Future of the Parole Board

Debate between Damian Hinds and Alex Cunningham

Wednesday 18th January 2023 Westminster Hall

[Damian Hinds]

I will respond to the hon. Gentleman on the precise numbers in correspondence, if I may. The important point is that every case is considered individually on its merits; that has to be at the heart of how the Parole Board goes about its business.

We will make the release test more prescriptive, so it is absolutely clear that prisoners should continue to be detained unless it can be demonstrated that they no longer present a risk of further serious offending. Secondly, for a top tier of the most serious offenders—I think that the hon. Member for Stockton North asked for clarification on what the tier consists of; it is those sentenced for murder, rape, causing or allowing the death of a child, and terrorist offences—we will legislate to give Ministers the power to refuse a release decision made by the Parole Board if they disagree with the board’s view that the release test has been met. That will provide an additional safeguard and, I hope, further reassurance to victims that for the most serious offenders, including murderers and rapists, there will be oversight by Ministers, who will be able to prevent release if that is considered necessary to keep the public safe.

Thirdly, we will legislate to ensure that the Parole Board’s membership includes more people with law enforcement backgrounds, who will sit on panels dealing with the most serious cases. Having more members who are, for instance, ex-police officers with first-hand experience of tackling crime in our communities and dealing with serious offenders will further enhance the Parole Board’s expertise in assessing the risk such offenders present. The measures that I have described will require primary legislation, which, to respond to the hon. Member for Blackley and Broughton, we will introduce at the earliest opportunity.

We have already taken other steps within the system to enhance public protection and increase confidence. For example, we have reformed the way indeterminate sentence prisoners are moved to open prison conditions, and Ministers can block such moves if they do not meet new, tougher criteria. Also, we have introduced a new system whereby Ministers can submit an overarching view to the Parole Board about release in some of the most serious and troubling cases before any decisions are taken. That ensures that it is made very clear to the board at the outset if there is a case where Ministers would be opposed to the prisoner’s release.

I return to the important issue of victims’ experience of the parole system, which is at the heart of the case that the hon. Member for Blackley and Broughton made, and the measures that we are taking on it. When offenders are being assessed for release by the Parole Board, it can be a very difficult and distressing time for victims. We want to improve the way victims are engaged in that process, give them additional opportunities to hear about what is going on, and make them feel and know that they have more of a voice.

The mechanism by which victims are kept informed about parole is the victim contact scheme, which is operated by the probation service. It was first established in 2001 and applies to victims of sexual and violent offending where the offender is sentenced to imprisonment of 12 months or more. Victims who have signed up to the contact scheme should always be notified when a prisoner is coming up for potential release.

Victims have a choice about joining the victim contact scheme. If they choose to join, they will be kept up to date with key developments, including prisoners’ parole reviews, parole decisions and release decisions, by a dedicated victim liaison officer. During parole cases, victims can make a victim personal statement to the board, setting out the impact of the offence against them, and they may read it aloud to the Parole Board panel if an oral hearing is convened.

Victims also have the legal right to make requests about licence conditions, including a no-contact condition and an exclusion zone that prohibits the offender from entering areas where the victim lives, works or travels to frequently. Victims can also request a summary of the Parole Board decision and, where the Parole Board has directed release, they can ask the Secretary of State to consider applying to the Parole Board for the decision to be reconsidered.

It should be noted that some victims choose not to sign up to the victim contact scheme. Understandably, they may seek to do what they can to put the events of the case behind them. If there is no response to a second and third invitation to join the scheme, the probation service will properly respect their wishes and not keep contacting them. Victims can, however, join the scheme at any time, even if they have previously said no. A system in which all victims are notified about parole releases would not be practical for a number of reasons. For example, as I have said, not all victims will want to receive information, and unwanted contact from the service could retraumatise them.

The scheme was set up in 2001. For cases in the system before then, in relation to the victims of offences committed many years ago, it does not operate retrospectively. However, in the most serious and notorious of cases, such as some of those that have been referred to in this debate, the probation service should ask the police, through multi-agency public protection arrangements —known as MAPPAs—for support with tracing victims. In the Andrew Barlow case, which the hon. Member for Blackley and Broughton talked about, the Greater Manchester probation region is working with Greater Manchester Police to trace victims of the offences that Mr Barlow committed in the 1980s and 1990s and invite them to join the victim contact scheme. I should also confirm that, as has been said, my right hon. Friend the Deputy Prime Minister and Secretary of State is applying to the Parole Board to reconsider its decision to direct Mr Barlow’s release on life licence. Probation victim liaison officers will keep victims in the scheme informed of progress with the application for reconsideration.

As for the measures we are taking to make further improvements, particularly to increase transparency and the information available to victims and others, we committed in the root-and-branch review to allowing victims to observe parole hearings for the first time. We also confirmed that we would change the rules to allow for public hearings in some cases. I know that that has come up this morning, and I will say a little bit about the progress that has been made on both those commitments.

Since October last, victims have been able to observe Parole Board hearings as part of a testing phase that is running in the south-west probation region. During the hearings, victims are supported by probation staff, who discuss the parole process with them and ensure that they are directed to relevant support. We are working closely with the Association of Police and Crime Commissioners to ensure that tailored local support services are readily available, should victims require. We recognise that it could be retraumatising for a victim to hear the evidence that is explored during a parole hearing, so we are initially conducting a relatively small-scale testing phase to ensure we get the processes and support arrangements right. My paramount concern is to ensure that victims can observe the hearing in a way that is safe for them while not compromising the Parole Board’s ability to conduct a fair and rigorous assessment of risk.

The hon. Member for Stockton North asked for an update on progress. During the testing phase so far, victims have welcomed the opportunity to observe hearings. Following their feedback, we are working to improve the process to prepare for its expansion across England and Wales.

Last year, having made changes to the Parole Board rules, we also saw the first public Parole Board hearing, which was in the case of Russell Causley in December. A second public hearing has been agreed by the board and will take place this year in the case of Charles Salvador, formerly known as Charles Bronson. These changes will help to improve public understanding and awareness of the parole process.

In the root-and-branch review, we also committed to reviewing the current guidance and requirements for providing victims with information about the parole process. Our review will identify areas for improving the information that victims currently receive through the victim contact scheme. We will ensure that, where victims have requested it, they receive effective, clear and timely communication about the parole process so that they are sufficiently informed as their case is progressed.

As part of the primary legislative reforms that I referred to earlier, we intend to require the Parole Board to consider written submissions from victims about the release of the prisoner. That will be in addition to the victim personal statement that victims are already permitted to make to the board. Again, that is about doing more to give victims a voice and an opportunity to put their concerns and views to the Parole Board.

I want briefly to cover a few other points that came up during the debate. The hon. Member for Blackley and Broughton raised the sex offender treatment programme. The SOTP was discontinued in the light of research evidence, and a new treatment programme has been introduced, which relies less on group work.

The right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), who is no longer in her place, indirectly raised a couple of points—one of which was also raised by the hon. Member for Stockton North—about the important issue of what is in the dossiers that are brought to the Parole Board and the content that comes from different perspectives and analyses. They both asked about not having individual staff recommendations. Reports will continue to provide all the same information, evidence and assessments about the prisoner as they currently do, with the exception of a recommendation or review from the report writer. The reason for that is that it is the Parole Board’s responsibility to decide whether the prisoner is safe to be released or should stay in prison for the protection of the public, based on the entirety of the evidence received. The written reports, including those from prison, probation and psychology staff, and the questioning of witnesses at oral hearings, will continue to provide all the evidence the board needs to enable it to reach fully informed decisions.

[Alex Cunningham]

The point about the information staff provide and how confident they are that it is being shared is important. I mentioned that staff appear to be concerned that we are releasing prisoners they would never have recommended be released. What does the Minister have to say to them about the credibility of information that is before the Parole Board, and the confidence in the decision?

[Damian Hinds]

As I am sure the hon. Gentleman recognises, the situation he describes could have happened anyway. I reassure him and other colleagues that this is not a diminution of the information that goes into the risk assessment. All of that information is still there, and that totality of information will be considered in the round.

The right hon. Member for Dwyfor Meirionnydd and the hon. Member for Stockton North asked about the impact assessment on changes to the recommendation system. The right hon. Lady specifically asked about impact on minority ethnic offenders. I want to reassure them that that impact is being monitored, though it is too early to assess on a segmented basis. It is important that we keep such matters under review.

I hope I have been able to provide some reassurance that, through the actions the Government are taking, victims’ concerns and the protection of the public are at the heart of our vision for the future of the parole system. I am grateful for the opportunity to respond to this important, thoughtful and measured debate, and thank everybody who has taken part—in particular the hon. Member for Blackley and Broughton, who secured it.