Asked by: Lord Carlile of Berriew (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government whether they have any plans to permit the use of PAVA incapacitant spray in the children’s custodial estate; if so what is the timescale for its introduction; and what practical advice and instructions will be issued.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The safety and welfare of children and young people in custody, and of our staff, is paramount. We are focused on improving safety in the youth estate, where we manage an increased risk of serious incidents, with higher rates of assault on young people and on staff than in other parts of the secure estate.
PAVA spray is currently available for use in the event of a serious incident in the youth estate, if the National Gold commander decides this is necessary. Consideration is being given to whether the criteria for its use in the youth estate require revision.
Following wide engagement on this issue, both with specialists across His Majesty’s Prison & Probation Service, and externally, including with medical advisors and legal experts, we are in the process of examining all the evidence. This is taking time, owing to the complexity of the issues and the seriousness of the question to be decided.
The evaluation of the PAVA roll-out in the adult estate is currently being peer-reviewed prior to publication.
Asked by: Lord Carlile of Berriew (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government whether they have any plans to publish an evidence-based assessment of the respective benefits and risks attached to the use of PAVA incapacitant spray in the children’s custodial estate.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The safety and welfare of children and young people in custody, and of our staff, is paramount. We are focused on improving safety in the youth estate, where we manage an increased risk of serious incidents, with higher rates of assault on young people and on staff than in other parts of the secure estate.
PAVA spray is currently available for use in the event of a serious incident in the youth estate, if the National Gold commander decides this is necessary. Consideration is being given to whether the criteria for its use in the youth estate require revision.
Following wide engagement on this issue, both with specialists across His Majesty’s Prison & Probation Service, and externally, including with medical advisors and legal experts, we are in the process of examining all the evidence. This is taking time, owing to the complexity of the issues and the seriousness of the question to be decided.
The evaluation of the PAVA roll-out in the adult estate is currently being peer-reviewed prior to publication.
Asked by: Lord Carlile of Berriew (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government whether they will provide a timetable for updating the HM Prison & Probation Service Strategy for care-experienced people; and whether there will be a specific focus on race.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
We are updating our strategy for people with care experience in the criminal justice system, to ensure we are using their time in the criminal justice system to support them to lead crime-free lives.
This will include a focus on race and its role in shaping the experiences and outcomes of those with care experience in the criminal justice system, and will link to wider departmental efforts to address racial disproportionality in the criminal justice system.
We are aiming to publish this strategy in 2024.
Asked by: Lord Carlile of Berriew (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what discussions have taken place between (1) the Ministry of Justice, and (2) the Foreign, Commonwealth and Development Office, about the possible impact on the UK’s efforts to promote the universality of human rights internationally of its pursuit of a Victims and Prisoners Bill that selectively disapplies human rights protections from sentenced prisoners.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The Victims and Prisoners Bill has not yet reached Report stage in the House of Commons, meaning it is not in the final form in which it will be introduced to the House of Lords. I look forward to debating this Bill with the Noble Lord and others shortly once it has reached the House of Lords in the form approved by the House of Commons.
Asked by: Lord Carlile of Berriew (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what has changed in the UK courts’ interpretation of section 3 of the Human Rights Act 1998 since the Independent Human Rights Act Review found that there was “little to no evidence to support the position that UK courts are misusing section 3”, so as to justify the disapplication of section 3 from all legislation regarding the release, licence and recall of prisoners in the Victims and Prisoners Bill.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The Victims and Prisoners Bill has not yet reached Report stage in the House of Commons, meaning it is not in the final form in which it will be introduced to the House of Lords. I look forward to debating this Bill with the Noble Lord and others shortly once it has reached the House of Lords in the form approved by the House of Commons.
Asked by: Lord Carlile of Berriew (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what consultations they have had with the judiciary over the impact of the selective disapplication of section 3 of the Human Rights Act 1998 from certain pieces of legislation and not others.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The Victims and Prisoners Bill has not yet reached Report stage in the House of Commons, meaning it is not in the final form in which it will be introduced to the House of Lords. I look forward to debating this Bill with the Noble Lord and others shortly once it has reached the House of Lords in the form approved by the House of Commons.
Asked by: Lord Carlile of Berriew (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what factors they envisage would cause a Minister to use the power contained in the Victims and Prisoners Bill to dismiss the Chair of the Parole Board on grounds of "public confidence".
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The Victims and Prisoners Bill has not yet reached Report stage in the House of Commons, meaning it is not in the final form in which it will be introduced to the House of Lords. I look forward to debating this Bill with the Noble Lord and others shortly once it has reached the House of Lords in the form approved by the House of Commons.
Asked by: Lord Carlile of Berriew (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what are the problems in the system for the release, licence and recall of prisoners that would be solved by the disapplication of section 3 of the Human Rights Act 1998.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The Victims and Prisoners Bill has not yet reached Report stage in the House of Commons, meaning it is not in the final form in which it will be introduced to the House of Lords. I look forward to debating this Bill with the Noble Lord and others shortly once it has reached the House of Lords in the form approved by the House of Commons.
Asked by: Lord Carlile of Berriew (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government whether decisions to veto a parole board decision to release in ‘top tier’ cases would be based solely on the Minister’s personal view of whether the test was met or not; and if so, why a Minister is better placed than a Parole Board to make such an assessment.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The Victims and Prisoners Bill has not yet reached Report stage in the House of Commons, meaning it is not in the final form in which it will be introduced to the House of Lords. I look forward to debating this Bill with the Noble Lord and others shortly once it has reached the House of Lords in the form approved by the House of Commons.
Asked by: Lord Carlile of Berriew (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what consultations they have had with (1) victims of crime, and (2) statutory bodies that support victims of crime, over the proposal to extend the parole process by creating a Ministerial veto power subject to a full merits appeal in ‘top tier’ cases.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The Victims and Prisoners Bill has not yet reached Report stage in the House of Commons, meaning it is not in the final form in which it will be introduced to the House of Lords. I look forward to debating this Bill with the Noble Lord and others shortly once it has reached the House of Lords in the form approved by the House of Commons.