Criminal Justice and Courts Bill

Lord Hurd of Westwell Excerpts

Monday 20th October 2014 Lords Chamber

[Lord Ramsbotham (CB)]

My Lords, I pay tribute to my noble and leaned friend, Lord Lloyd, for his tireless pursuit of this particular issue, which amounts to nothing less than a stain on our national reputation for observing the rule of law. More than that, as a former Chief Inspector of Prisons, I am most surprised that the Secretary of State, who is faced with enormous financial problems in the management of his prisons, should not be seeking every possible way of getting out of the prisons the people who should not be there. That is an avoidable expense, and I have said this over and over again.

Furthermore, as the Minister knows, the prisons do not have sufficient resources to provide the means by which these people can prove their right to be released to the Parole Board. Only last year, I reported to the House a most tragic case of an IPP prisoner who had already been in prison for more than three years after his tariff and was sent to a prison where he would receive the course that he required in order to satisfy the Parole Board, only to be told that not only did that prison not have the course, but it was not intending to do so for two years; so he committed suicide. He is not the only IPP prisoner to have taken his own life because of his despair of the Government exercising their obligations, which have been so clearly deployed by the noble and learned Lord, and observing this country’s reputation for observation of the rule of law.

[Lord Hurd of Westwell (Con)]

My Lords, this House is quite accustomed to criminal justice legislation and in debates of this kind looks inevitably to those who have genuine experience of the legal profession to take the lead. Every now and then, however, an issue comes up that requires some contribution from people like the noble Lord, Lord Ramsbotham, and myself who, although we are not trained lawyers and have never practised law, nevertheless in the course of our careers have come across, and have been made to come across, cases where injustice appears to have been done. This is turning into such a debate.

It is hard to unpick the excellent demonstration of the facts produced by the noble and learned Lord, Lord Lloyd of Berwick. We are left with those facts, but we have to find a remedy. The noble and learned Lord has set out in his amendment the only remedy that he thinks is to hand: to take back into Parliament, into our own hands, the permission—the discretion— which is given in the legislation to the Lord Chancellor, but which he repeatedly refuses to exercise, although the arguments for exercising that discretion have been made over and over again and are very strong indeed.

Therefore, I simply come in to say, as someone who is not a lawyer but who has been forced by his career to take an active interest in the effect of the law on individuals, that I see in this an example—I would say a flagrant one—of injustice being permitted, indeed committed, by those who do not intend it. Nevertheless, the law as proposed would have that effect. I therefore very much support the noble and learned Lord’s amendment and the arguments which have been put in its favour from all sides of the House.

[Lord Carlile of Berriew (LD)]

My Lords, we have heard three very powerful speeches from noble Lords—and noble and learned Lords in two cases—on the Cross Benches, and I anticipate that we are about to hear another one in a moment. We also heard a powerful intervention from a former Home Secretary, who is one of the most admired figures in British politics in the last 40 years. I cannot improve on what they have said, and will not try to do so. All I want to say, speaking as I do from one of the political Benches in this House, is that this is an issue upon which those of us who sit on political Benches are entitled to, and should, exercise our consciences. If we engage our consciences, the extraordinary speech from the noble and learned Lord, Lord Lloyd of Berwick, completely wins the day. I therefore hope that noble friends, as well as those elsewhere in the House, will see that if this matter divides the House, the only course they can take is to support this amendment.