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,

14 Jan 2014 : Column 773

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 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 by 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.

Jenny Chapman: The Minister talks of paying for the reform. We worked out that we could not afford it at the time, but he has not presented a single bit of evidence to show that he can afford it: we have been presented with no costings whatsoever.

Jeremy Wright: I have already explained to the hon. Lady that one of the commercial realities is that we do not disclose such information to those who we hope will bid under the amount concerned, because we want a better deal for the taxpayer. We are very interested in getting a good deal for the taxpayer, and we think that this is the way in which to do it.

The last Government intended to introduce these measures within existing budgets and without contracting out. The hon. Lady opposes contracting out, but we say that that is the way to pay for it. What does the hon. Lady say is the way to pay for it? Or is this, once again, the sort of opportunistic opposition that says “We like the idea, but we do not really want to do it”? I remember—and perhaps the hon. Lady does as well— that on Second Reading the shadow Secretary of State for Justice, the right hon. Member for Tooting (Sadiq Khan), said that if we will the ends, it is very important to will the means. It does not seem to me that the Labour party has done any of that since his Second Reading speech.

By my count, we have engaged in 21 hours of parliamentary debate, and there have been three votes on the principle of our reforms. Opposition Members

14 Jan 2014 : Column 774

lost every one of those votes, and they still ask for more parliamentary debate. I wonder how much more of it they feel that they need in order to be persuaded of something that they supported, and legislated for, when they were in government. Now, for reasons of sheer opportunism, they wish to walk away from, and leave abandoned, the victims and potential victims of crime whom our proposals would help.

Question put, That the clause be read a Second time.

The House divided:

Ayes 247, Noes 313.

Division No. 176]

[

4.6 pm

AYES

Abbott, Ms Diane

Abrahams, Debbie

Ainsworth, rh Mr Bob

Alexander, rh Mr Douglas

Alexander, Heidi

Ali, Rushanara

Allen, Mr Graham

Anderson, Mr David

Ashworth, Jonathan

Austin, Ian

Bailey, Mr Adrian

Bain, Mr William

Balls, rh Ed

Barron, rh Kevin

Bayley, Hugh

Beckett, rh Margaret

Begg, Dame Anne

Benn, rh Hilary

Benton, Mr Joe

Berger, Luciana

Betts, Mr Clive

Blackman-Woods, Roberta

Blears, rh Hazel

Blenkinsop, Tom

Blomfield, Paul

Blunkett, rh Mr David

Bradshaw, rh Mr Ben

Brennan, Kevin

Brown, rh Mr Gordon

Brown, Lyn

Brown, rh Mr Nicholas

Brown, Mr Russell

Bryant, Chris

Buck, Ms Karen

Burden, Richard

Burnham, rh Andy

Byrne, rh Mr Liam

Campbell, Mr Alan

Campbell, Mr Ronnie

Caton, Martin

Champion, Sarah

Chapman, Jenny

Clark, Katy

Clarke, rh Mr Tom

Coaker, Vernon

Coffey, Ann

Connarty, Michael

Cooper, Rosie

Cooper, rh Yvette

Corbyn, Jeremy

Crausby, Mr David

Creagh, Mary

Creasy, Stella

Cruddas, Jon

Cryer, John

Cunningham, Alex

Cunningham, Mr Jim

Cunningham, Sir Tony

Curran, Margaret

Danczuk, Simon

David, Wayne

Davidson, Mr Ian

Davies, Geraint

De Piero, Gloria

Denham, rh Mr John

Dobbin, Jim

Docherty, Thomas

Dodds, rh Mr Nigel

Donaldson, rh Mr Jeffrey M.

Donohoe, Mr Brian H.

Doran, Mr Frank

Dugher, Michael

Durkan, Mark

Eagle, Ms Angela

Eagle, Maria

Efford, Clive

Elliott, Julie

Ellman, Mrs Louise

Esterson, Bill

Evans, Chris

Farrelly, Paul

Field, rh Mr Frank

Fitzpatrick, Jim

Flello, Robert

Flint, rh Caroline

Flynn, Paul

Francis, Dr Hywel

Gapes, Mike

Gardiner, Barry

Gilbert, Stephen

Gilmore, Sheila

Glass, Pat

Glindon, Mrs Mary

Godsiff, Mr Roger

Goodman, Helen

Greatrex, Tom

Green, Kate

Greenwood, Lilian

Griffith, Nia

Gwynne, Andrew

Hain, rh Mr Peter

Hamilton, Mr David

Hamilton, Fabian

Hanson, rh Mr David

Harman, rh Ms Harriet

Harris, Mr Tom

Harvey, Sir Nick

Havard, Mr Dai

Healey, rh John

Hendrick, Mark

Hepburn, Mr Stephen

Hermon, Lady

Heyes, David

Hillier, Meg

Hilling, Julie

Hodge, rh Margaret

Hodgson, Mrs Sharon

Hoey, Kate

Howarth, rh Mr George

Hunt, Tristram

Irranca-Davies, Huw

Jackson, Glenda

Jamieson, Cathy

Jarvis, Dan

Johnson, rh Alan

Johnson, Diana

Jones, Graham

Jones, Helen

Jones, Mr Kevan

Jones, Susan Elan

Jowell, rh Dame Tessa

Joyce, Eric

Kaufman, rh Sir Gerald

Keeley, Barbara

Kendall, Liz

Khan, rh Sadiq

Lammy, rh Mr David

Lavery, Ian

Lazarowicz, Mark

Leech, Mr John

Leslie, Chris

Lewell-Buck, Mrs Emma

Lewis, Mr Ivan

Llwyd, rh Mr Elfyn

Long, Naomi

Love, Mr Andrew

Lucas, Caroline

Lucas, Ian

Mahmood, Shabana

Malhotra, Seema

Marsden, Mr Gordon

McCabe, Steve

McCann, Mr Michael

McCarthy, Kerry

McClymont, Gregg

McCrea, Dr William

McDonald, Andy

McDonnell, John

McFadden, rh Mr Pat

McGovern, Alison

McGuire, rh Mrs Anne

McKechin, Ann

McKenzie, Mr Iain

McKinnell, Catherine

Meacher, rh Mr Michael

Meale, Sir Alan

Mearns, Ian

Miliband, rh Edward

Miller, Andrew

Mitchell, Austin

Moon, Mrs Madeleine

Morden, Jessica

Morrice, Graeme

(Livingston)

Morris, Grahame M.

(Easington)

Munn, Meg

Murphy, rh Mr Jim

Murphy, rh Paul

Murray, Ian

Nandy, Lisa

Nash, Pamela

O'Donnell, Fiona

Onwurah, Chi

Osborne, Sandra

Owen, Albert

Pearce, Teresa

Perkins, Toby

Pound, Stephen

Powell, Lucy

Raynsford, rh Mr Nick

Reed, Mr Jamie

Reed, Mr Steve

Reeves, Rachel

Reynolds, Emma

Reynolds, Jonathan

Riordan, Mrs Linda

Ritchie, Ms Margaret

Rotheram, Steve

Roy, Mr Frank

Roy, Lindsay

Ruane, Chris

Ruddock, rh Dame Joan

Sanders, Mr Adrian

Sarwar, Anas

Sawford, Andy

Seabeck, Alison

Shannon, Jim

Sharma, Mr Virendra

Sheerman, Mr Barry

Sheridan, Jim

Shuker, Gavin

Simpson, David

Skinner, Mr Dennis

Slaughter, Mr Andy

Smith, rh Mr Andrew

Smith, Angela

Smith, Nick

Smith, Owen

Spellar, rh Mr John

Straw, rh Mr Jack

Stringer, Graham

Stuart, Ms Gisela

Sutcliffe, Mr Gerry

Swales, Ian

Tami, Mark

Thomas, Mr Gareth

Thornberry, Emily

Timms, rh Stephen

Trickett, Jon

Turner, Karl

Twigg, Derek

Twigg, Stephen

Vaz, rh Keith

Vaz, Valerie

Walley, Joan

Watson, Mr Tom

Watts, Mr Dave

Whitehead, Dr Alan

Williams, Mr Mark

Williams, Roger

Williamson, Chris

Wilson, Phil

Winnick, Mr David

Winterton, rh Ms Rosie

Wood, Mike

Woodcock, John

Wright, David

Wright, Mr Iain

Tellers for the Ayes:

Bridget Phillipson

and

Nic Dakin

NOES

Adams, Nigel

Afriyie, Adam

Aldous, Peter

Amess, Mr David

Andrew, Stuart

Arbuthnot, rh Mr James

Bacon, Mr Richard

Baker, Norman

Baker, Steve

Baldry, rh Sir Tony

Baldwin, Harriett

Barclay, Stephen

Barker, rh Gregory

Baron, Mr John

Bebb, Guto

Beith, rh Sir Alan

Bellingham, Mr Henry

Benyon, Richard

Beresford, Sir Paul

Berry, Jake

Bingham, Andrew

Binley, Mr Brian

Blackman, Bob

Blackwood, Nicola

Boles, Nick

Bone, Mr Peter

Bottomley, Sir Peter

Brady, Mr Graham

Brake, rh Tom

Bray, Angie

Brazier, Mr Julian

Bridgen, Andrew

Brine, Steve

Brokenshire, James

Brooke, Annette

Browne, Mr Jeremy

Bruce, Fiona

Bruce, rh Sir Malcolm

Buckland, Mr Robert

Burley, Mr Aidan

Burns, Conor

Burns, rh Mr Simon

Burrowes, Mr David

Burstow, rh Paul

Burt, rh Alistair

Burt, Lorely

Byles, Dan

Cable, rh Vince

Cairns, Alun

Cameron, rh Mr David

Campbell, rh Sir Menzies

Carmichael, rh Mr Alistair

Carswell, Mr Douglas

Cash, Mr William

Chishti, Rehman

Chope, Mr Christopher

Clappison, Mr James

Clifton-Brown, Geoffrey

Coffey, Dr Thérèse

Collins, Damian

Colvile, Oliver

Crabb, Stephen

Crockart, Mike

Crouch, Tracey

Davey, rh Mr Edward

Davies, David T. C.

(Monmouth)

Davies, Glyn

Davies, Philip

Davis, rh Mr David

de Bois, Nick

Dinenage, Caroline

Djanogly, Mr Jonathan

Dorrell, rh Mr Stephen

Doyle-Price, Jackie

Drax, Richard

Duddridge, James

Duncan Smith, rh Mr Iain

Dunne, Mr Philip

Ellis, Michael

Ellison, Jane

Ellwood, Mr Tobias

Elphicke, Charlie

Eustice, George

Evans, Graham

Evans, Jonathan

Evans, Mr Nigel

Evennett, Mr David

Fabricant, Michael

Fallon, rh Michael

Farron, Tim

Featherstone, Lynne

Field, Mark

Foster, rh Mr Don

Fox, rh Dr Liam

Francois, rh Mr Mark

Freeman, George

Freer, Mike

Fuller, Richard

Gale, Sir Roger

Garnier, Sir Edward

Garnier, Mark

Gauke, Mr David

George, Andrew

Gibb, Mr Nick

Gillan, rh Mrs Cheryl

Glen, John

Goldsmith, Zac

Goodwill, Mr Robert

Gove, rh Michael

Graham, Richard

Grant, Mrs Helen

Grayling, rh Chris

Green, rh Damian

Grieve, rh Mr Dominic

Griffiths, Andrew

Gummer, Ben

Gyimah, Mr Sam

Halfon, Robert

Hammond, rh Mr Philip

Hammond, Stephen

Hands, Greg

Harper, Mr Mark

Harrington, Richard

Harris, Rebecca

Hart, Simon

Haselhurst, rh Sir Alan

Hayes, rh Mr John

Heald, Oliver

Heath, Mr David

Heaton-Harris, Chris

Hemming, John

Henderson, Gordon

Hendry, Charles

Herbert, rh Nick

Hinds, Damian

Hoban, Mr Mark

Hollingbery, George

Hollobone, Mr Philip

Hopkins, Kris

Howarth, Sir Gerald

Howell, John

Hughes, rh Simon

Hunt, rh Mr Jeremy

Hunter, Mark

Huppert, Dr Julian

Hurd, Mr Nick

Jackson, Mr Stewart

James, Margot

Javid, Sajid

Jenkin, Mr Bernard

Johnson, Gareth

Johnson, Joseph

Jones, Andrew

Jones, rh Mr David

Jones, Mr Marcus

Kawczynski, Daniel

Kelly, Chris

Kennedy, rh Mr Charles

Kirby, Simon

Knight, rh Sir Greg

Kwarteng, Kwasi

Lamb, Norman

Lancaster, Mark

Lansley, rh Mr Andrew

Latham, Pauline

Laws, rh Mr David

Leadsom, Andrea

Lee, Dr Phillip

Lefroy, Jeremy

Leigh, Sir Edward

Leslie, Charlotte

Letwin, rh Mr Oliver

Lewis, Brandon

Lidington, rh Mr David

Lilley, rh Mr Peter

Lloyd, Stephen

Lord, Jonathan

Loughton, Tim

Lumley, Karen

Main, Mrs Anne

Maude, rh Mr Francis

Maynard, Paul

McCartney, Jason

McCartney, Karl

McIntosh, Miss Anne

McLoughlin, rh Mr Patrick

McPartland, Stephen

McVey, Esther

Menzies, Mark

Metcalfe, Stephen

Miller, rh Maria

Mills, Nigel

Milton, Anne

Mitchell, rh Mr Andrew

Moore, rh Michael

Mordaunt, Penny

Morgan, Nicky

Morris, Anne Marie

Morris, David

Morris, James

Mosley, Stephen

Mowat, David

Mulholland, Greg

Mundell, rh David

Munt, Tessa

Murray, Sheryll

Murrison, Dr Andrew

Neill, Robert

Newmark, Mr Brooks

Newton, Sarah

Nokes, Caroline

Norman, Jesse

Nuttall, Mr David

O'Brien, rh Mr Stephen

Offord, Dr Matthew

Ollerenshaw, Eric

Opperman, Guy

Ottaway, rh Sir Richard

Paice, rh Sir James

Parish, Neil

Patel, Priti

Paterson, rh Mr Owen

Pawsey, Mark

Penning, Mike

Penrose, John

Percy, Andrew

Phillips, Stephen

Pickles, rh Mr Eric

Pincher, Christopher

Poulter, Dr Daniel

Prisk, Mr Mark

Pugh, John

Raab, Mr Dominic

Randall, rh Sir John

Reckless, Mark

Redwood, rh Mr John

Rees-Mogg, Jacob

Reid, Mr Alan

Rifkind, rh Sir Malcolm

Robathan, rh Mr Andrew

Robertson, Mr Laurence

Rogerson, Dan

Rosindell, Andrew

Rudd, Amber

Ruffley, Mr David

Russell, Sir Bob

Rutley, David

Sandys, Laura

Scott, Mr Lee

Selous, Andrew

Sharma, Alok

Shelbrooke, Alec

Shepherd, Sir Richard

Simpson, Mr Keith

Skidmore, Chris

Smith, Chloe

Smith, Henry

Smith, Julian

Smith, Sir Robert

Soubry, Anna

Spencer, Mr Mark

Stanley, rh Sir John

Stephenson, Andrew

Stevenson, John

Stewart, Iain

Stewart, Rory

Streeter, Mr Gary

Stride, Mel

Stuart, Mr Graham

Stunell, rh Sir Andrew

Sturdy, Julian

Swayne, rh Mr Desmond

Swire, rh Mr Hugo

Syms, Mr Robert

Tapsell, rh Sir Peter

Thornton, Mike

Thurso, John

Timpson, Mr Edward

Tomlinson, Justin

Tredinnick, David

Truss, Elizabeth

Turner, Mr Andrew

Tyrie, Mr Andrew

Uppal, Paul

Vaizey, Mr Edward

Vara, Mr Shailesh

Vickers, Martin

Villiers, rh Mrs Theresa

Walker, Mr Charles

Walker, Mr Robin

Wallace, Mr Ben

Walter, Mr Robert

Ward, Mr David

Watkinson, Dame Angela

Weatherley, Mike

Webb, Steve

Wharton, James

Wheeler, Heather

White, Chris

Whittaker, Craig

Whittingdale, Mr John

Wiggin, Bill

Willetts, rh Mr David

Williams, Stephen

Williamson, Gavin

Willott, Jenny

Wilson, Mr Rob

Wollaston, Dr Sarah

Wright, Jeremy

Wright, Simon

Yeo, Mr Tim

Young, rh Sir George

Zahawi, Nadhim

Tellers for the Noes:

Karen Bradley

and

Gavin Barwell

Question accordingly negatived.

14 Jan 2014 : Column 775

14 Jan 2014 : Column 776

14 Jan 2014 : Column 777

14 Jan 2014 : Column 778

New Clause 2

Rehabilitation of ex-service personnel

‘The Secretary of State must consult on measures to improve rehabilitation services for ex-service personnel who have been convicted of a criminal offence, and must lay a report on the findings of such a consultation before both Houses of Parliament within nine months of this Act being passed.’.—(Jenny Chapman.)

Brought up, and read the First time.

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

Mr Deputy Speaker (Mr Lindsay Hoyle): With this it will be convenient to discuss the following:

New clause 3—Veterans’ rehabilitation requirement—

‘(1) The Secretary of State must by order establish a pilot scheme enabling courts to include a veterans’ rehabilitation requirement in a community order.

(2) A veterans’ rehabilitation requirement may only be used where an offender was previously a member of HM Armed Forces.

(3) A veterans’ rehabilitation requirement must provide for the offender to be referred to a veterans’ rehabilitation panel at the start of a community order, which will put in place a rehabilitation plan for the offender.

(4) An order under subsection (1) must make provision—

(a) about the membership of veterans’ rehabilitation panels; and

(b) to allow for the requirement to be reviewed periodically by the veterans’ rehabilitation panel at intervals of not less than one month.

(5) An order under this section—

(a) shall be made by Statutory Instrument; and

(b) may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament.’.

New clause 12—Building better relationships programmes—

‘It shall be the responsibility of the National Probation Service to provide all Building better relationships rehabilitation programmes for male perpetrators of domestic violence where a court makes an order for participation. It shall also be the responsibility of the National Probation Service to provide any programmes that are deemed necessary for short-term prisoners who have been involved in domestic violence.’.

Amendment 7, page 9, line 41, leave out clause 10.

Government amendment 5.

14 Jan 2014 : Column 779

Jenny Chapman: To begin with, I shall briefly mention Government amendment 5. This welcome proposal deals with the provision of restorative justice as part of a community sentence. I observed in Committee that it had become something of a tradition in justice Bills for the Government to show support for restorative justice and for the Opposition to try to push them a little further. We duly tabled an amendment in Committee that would add restorative justice explicitly to the Bill, with the aim of encouraging its use. The Minister was supportive, assuring the Committee that he would go away and consider the amendment. On this occasion, he has not disappointed us.

There is much cross-party support for the use of restorative justice, not least because of the high satisfaction rates it has received from victims who have been offered it. We know the Government intended that restorative justice would be able to be used as part of a rehabilitation activity requirement, and the Minister has now taken care to add that explicitly to the Bill. I know that Paul Goggins, who spoke in Committee in support of this, would have been very pleased that the Minister has done so. We welcome the amendment and I thank the Minister for the care with which he considered the issue.

New clauses 2 and 3 concern the involvement of veterans in the criminal justice system and stand in the names of hon. Members from both sides of the House. These provisions deal specifically with the rehabilitation of armed forces veterans who become involved with the criminal justice system, aiming to improve the support we are able to give them. The new clauses were tabled last week, since when there has been a flurry of activity from the Government, which I will discuss shortly. I thank all hon. Members who added their names in support of these new clauses, and I am sure they will join me in paying tribute to my hon. Friend the Member for Barnsley Central (Dan Jarvis) for his work in raising awareness of the issue.

Most of us, and especially me, can hardly imagine the experiences that some of our servicemen and women deal with on a day-to-day basis, but we all know, and can appreciate, that the transition back into civilian life is not always easy. Happily, most of those who return from service will never need the particular support we are discussing today, but some will. The purpose of our proposals is to ensure that all our veterans are properly supported when they come home. Those making the move back into civilian life can face problems that include homelessness; drug and alcohol addiction; family breakdown; and mental health difficulties.

The north-east, where my constituency is, has a proportionately higher level of recruitment to the armed forces than any other region. A collaborative review of the mental health of veterans by north-east councils found that in the younger population—the under-45s—members of the ex-service community were three times more likely to suffer a mental health disorder than the general population. Some of those who fall on tough times upon their return will, unfortunately, become involved in crime or offending behaviour. As Lord Ramsbotham, president of the Veterans in Prison Association, has said, we are often talking about

“the person who has fallen on hard times through trying to come to terms with civilian life and needs particular help to enable them to re-engage.”—[Official Report, House of Lords, 11 June 2013; Vol. 745, c. 1562.]

14 Jan 2014 : Column 780

The intention of our proposal is not to let people off the hook or turn a blind eye to serious offences, but where adjustment does prove difficult, and an individual’s criminal behaviour could be linked to their military experience, we believe that those underlying problems need to be addressed to prevent further offending. The military covenant recognises that members of the armed forces, and their loved ones, can be left disadvantaged because of their service, and veterans have made a unique contribution to our country. As my hon. Friend the Member for Barnsley Central recently put it, the support we offer in return needs to extend to every area of a veteran’s life.

There are varying estimates as to the number of ex-service personnel who are in the criminal justice system. The Ministry of Defence estimates that veterans make up about 3.5% of the prison population, with a similar percentage under supervision in the community. Unfortunately, we have only estimates and unreliable data rather than a detailed understanding of the veteran population, which is an indication of how far we have to go to support those ex-service personnel who break the law.

Alison Seabeck: Does my hon. Friend accept that there was a similar problem in the GP service? People with mental health issues turned up at surgeries but were not identified as former service personnel. Clearly, ensuring that that information is available at some point in the process is important.

Jenny Chapman: It is difficult to develop policy sensibly without having the information to inform decisions. One thing we want to achieve in this debate is a commitment to gather the data that we need to make those decisions in a more structured fashion. The specific issue of rehabilitative services for veterans was first raised in debate on this Bill last summer by Members in another place. Noble Lords had taken inspiration from the United States, from which we have a lot to learn on this issue, and laid down amendments calling on the Government to establish a pilot of a so-called veterans court. Veterans courts are now quite well known in the United States, but, as yet, we have not used them here.

A veterans court is staffed entirely by ex-servicemen and women, and deals with veterans charged with non-serious offences. As it was explained in the other place, a veteran who has committed an offence can be referred from the trial court to the veterans court. Under the system, the court assigns a fellow veteran as a mentor and systematic efforts are made to help the offender deal with a range of problems with which they are struggling to cope, such as substance misuse, mental health issues, lack of housing, anger management, skills, jobs and family breakdown. Other problems can be addressed in that way. The veteran is expected to attend monthly hearings so that progress can be assessed. Failure to co-operate leads to recall by the trial court and the possibility of a custodial sentence being imposed. The reported results of the courts are extremely impressive. The state supreme court in Pennsylvania reports an average reoffending rate for courts in its counties of just 1%. In other reports, rates vary from 10% to 30%, which is substantially lower than rates for custodial sentences.

Mr Llwyd: I am interested in what the hon. Lady has to say. In 2008, I went out, as an adviser to the Howard League, to see the courts in action. The first such court

14 Jan 2014 : Column 781

in the United States was in Buffalo, New York state. Currently, eight years down the road, it still has a 0% reoffending rate, which is absolutely incredible.

Jenny Chapman: The right hon. Gentleman clearly has a great deal of experience and expertise in this area. I am heartened by what he has said, which makes the idea of veterans courts all the more compelling. Since the first court was opened, the programme has been replicated across the country, and a number of states have passed legislation providing for the state-wide establishment of such courts. One has introduced changes to allow veterans to be diverted, where appropriate, into treatment rather than prison. That is the mark of simple, systematic support that can make a life-changing difference to an individual.

New clauses 2 and 3 are the starting steps. They aim to start our catch-up with the US and other nations. New clause 3 provides for a pilot of a variation of the veterans court to be trialled in the UK. New clause 2 requires a wide-ranging consultation on the issue as a whole. Both new clauses are reasonably small asks and, if passed, would offer the chance to learn more about the particular needs of veterans and how best we can support individuals to prevent future offences.

4.30 pm

New clause 2 would provide that the Secretary of State must consult on measures to improve rehabilitation services for ex-service personnel and must lay a report on the findings before both Houses of Parliament within nine months of the Act’s being passed. The benefits of a consultation are quite clear. It will allow us to get the data, to think about the best ways of screening for veteran status and to consider the international comparisons for best practice—the list goes on. It will also give us a platform to consider some of the less straightforward issues. I do not deny that such issues exist, and we will not press either new clause to a vote this afternoon as they are complex. However, such issues include the questions of who we consider to be a veteran and how we define a veteran. A veteran can be anyone ranging from a 23-year-old injured in Afghanistan to a 90-year-old honoured for world war operations, and there are certainly differences that should be considered between a recruit who dropped out of basic training early on and a soldier who served for years. We should be more clear in our minds about exactly what a veteran is.

Pre-empting the support that I am sure such a measure would have received from both sides of the House, the Justice Secretary chose to show his support early by announcing over the weekend a review, to be led by the hon. Member for Penrith and The Border (Rory Stewart), that will consider the reasons that lead to some veterans ending up in the criminal justice system. That is clearly a welcome announcement, although I cannot help thinking that we are a bit light on detail. Does the Minister plan to make a statement as well as issuing a press release? We would be interested in a bit more detail. Notwithstanding the fact that it was the press rather than this House that was briefed on the terms of the Government’s review, I hope that the Minister will be happy to offer some assurances and a little information about the detail this afternoon.

Will the Minister assure the House that the review will consider how best to support veterans who come into contact with the criminal justice system as well as

14 Jan 2014 : Column 782

the reasons they become involved? Will he also assure the House that his review will consider international comparisons and how other nations support those who have served? Furthermore, will he tell the House how long he expects the review to last and when we can expect to hear its findings?

As new clause 2 asks no more of the Government than they are apparently already planning, am I right to think that they might be happy to accept new clause 2 and fulfil a statutory duty to consult on this specific issue through their review? I suspect, looking at the Minister, that that might be a step too far for him.

New clause 3 would provide for a veterans rehabilitation requirement to be piloted as part of a community sentence. That would act as a simple variation of a veterans court. I sometimes think that calling it a veterans court is a bit misleading, as it could just as well be called a veterans panel. The new clause would provide for a veteran who received a community sentence to be immediately referred to a veterans panel that included representatives of probation services as well as experts on veterans’ health, resettlement and rehabilitation. The panel would put in place a programme of rehabilitative support for the offender and would request to see him or her at regular intervals to check on progress. We are keen that a pilot should take place, which would not only signal a commitment to act on the issue but would begin to build up an evidence base—we like evidence bases on the Labour Benches—and experience of what works with our armed forces.

Mr David Anderson (Blaydon) (Lab): Does my hon. Friend agree that the experience in the United States shows that when such cases go through the courts the judge dictates how the person should be helped? The judge makes the point to the other key agencies that they have responsibilities to the person. For example, if the housing people or health people are failing, the judge can have a go at them. That makes things work much more effectively than saying, “Let’s just sit down and talk about this,” as it provides some direction.

Jenny Chapman: I agree with my hon. Friend, who has knowledge and expertise in this area. What he says could apply to any offender, as many of us are concerned that judges are not always as aware of the outcomes of the decisions they make as they could be. This particular idea would also help in that regard.

That might also start to make a world of difference for servicemen and women struggling to find their feet after their service to the rest of us. The Minister’s consultation is welcome, but we would like a commitment from the Government that action will be taken to trial and improve services for veterans who enter the system. As the noble Lord Beecham put it eloquently in another place,

“we should… not allow another situation to develop in which sentiments are pronounced but nothing much happens.”—[Official Report, House of Lords, 11 June 2013; Vol. 745, c. 1565.]

I thank the House once again for the wide-ranging support on the matter and look forward to the Minister’s reply. We will not press these new clauses to the vote, but I would like him to respond carefully to what we have said and give us more assurances than he has given so far on the review he has begun.

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Rory Stewart (Penrith and The Border) (Con): I wish to speak to new clauses 2 and 3. As the hon. Member for Darlington (Jenny Chapman) has just pointed out, the Secretary of State has asked me to lead a review of these matters. I would like to pay huge tribute to the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd) and the hon. Member for Barnsley Central (Dan Jarvis) for the work they have done on that. There has been a very good cross-party focus on the matter over the past few years, and I have a huge amount to learn.

Oliver Colvile (Plymouth, Sutton and Devonport) (Con): Is my hon. Friend aware that the Northern Ireland Affairs Committee visited Washington last summer and saw at first hand some of the stuff we are talking about? Is he willing to take evidence from some of the Members who were on that trip to ensure that it is included as well?

Rory Stewart: I would be delighted to do that. My hon. Friend’s intervention reminds me just how much expertise there is in the House. I see that there is an enormous amount of expertise on the Opposition side of the House. He has a great deal of expertise on the matter, as do many other Members in the Chamber this afternoon.

We need to focus on this for three reasons: first, we have an obligation towards individuals in the criminal justice system as a whole; secondly, we have a huge obligation specifically to those who have served in the armed forces; and thirdly, we have an obligation to society as a whole. The US experience suggests that there is something we can do. It is unusual in such a situation to find that we have concrete levers that might be able to improve our relationship to reoffending.

There already exists enormous expertise, for example in the Howard League for Penal Reform, Combat Stress and the Royal British Legion, and in the work that has been done by all the forces charities—29 different forces charities are currently working on the issue. There is also deep expertise in our universities. For example, King’s College London has done an enormous amount of work on some of the trauma elements, and in the past 24 hours I have been contacted by seven doctoral students doing theses on these issues. I hope not to try to reinvent the wheel, but to learn an enormous amount, including from Opposition Members, to make this as much of a cross-party enterprise as possible and to bring in the expertise that is here.

Alison Seabeck: I look forward to the results of the work that the hon. Gentleman is undertaking, which I know he will do with a great deal of care and intelligence. We are talking a lot about trauma and front-line experience being among the key issues, but surely the institutionalisation of young men in particular has an impact on how they behave when they come out. That must also be part of his review.

Rory Stewart: That is a very important intervention. First, essentially we need to be looking at the base data. We need to understand what exactly is happening because, as hon. Members have pointed out, we do not yet have enough data on that. Secondly, we need to look at the causes of the incidence of offending and reoffending by people who have formerly been in the armed forces.

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Thirdly, we need to look at our response. In doing that, we need to be absolutely sure that we are not stigmatising. We must make it absolutely clear that we are not trying somehow to portray people who have been in the armed forces as more likely to offend. In fact, a lot of the data suggest that they might be less likely to offend than those from similar socio-economic backgrounds. We need to get that clear. It is important in terms of the recruitment and employability of people leaving the armed forces.

On the specific issue of causes, most of the research, according to my preliminary reading, suggests that the hon. Lady is absolutely right that there are different elements, one of which may be experiences before people join the military. For example, people who join the infantry tend, comparatively, to come from disadvantaged socio-economic backgrounds. A second element is experiences in the military, such as combat stress, and another is that raised by the hon. Lady, namely the question of what happens when individuals leave the military and go from what for many of them may be a very fulfilling institutional framework in which they feel a strong amount of team work and esprit de corps, to suddenly finding themselves in an environment in which perhaps less support exists.

That said, people coming out of the armed forces already benefit enormously from the forces charities and even from individual regimental associations, so we should not underestimate the amount of support that exists or try to reinvent the wheel.

Oliver Colvile rose—

Rory Stewart: I will give way for a final time.

Oliver Colvile: Will my hon. Friend also recognise that in the United States of America all veterans are given a mobile phone when they leave the military and receive a couple of telephone calls during the following six months to a year, which means that there is permanent contact?

Rory Stewart: That is a good point on which to conclude.

Lady Hermon (North Down) (Ind) rose—

Rory Stewart: I can see that the hon. Lady wishes to intervene and I will let her do so.

Lady Hermon: I am grateful to the hon. Gentleman for taking an intervention from me as a Member who represents a constituency in Northern Ireland. I know that he will be very sensitive to the role of the British Army in Northern Ireland, which has in the past been very divisive for some sections of the community. May I urge the hon. Gentleman to bear it in mind, when he does his research in Northern Ireland, that former members of the Royal Irish Regiment and the Ulster Defence Regiment are very reluctant to raise their profile, because they are anxious not to be targeted by dissident republicans? I would be keen to meet the hon. Gentleman when he comes to Northern Ireland to do his research and to be as helpful as I possibly can be. I am sure I speak for all Members who usually sit on these Benches.

Rory Stewart: I thank the hon. Lady very much for her offer and I would love to take it up.

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On the penultimate intervention, the provision of mobile phones is a simple example of a very important point that every Member has raised so far: what we do know about veterans who offend and reoffend is that the military provides a very powerful possible support network. Unlike other sectors of society, it provides an instrument or lever that could be incredibly helpful and supportive to backing people in their recovery process. Trying to make sure that we get the very best out of institutions that already exist will be the key. We have an obligation to the individuals who offend and reoffend; we have a particular obligation towards the military; and we have an obligation towards society as a whole.

John McDonnell: I add my congratulations to my hon. Friend the Member for Barnsley Central (Dan Jarvis) and, in particular, to the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd). I attended the first session he held in Portcullis House about two and a half years ago, which was also supported, I think, by the ubiquitous Harry Fletcher, and we were shocked at the scale of the numbers of ex-military who were in prison and at the scale of the trauma they were experiencing. I welcome the review. It will be useful to get clarity on time scales and on how the recommendations will be dealt with by the Government at a later stage. I appreciate that.

I want to speak to new clause 12, which stands in my name and relates to domestic abuse. The scale of domestic abuse and the figures involved are always shocking. Last year, 7% of women reported some form of domestic violence or abuse against them. Two women a week are killed by partners or lovers, and the number of sexual assaults is about 70,000.

The existing probation service established national programmes in response to the issue. There is a 30-week programme in which perpetrators are placed, but there are concerns that it will be lost as this privatisation rolls out. I therefore suggest in my new clause 12 that programmes for tackling domestic abuse on which offenders are placed should remain with the national probation service. That would give the assurance that such work will continue and that there is consistency of approach. It would also allay several fears. I do not want to make this a contentious point, but one of the fears that has been excited relates to the unpaid work programme that Serco has taken over, in that some women’s workshops have been closed as a result of that privatisation. We do not want that to be experienced by such important programmes as those currently provided by the probation service, but they would be laid waste if privatisation took place.

The new clause is fairly straightforward. It would ensure consistency of approach, as well as the maintenance of such programmes, and the best way to do that is to retain those programmes within the state sector.

4.45 pm

Philip Davies (Shipley) (Con): I apologised to you in advance, Mr Deputy Speaker, but I apologise to you again for missing the beginning of the debate on this group of amendments. I extend my apology to all hon. Members. I had an important meeting with the Secretary of State for Work and Pensions, and I got here as soon as I could. I did not intend any discourtesy, and I hope that no one will think that I have been discourteous.

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I want to speak briefly about my amendment 7, which would delete clause 10. I do not want you to remind me that today is not a Friday, Mr Deputy Speaker, so I intend to be as brief as possible. Therefore, I will not read out exactly what is in clause 10, save to say that it makes special provision for the arrangements for supervision and rehabilitation of female offenders. As far as I am aware, the clause did not appear in the original draft, but was added to the Bill at some stage in the other place. Perhaps the Minister will expand on the reasoning behind the Government’s keenness to accept the clause, given that they do not appear to have been keen to introduce it in the first place.

The reason I object to clause 10 and therefore seek to delete it is that it is absolutely unnecessary. I suspect that it was put in—I hope that the Minister can help us here—to appease those whose whole mission in life is to keep virtually everybody, but female offenders in particular, out of prison. They have perpetuated a myth, which has built up a head of steam over recent years, that—bizarrely—women are treated more unfairly than men in the criminal justice system.

I pressed the Minister during Justice questions not long ago—I think it was just before Christmas—on whether he accepted, agreed with and stood by the figures produced by his Department on rates of offending, reoffending, sentencing and all the rest of it in relation to male and female offenders. I got the impression that he was prepared to stand by the Ministry of Justice figures. If so, and he still stands by them, he should clearly know that not this bizarre claim that women are treated more harshly in the criminal justice system but the exact opposite is the truth.

As it happens, as I am sure that the Minister knows, for every single category of crime, men are more likely than women to be sentenced to prison, to be given longer custodial sentences and to serve longer proportions of their sentence in prison. Yet clauses are still introduced to Bills to try to give even more preferential treatment to women in the criminal justice system, which is totally and utterly unjustifiable. There is this sort of politically correct myth that women offenders are currently hard done by and need special protection.

I am not a big fan of the equality agenda. In the previous Parliament, not only did I introduce an awful lot of amendments to the then Equality Bill, but I voted against it. This clause is a perfect example of why the equality agenda is such a sham. It should not really be called the equality agenda. It should be called the “equality but only when it suits us agenda”. All the people who campaign so vehemently on these issues argue, quite rightly, that men and women should be treated the same. There should be no difference in their pay, the way they are treated in the workplace and so on. I agree with the premise that we should be gender blind in all matters. That, to me, is true equality. It should not matter what somebody’s gender is. It should not matter what their colour is, what religion they are or what their sexual orientation is. Those are all irrelevances when it comes to anything, whether it is what they are paid or what opportunities they are given.

It therefore seems to me that gender should also be irrelevant in how the criminal justice system treats offenders. It should not matter whether the offender is male or female—they should be dealt with on the basis of the crime they committed, the seriousness of the

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crime, the persistence of their offending and their likelihood of reoffending. I do not see what on earth their gender has to do with any of those factors. Their treatment should be gender blind.

I believe that the view I have set out, which is that everybody should be treated the same, irrespective of their gender, is what most people would sign up to. If that is the case, perhaps the Minister and the other Members who support clause 10 will explain—because for the life of me I cannot see it—why they believe that everybody should be treated the same, apart from when it comes to sentencing and the treatment of offenders. Perhaps when he winds up, the Minister will explain why he thinks that women should be treated far more preferentially in the criminal justice system. If anybody doubts that, I have all the figures to hand. In the interests of time, I will not bandy them about the Chamber, but I have them here and am happy to share them with anybody. They are the figures from the Ministry of Justice itself and the evidence is striking.

Women are treated more favourably than men not only when it comes to being sentenced to prison, although that is particularly stark, but in the recommendations of the probation service. In a recent parliamentary question, I asked on how many occasions the probation service makes a recommendation of immediate custody for sentencing in the Crown court, which considers the most serious offences, for men and for women. The probation service recommends immediate custody for 24% of men who are up before the Crown court, but only 11% of women.

People would be forgiven for thinking, on the basis of that statistic, that the probation service is already bending over backwards to treat women more favourably than men in the criminal justice system. It recommends prison twice as often for men as it does for women. And yet there is a clause that seeks to make the probation service go even further in giving preferential treatment to women. That seems to me to be completely unnecessary.

The Minister might have been better served finding a way to ensure that men are treated more fairly in the criminal justice system, because that is where the problem lies at the moment. The figures on that are stark, and yet the Minister wants to go further in the opposite direction. The argument I have heard is that women should be a special case because they are often more vulnerable, but that ignores the fact that there are plenty of men who come from vulnerable backgrounds as well. Why are we not interested in those people? Why are we not giving them a fair lick of the sauce bottle, as they say in Australia? Why is it only vulnerable women offenders that we are bothered about?

Not only is what I have said about prison sentencing true, but men are more likely than women to be given the highest level of community order. More men than women go to prison, so we might therefore expect women to get more higher level community sentences than men because of the shortage of numbers going to prison. Even at that level, however, more men are sentenced to the highest level community orders than women—10% of women compared with 16% of men. At every possible level in the criminal justice system, men are already treated far more harshly.

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So that the Minister is aware of this I will quote the latest report from the Ministry of Justice, “Statistics on Women and the Criminal Justice System 2011”, which makes it clear that on average, women receive shorter and less onerous community sentences:

“The average length of a community order and Suspended Sentence Order for women (12.9 and 17.8 months) was shorter than for men (at 15.0 and 18.3 months respectively). The average length of both orders was also shorter for women in each of the four preceding years.

Women beginning the most common types of supervision orders in 2011 generally had fewer requirements with which to comply than men. For community orders, 43 per cent of women and 51 per cent of men were given more than one requirement with which to comply. For Suspended Sentence Orders, the corresponding proportions were 55 per cent for women and 63 per cent for men.”

Women were also more likely than men to be given supervision as a requirement, and regarded as a lower risk category when being assessed.

There are already sentences run by probation services that women cannot be given, even if they fit into the offending type. The hon. Member for Hayes and Harlington (John McDonnell) referred to his new clause 12, and the sad thing about that is that it perpetuates the problem I am trying to highlight. It states:

“It shall be the responsibility of the National Probation Service to provide all Building better relationships rehabilitations programmes for male perpetrators of domestic violence”.

As it happens, there are an awful lot of female perpetrators of domestic violence. They may not be a majority, but there are an awful lot of them and in some age groups I think they are the majority of offenders. The new clause states that only male offenders are required to go on treatment programmes, and there is nothing about female offenders. I would have supported the new clause if it also included a requirement for female perpetrators of domestic violence to go on those courses, but the hon. Gentleman has spectacularly failed to mention that, for reasons best known to himself.

Lady Hermon: I have listened patiently to the hon. Gentleman, but with increasing exasperation. Has he made equal efforts to obtain statistics from the Department of Health about the impact on the mental health of women who have been sent to prison or had custody orders imposed on them and—just as importantly—on the welfare and health of the children of women who have been sent to prison? I would be interested if the hon. Gentleman read out those statistics to the House.

Philip Davies: I am delighted; I am trying not to go off the scent, so to speak, but perhaps you will allow me, Mr Deputy Speaker. I am sure these facts are a terrible irritation to the hon. Lady and may not suit her particular agenda and the world she would like to portray, but I am merely stating the facts as produced by the Ministry of Justice. If she does not agree with the statistics, she should feel free to contact the Minister. I can do no more than ask questions and get the answers.

The hon. Lady asks about children, and there may well be a case there. I would not mind so much if people said to me, “Well, of course women are treated more favourably in the criminal justice system, but there is good reason for that because they might have to look after children.” If somebody wanted to go down that line of argument I would at least have some respect for

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that; the point may or may not be valid, but that is not the argument that is made. The argument is that women are treated more harshly in the criminal justice system, but—quite frankly—they are not. It is no good people pretending they are when the facts are perfectly stark: they are not.

As the hon. Lady mentioned children she might want to bear it in mind—again, the Ministry of Justice made this clear—that two-thirds of mothers who are sent to prison are not even looking after their children at the time. In two-thirds of cases the children have already been taken off those mothers because they are not deemed fit to look after them. The people we are talking about are hardly great role models for their children. In fact, some prisoner organisations have made it clear that it is actually a relief when the mother is sent to prison—in one case they described those mothers as causing “merry hell” in their families. Therefore, the idea that it is to everybody’s advantage, including the children, to keep persistent and serious offenders out of prison to look after children is a bizarre one by anybody’s standards.

Lady Hermon: I am most grateful to the hon. Gentleman for taking a second intervention so promptly. When did he last visit a women’s prison? Will he do me the great courtesy of accepting an invitation to Northern Ireland to see the conditions in which women prisoners in Northern Ireland exist? I would be grateful for a response on both points.

Philip Davies: I would be delighted to visit Northern Ireland. As it happens, I have been a regular visitor to prisons around the country, including women’s prisons. I have visited 12 or 13 prisons in the UK, including two female prisons. I have also visited prisons in America and Denmark to see how they treat offenders. My point is that there is no justification for the new clause and no evidence to justify it.

5 pm

Mrs Moon: I, too, have listened with great patience to the hon. Gentleman and have considered whether it is worth bothering to intervene. However, I must reiterate the point on community sentences and the selective passage he has read out. The fact is that eight out of 10 women who receive prison sentences have committed non-violent offences. That is why they have less onerous conditions in their community sentences. I draw his attention to the Corston report and the Prison Reform Trust report, “Lacking Conviction”. Instead of getting out more, he needs to stay in and read more.

Philip Davies: To be perfectly honest—I am trying to think of the polite way to describe that—what the hon. Lady says is utter garbage. It is utter rot. The idea that women are sent to prison for short sentences and non-violent offences is a myth—it is a big myth, but it is a myth. At any one time, there are about 3,700 women in prison. Perhaps she will tell the House which ones she believes should not be there. Perhaps it is the 211 who are in prison for murder; the 135 in for manslaughter or attempted homicide; the 352 in for wounding; the 142 in for serious assaults or other violence against the person; or the 58 in for cruelty to children. Perhaps she means the 58 who are in there for cruelty to children; or the

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83 who are in for rape, gross indecency with children or other sexual offences. Perhaps she means the 272 women in prison for violent robbery. Perhaps she means the 151 who are in there for burglary. Perhaps she thinks the 398 drug dealers should not be in prison. Perhaps she means the 91 arsonists; the 24 convicted of violent disorder; the 45 in there for kidnapping and blackmail; or the 192 in there for serious fraud and forgeries. Perhaps she means the 320 in prison for importing drugs into the country, which end up being sold on our streets. She might mean the 111 others serving time for other serious drug offences. The hon. Lady might believe those people should not be in prison, but they are not non-violent, minor offences. It is a disgrace for her to suggest to the victims of those crimes that they are the victims of minor, non-violent offences. She should be absolutely, utterly ashamed of herself for suggesting that. That is the type of nonsense we have had to deal with in the debate for many years. I am delighted that I can shine a light on the utter rot that people like her have spouted year after year.

Rory Stewart: I am interested in what my hon. Friend says, but some of those figures on female offending seem relatively low. Does he have comparative figures for men in those categories?

Philip Davies: Absolutely. My hon. Friend is making my point for me. Some 95% of people in prison are men. If 95% of either men or women were treated in what we might call a harsh manner in any other walk of life one would think there would be uproar on behalf of the 95%, but, would you believe it, all the uproar is that 5% is too many women prisoners. It is a nonsensical argument to suggest that women are treated more harshly than men. My hon. Friend is quite right that a lot more men are in prison for those same offences. My point is that men and women should be treated the same, irrespective of their offence. For the hon. Member for Bridgend (Mrs Moon) to suggest that they are non-violent, non-serious offences is utterly disgraceful. Perhaps she would like to go to each of those victims of crime and tell them that they are the victims of non-violent and non-serious offences.

In conclusion, clause 10 is unnecessary because the facts are already stark: women are treated more favourably than men when it comes to sentencing. Men are more likely to be sent to prison, more likely to be given a longer sentence and more likely to serve more of that sentence in prison than women for every single category of crime. For every single category of crime, men are also more likely to be given a serious community order and a longer community order, and are more likely to have more requirements made. Why is it, then, that the Government are not satisfied with that and want to go further to make the criminal justice system even more imbalanced and even more in favour of female offenders?

Mr Llwyd: The previous speaker should not read anything into the silence in the Chamber. It was not acquiescence; we were stunned into silence.

I congratulate the hon. Member for Barnsley Central (Dan Jarvis) on being the driving force in bringing forward new clauses 2 and 3 on veterans to which I would like to speak briefly. I also welcome Government amendment 5 on the extension of restorative justice,

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which is a positive step. We had a debate on that in Committee. The Minister said that he would go away and consider the matter and he obviously has done so. I am sure we are very grateful for that.

I was glad to read in the papers over the weekend that there will be a Government review of how to improve the rehabilitation of ex-service personnel who are in prison, and that it will be led by the hon. Member for Penrith and The Border (Rory Stewart). I wish him well in that work. I have a feeling that it will be done consensually and that we will all be able to muck in, as it were, and do our best to come up with some good answers for the Government, because the work is long overdue.

As the House may be aware, I have campaigned for a number of years for greater recognition of the welfare needs of veterans of the armed forces, and I have raised the issue in this place and elsewhere since 2008. In January 2010, I published a paper that contained detailed recommendations for increasing the support available to veterans, in particular to those who come into contact with the criminal justice system. I have also had the privilege since 2010 of chairing the veterans in the criminal justice system parliamentary group, which meets under the auspices of the justice unions parliamentary group. The group comprises parliamentarians and representatives from criminal justice trade unions and charities, including the National Association of Probation Officers, the Association of Chief Police Officers, the Prison Officers Association, the Royal British Legion and several military charities. The group is able to disseminate good practice to ensure that it is available throughout the British isles, and I think that that is coming together and is working. I hope that at some point the hon. Member for Penrith and The Border might care to attend, to contribute and to perhaps pick up on a few points.

Mr David Hamilton (Midlothian) (Lab): May I draw attention to what is happening in Midlothian, where Police Scotland has been giving out leaflets to local pubs, clubs and voluntary organisations? When an arrest takes place, the police now ask directly whether the person arrested is an ex-member of the armed forces, which helps quite a bit. We should replicate such things and learn from each other.

Mr Llwyd: That is precisely the point of the joint group, and I am proud to say that the police force where I live, north Wales, have been doing that for more than 12 months, as have others. It is difficult, though, because some ex-military personnel are not prepared to admit to having been in the forces; they feel they would be letting the regiment down. Then there are others—we have all met them; they always seem to be former leading members of the SAS—who have not served a day any more than I have. It is not simple—we need to be doing a complex set of things—but I am pleased that we now have something to concentrate our energies upon.

I first became aware of the disproportionate number of veterans in the system when appearing as a barrister in Chester and north Wales Crown courts one particular week some years ago. I noticed that increasing numbers of people who were appearing in court for serious crimes professed to have a military background, and often the distinguishing feature was that their crimes

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were inexplicable, or at least difficult for a person who had not served in theatre to explain. I remember one case vividly of a young man who had come back from Iraq and was standing in a fish and chip queue when the lad behind him who had had too much to drink bumped into him. He knocked the hell out of the young lad in no time at all. He was trained to look after himself—almost by reflex he would do it—and he ended up doing three years for assault.

When people come back from theatre, they need to be decompressed and brought back into society. Heaven knows how I would be affected, had I been out with the forces in theatre. It is natural to presume that many people will suffer mental scars as a result of service, and we owe it to them to do something about it.

Rory Stewart: Does the right hon. Gentleman agree that there is a particular issue with the reserves? For those in the regular forces, there is more of a framework for returning from operational theatre to battalion, whereas for the reserves we have a very specific challenge.

Mr Llwyd: Yes, and actually, as one who follows these things, I know that, interestingly, an increasing number of reservists are appearing in court, having left their work for a period and gone into the eye of the storm. On coming out again, as the hon. Gentleman rightly says, they are expected to go back to civvy street as normal, but it is clearly extremely difficult. That is a big problem, and the amendments would be a step forward.

Almost by instinct, as a lawyer I have something at the back of my mind saying, “Why should any class of society have a court set up especially for them?” In this case, the answer is simple: because these people have been through extraordinary situations that we cannot even imagine. Of those who would wish to argue along the lines I previously argued, I would ask: why do we have specialist drug courts in the UK? They have worked well. The Liverpool drug court was a great success when it was in full swing, as these courts, or disposals, could be—we are talking about disposals for veterans, to begin with, which is perfectly sensible.

Mr Anderson: Does the right hon. Gentleman agree that the American experience shows not only that such courts are effective, but that they are economically viable? People are not going to prison, so there are not the problems of family breakdown, and the huge array of things put in place when people keep going back to crime are no longer there, so there is an economic as well as a social case.

Mr Llwyd: Yes, there is. In addition, ex-service personnel are not used to paying regular bills and so on, and sometimes they do not balance their monthly income and outgoings, they end up in debt and everything spirals from there. I remember speaking with SSAFA in south Wales some time ago, and it told me that about 60% of its work was to do with debt, the handling of money and so on. That is another issue that has rightly been identified.

5.15 pm

In March 2008, I tabled a number of questions to the Minister of State at the Ministry of Justice, asking how many inmates in UK prisons there were from service

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backgrounds. I was told that that figure was not available. In the summer of that year, together with NAPO and the redoubtable Harry Fletcher—

[

Interruption.

]

He must be mentioned more often than the Queen in this place, although we are not supposed to mention the Queen. NAPO estimated that the figure was about 9% of the prison population; at that time, that amounted to roughly 8,000 people. I know that the official figure is 3.5% but I will not split hairs now. It is a very big problem and my view is that much of it is avoidable if we offer treatment early enough. In other words, everybody leaving the services should go through a period of decompression to enable them, yes, to have medical checks, but also assistance with things such as balancing budgets, holding down jobs and all the things that people not in the services have. We need to assist personnel to adjust to civilian life.

I readily accept that the majority of returnees will be perfectly fine and happy, but a large percentage will experience acute social rupture, become homeless, be cut off from mainstream welfare services and be isolated, and unless something is done they will fall into a downward spiral. It is likely that, at the end of the day, they will fall into the criminal justice system. Abuse of alcohol and drugs and mental health problems are catalysts, of course.

That is why I think it essential that the Government invest in the rehabilitation of veterans when they leave the criminal justice system as well as when they leave the services, as new clause 2 calls for. The services available to Army personnel when they leave the forces should be improved. I have it on good authority—from when I was an adviser to the Howard League on this subject—that how well someone is reintegrated in society depends on the senior officer in their regiment and whether they take an interest or not. I hate to put it in that way but that is what came through from the evidence we took.

Psychological assessments should be made mandatory for all service leavers. Post-traumatic stress disorder will not be spotted immediately; it could manifest itself today or 12 years from now. That is a complex matter as well. We need to put in place strategies to ensure that the maximum help is available to all veterans and returnees. We must look at substance misuse, mental health, housing, employment, money management, violent behaviour and all the other problems that are typical.

I am also very supportive of the aim of new clause 3, which provides for veterans rehabilitation panels based on the courts in the United States to be piloted. In 2010, I sat on the advisory panel to the Nutting inquiry into veterans in prison, which was sponsored by the Howard League for Penal Reform. As part of our research, we travelled to the United States, where we visited the veterans court in Buffalo, New York State and saw at first hand how it worked. It was described very ably from the Labour Front Bench earlier, although I have one slight correction: individuals referred to the veterans courts would normally expect to spend between 12 and 18 months in prison.

Initially, the federal courts were completely against the idea. My understanding is that now, following the brilliant court that has been in operation in Buffalo, there are about 47 throughout the United States, and they are regularly receiving referrals from federal courts and even, in some instances, from higher appellate courts as well. It is working, but I add a word of caution:

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getting good mentors who speak the same language as the individuals and who are trusted, because typically they have been through the same thing in the services, is highly labour-intensive. A bond develops, and the individuals do not want to let down their mentor. That is how it works, and it has led to 0% reoffending in Buffalo—an absolutely incredible success. I gave a full dossier of my findings to the then Justice Minister, Lord McNally, so the Government are fully aware of the whole workings. I hope we can look forward to some real progress. There is a great deal to be learned, so I commend the findings to the Government.

I conclude by mentioning one important military motto: “Leave no man behind”. Unless we do something, we will be leaving very many behind. That concerns me and, I am sure, all of us.

Briefly, I fully support new clause 12, to which the hon. Member for Hayes and Harlington (John McDonnell) has spoken. It provides an important step forward. We must ensure that victims of domestic violence are not punished as collateral damage in the implementation of the Government’s proposals to reform probation. I shall not dwell on that any further other than to say that I fully accept what the hon. Gentleman said. I commend that new clause, too.

Tracey Crouch (Chatham and Aylesford) (Con): I shall speak briefly to new clauses 2 and 3. I congratulate the hon. Member for Barnsley Central (Dan Jarvis) and the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd) on their work. I have no personal experience in the matters raised, but I am aware of some of the issues and problems of ex-military ex-offenders from a particular project run in my constituency, so I shall speak briefly about that.

As the hon. Member for Darlington (Jenny Chapman) said, this is a hugely complex issue, and other Members have made it clear that there are multiple needs when people end up leaving the services and going into prison. It is clear that, as the right hon. Member for Dwyfor Meirionnydd said, we are not supporting those people adequately when they leave the services and go back to civvy street. Perhaps that should be the starting point. When they end up entering the criminal justice system, we need to ensure that their very specific needs for exiting prison are dealt with properly, too. That is why we need a joined-up approach.

We need to ensure that people coming out of the services do not find themselves misusing various substances, that their financial and housing needs are dealt with and that they are given support into employment. If they find themselves in the criminal justice system, they need to be given similar support. As we know from other aspects of people’s experience of leaving prison, something as simple as not having a bank account can be crucial. If they do not have a bank account, they might not get paid for the work they are doing and they might end up entering the criminal justice system much more quickly than those who do have a bank account. We need to think of this issue from an incredibly wide perspective.

It is good news that my hon. Friend the Member for Penrith and The Border (Rory Stewart) has been appointed to look at these issues. I hope he will notice the degree of party consensus and the wide and varied expertise

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that exist; he will, of course, take submissions from all parties and all those who have taken an interest in the matter for some time.

Let me focus specifically on people’s employment needs and on how the third or voluntary sector can help. I have seen this for myself in my constituency. Chatham and Aylesford are very different parts of the constituency and have very different needs, but on this particular project, they have combined and are working as one. Chatham has a long history and association with the military, while Aylesford is home to the Royal British Legion Industries. The RBLI has done a fantastic job over the last couple of years in trying to support ex-military ex-offenders into employment, which we know is a key part of successful rehabilitation from a custodial sentence.

The Victor project is a small-scale employment programme that assists ex-military ex-offenders into sustainable employment. The Secretary of State came to Chatham to meet people involved in the project, and I think that he thoroughly enjoyed himself and found the experience fascinating. I extend an invitation to any other Members who may wish to come down and see the work—especially my hon. Friend the Member for Penrith and The Border, who could include it in his review.

Victor began as a partnership between the RBLI, Blue Sky and Medway council, with funding from Forces in Mind. It has been co-ordinated brilliantly by the Shaw Partnership. The project, which has been operating for nearly a year, has provided six placements for ex-military ex-offenders undertaking grounds maintenance work at Medway council’s main offices in Chatham, and eight others with Veolia Environmental Services in Kent, Surrey and Essex. The grounds maintenance work would normally be undertaken by the council’s own contractor, Quadron, but Quadron has agreed to give part of the contract to the project, which is absolutely fantastic. Most of the participants are from the local prison at Elmley. This is the first initiative involving the partnership, and I believe that it is a pump primer for wider work for that group.

I think that there are initiatives out there that can really help ex-military ex-offenders to return to sustainable employment. Those whom I have met in connection with the project have described it as life-changing. They are getting up every day, and they have a routine. People are saying to them, “What you have done is fantastic: the grounds look amazing.” They are receiving the positive feedback that they need—something that they may have had when they were in the Army, or in other parts of the services—and they are being given support by a wider section of the community. I think that that is absolutely essential. If we are not giving such people the initial support that they need when they are coming out of the services, we must ensure that we give them support when they come out of prison. Very few former members of the armed forces go to prison, but they are an important few.

I am proud that the Victor project is operating in my constituency, and I hope that it will go on to greater things. I know that the Ministry of Justice is well aware of it, but I should like others to come and see it, and to

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think about whether it could be helpful to other initiatives. I think that, while we need to review this issue regularly, we can draw on the work of the voluntary sector.

Meg Hillier: I rise to speak with far less authority and experience than has been displayed by those who have spoken so far, but I am delighted to have added my name to new clauses 2 and 3, which were tabled by my hon. Friend the Member for Barnsley Central (Dan Jarvis). I speak with some experience, as someone who, as a schoolgirl, grew up in Portsmouth in the 1970s. I saw at first hand how little support was often given to people leaving the armed forces in those days. I also saw the aftermath of the Falklands conflict, when those returning from it were having to readjust to life.

I want to tell the House a story. In September, I had the privilege of meeting Harold. Harold served in the Australian air force during the second world war, and saw action in the Pacific. Harold is 90 years old. Ten years ago, he began to receive support and counselling for the experiences that he had had in the 1940s. One of my main reasons for adding my name to the new clauses is that I remember speaking to Harold and being very impressed by him, and impressed by the service that the Australians provide their armed forces. They recognised that, even so many years later, Harold still needed support.

Harold has no criminal record. He has been an upstanding member of his community throughout his life, both in the armed forces and since. However, if people like Harold are still facing problems, that explains a great deal about why ex-members of the armed forces form such a large proportion of the prison population, and why my hon. Friend the Member for Barnsley Central and other members—I welcome the Government’s review, which is to be led by the hon. Member for Penrith and The Border (Rory Stewart)—want to ensure that these problems are nipped in the bud in the case of other veterans.

5.30 pm

Mr Anderson: I want to speak in support of new clauses 2 and 3 and in support of veterans.

About five years ago I was approached by an ex-colleague who asked me to meet a group he was working with. Tony Wright was that colleague and he is an ex-Marine. He had to leave the Marines as a young man because of an injury and he went into the social services, ending up in the probation service. Everywhere he went he bumped into people who had gone through experiences similar to his. They had left the forces, sometimes under a shadow and sometimes not, and they had lost their way. He had become increasingly concerned about their well-being and eventually decided to do something about it, and five years ago he set up a group called About Turn, which has now become the charity Forward Assist. Tony asked me to become a patron of the charity. After sitting down with some of the people he works with, I said I would be very pleased to help them.

Three years ago, Tony won a Winston Churchill scholarship to travel to America. One of the first places he went to was Buffalo. He went to some courts that had been spoken about, and he was blown away by his experience there. The whole thing was based on comradeship. People who had gone the wrong way in

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life were being pulled back by the people in those courts. Everybody from the judge downwards was ex-service personnel and their determination that nobody would fail was what made things succeed. As we have heard already today, so far, in five years, not one person has gone back to crime—not one person. We should compare that with any other form of justice system.

As a result of that visit, Tony asked me if I would go with him to Arkansas to try to develop a link between Tyneside and Arkansas. The intention was not only to develop a civic link, but to develop a veterans exchange project. I went with him last December. While we were there, we were invited to go and meet Judge Mary McGowan, who runs one of the courts in Little Rock in Arkansas. She originally ran the drugs court, but after a discussion about drugs courts she decided—along with a gentleman called Rob McDonald, who was a prosecutor at the time—to set up the veterans treatment court. We sat in and listened to the court in action and spoke to people who were going through the system and we realised that this was something that could really work.

One issue we have not got our heads around was mentioned by the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd): are we saying that these people are a special case? I think the answer to that has got to be yes. They are a special case because of what Members in this Chamber ask of them. We ask them to go around the world and to be prepared to die for us and to be prepared to kill for us, and if they refuse to kill for us, they will do time in jail. That is the complete opposite to the norm. We ask these people to do abnormal things. If somebody fires a gun at us, we run away. When somebody fires a gun at service personnel, they run towards them. When these people come out of the forces, what happens to them?

I will describe some experiences. A meeting was hosted by Mr Speaker in the House of Lords last year. There were about 10 to 12 men ranging from guys in their 20s to a gentleman who was 92 and who had been a tail-gunner in world war two. One of these guys told a story about when he came out of the services. He sat down with his wife and said, “Whatever you do, don’t ever leave me alone with the children, because I’m not sure I can cope with them.” Is that not really, really frightening? At least the man had the nous to accept his potential shortcomings. Another one told his story. Everything was normal in his life except that every time he went to bed, he got a panic attack. When he thought it through, he realised the cause was the simple act of turning the bedroom light off, because the switch reminded him of the time he was walking along with a friend who was killed by a booby-trap that was triggered by an electrical switch. That was put right by putting dimmer switches into his home. These are the sorts of situations that we, as ordinary people who send those guys out there, would never ever think about.

I talked with another guy who for 10 years had been given the wrong medication because nobody had realised that he had been in the forces. When that fact came out and people started trying to work out the causes of his problems, it was discovered that they stemmed from the fact that he was the only man who jumped out of a burning tank that still had his friends inside. After that discussion had taken place, the way in which he was looked after completely changed, and he is now on the right track and working towards a normal life.

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When we came back from Arkansas, I was proud to invite people from the US to Newcastle to develop a link, and to discuss the Buffalo veterans treatment court. We held a seminar in Newcastle in May, which was addressed by Prosecutor Rob MacDonald who had come across from the United States. Lord Beecham was also there. He is a former leader of Newcastle city council, and a gentleman with whom I have had the privilege of working for more than a quarter of a century. He had never heard about the courts before, but he was instantly able to see how important they were. I asked him whether they could work in Britain and he said, “There’s no reason why they can’t work, Dave. We have the models; we already have family courts. We could adapt that model and we could make this work if we really wanted to.” He came back here, and he and Lord Ramsbotham tabled amendments in the House of Lords. Unfortunately, none has been accepted so far, but I am glad that progress is being made.

We are talking about giving people a purpose in life and a reason to get out of bed in the morning. We are not talking about people who have committed really serious crimes. This is about men and women who have committed crimes almost as a cry for help because they have no money or because they do not understand the chaotic world that we live in today. They have had a structured life and, all of a sudden, that life has been pulled away from them. This is about helping them to make a difference.

As the hon. Member for Plymouth, Sutton and Devonport (Oliver Colvile) mentioned, we went to Washington with the Northern Ireland Committee last year to meet prosecutors and others involved with the veterans treatment courts. Some members of the Committee were, to put it mildly, cynical about them. Some, unlike myself, have a legal background. No one pretended that the courts provided a magic wand, but when it was explained how they worked, those Committee members agreed that this was something we should pursue. The veterans treatment court in Buffalo was the first, and more than 100 are now up and running. I think that two have been given up on, but the rest are reporting really positive results. They also link into the work being done on drugs, because the link between drugs and the activities that the veterans get involved in is hugely relevant.

I am often loth to push the American experience, but the way in which the Veterans Administration was set up can teach us some lessons. For example, it can teach us about the horrible experiences that came out of Vietnam. Vietnam veterans were treated disgracefully in America, but somewhere along the line, the light went on and the Americans realised that that was wrong, and that they should not blame those men and women for the mistakes made by the politicians. The work that has been done since is a great example to us all. It covers a huge range of things, and it shows us how we can learn to treat people properly.

I am a great advocate of the national health service. People in this country tend to think that if someone has a problem, the NHS can put it right. Well, it can be put right if people happen to put all the pieces together. As I have said, one of the biggest pieces is the ability to realise that a man is where he is because of his experiences —not because he is inherently violent or because he has a mental or physical problem but because of what he has gone through, and what we have put him through.

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There is a raft of information available from America on how big this problem can be. A recent seminar held there under the auspices of Justice for Vets estimated that, in 2010, about 300,000 Iraq and Afghanistan veterans were suffering from post-traumatic stress disorder, and that almost 50% of the people who had been in those theatres of war were seen to be suffering from traumatic brain injury. The numbers are huge compared with those we have seen in previous wars. This is about the changing nature of war, and about being exposed to the real world of modern-day warfare 24 hours a day. That is very different from what people experienced before.

That does not mean that veterans from earlier wars do not have the same problems. The group I work with in Newcastle has a guy from world war two and people who went through the situation in Aden. Those events are still as live to them today as they were 50 years ago or more. They lost friends there, for example. Those who served in Northern Ireland also played their part in trying to put things right over there. There are huge issues involved in how we deal with those people, and we need to be aware of how we can help them.

A psychiatrist we met in Little Rock said, “You need to understand that a tsunami of mental health problems is going to hit this nation in the same way as it hit ours.” We know that the number who went from these shores was small compared with those who left America, but the number who are coming back with problems is big. I am not saying, and I would not like to be portrayed as saying, that everybody who goes to war and everybody in the services will have these problems, because they will not, as we know. Lots of people make a good new life for themselves and move forward, but the ones who are not able to do that deserve special care from us in this House.

One of the real issues was touched on by the right hon. Member for Dwyfor Meirionnydd—the numbers. Some of us from a group in Tyneside met one of the Justice Ministers just before Christmas, and the hon. Member for Plymouth, Sutton and Devonport talked through this issue. What is clear is that nobody really knows how many people from the forces are in jail. A gentleman called Colin Back works on rehabilitating the forces to get them back into work, and he has done work in the south-east of England. He reckons that we could be talking about almost 12% of this population, which is hugely more than the official figures suggest. So as part of the review and the ongoing work, we need to get these figures to see how big the problem is. If we can get a fraction of those people out of that situation, that would be the right thing to do, not only for them and for us, but for the economy. If these people are in work, if their families do not need special support and if there is no family break-up, we will not have probation on the side and prisons that are too full—everybody will win, and that is the great beauty of it.

I am really pleased that the commission has been set up. The hon. Member for Penrith and The Border (Rory Stewart) is exactly the right man to lead on it, and I ask him to come over the Pennines as quickly as he can. He will be made to feel welcome in the north-east, because people there have lived through this, and although I am telling their story, I can never relate to it in the way

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they can. These people have been given a lifeline and they want us to help them, and we should do so. Part of that is about supporting these provisions. If the Government decide not to support them, I ask them to do the work regardless.

Mrs Moon: I will be as brief as I can, Madam Deputy Speaker, because I am aware that the Minister needs to wind up. I give credit to my hon. Friend the Member for Barnsley Central (Dan Jarvis) for tabling the new clause, to the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd) for the work he has done and to the hon. Member for Penrith and The Border (Rory Stewart). On the work the hon. Gentleman is going to undertake, may I urge him to ensure that whatever we bring forward and whatever is recommended, appropriate research is done and data collected to sit alongside it? What will be important is to learn a huge amount from this, not just about the number of people who will need the support of the veterans courts, but about the effectiveness of having specialist courts that will advise on the most appropriate way to prevent reoffending.

One question that has been raised was how we are going to define “a veteran”. The importance of reservists has been mentioned, so I will not go back over that in the way that I had planned. We have to recognise that post-traumatic stress disorder and mental health conditions relating to service do not necessarily happen on return. I know that the hon. Member for Penrith and The Border is very aware of that, but we must ensure that we clearly identify who will be eligible for veterans courts. We must not just discount people because their service took place years ago. It was suggested that an 18-year-old who had joined the services but not completed basic training might not be suitable. May I ask the hon. Gentleman to look at the research on suicide carried out by Professor Nav Kapur at Manchester university, because it shows that the highest number of people who have served in the armed forces and are likely to go on to take their own life are found among exactly that group? Often that is because they have been failed by society because they have gone through the care system and, yet again, they feel that they have been failed.

In collecting that data, can we please look at how many of those people who go on to reoffend have gone through the care system? That is critical information, because we know for a fact that many people who end up in the criminal justice system have served time in our care system and have already been failed by society. Let us use this opportunity constructively and creatively to look at how we can tackle reoffending and to ensure that we offer the best way forward to reducing it. We have an opportunity to be not punitive or negative but constructive and creative. I look forward to the work that will come forward. If I can help in any way, I look forward to doing so.

5.45 pm

Jeremy Wright: I apologise in advance to those who have participated in this interesting and useful debate, because I will not have the chance in the time that is available to go into the issues in the detail that I would ideally like.

Let me begin with new clause 2. I am grateful to the hon. Member for Darlington (Jenny Chapman) for what she has said about the nature of the amendments,

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and I hope that will curtail what I need to say about them. I pay tribute not just to the hon. Member for Barnsley Central (Dan Jarvis) but to the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd) and many others across the House for the extensive interest they have shown in this matter. I know that they will want to interact with my hon. Friend the Member for Penrith and The Border (Rory Stewart) and express their expertise to him.

I agree that our armed forces do a difficult and dangerous job. We should also be clear—I know that no one has suggested otherwise in the course of this debate—that service in the armed forces does not inevitably lead to a life of crime following a return to civilian status. Undoubtedly, however, there are those who struggle with the transition, although, as my hon. Friend the Member for Penrith and The Border said, it is also true that those with a service background are less likely to commit offences than those who do not have such a background. We should also recognise the considerable support that the armed forces, as an employer, offer to those who are returning to civilian life.

The prison and probation services already work with ex-service personnel, and my hon. Friend will want to look at that and perhaps suggest further improvements. We are doing more in prisons to identify veterans as early as possible, and all prisons should now have a veterans-in-custody support officer to co-ordinate and assist in that task. The proposed probation reforms offer an opportunity to do better in that regard, and to encourage all sectors to work together to identify service personnel and offer the assistance that we can. I recognise entirely, as the right hon. Member for Dwyfor Meirionnydd and my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) have said, that a variety of organisations already do good work with offenders, but there is always an opportunity to do more. The review that my hon. Friend the Member for Penrith and The Border has been invited to lead will, I hope, give us that opportunity.

Alison Seabeck rose—

Jeremy Wright: The hon. Lady will have to be brief.

Alison Seabeck: What I have to say is very pertinent. If there is no enabling clause in this Bill to bring forward any suggestions that come from the hon. Gentleman’s review, how long will it take for the necessary changes to be put in place, and is that something we should be considering?

Jeremy Wright: I want to come to the timetable. Without wishing to get into too much detail on these probing amendments, there are deficiencies within them that would require further legislation in any event. I understand the hon. Lady’s point, but I want to answer the question of the hon. Member for Darlington about what my hon. Friend’s review will be covering. First, we will ask him to consider the rehabilitation needs of ex-service personnel convicted of criminal offences and sentenced to a custodial or community sentence, and the current rehabilitation available to them. Secondly, we want him to consider the process whereby ex-service personnel are identified following conviction, and that goes very much to the point that the hon. Member for Blaydon (Mr Anderson) was making. Thirdly, we want him to consider best practice relating to the rehabilitation

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of ex-service personnel offenders, including evidence of effective interventions in other countries. Fourthly, he should consult with the cross-government military reference group, which already exists, and report to the Secretary of State within six months. That is an important time frame, because we want to ensure that our reforms are informed by what my hon. Friend and those working with him can tell us. We will publish my hon. Friend’s report and place it in the Library of both Houses so that it is available for all to see. If we were to wait for the conclusion of the Bill process, as the new clauses suggest, that would delay the beginning of the review. We do not want to do that as we want to get going as soon as possible and I hope that that will meet with the approval of the House.

In view of what the hon. Member for Darlington has helpfully said, I do not think that I need to go through the deficiencies we believe that there are in new clause 3. I recognise the intent behind it and we very much support that. We want to ensure that the review produced by my hon. Friend the Member for Penrith and The Border can assist us in producing solutions and suggestions that we can make use of in the course of our broader reforms.

Let me say something about new clause 12, tabled by the hon. Member for Hayes and Harlington (John McDonnell). He is right that it is hugely important to ensure that domestic violence is treated seriously and that the programmes he has described are implemented effectively. He knows that those at highest risk of serious harm will in any event be the responsibility of the national probation service, and the NPS will also manage all offenders who are subject to multi-agency public protection arrangements. That will include all offenders convicted of sexual and violent offences attracting a sentence of more than a year and all those whose offending leads them to become registered sex offenders.

On the specifics of the programmes that the hon. Gentleman described, I entirely agree with his enthusiasm for a consistency of approach. I hope I can offer him some reassurance, as such programmes would have to be accredited. Accreditation is overseen, as he will know, by the National Offender Management Service, which ensures that the programmes are evidence-based and have therefore demonstrated their effectiveness in reducing reoffending. The programme requirement will continue to be available to sentencers, and the NPS will have a key role in assessing offenders and providing advice to courts on their suitability for such programmes. CRCs will be mandated to deliver the sentence imposed by the court, and that will include the provision of accredited programmes. All offenders, whether they are managed by the NPS or CRCs, will be able to access accredited programmes and other interventions provided by CRCs.

I hope that the hon. Gentleman is reassured by those points. I understand that he would prefer all those programmes to be delivered by the public sector, but I think that he and I would agree that what is crucial is that the standards and quality of those programmes are maintained. We will achieve that by virtue of accreditation and, of course, the accreditation process will still take place within the public sector.

I am grateful for what the hon. Member for Darlington and others have said about Government amendment 5, which I will move at the appropriate time. I am also

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grateful to the hon. Lady for raising the issue initially in Committee. I also want to take the opportunity to pay tribute, as she did, to Paul Goggins and the contribution he made not only to the amendment but to the restorative justice agenda over a considerable period of time. There are few who can say that they have contributed more to the agenda than he did. I am grateful to the hon. Lady for her support, and I hope that there will support on both sides of the House for amendment 5.

The final amendment in the group is amendment 7, tabled by my hon. Friend the Member for Shipley (Philip Davies). As he has outlined, the amendment would remove clause 10, which was added in the other place, rightly, by the Government. I am sorry to disappoint him, but it would not be right to remove the clause at this stage. I know that he has a healthy disrespect for consensus, but the fact that almost everybody disagrees with him does not automatically mean that they are all wrong. In this case, I do not think that they are. We should recognise that this is not a sentencing question, as he says that it is—I agree that there is no justification for treating female offenders per se more leniently than male offenders. We are discussing not the sentencing process but the process of rehabilitation that takes place after sentencing. It seems to me that the evidence is clear that how one approaches rehabilitation for female offenders must be materially different, if one expects it to be successful, from how one approaches it for male offenders. That is what clause 10 sets out.

The experience of female offenders is different in a number of ways, whether that concerns the abuse that they might have suffered before committing offences or the rate at which anxiety and depression are suffered. As my hon. Friend said, female offenders have different rates of child care responsibilities from male offenders, so a one-size-fits-all approach will not, in all likelihood, be successful. Let me be clear again that this is not about advocating preferential treatment for women in the criminal justice system or a different sentencing regime for female offenders; it is about ensuring that our reforms remain responsive to offenders’ needs in order to ensure that we turn their lives around and end reoffending.

On that basis, I hope that my hon. Friend the Member for Shipley will see fit not to press his amendment and that Opposition Members will see fit to withdraw new clause 2 and not press their other amendments.

Jenny Chapman: I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

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.’.—(Jenny Chapman.)

Brought up, and read the First time.

Question put, That the clause be read a Second time.

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The House divided:

Ayes 244, Noes 315.

Division No. 177]

[

5.56 pm

AYES

Abbott, Ms Diane

Abrahams, Debbie

Ainsworth, rh Mr Bob

Alexander, rh Mr Douglas

Alexander, Heidi

Ali, Rushanara

Allen, Mr Graham

Anderson, Mr David

Ashworth, Jonathan

Austin, Ian

Bailey, Mr Adrian

Bain, Mr William

Balls, rh Ed

Barron, rh Kevin

Bayley, Hugh

Beckett, rh Margaret

Begg, Dame Anne

Benn, rh Hilary

Benton, Mr Joe

Berger, Luciana

Blackman-Woods, Roberta

Blears, rh Hazel

Blenkinsop, Tom

Blomfield, Paul

Blunkett, rh Mr David

Bradshaw, rh Mr Ben

Brennan, Kevin

Brooke, Annette

Brown, rh Mr Gordon

Brown, Lyn

Brown, rh Mr Nicholas

Brown, Mr Russell

Bryant, Chris

Burden, Richard

Burnham, rh Andy

Byrne, rh Mr Liam

Campbell, Mr Alan

Campbell, Mr Ronnie

Caton, Martin

Chapman, Jenny

Clark, Katy

Clarke, rh Mr Tom

Coaker, Vernon

Coffey, Ann

Connarty, Michael

Cooper, Rosie

Cooper, rh Yvette

Corbyn, Jeremy

Crausby, Mr David

Creagh, Mary

Creasy, Stella

Cruddas, Jon

Cryer, John

Cunningham, Alex

Cunningham, Mr Jim

Cunningham, Sir Tony

Curran, Margaret

Dakin, Nic

Danczuk, Simon

David, Wayne

Davidson, Mr Ian

Davies, Geraint

De Piero, Gloria

Denham, rh Mr John

Dobbin, Jim

Docherty, Thomas

Dodds, rh Mr Nigel

Donaldson, rh Mr Jeffrey M.

Donohoe, Mr Brian H.

Doran, Mr Frank

Dowd, Jim

Dromey, Jack

Dugher, Michael

Durkan, Mark

Eagle, Maria

Efford, Clive

Elliott, Julie

Ellman, Mrs Louise

Esterson, Bill

Evans, Chris

Farrelly, Paul

Field, rh Mr Frank

Fitzpatrick, Jim

Flello, Robert

Flint, rh Caroline

Flynn, Paul

Francis, Dr Hywel

Gapes, Mike

Gardiner, Barry

George, Andrew

Gilmore, Sheila

Glass, Pat

Glindon, Mrs Mary

Godsiff, Mr Roger

Goodman, Helen

Greatrex, Tom

Green, Kate

Greenwood, Lilian

Griffith, Nia

Gwynne, Andrew

Hain, rh Mr Peter

Hamilton, Mr David

Hamilton, Fabian

Hanson, rh Mr David

Harman, rh Ms Harriet

Harris, Mr Tom

Harvey, Sir Nick

Havard, Mr Dai

Healey, rh John

Hendrick, Mark

Hepburn, Mr Stephen

Hermon, Lady

Heyes, David

Hillier, Meg

Hodge, rh Margaret

Hodgson, Mrs Sharon

Hoey, Kate

Howarth, rh Mr George

Hunt, Tristram

Irranca-Davies, Huw

Jackson, Glenda

Jamieson, Cathy

Jarvis, Dan

Johnson, rh Alan

Johnson, Diana

Jones, Graham

Jones, Helen

Jones, Mr Kevan

Jones, Susan Elan

Jowell, rh Dame Tessa

Joyce, Eric

Kaufman, rh Sir Gerald

Keeley, Barbara

Kendall, Liz

Khan, rh Sadiq

Lammy, rh Mr David

Lavery, Ian

Lazarowicz, Mark

Leslie, Chris

Lewell-Buck, Mrs Emma

Lewis, Mr Ivan

Llwyd, rh Mr Elfyn

Long, Naomi

Lucas, Caroline

Lucas, Ian

Mahmood, Mr Khalid

Mahmood, Shabana

Malhotra, Seema

Marsden, Mr Gordon

McCabe, Steve

McCann, Mr Michael

McCarthy, Kerry

McClymont, Gregg

McCrea, Dr William

McDonald, Andy

McDonnell, John

McFadden, rh Mr Pat

McGovern, Alison

McGuire, rh Mrs Anne

McKechin, Ann

McKenzie, Mr Iain

McKinnell, Catherine

Meacher, rh Mr Michael

Meale, Sir Alan

Mearns, Ian

Miller, Andrew

Mitchell, Austin

Moon, Mrs Madeleine

Morden, Jessica

Morrice, Graeme

(Livingston)

Morris, Grahame M.

(Easington)

Mulholland, Greg

Munn, Meg

Murphy, rh Mr Jim

Murphy, rh Paul

Murray, Ian

Nandy, Lisa

Nash, Pamela

O'Donnell, Fiona

Onwurah, Chi

Osborne, Sandra

Owen, Albert

Pearce, Teresa

Perkins, Toby

Powell, Lucy

Pugh, John

Raynsford, rh Mr Nick

Reed, Mr Jamie

Reed, Mr Steve

Reeves, Rachel

Reynolds, Emma

Reynolds, Jonathan

Riordan, Mrs Linda

Ritchie, Ms Margaret

Rotheram, Steve

Roy, Mr Frank

Roy, Lindsay

Ruane, Chris

Ruddock, rh Dame Joan

Sanders, Mr Adrian

Sarwar, Anas

Sawford, Andy

Seabeck, Alison

Shannon, Jim

Sharma, Mr Virendra

Sheerman, Mr Barry

Sheridan, Jim

Shuker, Gavin

Simpson, David

Skinner, Mr Dennis

Slaughter, Mr Andy

Smith, rh Mr Andrew

Smith, Angela

Smith, Nick

Smith, Owen

Spellar, rh Mr John

Straw, rh Mr Jack

Stringer, Graham

Stuart, Ms Gisela

Sutcliffe, Mr Gerry

Tami, Mark

Thomas, Mr Gareth

Thornberry, Emily

Timms, rh Stephen

Trickett, Jon

Turner, Karl

Twigg, Derek

Twigg, Stephen

Vaz, rh Keith

Vaz, Valerie

Walley, Joan

Watson, Mr Tom

Watts, Mr Dave

Whitehead, Dr Alan

Williams, Hywel

Williams, Mr Mark

Williamson, Chris

Wilson, Phil

Winnick, Mr David

Winterton, rh Ms Rosie

Wood, Mike

Woodcock, John

Wright, David

Wright, Mr Iain

Tellers for the Ayes:

Bridget Phillipson

and

Julie Hilling

NOES

Adams, Nigel

Afriyie, Adam

Aldous, Peter

Alexander, rh Danny

Amess, Mr David

Andrew, Stuart

Arbuthnot, rh Mr James

Bacon, Mr Richard

Baker, Norman

Baker, Steve

Baldry, rh Sir Tony

Baldwin, Harriett

Barclay, Stephen

Barker, rh Gregory

Baron, Mr John

Bebb, Guto

Beith, rh Sir Alan

Bellingham, Mr Henry

Benyon, Richard

Beresford, Sir Paul

Berry, Jake

Bingham, Andrew

Binley, Mr Brian

Birtwistle, Gordon

Blackman, Bob

Blackwood, Nicola

Boles, Nick

Bottomley, Sir Peter

Brady, Mr Graham

Brake, rh Tom

Bray, Angie

Brazier, Mr Julian

Bridgen, Andrew

Brine, Steve

Brokenshire, James

Browne, Mr Jeremy

Bruce, Fiona

Bruce, rh Sir Malcolm

Buckland, Mr Robert

Burley, Mr Aidan

Burns, Conor

Burns, rh Mr Simon

Burrowes, Mr David

Burstow, rh Paul

Burt, rh Alistair

Burt, Lorely

Byles, Dan

Cable, rh Vince

Cairns, Alun

Cameron, rh Mr David

Campbell, rh Sir Menzies

Carmichael, rh Mr Alistair

Carswell, Mr Douglas

Cash, Mr William

Chishti, Rehman

Chope, Mr Christopher

Clappison, Mr James

Clegg, rh Mr Nick

Clifton-Brown, Geoffrey

Coffey, Dr Thérèse

Collins, Damian

Colvile, Oliver

Cox, Mr Geoffrey

Crabb, Stephen

Crockart, Mike

Crouch, Tracey

Davey, rh Mr Edward

Davies, David T. C.

(Monmouth)

Davies, Glyn

Davies, Philip

de Bois, Nick

Dinenage, Caroline

Djanogly, Mr Jonathan

Dorrell, rh Mr Stephen

Doyle-Price, Jackie

Drax, Richard

Duddridge, James

Duncan Smith, rh Mr Iain

Dunne, Mr Philip

Ellis, Michael

Ellison, Jane

Ellwood, Mr Tobias

Elphicke, Charlie

Eustice, George

Evans, Graham

Evans, Jonathan

Evans, Mr Nigel

Evennett, Mr David

Fabricant, Michael

Fallon, rh Michael

Farron, Tim

Featherstone, Lynne

Field, Mark

Foster, rh Mr Don

Fox, rh Dr Liam

Francois, rh Mr Mark

Freeman, George

Freer, Mike

Fuller, Richard

Gale, Sir Roger

Garnier, Sir Edward

Garnier, Mark

Gauke, Mr David

Gibb, Mr Nick

Gillan, rh Mrs Cheryl

Glen, John

Goldsmith, Zac

Goodwill, Mr Robert

Gove, rh Michael

Graham, Richard

Grant, Mrs Helen

Grayling, rh Chris

Green, rh Damian

Grieve, rh Mr Dominic

Griffiths, Andrew

Gummer, Ben

Gyimah, Mr Sam

Halfon, Robert

Hammond, rh Mr Philip

Hammond, Stephen

Hancock, Mr Mike

Hands, Greg

Harper, Mr Mark

Harrington, Richard

Harris, Rebecca

Hart, Simon

Haselhurst, rh Sir Alan

Hayes, rh Mr John

Heald, Oliver

Heath, Mr David

Heaton-Harris, Chris

Hemming, John

Henderson, Gordon

Hendry, Charles

Herbert, rh Nick

Hinds, Damian

Hoban, Mr Mark

Hollingbery, George

Hollobone, Mr Philip

Hopkins, Kris

Howarth, Sir Gerald

Howell, John

Hughes, rh Simon

Hunt, rh Mr Jeremy

Hunter, Mark

Huppert, Dr Julian

Hurd, Mr Nick

Jackson, Mr Stewart

James, Margot

Javid, Sajid

Jenkin, Mr Bernard

Johnson, Gareth

Johnson, Joseph

Jones, Andrew

Jones, rh Mr David

Jones, Mr Marcus

Kawczynski, Daniel

Kelly, Chris

Kennedy, rh Mr Charles

Kirby, Simon

Knight, rh Sir Greg

Kwarteng, Kwasi

Lamb, Norman

Lancaster, Mark

Lansley, rh Mr Andrew

Latham, Pauline

Laws, rh Mr David

Leadsom, Andrea

Lee, Dr Phillip

Leech, Mr John

Lefroy, Jeremy

Leigh, Sir Edward

Leslie, Charlotte

Letwin, rh Mr Oliver

Lewis, Brandon

Lidington, rh Mr David

Lilley, rh Mr Peter

Lloyd, Stephen

Lord, Jonathan

Loughton, Tim

Lumley, Karen

Main, Mrs Anne

Maude, rh Mr Francis

Maynard, Paul

McCartney, Jason

McCartney, Karl

McLoughlin, rh Mr Patrick

McPartland, Stephen

McVey, Esther

Menzies, Mark

Metcalfe, Stephen

Miller, rh Maria

Mills, Nigel

Milton, Anne

Mitchell, rh Mr Andrew

Moore, rh Michael

Mordaunt, Penny

Morgan, Nicky

Morris, Anne Marie

Morris, David

Morris, James

Mosley, Stephen

Mowat, David

Mundell, rh David

Munt, Tessa

Murray, Sheryll

Murrison, Dr Andrew

Neill, Robert

Newmark, Mr Brooks

Newton, Sarah

Nokes, Caroline

Norman, Jesse

Nuttall, Mr David

O'Brien, rh Mr Stephen

Offord, Dr Matthew

Ollerenshaw, Eric

Opperman, Guy

Ottaway, rh Sir Richard

Paice, rh Sir James

Parish, Neil

Patel, Priti

Paterson, rh Mr Owen

Pawsey, Mark

Penning, Mike

Penrose, John

Percy, Andrew

Phillips, Stephen

Pickles, rh Mr Eric

Pincher, Christopher

Poulter, Dr Daniel

Prisk, Mr Mark

Raab, Mr Dominic

Randall, rh Sir John

Reckless, Mark

Redwood, rh Mr John

Rees-Mogg, Jacob

Reid, Mr Alan

Rifkind, rh Sir Malcolm

Robathan, rh Mr Andrew

Robertson, Mr Laurence

Rogerson, Dan

Rosindell, Andrew

Rudd, Amber

Ruffley, Mr David

Russell, Sir Bob

Rutley, David

Sandys, Laura

Scott, Mr Lee

Selous, Andrew

Shapps, rh Grant

Sharma, Alok

Shelbrooke, Alec

Shepherd, Sir Richard

Simpson, Mr Keith

Skidmore, Chris

Smith, Chloe

Smith, Henry

Smith, Julian

Smith, Sir Robert

Soubry, Anna

Spencer, Mr Mark

Stanley, rh Sir John

Stephenson, Andrew

Stevenson, John

Stewart, Iain

Stewart, Rory

Streeter, Mr Gary

Stride, Mel

Stuart, Mr Graham

Stunell, rh Sir Andrew

Sturdy, Julian

Swales, Ian

Swayne, rh Mr Desmond

Swire, rh Mr Hugo

Syms, Mr Robert

Tapsell, rh Sir Peter

Teather, Sarah

Thornton, Mike

Thurso, John

Timpson, Mr Edward

Tomlinson, Justin

Tredinnick, David

Truss, Elizabeth

Turner, Mr Andrew

Tyrie, Mr Andrew

Uppal, Paul

Vaizey, Mr Edward

Vara, Mr Shailesh

Vickers, Martin

Villiers, rh Mrs Theresa

Walker, Mr Charles

Walker, Mr Robin

Wallace, Mr Ben

Walter, Mr Robert

Ward, Mr David

Watkinson, Dame Angela

Weatherley, Mike

Webb, Steve

Wharton, James

Wheeler, Heather

White, Chris

Whittaker, Craig

Whittingdale, Mr John

Wiggin, Bill

Willetts, rh Mr David

Williams, Stephen

Williamson, Gavin

Willott, Jenny

Wilson, Mr Rob

Wollaston, Dr Sarah

Wright, Jeremy

Wright, Simon

Yeo, Mr Tim

Young, rh Sir George

Zahawi, Nadhim

Tellers for the Noes:

Gavin Barwell

and

Karen Bradley

Question accordingly negatived.

14 Jan 2014 : Column 805

14 Jan 2014 : Column 806

14 Jan 2014 : Column 807

14 Jan 2014 : Column 808

6.9 pm

Proceedings interrupted (Programme Order, 11 November 2013).

The Deputy Speaker put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).

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.’.—(Jenny Chapman.)

Brought up.

Question put, That the clause be added to the Bill.

The House divided:

Ayes 239, Noes 318.

Division No. 178]

[

6.10 pm

AYES

Abbott, Ms Diane

Abrahams, Debbie

Ainsworth, rh Mr Bob

Alexander, rh Mr Douglas

Alexander, Heidi

Ali, Rushanara

Allen, Mr Graham

Anderson, Mr David

Ashworth, Jonathan

Austin, Ian

Bailey, Mr Adrian

Bain, Mr William

Balls, rh Ed

Barron, rh Kevin

Bayley, Hugh

Beckett, rh Margaret

Begg, Dame Anne

Benn, rh Hilary

Benton, Mr Joe

Berger, Luciana

Betts, Mr Clive

Blackman-Woods, Roberta

Blears, rh Hazel

Blenkinsop, Tom

Blomfield, Paul

Blunkett, rh Mr David

Bradshaw, rh Mr Ben

Brennan, Kevin

Brown, rh Mr Gordon

Brown, Lyn

Brown, rh Mr Nicholas

Brown, Mr Russell

Bryant, Chris

Burden, Richard

Burnham, rh Andy

Byrne, rh Mr Liam

Campbell, Mr Alan

Campbell, Mr Ronnie

Caton, Martin

Chapman, Jenny

Clark, Katy

Clarke, rh Mr Tom

Coaker, Vernon

Coffey, Ann

Connarty, Michael

Cooper, Rosie

Cooper, rh Yvette

Corbyn, Jeremy

Crausby, Mr David

Creagh, Mary

Creasy, Stella

Cruddas, Jon

Cryer, John

Cunningham, Alex

Cunningham, Mr Jim

Cunningham, Sir Tony

Curran, Margaret

Dakin, Nic

Danczuk, Simon

David, Wayne

Davidson, Mr Ian

Davies, Geraint

De Piero, Gloria

Denham, rh Mr John

Dobbin, Jim

Docherty, Thomas

Dodds, rh Mr Nigel

Donaldson, rh Mr Jeffrey M.

Donohoe, Mr Brian H.

Doran, Mr Frank

Dowd, Jim

Dromey, Jack

Dugher, Michael

Durkan, Mark

Eagle, Maria

Efford, Clive

Elliott, Julie

Ellman, Mrs Louise

Esterson, Bill

Evans, Chris

Farrelly, Paul

Field, rh Mr Frank

Fitzpatrick, Jim

Flello, Robert

Flint, rh Caroline

Flynn, Paul

Francis, Dr Hywel

Gapes, Mike

Gardiner, Barry

Gilmore, Sheila

Glass, Pat

Glindon, Mrs Mary

Godsiff, Mr Roger

Goodman, Helen

Greatrex, Tom

Green, Kate

Greenwood, Lilian

Griffith, Nia

Gwynne, Andrew

Hain, rh Mr Peter

Hamilton, Mr David

Hamilton, Fabian

Hanson, rh Mr David

Harris, Mr Tom

Harvey, Sir Nick

Havard, Mr Dai

Healey, rh John

Hendrick, Mark

Hepburn, Mr Stephen

Hermon, Lady

Heyes, David

Hillier, Meg

Hodge, rh Margaret

Hodgson, Mrs Sharon

Hoey, Kate

Howarth, rh Mr George

Hunt, Tristram

Irranca-Davies, Huw

Jackson, Glenda

Jamieson, Cathy

Jarvis, Dan

Johnson, rh Alan

Johnson, Diana

Jones, Graham

Jones, Helen

Jones, Mr Kevan

Jones, Susan Elan

Jowell, rh Dame Tessa

Kaufman, rh Sir Gerald

Keeley, Barbara

Kendall, Liz

Khan, rh Sadiq

Lammy, rh Mr David

Lavery, Ian

Lazarowicz, Mark

Leslie, Chris

Lewell-Buck, Mrs Emma

Lewis, Mr Ivan

Llwyd, rh Mr Elfyn

Long, Naomi

Lucas, Caroline

Lucas, Ian

Mahmood, Mr Khalid

Mahmood, Shabana

Malhotra, Seema

Marsden, Mr Gordon

McCabe, Steve

McCann, Mr Michael

McCarthy, Kerry

McClymont, Gregg

McCrea, Dr William

McDonald, Andy

McDonnell, John

McFadden, rh Mr Pat

McGovern, Alison

McGuire, rh Mrs Anne

McKechin, Ann

McKenzie, Mr Iain

McKinnell, Catherine

Meacher, rh Mr Michael

Meale, Sir Alan

Mearns, Ian

Miller, Andrew

Mitchell, Austin

Moon, Mrs Madeleine

Morden, Jessica

Morrice, Graeme

(Livingston)

Morris, Grahame M.

(Easington)

Munn, Meg

Murphy, rh Mr Jim

Murphy, rh Paul

Murray, Ian

Nandy, Lisa

Nash, Pamela

O'Donnell, Fiona

Onwurah, Chi

Osborne, Sandra

Owen, Albert

Pearce, Teresa

Perkins, Toby

Powell, Lucy

Raynsford, rh Mr Nick

Reed, Mr Jamie

Reed, Mr Steve

Reeves, Rachel

Reynolds, Emma

Reynolds, Jonathan

Riordan, Mrs Linda

Ritchie, Ms Margaret

Rotheram, Steve

Roy, Mr Frank

Roy, Lindsay

Ruane, Chris

Ruddock, rh Dame Joan

Sarwar, Anas

Sawford, Andy

Seabeck, Alison

Shannon, Jim

Sharma, Mr Virendra

Sheerman, Mr Barry

Sheridan, Jim

Shuker, Gavin

Simpson, David

Skinner, Mr Dennis

Slaughter, Mr Andy

Smith, rh Mr Andrew

Smith, Angela

Smith, Nick

Smith, Owen

Spellar, rh Mr John

Straw, rh Mr Jack

Stringer, Graham

Stuart, Ms Gisela

Sutcliffe, Mr Gerry

Tami, Mark

Thomas, Mr Gareth

Thornberry, Emily

Timms, rh Stephen

Trickett, Jon

Turner, Karl

Twigg, Derek

Twigg, Stephen

Vaz, rh Keith

Vaz, Valerie

Walley, Joan

Watson, Mr Tom

Watts, Mr Dave

Whitehead, Dr Alan

Williams, Hywel

Williams, Mr Mark

Williams, Roger

Williamson, Chris

Wilson, Phil

Winnick, Mr David

Winterton, rh Ms Rosie

Wood, Mike

Woodcock, John

Wright, David

Wright, Mr Iain

Tellers for the Ayes:

Bridget Phillipson

and

Julie Hilling

NOES

Adams, Nigel

Afriyie, Adam

Aldous, Peter

Alexander, rh Danny

Amess, Mr David

Andrew, Stuart

Arbuthnot, rh Mr James

Bacon, Mr Richard

Baker, Norman

Baker, Steve

Baldry, rh Sir Tony

Baldwin, Harriett

Barclay, Stephen

Barker, rh Gregory

Baron, Mr John

Bebb, Guto

Beith, rh Sir Alan

Bellingham, Mr Henry

Benyon, Richard

Beresford, Sir Paul

Berry, Jake

Bingham, Andrew

Binley, Mr Brian

Birtwistle, Gordon

Blackman, Bob

Blackwood, Nicola

Boles, Nick

Bottomley, Sir Peter

Brady, Mr Graham

Brake, rh Tom

Bray, Angie

Brazier, Mr Julian

Bridgen, Andrew

Brine, Steve

Brokenshire, James

Brooke, Annette

Browne, Mr Jeremy

Bruce, Fiona

Bruce, rh Sir Malcolm

Buckland, Mr Robert

Burley, Mr Aidan

Burns, Conor

Burns, rh Mr Simon

Burrowes, Mr David

Burstow, rh Paul

Burt, rh Alistair

Burt, Lorely

Byles, Dan

Cable, rh Vince

Cairns, Alun

Cameron, rh Mr David

Campbell, rh Sir Menzies

Carmichael, rh Mr Alistair

Carswell, Mr Douglas

Chishti, Rehman

Chope, Mr Christopher

Clappison, Mr James

Clegg, rh Mr Nick

Clifton-Brown, Geoffrey

Coffey, Dr Thérèse

Collins, Damian

Colvile, Oliver

Cox, Mr Geoffrey

Crabb, Stephen

Crockart, Mike

Crouch, Tracey

Davey, rh Mr Edward

Davies, David T. C.

(Monmouth)

Davies, Glyn

Davies, Philip

de Bois, Nick

Dinenage, Caroline

Djanogly, Mr Jonathan

Dorrell, rh Mr Stephen

Doyle-Price, Jackie

Drax, Richard

Duddridge, James

Duncan Smith, rh Mr Iain

Dunne, Mr Philip

Ellis, Michael

Ellison, Jane

Ellwood, Mr Tobias

Elphicke, Charlie

Eustice, George

Evans, Graham

Evans, Jonathan

Evans, Mr Nigel

Evennett, Mr David

Fabricant, Michael

Fallon, rh Michael

Farron, Tim

Featherstone, Lynne

Field, Mark

Foster, rh Mr Don

Fox, rh Dr Liam

Francois, rh Mr Mark

Freeman, George

Freer, Mike

Fuller, Richard

Gale, Sir Roger

Garnier, Sir Edward

Garnier, Mark

Gauke, Mr David

Gibb, Mr Nick

Gillan, rh Mrs Cheryl

Glen, John

Goldsmith, Zac

Goodwill, Mr Robert

Gove, rh Michael

Graham, Richard

Grant, Mrs Helen

Grayling, rh Chris

Green, rh Damian

Grieve, rh Mr Dominic

Griffiths, Andrew

Gummer, Ben

Gyimah, Mr Sam

Halfon, Robert

Hammond, rh Mr Philip

Hammond, Stephen

Hancock, Mr Mike

Hands, Greg

Harper, Mr Mark

Harrington, Richard

Harris, Rebecca

Hart, Simon

Haselhurst, rh Sir Alan

Hayes, rh Mr John

Heald, Oliver

Heath, Mr David

Heaton-Harris, Chris

Hemming, John

Henderson, Gordon

Hendry, Charles

Herbert, rh Nick

Hinds, Damian

Hoban, Mr Mark

Hollingbery, George

Hollobone, Mr Philip

Hopkins, Kris

Howarth, Sir Gerald

Howell, John

Hughes, rh Simon

Hunt, rh Mr Jeremy

Hunter, Mark

Huppert, Dr Julian

Hurd, Mr Nick

Jackson, Mr Stewart

James, Margot

Javid, Sajid

Jenkin, Mr Bernard

Johnson, Gareth

Johnson, Joseph

Jones, Andrew

Jones, rh Mr David

Jones, Mr Marcus

Kawczynski, Daniel

Kelly, Chris

Kennedy, rh Mr Charles

Kirby, Simon

Knight, rh Sir Greg

Kwarteng, Kwasi

Lamb, Norman

Lancaster, Mark

Lansley, rh Mr Andrew

Latham, Pauline

Laws, rh Mr David

Leadsom, Andrea

Lee, Dr Phillip

Leech, Mr John

Lefroy, Jeremy

Leigh, Sir Edward

Leslie, Charlotte

Letwin, rh Mr Oliver

Lewis, Brandon

Lidington, rh Mr David

Lilley, rh Mr Peter

Lloyd, Stephen

Lord, Jonathan

Loughton, Tim

Lumley, Karen

Main, Mrs Anne

Maude, rh Mr Francis

May, rh Mrs Theresa

Maynard, Paul

McCartney, Jason

McCartney, Karl

McIntosh, Miss Anne

McLoughlin, rh Mr Patrick

McPartland, Stephen

McVey, Esther

Menzies, Mark

Metcalfe, Stephen

Miller, rh Maria

Mills, Nigel

Milton, Anne

Moore, rh Michael

Mordaunt, Penny

Morgan, Nicky

Morris, Anne Marie

Morris, David

Morris, James

Mosley, Stephen

Mowat, David

Mulholland, Greg

Mundell, rh David

Munt, Tessa

Murray, Sheryll

Murrison, Dr Andrew

Neill, Robert

Newmark, Mr Brooks

Newton, Sarah

Nokes, Caroline

Norman, Jesse

Nuttall, Mr David

O'Brien, rh Mr Stephen

Offord, Dr Matthew

Ollerenshaw, Eric

Opperman, Guy

Ottaway, rh Sir Richard

Paice, rh Sir James

Parish, Neil

Patel, Priti

Paterson, rh Mr Owen

Pawsey, Mark

Penning, Mike

Penrose, John

Percy, Andrew

Phillips, Stephen

Pickles, rh Mr Eric

Pincher, Christopher

Poulter, Dr Daniel

Prisk, Mr Mark

Pugh, John

Raab, Mr Dominic

Randall, rh Sir John

Reckless, Mark

Redwood, rh Mr John

Rees-Mogg, Jacob

Reid, Mr Alan

Rifkind, rh Sir Malcolm

Robathan, rh Mr Andrew

Robertson, Mr Laurence

Rogerson, Dan

Rosindell, Andrew

Rudd, Amber

Ruffley, Mr David

Russell, Sir Bob

Rutley, David

Sandys, Laura

Scott, Mr Lee

Selous, Andrew

Shapps, rh Grant

Sharma, Alok

Shelbrooke, Alec

Shepherd, Sir Richard

Simpson, Mr Keith

Skidmore, Chris

Smith, Chloe

Smith, Henry

Smith, Julian

Smith, Sir Robert

Soubry, Anna

Spencer, Mr Mark

Stanley, rh Sir John

Stephenson, Andrew

Stevenson, John

Stewart, Iain

Stewart, Rory

Streeter, Mr Gary

Stride, Mel

Stuart, Mr Graham

Stunell, rh Sir Andrew

Sturdy, Julian

Swales, Ian

Swayne, rh Mr Desmond

Swire, rh Mr Hugo

Syms, Mr Robert

Tapsell, rh Sir Peter

Teather, Sarah

Thornton, Mike

Thurso, John

Timpson, Mr Edward

Tomlinson, Justin

Tredinnick, David

Truss, Elizabeth

Turner, Mr Andrew

Tyrie, Mr Andrew

Uppal, Paul

Vaizey, Mr Edward

Vara, Mr Shailesh

Vickers, Martin

Villiers, rh Mrs Theresa

Walker, Mr Charles

Walker, Mr Robin

Wallace, Mr Ben

Walter, Mr Robert

Ward, Mr David

Watkinson, Dame Angela

Weatherley, Mike

Webb, Steve

Wharton, James

Wheeler, Heather

White, Chris

Whittaker, Craig

Whittingdale, Mr John

Wiggin, Bill

Willetts, rh Mr David

Williams, Stephen

Williamson, Gavin

Willott, Jenny

Wilson, Mr Rob

Wollaston, Dr Sarah

Wright, Jeremy

Wright, Simon

Yeo, Mr Tim

Young, rh Sir George

Zahawi, Nadhim

Tellers for the Noes:

Gavin Barwell

and

Karen Bradley

Question accordingly negatived.

14 Jan 2014 : Column 809

14 Jan 2014 : Column 810

14 Jan 2014 : Column 811

14 Jan 2014 : Column 812

Clause 2

Supervision after end of sentence

Amendments made: 1, page 2, line 39, leave out

‘an officer of a provider of probation services’

and insert ‘a person’.

Amendment 2, page 2, line 42, at end insert—

‘( ) In relation to a person subject to supervision requirements under this section following a sentence of detention under section 91 of the Sentencing Act, the supervisor must be—

(a) an officer of a provider of probation services, or

(b) a member of the youth offending team established by the local authority in whose area the offender resides for the time being.

( ) In relation to any other person, the supervisor must be an officer of a provider of probation services.’.—(Jeremy Wright.)

14 Jan 2014 : Column 813

Clause 4

Supervision of certain young offenders after release from detention

Amendment made: 3, page 5, line 6, at end insert—

‘( ) In subsection (2)(c), omit “if the offender is under the age of 18 years at the date of release,”.’.—(Jeremy Wright.)

Clause 6

Supervision of certain young offenders after detention and training order

Amendment made: 4, page 7, leave out lines 42 and 43 and insert—

‘(4) “The supervisor”, in relation to the offender, must be—’.—(Jeremy Wright.)

Clause 15

Rehabilitation activity requirement

Amendment made: 5, page 14, line 12, at end insert—

‘, such as restorative justice activities.

‘(4) For the purposes of subsection (7)(b) an activity is a restorative justice activity if —

(a) the participants consist of, or include, the offender and one or more of the victims,

(b) the aim of the activity is to maximise the offender’s awareness of the impact of the offending concerned on the victims, and

(c) the activity gives a victim or victims an opportunity to talk about, or by other means express experience of, the offending and its impact.

(5) In subsection (7A) “victim” means a victim of, or other person affected by, the offending concerned.’.—(Jeremy Wright.)

Schedule 3

Release and supervision: minor and consequential provision

Amendment made: 6, page 34, leave out lines 28 to 30 and insert—

‘(1) For paragraph (i) substitute—

(a) post-release supervision in accordance with a licence under section 31 of the Crime (Sentences) Act 1997 or section 250 of the Criminal Justice Act 2003 of a person sentenced to detention under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000, section 226, 226B or 228 of the Criminal Justice Act 2003 or section 209, 218, 221, 221A or 222 of the Armed Forces Act 2006;

(b) post-release supervision under section 256B of the Criminal Justice Act 2003;

(c) supervision under section 256AA of the Criminal Justice Act 2003 of a person sentenced to detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 209 of the Armed Forces Act 2006;”.’.—(Jeremy Wright.)

Third Reading

6.21 pm

The Lord Chancellor and Secretary of State for Justice (Chris Grayling): I beg to move, That the Bill be now read a Third time.

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I thank all right hon. and hon. Members who served in Committee and those who have spoken on Report. The Bill contained many excellent measures when it was introduced in the other place last May, but following the House’s scrutiny it returns there with important improvements.

Before I set out the detail of the Bill as it is now, and although words have already been said in the House on this, it would be appropriate to refer to the tragic loss of the Member for Wythenshawe and Sale East, who played an active role in the debate on the Bill. The news we heard at Christmas time was distressing for hon. Members on both sides of the House. He will be much missed. All involved in the Bill send our best wishes to his family.

On restorative justice, the Bill gives many more victims the means to bring home the impact that crime has had on them. On drug testing, the Bill provides for testing after release for a wider range of offenders whose drug abuse contributes to their offending. For offenders who enter the justice system as juveniles but leave as adults, the Bill gives the support they need, either from an adult probation provider or a youth offending team, whichever is best suited to their needs.

I commend the excellent work in Committee of the Under-Secretary of State for Justice, my hon. Friend the Member for Kenilworth and Southam (Jeremy Wright), who has responsibility for prisons and rehabilitation, and who has done a fine job of leading on the Bill to this stage. I pay tribute to those on the Opposition Front Bench for engaging in lively and constructive debate. We may not always agree on the detail, but this has been a constructive debate of the kind that does credit to the House. I also thank the Clerks and the Bill team in the Ministry of Justice for their advice and support.

For too long, the criminal justice system’s efforts to reduce reoffending have been hampered by a major gap in the law—the lack of any statutory supervision for offenders released from short prison sentences. As a result, the most prolific offenders have historically received the least support. The Bill will change that. It will put an end to offenders who cause havoc in our constituencies leaving prison with only £46 in their pockets and little or no support. It is not a surprise that about 60% of them go on to reoffend within a year. It is often easier for them to return to a life of crime than to sort their lives out. The Bill begins to address that huge problem.

The human cost of not providing support for that group is enormously high: 85,000 crimes every year, including hundreds of serious sexual and violent offences. The Bill will significantly reduce the terrible harm that that group of offenders currently causes to victims and communities. It will also help those people to turn their lives around.

The Bill will give 12 months of licence and supervision after release to every offender who is given a short sentence. That will give those working with them the time and professional discretion to deliver the rehabilitation necessary to provide proper mentoring support after offenders leave prison to help them turn their lives around. It will create a light-touch framework for dealing with breach of supervision that allows for sanctions in the community or a warning, as well as a return to custody. It will expand the group of offenders who can be tested for drugs after release from prison to tackle what is a major cause of reoffending, and it will make

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reforms to the community sentencing framework to create equivalent flexibility and discretion to what we are creating for post-release supervision and mentoring. All of those are sensible and long-overdue reforms. They will, I believe, make major inroads into the current reoffending rate of nearly 60% for short sentence offenders. They should command the unanimous support of this House.

It has been disappointing to see a long list of flawed wrecking amendments from the Opposition to our wider reforms to probation that are the polar opposite of policies that only three years ago they supported, and which they seek to undo even though they emanate from their own Offender Management Act 2007. What they have tried to undo are reforms to the supervision of offenders that will harness all sectors, bringing in the right expertise from the voluntary, community and private sectors to reinforce the work of the public sector. The reforms will bring new ideas and new approaches to rehabilitation and will deliver more for less for the taxpayer. Crucially, they will finally deliver a proper through-the-gate resettlement service for offenders leaving custody, so that support starts well before people leave prison and follows them through the gate in a seamless way. They will create a new, single national probation service dedicated to managing offenders who pose the highest risk to the public, working alongside 21 community rehabilitation companies drawing on the best of other sectors.

I am happy to say, too, that following intensive negotiations before Christmas, in principle an agreement has been reached with the trade unions on the terms and conditions for staff transferring to the new organisations. We are currently awaiting ratification by the formal probation collective negotiating machinery later this month. The unions have written to all their branches, making it clear that local trade disputes are suspended pending ratification, after which the disputes will be formally withdrawn.

The great irony of all this is that the Opposition’s approach to reducing reoffending when in government was very similar, recognising that organisations from a range of sectors have something to offer offenders. I remind the House once more of what Lord Reid said on this topic when Home Secretary:

“The Secretary of State, not the probation boards,”—

as they were then—

“will be responsible for ensuring service provision by entering into contracts with the public, private or voluntary sectors. With that burden lifted, the public sector can play to its strengths while others play to theirs.”—[Official Report, 11 December 2006; Vol. 454, c. 593.]

That is precisely what these reforms do. I could not agree more with him. That is why the Offender Management Act gave wide powers to commission probation services from across all sectors, yet only a few years on it is disappointing to see that the Opposition have returned to many of their roots and want to forget that they ever passed the 2007 Act.

In spite of that, the right hon. Member for Tooting (Sadiq Khan) said on Second Reading:

“we agree with the broad objectives of the Bill.”—[Official Report, 11 November 2013; Vol. 570, c. 671.]

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I very much hope that this remains his position, and that right hon. and hon. Members on the Opposition Benches will join us in giving the Bill a Third Reading tonight. It is a Bill about giving rehabilitation to a group of offenders who desperately need it. It is about reducing the 85,000 crimes committed against individuals and communities across the country. It is about giving those working with offenders much greater freedom to pursue what works in stopping offenders, without all the constraints that can often exist within the public sector and without central diktat. It is about taking action for the victims of the 85,000 crimes committed by those short sentence offenders every year. Last but not least, it is a long overdue offer of rehabilitation to offenders who have been let down by the rest of society.

The Bill is designed, no more and no less, to fill a gap that is wholly unjustifiable in our criminal justice system. We cannot go on for year after year with people who are most likely to reoffend released from prison with £46 in their pocket, and with nowhere to go and no one to support and mentor them. More often than not, they simply return to the same streets and the same people, and reoffend all over again. The Opposition might not like our approach to these reforms, but in government they looked themselves at trying to do the same, and decided they could not. If they understand the importance of the step we are taking, they should at least give us credit for following a line that we believe could make the difference we have all sought for so long, and I urge the House to give the Bill its Third Reading tonight.