(8 months ago)
Lords ChamberThis text is a record of ministerial contributions to a debate held as part of the Imprisonment for Public Protection (Re-sentencing) Bill [HL] 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
My Lords, I congratulate the noble lord, Lord Woodley, of Wallasey, for securing this Second Reading of his Bill. The aims behind it are undoubtedly admirable, and I respect the way in which he and colleagues have put their case today, demonstrating the depth of their knowledge and their willingness to continue engaging constructively with the Government. In particular, I mention my noble friend Lord Blunkett, the noble Baroness, Lady Burt, the noble Lord, Lord Carter, and the right reverend Prelate the Bishop of Gloucester. I value your Lordships’ continuing engagement on this matter, building on the IPP reforms legislated for in the Victims and Prisoners Act 2024, which this Government are implementing in full, and which has already reduced the numbers of people serving IPP sentences in the community by two-thirds.
I would not want to repeat what has already been said in the debate today, but I will set out the Government’s broad approach to IPP sentences and our position on the Bill. I say at the outset that I recognise the challenges faced by IPP offenders who remain in the system. As CEO of the Timpson Group, I met and employed 30 people who were serving IPP sentences. These are human beings we are talking about, and I am sure that noble Lords find it as difficult as I do to hear the details of individual cases when I visit prisons and sit in cells with IPP prisoners.
The Government are clear that it was absolutely right to abolish the IPP sentence, and I am determined to do all we can to support the remaining IPP offenders, especially the 2,694 still in prison, to finish their sentences. We are also clear that the first priority and responsibility of any Government is to protect the public. That was the thinking behind the measures that we took to alleviate pressure in our prisons and prevent the total breakdown of law and order in our country. We must never lose sight of that need to keep the public safe. Every offender still serving an IPP sentence in prison remains on our watch-list, and we have a duty of care to them.
While we must ensure that prisoners are treated fairly and given every opportunity to make progress towards their release, public protection must always be at the forefront of any action we take on this issue. That is what the public, and in particular the victims of IPP offenders, want, need and expect. It is right that IPP offenders are risk assessed and released only when it is determined that they can be safely managed in the community. It is also right that those determinations are made by the Parole Board. If resentencing were to take place, in line with what is proposed in this Bill, the Parole Board would no longer play that critical role—and in fact, its previous work in each case would be disregarded entirely.
Legislating to give every IPP prisoner a definite release date and post-release licence, or legislating to provide for resentencing by a court, would result in them being released automatically. This would be the case even where the Parole Board had previously determined, in many cases repeatedly, that they continue to be too dangerous to be released, as they have failed to meet the statutory release test. Either legislative approach would put the public at an unacceptable risk of harm, which the Government are not prepared to countenance, whether for any or all IPP prisoners through any partial resentencing. As I set out when I repeated the Statement the Lord Chancellor made in the other place on 22 October, IPP sentences are not included as part of the wider recent independent sentencing review, as the review is looking at sentences which remain on the statute book.
I realise that this is a disappointment to noble Lords in favour of the Bill. However, I assure colleagues that we remain committed to making serious and meaningful progress, at pace, for those serving IPP sentences. To do so, we must focus on reducing their risk: this is the best way to move them closer to obtaining a release direction from the Parole Board. I am sure that my noble friend Lord Blunkett and the noble Lords, Lord Carter, Lord Wolfson and Lord Moylan, will be pleased to know that the first IPP annual report, which was delayed because of the general election, will be published today. It covers HMPPS’s activity on IPP sentences during the reporting period to March this year and contains a refreshed IPP action plan which emphasises the delivery of front-line services to help offenders reduce their risk.
As a starting point, offenders must have accurate, up-to-date and effective sentence plans which enable them to access support to make progress towards their rehabilitation. They also need to be in the right prisons—ones which can offer the services specified in their sentence plans. As things stand, as my noble friend Lord Davies of Brixton made clear, around 30% of IPP offenders are not in appropriate settings. I am clear that this is not good enough and I am determined to address it as a matter of urgency, working with HMPPS to make sure that people are transferred to the right prisons wherever that is necessary for them to make progress. It can and it will improve.
We must also ensure that HMPPS knows where each IPP prisoner is on their journey through their sentence. Every prison region now has detailed information on its IPP cohort through a dedicated IPP data dashboard. We can use this information to create new tailored plans to ensure that they are in the best prison to access the interventions and services they need to aid their rehabilitation. For the first time, every IPP prisoner is being given an internal progress rating, reviewed every six months to monitor progression. This traffic light system will allow us to identify those never released and not engaged in a sentence plan, ensuring that we can direct resources to those who need it most. Each prisoner will also be regularly assessed by a range of experts through dedicated IPP progression panels to ensure that they have a clear path to release.
These are vital changes, which will ensure that people on the IPP sentence have the right sentence plans, understand what is required of them and face fewer barriers to making progress towards a safe release. In addition, I am pleased to confirm that the Chief Medical Officer has agreed to include consideration of the IPP sentence in his independent review of offender health. This will help us to better understand the specific health challenges faced by those serving the sentence and to work with the Department for Health and Social Care to improve the support available to them.
I also reassure colleagues that this Government are committed to increasing accountability. The Lord Chancellor will lay the first statutory IPP annual report, under the Victims and Prisoners Act 2024, before Parliament next summer, to set out the work HMPPS has been doing to support those serving IPP sentences throughout the current reporting period. The report will highlight where sufficient progress is not being made and enable us to take action where necessary. We will continue to review the IPP action plan to ensure that it is delivering results and adapts to any opportunities to do more. This will include supporting those who have never been released and those who have been recalled to custody, both of which my noble friend Lord Woodley and the noble Lord, Lord Hastings, highlighted.
Recall remains an important tool for keeping the public safe and there is no evidence to suggest that IPP offenders have been recalled unnecessarily. Indeed, contrary to the concern of the noble and learned Lord, Lord Garnier, His Majesty’s Chief Inspector of Probation’s thematic review of IPP recalls concluded last year that decisions to recall IPP offenders have been proportionate and necessary to protect the public, albeit that in some cases it was acknowledged that better support could be provided when individuals are on licence outside prison, prior to recall being instigated.
Though improvements to our approach in prisons are clearly necessary, I am grateful to colleagues across HMPPS for everything they are doing to support IPP offenders. With continued support, all IPP prisoners for whom it is safe and appropriate can and will be released.
The idea of an expert resentencing panel was specifically mentioned by my noble friends Lord Blunkett, Lord Woodley and Lady Blower, the noble Lord, Lord Moylan, and the noble Baronesses, Lady Jones of Moulsecoomb and Lady Burt of Solihull. As I have said, the Government are determined to support those serving the IPP sentence to make progress towards safe releases, but I do not think it is fair or appropriate to raise false hope by setting up an expert panel on resentencing.
I recognise the proposal of my noble friend Lord Woodley, for a partial resentencing exercise. As your Lordships will appreciate, there would need to be a strong legal justification for treating one cohort of offenders differently from another serving the same sentence. Partial resentencing of a specific cohort would not address the Government’s public protection concerns and the vital role of the Parole Board.
My noble friend suggested resentencing those who have been released and who are now serving their sentence on licence in the community. These offenders now have a clear and potentially shorter pathway to the end of their sentence by virtue of the Victims and Prisoners Act. These reforms provide for a much greater chance of earlier licence termination, either at the end of the reduced qualifying period or after the two-year automatic period, while also enabling them to access the support to successfully reintegrate into society. There is also no requirement for them to prove again, once in the community, that they are still safe to be released. At the end of the qualifying period, the Parole Board will simply consider whether the licence should be terminated; otherwise, it will terminate automatically, so long as the person is not recalled in the following two years.
My noble friends Lord Woodley and Lord Blunkett also questioned why the Government will not establish an expert advisory committee to advise on the operation of a resentencing exercise. This is not a new issue and your Lordships have debated it many times, including during the passage of the Victims and Prisoners Act in the last Parliament. Despite the expertise across this House and elsewhere, nobody has been able to identify a way of resentencing those serving the IPP sentence in a way that would not involve releasing offenders who the independent Parole Board has determined pose too great a risk to the public. Again, the Government would not want to give false hope to those serving the sentence. I think that establishing an expert advisory panel would run that risk.
My noble friend Lord Blunkett spoke about legal challenges to the IPP sentence and the possibility of setting up a panel to expedite IPP cases through the Parole Board. There have been multiple applications to the Court of Appeal since the introduction of the IPP sentence, both successful and unsuccessful. Recently appealed cases have not set a new precedent and were for specific legal reasons. Individual cases do not warrant a full review of all IPP sentenced individuals for the purposes of speeding up the parole process or supporting the Court of Appeal and, crucially, this would not have an impact on the Parole Board’s assessment of the release test.
Reviewing IPP cases for consideration at the Court of Appeal would be a large undertaking, which would encroach on the independence of the judiciary and effectively replicate the role the court already provides. The Parole Board reviews IPP cases at least every two years and, in many cases, more regularly. The assessment as to whether the statutory release test is met is required at each review and a prior sift would be ineffective as, legally, every case must be reviewed by the Parole Board.
The noble Lord, Lord Wolfson, raised the challenges around recall and asked about the differences between recalls and reoffending levels of those serving the IPP sentence and those on other sentences. Regrettably, we know that this cohort of offenders does reoffend and are recalled when their risk cannot be safely managed in the community. The threshold for the recall of IPP offenders is significantly higher than for determinate sentence offenders, requiring there to be a link to the behaviour surrounding the index offence before a recall can be issued. I will, however, write to him soon with available figures.
Mental health and preventing harm or suicide were mentioned by a number of noble Lords, including the noble Lords, Lord Carter, Lord Davies of Brixton and Lord Moylan, the noble Baroness, Lady Ludford, and the right reverend Prelate the Bishop of Gloucester. It is a tragedy when someone takes their own life and our thoughts go out to their loved ones. It is crucial that we provide the right interventions at the right time to prevent people harming themselves, and we are working closely with healthcare partners to that end.
Those who have a severe mental health need and require detention under the Mental Health Act are referred and assessed to determine whether transfer to hospital is needed. The Mental Health Bill, introduced on 6 November, includes vital reforms to support people with severe mental illness in the criminal justice system. It aims to speed up access to specialist in-patient care, ensuring that offenders, including IPP prisoners, and defendants with severe mental health needs can access appropriate and timely support in the most appropriate way.
The UN special rapporteur’s call for IPP sentences to be reviewed was talked about by the noble Baronesses, Lady Ludford and Lady Blower. I met Dr Edwards a fortnight ago and set out, as I have today, the work we are doing through the IPP action plan to boost support and make progress for IPP offenders.
In closing, I thank the noble Lord, Lord Woodley, for continuing to shine a light on the situation faced by IPP offenders. I share his concerns and his compassion. I was very pleased to meet him and several colleagues last week to discuss this important issue and I hope noble Lords will take up my offer to meet regularly to continue those discussions. It is very important to me to continue to engage with all stakeholders and to understand their concerns and perspectives on the IPP sentence. That is why I will be attending the next HMPPS IPP external stakeholder challenge group meeting in December, where I look forward to meeting more of the campaign groups and independent bodies which have a strong interest in improving outcomes for those serving the IPP sentence.
While the Government cannot support the Bill today, we agree that everything must be done to support those serving IPP sentences. I am working with HMPPS and the Parole Board to continue making progress, but I realise there is much more to do. Any action we take on this issue must and will be taken swiftly, while upholding our first duty of protecting the public. I thank the noble Lord for raising this important matter.
A lot of what the Minister has said was reasonable and progress, but I did not get a sense that he is responding to what some of us called this Kafkaesque situation. He said that it is not safe or appropriate to release some people. Does he accept that he is not really conveying that he grasps that these people are victims of the state? The cruel injustice and psychological torture they have suffered are partially the fault of the state. If this is not to be added to the list of other scandals, something must be done which may be outwith the scale of other criminal justice challenges. I did not really get a sense that he sees it in that dimension.
I thank the noble Baroness for raising that point. I believe in the IPP action plan. I spent a lot of time reviewing it with colleagues and I want to engage with it for all those 2,964 people serving IPP sentences so that they are in the right prison and get the right support. My priority is to support HMPPS colleagues carrying out the action plan, because that is the best route to get these people out of prison.
(1 week, 5 days ago)
Lords ChamberThis text is a record of ministerial contributions to a debate held as part of the Imprisonment for Public Protection (Re-sentencing) Bill [HL] 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
My Lords, I am grateful to my noble friend Lord Woodley and to every Peer who has brought such sustained focus to the imprisonment for public protection sentence. Their passion and the compassion of the families, campaigners and practitioners have quite rightly kept this complex issue at the top of our agenda. I welcome that scrutiny and the positive intent behind this Private Member’s Bill, even though I cannot support the specific remedy it proposes.
I also welcome the noble Lord, Lord Balfe, who takes over the responsibilities from the noble Earl, Lord Attlee. I hear the mood of the Committee in wanting to move forward, and quickly. I share this sentiment, but we do not think that resentencing is the right way to move this forward.
Today I want to be absolutely clear. My priority is to address the IPP legacy safely, fairly and in a way that endures. Since taking office, I have met many IPP prisoners and their families. I have listened to victims and front-line staff, chaired round tables and campaign groups and walked the landings with governors and probation leaders. Every conversation has strengthened my resolve to pull hard on every available operational lever. Even yesterday I met an IPP prisoner at HMP Eastwood Park who has her parole hearing today.
I completely agree with the noble Lord, Lord Hastings, on communication. It is absolutely vital that IPP prisoners and their families are aware of the changes that have been made. Yesterday I was pleased to see multiple copies of Inside Time around the prison, but I will take that back to the department and consider how we can do more.
We are already seeing what determined practical action we can achieve. The Victims and Prisoners Act 2024 automatically ended the licence for 1,742 people, with hundreds more cases now moving through the Parole Board on an accelerated timetable. That is real progress: people rebuilding their lives, victims protected and the public kept safe.
Let us stand back and look at the wider trajectory. The total IPP prison population has fallen from 5,040 in 2015 to 2,544 today, with the unreleased cohort down to 1,012. Meanwhile, rigorous supervision keeps risks low. Fewer than 0.5% of all offenders under statutory supervision were convicted of a serious further offence last year. Those figures show we can shrink the cohort while maintaining the confidence and safety of victims.
We are not stopping there. This summer I will lay before Parliament the second annual report on the IPP sentence, alongside a refreshed action plan. It sets tougher targets: 90% of IPP prisoners in the right prison for their needs by December, for example, and sharper deadlines for parole and termination reports. It hard-wires accountability at every level. I know that Peers and campaign groups will be looking closely at how we perform and that the Prison Reform Trust and the Howard League for Penal Reform have serious reservations about the Bill and wish to focus on what can be achieved without pursuing what is proposed in the Bill.
We have a plan, and it is working. Early results from that plan are encouraging. In 2024, 602 recalled IPP prisoners were safely re-released—the highest figure ever recorded. While recalls fell from 658 in 2023 to 619 in 2024, clearly there is more work to do. Even with a more complex residual population, the Parole Board continues to release around 45% of applicants at their first oral hearing. That balance, firm on risk and ambitious on progression, is exactly what victims and the public expect. My commitment is to drive that plan shoulder to shoulder with colleagues across both Houses, with campaign groups and, crucially, with victims and their advocates. Together we can press down on every control, treatment and resettlement lever until each individual who can be safely released is safely released and then supported to stay out.
In response to the noble Baroness, Lady Ludford, we are carefully considering the recommendations in the Howard League report. We are exploring in particular the ways to improve recall decisions and speed up post-recall review processes.
While I cannot back a resentencing exercise that would short-circuit the Parole Board’s vital public protection role, I will champion relentless evidence-based progress. Let us channel the energy of the Bill into the concrete measures that are already delivering change and will, with the House’s continued challenge and support, allow many more IPP offenders to complete their sentence and move on with their lives.
I thank my noble friend Lord Woodley for Amendment 1 on the creation of an expert advisory committee, which would advise the Lord Chancellor on a resentencing exercise that she may, rather than must, carry out. I understand the desire to provide the Lord Chancellor with advice on this matter.
However, as raised at Second Reading, my concern remains that the creation of an expert advisory committee risks giving false hope to those serving the IPP sentence, even if the Secretary of State was not obliged to implement its recommendations. This is only confirmed in my regular meetings with IPP prisoners. The Justice Select Committee in the other House and a wide range of respected organisations have considered the issue of resentencing, yet there has been no solution to undertaking a full resentencing exercise in a way that would not involve releasing offenders the Parole Board has determined pose too great a risk to the public.
I recognise the attempt by the noble Lord, Lord Woodley, to address this issue by limiting a resentencing exercise to those currently in the community in Amendment 2. This would avoid the issue of prisoners being released without the Parole Board’s direction that the release test is met.
I respectfully suggest that those on licence in the community are already benefiting from the significant changes to the IPP licence period in the Victims and Prisoners Act 2024, which means they will have their licence considered for termination by the Parole Board three years after their first release, or two for those sentenced when under 18, rather than 10. They also know that even if their licence is not terminated at this point, it will be terminated automatically if they are not recalled in the subsequent two-year period. Those in the community have, of course, met the Parole Board’s release test, but only on the basis that they would be released with the support, oversight and controls in place in the form of licence conditions.
This amendment would remove those licence conditions much earlier—potentially immediately. It is right that someone who has been in prison for a significant period of time should have the resettlement support from the Probation Service, and that there are appropriate control measures in place to protect the public, manage risk and provide a soft landing for those leaving prison. I agree with the noble and learned Lords, Lord Thomas and Lord Garnier, that licence conditions need to be necessary and proportionate, but it is also right that those conditions are set by the independent Parole Board.
Amendment 3 would restrict the resentencing exercise to IPP offenders who are 10 years over their tariff, both in custody and in the community. I thank the noble Baroness, Lady Burt of Solihull, for this amendment. I share her concern about those still serving their sentence years after their tariff has expired.
Resentencing IPP prisoners who have served 10 years over their tariff would result in them being released irrespective of their remaining risk. For this cohort in particular, the independent Parole Board will have repeatedly determined—at least every two years since the offender reached the end of their tariff—that they are too dangerous to be released. They have not met the statutory release test. For that reason, all those serving the IPP sentence in prison must satisfy this test before they are safely released. For those in the community, they would have been recently released either for the first time or after being recalled. They need continued oversight to manage their risk and support from the Probation Service to progress them towards licence termination.
Amendment 10 would restrict a resentencing exercise to those serving a detention for public protection—DPP—sentence. I thank my noble friend Lord Blunkett for this amendment and recognise that he remains a constant force for change on this topic. We recognise the specific challenges faced by those serving a DPP sentence. That is why those in the community now have their licence considered for termination by the Parole Board two years after their initial release and will therefore also have their licence terminated automatically a year earlier than those on the IPP sentence, if the Parole Board does not terminate it at the end of the qualifying period. There are now fewer than 30 individuals serving DPP sentences in the community and currently fewer than 100 in custody.
The IPP action plan includes a specific focus on DPP offenders, and I hope the noble Lord, Lord Carter, will be comforted that there are more frequent reviews by psychology services and that the Parole Board prioritises listing these cases for consideration. However, our position remains that, as with those serving an IPP, those serving a DPP sentence should be released only once they have satisfied the statutory release test. This is the only way we can ensure that the public and victims are best protected.
Finally in this group, Amendments 11 and 12 tabled by the noble Lord, Lord Moylan, whom I thank for these amendments and for his thoughtful contributions to our IPP round tables, relate to those who received an IPP sentence before 14 July 2008. The sentence was amended to give judges greater discretion over its use and to limit it to offenders who received at least a two-year tariff. Again, I recognise the purpose behind the amendments, but as most IPP prisoners have served beyond their minimum tariff, it would lead to the release of the pre-2008 cohort irrespective of the Parole Board’s assessment of their risk. Our view remains that IPP prisoners should be released only once they have satisfied the statutory release test. The Government therefore cannot support these amendments, or any that would involve the resentencing of IPP offenders, for the reasons I have set out.
These amendments would lead to the partial resentencing of specific cohorts of individuals serving the IPP sentence. Unfortunately, they do not address the Government’s public protection concerns and would put both the public and victims at risk. They remove the vital role of the Parole Board in considering release and, with the provisions in the Victims and Prisoners Act, there is already a path to the end of the sentence in a safe and sustainable way.
The changes implemented are expected to reduce the number of people serving IPP sentences in the community by around two-thirds. I remain committed to supporting those serving their sentence in prison and, as I have set out, I believe the IPP action is the best way to achieve this.
To conclude, I should like to give two final examples of the progress made to support the IPP population. First, the approved premises pilot, which has recently concluded, extended the time for which IPP offenders could remain in an AP from 12 to 16 weeks. This was tested in four APs. At one, 23 out of 26 men moved on successfully after their placement ended. We also saw a 7% decrease in recalls at that AP. Although this is a small sample, it demonstrates that pre-release work, combined with training for staff and extra support, has had a direct impact on successful reintegration into the community. If we can successfully replicate this across the approved premises estate, the impact could be significant.
Secondly, we are taking action to enable swift re-release following recall where it is safe and appropriate to do so. This summer, we will see the publication of the progression panel policy framework, which will ensure that a multidisciplinary meeting is convened within 28 days for any offender who is recalled. The detail gathered from this panel informs consideration for the Risk Assessed Recall Review process, which, in appropriate circumstances, can lead to early re-release. These panels also help prisoners prepare for release, which aids their resettlement into the community. Measures such as these will help individuals progress through their sentence towards having it terminated.
I hope noble Lords are reassured by some of the updates that I have provided today. I will continue to work closely with noble Lords on this very important issue. I am pulling every operational lever I can, as hard as I can, to support IPP prisoners so that they can get out of prison and stay out.
I thank the Minister for his response. I was very pleased to forewarn him of my speech, to give him more than a fair opportunity to review and reflect on such a very serious matter, especially bearing in mind the hundreds, if not thousands, of individuals watching, listening and hoping that something positive can come out of this debate.
I am disappointed, but not surprised, by the Minister’s answer, because it is very much more of the same that he has given us on two other occasions: he does not wish resentencing to be part of the move forward. I still really struggle to turn around and understand how the Minister cannot convince himself that it is the right thing to do for those groups of individuals that I have pointed out today—colleagues have supported me—who really do not create any sort of risk to the public. Those people who are already out on probation and have been released by the Parole Board are a perfect example, never mind the kids and others.
Nevertheless, all we can do is our best to encourage a man for whom I have an awful lot of respect. This Minister is genuine, he is honest and he is doing as much as he feels he can to give hope and support to this victimised group of more than 3,000 individuals. I sincerely hope his words will lead to even more actions than have been done today as he moves away from the Chamber.
But it is a bit of a struggle when, only a week ago, we saw an individual who was finally released out into the community but was arrested within 24 hours and sent back into prison again—and released again and sent back into prison again. Or we might end up with a guy who is now mentally unstable, created by the system, and who has been trying to get out of prison. With your help and support, he gets out of prison and goes into a mental institution, only to find that not long thereafter he is sent straight back into the same prison, which creates the same mental instability. It does not work and, no matter what the Minister says, it certainly has not given us the answers to the hundreds of problems associated with IPP sentences.
I take this opportunity to thank all my colleagues for their contributions. I am proud of each and every one of them. Their contributions were fantastic, from the heart, genuine and well informed, and I thank them on behalf of all those prisoners for what they have said and what they are trying to do. There is no doubt that we have got our message across but, in the spirit of moving the process along, I beg leave to withdraw the amendment.
I remind the noble Baroness that the advisory speaking limit for this debate is 10 minutes.
I am sorry. The status quo position is that, when Mr Thomas becomes well and stable in hospital, he will be returned to the prison as an IPP-er. That seems unconscionable. All this amendment does is suggest that people are referred when they are mentally ill to a hospital and that the hospital then uses a clinical assessment to decide when they are well. When they are well, they are not dangerous and can be released. That can be part of the resentencing procedure.
My Lords, given the way the debate on these amendments has gone—and with no disrespect to the noble Lord, Lord Woodley—I propose to say only a few words about Amendment 7, which is, as I understand it, the only live amendment, so to speak. It is in the name of the noble Baroness, Lady Fox of Buckley, who, as is always the case, has given us a lot of food for thought.
There is no doubt that the mental health aspect of the IPP issue is very real, not least because, as I said at Second Reading, my concern is that there will be prisoners who have developed mental health problems while in prison and indeed because of the sentence itself. I think I said that that was a stain on the British state and, if so, I was right to do so.
My noble friend Lord Moylan is therefore right to highlight the issue of mental health. That said, it is not immediately clear to me, looking at the words of the amendment, that the conditions in (6B) and (6C) are necessarily the right conditions to be imposed in this context. Of course, I appreciate that this amendment was tabled to raise the issue rather than to focus on the particular words. I therefore look forward to what the Minister has to say about Amendment 7.
My Lords, the second group of amendments clarify the Bill’s clauses and make important changes to the wording. However, the Government maintain reservations about the risk to public protection that the Bill presents. I will respond to all the amendments in turn as I want to set out the Government’s position.
My noble friend Lord Woodley’s Amendment 4 sets out that an offender could not receive a harsher sentence under the resentencing exercise. We accept this principle, but it is already established by Article 7 of the European Convention on Human Rights. We therefore do not believe that this amendment is required.
My noble friend’s Amendment 5 would allow a resentencing court to retain the IPP sentence where the offender might properly have received a life sentence and where, at the time of resentencing, they constitute a substantial risk of causing serious harm if released. Crucially, this would not prevent the resentencing of those who do not fall within these parameters and whom the Parole Board have previously assessed as not safe to be released. This is because the test being applied by a resentencing court would be less stringent than the Parole Board’s statutory test.
My noble friend’s Amendment 6 would provide the resentencing court with the option to issue an extended licence on release, if it deemed it necessary. Noble Lords are aware of the provisions in the Victims and Prisoners Act that allow for licence termination. This amendment would still involve the release of IPP prisoners who have previously been assessed as not safe to be released under the statutory release test. It would therefore not address our fundamental public protection concerns about undertaking a resentencing exercise.
I thank the noble Baroness, Lady Fox of Buckley, for Amendment 7, and acknowledge her empathetic consideration for the individuals serving IPP sentences who require additional support for their mental health, especially the 233 individuals in secure hospitals. The amendment would allow a resentencing exercise to substitute an IPP sentence with a hospital order. A hospital order requires evidence of a mental disorder at the time of the offence being committed, whereas this amendment would lead to a hospital order being substituted when an offender currently has a mental disorder. As with earlier amendments, this amendment would remove the IPP sentence irrespective of the Parole Board’s assessment of an individual’s risk. Instead, the individual could be released by a mental health review tribunal. This process may not fully consider the risk posed to victims and the public.
IPP prisoners, like any prisoner, can require additional support for their mental health. They can already be transferred to secure mental health hospitals if this care is required, and I am currently working with HMPPS to explore how they can best be supported towards release when that care is no longer required. I completely agree with the noble Lord, Lord Moylan, about disengaged IPP-ers, as I refer to them, and hospital returnees. It concerns me that, for example, they may be returned to a category B local prison, which is not always the most appropriate place for them in their recovery. I am very keen to have further engagement with the noble Lord and others on that matter.
I thank the right reverend Prelate the Bishop of Gloucester for Amendment 8. Although the Government do not support the Bill, I understand the intention behind her amendment to assess the impact on services if the Bill were to become law. There is, however, already a requirement in the Victims and Prisoners Act for the Secretary of State to lay an annual report before Parliament about the steps taken to support the rehabilitation of IPP and DPP offenders. The annual report is expected to be published by Summer Recess and will show the progress that has been made.
Since the publication of the refreshed IPP action plan on 26 April 2023, there has been a 22% decrease in the number of those prisoners who have never been released. Additionally, when I became a Minister, 70% of IPP prisoners were in the correct prison for their needs. This has now increased to around 80% and HMPPS continues to make improvements in this area. This will help more of these individuals progress towards a release because they will be better able to access the support they need.
The second amendment tabled by the noble Lord, Lord Blunkett, Amendment 9, would reduce the licence period of one year for those who were subject to an invalid recall before the changes made by the Victims and Prisoners Act. The amendment does not define what would constitute an invalid recall, and my noble friend is perhaps referring to an unlawful recall, which would likely be the legal interpretation. If, however, he is suggesting scenarios where further information comes to light and the reasons for recall should be reconsidered, there is the risk-assessed recall review—RARR—process.
My Lords, I was slightly confused in the summation. The implication, if you were just listening in and did not know about this subject, is that, largely, people were given IPP sentences originally because of sexual and violent acts. That is not accurate. Maybe the Minister could clarify what he meant by that. One of the arguments that I was putting forward—maybe the Minister could reflect on this—is that the dangerousness we keep hearing about from different Governments’ versions of the MoJ is often associated with a deterioration of behaviour because of poor mental health created by the sentence. The Minister says that the Parole Board are the only people who can assess whether the behaviour is dangerous or not but, in the instances of mental illness, would it not be better for a clinical assessment? Hospitals have to make decisions all the time about releasing people based on whether they are dangerous or not. They are in a much stronger position, surely, than the Parole Board, which does not necessarily understand mental ill health.
HMIP did a report into recalls of IPP prisoners and said that they are being used proportionately. I believe that the Parole Board has the right skills and experience to make these often very difficult and complex decisions. On the make-up of the cohort of IPP prisoners, I will write with the exact percentages as I have them for confirmation.
My Lords, this Committee has not materialised in the way that I would have preferred. Not least, it has not led towards what I hoped was going to be a vote or, maybe more importantly, the Minister finally agreeing to move forward on resentencing for each and every part of the cohort that we have highlighted so carefully and fairly.
While I have that disappointment, I think it is fair to say that we have done one thing that IPP prisoners will be grateful for. We have yet again raised awareness of this disgraceful set of circumstances here and among the wider public. There is therefore no way to say, “We will do something”, and then do nothing. There is no escape for us in this House to ignore the injustices that we are watching each and every day.
Once again, I thank my colleagues, the noble Lord, Lord Moylan, the noble Baroness, Lady Fox, and my noble friend Lord Davies. The expertise that they have brought to this debate has been a privilege for me to listen to, never mind anyone else, and their support is, as always, very much appreciated.
I shall finish where my noble friend Lord Davies finished, and the Minister has just said it: it is in your hands now, sir. It is no good being a nice man with a good heart whose will is there to try to make these changes if we then find that we are back in 12 months or two years and nothing has moved and the number of people who have committed suicide has gone from 100 to 110. It is now on the Minister’s shoulders, and I look forward to working with him and others to see what we can do to alleviate this catastrophe that has been with us for many decades now.