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.

Parliamentary Democracy and Standards in Public Life

Baroness Prashar Excerpts

Thursday 11th January 2024 Lords Chamber

[Baroness Prashar (CB)]

My Lords, I thank the noble Baroness, Lady Featherstone, for securing this debate. As evidenced by many reports, disillusionment and dissatisfaction with the political process, pronounced deviation from standards in public life, perceptions of corruption in government and low trust in politicians are having an adverse impact on our democratic system. Trust is at an all-time low, which is leading to levels of political disengagement and cynicism.

As we have heard in the debate, there is no shortage of recommendations which have been made for improving matters and restoring public trust. Regrettably, the Government have been slow to take comprehensive and urgent action. They appear reluctant to grasp fully that bold, comprehensive and decisive action is needed if we are to arrest this decline. Perhaps the Minister can explain why.

Recommendations, which have been made by various bodies and will be made later this month by a governance commission chaired by the right honourable Dominic Grieve, of which I am a member, to improve the governance of our country, are now, regrettably, absolutely necessary. But, as we have heard, they alone will not be sufficient. They will need to be sustained through self-supervision, constant vigilance, strong leadership and a culture which encourages adherence to standards and compliance with codes and instils the importance of good governance and why it is important for the proper and effective functioning of democracy.

Rules, regulations and codes should not absolve those in public life from taking personal responsibility for good behaviour and setting an example. They should not lead to a culture where rules are seen as irritable constraints and that encourages minimum adherence just to stay within the rules. Currently there seems to be a lack of understanding about the connection between constitutional principles, standards and integrity. Such attitudes have led to adversarial behaviour, where breaches are contested to defend actions and justify bad behaviour. This leads to a blame culture, which undermines relationships, morale and the standing of crucial organisations while feeding public cynicism. Will the Minister please tell the House what action, if any, the Government are taking to counter this culture and to ensure compliance, an area which seems to have low priority and to be seen as an irritant?

Finally, in an election year, can the Minister—and perhaps the leaders of the Opposition in this House—tell the House what priority will be given to governance and standards in public life in their manifestos and in the way that elections are conducted? Are they or will they be taking steps to impress upon prospective parliamentary candidates the importance of ethical behaviour, what it means to be in public life and what the Nolan principles mean in practice?

Democracy Denied (DPRRC Report)

Baroness Prashar Excerpts

Thursday 12th January 2023 Lords Chamber

[Baroness Prashar (CB)]

My Lords, I express my profound gratitude to the noble Lords, Lord Blencathra and Lord Hodgson, and their respective committees for producing these two very important reports; they have done us a great service. I was so heartened by these reports that I was moved to speak today to support the excellent work they have done. I probably will not say anything new as so many points have already been made, but they are worth repeating or emphasising.

These reports, as we have heard, raise fundamental constitutional issues about our parliamentary democracy, the relationship between the Executive and Parliament, and the urgency of resetting the balance between Parliament and the Executive. They remind us that we are a parliamentary democracy and not a populist democracy. The Secondary Legislation Scrutiny Committee issued a stark warning that the balance of power between Parliament and Government has for some time been shifting away from Parliament, a trend accelerated by Brexit and Covid; it recommends that the balance be reset and not just restored to how it was before these exceptional recent events.

Both the committees were so concerned that they recommended regular House of Lords debates and monitoring, which I hope will happen. The gravity of their disquiet is palpable in these reports but, despite that, the Government’s response has been disappointing. Although some of the recommendations have been accepted, the Government’s response, I regret, did not illustrate much appreciation of the fundamental issues raised or the urgency of resetting the balance. That was so much the case that, in their subsequent reports, both committees stated that the examination of Bills introduced after their initial reports were published reinforced their findings.

I hope that the well thought-through recommendations of these reports will not be ignored or watered down, and that the work done by the Hansard Society with the involvement of Members of this House will also be taken seriously. I strongly agree with the recommendation that, in resetting this balance, what needs to be reinforced by the Government is that primary legislation and powers conferred by it should be drafted on the basis of the principles of parliamentary democracy, and that the threshold between primary and delegated legislation should be founded on the principal aspects of policy which should be on the face of the Bill, and only its detailed implementation left to delegation.

There are three further comments which I would like to make: the first is about Henry VIII powers. While I agree with points made by the noble Lord, Lord Blencathra, it is worth repeating the point made by the noble and learned Lord, Lord Judge, in his excellent lecture in 2016:

“Save in a national emergency, only statute can repeal, suspend, amend or dispense with statute.”


The second issue is about the culture of Whitehall, which is not just the “Whitehall culture”; it is also about the leadership provided by political leaders. Parliament is seen as an irritant, a constraint which delays or obstructs business; the “getting business done” mentality, and seeing due democratic process as a nuisance, encourages inappropriate use of delegated powers. Guidance and manuals are important, but equally important is the understanding and appreciation of the fundamental principles of parliamentary democracy, which I fear is lacking.

As the noble Lord, Lord Blencathra, said, parliamentary scrutiny matters. The making of laws affects citizens—their rights, their well-being, and their liberties. Our democracy is fraying at the edges, constant vigilance is necessary, and we have to safeguard every component of our uncodified constitution to ensure that there is no erosion or weakening of our democracy. We pride in promoting and teaching other countries about parliamentary democracy. If we behave in questionable ways it undermines our moral authority and international influence, which needless to say has much wider implications. Creating a culture where the fundamentals of parliamentary democracy are important is crucial.

My final point is about pre-legislative scrutiny, which I strongly support; I was pleased to see it highlighted in these reports. Although it is not mentioned in these reports, we should do more post-legislative scrutiny work too. In 2006 the Law Commission produced an excellent report on the subject and the then Government introduced post-legislative scrutiny. This House is ideally equipped for this work. I was pleased to be a member of a recent post-legislative scrutiny Select Committee which examined the Children and Families Act 2014 and highlighted areas where lessons could be learned; that experience has convinced me even more of how significant this area of work is.

I look forward to a positive and constructive response from the Minister.

Early Years Interventions

Baroness Prashar Excerpts

Wednesday 1st December 2021 Lords Chamber

[Baroness Chisholm of Owlpen (Con)]

This is such a distressing time for all mothers. They have babies and expect things to be very special and magical but so often discover the opposite. We must make sure that things are put in place to help them. As of April 2019, all areas in England now have comprehensive specialist community perinatal mental health services in place, which saw 30,700 people in 2020-21, re-expanding access to psychological and talking therapies with specialist perinatal mental health services. This will see 26 hubs, with 10 new hubs in the process of being set up and the rest due to open in April 2022. These hubs will offer treatment for a range of mental health issues, from postnatal depression to severe fear of childbirth to around 6,000 new parents in the first year. The new centres will also provide specialist training for maternity staff and midwives, as well as services for reproductive health and bereavement.

[Baroness Prashar (CB)]

My Lords, acquisition of language and communication skills are absolutely essential for children in their early years, as they underpin their future development and life prospects. However, awareness among parents and support is lacking. Support and training for early years teachers is inadequate and there is a high level of turnover in the early years workforce, which is losing experienced staff due to low salaries and lack of career benefits. There is concern about the viability of the sector. The House of Lords Public Services Committee report, Children in Crisis, published on 19 November, highlighted research by the LSE which showed that “the economic cost”—

[Noble Lords]

Question!

[Baroness Prashar (CB)]

It is coming. The research showed that the

“economic cost of failing to invest in the early years in 2018/19 was £16.13 billion”.

Does the Minister agree that investing in early years provision, such as increasing parental engagement and support and sustaining a high-quality early years workforce will be better value for money and socially beneficial? Can she please draw this to the attention of the Treasury?

His Royal Highness The Prince Philip, Duke of Edinburgh

Baroness Prashar Excerpts

Monday 12th April 2021 Lords Chamber

[Baroness Prashar (CB) [V]]

My Lords, the life of His Royal Highness Prince Philip, The Duke of Edinburgh, was epitomised by selfless service to the United Kingdom, the Commonwealth and the enormous number of charities and voluntary organisations that he was associated with. His legacy will endure through the work that he did with these organisations. As we heard, the Duke of Edinburgh’s Award, which he founded, touched the lives of so many young people. He helped to inspire and instil in them confidence and a vision of citizenship.

My enduring memory of His Royal Highness is meeting him on several occasions when I was chairman of the Royal Commonwealth Society, of which Her Majesty is the patron. He was always humorous, engaging, informal and forthright—qualities I truly appreciated and admired. He was deeply interested in the work of the Commonwealth and acutely aware of the value of the Commonwealth. As we heard earlier, in 1956 he founded the Duke of Edinburgh’s study conferences, a pioneering forum for bringing together emerging leaders within civil society. This initiative is a true mark of his vision. Along with Lord Luce, I had the privilege of meeting him to talk about the Commonwealth. His insights about the potential of the Commonwealth were thoughtful and inspiring. He understood what humanity can achieve through co-operation and bringing people together.

Now, as chairman of Cumberland Lodge, an educational charity based in Windsor Great Park, I am aware of the impact that he has had as the ranger of the park. Until recently, he was a very visible presence in the park. Characteristically, as a ranger, he saw himself as a temporary custodian for future generations. He took an active role in overseeing many developments during his time in office, including the introduction of red deer into the deer park and the development of several gardens, a visitor centre and the Virginia Water pavilion. I live at the edge of Windsor Great Park and have enjoyed the full benefit of his work, particularly during the pandemic.

Her Majesty the Queen is the patron of Cumberland Lodge, and Prince Philip visited the lodge many times with Her Majesty. His last visit to Cumberland Lodge was when he came to celebrate our 70th anniversary. Both the Queen and Prince Philip especially requested to spend the majority of the time talking with young scholars. His Highness was in his element when in conversation with young people, talking with them about their research and their views. He immediately put them at ease and the scholars were amazed at his keen interest in their views, his friendliness and his informality.

We owe His Royal Highness a great deal of gratitude for his quiet and unassuming service and for his contribution in so many ways, but particularly to the lives of young people. We mourn his passing away and send our heartfelt condolences to Her Majesty and the Royal Family, but we also celebrate the life of an exceptional person who gave selfless service to the country and the Commonwealth. His legacy will endure for generations.

Legislation

Baroness Prashar Excerpts

Thursday 10th November 2011 Lords Chamber

[Lord Strathclyde]

No, my Lords, of course not. What is true, however, is that certainly in this Parliament there are more and more amendments being put down by your Lordships. Your Lordships are incredibly active in wishing to see changes or even putting down probing amendments, and that means that we have spent far longer on legislation than we have done in previous Sessions, particularly on Committees of the whole House. That is not necessarily a bad thing but it is also true that your Lordships need to have a little bit of self-denying ordinance so that we do more than just delay the programme of government.

[Baroness Prashar]

My Lords—

[Lord Cormack]

My Lords—

--- Later in debate ---

[Lord Strathclyde]

My Lords, only in this House could we go from Prime Minister Attlee’s Government to Tacitus, to Swift, and then to today’s Cabinet. My right honourable friend the Lord Privy Seal, Sir George Young, and I—and others—yield to no one in our desire to try to make legislation shorter, clearer and better. It is not an easy task—and it is a serious task, as my noble and learned friend pointed out—but I also know that in this House there is a desire to achieve these aims.

[Baroness Prashar]

My Lords—

[Lord Pearson of Rannoch]

My Lords—

[Lord McNally]

I think that it is the turn of the Cross Benches—the noble Baroness, Lady Prashar.

[Baroness Prashar]

My Lords, does the Minister agree that it is desirable to have an automatic review of legislation after three to five years, to measure its effectiveness?

[Lord Strathclyde]

My Lords, the previous Government instituted a process of post-legislative scrutiny that we have taken up, and it kicks in after three to five years, when the Government publish a memorandum. Increasingly in future Sessions of Parliament, we will see more work being done to measure the effectiveness of legislation that this Parliament has passed.

House of Lords: Working Practices

Baroness Prashar Excerpts

Monday 27th June 2011 Lords Chamber

[Baroness Prashar]

My Lords, the report on working practices is an excellent piece of work. The chairman and the members of the working group deserve our profound thanks and gratitude for their thoughtful and well considered report. I also pay tribute to the Leader of the House for setting up the group. I agree with the majority of the recommendations. Taken collectively, they will enable us to engage more meaningfully with the public, make us more open and accountable, increase our effectiveness in holding the Executive to account and increase our efficiency.

I wish to comment on the sections of the report which deal with the scrutiny of legislation and explain my reservations about the working party’s recommendation that,

“consideration be given to conferring upon the Lord Speaker the role currently performed during question time by the Leader of the House, for a one-year trial period”.

The recommendations relating to pre-legislative scrutiny and legislative standards are fundamental to our core function with regard to legislation. In recent years, the quality of our legislation has not been of the expected standard. That is partly due to the volume and the speed with which Bills are introduced. These pre-legislative scrutiny recommendations are eminently sensible and will help to improve the quality of legislation, illuminate the thinking and the policy underpinning any draft legislation and provide a more effective and meaningful way of engaging with the public.

As someone who has worked in different capacities to help implement legislation, I agree in the strongest terms possible that the case for post-legislative scrutiny is compelling. We pass legislation and then do not allow ourselves the opportunity to examine how it is working; what, if any, have been the unintended consequences of the legislation; what lessons can be learnt; and what changes, if any, are needed. Lack of this opportunity means that legislation which may not be suitable continues to remain on the statute books and there is a danger that some of it even falls into disrepute. I regret that the response to the recommendations of the Law Commission’s report in 2006 was so weak. I agree with every word of the working party’s rebuttal to the Government’s response and the recommended way forward in paragraphs 128 to 141.

I am also attracted by the recommendations in paragraphs 178 to 181 for a House of Lords Back-Bench business committee to be established and for it to be charged with selecting types of Back-Bench business. This is attractive for two reasons. It will strengthen self-regulation and, coupled with the interim recommendation in paragraph 221 that,

“evidence of support from outside bodies, such as non-governmental organisations … be adopted by the Backbench Business Committee as one of its criteria in selecting subjects for debate in the House”,

will enhance openness, accountability and transparency in decision-making.

I am uneasy about the recommendation in paragraph 38 of the report, which would confer,

“upon the Lord Speaker the role currently performed during question time by the Leader of the House”.

I agree with the concerns expressed both by the working group and those Members who gave evidence. I also note that this has not been an easy issue for almost a century. Yes, there has been a deterioration in our behaviour but conceding to this recommendation would not be the answer. We would be setting a dangerous precedent, which would be a slippery slope.

We are rightly proud that we are a self-regulating House but self-regulation means that we must all take responsibility for our behaviour and respect the working practices and conventions of the House. As the report says in its introduction:

“Self-regulation and the accompanying freedoms enjoyed by individual Members are essential to the conduct of business in the House of Lords”.

Self-regulation creates an obligation on all of us. Improving our working practices is part of the answer. We need to pay equal attention to our behaviour because democracy is not just about an elected House of Lords. It is also about how we conduct debate and dialogue, deal with dissent and listen to arguments, engage with each other and, occasionally, change our minds following discussions. That is democracy at work.

Inappropriate behaviour in Parliament has contributed to public cynicism. If we want to win back respect and trust from the public, we not only need to adopt working practices which will enhance public involvement, as so admirably recommended in this report, but we also need to model the behaviour which embodies the working principles of a democracy. We should not, therefore, implement the recommendation in paragraph 38, even for a trial period of one year. Instead, we should strengthen our resolve to make self-regulation work better. If we slip towards even a semi-regulated House, we will start losing our responsibility. This excellent report rightly reaffirms the fundamental principle of self-regulation but this one recommendation, in my view, is the thin end of the wedge. Let us not go down that road. We need to implement the core recommendations of this report as soon as practicable and at the same time take steps to strengthen self-regulation. None of that should be delayed because we must take control.