Victims and Prisoners Bill

Earl Attlee Excerpts

Tuesday 12th March 2024 Lords Chamber

Moved by

[Earl Attlee]

167A: In subsection (1), at end insert “subject to subsections (9) to (12)”.
Member’s explanatory statement
This amendment, along with others in the name of Earl Attlee to this amendment, would delay the resentencing exercise until the Secretary of State, in consultation with the Chief Inspector of Probation, is satisfied that probation services have the capacity and resources to manage additional supervision as a result of resentencing.

[Earl Attlee (Con)]

My Lords, I rise to move my Amendment 167A and speak to my Amendments 167B and 167C, all amendments to Amendment 167, which was so ably moved by the noble Baroness, Lady Fox. On a procedural point, technically we are debating my amendment, but of course all noble Lords can speak to all amendments within the group.

I agree with nearly everything the noble Baroness said about the desirability of her amendment, which I strongly support. She mentioned that this approach was the one taken by the cross-party Justice Committee in another place. I am bound to say that this is quite a good pedigree. The noble Baroness has dealt with all the most obvious points. However, there is a real concern that some agencies might not be able to cope with a large and sudden increase in demand arising from numerous IPP releases from custody—although the noble Baroness did talk about a phased process so that you would not get a huge number of resentencings at the same time. Nevertheless, we must make sure that we do not overrun the Probation Service, because that is the most obvious example.

My amendments seek to improve the original amendment by ensuring that the requisite Probation Service capacity is available before any resentencing exercise starts. It may be that, when he comes to respond to this amendment, my noble and learned friend the Minister will identify other areas where there is a similar capacity shortfall. If that is the case, a similar approach can be taken.

My Amendment 167C is a substantive one, and proposed new subsection (9) prevents the new section coming into force unless the Secretary of State is satisfied

“that the Probation Service has the capacity and resources”

to meet any additional demand resulting from the resentencing exercise. Proposed new subsection (10) requires the Secretary of State to

“commission a thematic review by the Chief Inspector of Probation that considers”

the capacity and resources of the Probation Service in order to make an informed decision. Finally, proposed new subsection (12) requires the Secretary of State to annually review his decision if he is not satisfied that the capacity is in place. I beg to move.

--- Later in debate ---

[Lord Bellamy (Con)]

My Lords, from the point of view of the Government, I am not in a position to accept the premise advanced by the noble and learned Lord. I hear what he says. I do not accept, as I think the noble Baroness, Lady Fox, implied at one stage, that there is anything wrong with the Parole Board processes. I think I heard the word “dodgy” at one point, but I may have misheard. The Parole Board is a body that the Government have complete confidence in in this respect. This exercise should remain with the Parole Board.

I will say again: can we please distinguish between the problem of the released cohort and the problem of the never released cohort? We seem to drift from one to the other a lot of the time. Cases such as those of Matthew Price and, I think, the case of David Parker, which was mentioned by the noble Baroness, Lady Fox, are cases where people have been recalled after having been in the community for many years. That will no longer happen. The question of the recall is very largely dealt with, or very substantially improved, by the Government’s amendments in this Bill. What we are dealing with primarily is the never—not yet—released cohort.

I say again, in the light of my noble friend Lord Moylan’s remarks about the expected possible reaction of those who are still in prison and how to be particularly vigilant in supporting IPP prisoners in the light of these debates and related points, that the action plan is intended to give people hope. It is focused on their future to prepare them progressively with a sentence plan, the psychology services support, and a multidisciplinary progression panel towards eventual release. I think he would accept, even now, that the action plan has made a difference already; I see him nodding. We will take that forward and, as I say, it may well be the case the Government will be in a position to propose to your Lordships that the idea of an action plan should have a statutory basis, that the broad terms of its content should be set out and that the Secretary of State should report to Parliament so that—whatever Government comes into power—we can continue on the process that we have already started. The resentencing exercise is not, in the Government’s view, the way to go.

On that basis, the amendments proposed by my noble friend Lord Attlee would not arise because we are not going down that road. I do not think I need to say anything further about them, save to remark that what is being proposed would impose a very significant burden on our existing probation services. For that reason as well, one would have to reflect very seriously before going down that route. I invite the noble Baroness to withdraw her amendment on this point.

[Earl Attlee (Con)]

My Lords, my amendment was a very fine amendment, but my noble and learned friend the Minister has addressed it. I beg leave to withdraw my amendment, and we will hear what the noble Baroness has to say.

Amendment 167A withdrawn.