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COMMISSION ON THE POWERS AND ELECTORAL ARRANGEMENTS OF THE NATIONAL ASSEMBLY FOR WALES

MINUTES OF PROCEEDINGS of the EVIDENCE OF MARK PERFECT,YOUTH JUSTICE BOARD held at Committee Room 4B House of Lords, Westminster on Friday, 14th March 2003

LORD RICHARD: Thank you very much for coming. The procedure we have been adopting with most witnesses is to ask you to introduce yourself and your colleagues for the sake of the record and if you would be kind enough to open up the issues for 5 or 10 minutes, and then perhaps we can ask you questions after that.

MR PERFECT: Thank you very much. I am Mark Perfect, I am the Chief Executive of the Youth Justice Board for England and Wales, which is a non-departmental public body established to reform the youth justice system. My colleague is Sue Williams, who is our manager in Wales and previously a manager of a Welsh young offending team.

The Youth Justice Board stems out of an Audit Commission report, which I helped to do in 1995/96, which looked at what was happening to young offenders in England and Wales. The conclusion of that was we were spending about , 1 billion processing people through the criminal justice system and doing very little, if anything, with them as a result of that. It was taking an average of 5 months from arrest to sentence and once they were sentenced they were supervised by social services who were required by law to allocate resources according to the needs of the child. The social work profession did not see offending as a good reason for providing a service to the child. Very little was being done. A few, very few were falling into custody, where they were warehoused, frankly, and there were a series of reports from the inspectorate saying that in some of these institutions these children had been locked up for 23 hours a day, 4 days a week and nothing was being done with them.
The attitude of the Home Office, the Lord Chancellor's Department and the Crown Prosecution Service when we came to present the findings to them privately was to ask the Audit Commission not to publish the report on the grounds that there was no such thing as a youth justice system. They said it was wrong to look at the police alongside the probation service, alongside the courts, alongside social services and the education service because they were constitutionally different. The Commission took a view, the social policy departments took a different view and the Commission did publish.
The Labour Party took a lot of the thinking behind the Audit Commission Report and they made it Labour Party policy. One of the 5 promises the Labour Party made the nation when it came to power was they would halve the time from arrest to sentence, which was like a token of importance they gave the youth justice reforms. The Labour Party took the view that they had to establish a public body to drive these reforms through or they would not happen because of the attitude of the Legal Services Departments. That is the genesis of the Youth Justice Board. It sits at the overlap between the Criminal Justice System, which are the police, the Crown Prosecution Service, the magistrates' court, crown courts, prisons and services for children, by which I mean the education service, social services, the youth service and other positive activities for children, including the health service, which is very important.

In the criminal justice system the children are at the margin and in the children services the criminal justice system is at the margin. The job of the Board is to make both those systems focus on those children who are offending, both to help the children get into more positive things and also to help potential victims as we prevent re-offending. That is what drives the Board. The statutory aim of the youth justice system is to prevent offending by young children and all of the work we do is devoted to delivering that aim. I can say a little more about how we go about doing that if that would be helpful.

The 5 statutory functions of the Board are to give advice to the Government. We are not part of the Government, we are a non-departmental public body. We are not civil servants, we are public servants. We give advice to the government. We monitor the youth justice system. We identify and promote effective practice. We issue grants in support of those functions. We Commission and purchase places and secure facilities, that was a function added after the Board started, and we place young people in secure facilities. That is perhaps the one executive function that we have. We do not deal with young offenders, they are dealt with by the youth offending teams. These are multi-agency bodies established by social services, education, police and the health service working together. There are now 17 youth offending teams in Wales and around 140 in England, they deal with young offenders in the community.
If they get sentenced to secure facilities we place them in secure facilities. At the moment in Wales there are about 12 beds in Hillside and 28 in Park, the other young people having to be placed in England. We are actively looking for somewhere to build a secure establishment in Wales. That is proving controversial but it is something that we will keep looking at. I hope that gives a brief flavour of what we do.

LORD RICHARD: Yes, thank you very much indeed. What we are most interested in is the practical implications of trying to run a system in both Wales, and in England and Wales on top of it, and the extent to which the Assembly's powers or actions influence the way in which you do your job and indeed whether or not that needs to be looked at and needs changing?

We are coming at it, so to speak, from not quite the statutory side but from the point of view of the responsibility side as to where you come from and whether the structures that are in place at the moment make sense. Perhaps Viv Sugar, who knows more about this than I do, would like to start.

VIVIENNE SUGAR: I think perhaps we ought to share with Mark and Sue why we were particularly anxious to have you come as witnesses, we were being told when we started taking evidence 6 months ago that this whole area was an example of initial difficulty and that the relationship had not got off to a good start and there was still a lack of clarity between the responsibility of the Board, the responsibility of the Home Office and the responsibility of the Assembly. We would like you to talk about what you have done to try and make it work and to try and improve things and whether you feel that there are still things that could be done and should be done in order to almost be an example to other agencies of how a United Kingdom non-devolved body can actually work within a devolved system?

MR PERFECT: I am surprised and interested, and in another forum I will ask a little more about that meeting. I must address the question you put to me. I have a concordat with the Home Office which sets out what the Youth Justice Board does and what the Home Office does. The Home Office gives advice on legislation and the Youth Justice Board fills the gap between the centre and the local services. All of the members are appointed by the Home Secretary and most of the staff are people who have worked in local services dealing with young offenders.

LORD RICHARD: Can you give us the date of the concordat with the Home Office?
MR PERFECT: The Board was established on 30 September 1998.
LORD RICHARD: It was before that.
MR PERFECT: It was round that time it was signed.

TED ROWLANDS: Pre devolution

MR PERFECT: Pre devolution, that is right. From the start I have had quarterly meetings, and it is quarterly in theory, in practice it is three times a year meetings with the officials, first in the Welsh Office and now in the Welsh Assembly. The purpose of those meetings is to make sure that communications between the Board and the Welsh Assembly are going according to plan. It also provides a useful check of all of the things we are doing. I do not think at any of those meetings people have raised the relationship of the Youth Justice Board as a matter of concern, they have always been most friendly, most welcoming to the fact that we make the effort to go to Cardiff and have these chats.

From my point of view the contact point I have been asked to deal with in the Welsh Assembly has changed fairly often. David O'Hearn is the contact now, it was David O'Hearn two and a half years ago, in the intervening period it has been Norma Barry and it was somebody else before David O'Hearn. There has been continuity at a working level, there is a man called Richard Parry, who has been the HEO responsible for youth justice in the Welsh Office and throughout the time of the Welsh Assembly. At grade 7, Peter Jones has been there a couple of years now and the relationships are excellent with them.

At the start when it was the Welsh Office Alun Michael was heavily involved, he was the junior minister in the Home Office responsible, he was a key architect of youth justice reforms and he continues to take an interest, and has always done so. From the political aspect there has always been links with politicians in Wales. The one difference with what happened under the Welsh Office and what happened under the Welsh Assembly is whereas I have always sought to influence the officials in the Welsh Office and the Welsh Assembly, and to make sure that the Welsh Office and the Welsh Assembly feel they can influence us, I now have through the All Wales Youth Strategy Group a forum in which I can talk with Jane Hutt.

There are some things quite rightly and properly under devolution that Wales are doing differently from England. There is a key point, which is round targeting. One of the things the Board is very keen to do is make sure that you actually engage with the children who are most at risk of offending. This is a policy not liked by the services that deal with children who think they should engage with children on the basis of need. They like dealing with the friendly children, the children whose parents make appointments, the children who turn up for appointments and the children who do not damage their buildings. The children who are at risk of offending do not have those characteristics by and large, they may damage the building, they may not turn up for appointments, their parents may be rude to you but they are the people we need to get services to. In both England and Wales there is an active dialogue to be had with the services to encourage them to engage with that.
In England we have made a bit of progress, some of the money given to the Children's Fund has been ring-fenced in England, that has to be spent in partnership with Youth offending teams (Yots) on preventative work. The connexions service in England has adopted the target of helping to get 90 per cent of young offenders in to education and training during sentence. The equivalent services in Wales have not chosen to go down that route. The Welsh Assembly has taken the view that it needs to delegate as much of its money as it can to local authorities without conditions. The equivalent streams of money do not have conditions about engaging with that targeted preventive work. The Welsh Assembly officials who were engaged did not want to go down that route. Through the All Wales Youth Offending Group I can mention our concern to Jane Hutt - and have done so. With the Welsh Assembly we are currently working up an All Wales Youth Strategy which discusses this point about how far preventive work should be general for everyone and how far we should engage with those and the local community concerned. That is in draft and it is being sorted out in an orderly way.

LORD RICHARD: What happens to that? You say you are working it out with the Assembly people, not with Whitehall.

MR PERFECT: No, this is a Welsh thing. It is not just the Welsh Assembly, the All Wales Youth Strategy Group has been convened by Jane Hutt and the Youth Justice Board and includes Local Authorities the Probation Service
LORD RICHARD: It is under the umbrella of the Assembly.
MR PERFECT: It is a joint initiative, yes

LORD RICHARD: The All Welsh Youth Strategy produces its report, does that then have to go back to London or is that then Welsh and everyone says fine?

MR PERFECT: That is Welsh.

LORD RICHARD: Funding?

MR PERFECT: The funding comes down through the Barnett Formula and each time some money is agreed for an English service five eighty-fifths gets given to the Welsh Assembly, who then have the freedom to decide how to use it, they do not have to use it for the same things they do in England, that is their choice.

VIVIENNE SUGAR: When I was talking about relationships I did not mean personal, I was talking more about institutional relationships and the measures you have taken to accommodate devolution, which have included these three meetings a year with officials, it has included helping to set up the All Wales Group and participating in that, it has included recruiting a representative of Wales on to the Board, it has now included the establishment of a Welsh manager, and some of this has built up over time, what I was trying to get you to paint a picture of was how does a United Kingdom based agency responds to devolution by coming up with these kind of measures, because there could well be things you have done in the light of experience which could apply to other organisations.
MR PERFECT: I am being too defensive, sorry. I think one of the things that characterises the Youth Justice Board is I try to apply what I learned at the Audit Commission, classic management consultancy. My previous experience was in the classic civil service, the Treasury and a short time at the Home Office. At the Audit Commission you are expected to go out and ask what the problems are, articulate that and go back and ask them if they have any ideas what the solutions might be.
As the Youth Justice Board goes about its business we aim to go out to the areas dealing with young offenders, including Wales, and ask them what the problems are, articulate that and ask them if they have any idea what the solutions are. We are staffed by people who worked in those services. I believe whatever area of policy I work in I would apply this approach. You need the staff who have worked in local services because they have the contacts, they speak the same language as the people you are trying to influence. That influencing role is vital to getting buy-in to the policy. The Government has lots and lots of policy but the implementation of them is very patchy. I believe we are successful in the implementation of the policy because we have people like Sue who have worked in the service, who have the contacts. Building up the role of Sue comes from a dialogue with the Welsh Assembly, it is not just a matter of sitting in a room and thinking about the theoretical model and applying it, it comes from conversations, ie asking the Welsh Assembly what they have and responding to it.

VIVIENNE SUGAR: That is describing the relationship with the Welsh Assembly Government, what about the relationship with the Assembly? One of the things we are interested in is how the Assembly's committees scrutinise the work of non-governmental bodies, have you had the experience of going before an Assembly committee?

MR PERFECT: No, but I would be happy to do so if asked. When Alun Michael was taking a keen interest he often gathered enormous numbers of officials and he took away the things very keenly. Currently it is Jane Hutt who chairs it, I have talked with Jane Hutt but I have not yet got to the stage of probing how she is dealing with the Assembly.

MS WILLIAMS: It is not something that we have ever done, again it is something that I would be quite happy to do if asked.

VIVIENNE SUGAR: Perhaps I can come back later.
TOM JONES: What about the funding issue, did you say it was the Barnett Formula split you had?

MR PERFECT: Our two main streams of money are for funding grants to youth offending teams and payments we make to secure facilities. For the funding for youth offending teams we take five eighty-fifths of the money.

TOM JONES: What is five eighty-fifths?
MR PERFECT: This is the Barnett Formula, which goes back to Joel Barnett.

TOM JONES: I understand that. Why not 5 per cent? Is this a top-slicing element?

MR PERFECT: The Barnett Formula which was in the 1970s was originally based on population. Every now and again the Treasury, the Welsh and Scottish Assemblies have looked at revisiting it and they have decided not to. In order to avoid controversy I have just taken a general formula which the Government use and applied it to this.

TOM JONES: Before you distribute any funds or allocate any funds do you take out a top slice for your head quarters, your head office work? Where does your salary come from, is that from the core staff budget or is that part of the Wales allocation?

MR PERFECT: No, it is the grant to Yots which I treat in that way. My other monies are payments to secure facilities and a lot of that money is going to England because there are very few in Wales. We are actively trying to build a secure facility in Wales. We found a site at Glynneath and having looked at 40 sites we have ended up on consultation on that. I have other streams of money, our running costs are about 3 per cent of our spending, a small research budget, a small programme for learning and development, which covers Wales, and we employ some national supporters to help people, they work in Wales as well.

TOM JONES: Board members, you say that you go along as a staff member to meet your counterparts in the Assembly, do any other board members take any strategic interest in Welsh interests?

MR PERFECT: They do.

TOM JONES: Is he the token Welsh person on the board or do all board members share an interest in Wales?

MR PERFECT: We have 12 board members and Howard Williamson takes the lead on Welsh issues- he would be representing the Youth Justice Board today but he is travelling to Lithuania, so he sends his apologies. Should we ever fail or bring advice to the Board which fails to take account of the Welsh perspective Howard would have a word with me and would say.  It is different in Wales, remember that, and I take that point.

The Chairman of the board, Lord Warner, took responsibility for Wales before Howard's appointment. Appointments to the Board are a matter for the Home Secretary. Initially we had a member who was born in Wales but not actively working in Wales, Janet Pareskava, who left to go to the Law Commission. When that vacancy arose we asked the Home Secretary to consult with the Welsh Assembly, and that consultation did take place, and Howard Williamson was appointed.

TOM JONES: If Howard was ever replaced or retired would you or the Home Office consult with the Welsh Assembly Government about an appointment from Wales?
MR PERFECT: We would actively encourage that. It is a matter for the Home Secretary. We want somebody who is seen visibly making sure we take account of the Welsh perspective.

TOM JONES: There is nothing in the concordat that you would expect that the Home Office would automatically consult with the Welsh Assembly Government?

MR PERFECT: No, that would be about how the Home Secretary acted and the concordat is about how officials act and the officials deal with business. It would be difficult for a Home Office official to constrain that.
TOM JONES: There has been no change pre devolution to the current state, no recognition in that process of the Assembly's existence?
MR PERFECT: In practice there has, when the vacancy arose we wrote to the Home Secretary and asked him to take account of that, so the Board has taken account of it in that way. The Home Secretary did take account of that advice so you could say that he recognised it too.
TED ROWLANDS: Given devolution is there not a case for a Welsh Youth Justice Board?
MR PERFECT: There is a case, it is not the Youth Justice Board's view that that should happen. The reason is that because Youth Justice covers so many services, the police, CPS, about 9 services in the criminal justice system and another 9 in children's services, we bring value because we have staff and board members from most of those different services. If you went for a Welsh equivalent - and we have about 140 staff - by scale you would end up with about 8 officers, and so they could not have the expertise of working in the police, working in the education service, working in the youth service, so you could not get that summation. I do not think you would have the economies of scale to usefully identify and promote effective practice or development skills. If you decide to group it otherwise and say, A okay there may not be enough youth justice experts , you would immediately go back to the position you had before the Board was established in 1998, where this was something which was marginal to the main responsibilities of other people and it would get neglected.
VIVIENNE SUGAR: Why could the Children's Commissioner not take it under his wing?

MR PERFECT: He could but he would be unlikely to get into the criminal justice system. There are two sorts of meetings I go to in Whitehall, one has the children's services there and the other has the criminal justice services there and we are the only people going along to both of those sets of discussions. Our points are very simple, in the children's services we make the point, please target these disruptive kids, who are actually the ones that are at risk of offending, and in the criminal justice meeting we say 24 per cent of offenders are young people, they have parents, they have schools and colleges and your policies need to reflect that.

Those conversations were not taking place before the Board was established. I think that life could go on without having a board in Wales or indeed in England but I think you would lose that focus, that spotlight very quickly.
TOM JONES: Do you have a Welsh language policy?
MR PERFECT: We have a Welsh language policy which is to produce material which is translated in to Welsh which may be used by Welsh offenders. In our first annual report we produced a page in Welsh, our second annual report was translated into Welsh but nobody sought the Welsh version. That is how we behave. A Welsh language order is currently being made and we are developing a Welsh language policy under that order, we are in that process.
PETER PRICE: The main focus of this Commission is about the powers of the National Assembly for Wales and it is with that sort of focus that I want to follow through. I think you have an interesting, contrasting perspective about all of this, I would like to just get at that contrasting perspective about powers. The first issue is, to what extent is the current division of powers causing difficulty? The first point is, to what extent is it causing difficulty for you? It would not surprise me, I go on, to find that it does not really cause any great difficulty for you because the whole nature of what you are doing is in any event to co-ordinate a disparate group of bodies, that is the whole point of what you are there for, and you, to that extent, make devolution work even better at a Welsh level by helping to bring things together and playing a part in that. It may be, therefore, that I need to extend my question, from your perspective what difficulties do the participants that you are bringing together have that that you have noticed, because their chain of command is split between London and Cardiff? Take the first point in case my assumption is wrong. Do you have difficulties in the current division of powers?

MR PERFECT: I do not have difficulties but they present challenges. We have the criminal justice services, where we have this common system, and we have the children's services, where we have different systems in England and Wales. We have the same discussions, the same difference of view with the English children's services as we do with the Welsh children's services, it is a question about targeting. I say targeting, they say labelling or exclusion. That is what we hear. The tensions are the same in both. The last time I spoke to Jane Hutt about it she wanted more help from the Youth Justice Board in influencing not just the Welsh Assembly officials but the Welsh Sports Council and the Welsh Arts Council and to get them to help with these problems. In London I have about 10 people working on policy, in Wales I have Sue, who I am using in a dual role, both to be influencing the Welsh Assembly policy and also to be out talking with youth offending teams and influencing them. That is a particular challenge for Sue. I will need to look at my resourcing of that as time goes by and the role gets built up. I think that that is the main difficulty that I am conscious of.

MS WILLIAMS: Just to echo, that it is increasingly difficult to cover adequately the two different social policy dimensions, they are diverging more and more. From the point of view of how our policy meshes with that and is relevant to it and takes the relevance of that it is becoming increasingly difficult, I think, to cover it effectively.

MR PERFECT: The two things being targeting and general.

MS WILLIAMS: Welsh social policy is diverging as it concerns children more and more from English social policy. It is also tends to be more universalist still rather than targeting, and that causes some difficulties.

MR PERFECT: This tension exists in England too, it is this tension between believing that delegating the resources to the local level gets the best results but actually injecting into that drawing from academic research, identifying and promoting effective practice frankly. As we delegate resources down to the local level we cannot expect everyone to be expert in what is effective practice. We think we have developed a model that has helped reconcile that. You will have gathered that targeting is part of our view on that. We have not succeeded in influencing the Welsh Assembly and the Welsh children's service as much as English services on that.

PETER PRICE: I pulled together two questions in effect, one was about the difficulties you had directly and the other was what you are perceiving as difficulties that the bodies you are co-ordinating have because of their internal splits of chain of command. Do you perceive such difficulties or because you are dealing with such a wide range really is that, as it were, beyond your scope or not something that you need worry about too much?

MR PERFECT: It particularly comes to the fore with the youth offending teams, and the youth offending teams have a relationship with the Welsh Assembly. Sue used to manage a youth offending team.

MS WILLIAMS: Youth offending teams themselves are groupings of people with disparate professional backgrounds, they are quite complicated little organisations. Youth offending teams themselves are members of two different systems in a way because they have to play a part and they are governed by social policy, which is set by the Welsh Assembly. They are also governed by criminal justice policy, which is the United Kingdom Government. I know this is true, because they complained to me about it, they do experience difficulties. Their perception at the moment is they would perceive that far more money is being spent in England in a targeted way on their client group to help their client group. Their feeling is they are a little hard done by at the moment.
MR PERFECT: More money spent by whom?

MS WILLIAMS: There is more money available for youth crime prevention, which is coming from other government department funding, rather than ours. In Wales because the nature of the policy is more universalist it is more difficult for them to see. They cannot see a discrete funding streams coming to them for their client groups. That represents their views because I know that is what they feel.

LORD RICHARD: Can I come back to the point Peter was on about divergence, you say Welsh policy is now beginning to diverge from English policy, does that cause great problems for you?
MR PERFECT: Insofar as the Welsh youth offending teams are not getting the same help in targeting work on young people who are likely to offend.

LORD RICHARD: Help from?

MR PERFECT: From the education service, from the youth service, from the health service in Wales. It causes a problem for us because our statutory duty is to give advice to people on how to prevent offending by children and young people.

LORD RICHARD: If Welsh policy goes in one direction and English policy goes in another direction your function is not to make sure the two are close together, your function is to help the Welsh in doing what it is that they want to do.

MR PERFECT: That is right. I accept that that is part of it. Our role is to influence people and I expect to be successful in different respects in different countries.

TOM JONES: Following on from that, in the absence of a Youth Justice Board for Wales or a sub board within your framework which will be accountable to the Assembly we are taking a big interest in scrutiny of non governmental departmental bodies within the Welsh Assembly context. There is already very close scrutiny through the committee system, you are a non-devolved body and a United Kingdom body so presumably the scrutiny as far as your activities in Wales are concerned is via Home Office scrutinisation. To what extent since devolution are you aware that when the Home Office scrutinises your work in Parliament that anybody at all asks you questions, whether it is a Welsh MP an AM on committee or an official in the Home Office? Your work in Wales is now dealing with more divergence, you are having to have an officer in Wales and put more resources in there, who actually scrutinises and who should scrutinise the work that is done in Wales?
MR PERFECT: In practice that is by Jane Hutt and the other people on the All Wales Strategy Group. Howard Williamson is a member of the Youth Justice Board who takes the lead responsibility for that. The All Wales Youth Strategy Group, which is jointly the Welsh Assembly and the Youth Justice Board is providing that function.
TOM JONES: Is that scrutiny in the definition that we are talking about?
VIVIENNE SUGAR: It does not have any Assembly Members on it, does it?
MS WILLIAMS: Jane Hutt.
VIVIENNE SUGAR: She is the Minister.

TOM JONES: She is not reporting back to a committee or has taken questions from a committee into the Assembly on their behalf.

MR PERFECT: I have absolutely no problem with Welsh Assembly Members being on there, we have local authority chief executives, chief police officers, it is not a government body.

VIVIENNE SUGAR: It is not actually a scrutiny body, it is a planning, co-ordinating and developmental body. What we are trying to get at is how could and should the Assembly's workings be adjusted to make sure there is accountability for what is happening in Wales.

LAURA McALLISTER: Can we go back to the point Tom made and Ted followed through about whether there is a need for a Welsh Youth Justice Board. In most cases the members are appointed by the home departments in Whitehall, which is the case in your instance, really it is fairly unsatisfactory just to have somebody taking a lead on Welsh affairs because by the nature of appointments to NDPBs they have a term of office, and there is no guarantee you would have a Welsh base or a Welsh knowledgeable member because the Assembly is not actually appointing, is it, it would be a Home Office decision?

MR PERFECT: From my point of view that is an interesting point, the Welsh Assembly could seek to appoint one or two of the members of the Youth Justice Board.

LAURA McALLISTER: What is your feel on that?

MR PERFECT: The Youth Justice Board is crystal clear, it would like to have a member that has a Welsh interest and seen to have a Welsh interest. That is the Board's view.

TOM JONES: I used to be a member of a United Kingdom body but there is a difference between a staff member and a chief executive actually reporting to an official and/or minister and a board member for Wales, or in my case I was chair of the Wales Committee, actually going to give evidence and give a briefing to ministers. There needs to be a development in your organisation.

MR PERFECT: I would be delighted if I was invited by the Welsh Assembly to give evidence about what we are doing, I would welcome such an invitation.

TED ROWLANDS: Something is rather more fundamental, I am on a learning curve, tell me if I have it right, fundamentally at the heart of your policy is this notion that you want money targeted for a very specific purpose, to achieve these offenders at risk, or these potential offenders, and that you want that money ring-fenced and dedicated to that particular policy objective. You are saying that the big divergence is that it is not a view held by Ms Hutt or the Assembly as a whole that such funding should occur in that way, it should be put into a local authority pot and "properly compete with other kinds of funding". Is that right?

MR PERFECT: That is the big difference.

TED ROWLANDS: It is a central difference.

MR PERFECT: The single most important thing the Youth Justice Board has done is to clarify the common objective. Nobody took responsibility for that.

TED ROWLANDS: You have a Welsh view that does not support that thrust at all.

MR PERFECT: People sign up to the objective but not to the means for delivering it. Another key thing is getting people to talk to each other. It has been done very well in Wales, the time from arrest to sentence is better in Wales than it is in England. I have been asked about the difficulties and differences and you have accurately summarised that, it is important but it is not the whole picture.

TED ROWLANDS: If you pursue this line it is going to become more significant, there is going to be a big difference. You are saying, Ms Williamson, on the ground the local offending teams feel there is money going to the English side and it is not coming to them in a direct fashion. Is that right?

MS WILLIAMS: That is the case at the moment. Over time they are able to see the effect on their client group of Welsh Assembly policies. It is just more difficult to spot where the money is going because of differences of approach to start off with.

TED ROWLANDS: Are you not going to become less and less relevant as a Board to the social policy and the way in which the Assembly decides it is going to go, a very different way, to tackle its problems.

MR PERFECT: If we did not develop a Welsh Youth Offending Strategy there could be a danger of that. We are developing a Welsh Youth Offending Strategy.

TED ROWLANDS: Is that going to be robust enough to overcome this fundamental?
MR PERFECT: It is going to be agreed with the Welsh Assembly and the local services in Wales about how Wales are going to go about doing it. We will use that dialogue to continue these discussions. At the moment the draft uses the tiering system that is used in the health service, first tier services, second tier services, third tier services and fourth tier services. It will discuss how far there is a need for intermediate service, that will be a continual dialogue as long as children offend.

VIVIENNE SUGAR: Is it not the case the reason that the Assembly is able to move forward with the idea of a Wales Youth Offending Strategy is because it is paying 70 per cent of the cost of this system in Wales, and because it is the major stakeholder it is in a slightly better position with you than it might be with some other agencies?

MR PERFECT: Yes. 70 per cent of the interventions in the community are coming from the health service, the education service and the Welsh service. Too much of our money is spent on the secure side and over time we want to switch from the secure side into the community. We think the community is more effective. You are right to remind people we are advising and influencing the handling of youth offenders being done by the Welsh services in Wales.

VIVIENNE SUGAR: If I can ask about the secure estate, there was a lot of disquiet in Wales about the lack of local provision for a long time before the Board was able to move on it, there is still disquiet, and it is reflected in your paper, about the provision for female young offenders. To what extent do you engage the Assembly in talking about the secure estates? Is that seen purely as a Home Office/Prison Service issue or is it part of a dialogue and will it feature in the strategy when it is published?

MR PERFECT: The strategy is about prevention. When it gets to tier 4 it may outline a bit about what is going to happen on tier 4, and we should encourage that. We do discuss with the Welsh Assembly officials the possibility of sites, we have been through 40 possible sites now and we actively engaged with the Welsh Assembly on 6 or 7 sites which look like a possibility to us. They have been supportive and helpful in trying to find sites. There was a moment last autumn when it looked like the Home Office was going to take a decision which had an adverse impact in Wales. I engaged with Jane Hutt on that and she was very supportive, we actively worked together to try to achieve an objective for the Youth Justice Policy in Wales. The working relations feel good to me.

PETER PRICE: An important part of tackling youth offending relates to drugs. There are various drugs initiatives, to what extent are you involved in those initiatives and to what extent are they Home Office initiatives and to the extent that they are how does the division of responsibility on funding and decision taking get split between the Assembly and the Home Office?

MR PERFECT: There is a major initiative in England, it is the establishment of a special health authority called the National Treatment Agency for Substance Abuse and it is responsible for rolling out treatment programmes in the health service and the criminal justice system. I have been invited to be a member of that body and I have accepted that invitation. The approach the National Treatment Agency is taking is that we need so many treatment programmes, we need so many staff and they are planning to put that in place over a period of years.

In the Welsh context we have been seeking to engage with the Health Service and our major dialogue with the health service in Wales has been trying to get child and adult mental health services in place, a problem we also have in England.

Sue, my impression is that we come up against this targeting problem, should we divert resources to people who offend?

MS WILLIAMS: We have a policy officer in London whose responsibility is drugs, he and I are about to meet with the relevant officer in the Welsh Assembly on just this issue. It is complicated and I would not say that we are totally clear at the moment about where the split comes and how the funding works, and so on, which is why we are becoming engaged.

MR PERFECT: The funding for the NDA is part of the health service, that is the Barnett Formula. There is another stream of funding, out of the last Spending Review we did get money for substance abuse programmes in secure facilities. In discussions with people we are trying to make sure that some of that money is used for young people on intensive supervision and surveillance programmes that we have rolled out and we will be rolling out ISFPs in England and Wales by October this year. We are trying to take money out of the secure side and put it in to community supervision, which does help Wales.

LORD RICHARD: Can I thank you very much indeed for coming. It has been extremely useful for us. What you have done is given us a good example of what it is like in effect to have an England and Wales body relating both to Westminster Parliament and the Assembly and how it fits. That has been extremely helpful. Thank you very much indeed for coming.

MR PERFECT: Thank you very much.

 

 

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