Imprisonment for Public Protection Action Plan

Lord Bishop of St Albans Excerpts

Thursday 25th May 2023 Grand Committee

[The Lord Bishop of St Albans]

My Lords, I too thank the noble Lord, Lord Moylan, for his tenacity and for keeping this terrible situation before us. I rise with a certain reluctance because I do not have the expertise that many other noble Lords in this debate have, though like all bishops I have a right to visit the prisons in my diocese, which I do, and I am regularly in touch with people working in the legal and penal systems. My colleague the right reverend Prelate the Bishop of Gloucester, the lead bishop on prisons, has raised this matter on numerous occasions and sadly cannot be here today.

It is now seven months since the House of Commons Justice Select Committee issued its report on IPP sentences. There were some alarming conclusions in it, such as noting:

“The indefinite nature of the sentence has contributed to feelings of hopelessness and despair”,


leading to some suicides within the IPP population. There are reports that perhaps as many as 81 people have taken their own life when serving an IPP sentence. If we could identify in any other area of life that 81 lives had been taken, we would be calling for inquiries and wanting answers. Many of us are concerned to hear of further, more recent suicides.

It seems it is the very nature of these sentences that contributes to the hopelessness—sentences where there is no end in sight and where people are uncertain about the necessary threshold for return to prison. As has been pointed out by the noble Lord, Lord Moylan, many are fearful that even speaking about their mental health to a professional—the very person to whom they would be looking to get support and treatment—could be used as further evidence against them towards continued imprisonment.

One of the promises of the new IPP action plan is to introduce further measures to ensure that individualised support is available for each offender. One recommendation from the Justice Select Committee that I would like to draw attention to is the Parole Board’s agreement to review the listings priority framework in the light of IPP prisoners. These prisoners are stuck with incredibly long waiting times and what the committee calls an “ineffective” parole process stemming from chronic underresourcing. Will the Minister be able to update us on this review?

As the noble and learned Lord, Lord Brown of Eaton-under-Heywood, so rightly remarked two years ago, IPP sentences are the greatest single stain on the justice system. The suggestion that a person can, at a moment’s notice, be arbitrarily recalled to prison without having committed any further crimes is surely fundamentally opposed to natural justice and can have no place in our legal system. We often talk about our legal system in this country being a beacon; this surely brings that into question. The IPP action plan serves only to prolong an unjust legal mechanism, one that has been widely condemned by campaigners, charities, and psychiatrists and psychologists, and is contributing to self-harm and suicide. It is an affront to our legal values.

The solution recommended by the Justice Select Committee is a resentencing exercise where prisoners can be given a sentence appropriate for their crime. If we cannot do that, I hope that the Minister and his advisers will look closely at the need to find some other mechanism to address this terrible problem as quickly as possible and to give people fair sentences for their crimes but, once they have served them, to allow them to be released back into society.