Terrorist Offenders (Restriction of Early Release) Bill

Lord Judd Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 24th February 2020 Lords Chamber

[Lord Judd (Lab)]

My Lords, we are clearly facing a grave threat to people in all parts of the United Kingdom. It is a heavy responsibility on the Government and we therefore have to take seriously their responsibility and how they are proposing to deal with it. I should declare an interest. As will become patently clear during my remarks, I am not a lawyer, but I am president of the Labour Campaign for Human Rights, and I am involved in an advisory capacity at the Centre for the Study of Human Rights at the London School of Economics.

We are involved in a strategic battle for hearts and minds. We have to be careful that inadvertent counterproductivity does not become a spur for increased recruiting by the extremists. They and their leaders are cruel, barbaric, highly manipulative and cynical. At all times, we have to demonstrate that we are about values, beliefs and systems that are totally different from their destructive nihilism that threatens humanity. Therefore, if we are to live up to those values and demonstrate them, it is vital that any legislation proposed is carefully considered, with plenty of opportunity for interested parties—lawyers, community workers, social workers and the rest—to be involved in giving their advice on the best way forward.

At all times, our law has to be clear, fair, consistent and transparent. It has become clear—as has been emphasised in this debate—that we have been dealing with a situation that has been aggravated by misguided legislation. Mandatory early release was a bad idea if there was an absence of any part to be played by the Parole Board in coming to a decision on the period of time stipulated.

In my view, the involvement of the Parole Board, which the Government are now proposing, is absolutely right, but I agree very strongly with those who have argued that, in terms of short-term legislation and interim measures, it is crucial that we make sure that the Parole Board is involved in those as well. Furthermore, we need to be certain that, with its responsibilities, the Parole Board is properly and adequately resourced and that it too is not working under impossible pressures because of cuts.

If we are talking about justice, what is worrying about the immediate situation is that there is apparently a rush to prevent the early release of some prisoners who were under existing arrangements expecting that release to happen. But that does not add up to a convincing battle for hearts and minds; it plays into the hands of the extremists. They want to demonstrate that when horrible things happen we do not have the strength or self-confidence to ensure that the principles we lay down are sustained.

It is worth noting that between January 2013 and December 2019, 196 prisoners were released under the existing arrangements. Six went on to commit further offences, but 190 did not. That is something to consider when we have this legislation before us. We must not just do something: we must do something that is right, sensible and convincing.

An even more important question, which has not been answered, is what will happen to these prisoners who are detained for longer. Where is the evidence that the resources and arrangements will be there to undertake effective rehabilitation, decriminalisation and deradicalisation? The evidence is that resources are not there and that the programme is failing, and we will just compound the problem by putting still more pressure on the Prison Service. This is a grave situation, but it is all the more important to make sure that we get our response absolutely right and are not rushed into measures that are ill-prepared.