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Bambos Charalambous (Southgate and Wood Green) (Lab)
I beg to move,
That this House has considered imprisonment for public protection sentences.
It is pleasure to serve under your chairmanship, Ms Vaz. Imprisonment for public protection sentences, which were introduced in 2005 by the Criminal Justice Act 2003, are cruel, unjust and damaging to those who are still serving them. They were meant to be used to protect the public against criminals who had committed one of 96 offences and who were thought still to be a danger after the minimum term or tariff of the original sentence had expired. No level was set for that tariff by the legislation and the open-ended nature of the sentences led to some catastrophic results.
The House of Commons Library, in its excellent briefing paper for this debate, noted one instance where the courts applied an IPP sentence to someone who had served a minimum term of just 28 days. The misapplication of, and erroneous logic behind, IPP sentences resulted in widespread criticism and to the Government being challenged in court over restrictions on ways that IPP prisoners could demonstrate that they were no danger to the public.
Following a joint report from His Majesty’s inspectorate of prisons and HM inspectorate of probation that highlighted the low levels of IPP prisoners being released, as well as the unsustainability of IPP prisoners adding to the burgeoning prison population, a ministerial review was carried out. Eventually, after further court cases and public pressure, IPP sentences were abolished on 3 December 2012. By then, more than 6,000 prisoners had received IPP sentences. Fast-forwarding to the present day, according to Ministry of Justice statistics as of June this year there were 1,132 IPP prisoners who had never been released, and a further 1,602 who had been recalled for breaching their licence conditions, making a total of 2,734 IPP prisoners still in our prisons.
Criticism of IPP sentences has come from far and wide. In August of this year, Dr Alice Jill Edwards, the UN special rapporteur on torture, said:
“IPP sentences are inhuman treatment and, in many cases, amount to psychological torture.”
Former Lord Chief Justice Lord Thomas described them as “morally wrong” and “inherently unfair”. Even Lord Blunkett, who was Home Secretary when IPP sentences were brought in, described their introduction as “the biggest regret” of his political career, which in some cases had led to injustice.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
Did the hon. Gentleman hear Lord Blunkett on the media today saying that one of the alternative options should be secure therapeutic units?
Bambos Charalambous
I thank the right hon. Lady for her intervention. She is right, and one of the biggest impacts of IPP sentences is on the mental health of prisoners. I will come to that later. She makes a good point with which I agree.
Afzal Khan (Manchester Rusholme) (Lab)
I thank my hon. Friend for giving way and congratulate him on securing this important debate. I want to raise the case of my constituent whose son is serving an indefinite IPP sentence and suffers from long-term psychiatric conditions. She feels he is in the wrong institution, unable to access the specialist support he urgently needs. Does my hon. Friend agree that such cases underline the urgent need for a review of IPP sentences, particularly given the crisis in overcrowded prisons?
Bambos Charalambous
My hon. Friend is right. There is a special need for prisoners to receive support. Keeping IPP prisoners incarcerated for longer than they should be is adding further pressure on our already overcrowded prison population.
In a recent written response to a question from my hon. Friend the Member for Liverpool Riverside (Kim Johnson), the Minister confirmed that there are still five serving IPP prisoners who were given a minimum term of less than six months but have served more than 16 years. There are a further 15 with a tariff of between six months and a year who have not been released after 16 years. There are in a further 47 in the same position whose tariff was between a year and 18 months.
Among the 1,132 IPP prisoners who have never been released is one of my constituents. Ongoing legal proceedings preclude me from naming him, although I can say that in 2006 he was sentenced to serve a minimum of 10 years for robbery under an IPP plan but has now served 19 years. He is now 42 years old and has missed the funeral of his grandfather, along with countless other family occasions. That has had a serious impact on him and his family.
The psychological harm experienced by IPP prisoners and their families has been well documented by the British Psychological Society, which refers to the heightened risk of self-harm and suicide that IPP prisoners face as a result of their hopelessness and their perpetual state of anxiety at the prospect of additional years in prison. The deterioration of IPP prisoners’ mental health is illustrated by the Royal College of Psychiatrists case study in which a 17-year-old was given an IPP sentence for street robbery of trainers and given a one-year tariff but spent 10 years in prison, during which time he lost both his living relatives: his mother and grandmother. His mental health deteriorated so badly that he had to be transferred to a secure NHS mental hospital.
Having spoken to some of the family members of people currently serving IPP sentences—I met them at lunchtime today, and many are in the Public Gallery—I have heard at first hand about the impact that this unbearable situation has on family members, but the impact on IPP prisoners is far more profound. According to the United Group for Reform of IPP, or UNGRIPP, which is campaigning to bring about change to IPP sentences, 90 IPP prisoners have committed suicide since the sentences were introduced, with nine of those suicides occurring in 2023. Considering that the prison population last year was approximately 87,000 and IPP prisoners were only 3% of that total, it is staggering that IPP prisoners accounted for 10% of all self-inflicted deaths in prison in 2023.
One example is the tragic suicide of Scott Rider in 2022. In 2005, he had been sentenced to an IPP sentence, with a minimum tariff of 23 months. Seventeen years later, he was still in prison. He was one of the longest serving IPP prisoners at the time of his death. Following a three-day inquest into his death, the senior coroner for Milton Keynes, Tom Osborne, said in his regulation 28 report to prevent future deaths:
“On any consideration of the circumstances of Mr Rider’s death one has to conclude that his treatment was inhumane and indefensible and that if action is not taken to review all prisoners sentenced to IPP then there is a risk of further deaths occurring.”
He added:
“Mr Rider was one of many IPP prisoners struggling to progress”
and, at the time of his death, he had served 17.5 years and had
“given up all hope of release.”
The loss of hope of ever being released is certainly one of the big factors behind the high levels of suicide and self-harm among IPP prisoners. Even when IPP prisoners have been released on licence, the draconian licence conditions have led to prisoners being recalled for minor breaches of their licence, such as being late or missing an appointment. As I have mentioned, there are currently 1,602 IPP prisoners who have been released on licence but recalled.
I am sure that we all agree that the current situation cannot continue, so what is to be done? In September 2022, in its excellent report on IPP sentences, the Justice Committee, chaired by Sir Bob Neill, made several recommendations to remedy the damage done by the sentences. The three main recommendations can be summarised as follows. No. 1 involves a refreshed action plan for IPP sentences, better access to prison programmes to help IPP prisoners to progress and better support for prisoners who are suffering with their mental health because of these sentences. No. 2 involves better training for Parole Board members overseeing IPP prisoners’ parole hearings, more support for IPP prisoners in preparing for parole hearings, a reduction of the qualifying licence period and better support for prison leavers. No. 3 is resentencing. In paragraph 152 of its report, the Justice Committee said:
“Our primary recommendation is that the Government brings forward legislation to enable a resentencing exercise in relation to all IPP sentenced individuals…This is the only way to address the unique injustice caused by the IPP sentence and its subsequent administration, and to restore proportionality to the original sentences that were given.”
The Committee also noted that there is precedent for resentencing retrospectively, but that it would require primary legislation. Former Lord Chief Justice Lord Thomas emphasised his support for this approach.
I acknowledge the steps that this Government and the previous Government have taken to tackle some of the problems caused by the licence conditions of IPP sentences. Particularly of note is section 66 of the Victims and Prisoners Act 2024, which creates an automatic termination process for IPP licences in certain circumstances, starting from this Friday, 1 November. At lunchtime, I had the pleasure of meeting a former IPP prisoner who will benefit from this measure, which means that he will no longer be on an IPP licence and will be able to be at large freely. The Act also allows for reviews by the Parole Board in certain circumstances from 1 February 2025.
However, resentencing would be the most effective way to deal with the legacy of IPP sentences. I am aware that it is not without its problems, but it is the only just and fair way to deal with this appalling situation, which, if left unresolved, will lead to more IPP prisoners self-harming and taking their own lives.
Prior to this debate, some of the IPP reform campaigners met Lord Woodley to discuss his private Member’s Bill on resentencing IPP prisoners, which reflects the Justice Committee’s recommendations on the matter. I hope Ministers will meet Lord Woodley to discuss his proposals, because there needs to be a review of IPP sentences, and all options need to be considered.
Will my hon. Friend the Minister advise me on what steps the Government are taking to reduce the number of IPP prisoners in our prisons? What support mechanisms have been put in place to help IPP prisoners who are struggling with their mental health, including those who have been institutionalised, to help them overcome the barriers that may adversely affect their parole hearings and to prepare them for a return to life outside prison? Will the Government reconsider their position on resentencing IPP prisoners? At a stroke, that would rectify this injustice once and for all. Will the Government at least carry out a review to see what the barriers to resentencing are? That is the one thing that all commentators think needs to be done to resolve the injustice caused by IPP sentences.
I thank UNGRIPP, the Howard League—which runs an excellent advice line for family members of IPP prisoners —the Centre for Crime and Justice Studies, the Royal College of Psychiatrists and the British Psychological Society. I also thank the House of Commons Library for its excellent briefings ahead of the debate. Most important are the family and friends of IPP prisoners who are incarcerated and those who have endured IPP sentences. Finally, there are those who unfortunately bow to the pressure of hopelessness, as there is no end to their sentences in sight, and, sadly, end their lives in prison. I hope that change will come and that IPP sentences will finally be gotten rid of from our prisons and confined to the dustbin of history, where they belong.
Valerie Vaz (in the Chair)
I expect to call the Lib Dem spokesperson at 3.28 pm.
John McDonnell (Hayes and Harlington) (Ind)
I thank my hon. Friend the Member for Southgate and Wood Green (Bambos Charalambous) for securing this debate. I think I have attended every one of these debates over a number of years. I declare an interest: I am an honorary life member of the Prison Officers’ Association and a member of the justice unions parliamentary group, which contains the probation officers, the prison officers, PCS, representing the civil service, and others dealing with this issue.
Here is the tragedy: after every debate, expectations are raised that perhaps there will be some Government movement, but there has not been, so we have lost more lives and many more people have self-harmed. The briefing from the wonderful UNGRIPP shows that in 2023 there were 1,866 self-harm incidents among IPP prisoners. As my hon. Friend said, there have been 90 suicides. People see no hope in their future; they are the most insecure prisoners. Many prisoners I have dealt with know their sentence and know what they have to do to get out, and they do their best. There are others who think they will never get out, but at least they know the situation. With IPP prisoners, there is an uncertainty, which contributes to that lack of hope. Professional prison officers from the Prison Officers’ Association tell us clearly that it is almost impossible to help or manage these prisoners because they have no hope. They lose confidence in whatever rehabilitation scheme they have been placed on, because every time they go on them, they are still not released. As a result, they are simply returned to despair.
As my hon. Friend the Member for Southgate and Wood Green said, His Majesty’s inspectorate of probation made clear recommendations about its concerns for these prisoners, and the Justice Committee set out a whole series of recommendations that I believe overcome the doubts that have been put forward by successive Government Ministers and which I hope we do not hear today. Ministers’ fear that if we release any of these prisoners and something goes wrong, the Government will get the blame.
The Justice Committee considered the issue from a political perspective, asking, “How can we manage this?” The idea was to go through that process, to ensure that there is support and preparation for rehabilitation and release; and that there is professional expertise, brought together on a panel, to examine case-by-case what needs to be put in place to secure the release of these prisoners so that they are safe and society is safe. Give Bob Neill his due—he worked really hard on a cross-party basis to achieve consensus among the Committee on a contentious issue; and the justice unions group and the POA completely endorsed and advocated its recommendations.
By refusing to act on those Justice Committee recommendations, which are so reasonable, the state is committing a crime and perpetrating an injustice against these individuals. It isn’t just me who thinks that; David Blunkett, who brought these measures in, said—if I remember rightly—that the situation was a stain upon our justice system and that there needed to be action. I commended the last Government when they reformed the licensing arrangements, and that move has benefited some people, but it has been of no benefit whatsoever to the 2,734 that are still locked away.
What we expect from this Government—our Government, I have to say to the Minister—is a programme of work that takes the Justice Committee’s recommendations and looks at the practical action that needs to be taken to achieve them. Part of that could be the Imprisonment for Public Protection (Re-sentencing) Bill, which Tony Woodley has brought forward and for which I think there would be overwhelming support in this House. As a result, we might give some justice to those people who have suffered such significant injustice. We have had many cases before us where someone has committed a relatively minor crime and been sentenced to a year in prison, but 10 years later they are still inside. Many of these people are serving between 10 and 18 years, having been sentenced only up to four years for a crime they committed.
We have a responsibility on our shoulders to honour the recommendations from the Justice Committee—recommendations that that its members worked so hard on—and to implement them. There is a sense of urgency about this. I do not want to be here in six or 12 months’ time saying that we have lost more prisoners as a result of self-harm and suicide. What has happened to the families? The irony in all this is that, as prisoners tell us, it is not just the individual who is serving the sentence; it is their family as well. It is their children, their mothers, their fathers: their whole family is destroyed as a result. So for God’s sake—for humanity’s sake—let us address this matter now and let us do it as a matter of urgency.
Rachael Maskell (York Central) (Lab/Co-op)
It is a pleasure to see you in the Chair, Ms Vaz. I congratulate my hon. Friend the Member for Southgate and Wood Green (Bambos Charalambous) on calling this important debate at the start of this Parliament. I also endorse the comments made about the Justice Committee, and its incredible work scrutinising this issue and coming up with workable recommendations. work scrutinising this issue and coming up with workable recommendations.
My constituent, who lived in York before being taken into custody in 2005—19 years ago—was given an imprisonment for public protection sentence on 22 January 2007. His original tariff meant that the Parole Board could have released him on 26 May 2009, but he is still there. It must be one of the most egregious cases in the system.
IPP sentences were introduced through the Criminal Justice Act 2003, despite warnings that they would be an affront to justice. They were reformed in 2008 and abolished in 2012, and a total of 8,711 sentences were imposed.
My constituent’s family have been superb and have met me, to keep me informed of the progress for my constituent—apart from that there is no progress, because we do not know what happens next. There have been incidents and consequences, but he is seriously unwell, because he never knows the date of his release or how the injustices he has now served will ever be undone. To incarcerate someone indefinitely comes at significant cost—it is beyond comprehension. My constituent’s mental health has significantly spiralled, as he cannot see an end to this nightmare.
As we have heard, reports have shown that 90 people have taken their own lives while on an IPP sentence. There have been 1,866 incidents of self-harm; the figure is around 2,000 incidents of self-harm every year, across many years, among those on IPP sentences.
The nature of an indeterminate sentence is profound and we understand that denying somebody release has a huge impact. It is often denied as they are not engaging, as my constituent did not for some time, with psychiatric services. He just could not—yet that delayed his progress towards release. After getting a sentence of two years, four months and nine days, he has now served a sentence of 19 years, and his hope is diminishing as he continues to wait for the Parole Board to do justice. He was just 24 years old when a single incident occurred; now 43, having completed course after course after course, he is yet to be released.
The Justice Committee report highlighted the inconsistencies in the way IPP prisoners are treated, the failure of the Parole Board to properly stratify risk, and the conditions that prisoners have to satisfy in order to be released. As a result, we see people languishing in their cells without hope of ever getting out.
The Parole Board needs to be given the scope to properly look at this measure. That is why I support the recommendations in the Justice Committee’s report on resentencing. It is not just people who are incarcerated who are on an IPP sentence; on their release, people continue on that sentence in the community, and for the smallest misdemeanour can easily be recalled. There is no consistency. People may miss appointments and therefore be recalled. We heard in evidence to the Select Committee how small some of the misdemeanours were that meant people were recalled back into prison.
We need to find a way out of this situation. The report calls for resentencing and the reduction of the recall period to five years from the current 10 years. Will the Minister support that change? If not, I ask him to give us a full explanation as to why.
This all comes in the context of significant current pressure on the courts. Perhaps a specialist court is needed to review all these cases, to ensure that the decisions are expedited in the resentencing and ensuing release process. We need to ensure that people have the right support to go back into the community, given that the Probation Service is at absolute breaking point, not least as it is having to deal with early releases at the moment. Again, a specialist focus is required. For example, my constituent has been in prison for 19 years, so a lot of steps need to be taken to ensure that when he is released, he is safe to himself, that he gets the mental health support he requires, and that the family also get support over that period. We must recognise the huge vulnerability of these individuals at that time.
We also need to ensure that the process is robust and consistent—we have seen inconsistencies in the judgments of parole boards, causing further frustration for many people on the inside—and that there are allocated safe places, where people can start to rebuild their lives. My constituent is fortunate to have family who are prepared and a place to go, but many people do not have those associations because it has been so long since they were on the outside. We need to make sure that real expertise in this area is brought in.
When we hear places like the European Court of Human Rights deeming such sentences to be in breach of article 5, on the basis of protection of unlawful deprivation of liberty, the Government cannot sit on their hands. They must act swiftly; and being new in government brings the opportunity to ensure that they do.
How is the Minister is going to review the programmes that people on IPP sentences and others are placed on in prison? The Select Committee heard evidence that many are not fit for purpose nor evidence-based. How do we ensure that the focus of those programmes is on rehabilitating people ready for their future life, and that they are not just a process that prisoners have to go through, serving no benefit?
The Lord Chancellor and the Minister have to rebuild the criminal justice system—we recognise that. The most important thing is reducing the offending rate and ensuring that we do not continue to see the current levels of reoffending. There are some good models out there, including my local prison, Askham Grange, which has the lowest reoffending rate in the country. With that, there is a proper process in place so that the residents —as they are given the dignity of being called—are given support when coming out and going back into employment and civil society. That invest-to-save model needs funding and support. As we transition services, we need to ensure—particularly for those serving IPP sentences, but also across the wider criminal justice system—that the right support is put in the right place.
Ultimately, I turn to the matter of our psychiatric services, because my observation is that many prisons have now become a place where people with significant and severe mental health challenges have to be; it is a failure of our mental health services that they are there at all. Many on IPP sentences fall within that category. If there is a resentencing process, which I hope there is, can we ensure that we also look at mental health support? For many people, perhaps hospital is a more appropriate place than prison. I look forward to the Minister’s response.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
Diolch yn fawr iawn. I congratulate the hon. Member for Southgate and Wood Green (Bambos Charalambous) on securing this debate, and it is an honour to follow the speeches so far. I rise as the co-chair of the justice unions parliamentary group, and I am obliged to speak in this debate because IPP sentences have been raised time and again at our meetings by the trade unions, especially the Prison Officers’ Association and the National Association of Probation Officers. What those unions say is that their members, prison and probation officers, have been placed in an intolerable position because of IPPs. They are made to administer that sentence, which is tantamount to torture, to many of the most vulnerable and damaged people they manage, both in and out of prison.
If we are to be honest, we must first admit it beggars belief that we are still having to discuss this matter today. I will not reiterate the 2022 Justice Committee report recommendations, but it should be noted that the Committee recommended that the Government convene an “expert committee” to advise on any resentencing exercise. That point needs to be repeated—it has possibly been lost in recent debate—because it would of course be up to the Government to appoint such an expert committee, which would include a judge to explore resentencing, and to decide whether to follow its recommendations.
As explained by the Centre for Crime and Justice Studies, which I thank for its briefing, the expert committee
“could recommend, for example, a staggered release schedule to give probation adequate time to prepare, or prioritisation for those with the shortest tariffs or longest time served over-tariff, or even partial resentencing starting with those previously considered safe for release by the Parole Board.”
That last option would of course include prisoners who had previously been released but since recalled, often for no further offence. The expert panel might recommend any of those models or something else entirely, but—this is important—the Government would be free to pick and choose the option that is most palatable politically and manageable in the present crisis of prisons and probation. That is why the Minister has nothing to fear from a resentencing exercise along those lines, as suggested by the Justice Committee.
It is no wonder that the United Nations special rapporteur on torture, Dr Alice Jill Edwards, who I had the pleasure of meeting last year with the justice unions, has called for “adequate and appropriate reparations” for IPP prisoners and their families to compensate them for an “inhumane” punishment that
“often amounts to psychological torture”.
She also warned that
“citing public safety as the reason not to immediately resentence IPP prisoners…is misleading”,
because
“the UK, like any society with a strong rule of law, has measures to protect the community after prisoners are released.”
That is fundamental to a society that believes, as I am sure we all do, that that is how justice should be served. I therefore urge the Minister to listen to the UN and not to ignore such international opinions, as his predecessors were sometimes prone to do.
I also put on record my support for the private Member’s Bill introduced in the other place by Lord Woodley, the Imprisonment for Public Protection (Re-sentencing) Bill, which is listed for Second Reading next month. The Bill, which mirrors the amendment moved by Sir Bob Neill to the Victims and Prisoners Bill in the last Session, calls on the Government to set up an expert committee to advise on resentencing and then enact its advice. I urge the Government to back this important Bill or, if they find the full-fat version of resentencing too much to take, to move an amendment in Committee to make it palatable. I most certainly agree with commentators such as Peter Stefanovic that this is a matter of conscience, and that all parties should therefore allow a free vote on IPP reform.
Finally, I will say something through the Chair but directly to people serving on IPP in prison or in the community, and to their friends and families. I know that many of them are watching and listening to this debate, and I know that there are some in the Gallery now. When I speak to them, I want them to know that there are many of us here in Parliament who will not stop calling out this injustice. In both the Commons and the Lords, cross-party parliamentarians will stand up for them. On the left and the right, on the Front and Back Benches, they have politicians in Parliament who will not give up until the problem that Parliament created back in 2003 has been fixed. I do not want them to lose hope, but I do not want to give them false hope either. I do not want them to think that Lord Woodley’s Bill—I know that he will not mind me saying this—will in itself make resentencing a reality. No—the reality is that the power lies with Government, not with Backbench MPs, nor with Lords or Ladies or anyone who is not in government. It is up to the Government to change the law. I am not sure it really looks like the Government presently have the political appetite for resentencing, shameful though that may be.
We should not therefore think that resentencing is just around the corner, even when we consider the Prime Minister’s background in criminal justice and the comments from Lord Blunkett recently, but please do not give up hope now. Hope is a precious thing, and pressure from campaigners pays off. For example, we have licence changes coming into effect on Friday that will mark the end of a living nightmare for at least one person, who I thank for sharing his story with me earlier. I do not need to remind Members that it was a Labour Government who introduced this sentence, which is tantamount to torture, and a Tory Government who abolished it, albeit in a botched way. We have a golden opportunity to end this living nightmare for so many prisoners and their families once and for all. I urge the Minister and his new Government to take courage and do the right thing by justice. Diolch yn fawr.
Jim Shannon (Strangford) (DUP)
As always, it is a real pleasure to serve under your chairship, Ms Vaz. I thank the hon. Member for Southgate and Wood Green (Bambos Charalambous) for setting the scene so well, and all those who contributed.
We do not have this sentence in Northern Ireland, but I have met some of the groups that have been lobbying here, and they have given me some idea of the process. I want to make a few helpful contributions to this debate and endorse ideas that others have put forward.
There is definitely a need for reform and a review of the IPP sentence system. Others with much more knowledge than me—especially the hon. Member for Southgate and Wood Green—have outlined that well. In Northern Ireland, of course, some prisoners are in shockingly similar positions, so I want to add to this conversation.
It is a pleasure to see the Minister in his place. He and I have been friends for many years. We were brought together not just because we are MPs but because we are Leicester City football club supporters; we were the Leicester City House of Commons football supporters club. There were not many of us—perhaps there are not many more now, but there are a few more Leicestershire MPs, so we have maybe half a dozen supporters now.
It is also a pleasure to see the Minister—
Jim Shannon
The shadow Minister—absolutely. We sometimes forget that time has elapsed. It is nice to see him in his place too.
It is clear that IPP sentences remain an issue. The House of Commons Library prepared an excellent briefing for us, which helped us bring together our thoughts. As of 31 March 2024, there were 1,180 unreleased IPP prisoners and 1,616 recalled IPP prisoners in custody in England and Wales—a total of 2,796. Given the accommodation issues in prisons, it is clear that we must look at this integral part of the system and the process as we try to find solutions and move forward.
As of March 2024, all but 13 unreleased IPP prisoners had passed their tariff date. The pressure caused by those sentences on the system must be addressed, but we cannot ignore the need to ensure public safety. Although the system and the tariffs must be looked at, the safety of the general public is key, so we must ensure that anybody who is released is not a danger to them.
We could get into the whys and wherefores—the reasons our prisons are overrun. That is not what this debate is about, but I have heard them all from the concerned victims of crime when the perpetrators are released early. When I ask questions of the Minister in the Chamber, I always focus on the victims, and I wish to do that today. It is very important that we do not forget them as we try to find a solution for IPP prisoners.
The main issue behind the complaints is not justice, but fear. The victims are frightened, and the necessary changes and reform must have three foundational principles: justice, rehabilitation and the victims. They are on an equal footing, although I always focus on the victims.
I understand why we are having this debate. It is incredibly difficult to factor in unended prison sentences when planning the prison system, but we must ensure justice and listen to victims’ voices when we reform this system. When these people are released automatically, they must not be left in the midst of a community that has no way forward. Resettlement after prison terms have been served is an issue throughout the UK, so there are things to be done and put in place before anyone can be released from prison.
The Government need to make changes, but they must satisfy those three core principles. My plea for prison reform throughout the United Kingdom is that it must meet the principles of justice and rehabilitation. Importantly, we must listen to the voices of victims. It is not an easy task. The Minister has got a big task ahead of him. I am quite sure he will be able to respond to that, but these things have to be done correctly, wisely and sensitively. I suppose that is really what I am asking for. Now is the time to bring about those steps.
Lauren Edwards (Rochester and Strood) (Lab)
I thank my hon. Friend the Member for Southgate and Wood Green (Bambos Charalambous) for securing this debate. The introduction of IPP sentences was well intentioned but in reality it has gone badly wrong. That is not only my view but the view of Lord Blunkett, who was Home Secretary when IPP sentences were introduced.
We know that two of the key failures were that IPP sentences were intended for only the most serious violent and sexual offences but in practice captured many of the lower level criminal offences and were applied to shorter sentences, and that the practical implications of the recall provision were not properly appreciated or considered at the time of introduction. From what I understand, we have cross-party agreement on that assessment and on the intention to correct it. I view today’s debate as being about how we can best and most quickly achieve that aim and address, as others have said, a gross injustice.
As a MP for only a matter of months, I am already acutely aware of the toll those sentences have taken, not only on the prisoners who are affected but on their family members. I have at least two constituents who are currently recalled to prison because of non-criminal breaches of their licences and who are dealing with post-traumatic stress and other mental health challenges. That is driven to a significant extent by the uncertainty about whether they will ever be released or even about when their next parole hearing will be. As I and others have mentioned, that also significantly affects the family. I am sorry to say that I have been made aware that one of their partners has committed suicide in recent days. Her family’s view is that her losing her partner and her main source of support, while he was on one of those sentences, has been a contributing factor.
I know the Minister and the Secretary of State are taking action to implement the Victims and Prisoners Act 2024, passed by the last Government, and I really welcome that. The new automatic termination process and the presumption to terminate, and reducing the associated qualifying periods, will help a significant number of those currently on IPP licences. I ask the Minister to consider what additional steps the Government could take to accelerate the safe release of IPP prisoners who are still in custody, and to prevent the recall merry-go-round which many have experienced.
Recalled prisoners are a growing proportion of the total number of IPP prisoners in England and Wales. Many of the reasons for recall speak more to the need for mental health provision than for a recall to prison. For instance, one of my constituents was recalled for things he said to the police during a mental health crisis while intoxicated. Having served 17 years on an IPP sentence, he will now be in prison for an indeterminate length of time while waiting to be seen by the Parole Board, having committed no further criminal offences.
As far back as 2008, the chief inspectors of prisons and probation were highlighting the lack of resources necessary to rehabilitate IPP prisoners and the enormous strain IPP sentences placed on the prison system and the Parole Board. We know we inherited from the last Government a prison estate and a criminal justice system that is now in even worse shape. It is teetering on the edge and requiring the early release of some prisoners where it is considered safe to do so. I certainly welcome the action the Minister and his colleagues have taken to begin to clean up the mess.
Last week in the main Chamber we were told that IPP sentences would be excluded from the sentencing review announced by the Secretary of State. I understand the reasons why, but the actions that are being taken for those on IPP sentences and the new sentencing review must speak to each other, particularly where they are addressing common challenges such as the need to focus on rehabilitation and support in the community and to free up prison places across the prison estate.
Key to this will be the IPP action plan. We have a plan, but as yet no report to Parliament on its effectiveness. My understanding is that that was due in March, but was delayed to May by the previous Government and has still not been published. I therefore urge the Minister to bring forward that publication as a matter of urgency, together with the annual report by the Secretary of State on steps taken to support those serving IPP sentences with their rehabilitation and progress towards release.
I also urge the Minister to consider the ways in which the IPP action plan could be improved, reflecting on some of the feedback on its inadequacy that has been highlighted by previous Justice Committees and other civil society organisations. We must understand the adequacy of the current support available to prisoners serving IPP sentences or who have been recalled and have clear measures of assessment. We cannot continue to have IPP prisoners languishing in our overcrowded jails.
As of March this year, 80% of unreleased IPP prisoners had been in prison for over twice their original tariff length. I previously mentioned that IPP sentences had been attached to offences other than the most serious offences that were intended in the original legislation. I note that around 190 IPP prisoners are still in custody more than 10 years after completing their original tariff of two years.
As the Justice Committee, the Howard League for Penal Reform and the Prison Reform Trust have said, there are high rates of self-harm and recall to prison among IPP prisoners. That should cause us to look very closely at the adequacy of the support they are receiving, both in prison and when out on licence, and make improving it a priority for the new Labour Government. It is self-evident that those two things are linked, and that it will be very difficult for IPP prisoners to show that they no longer present a threat to the public if they are not receiving intensive support to deal with the psychological effects of believing they may never leave prison despite, for instance, having passed the end of the two-year tariff more than a decade previously. Lord Moylan has in the past described IPP sentences as
“a form of mental torture”,
as other Members have referenced today. I agree with him that we have a moral responsibility to administer justice to IPP prisoners, who have been neglected for too long.
Some Members have today raised resentencing. I know from her answer to my question in the Chamber last week that the Secretary of State is not in favour of resentencing. However, it is not clear to me why it could not be done in a way that balances the protection of the public with justice for the individual offender, as recommended by the Justice Committee in the past, via an expert committee that could correct any disproportionate sentences while considering public safety. A wide range of respected organisations consider that that could be done and I would welcome more clarity from the Minister on that point.
Just as I opened with words from Lord Blunkett, so I will end with them. He has described the current situation concerning recalled IPP prisoners in particular as “unequal”, “unjust” and “immoral”. The coalition Government took the right step in ending IPP sentences in 2012, but they left unfinished business. Those still serving IPP sentences, or who have been recalled, need a system that will be fairer to them and give them the necessary support to leave prison while preserving public safety. It is our issue to fix as the new Labour Government.
Dr Danny Chambers (Winchester) (LD)
Thank you for calling me to speak, Ms Vaz. I also thank the hon. Member for Southgate and Wood Green (Bambos Charalambous) for securing this debate on a hugely important subject. As the Liberal Democrat spokesperson for mental health, I will start with a story that illustrates the issues that many have been touching on about people not knowing when their release date is going to be and how it can affect mental health.
Many Members will have heard of Tommy Nicol. He is a tragic illustration of what can happen when the mental health needs of IPP prisoners go unmet. Tommy was sentenced to four years for robbery, but he served six years without hope of release. The Parole Board then recommended that Tommy complete a course of therapy, but there were no services available. When he subsequently moved prisons to access better services, he self-harmed and set fire to his cell. That then landed him in isolation, where he became psychotic and inflicted more self-harm. Just three days after being moved into isolation, he tragically took his own life.
Despite the clear warnings that Tommy was psychiatrically unwell, no mental health assessment was ever carried out and there was zero mental health support during his time in isolation. The consultant forensic psychiatrist who gave evidence at the inquest said that the IPP sentence had contributed to Tommy’s death, as he had completely lost hope. Tommy had made a complaint a few years previously that his lack of a certain release date was the
“psychological torture of a person who is doing 99 years”.
We know that individuals serving IPP sentences often end up extremely unwell, with high rates of suicide and self-harm. It is hard to imagine being locked behind bars for maybe 22 hours a day without hope of release. Most of us here seem to agree with Tommy that that amounts to psychological torture.
Today we are focusing on the critical issue of IPP sentences, but to understand the impact they are having, it is worth considering them in the broader context of the state of our prisons. HMP Winchester in my constituency serves as a stark example of the ongoing crisis. Just last week, it was placed under the urgent notification process following an inspection by HM inspectorate of prisons. The findings paint a troubled picture: the years of underinvestment have left lasting physical and psychological impacts on both prisoners and staff. Resources for rehabilitation and education are severely lacking. That only perpetuates the high reoffending rates, which are bad for the prisoners and costs taxpayers even more in the long run.
If rehabilitation is the fundamental purpose of prison, how can we expect individuals to reform when faced with conditions like those reported last week in HMP Winchester? Consider these distressing statistics: 47% of prisoners report easy access to drugs; 41% return positive results on random drug tests; many are sleeping in cramped and dirty cells; self-harm and suicide have become normalised and prisoners spend up to 21.5 hours each day confined to their cells, with only 2.5 hours outside. Those conditions, marked by violence, isolation and pervasive drug use, paint a bleak reality that makes rehabilitation nearly impossible.
Individuals serving IPP sentences are suffering immensely, with mental health issues running high and suicide and self-harm rates elevated. IPP prisoners are two and a half times more likely to self-harm than those serving other types of sentences, and we know that prisoners in general are more likely to self-harm than the general population. Despite that, the recent independent sentencing review excludes IPP sentences entirely. It is profoundly unjust that some individuals with lesser offences are stuck in IPP limbo, while others who committed more serious crimes are being released early under the Government’s current policy. Reforming IPP sentences could alleviate prison overcrowding, improve mental health outcomes and enhance safety, yet those reforms remain absent.
The Lib Dems urge the Government to establish an expert committee to advise on how we can swiftly resentence individuals still serving IPP terms. Addressing the crisis in our prisons, at HMP Winchester and all the others, is essential. We must right the wrongs of IPP sentencing. If our goal is rehabilitation, we should be providing the resources and the conditions necessary for these individuals to re-enter society as productive citizens, not leaving them scarred by indefinite incarceration.
The Secretary of State has assured us that the independent sentencing review imposes no constraints, and yet a glaring oversight persists: the exclusion of IPP sentences. Nearly 3,000 individuals remain incarcerated without a defined release date, some for lesser offences than those who have recently been released under the current policy. Reforming these sentences is not only a step towards justice, but a practical partial solution to overcrowding. As mental health spokesperson, I am particularly concerned about the deterioration of IPP prisoners’ mental health. As the hon. Member for Southgate and Wood Green mentioned, we are worried about how that may affect any subsequent parole hearings. We ask the Government why they have chosen to exclude IPP sentences from the review, and whether that that decision will be reconsidered.
Edward Argar (Melton and Syston) (Con)
It is a pleasure to serve under your chairmanship, Ms Vaz, and a privilege to speak in today’s debate. Doing so from the Opposition side of the Chamber takes some getting used to, though I fear I may have time to get used to it. I am very pleased to see the Minister here; I know him well and he is a thoroughly decent and able man, so it is a pleasure to see him back in the House after a brief absence from this place.
I congratulate the hon. Member for Southgate and Wood Green (Bambos Charalambous) on securing this debate on an issue on which there are strong and sincerely held views. I know the hon. Gentleman well. He spoke eloquently and with typical decency and humanity. Before moving to the substance of the debate, as a Leicestershire MP I say to the hon. Member for Strangford (Jim Shannon) that he and the Minister might have another ally in their footballing cause in this House.
[Clive Efford in the Chair]
As we have heard, the IPP sentence has understandably been called a stain on our justice system, not least by my predecessor in office, the former Lord Chancellor Alex Chalk, among others. It is a sentence that can keep people essentially in limbo in what could be termed preventive detention, not because of something they have done, but because of something that they may do.
The sentence was brought in under the previous Labour Government by the then Home Secretary, David—now Lord—Blunkett. I take this opportunity to pay tribute to him for what he has done subsequently. He has become one of the greatest advocates for reform, which speaks of his integrity. It takes a big person to acknowledge the botched introduction of the legislation in 2005 and the error that was made; it speaks well of him that he has been willing to do so.
A decade on from the 2012 abolition, the Justice Committee report of September 2022 was hugely important in what it said and the look it took at this issue. It made a number of constructive recommendations, which the previous Government considered very carefully. I am pleased that in the final days of the previous Parliament, a consensus was reached that enabled the then Victims and Prisoners Bill to progress into legislation. I am grateful to the now Government for the constructive approach they took in those final days. Changes to the IPP sentence were a key part of that.
The hon. Member for Southgate and Wood Green and the hon. Member for York Central (Rachael Maskell) called for those changes to be enacted. That has already been done through that legislation, reducing the licence period from 10 years to a review at three years, reflecting what the Justice Committee said—although going a bit further than the five years it suggested—with the Parole Board then considering the termination of the licence. There is a presumption of termination, but it is a rebuttable one were there to be any other considerations to be taken into account. Were that not acted on after the three years, after a further two years the Secretary of State must terminate that licence, unless there had been a recall during that period. Those changes have already been made, and I believe the implementation was carried out relatively recently by the new Government.
That new test creates a presumption for licence termination unless public protection considerations mean that the Parole Board deems that licence to be needed. There is a hugely difficult balance to be struck, rightly, between the challenges the hon. Member for Southgate and Wood Green, among others, set out and the challenges that the sentence poses—to hope, and to the ability to see a way forward and make progress, for those serving way beyond the time that would be handed down under the current sentencing regime for the equivalent crime.
That must be set against public protection considerations, which must also be at the heart of the approach. Where the Parole Board has deemed it will not agree the termination of the licence, that is because the Parole Board has refused on the grounds of public protection. We have heard today of the huge impact that the nature of that uncertainty, lack of hope and clarity has on those serving IPP sentences.
That lack of hope has an impact on those people’s mental health. The nature of the sentence has a huge impact not just on individuals but on their family, friends and others. The right hon. Member for Hayes and Harlington (John McDonnell) set that out very eloquently, as he does. I must always be careful in lavishing praise on the right hon. Gentleman, as it will probably not do my political career much good, but I found myself reflecting carefully on what he said because he made his point in a measured, and very human, way. This is why the changes contained in the Victims and Prisoners Act were needed.
However, although the Justice Committee recommended resentencing, that would potentially see those whom a parole board had very recently considered not safe to release on public protection grounds released immediately, even if that went contrary to the board’s view. Just last week, in her response to questions following the statement she made to the House, the new Lord Chancellor set out her view that His Majesty’s Government continue to oppose resentencing, as set out in the Justice Committee’s report.
The hon. Member for York Central highlighted the huge importance of progress—of people being able to see their progression towards release and the termination of their licence. Engagement and support is absolutely central to that. The changes to licence times, and the approach to licence termination, will help people progress, but it is important that we reflect, as the hon. Member for Strangford said, not just on those IPP prisoners but on the victims of those crimes, and it is right that we consider both in the round.
Before I turn to that, I think we are beginning to see some progress. When this matter was debated in the context of the Victims and Prisoners Bill, the figures were that around 3,300 IPP prisoners were still detained; the latest figures from the House of Commons Library show that there are now just under 2,800. That is a degree of progress. Equally, it is important to remember that at that time about 1,200 had never been released or had the opportunity to make progress and be released, so more progress needs to be made.
I will put a number of questions to the Minister, and I expect he will respond in his typically helpful and constructive manner. Can he set out what progress is being made on the action plan? I think the hon. Member for Rochester and Strood (Lauren Edwards) touched on this, but my understanding is that, with the passage of the Victims and Prisoners Act through Parliament, it was deemed that there might be an interaction between that and the action plan. That explains the delay: the plan would have been published earlier this year, but the changes made in the Act were—and are—significant. I would welcome the Minister’s reflections on that.
The Liberal Democrat spokesman, the hon. Member for Winchester (Dr Chambers), clearly and eloquently set out the importance of mental health considerations in this context. Mental health can have an impact both on those with an IPP sentence and on their families and friends, and there is a need for mental health support and care to enable that progression, both inside prison and on release so they can continue to abide by the terms of the licence. What support is available to IPP prisoners before they appear before the Parole Board to best demonstrate what they have achieved?
If victims anticipate a release date further in the future, they might well be concerned about what happens if a licence is breached, or if there is suspicion of that. How is that reported—to probation, or to the police—and how is it acted on? What action would be taken? Once a licence is terminated, would the victims’ understanding be right that at that point they have no further options, because that person is deemed to have served their time and to be a free citizen?
To conclude, Mr Efford, I am conscious that the previous Lord Chancellor continues to look very carefully at the issue. We saw the approach he took in the Victims and Prisoners Act, and he was clear that he would always continue to look carefully at any changes recommended by Committees or others, ensuring that balance between justice for IPP prisoners and addressing the concerns of victims and public protection. Will the Minister confirm that he and the new Lord Chancellor will continue to adopt a pragmatic and measured approach in considering this incredibly challenging issue?
The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)
It is a pleasure to serve under you in the Chair, Mr Efford. We have had a full and informed debate, and I thank my hon. Friend the Member for Southgate and Wood Green (Bambos Charalambous) for securing it and setting it off in such a positive way. He drew our attention to the issues and reminded us, as others did, of Lord Blunkett’s words about IPP sentences being the “biggest regret” of his political career. We all need to roll up our sleeves and work across the parties. I welcome the fact that the Opposition spokesman, the right hon. Member for Melton and Syston (Edward Argar), recognised how we, in opposition, worked constructively with the Government. He is now doing the same. The problem belongs to all of us and we should put our shoulders to the wheel to resolve it in the best way possible.
My hon. Friend the Member for Southgate and Wood Green also drew our attention to the heart of all this: these prisoners often feel a loss of hope and that they are in a cycle of despair. It is our responsibility to do all we can to break that cycle. My right hon. Friend the Member for Hayes and Harlington (John McDonnell) spoke with deep understanding and eloquence. He drew attention to the way in which prisoners often self-harm and the need for programmes to be focused precisely on the needs of individuals to bring about practical action. I hope that is where we are going now with the action plan and the dashboard behind it, which follows each individual prisoner so that the right approach can be taken for them and so that they and the prison authorities know what they have to do to allow people to move to the next stage so that there is, we hope, a positive outcome for everybody.
My hon. Friend the Member for York Central (Rachael Maskell) spoke about people languishing in their cells without hope. That is a depressing picture and we all have a big responsibility to turn back the clock so that it is no longer the case. The right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts)—I pronounced her constituency wrong but did my best, so I hope she will forgive me—drew attention to the comments of the special rapporteur. Lord Timpson met the special rapporteur yesterday, so we are taking those issues seriously as we try to move forward.
The hon. Member for Strangford (Jim Shannon) spoke with his usual warmth and passion. He drew attention to the important principles of justice, rehabilitation and the needs of the victims, and the need to balance them as we move forward. My hon. Friend the Member for Rochester and Strood (Lauren Edwards) focused on the words of Lord Blunkett, but also drew our attention to the way recall has been used in a way perhaps not anticipated at the outset. I hope that what happens later this week will help remedy some of that. The Lib Dem spokesman, the hon. Member for Winchester (Dr Chambers), gave us Tommy’s harrowing story. Sadly, there are many stories like that, and our job is to try to ensure that there are not more in the future.
A lot of the history has already been dealt with, so I will not go back over what has been covered so well by others. The Government recognise the challenges faced by those serving IPP sentences, and it is absolutely right that the sentence was abolished. More than 5,000 people are still serving IPP sentences. For those serving the sentence in prison, the Government are determined to give them the support and opportunities they need to make further progress towards a safe, sustainable release. For those serving the sentence in the community, an end to the sentence is now within their grasp.
The debate is timely, as I was pleased to meet the IPP Committee in Action with Lord Timpson today—I see members of the group in the Public Gallery—in what I felt was a positive meeting. That does not mean that everything was where we wanted it to be, but it was a constructive, positive meeting, as we tried to work with people with genuine concerns and experience to get better outcomes.
This Friday, we will implement the first phase of changes to the IPP licence period in the Victims and Prisoners Act 2024, which we supported in opposition, and we are determined to implement those vital provisions at the earliest opportunity. We will also publish an updated IPP action plan shortly, which will continue to focus on the rehabilitation of IPP offenders through frontline delivery in our prisons and in the probation service. It remains the case, however, that supporting IPP offenders continues to present a number of challenges, particularly when it comes to those who have never been released. In addition, we must never lose sight of the paramount importance of protecting the public, which the right hon. Member for Melton and Syston spoke about so sensibly.
The changes to the IPP licence in the Victim and Prisoners Act will mean that this Friday those who were first released at least five years ago—or four years ago for those convicted when they were under 18—and who have spent the last two on licence without recall to custody will have their licence automatically terminated on 1 February 2025. The qualifying period for when the Secretary of State must refer an IPP licence to the Parole Board for consideration of licence termination, which is currently 10 years, will be three years, or two for those convicted when under 18. Commencing the new measures means that the IPP licence will end automatically for around 1,800 people on 1 November. In addition, 600 people will be referred to the Parole Board to consider licence termination on 1 February 2025. We anticipate that the changes, once fully implemented, will reduce the number of people serving IPP sentences in the community by around two thirds.
I recognise that the changes will not automatically result in any change to the status of those serving IPP sentences in prison. For that reason, the Government are determined to give those people every chance to make further progress in reducing their risk and eventually obtaining a release direction from the Parole Board in a way that prioritises public protection. As hon. Members have said, there is a responsibility on us to provide hope, but also to ensure that hope is realistic and proper.
The IPP action plan is one of the first steps in delivering that. The refreshed plan, which my hon. Friend the Member for Southgate and Wood Green asked for, places greater emphasis on effective frontline delivery in our prisons to ensure that prisoners serving IPP sentences have robust and effective sentence plans that they are actively engaging with, and that they are in the correct prison to access the right interventions and rehabilitative services. Lord Timpson, the Minister for prisons, probation and reducing reoffending, is determined to use his role to achieve that, including by ensuring that HMPPS delivers effective sentence planning and timely prison transfers. Lord Timpson would also remind us that in the Timpson business he had 30 IPP prisoners as good, effective colleagues, so he has lived experience of working hard to deliver for people in this area.
Those efforts will ensure that IPP prisoners can get to the right place to pursue the programme of intervention that they need to reduce their risk and make further progress towards a future release by way of the direction from the Parole Board. Around 30% of IPP prisoners are not currently in the correct prison to start the next formal intervention specified in their sentence plan. We are clear that that must be addressed as a matter of urgency, notwithstanding the challenges brought about by the current population pressures, which the Government are taking decisive action to tackle.
Rachael Maskell
My constituent has been waiting 17 years for release. Can the Minister provide a timeframe by which my constituent can expect to hear what the justice system further expects of him before he gets that release?
Sir Nicholas Dakin
Each case is different, so I come back to the importance of individual plans for individual prisoners, and the fact that they need to know, from conversations with the prison authorities, exactly where they are and what intervention is there, and they can see themselves progressing positively towards a positive outcome. It is impossible to give a timeframe on each individual case, but I would hope that each individual would have a feel of what the timeframe might look like for them.
Every prison now has a dedicated full-time neurodiversity support manager, and each has attended a bespoke awareness session on the IPP sentence and its impact on those serving it. Those managers are working with frontline staff to help them improve their support and communication with neurodiverse IPP prisoners, fostering good relationships and effective support for improved prospects of progression. We will continue to focus on delivering good education training and work opportunities in prison to build skills, alongside support for IPP prisoners to access employment and accommodation on release.
The IPP action plan is reviewed annually, and the Government will continue to scrutinise thoroughly progress made. To increase accountability, next summer the Lord Chancellor will be laying before Parliament the IPP annual report, which will detail the activity that has been undertaken to support those serving the IPP sentence, and hopefully address the points that have been made about where individuals lie in relation to confidence and assistance. If the anticipated progress is not being made, we will then consider what more we must do to drive the progress that we are determined to see. We will not accept no progress; we expect and demand progress, and that is what we will be looking for.
I appreciate that those still serving the sentence in prison will consider that they have not really benefited from the previous IPP action plans—there is some scepticism. This Labour Government will not allow that to be the case in future. We will robustly drive meaningful actions to deliver actual changes to how well IPP prisoners are protected and supported. That includes supporting those who have never been released, and those who have been recalled to custody. Recall remains a vital function in managing the risk of released IPP prisoners. The thematic review from His Majesty’s inspectorate of probation highlights the fact that decisions to recall IPP offenders have been proportionate and necessary, and that must continue to maintain public protection.
The Government’s overriding priority remains the protection of the public—I was pleased that the Opposition spokesperson, the right hon. Member for Melton and Syston, reiterated that in his comments—but, as my hon. Friend the Member for York Central pointed out, that needs to be robust and consistent. It is vital for public confidence and protection that those serving the IPP sentence in prison are released only following a thorough risk assessment that finds that their risk has reduced to the point where they may be safely managed in the community. That is a judgment for the independent Parole Board, which has also recognised that a greater focus on the IPP cohort is necessary. The board has set up a dedicated IPP taskforce so that IPP cases are handled and reviewed by Parole Board members with the appropriate knowledge, experience and expertise of the IPP sentence.
Legislating to give every IPP prisoner a definite release date and post-release licence would result in most of them being released automatically—we are coming on to the issue of resentencing, which I know is an issue of huge contention and concern—but, in many cases, the Parole Board has repeatedly determined that those individuals are too dangerous to be released, not having met the statutory release test. In those circumstances, sadly, public protection has to take priority.
The alternative would be resentencing via the court, which would likely result in most offenders still in custody being released without any licensed supervision, despite the Parole Board having assessed in the past two years that those individuals should remain in custody for the protection of the public, having not met the statutory release test. Either approach, sadly, would pose an unacceptable level of risk to members of the public, and, in particular, to victims. I am especially concerned that resentencing could result in dangerous IPP prisoners being released, without a licence period, into the community.
John McDonnell
I do not want to disagree with my hon. Friend, but that is a distorted reading of the Justice Committee report. It actually saw resentencing as enabling a refocusing on these particular prisoners, and an expert panel was to be involved to ensure that there was not a mass release in that way; there would be a staggered release, with all the expertise and support available. I think that the Minister has misread the Justice Committee report and should revisit it.
Sir Nicholas Dakin
I will very happily revisit the report as my right hon. Friend advises, but the reality is that we need to crack on with this. We need to get things to a better place as quickly as possible, and that means having the right support available to support each individual, to move them on their way. There may be a way of resentencing happening, but it is complicated and it has significant risk, which is why we are not going there. People released in those circumstances would not be subject to any licence conditions, including those that protect victims, for example by prohibiting contact with victims and enforcing exclusion zones. I do not accept that that is an acceptable position for victims.
On IPP offenders in the community, a resentencing exercise would also halt the risk management and support for these individuals, some of whom will be at the critical moment of having been recently released from custody. The Victims and Prisoners Act 2024 makes significant changes to the IPP licence period and allows for the termination of the IPP sentence in a safe, sustainable way, ensuring that the public and victims are best safeguarded. It is about balance, and I recognise that there are very strong arguments— and good arguments—for the balance to be elsewhere, but this is where the Government want to place the balance at the moment.
Rachael Maskell
The big issue, which I think all colleagues across the Chamber have been raising consistently in this debate, is people’s mental health. Continuous uncertainty will continue to mean people having very poor mental health, including self-harming and, tragically, losing their lives. Will the Minister ensure that he puts time frameworks around what he is talking about, so that people can start planning in their mind what their future looks like? At the moment, they are still looking down a very dark hole.
Sir Nicholas Dakin
Each IPP prisoner should know what they need to do in order to make progress through the system or towards the community, and each IPP prisoner should also know what the system should be doing to support them. That is the question, really, and I look towards friends and family because they are a massive resource in this respect. If individual IPP prisoners do not know what they should be doing in order to move on the journey towards release, or they do not know what the system should be doing to support them on the journey towards release, which includes support on mental health and other support of that kind, then there is an issue that we need to focus on and deal with. That is my answer to that point.
I will come on to the questions asked by the Opposition spokesperson, the right hon. Member for Melton and Syston, about what progress is being made on the action plan. I hope I have managed to cover off in my response the fact that the action plan is central and progressing in the way that we would wish. I have just mentioned mental health support. In relation to the licence breach, where the licence is still in force and victims become aware that an offender has breached a licence condition—for example, if they have entered an exclusion zone—they may report it to the police or their victim liaison officer. Where the licence is terminated, all licence conditions end, including exclusion zones.
John McDonnell
This debate has been helpful in expressing the concerns that people have. I am worried that we have been in this situation many times before, relying on an action plan that is never implemented effectively. I hope the Minister is saying that this one will be, but I must say that I have some scepticism, given the resources within the prison network and system at the moment. It is worth revisiting the discussion about the Justice Committee recommendations. Will he meet with a number of us from both Houses to talk through those and see whether, as we monitor this action plan, we can actually prepare a fall-back if it does not work?
Sir Nicholas Dakin
I am happy to meet my right hon. Friend and colleagues across both Houses with Lord Timpson to discuss progress on this in broad terms, because we can work together. We all want improvements, and we want this long-standing injustice to be put right for the future, and if we work together we are more likely to achieve that. I thank everybody who has spoken in this most timely and helpful debate, particularly my hon. Friend the Member for Southgate and Wood Green, who secured it.
Bambos Charalambous
I also thank colleagues who have taken part in the debate, which has been thorough and thoughtful. There have been great contributions from everybody. I also have an apology from the Justice Committee, which is in its first meeting right now so its members could not be present, but would have liked to attend, so we would have had more voices around this Chamber.
I welcome many of the comments made by the Minister, particularly those about the action plan and the dashboard for prisoners. They need to know what is happening, so I welcome that. I also welcome the fact that they need to be in the correct prisons in order to progress and the fact that they will have dedicated time to see support workers and get the right education and training to be released. I look forward to seeing the action plan when it is republished, and I am keen to see what progress it makes, because we want to see progress and ensure that IPP prisoners are no longer suffering and are able to get on with their lives. It impacts not just them, but their families. If this does not work, I certainly think we need to revisit the resentencing option.
One point made by numerous Members in the debate was about the recommendations of the Justice Committee, which talked about having an “expert committee”. It is about looking at and resentencing each individual case, which would be very time-consuming, but the right and just thing to do. We will see where we go, and we will monitor the progress made on this by the Government. If progress has not been made, we will come back and seek to look at other alternatives, but I welcome the measures put in place so far.
Question put and agreed to.
Resolved,
That this House has considered imprisonment for public protection sentences.