Public Protection Sentences

Lord Lloyd of Berwick Excerpts

Wednesday 3rd December 2014 Lords Chamber

Asked by

[Lord Lloyd of Berwick]

To ask Her Majesty’s Government what is their response to the recent decision of the High Court in Fletcher and others v Governor of HMP Whatton and the Secretary of State for Justice that the Secretary of State is in breach of his public law duty in relation to the continued detention of prisoners detained under imprisonment for public protection sentences.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, the court did not find any breach of public law duty with respect to the continued detention of those serving imprisonment for public protection—IPP—sentences. The court did, however, find that the Secretary of State was in breach of his public law duty in relation to the provision of resources for the Healthy Sex Programme, a course designed for certain serious sex offenders. The Secretary of State has committed the additional funding necessary to remove the current backlog for places on the Healthy Sex Programme.

[Lord Lloyd of Berwick (CB)]

My Lords, the only defence to these proceedings was that the Lord Chancellor could not provide the courses that these prisoners needed to go on in order to come before the Parole Board because he did not have enough money. Does the Minister agree that if the Lord Chancellor were to exercise the power that he already possesses to change the release test for these prisoners, he could release forthwith up to 650 prisoners who were given tariff sentences of less than two years—some as little as three months—eight years ago, thereby saving £24 million a year that could then be spent on providing courses for the other prisoners who are waiting to go on them? Why has he not exercised that power?

[Lord Faulks]

My Lords, the noble and learned Lord has asked me this question before and I congratulate him on his tenacity. There are no current plans to review the release test. The release test is determined by the Parole Board. It decides when someone is safe to release. Attendance on courses can be evidence of their suitability for release. They can be released without attendance on the courses and attendance on the courses does not necessarily qualify them for release.