Prisoners (Disclosure of Information About Victims) Bill

Debate between Lord Adonis and Baroness Sanderson of Welton

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Wednesday 20th May 2020 Lords Chamber

[Lord Adonis (Lab)]

My Lords, there is clearly great public concern underlying this Bill. However, as he did in a very persuasive speech at Second Reading, the noble and learned Lord, Lord Garnier, has just asked whether it will make any difference whatever. The more speeches one hears, the less convinced one becomes that this is in fact going to change anything. What it does is put the discretion that currently exists, and the facts that currently have to be taken account of by the Parole Board, on a statutory footing. However, it has not been made clear at any stage why putting these on a statutory footing will make any difference to the current arrangement, where it is required to take account of these factors anyway.

In his persuasive speech at Second Reading, the noble and learned Lord, Lord Garnier, argued that non-disclosure of a body should itself be an offence which could lengthen a sentence. However, the response from the noble and learned Lord the Advocate-General raised as many questions as it answered. He said that the sentencing judge will

“take account of the non-disclosure when deciding on the length of the tariff”.—[Official Report, 28/4/20; col. 214.]

Therefore, it is a factor at the moment, but it is also a factor in respect of the Parole Board. To a lay observer such as me, that leaves us in the somewhat confusing position of not knowing where the penalty lies. Does it lie at both ends? Is a longer sentence imposed because of non-disclosure, and because it is a factor in respect of the Parole Board, or not? I would be grateful if the Minister could address that further.

Underlying all this, completely understandably, is massive public concern, which focuses particularly on especially gruesome cases. My noble friend Lord Blunkett said that, in the past, decisions on such cases have been made by the Home Secretary, reflecting—to be direct about it—public sentiment, which tended to go with those crimes that got the most media coverage at the time they were committed. Now, this discretion lies with the Parole Board, but the big problem is that the Parole Board is not really accountable to anyone at all. I welcome the Minister’s point about the role of the courts themselves, because the judge is formally required to consider factors when imposing a sentence. As we explore how we give effect to the real intention of the Bill, I wonder whether there might be some role for the courts—a judge—to take the final decision on whether a prisoner should be released in these circumstances.

[Baroness Sanderson of Welton (Con)]

My Lords, having not been able to take part in Second Reading, I welcome the chance to take part in today’s debate. I appreciate that we are now in Committee and therefore I will keep my comments brief.

I hope that the Bill will not disappoint, for I think it achieves something of immeasurable value. To all who have lost a loved one and who wait, day by day, if not hour by hour, to be reunited with them, it says that their son, daughter, mother or brother has not been, and will not be, forgotten. It gives victims dignity and it reassures their families that they are not alone in their quest to lay their loved one to rest. This might seem small comfort, but, in the circumstances, it is an important message to relay.

The families’ needs are paramount, and I fear that, despite the best of intentions, Amendment 1 could end up causing further distress. Irrespective of the fact that a “no body, no parole” rule does not allow for potential miscarriages of justice, should it be open to legal challenge, families may find that their suffering is in fact made worse over time. Given that they have already suffered in ways we cannot possibly imagine, I know that this is something we would all wish to avoid.

More generally, I hope noble Lords will not mind if I take this opportunity to welcome the inclusion in the Bill of the statutory obligation for the Parole Board to consider the non-disclosure of information about the identity of children featured in the taking and/or making of indecent images. I declare my interests as set out in the register as someone who works with the victims of child sexual abuse as part of the Independent Inquiry into Child Sexual Abuse. I work on the Truth Project, which runs parallel to the inquiry and was set up so that victims could come forward and tell their stories—so that after years, very often decades, of not being listened to, they could finally be heard. While their experiences are, of course, different, the effects of abuse are all too often the same: lack of self-worth, guilt that this was somehow their fault, lives gone unfulfilled and people’s futures fundamentally changed through no fault of their own.

I would argue that, as a society, we are still coming to terms with the reality of child sexual abuse, so I welcome that the Bill acknowledges the very real harm that these indecent images can do. That is a big step forward and another way in which the Bill offers crucial support for victims and their families. I thank noble Lords for allowing me to make these extra comments. I hope that we will pass the Bill unamended.