Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Baroness Prashar and Baroness Howe of Idlicote

Thursday 9th February 2012 Lords Chamber

[Baroness Prashar]

My Lords, I support the amendment. As the former chairman of the Parole Board, I agree with most of the comments that have been made so far in the debate. The discretion should be with the Parole Board and there should be an automatic review after 30 years. The concepts of hope and incentive are very important. In my experience, the fact that cases would go before the Parole Board was an incentive for prisoners. That is an important aspect. The Parole Board is also very good at risk assessment. It should be given that discretion with all the reports. I agree that it should then be the duty of the Home Secretary to accept the recommendation made by the Parole Board. I would very much like the Government to support the amendment.

[Baroness Howe of Idlicote]

My Lords, I briefly add my support to the amendment of the noble and learned Lord, Lord Lloyd. As has been rightly said, he stands up for instances where justice and fairness clearly need to be not just seen but interpreted correctly. I will also comment on what my noble friend Lord Ramsbotham said about this business of hope in what you try to achieve and for the individual who is there for life—for 30 years, anyhow—and about incentivising activities that could be of interest and help to any future he might have.

As the noble Lord, Lord Borrie, said, I was a very early member of the Parole Board, and I think that the independence of the Parole Board in looking at these matters is absolutely crucial. I am a little doubtful about how important the Secretary of State’s role may be, not least if—as it will be—it were years after the offence was tried and committed and the decisions made. However, whether or not his role is important and appropriate, it will be most important that the Parole Board has independence and stands back.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Baroness Prashar and Baroness Howe of Idlicote

Tuesday 10th January 2012 Lords Chamber

[Baroness Prashar]

My Lords, I, too, support the amendments, particularly Amendment 15 in my name. I concur with all the comments that have been made so far because I am particularly concerned about the independence of the director of legal aid casework. Institutional pressure can work in very subtle ways. The director will be a civil servant and the new executive agency will be much more closely integrated into the machinery of government and subject to supervision by the Ministry of Justice. We know that the pressure to save resources can bear on individuals and therefore it is very important that there is a constant reminder that this person not only is independent but acts independently. Therefore, we need to build in some safeguards. While I am on my feet, I would like also to say that the other safeguard is the one in Amendment 18, which is about showing that the decisions made by the casework director are actually reviewed. I strongly support both these amendments. They are very sensible and I hope that the Minister will give concessions on them.

[Baroness Howe of Idlicote]

My Lords, as another non-lawyer, perhaps I may join in very briefly. I have listened to everything that has been said on this point, and what the noble Lord, Lord Phillips, said is particularly important. The Lord Chancellor has a different role. He might not have all the legal discipline of a lawyer, if he is not a lawyer.

I should like to make another point on the importance of independence that people are unfolding at this time. It illustrates the extent to which, if we cram everything into such a short space of time and so many Bills overlap—I am thinking about the Welfare Reform Bill and this Bill—it tends to leave us all wondering just how many amendments should be grouped together and whether they are being given the proper consideration that they should have. I very much support the intentions behind this group of amendments.