Imprisonment for Public Protection (Re-sentencing) Bill [HL]
(1 day, 16 hours ago)
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Lord Woodley (Lab)
My Lords, it is a great honour to open this debate today and to lead this important legislative campaign to abolish, once and for all, the great injustice that is imprisonment for public protection—or IPP sentences.
Parliament abolished IPP sentences on human rights grounds in 2012 but not, unfortunately, retrospectively, leaving thousands stuck with no hope and serving long, long-discredited, sentences. At least 90 prisoners have taken their own lives. Some are now free, both from prison and from licence in the community, having jumped through the right hoops—at least those who were fortunate enough to have the hoops to jump through.
I pay tribute, though, to the previous Lord Chancellor, and the current one, for making significant changes to shorten the licence period, ending this living nightmare for around 1,800 former IPP prisoners earlier this month. But many prisoners are still living this nightmare, and it is those people who I focus my Bill on, which quite simply seeks to convert these never-ending IPP torture sentences into regular, normal, determinate sentences with an end date, giving them hope.
There are three groups we are concerned with here. The first is the never released IPP prisoners, of which there were 1,095 at the end of September this year. The second is the recalled 1,600 people who the Parole Board has at one point considered safe for release, but who have since been recalled to prison due to a licence breach, though in the majority of cases for no further offence. They now need again to prove to the board, 18 months or more into the future, that they will still be safe for release. The third is those now out on licence—around 1,200 people currently considered safe by the Parole Board, yet still living in a state of fear and paranoia about recall to custody.
My Bill seeks to resentence all three groups eventually, along the lines suggested by the Justice Committee in the other place back in 2022. In fact, the Bill mirrors the amendment first moved by the committee’s widely respected former chair, Sir Bob Neill, to the Victims and Prisoners Bill, and then in your Lordships’ House by the noble Baroness, Lady Fox.
As your Lordships will no doubt be aware, resentencing was described by the committee as,
“the only way to address the unique injustice caused by the IPP sentence”.
Crucially, the committee also recommended setting up
“a time-limited small expert committee to advise on the practical implementation of the resentencing exercise in conjunction with the senior judiciary”.
The role of the expert advisory committee is extremely important but rarely, if ever, acknowledged by the Government. I sincerely hope the Minister will address this concern. The expert committee, hand-picked by the Government, alongside the judge nominated by the Lord Chief Justice, would be free to explore all options for resentencing and to make suggestions for how this could indeed be achieved, balancing the important fundamental principle of justice with the importance of public protection. My Bill then calls on the Government to enact legislation to enable this resentencing to take place for all three groups, but in whatever order the committee advises, perhaps prioritising those with the shortest tariff or the longest time over tariff.
At this point, I make an apology for a couple of flaws in the Bill, which have been graciously pointed out to me by Nicholas Cooke KC, a former deputy High Court judge who has himself handed down IPP sentences. There are two flaws for us to be concerned with, and I will immediately table amendments that I hope will address them both in Committee. I genuinely apologise in advance if the following is less suited to Second Reading than Committee, but I believe that the Bill must be in the best possible shape if it is to find any favour with His Majesty’s Government. I hope there are elements of the Bill that the Minister might find palatable.
The first flaw relates to Clause 1(6) about imposing no heavier penalty than the original tariff. Of course, the tariff was set as a minimum release date, equivalent to a standard release of 50% of the way through a sentence, which now, of course, is 40% with SDS40 involved. The correct maximum penalty to be imposed with resentencing, therefore, would be double this tariff. My first amendment will clarify this.
The second flaw concerns those people who would otherwise be sentenced to life imprisonment had IPP not been available and who are still considered a substantial risk of causing serious harm if released. I accept that there should be provision for keeping an IPP sentence in place in those circumstances, although I suspect this would apply to only a relatively small number of cases.
None of this is meant to distract from the very real need for movement by this Government on resentencing. I am aware, as are your Lordships, that the Government’s current position, as in Opposition and like the previous Government’s position, is that resentencing will not be considered on the grounds of public protection. This has been expressed by new Ministers, but there appears to be some confusion as to what resentencing actually means.
Most recently, at a Westminster Hall debate last month, Minister Dakin expressed concern that
“resentencing could result in dangerous IPP prisoners being released, without a licence period, into the community”.—[Official Report, Commons, 29/10/24; col. 242WH.]
With respect, this is a distorted reading of the Justice Committee’s report, and I hope the Minister will address this discrepancy in due course. The missing point, as was highlighted, I think, by every other speaker in that debate apart from the Opposition spokesperson, is that the expert advisory committee would be there to ensure that this is not the case. For example, the committee could advise that releases should be staggered so that probation can properly mitigate any risk, with suitable licence periods imposed. Please can we move the argument on from automatic release and no supervision to the practicalities of what a fair and safe resentencing exercise would actually look like?
My Bill proposes, as did the Select Committee, that everyone on an IPP sentence—all three groups mentioned earlier—is resentenced within a set period of time. But if the Government cannot stomach what was described in last month’s debate as the “full-fat version” of resentencing then perhaps they might consider partial resentencing, which might look, for example, at just the second two groups to start with: those who the Parole Board has at one point considered safe for release. Surely the public protection argument against resentencing this safe for release group is less problematic. Or it might look at just the third group: those currently released and living as normal lives as possible in the community. Surely the public protection argument against resentencing them is non-existent, so why will the Government not consider sentencing these people who, I repeat, the Parole Board currently consider safe?
The Minister in the other place made a valiant effort to explain why at the debate, claiming resentencing would
“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”.—[Official Report, Commons, 29/10/24; col. 243WH.]
But of course, as I just explained, that would be entirely up to the Government. If the Government wanted to continue the risk management and support, all they would have to do would be legislate for this as part of a resentencing exercise.
I hope all these issues can be properly explored in Committee if the Government grant time for it, but before I sit down I thank the dozens of individuals and organisations that have contributed to this really important debate. Most of all, I thank all the IPP prisoners and their families who have written to me with such heartbreaking stories of injustice. My message to them and to all those still serving IPPs in prison or in the community is: please do not give up hope. Likewise, I do not want to give false hope. They deserve better from us all.
It is up to the Government, and the Government alone, whether my Bill becomes law, in whole or in part. IPP reform is clearly a matter of conscience, with the principle of justice to be balanced with protecting the public. Therefore, there should be a free vote on this Bill in both Houses, in my opinion, but I want to work now with the new Government to resolve this scandal for good. If that means making compromises to make progress then I am prepared to do just that. I want to use the Bill to find common ground to bring resentencing a step closer, even if we do not reach our final destination immediately.
Let us work together to end this scandal and give hope, at long last, to the hopeless. History is being written right now, and my plea to the Government is this: do not be on the wrong side of history. Do not wait for the ITV docudrama to cast you unfairly as uncaring, cold-hearted time-wasters who left damaged people—many of them broken by the state—to rot away in prison while those in power stood by wringing their hands. No. Let us work to find a solution before any more lives are lost to this terrible stain on our precious justice system. In that spirit of co-operation, I beg to move.
Lord Garnier (Con)
My Lords, I declare my interest as a trustee of the Prison Reform Trust and as an unashamed admirer of my good friend the Minister for all that he did as chairman of the PRT and as chief executive of Timpson, before he became Prisons Minister, in advancing the cause of prison reform and the welfare of prisoners and former prisoners.
I thank the noble Lord, Lord Woodley, for his thoughtful and thought-provoking speech in support of his Bill, and I thank him for his Bill which provides us with an early opportunity in the tenure of this Government to debate the troubling issue of IPP sentences. Several of us—I see a number of others in their places in your Lordships’ House this morning—have been hammering away about this subject for many years. Although, thanks to the previous Lord Chancellor, my good friend Alex Chalk, some progress in bringing this brutal regime to an end has been made, it is fair to say that finishing the work that began with the abolition of the sentence in 2012 still looks some way off.
The latest MoJ figures from September 2024 tell us that there 1,095 offenders serving an IPP sentence who have never been released from prison on licence. Of these unreleased prisoners who have served their minimum tariff, about two-thirds have been held for more than 10 years beyond their tariff. There are, as the noble Lord mentioned a moment ago, almost 1,600—the number is 1,599—offenders subject to IPP sentences who are in prison on recall.
The English language is a rich one, but even it runs short of adjectives to describe the disgusting state of affairs that is described by people being recalled to prison for an indefinite period for minor breaches of their licences, having already been released many years after the tariff has expired. We must stop recalling people who have committed trivial or non-serious breaches of their licence.
Time does not permit me to set out the whole litany of disgraceful aspects of the IPP regime. For present purposes, while I can concede that there will be political and practical difficulties and risks for the Government, and additional burdens for the court, in having to administer a resentencing exercise for the 2,700 or so IPP prisoners in custody and the hundreds, if not thousands, of others out on licence, saying that it is all too difficult and that we can improve things only at a risk-averse glacial pace is unacceptable, inhumane and uncivilised. If the noble Lord, Lord Blunkett, who I am delighted to see in his place, the Labour Home Secretary who legislated for IPP 20 years ago, can bravely speak up for the need for reform, the current Labour Government should have the courage and decency to bring this miserable saga to an end without delay. As the noble Lord, Lord Woodley, indicated, resentencing does not necessarily mean immediate release from custody or licence restrictions in every case, although I suspect that in about 90% of cases that should be the result.
As the late Lord Brown of Eaton-under-Heywood memorably said several times in your Lordships’ House, the IPP sentence and its consequences are a stain on our criminal justice system. It may not be easy or convenient to remove that stain, but it is not impossible. The Government have a moral duty urgently to remove it, and now is not too soon.
Baroness Ludford (LD)
My Lords, I echo the closing remarks of the noble Lord, Lord Woodley, when I ask how many scandals have to be endured by the citizens of this country before a Government finally say, “No, we are not going to repeat the mistakes of the Post Office Horizon scandal or Windrush or infected blood or Hillsborough or Grenfell. We are going to act to right wrongs and address horrendous injustices”.
The very welcome initiative of the noble Lord, Lord Woodley, in proposing this Bill deserves nothing less than a fully positive response from the Government. There is no excuse for not giving one. We are told that so far they have copied the previous Government in refusing to countenance the resentencing solution recommended so forcefully by the Justice Committee in the other place in its 2022 report because they are concerned about dangerous prisoners being released. The admirable then chairman of that committee, Tory Sir Bob Neill, has been followed in the chair by Labour’s Andy Slaughter, who also says that addressing the IPP scandal is a priority.
The first reason to effect change is the very simple and straightforward ethical and moral argument of justice. The Government need to find a backbone. Those behind bars include James Lawrence, who has served almost 18 years after being originally sentenced to just eight months—25 times over his original tariff. Ninety IPP prisoners have committed suicide, as the noble Lord, Lord Woodley, mentioned. One man set himself alight and another went on hunger strike for 61 days in protest at his plight, which has rightly been called Kafkaesque. Labour’s Bambos Charalambous told the other place in a debate he initiated two weeks ago of
“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”.—[Official Report, Commons, 29/10/24; col. 223WH.]
It is no wonder that the UN special rapporteur on torture has called IPP sentences psychological torture.
What are this Government going to do? Are they going to keep these nearly 3,000 imprisoned people locked up arbitrarily and indefinitely, just like in Guantanamo? That is not hyperbole. Are these prisoners going to become any less dangerous or challenging by getting more and more embittered, angry, hopeless and mentally ill as a result of their outrageous continued confinement? That is surely justification enough to end this scandal but, if it is needed, a second reason is practicality in the light of the prison overcrowding crisis. Of course, the Probation Service needs to be better resourced and other support needs to be put in place in proper release plans to prevent former prisoners experiencing poverty, homelessness, joblessness and other factors that make reoffending more likely, as brought out in the exchange on this topic in Oral Questions yesterday when the noble Lord, Lord Hanson, was deputising for the noble Lord, Lord Timpson, in his ministerial role.
The noble Lord, Lord Woodley, rightly talked about risk management and support, and of course that has to be in place, but it comes back to the indefensible inhumanity of keeping these people in prison. I applaud the criminal justice campaigners and the families who have lobbied and battled on this issue. Clara White, sister of Thomas White, whose mental health has, unsurprisingly, deteriorated in prison, where he has languished for 12 years for stealing a mobile phone, has said that it will take a
“stronger fight than ever before”
to finally put an end to this cruel programme. I am up for this fight because I am outraged that not only did the previous Government refuse to act but so far this Government have too. I hope to hear a change of heart.
Lord Hastings of Scarisbrick (CB)
My Lords, so far we are all in agreement, and we thank the noble Lord, Lord Woodley, for proposing this Bill. Earlier this year, around April, I met a man called Mike at a Harrow youth centre that I had been asked to open. Mike sat me down to remind me that I had met him in autumn last year when he was in a category C prison, and he was delighted to remind me of the details. Last year he had spent nearly 10 months on recall, having been released from an IPP sentence 17 years earlier, as he had forgotten to inform a probation officer that he was taking his wife on holiday in August 2022. As a result of that simple lapse of information, the Probation Service had him recalled to prison. What a waste of public money. What a scandalous destruction of a marriage opportunity. What a pernicious persecution of an individual’s hard-earned freedom for a simple act many decades earlier.
That is exactly why the IPP sentence is so evil and pernicious, and we thank God that the last Government had the guts in their earlier iterations to remove it—albeit not the stamina to deal with the stain of those who remain in prison, nor to end the permanent persecution of those who are outside wondering when the doorbell will ring or a tap on the shoulder will come for some suggestion that they have forgotten an aspect of their sentencing duty. As the noble Baroness, Lady Ludford, said, this is simply psychological torture. It is unacceptable, it is evil and it should not be in our justice system. In fact, it shows us as having an injustice system.
I am wholly supportive of the Bill of the noble Lord, Lord Woodley. As he suggests, it could be amended on one or two minor points but, frankly, we have gone round this circus too many times. The Government would show guts by simply accepting the Bill. I say to my friend the noble Lord, Lord Timpson: accept the Bill, and then we can deal with amendments brought forward by the Government, if necessary. Let us get the process through and then we can all be proud of the fact that Members both in the other place and here have resolved this painful and unnecessary persecution of people who deserve better than all this.
I noticed some months ago that the previous Government were happy to announce in the other place that there should be simple legislation to end the Post Office postmasters’ scandalous sentencing—in one swoop, which we also accepted. Watching the announcement by the Minister in the other place at the time, I noted that he stated that some postmasters deserved sentencing and imprisonment because they had stolen, but the simple legislation dealt with eradicating all sentences. He admitted that this would of course mean setting free those who had stolen. Why then do we continue to persecute those who have done their time, holding them on the inside and then threatening them for the rest of their lives?
Simply, Minister, accept the Bill.
The Lord Bishop of Gloucester
My Lords, I add my voice in favour of the Bill, and say amen to all that I have heard. I declare an interest as the Anglican bishop for prisons in England and Wales. I an not going to repeat all that has been said regarding the shocking statistics that have already been outlined.
Like other noble Lords, I am glad that such sentences can no longer be given and that there have been some changes in the rules around the termination of licences, but those rules are complicated and not easy to navigate. That is particularly significant when it comes to offering hope and support not only to those serving their sentences but to families and friends as well.
At the heart of the Christian gospel is a living hope and a God who, in Jesus Christ, embodies both justice and mercy. The IPP sentence reflects neither justice nor mercy and does not offer hope. When I visit male prisons in particular, I can guarantee that the issue of IPP sentences will nearly always be raised by prisoners, officers and chaplains because of the reality of what is being experienced. Anyone who visits a prison and meets those serving IPP sentences will be struck by the sense of uncertainty, hopelessness and injustice and the impact that it has not only on individuals but on the wider prison and on families on the outside. Surely that is also not helpful for the victims of crime.
When there are people in cells watching those alongside them working towards a clear release date, while the person serving the IPP sentence has no such clarity and may remain in prison for longer than the person who seemingly committed a more serious offence, that of course seriously affects the well-being of the individual. It raises levels of anxiety, hopelessness and alienation, which impacts a wider prison environment and puts pressure on staff. I see and hear again and again the deterioration in mental well-being of those serving IPP sentences, which, ironically, leads to situations that then have an adverse effect on their sentence because of their outbursts of behaviour due to anger, frustration and hopelessness. The cycle is indeed vicious.
Many noble Lords will be familiar with the case of Rob Russell and the tireless campaigning of his brother Roddy. The brothers are originally from the Forest of Dean in Gloucestershire, and I had the privilege of meeting Rob on a recent visit to HMP Swaleside. Rob was given an IPP sentence in 2009 with an initial tariff of two and a half years. He now suffers serious mental distress and seems to be in a disturbing vicious cycle. Prison is not the appropriate place to address his well-being and restoration. This is just one story among many. It is heartbreaking to hear the events of suicide and attempted suicide and to see how that pain and hopelessness continues to ripple out across prisons, families and communities.
I come back to the need for clarity regarding the purpose of prison. If we believe it is all about punishment, then IPP sentences are doing a jolly good job. If we believe in transformation, a reduction in reoffending and transforming lives that create stronger communities, then IPP sentences are failing. It is stark to hear prisoners and staff say how hard it is to speak of hope and justice when someone is living an IPP sentence. For the sake of the prisoners in question, the wider community and our society, I submit that a resentencing exercise is necessary. Like other noble Lords, I ask the Minister to think again on this important matter.
Lord Blunkett (Lab)
My Lords, I congratulate my noble friend Lord Woodley on bringing this Bill forward and on his powerful speech. Many points have been made this morning that we have made before in this House and will make again until we reach a conclusion and can put this tragedy—for that is what it is—behind us.
I have been pleased that the Minister has taken action, with the support of his colleagues, very quickly to implement the changes that were agreed in the Victims and Prisoners Act, not least, on 1 November, the lifting of the sword of Damocles in relation to licence conditions; the further action that will be taken in February; the framework that was published last week, which helps towards the progression that we all want; and, shortly, the action plan that I hope will have been not refreshed but completely revised. I would be grateful if the Minister would tell us when that is likely to be published, because it will be really important in dealing with some of the issues and the tragic cases that have been mentioned already today.
If the Government feel that they cannot do a wholesale resentencing, for the reasons that the previous Administration and my own Government have spelled out already, there may be a halfway house. It may be possible—I know that my noble friend Lord Woodley will have spoken to Nicholas Cooke KC about this, as I have—that we could pull together a panel of retired judges and senior KCs. I say retired because there is a backlog of 65,000 in the Crown Courts at the moment, so the judiciary is stretched beyond belief. Realistically, speaking as someone who, with good and bad outcomes, had responsibility for the judicial system and sentencing all those years ago, I know the pressure that the Government are under. Still, it might be possible to do a sifting job—one already being done in miniature by cases being referred back. Members of this House will have heard of the Doughty Street Chambers. How could we not? It has been successful on a number of occasions recently where it has returned to the cases all those years ago and the way the judiciary dealt with them. I carried my responsibility heavily, and I hope that sometimes the judges themselves will think about why they did not see IPP as part of a menu. Doughty Street Chambers has been able to reopen those cases and get them rejudged.
We can find a way forward if we want to. Mental health provision needs to be stepped up. Mention has been made of Thomas White and I have been in long-standing contact with his family. We can ensure that, in that sifting exercise, we get people on to the right trajectory to be quickly moved out of prison.
Finally, I agree entirely with those who have said that we have got to stop this nightmare of the return to prison, with the notion that those on licence can be returned for quite minor incidents. Whatever the probation inspection said at the end of last year, its underlying message was “We’ve got to get this sorted”. If my noble friend Lord Woodley’s Bill and the amendments he has already put down are an avenue for being able to do that, so much the better.
Lord Carter of Haslemere (CB)
My Lords, I declare my interest as I am also a trustee of the Prison Reform Trust.
I welcome the progress that is being made by the Ministry of Justice in automatically terminating the IPP licences of around two-thirds of those on licence as of March 2024. But we are still talking about more than a thousand IPP prisoners who have never been released, and more than 1,500 who are in prison having been recalled, which I find deeply troubling. We are all familiar with the injustice at the heart of this, but it bears constantly repeating. The offence was abolished in 2012 because Ministers recognised and declared that it was unfair, yet, shockingly, no transitional provision was made for existing IPP prisoners serving this unfair sentence, so we are faced today with three startling facts.
First, there are some IPP prisoners who are many years past their tariff and have even served longer than the maximum determinate sentence for the offence of which they were convicted. We heard many examples of this during the passage of the Victims and Prisoners Act. Secondly, it follows that if they had been sentenced after the sentence was abolished, most would have received a determinate term from which they would long ago have been released, whatever the perceived assessment of risk. What a lottery that is, yet the administration of fair justice should never depend on mere chance of this sort. Thirdly, and particularly egregiously, the Justice Committee heard expert evidence, published in its third report, that the psychological harm caused by the IPP sentence leads to not only greatly increased risks of suicide and self-harm, but to a perceived risk of reoffending which prevents release, irrespective of whether any risk remains from the original offence. This must be a bitter pill to swallow for the prisoners affected.
Not only has the state failed to apply the repeal of this unfair sentence to existing IPPs, but the effects of that unfairness for many IPPs, through no fault of their own, are preventing them being released because of the psychological damage that an unfair sentence has caused them. Their original offending behaviour and the risks associated with it have long since become irrelevant. It is not surprising that many of them have given up hope and stopped engaging with progression opportunities. The question is how to break this deadlock.
This PMB revisits the idea of resentencing. I think a resentencing exercise would incentivise IPP prisoners to re-engage with progression programmes and break the current deadlock, even if it might not lead to their immediate release—it does not have to do so. But if the Government are not prepared to resentence them, it is heavily incumbent on Ministers, who I know are putting fresh impetus into this, to explain how the IPP action plan will provide the hope that IPPs need, and need quickly. We cannot just accept an indefinite continuation of the status quo.
Lord Davies of Brixton (Lab)
It is an honour to take part in this debate and to listen to the unanimous views. I predict what the remaining Back-Bench speakers’ line will be on the Bill. It is clear that the overwhelming spirit of this House is to support the Bill, introduced in such a powerful speech by my noble friend Lord Woodley.
The arguments have been made and there is no need to repeat them all. I would like to emphasise the mental health aspects of how this works. There is no doubt that the mental anguish caused by these indeterminate sentences is one of the cruellest aspects of the entire affair. Looking back to 2020, a report from the Prison Reform Trust, No Life, No Freedom, No Future, set out in graphic detail how the indeterminate nature of these sentences destroys people’s life chances and their mental health. They are fundamentally damaged by the way this cruel law operates.
A particularly concerning aspect is the way in which poor mental health works against those who are incarcerated. Instead of being seen as a need that has to be addressed, it is seen in certain circumstances as one of the factors that leads them to continue to be incarcerated. The lack of support to address these issues compounds the problem. I came across a statistic of particular concern. The prisoners are placed under a responsibility to demonstrate their innocence, effectively—that they are not going to commit another crime, even though it is always impossible to prove a negative. Yet some of them, one recent figure being 840 out of 2,800, are in prisons where they cannot undertake the work needed to prove that they can be released. The sheer cruelty of this policy has to be acknowledged.
I have no doubt that my noble friend the Minister is aware of all of this. He is hearing all our speeches and no doubt recognises this and, I suspect, fundamentally agrees. The Government have to be brave here. They will come under criticism and there will be hard cases; there is no doubt about that. But the Government need to be brave and adopt the approach set out by my noble friend Lord Woodley in his Bill.
Baroness Jones of Moulsecoomb (GP)
My Lords, it is a pleasure to follow the passionate speech of the noble Lord, Lord Davies. I would like sincerely to thank the noble Lord, Lord Woodley, for bringing this debate today.
We have discussed this in your Lordships’ House so many times that it is sometimes hard even to find something new to say about it, yet here we are, finding new sources of anger at this injustice. Imprisonment for public protection was always a disastrous tactic. I agree that some of the judges and lawyers involved really ought to have understood that. Yet, as the noble Lord, Lord Woodley, also said, we have common ground among a quite odd bunch of noble Lords. It is just like the fish farms debate: we have an immense range of people with very different ideologies, yet they all feel the injustice of this issue.
On the issue of IPP prisoners held for years beyond their sentence, last month, in answer to a Parliamentary Question, Shabana Mahmood, the Lord Chancellor and Secretary of State for Justice, said:
“We are not considering a re-sentencing exercise for IPP prisoners, because that would automatically release a number of people who we do not believe it would be safe to release”.—[Official Report, Commons, 22/10/24; col. 214.]
I do not know whether that has been updated but it is a massive cause for concern, because it simply is not true. As lawyer and campaigner Peter Stefanovic points out in his film on this issue, the House of Commons Justice Select Committee says that a resentencing exercise, overseen by a panel of experts, for everyone still serving an IPP sentence is the only way to address the unique injustice caused by that sentencing. It recommended that the panel explore how resentencing could happen in a timely way, but one that would not jeopardise public protection. That does not mean the immediate release that the Justice Secretary suggests; she must know that, and if she does not she really ought to.
We cannot say that we have a justice system if we have an innate injustice such as this. The sentencing and continued imprisonment of IPP prisoners has just been cruel. We Greens are well aware that prison is overused as a tool of justice. Far too many people are imprisoned, when there are much more effective ways of rehabilitation or stopping reoffending.
I can understand the anger of people who say that we should look up serial rapists and murderers and throw away the key, but in this instance, we have, for example, a 17 year-old who steals a bike or people who grab other people’s mobile phones. I find it very difficult to believe that anyone listening to this debate would not agree wholeheartedly with us. This was a Labour Government’s mistake. It is down to this Labour Government to fix it. We definitely need a free vote on this in both Houses. If we do not have one, it will be yet another injustice heaped on these prisoners.
Baroness Blower (Lab)
My Lords, my contribution to this important debate, as part of the “odd bunch” mentioned by the noble Baroness, Lady Jones of Moulsecoomb, will be brief. I congratulate my noble friend Lord Woodley on bringing this Bill to your Lordships’ House and on his remarkable speech.
During the passage of the Victims and Prisoners Act, there were many well-informed and impassioned speeches on IPP prisoners from all sides of the House, as there have been this morning. Many speeches referenced the remarks of a previous Lord Chancellor that the continuing situation of IPPs was a “stain” on our criminal justice system. We know this, given the levels of mental distress, self-harm and suicide among IPP prisoners. As many have said, hope has been extinguished from their lives. I hope that my own MP, Andy Slaughter, as the chair of the Justice Committee in the other place, will urge action on this.
I wish to make two brief points. First, significant voices have been raised to say that a resentencing exercise is the only fair and just way of dealing with the situation for IPP prisoners. These voices include Dr Alice Edwards, the UN special rapporteur on torture, and the House of Commons Justice Committee report in 2022, which described the IPP sentence as “irredeemably flawed”. The committee proposed in this Bill would provide the structure and parameters to ensure that an effective and fair way forward could be found for dealing with this situation.
Secondly, talk from Governments—both the previous Government and, regrettably, up until now, the current Government—about resentencing not being appropriate abjectly fails to recognise and accept that it is the state that has extinguished hope in these prisoners. The state must therefore act to restore hope and address the most egregious of injustices. I hope that my noble friend the Minister will be able to say something about this in his response.
My noble friend Lord Woodley has done this House, this Government and this justice system a service in bringing forward this Bill. I wish it speedy passage to the statute book. I look forward to voting for the helpful amendments which will come forward in Committee.
Lord Moylan (Con)
My Lords, I am grateful to the noble Lord, Lord Woodley, for bringing forward this Bill. I am conscious that one of the obligations on us in this House is not to raise expectations falsely among prisoners and their families as to what is likely to be achieved. We have heard many passionate speeches in favour of the resentencing proposed in this Bill. We are about to hear one—possibly two—speeches putting the case against resentencing. The last of those will be determinative. The Government are not going to agree —they have made that clear—to a resentencing exercise. They say that, for those who are out on licence, the measures passed in the Victims and Prisoners Act, which had cross-party support—proposed by a Conservative Government and now implemented by a Labour Government—should deal with them in the next couple of years, and the issue should go away.
The question is about those in prison. For them, there is the action plan. I have a degree of confidence in the action plan—in both the officials behind it and the plan itself. I think there is a seriousness of purpose and intent on the part of Ministers and officials in making this work. An annual report will be published shortly, and I am sure we will have an opportunity—we should have an opportunity at least—to debate it in this House when it appears and hold the Government to account over the action plan.
The difficulty is that, although the action plan will push ahead and, I imagine, secure the release of those IPP prisoners with whom it is easy to engage, there will still be a residue. There will be a number of IPP prisoners whom it is going to be very difficult for the Parole Board to recommend for release. I want to think ahead to what we should be doing, thinking and discussing about those people. They could potentially, if nothing is done, remain in prison for the rest of their lives, not because of the crime they committed but because of the position—often damaged by mental health issues—they are in today.
One thing worth asking about them is why they should continue in prison at all. Why are they part of the prison system? In so far as they were in prison in the first place as a punishment, that punishment has been discharged and served; they are way beyond tariff. Many of them are in secure mental hospitals. Maybe a mental health setting would be more appropriate for many of these people. It is not easy to get into a mental health hospital if you are in prison—it is a little bit like that joke in “The Importance of Being Earnest” that you cannot get into Wandsworth prison after 4 pm; it is very difficult to get into prison. It is difficult to get into a mental health institution. Should we make it easier, or should we establish a single location—perhaps using part of the underoccupied open prison estate—where those prisoners who do not qualify for mental health hospitals could be brought together? The curative powers of the Probation Service and the Prison Service could be brought to bear on them to help them get out, rather than being left in a prison context.
Time has run out, so I simply put that thought there and I hope the Minister might be able to respond. If he cannot today, could he at least give us some assurance that he will give thought to issues like that? This potentially quite large number of people who might never be released under the existing system deserve thought now. If resentencing is not on the cards, something along these lines should be considered.
Baroness Burt of Solihull (LD)
I echo the words of the noble Lord, Lord Moylan; he has nicked half of my speech—we will have words afterwards, I am sure. Seriously, however, I congratulate the noble Lord, Lord Woodley, on all the work he has put into bringing forward this Bill. We have had well-informed, passionate and eloquent speeches from all noble Lords.
We have an outbreak of consensus in the House today—I and all noble Lords very much welcome the Bill. It would right an injustice perpetrated on the unfortunate rump of individuals sentenced to indeterminate sentences, who, after years, are still languishing in prison. Some of the case stories that noble Lords have brought this morning will stay with me. I particularly wanted to address that rump of people. According to Sir Nic Dakin’s recent letter, 1,132 prisoners have never been released from their indeterminate sentence. I have spoken many times about the torture these prisoners face, so I will not bang on about it again, particularly in the light of all the examples given this morning.
I welcome the changes made by the last Government in shortening the licence period and all the good things that they introduced—which have been alluded to by previous speakers, so there is no need to repeat them. Concerted efforts are being made by the noble Lord and people in the Prison and Probation Service to make as many of these people as possible fit for release. It seems to me that this is contingent, at least in part, on the energy, effort and, frankly, money and human resources available to expedite this. Progress on releasing these prisoners is slow, to say the very least. UNGRIPP, the prisoners charity, estimates that, at this pace, IPP prisoners will still be in prison in 10 years’ time. But I fear that the situation is worse than that, and I will explain why in a minute.
I thank the Minister for his letter, together with Sir Nic Dakin MP, outlining all the changes for the better that are currently happening. But the conclusions they draw—especially the concept of resentencing resulting in a mass exodus of IPP prisoners—are faulty in my view, and several noble Lords alluded to this. For the 1,132, the torture continues. We—the Government—have treated these people so badly that many are damaged now and may never be deemed safe enough to be released.
The Minister has been most generous with his time for those of us wishing to see the end of this final chapter of this sorry saga. Last week, a cross-party group of us met to discuss the best course of action. We all argued strongly for resentencing, as has every noble Lord who has spoken this morning and reiterated these arguments. There is no need for me to reiterate them. Several suggestions have come forward for how this could be expedited. The noble Lord, Lord Woodley, talked about the Justice Committee and all the thought, energy and effort that has gone into that. The noble Lord, Lord Blunkett, suggested that we do not impinge on the justice system any further and recruit some retired High Court judges and King’s Counsels.
I challenge the Minister on what we should do with those people who will never be fit for release. Is he seriously suggesting we leave them in limbo, in a constant state of psychological torture, for ever? What will the Government do if they will not conduct a resentencing exercise with these sad individuals? If any of these 1,132 were to be sentenced for the same crimes today, one sentence they would absolutely not be given is an indeterminate sentence for public protection. So why not be honest with them, resentence them and give them appropriate treatment for their current state of mental health, rather than leave them there and do nothing?
Lord Wolfson of Tredegar (Con)
My Lords, I am grateful to the noble Lord, Lord Woodley, for introducing the Bill and enabling the House again to focus again on this important topic. We have heard many insightful and well-researched speeches. This is a tragically long-standing issue—I dealt with it when I was a Minister, and I remain grateful to the noble Lord, Lord Blunkett, in particular, and others, for the time they spent with me on the matter then.
You could make two speeches this morning from the Opposition Front Bench. One would be overtly political: it would say that IPP sentences were introduced by Labour and were and remain a disaster. It would say that this problem was created by a Labour Government, and it is up to this Labour Government to sort it out. It would say that we do not need more criminals on our streets. All of that would be true, but it is not the speech I propose to give. I will instead focus on what we can actually do, practically, to resolve this problem, and on what I regard as the real issues.
As the noble Baroness, Lady Blower, reminded us, the previous Lord Chancellor, Alex Chalk, who did so much good work in this area, called the present state of the IPP issue a
“stain on our criminal justice system”.
The same phrase, cited by my noble and learned friend Lord Garnier, was used by the much-missed noble and learned Lord, Lord Brown of Eaton-under-Heywood, and they were both right. So I propose to look at the problem, look at how we can improve the position, and set out the response of the Opposition Front Bench to this Private Member’s Bill.
There are two important facts to begin with. First, IPP sentences were abolished by the then Conservative Government in 2012—the Lord Chancellor was the noble Lord, Lord Clarke of Nottingham. As the noble Lord, Lord Carter of Hazelmere, pointed out, the problem was that no transitional provisions were put in place. That happened 12 years ago, which is relevant—I will come back to that. Secondly, just under 1,100 IPP prisoners have never been released on licence and a further 1,600 or so were released on licence but have since been recalled to prison. Those two facts, taken together, remind us of the following points, which must be kept in mind as part of the debate.
First, those still in prison and who have never been released on licence were sentenced over 12 years ago. During that time, they will have been prepared for and attended several Parole Board hearings, and the Parole Board, which is independent and expert, will have concluded, on all the material before it, that it was not safe to release them. Secondly, for those prisoners and those released on licence and then recalled—again, because they were originally sentenced at least 12 years ago—unless their underlying crime was one of considerable seriousness, a resentencing exercise, even if it were possible, would likely result in their immediate release. Putting those two points together, that means that a resentencing exercise would likely result in the immediate release into the community of people whom the Parole Board had recently decided were still dangerous and should not be released. I suggest that we cannot easily contemplate that.
I will add a third point: a resentencing exercise would be logistically and practically difficult, not only because of the impact on judicial time but, more importantly, because of the fact that, in some—or perhaps many—cases, the underlying paperwork is unlikely to be available in full. Therefore, I suggest that a resentencing exercise, which is at the heart of the Bill, is not the answer—my noble friend Lord Moylan therefore correctly anticipated the position of the Opposition Front Bench. But that means that we need to identify what the answer is, because doing nothing is simply not an option.
Let me sketch out some principles. First, the focus must be on two separate groups. For the first group—those who have never been released—the focus must be to get them successfully through a Parole Board hearing. For the second group—those who have been released on licence—the focus must be to make sure that they are not recalled to prison or, if they are, to enable them to do better next time they are released: to get out and to stay out.
Secondly, we need to be clear-eyed about who we are dealing with. There is sometimes a tendency to assume that people did little more than steal a Mars bar and were just unlucky to receive an IPP sentence rather than a traditional determinate sentence. In fact, to have been sentenced to a IPP sentence in the first place, the trial judge must have concluded, under Section 229(1)(b) of the Criminal Justice Act 2003, that there was
“a significant risk to members of the public of serious harm”
were the defendant to commit further offences—and not just any further offences. There was a list of specified offences in a schedule to the Act, including rape, murder, GBH with intent and so forth. In other words, the trial judge will have found as a fact that there was a significant risk of the offender killing, raping or seriously maiming someone else. That was the statutory test of dangerousness, which was a legal threshold to being given an IPP sentence in the first place.
Lord Moylan (Con)
I interrupt with trepidation, because my noble friend is such an excellent lawyer, and I am not a lawyer at all. However, am I not right in saying that, while that test did exist, it existed only in the second period when IPP sentences were imposed? It was very much a point of the late Lord Brown of Eaton-under-Heywood that in the early years of the IPP sentence judicial discretion was almost nil, and the finding of fact was simply a matter of asking, “Have you committed this offence and previously committed another?”, both taken from two separate lists. I am not sure that all the prisoners who are still in jail and who have never been released would be covered by the point that my noble friend makes.
Lord Wolfson of Tredegar (Con)
My noble friend is absolutely right. I cannot get into all the detail because of time, but for those sentenced even earlier, in the first period, unless the underlying crime was really serious, you end up with effectively immediate release, in respect of people who have been determined by the Probation Service to still be dangerous. That is a real underlying problem.
That leads me to the third point, perhaps the most tragic in the entire debate. We have to confront the possibility, or probability—this is a terrible stain on our state—that for some people now in prison under an IPP sentence the reason they cannot effectively be released, and the reason they are failing Parole Board hearings, is because they have been in prison so long. They have become institutionalised. I am very sorry to say it, but it is a Kafkaesque situation—if Kafkaesque is the right word—and a stain on our justice system, but we have to be clear-eyed about the position that we are dealing with.
As we know, this matter was looked at by the Justice Select Committee under the chairmanship of Sir Bob Neill. I am pleased to say that he is now, and deservedly so, Sir Bob Neill KC. The committee made two main recommendations. The first was on resentencing, which I have dealt with—and, with respect, we disagree with the committee on that point. Secondly, it suggested that the licence period be reduced—and here we are in full agreement. The old position was that you could not even apply to terminate the licence until a decade had passed. The committee recommended a reduction of the licence period to five years, while Lord Chancellor Chalk reduced it to three years, and added a presumption that it would lapse at the end of three years, unless there was a good reason to extend it. For those recalled to prison, he introduced a two-year licence period for those released after that initial recall, with an automatic lapse after two years, not a presumption. That structure is the best way in which to deal with this issue.
Lord Chancellor Chalk went further. He set in place programmes to encourage prisoners to be prepared well for the Parole Board hearings, and I would be interested to hear from the Minister about the work ongoing in relation to that—because that is the key to getting someone out on licence in the first place. He also introduced automatic referral to the Parole Board so that prisoners do not need to apply for release, but rather the case automatically comes before the Parole Board.
This is about balance between protecting the public, which any Government need to have at the forefront of their mind, while making sure that those subject to an IPP sentence are fairly dealt with. That means that we need to ensure that we do not release dangerous people into the community, but it also means that those who have been released and are no longer dangerous should not live with a sword of Damocles above their heads.
It is sometimes pointed out that those released on an IPP licence can reoffend. The truth is that lots of our released prisoners reoffend, and I would be interested to hear from the Minister, either now or perhaps in a letter, with a comparison of the rate of reoffending of IPP prisoners with those released under other provisions. I would be especially keen to see the data comparing the reoffending rate of IPP prisoners released on licence to the reoffending rate of those released under the early release scheme introduced by the Government early this year, of which we have had not very much data. In due course, I would be interested to see that comparison, because I would not want IPP-released prisoners to be unfairly stigmatised when, in fact, we have a significant reoffending rate for prisoners generally.
I look forward to the Minister’s speech. We will support him in steps to ensure that those still subject to IPP sentences, those in prison, on licence, and on recall receive all the assistance they need.
The Minister of State, Ministry of Justice (Lord Timpson) (Lab)
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.
Baroness Ludford (LD)
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.
Lord Timpson (Lab)
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.
Lord Woodley (Lab)
My Lords, I thank everyone for their thoughtful, enlightening and informative contributions, which have outlined the tragedy and scandal that is undoubtedly out there. The Minister’s contribution leaves a void in my mind: we are still not treating the prisoners or their families as an absolute priority and with the respect they deserve. There is no doubt as we sit here today that many prisoners’ families will be watching or listening to this debate. They, like me, genuinely believe that this is as big a scandal as the Post Office and infected blood scandals, terrible as they were.
There are 90 dead—not nine or one, which would be bad enough, but 90. Many of them unfortunately took their own lives as a consequence of having no hope, as, in fairness, the Minister just mentioned. Thousands are sitting in prison with no hope. It is unbelievable.
I listened with interest to the Minister, a man I have a great deal of respect for. I absolutely acknowledge his actions before he came into this place, employing, as he said, 30 IPP prisoners, all of whom he had no problems with and who were decent employees and did their job—those might not be his exact words, but he knows what I am saying. I know that he knows what he is talking about, and I know that he cares. That makes his disappointing answer even sadder.
The Minister kept saying that the first thing we need to do is make sure that the public are safe while putting in place a variety of changes, many of which we all welcome and can see the benefits of right now, as he mentioned. Nevertheless, the simple truth is that our system at the moment, compared to what he thinks we should try to do—and I believe he is truthful in what he says—is not fit for purpose.
The Minister had the decency to introduce me to one of his senior Parole Board people last week. I thank him again for that, but even that gentleman said that, if they had a person out for recall who was put back into prison, it could take 12 to 18 months at a minimum before their case would be reheard, irrespective of the fact that they may already have served 10, 11, 12, 15 or 16 years in prison. With the greatest respect, where is the duty of care not just to the general public, which I will come back to, but to those prisoners, many of whom, as I said earlier and the noble Baroness just said, have become mentally unstable as a consequence of their treatment? Where is the duty of care to them and their families?
The Minister has not given any logical or legal reason why he cannot look at partial resentencing. He said that he does not think it would be fair for a particular reason, but where is the legal problem or impediment in resentencing those two groups found to be safe by the Parole Board? If there is such a legal opinion stopping him doing it, I would be most grateful if he could show it to us. If you cannot stop it, with the greatest respect, all of us should stop waffling here and start to do the right thing. As that old adage goes, where there’s a will, there’s a way. With a genuine Minister like the noble Lord, there is a way for us all to try to help, but we will have to wait and see.
I thank all noble Lords for their contributions. The noble Lords, Lord Carter, Lord Davies and Lord Wolfson, and others mentioned the mental state and health of these prisoners after having gone through such turmoil in recent years. Here lies the other problem with the proposals on the table. When people have given up and lost the plot because of what has happened to them, how on earth could they ever turn around and be fit to get through the Parole Board’s criteria? There is no way they could, to be quite honest. Nevertheless, I look forward to this Bill being given a Second Reading.