Terrorist Offenders (Restriction of Early Release) Bill

Debate between Lord Carlile of Berriew and Viscount Hailsham

Committee stage & Report stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords & Report stage (Hansard) & Report stage (Hansard): House of Lords
Monday 24th February 2020 Lords Chamber

[Lord Carlile of Berriew (CB)]

My Lords, my name is the fourth name on these amendments, and I am not going to add anything, save to say this: I wish it had not been necessary to table these amendments. They represent what I would have considered a reasonable Bill to tackle the difficult problems we are dealing with tonight. I support strongly my noble friend Lord Anderson and others who have signed these amendments.

[Viscount Hailsham (Con)]

My Lords, I rise only briefly. First, I apologise for not participating in the Second Reading debate. I had a professional engagement that I thought would go on all day, so I did not put my name down to speak, but I have been present throughout almost all the debate, so I am familiar with the arguments that have been articulated.

Turning directly to the comments and the amendment of the noble Lord, Lord Anderson, like other noble Lords I do not like changing goalposts. I entirely take the point made by the noble Lord, Lord Beith, the noble and learned Lord, Lord Falconer, and of course the noble Lord, Lord Anderson, himself. In principle, it is an unsatisfactory business. I am not competent to form a view as to whether this is an infringement of Article 7 of the European Convention, but I am bound to say that I took a great deal of reassurance on that point from the speeches of the noble and learned Lord, Lord Judge, and the noble Lord, Lord Pannick, both of whom addressed the matter most directly.

My arguments are of a more pragmatic nature. Firstly, the Bill introduces two elements of retrospectivity. The first is the introduction of the Parole Board filter—a point made by the Minister. The second, and different, element is the introduction of raising the minimum custodial period from one-half to two-thirds. Almost everybody who has spoken in this House, and everybody who I heard, welcomed the introduction of the Parole Board filter and thought it was a jolly good idea—but it is retrospective. Once one has decided that one can as a matter of principle accept that retrospective change, I find it quite difficult to see why as a matter of principle one should not accept the other change: namely, raising the minimum period from one-half to two-thirds.