Victims and Prisoners Bill

Baroness Prashar Excerpts

Committee stage
Monday 25th March 2024 Lords Chamber

The amendment does not seek to take away an offender’s rights. It would introduce a mechanism through which the offender could request that a Parole Board’s decision to defer a hearing by more than two years be reviewed and, crucially, any reconsideration by the Parole Board of its decision would not involve the victim or family, who would be spared from being trapped in the process. With that, I support the amendment in the name of my noble friend Lord Marks. I hope that the Committee will consider it well.

[Baroness Prashar (CB)]

My Lords, I rise to support the amendment so admirably spoken to by the noble Lord, Lord German, to which I have put my name. I do not wish to add anything—as he has made all the points that I would have made—other than to emphasise that it would give the Parole Board discretion to decide when to have a review. It would minimise the revictimization of the victims and would also be cost-effective.

I am aware that Article 5.4 of the European Convention on Human Rights says that reviews must be at reasonable intervals. I think a limit of two years was set, but, in domestic cases, the courts have declined to be prescriptive about what a reasonable interval is. It is important to recognise that these are fact-specific cases and therefore it is important to reinforce the discretion given to the Parole Board. I support this amendment.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, it has been a short and interesting debate. The noble Baroness, Lady Lawlor, introduced the amendment from the noble Lord, Lord Jackson. On this side of the House, we will listen to the Minister’s response very carefully. I agreed with the sentiments that she expressed to the extent that the Parole Board should be cautious and fair, and that there needs to be a balance between victims, the process and the prisoners.

The point where I depart from her—which is really the substance of her amendment—is that it should be by default that parole hearings are conducted in public. I am not sure that I would go as far as that but, nevertheless, I agreed with a lot the points that she made. As I said, I look forward to the Minister’s response.

I move on to Amendment 171B in the name of the noble Lord, Lord Marks, which was spoken to by the noble Lord, Lord German. I think the noble Baroness, Lady Prashar, summed up the points succinctly: that giving the Parole Board discretion is desirable. Each case is different and, if the Parole Board has more discretion, it can reduce the potential impact on victims—I understood that point. It can also reduce the number of repeated applications, which have a cost to the public purse, where there may be no real change in circumstances. If one were to give the Parole Board more discretion, it might reduce that impact on victims. Again, this is an interesting amendment, and I look forward to listening to the Minister’s response.