Victims and Prisoners Bill

Debate between Lord Moylan and Lord Blunkett

Report stage
Tuesday 21st May 2024 Lords Chamber

[Lord Blunkett (Lab)]

My Lords, I know that we have had extensive debates on the range of issues on IPP and DPP. I will try to be brief, because everyone will want to reach the Statement on the infected blood scandal.

I want to pay tribute to those on my own Front Bench for their support in some difficult and tricky issues, and for their understanding, and to Peers from every corner of this House who have worked tirelessly together to work out how we can make progress and how we can help both those caught up in prison, those on licence and in fear of recall, and of course the families and campaigners. I too pay tribute to UNGRIPP and those who have been campaigning tirelessly alongside them. It has at last reached the public ear—in broadcast, print and online media there is now real attention to this issue, and a sympathetic hearing. That is a very good thing.

I want to say thank you to the Minister. Thank you for being prepared to engage with those committed, and for the concessions that have been outlined this afternoon in terms of my amendments. Government Amendments 133B, 138ZB, 139A, 139B and 139C deal substantially with my Amendments 41, 42, 134, 138A and 144. I am very grateful for both the sensitivity and understanding, and the ability to give, in a period leading up to a General Election, which is difficult for any Government to do on issues such as these, which are often toxic in the public arena. Together with the current Under-Secretary of State and his equivalent in the Commons, some progress—not as much as we, or those campaigning, would like, but some—has now been made on the Bill.

My Amendment 149—I have agreed with the Minister that we might come back to this when we debate the Criminal Justice Bill—is about a technical readjustment of the Rehabilitation of Offenders Act so that IPP and DPP prisoners are not disadvantaged. This afternoon we have made progress on the action plan and how it will be updated and implemented; the progression board and its transparency and reporting; the challenge group that will be overseeing and, as it says, challenging what is happening administratively; and the commitments in relation to parole.

I just want to make one comment about probation. There is a new head of Probation—Martin Jones—who was the chief executive of the Parole Board. He understands these issues very well. I have real confidence in him, as I do in the head of the progression board, Chris Jennings; they get what we have been talking about and will move heaven and earth to make the system work. But the Probation Service has to change its outlook and risk aversion, because we have a situation at the moment, because of the enormous pressure on the Prison Service and the lack of rehabilitation that that brings, where the Government have felt it right to release people early and to slow down prosecutions, while the Probation Service recalls people on licence all the time, filling the places that the Government are unfilling. It is like having a washbasin with the tap on and the plug out.

We have to make urgent progress in both getting release, making those spaces available, and not returning people to prison—not least because Ian Acheson, a former prison governor who has been working with the Government over a number of years, said recently that 50% of those currently in prison are taking illegal substances. When they are adjudged to have taken an illegal substance, their likelihood of being able to get parole is immediately reduced. Should they revert when they are on licence, having been subject to illegal substances while they were in prison, they are brought back into a place where illegal substances are readily available. We have got to stop the cycle and we can do it only with the good will of Ministers, future Ministers and those working in the service, who need to be brave —so thank you for what has been done so far.

I turn to Amendment 149A, in the name of the noble and learned Lord, Lord Thomas, who has just spoken. I want to draw attention to a court case that took place on 9 May this year, overseen by Lord Justice Popplewell. This was the case of Leighton Williams, who was sentenced in 2008 and who, until 9 May, was in prison under an IPP because he was at the time 19, not 18 or younger. It was judged in that case—and these are all technically difficult cases—that the original judge had misunderstood and applied an IPP inappropriately when the sentence should have been for five years in a young offender institution. That having been decided, Lord Justice Popplewell released Leighton Williams immediately. This cannot be a precedent, but it indicates that the noble and learned Lord, Lord Thomas, is right in relation to the test of what is appropriate and proportionate in the work of the Parole Board. I hope that the task force that is now going to be established within the Parole Board will help provide focus. While understanding entirely the position of my own Front Bench and Whips, I feel obliged to vote for this amendment, having added my name to it, believing that it is right that there should be a better proportional test.

I repeat that the campaigns have made a difference to the work that has gone on in relation to worries about mental health and who deals with mental health provision in the service. Is it the provider or the NHS? How do we get it right for individual prisoners who really need intensive support? The campaigners have raised all those issues with all of us, and they deserve credit for it. We are not entirely there yet, but we have made some progress. I am very grateful to the Minister for his understanding and collaboration in making that possible.

[Lord Moylan (Con)]

My Lords, it is a pleasure to follow the noble Lord, Lord Blunkett, and in particular to follow him in expressing a very large degree of gratitude to the Government. Although one is going to end up disagreeing with them on certain narrow points in the course of this short debate, the Government have introduced amendments in the Commons which are extremely helpful to IPP prisoners who are out on licence, and today amendments have been introduced which deal with the very good points made by the noble Lords, Lord Blunkett and Lord Carter of Haslemere, allowing them to withdraw their amendments.

I do not think it is at all an exaggeration to say that more has been achieved, both operationally and legally, for IPP prisoners in the past few months than in the preceding 12 years. I am sure that a great deal of that is due to the personal efforts of the Lord Chancellor and my noble and learned friend Lord Bellamy on the Front Bench. I wish to express my gratitude and a degree of congratulation.

I also want to say—here I find myself again echoing the noble Lord, Lord Blunkett—that I am very impressed with the effort and determination of the officials charged with taking responsibility for clearing up this scandal; they really wish to do something. I wish them well, and I hope that that continues for as long as it needs to, whatever the character of the Government in power.

Before I turn to Amendment 145 in my name, I wish to say that there are some amendments in this group tabled by Back-Bench Peers which have not found favour with the Government. My Amendment 145 is one of them, and so is Amendment 140, in the name of the noble Baroness, Lady Burt of Solihull, and Amendment 147, in the name of the noble Baroness, Lady Blower. It is not for me to make their speeches advocating their amendments; I simply wish to say in advance of their doing so that I am very supportive of what they are trying to do in those amendments and of their aims.

Amendment 145 in my name was not actually drafted by me. As noble Lords who were present in Committee will remember, it was in fact drafted by the late Lord Brown of Eaton-under-Heywood, who felt passionately about this and, coincidentally, whose memorial service is happening later this week. On social media, it has been dubbed the “Simon Brown Memorial Amendment”, as testament to the passion that he brought to this topic and the efforts that he made.

Levelling-up and Regeneration Bill

Debate between Lord Moylan and Lord Blunkett

Committee stage
Monday 20th March 2023 Lords Chamber

[Lord Moylan (Con)]

My Lords, it is a pleasure to follow the noble Earl, Lord Lytton. I will speak briefly and narrowly to the point made earlier by the noble Lord, Lord Foster, in which he argued for a national registration scheme rather than one which, as the noble Earl said, the Built Environment Committee said should be available locally and at local option. The noble Lord’s reason was that having a national registration scheme would make it easier for the Government to gather large amounts of data. That is a very weak reason for what would be an astonishing intrusion into privacy and the rights of property.

I believe the noble Lord, Lord Blunkett, said that a national scheme was preferable because it could be implemented more quickly than one implemented by a local authority.

[Lord Blunkett (Lab)]

That was not me.

[Lord Moylan (Con)]

I beg the noble Lord’s pardon, but I heard those remarks made. I am simply saying that I do not believe that point; any scheme implemented by the Government at a national level will take a very long time to bring forward, whereas in my experience a local authority, duly empowered and with sufficient interest in the matter, could act more quickly.

One of the important findings of the Built Environment Committee was that this problem exists, as the noble Earl said, in very localised areas. We need to understand the problem if we are to find the solution, and so we need to understand the very important localism and find locally tailored solutions rather than rush into a national scheme which would be applied to the whole country and would involve a great deal of resource being spent to no particular purpose. As the noble Earl said, we will have the opportunity to return to this on group 10, whether this evening or on our next day.

As certain noble Lords have said, there is an anomaly in the taxation of properties, depending on how they are declared. If they are declared to be residential, they are liable to domestic council tax like anybody else, but if they are declared to be in business use, which is what an Airbnb-type property might be, they pay business rates. However, business rates are not paid by anything other than quite large businesses; very small businesses do not have to pay them. Therefore, by declaring oneself for business rates, one then qualifies for threshold exemptions that are not available for domestic council tax payers. Effectively, one escapes any form of tax on the property at all.

That is clearly an anomaly about which it would be worthwhile the Government thinking, but it seems to me that the right way to address it is to change the tax rules rather than introduce a large distortion in the property market. It is giving us a solution at the wrong end; if the problem is with the tax rules, it would be better and easier to remove the anomaly from them. However, we will have an opportunity to return to this later.