Review. We currently have around 4,000 women in prison. That figure is slightly less than it was this time last year, and I believe we can reduce it still further because there are two issues particularly with women that I want to draw to the Committee's attention. There are a lot of women on remand who, at the end of their remand, are either not convicted or are sentenced to a period which covers their remand and then leave prison, and there are a lot of women for whom, in my view again, the community-based sentence could be more appropriate. In the written ministerial statement last week, Maria Eagle announced that we would be looking in the new year at some further diversion schemes and putting new resources into that, and I hope again before the end of this financial year that further announcements will be made on that.

  Q567  Julie Morgan: Is there a danger that, by putting so much money into the physical prison places, you are not going to be able to put so much into that sort of thing?

  Mr Hanson: Well, we have to balance it all the time and again this year the budget for my area of responsibility, the National Offender Management Service, is around £4 billion. Just under £1 billion of it, £914-15 million, is for probation services and the rest is spent on what we do in prison and, within that, there is a large chunk of money spent on what we do in terms of tackling the causes of offending related to drugs, education, literacy, numeracy, alcohol and employment and training. What I need to do is to utilise that budget very well and imaginatively and also, as we are trying to do, bring in other sources of money from the Third Sector and from business to help meet some of our objectives.

  Q568  Chairman: As a supplementary estimate, there is a 28% reduction over-estimate in the NOMS budget, there is as 13% increase in the public sector prison expenditure and a 66% increase in the private sector prison expenditure. Is this a process of transfer of activity into prisons from elsewhere or is it all to do with the same people sitting at the same desk, but now being badged to a different bit of the service?

  Mr Hanson: What we have tried to do and what we are trying to do is to make significant savings next year and to look at the budget for next year, and we are still in the process, Sir Alan, of completing that consideration. What we are trying to do with the formation of the National Offender Management Service, in its current form, is we are targeting reducing bureaucracy across the board at a regional and head office level, ensuring that we try to protect the front line both in terms of what we do in probation and in terms of prison and to reduce the duplication that will exist in management structures between the two. Next year, I have to try to find £150 million from our budget, which is a significant sum, and doing that by looking at the very savings I have mentioned in regional and national offices rather than headquarters staff. I am very anxious to try to continue to do work on community-based activities, on prevention, on re-offending for people who go through probation and the community, but at the same time I have also to look at funding the cost of additional prison places in revenue costs, and we have got 4,000 extra places this year which all have a revenue cost, and we have to look at what we do with people in prison in a much more effective way than we have done in the past to change their behaviour, and that has a cost as well.

  Chairman: We will be putting in some detailed queries aimed at some of the points I have just made to you.

  Q569  Alun Michael: You have made it sound very difficult, David. Is it not the fact that how you do that has to see more going in to building up the confidence in community sentences because, otherwise, your aspiration to reduce the number in prison and to increase the effectiveness of the work with people in prison is not going to be attainable?

  Mr Hanson: Absolutely. The key thing for me, and what I have been trying to do over the past 18 months I have had this job, is to increase confidence in community-based sentences because I know that for a certain section of the offending community they work better in preventing re-offending than does a short-term prison sentence. Now, to do that I have to really tackle three or four key areas. One is public confidence. We are all Members of Parliament, we all know that we have to face our electorate and they have to have confidence that it is a real punishment, but that it is also an effective punishment, so we have been trying to raise awareness of the effectiveness of community sentences with the public. I need to do that with the sentencers because they need to know that there is effective community sentencing and that it will be used in a proper and effective way, and that is why earlier this year we allocated an additional £40 million to develop work with sentencers in terms of confidence. I have to ultimately make sure that, when someone is sentenced to a sentence, they have it available, they have it available quickly and that, when they go on it, they complete it, and there has been a lack of confidence, if I am honest, in the past about all three of those particular issues. I have been trying to increase the public confidence, increase the capability to deliver and at the same time increase sentencer awareness of the options open because, as you will know, Mr Michael, from previous incarnations, the 12 2003 community-based sentences are not used, in my view, to the extent that they should be.

  Q570  Alun Michael: That is true and one of the things that you might like to look at is the effectiveness of getting sentencers, particularly judges, out to see community sentences so that they have a greater understanding of where they are sending. What I wanted to just probe with you is the question of effectiveness because the Sentencing Commission Working Group explicitly did not review sentencing policy or the cost-effectiveness of sentencing. Would it not be sensible to be focusing on what we are always told that the public want and what also victims have said they want, which is the reduction of re-offending? I think it was put rather well by the Victim Support Group who said that, other than for the offence not having happened in the first place, what people want is for it not to happen again, and, therefore, the reduction of re-offending is key, is it not, in terms of determining the cost-effectiveness of sentences, so should not more be done to measure and compare the cost-effectiveness in those terms?

  Mr Hanson: Absolutely, I agree, and we have figures, which again I can share with the Committee outside of this meeting if the Committee wishes, about what our assessment is of the effectiveness of community sentences versus custodial sentences, particularly, but not only, for the under-12-month group. Self-evidently, Mr Michael, if I sentence an individual to two months in prison, the chances are they may lose their home, in the time they have in prison they may not have the interventions required, they may lose any employment they have got and there may be family problems. On a community-based sentence, those problems will not necessarily exist and that will help prevent them from re-offending again.

  Q571  Alun Michael: I would accept that, but one of the problems which has been identified to the Committee is that data which would enable the effectiveness of sentencing to be measured are not collected systematically. Would you accept that there is a need to improve the collection of data in order to be able to examine the cost-effectiveness of different sentences, which you may clearly want to do, and that it is able to happen much more effectively?

  Mr Hanson: I think it is a very valid point because again one of the factors that I have looked at as Minister when I have asked the question, "How do we know down the line that this works more effectively?", it is very anecdotal, but the figures do show that it does work, and I would certainly welcome potentially again the Committee considering those recommendations along those lines for me to consider because it would be very useful. On one further point, if I may, Mr Michael, you did mention sentencer confidence, and only last week I announced a further £40,000 grant to the local community sentencers organisation, which is made up of sentencers who are meeting with magistrates and judges to promote community sentences in a very effective way, and Baroness Linklater and others have been involved in that, and I gave £40,000 at the beginning of the year and an additional £40,000 this year for that very purpose.

  Q572  Alun Michael: If I can say one additional sentence on that, I think that is the work that was funded by the Esmée Fairbairn Foundation.

  Mr Hanson: That is right, yes.

  Q573  Alun Michael: I found it quite telling. The only thing is that they have not gone to the extra stage of evaluating whether sentencers changed their practices really as a result of the experience of being taken out and made to smell the coffee, and it does seem to be in all our interests for that evaluation to take place, whether it is funded from the sector that did the research or from the Department.

  Mr Hanson: It is not scientific, but, when we gave the £40 million this year and when we invested the £40,000 in the LCCS, since we have done that, the amount of custodial sentences have decreased and the amount of community sentences have increased. Now, whether or not there is a cause and effect is something that our statisticians are going to have to look at in detail, but I have had less pressure on prison places since we have invested that resource and more use of community-based sentences, and I am trying still further to spread the message about the need for community-based sentences, particularly for the under-12-month group.

  Q574  Dr Whitehead: We have taken a lot of evidence in this inquiry and we have reflected in the inquiry on, among other things, the desire for a national debate around resources and publicly desirable levels of prisons set out, among other things, by the Secretary of State and also by Lord Carter in his review. In reality, it appears that the scope for a debate is very limited and one of our witnesses said that there is a feeling that too much of the system is being driven by political fancy rather than grounded in the real concerns and realities of what front-line staff in the prison or probation environment deal with. He went on to say that the whole question of cost-effectiveness, value and outcome are more crucial and are missing often from the discussion about what should be done, and he finished off by saying that too often the rhetoric is just punishment. Do you agree with the statement of that witness, that there is that narrow scope for a debate, or is what you have said about the need to build confidence in the community sentences something which adds to that debate or is it indeed debatable currently?

  Mr Hanson: The whole focus of what the Justice Secretary and myself have been trying to do in the last 18 months is to focus the debate around punishment, but also around reform and rehabilitation. I actually think that we need to have an element of punishment and a visible element of punishment in order to be able to have the debate with the public and the world at large about reform and rehabilitation. I think you, Sir Alan, at the beginning mentioned that what most people want out of the system is for people not to have further crimes committed, and what we need to do for the people who go into prison or who are on community sentences, the vast majority are going to be reintegrated back into society at some point, so we need to use both the community sentence and the experience of prison to help support people not to commit further offences and to do so in a way which deprives them of their liberty, deprives them of very important family contacts and occasions in a way that myself and other Members would find very difficult, and deprives them of their liberty at large, but at the same time then hopefully, in their period of incarceration particularly, looks at their literacy, their numeracy, their employability, their problems with drugs or alcohol, their problems with potentially mental health issues and others and tries to focus the interventions on them to make them better people when they come out of prison. Now, again that is very difficult at times because we are dealing very often with some very damaged individuals for whom the problems may well have started in childhood or in early youth, so we need to deal with those issues in an effective way. The re-offending rates for prison are still too high and we need to keep evaluating that, but I am consistently looking at how I can better raise literacy, raise numeracy, get employment, tackle drugs, tackle alcohol and deal with mental health issues, and the stream of work we have got now on all those things is designed to try to improve the experience and outcomes for people when in our system.

  Q575  Dr Whitehead: That relates to what happens when people come out of prison, and another issue of course is whether they should be there, particularly in short sentences, in the first place and whether that perhaps in fact militates against some of those desirable outcomes that you have suggested, but also the fact that the media are, I think it is fair to say, fairly constantly enjoining the Government and whoever else may listen to bang people up for often as long as possible, and that indeed it has been suggested that political parties themselves perhaps are engaged in an out-toughing drive in relation to criminal justice policy. Do you think that maybe there are—

  Mr Hanson: Well, actually there is an element, and there always will be, of competitiveness between all the parties about being tough on crime and tough on the causes of crime and those issues, but I think underneath it all there is still an element of agreement, having had 18-19 months in this post, where I can say genuinely that on some issues on rehabilitation I share some very similar views to some of the Members of the Opposition Front Bench, but I will not name them in case it embarrasses them, and I can say the same with colleagues when Mr Heath was on the Front Bench of the Liberal Democrats and other colleagues were there as well. There are common themes that we need to tackle, literacy, numeracy, drugs, employment, and we need to do that not just for people in prison, but we also need to identify issues before people come into the system in an effective way. That is why again with the Youth Crime Action Plan we have tried to look at early intervention, help and support to parents, diversion from the serious end of the criminal justice system as far as possible, and those issues, I think, do have some common agenda. Now, we do that common agenda against the background that there are still serious issues between the parties about how we use prisons and the extent to which we use prisons and there is always a constant debate with the world at large, the public and the media, about these issues. The Committee may or may not know, but I am currently engaged on an around-Britain roadshow trying to promote community sentences. I was in Newcastle last Thursday meeting with the public, engaging with them about why we should be using community sentences much more, and I did the same in Manchester earlier this year and I have two more meetings planned in Birmingham and in Cardiff very shortly. We are trying to engage with the public because I need permission from the public and from the world to make the case for those sentences by still being very strong on punishment as well as on reform.

  Q576  Chairman: Is it all the Home Office's fault, that of successive Home Secretaries?

  Mr Campbell: I am sure it is not! Where I would strongly disagree with Dr Whitehead is where the term "political fancy" was used in your earlier question because I think that does not do service to the very real reform which we are trying to bring in often at a community level in order to address some of those issues before people end up in the criminal justice system. For example, one of the strong driving forces in what we are trying to do, particularly in our reform of CDRPs—

  Q577  Chairman: Perhaps you could spell that out for those who do not know.

  Mr Campbell: Crime and disorder reduction partnerships. It is to acknowledge that many of these issues are best addressed at a local level and, to some extent, the Home Office is, therefore, stepping back from what has been perceived as a centrally target-driven approach which might lend itself to some of the criticism that we talked about. It also ignores, I think, another important trend in what we are doing which is the targeting of offenders. You might think that this was always the case, but, alas, it was not so. I think through identifying persistent offenders and putting in place not only the resources, but the tactics to address their needs and also their proclivities to re-offend, I think, there are some serious pillars in what we are doing, but in the context of the wider debate, I think, we have got to be very careful that this is not just a professional debate and that we make sure that the public are involved in that. If you look at the Ministry of Justice 2007 survey when they asked victims of non-violent crime what they wanted to see in a sentence, it was interesting that number one was punishment, number two was payback and number three was rehabilitation. We have to, as Mr Hanson has said, take the public with us on that and we have to address the issues which the Casey Review found, that a small minority of people believe that the criminal justice system is on the side of the victim, but a big majority think it is on the side of the offender, so we cannot really have this debate and discussion unless we take the public with us.

  Q578  Dr Whitehead: But there are perhaps different ways of doing that. You could, on the one hand, say, "Well, we've got to start from the point of where the public are", and we then have a debate about perhaps the cost-benefit of prison sentences and an analysis of the total costs of the criminal justice system, or one could take the step of, say, deciding that penal policy should have the equivalent of a Monetary Policy Committee attached to it, that it should be taken out of the political arena for independent judgment. If you were offered those two routes forward in terms of public debate which, I think you agree, is necessary, which one might you take?

  Mr Hanson: Ultimately, I believe, and this may be an old-fashioned view, that politicians are elected to take decisions to be accountable, to lead public opinion and to be judged by it and at some point, if I make a mistake and I do something wrong and the press give me a good doing over and the public do not like it, they can throw me out. I think there is an argument on interest rates, I can see the argument to take that out of the political discussion, but I actually think that with the debate that we have got, in the areas where we agree, we can agree, and the areas where we disagree, we will draw swords and have an argument about it, and I think that is perfectly legitimate and ultimately the public will judge us. I think I can, as I am trying to do now, make a case that a community-based sentence for some people is a better way to prevent their re-offending than a short-term prison sentence, and I will happily take that case to the public and argue it. I will have different opinions in my own party and in the opposition party about the merits of that, but ultimately we have to make those judgments, and that is what, I think, politicians are elected to do.

  Mr Campbell: I am confident that we could have that debate. I think sometimes the knee-jerk reaction of members of the public or, if you read some of the knee-jerk reactions in the media, they are one thing, but I think we can go beyond cost-benefit analysis, important though it is, because I think the public will be willing to have that discussion and debate only, however, if they believe that we are addressing their priorities, that the changes are in place in their local communities so that they can not only have a say, but they can perhaps have a role to play in the direction of resources and the direction of policy in that area and also if it is based on the reality of what is happening in their local communities and not simply the perception of what is happening in their local communities where unfortunately, I think, the media sometimes plays a role between those two things.

  Mr Hanson: In my constituency, Dr Whitehead, like many other constituencies, crime is down, crime has fallen quite considerably, maybe by 30% in the last 10 or 11 years, yet the front page of one local paper with one incident, one particular crime, can raise the fear of crime quite considerably, so it is about not just what we do, but it is about the perception and it is about how we build confidence in that and how we actually, through the police and the criminal justice system, make people know that the system is a public service, that it is on their side, that it is there to support them and it is there to make sure that justice is done, and that means that all the things we do are visible, which is why we are looking at visibility more in our side of the business and Mr Campbell and colleagues are doing the same on the policing side.

  Q579  Mr Tyrie: I agree with a very great deal of what you have just said. I just wonder whether we are so used to blaming the media, but are the media not largely reflecting a public view which really exists?

  Mr Hanson: I think the media have two roles. One is that there is genuinely a fascination about criminal justice matters in the public. People like to know about, have an interest in and read articles about some of the big criminal cases that occur, and the media have a job to do in that and sometimes it varies in its sensationalism, but they have a job to report on that. I think, secondly, the media themselves can lead opinion and reflect opinion, but, interestingly, when we produced a DVD in-house, called You are the judge, and we put it to schools and to colleges, the public very often were in exactly the right place when they had been through a sentencing process as were either the judge or the magistrates and sometimes were even giving a lower sentence than the judge or magistrates, so I think there is a split personality. The media do report on things that the public are interested in and they do reflect genuine concerns sometimes at sentences and they also lead opinion, but I actually think that the public themselves can be in a different place if the issues are explained to them in a constructive and positive way.

  Mr Campbell: I agree with Mr Tyrie actually and I do not believe that the media can simply create issues. They may be able to exaggerate it or underestimate it, but I do not think that they can actually create something which is not in the public psyche and which the public do not recognise in their particular area. I think one of the interesting things about the Casey Review was a recognition that there is a thirst for information in communities about what is happening, about the level of crime, but also what is being done to tackle it and also, very importantly, feedback on what happens to the people who have been caught and, whilst they do get information from newspapers, newspapers actually come fairly low down in their level of trust. What they want is fairly simple and straightforward information from sources that they do trust, not least the police, to say, "Yes, this is the true picture of what's happening. Yes, we caught someone and this is what happened to them", and I think that is going to be a very important trend in the future.

  Alun Michael: I think it is very interesting, the way this conversation is developing, because you referred to the public, by and large, when given the opportunity, on the one hand, saying that sentences are not high enough and then at the same time, when given the opportunity to make a judgment, coming to a judgment that is fairly similar to that which is reached by the criminal justice system. Now, that is how you deal with offenders once they are at that point, but I wonder if you can go a step beyond that. You referred to crime coming down in your own area, Mr Hanson, and the thing that concerns me slightly is the question of whether we are not losing the methodology of driving that. We had evidence, for instance, as it happens, from Cardiff, from Professor John Shepherd talking about the violence reduction approach which succeeded because it clinically examined what was happening, why violence was taking place, and then it led to a targeted approach. Mr Campbell referred to leaving it more to local areas to determine what priorities there are in terms of crime reduction partnerships and so on. The thing that concerns me is that that works if it is driven by a methodology that makes sure that the local partnership is focusing on the reality of the local experience, the offences that are actually happening, rather than getting sort of caught up in a mish-mash of trying to give generalised public reassurance. Would you agree that, just as there is a need for evidence on what works, which we spoke about a few minutes ago, there is a need for a methodology to effectively ensure that those local judgments, which have to be local because that is where the problems are, are actually properly driven by an adequate and scientific analysis of what the problem is in order to address it properly?

  Chairman: It would be hard not to say yes to that, would it not!

  Mr Turner: Just say, "Yes. Next question?"


 
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