Victims and Prisoners Bill

Lord Ponsonby of Shulbrede Excerpts

Consideration of Commons amendments
Friday 24th May 2024 Lords Chamber

[Baroness Brinton (LD)]

My Lords, it seems only 24 hours ago that we were discussing these amendments. Indeed, we were. There has been some progress made, for which we thank the Government from these Benches. It may not meet everything that we were seeking, but there has been some clarity on some of the issues.

On Amendment 33—the training support and the alternative offer from the Government—the reason that those of us who supported it really wanted to see it is the lack of consistency in training between police forces and other parts of the criminal justice system. Although the Minister says that is expensive, it is also very expensive when mistakes are made because the training has not been adequate. We put on notice that this is yet another of the items that will, I suspect, appear as amendments in the future.

I completely support everything my noble friend Lady Hamwee has said on the immigration firewall, and I will not add any more to that. The review of the duty of candour for major incidents is welcome, given that the Government would not agree to Labour’s amendment on it. I hope the review will look at not just major incidents but the duty of candour widely in the public sector, because I am not sure, for example, that the infected blood scandal would have appeared as a major incident for perhaps a decade, or two decades, or even longer. I hope those involved with that committee will look at that, but we welcome the review.

On the MAPPA points, I think that is a helpful amendment, and I can understand why it has been laid. From these Benches, we would like to see it in operation to make sure that it works.

The final point I want to come to is on the Government’s own amendment to the eligibility for home detention curfews. I am very pleased that the Minister specifically mentioned that those convicted of stalking, even with sentences of under four years, will not be able to access home detention curfew. We spent some considerable time during the passage of the Bill also discussing why it is often the case that the CPS charges people with things other than stalking. Those people who are known to be stalkers, but are convicted of a lesser crime, still pose the same risk, particularly when they have been multiple offenders. We urge the Government from these Benches to make sure that the CPS looks at charging stalking and a lesser offence because we believe that that is a problem for many of the things that have been progressed during the passage of the Bill.

I will say very briefly that I am very grateful to the noble Baroness, Lady Newlove, for her help as the Victims’ Commissioner, and to the Domestic Abuse Commissioner and the London Victims’ Commissioner —who is in the Gallery today—and all their teams. They have briefed your Lordships’ House to help the progress of this Bill. The London Victims’ Commissioner and I were remembering that it was 14 years ago that the stalking inquiry report was published, and much but not all of that has been enacted. I hope that future Governments will make sure that we can better resolve stalking cases in the future.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, we welcome the discussions that have taken place in the usual channels to ensure that the calling of the election does not unduly disadvantage victims who have waited for many years for this legislation to be brought forward. We on our side have strived to be collaborative throughout the Bill’s progress and, while we have not been able to achieve everything we would have liked, we acknowledge that the department has been willing to negotiate on some matters and make a number of amendments in lieu.

It is a shame that my noble friend Lady Royall’s amendments on stalking were not successful as part of the negotiating process. On stalking and the eligibility for home detention curfew, I thought that the noble Baroness, Lady Brinton, made a very interesting point about the CPS charging stalkers with alternative offences as well. As I have said in other debates, I have dealt as a magistrate with stalking matters relatively recently. If lesser charges of harassment can be pressed in the alternative, the court would have better choices to make when determining guilt or otherwise. I thought that that was an interesting point.

The noble Baroness, Lady Brinton, did not mention unduly lenient sentencing. While that was not part of the wash-up agreement, the Government nevertheless committed from the Dispatch Box to keep unduly lenient sentencing under review. As far as I can or cannot commit any future Government, I think it is something that any Government would want to keep under review, as the amendment from the noble Baroness, Lady Brinton, is important.

We also welcome the amendment in lieu, Amendment 32A, on the duty for agencies to co-operate with the Victims’ Commissioner. I congratulate her on all her sterling work on this Bill. This does not go quite as far as we asked, but it is an improvement, nevertheless.

The Labour Party remains committed to introducing a statutory duty of candour. It is a shame that the Government have not felt able to go further, but at least there is a review in the Bill.

We are pleased that the infected blood provisions will make it on to the statute book and be commenced at Royal Assent, and we welcome the recent government Statements and hope that compensation will get to people as early as possible.

On IPP, we have tried to work collaboratively across party lines and there is further work to be done. We want to ensure that solutions proposed are robust and assessed with public safety in mind, and we will work at pace, consulting widely on potential ways forward.

We of course welcome the concession on controlling or coercive behaviour and the MAPPA process, in Amendment 99A. It is an important marker, but only part of a bigger picture where violence against women and girls needs to be addressed. There is more work to do, but passing this Bill is an important step towards a new era of transparency and advocacy for victims of crime.

In conclusion, I thank my honourable friend Kevin Brennan for steering Labour’s response to the Bill through the other place and my noble friend Lady Thornton for her support for me during the passage of the Bill. I also thank our advisers, Catherine Johnson and Clare Scally.

Finally, I thank the noble and learned Lord, Lord Bellamy. I also thank his civil servants, who have been extremely helpful to me and, I know, to many other noble Lords who have taken an interest in this Bill. Turning back to the noble and learned Lord, I know he will say that he works as part of a team, but the team needs a leader and he has been the leader for this Bill in this House—and that has been to the benefit of all noble Lords who have taken an interest in the Bill.

The Bill is an accomplishment. It is only a step in the road, and I hope we can work on the progress that has been made in any future Governments who may be formed.

[Lord Bellamy (Con)]

I thank all noble Lords who have spoken. I will deal briefly with the points made. The point the noble Baroness, Lady Hamwee, made about the firewall is a difficult one. No doubt it will continue to be discussed in the years ahead. The Government do not feel able to go further at the moment.

On Motion E, which is on the importance of training, I hope we have now put in place something effective, though indirect, to ensure that training will happen properly. That will no doubt be kept under review and be publicly reported in the annual report, so that this House and the other place can monitor how that is going.

On Motion G, which is on MAPPA, I respectfully suggest that the Government’s amendment completes the picture. It includes coercion and controlling behaviour. The point the noble Baroness, Lady Brinton, made about the importance of the CPS considering exactly what it charges is important, but I stress my own understanding that a risk assessment will take place in every case so that, even if there is not actually a stalking charge, the fact that it is stalking-like behaviour should be properly taken into account in assessing the risk before HDC is used.

On the commitment in relation to unduly lenient sentences, which the noble Lord, Lord Ponsonby, mentioned, at the time we envisaged that we would include something in the Criminal Justice Bill. Unfortunately, that has not taken place. The Government’s commitment remains as long as the Government are the Government—no doubt a future Government will wish to take that matter forward as well.

Those are my brief comments on the substantive points that have been made, but I will make some very brief concluding remarks as we reach the concluding stages of the Victims and Prisoners Bill. I once again thank all those who have engaged and collaborated throughout the passage of the Bill. I particularly thank my noble friends Lord Howe and Lord Roborough, who, if your Lordships remember, took over the passage of the entire Bill at a certain stage in Committee and have taken on certain sections of the Bill. My noble friend Lord Roborough has done very important work, particularly on MAPPA and related points, but my noble friend Lord Howe, as your Lordships know, has taken on a major role in relation to the infected blood issues. I am very grateful to them.

I am very pleased that the Bill has made it through this process. We have not lost it and I put on record my own thanks to all the officials who contributed to the Bill. They have already been warmly thanked in the other place, but I need particularly to mention Nikki Jones, Katie Morris and Lizzie Bates, who were among the team leaders. I also personally thank the infected blood team at the Cabinet Office.

Since I may not have another opportunity, I will say, personally, what a privilege it has been to deal at this Dispatch Box with the affairs of the Ministry of Justice over the last two years, and how much one appreciates the courtesy, perspicacity and hard work of this House. Members actually listen to the debates and take on board the points made. I think most people understand that we are trying to find solutions to very difficult problems and there are very often several points of view. My overall impression is that, on the whole, the House works very closely and collaboratively. As a newcomer to your Lordships’ House, I may say personally that that is a most impressive situation—possibly unique among legislatures in the western world.

Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024

Lord Ponsonby of Shulbrede Excerpts

Friday 24th May 2024 Lords Chamber

[Lord Marks of Henley-on-Thames (LD)]

My Lords, I add the support of these Benches for everything that all noble Lords have said, particularly the noble and learned Lord, Lord Thomas of Cwmgiedd, who led the special committee on the Arbitration Bill. I agree with him and other noble Lords about the Hague convention regulations, but I also express considerable concern about the loss of the Arbitration Bill and the Litigation Funding Agreements (Enforceability) Bill.

With others, I pay tribute to the work of the noble and learned Lord, Lord Bellamy, generally, and to the noble Lord, Lord Roborough, and the noble and learned Lord, Lord Stewart of Dirleton. We had the three government Ministers involved in this House on a delegation yesterday to try to save those two Bills. We have not succeeded, which is a great shame. I hope that we can unite to bring some pressure on the powers that be to improve the wash-up procedure so that Bills of great importance to the British economy can be taken through during the wash-up where there is absolutely no controversy about them, as is the case with both these Bills. They both could have been dealt with last night and today before Prorogation and they have not been. That is going to cause a big delay and it is a great shame. I hope the delay will be kept as short as possible.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, we on our side support the statutory instrument and recognise and endorse everything the noble and learned Lord, Lord Bellamy, said regarding the importance of recognising the Hague convention and being one of the first adopters of the new convention and, as the noble and learned Lord explained, the ratification process and the importance of the UK maintaining its status as a world leader in its courts system.

I agree with what the noble and learned Lord, Lord Thomas, said, about the Arbitration Bill. I well remember the Second Reading debate in the Moses Room, where the Back Bench was replete with retired Supreme Court judges—which, as the only non-lawyer taking part in that debate, was a very instructive process for me.

Every noble Lord who has spoken has really made the same point about the Litigation Funding Agreements (Enforceability) Bill and the Arbitration Bill. All I can say is that, from my side, I also did what I could to try to get these Bills to be recognised, but, as the Bills started in the Lords, that was a problem. I recognise what the noble Lord, Lord Marks, says about improving the wash-up procedure, because these are not politically contested Bills yet they are very important for UK plc. In the future, I will very much do what I can to make sure that my political party, whatever its position, will do everything it can to get these Bills on the statute book as quickly as possible.

[Lord Bellamy (Con)]

My Lords, I thank all noble Lords who have spoken and I particularly thank those who have been kind enough to express personal regards in remarks about me—to which I would respond only that no one operates individually and I have a wonderful team in my private office. I have magnificent officials in the Department of Justice. I have very strong ministerial colleagues both in this House and in the other place. We work as a team and it is that team that keeps us, as it were, in orbit and it is to them that one owes the warm thanks of this House.

The main point made by all noble Lords is to express unanimous disappointment, regret and frustration at the loss of the Arbitration Bill and the Litigation Funding Agreements (Enforceability) Bill. I can only agree with those sentiments and express the profound hope for both those measures, particularly the Arbitration Bill, under the chairmanship of the noble and learned Lord, Lord Thomas of Cwmgiedd, where so much work was done was done by the special committee, at Second Reading and elsewhere that it would be an enormous regret and a very serious black mark on our processes if all that had to be done again.

I very much hope that, whatever Government is in power, that Bill, in particular, is brought back as soon as possible and that we are not defeated or held up in any way by inflexible and archaic procedures. The same applies with equal force to the litigation funders Bill. With those brief comments, I commend the regulations.

Coroners (Suspension of Requirement for Jury at Inquest: Coronavirus) Regulations 2024

Lord Ponsonby of Shulbrede Excerpts

Friday 24th May 2024 Lords Chamber

[Baroness Hodgson of Abinger (Con)]

My Lords, I too welcome these regulations. I am very pleased to hear that measures are being taken to try to clear the backlogs and that the bereaved are put at the heart of the coronial cases. However, I would like to ask my noble friend a question. I have heard that, in some cases, where there have been long backlogs and families have been waiting for an inquest, unable to move forward. They have then been told that the inquest is not being held in person; it will be done on paper. I ask that the wishes of families are taken into account very seriously.

One person who contacted me about this was desperately upset. She had been waiting for an inquest and hoped that she would get answers to some of the questions she had about why her mother had one minute been coming home from hospital and, the next minute, was on an end-of-life pathway due to having picked up coronavirus. She felt that, having waited for two years and having really agonised about this, she was being brushed aside because it was being put into a paper inquest.

So I welcome these regulations, because clearly the shortest time possible between a death and an inquest is desirable. As my noble friend Lord Sandhurst said, for some of the witnesses as well it is better to close these things. However, where there have been long waits, to suddenly hear there will be a paper inquest, which the person who contacted me would not be able to be party to except to hear the results, is far from satisfactory.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, we support this SI. We thank the noble and learned Lord for everything he has said and recognise the point he made that the coroner will still have discretion, rather than there being a requirement to empanel a jury for hearings.

I want to make a slightly different point to the other noble Lords. Everyone has quite rightly said how backlogs affect families of those involved; that, of course, is true. But there is another, positive reason for continuing with the current arrangements, albeit on a temporary basis, and that is the quality of the decision-making itself. For any witnesses who are having to wait longer, there will inevitably be a degradation in their memory. For that reason—not just the very laudable reason of trying to reduce difficulties for families—the outcomes will be better through reducing the whole coronial process of reviewing these decisions.

[Lord Bellamy (Con)]

My Lords, I thank all noble Lords for their contributions. I understand that guidance from the Chief Coroner explains that great weight should be given in particular to the wishes of the family. I accept, as others have said, that there are very serious delays in the coronial system. The example given by the noble Baroness sounds like a highly regrettable situation and I will ask my officials to look further into it.

I venture to say that the coronial system, as the noble Lord, Lord Sandhurst, has just observed, is ripe for a fairly thorough review. This division between local authority responsibility and judicial responsibility is probably not the most efficient or sensible arrangement. That is something we should do, both from the point of view of families going through a very traumatic situation of bereavement—it is very serious when things such as those mentioned by the noble Baroness happen. The point about witnesses is also a very fair and important one. This is ongoing work to tackle the delays in the coronial system and its general efficiency.

Tribunal Procedure (Upper Tribunal) (Immigration and Asylum Chamber) (Amendment) Rules 2024

Lord Ponsonby of Shulbrede Excerpts

Friday 24th May 2024 Lords Chamber

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)]

My Lords, these are the procedural rules to enable the Upper Tribunal to handle the new appeals regime under the Illegal Migration Act 2023. These rules are already in force: this is by nature of a made-affirmative statutory instrument, which has been in force but needs to be renewed unless it sunsets after 40 days.

As your Lordships will probably recall, the suspensive claims, already approved by Parliament in Sections 44 to 49 of the Illegal Migration Act 2023, are those cases where it is argued by the appellant that there would be serious and irreversible harm if they were to be removed or that the removal conditions were not met—for example, if they were actually lawfully in this jurisdiction.

Exceptionally, these rules are made by the Lord Chancellor instead of the Tribunal Procedure Committee, but there is very close liaison with the committee. Going forward, that committee will be able to amend or replace these rules as it deems appropriate under its usual procedures. That is all I need to say by way of explanation of this instrument. I commend the rules to the House.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, we recognise the controversial background to this SI and the legislation that has really formed a backdrop to many months of deliberations in this Chamber. Nevertheless, this SI, as the noble and learned Lord explained, is already in place, and this is, essentially, a renewal of it. Of course, there needs to be a robust and in-place appeals procedure. On that basis, we are happy to support the SI.

[Lord Bellamy (Con)]

My Lords, I thank the noble Lord, Lord Ponsonby, for his support.

Victims and Prisoners Bill

Lord Ponsonby of Shulbrede Excerpts

Report stage
Tuesday 21st May 2024 Lords Chamber

[Lord Pannick (CB)]

My Lords, I associate myself with the remarks of the noble Lord, Lord Marks, and the noble Baroness, Lady Lister. I am unclear whether the Government accept, as I think they must, that the reason why they wish to disapply Section 3 of the Human Rights Act is because they recognise that, without such disapplication, the substantive provisions of this Bill would plainly contradict Britain’s obligations under the European Convention on Human Rights.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, Section 3 of the Human Rights Act requires courts to interpret legislation compatibly with rights under the European Convention on Human Rights as far as is possible. Clauses 49 to 52 would disapply Section 3 to prisoners as a group when it comes to legislation about their release. It is disappointing to see this Government wasting parliamentary time and public money to remove human rights from prisoners.

There is no evidence of the Human Rights Act 1998 limiting the Parole Board from making decisions about prisoners. These clauses appear to be trying to solve a problem that does not exist, while the Government ignore the many critical problems across our criminal justice system. We in the Labour Party are proud that it was a Labour Government who brought about the Human Rights Act in 1998, and a future Labour Government will continue to be a bastion of justice and hope, unlike this current Government, who cannot bring themselves to focus on the real issues affecting the public.

The noble Lord, Lord Marks, and my noble friend Lady Lister spoke about the lack of support from the Labour Party if he were to press this matter to a vote. He said—I wrote it down—that he thought this was “a sad portent for the future”. That is a harsh interpretation of our stance. I have just reiterated our commitment to the Human Rights Act. We would not have chosen to support him if he had pressed the matter, but the statement I have read out reaffirms the Labour Party’s commitment to the Human Rights Act. Having said that, I think the noble Lord, Lord Pannick, has put his finger on the central question. If the Government see no diminution of the Human Rights Act, why are they disapplying Section 3 within this Bill? Do they believe that it would breach the Human Rights Act if they failed to disapply the Act in this case?

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)]

My Lords, I thank the noble Lord, Lord Marks of Henley-on-Thames, for his amendments, which seek to remove Clauses 49 to 52. I am extremely sorry to disappoint the noble Baroness, Lady Lister, and others, but the Government laid out their position in Committee and nothing the Government have heard since or this evening alters that position.

As I think I have said previously, Section 3 of the Human Rights Act is a procedural, not a substantive, provision. Clauses 49 to 51 effectively disapply Section 3 in relation to prisoner release legislation. Let me start by reiterating that nothing in these clauses removes or limits any convention rights enjoyed by prisoners. If I was asked, as I think I was, to confirm that the full range of substantive rights under the ECHR remain: yes, of course they do. Nothing in these clauses removes or limits any convention rights enjoyed by prisoners. A breach of human rights may still be pleaded before any domestic court or in Strasbourg in the usual way, and we would not want to prevent such action by prisoners where it is warranted.

I respectfully respond to the noble Lord, Lord Marks of Henley-on-Thames, by saying that this provision does not represent either an invitation or still less an instruction to the courts to disapply the Human Rights Act; nor does it imply, as suggested by the noble Lord, Lord Pannick, and perhaps by the noble Lord, Lord Ponsonby, that the Government believe there is any breach of the European convention in relation to this legislation. That is not the case. The Government do not accept that there is any breach whatever in this legislation. It is the Government’s position that a matter as important as the public protection test should be for Parliament and that it should not be open to the so-called writing-in or reading-down provisions of Section 3, which is an interpretive position which means that the courts may be required to go further than usual in interpreting legislation that would otherwise be compatible with convention rights. Although this has happened less often in recent years, it can require courts to stray from Parliament’s original intention, and the Government do not think that that is appropriate in this context. The real issue is the balance between the courts and Parliament from a procedural point of view.

--- Later in debate ---

[Baroness Brinton (LD)]

My Lords, from these Benches, we are very grateful that the Government have agreed to move forward with these amendments. It is extremely important that things move at pace. Obviously, there is always a bit of concern about a regulation that can revoke primary legislation, but given the circumstances, it is completely understandable. Given the lateness of the hour, I will stop there.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I agree with the noble Baroness, Lady Brinton. We welcome these amendments.

[Earl Howe (Con)]

I am grateful.

Victims and Prisoners Bill

Lord Ponsonby of Shulbrede Excerpts

Report stage
Tuesday 21st May 2024 Lords Chamber

[Lord Marks of Henley-on-Thames (LD)]

My Lords, I simply say that we support these amendments; we argued for them in Committee. A view I expressed then was that it was bizarre that the Bill provided for the Upper Tribunal to determine Secretary of State referrals from the Parole Board of release decisions, with the High Court involved only in cases with sensitive material.

We also agree that releases should be suspended pending decisions on such referrals by both the Secretary of State and the divisional court. The only further point I will make is that I hope that the Minister will be able to indicate from the Dispatch Box that such referrals should generally be dealt with as expeditiously as possible, to minimise the anguish of people waiting and the risk of prisoners having their time in custody unjustly extended by the delay.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I, too, thank the Minister for the government amendments in this group. The Government have listened carefully to the two previous Lord Chief Justices and decided that the High Court is the most appropriate place to hear parole referrals. The noble and learned Lord, Lord Thomas, said that the Government’s amendments in this group were better than his, which has circumscribed the debate.

The noble Lord, Lord Marks, raised an interesting point about how the courts should deal expeditiously with parole-type matters, and I will listen with interest to what the Minister has to say on that.

[Lord Bellamy (Con)]

My Lords, on the point raised by the noble Lord, Lord Marks, once referred to the court, the timetable and listing will be a matter for the court, but I am sure that it will take account of the need for expedition and the remarks made in the Chamber just now.

--- Later in debate ---

[Lord Marks of Henley-on-Thames (LD)]

My Lords, it has long seemed strange that, having abolished IPP sentences during the coalition in the LASPO Act, we still have nearly 3,000 prisoners, many of whom had relatively short-term tariffs, in custody or recalled to custody many years after their tariffs have expired.

In this House and elsewhere, there is unanimity that IPPs have been and remain a stain on our justice system, and that they are an inhumane mechanism, unjustly withholding from prisoners a date of release, routinely depriving them of any hope of freedom and causing them serious mental health problems. This is a fact highlighted by the noble and learned Lords, Lord Thomas of Cwmgiedd, Lord Hope of Craighead and Lord Garnier. The IPPs were frequently in the wake of offences that were not of themselves the most serious.

This is all against a background of a Government taking strange measures, almost impossible to justify, to keep down the prison population. As the noble and learned Lord, Lord Thomas, pointed out, we have prisoners on determinate sentences being released up to 93 days early, for no good reason apart from that there is no space for them. With Operation Early Dawn, we have hearings of criminal cases being delayed to avoid using up prison space by convicting and sentencing offenders expeditiously. We have a prison building programme that even on the most sanguine projections for planning and construction cannot possibly keep pace with predicted increases in prisoner numbers.

Yet we have a Government who have already been the cause of increasing prisoner numbers—with longer prescribed sentences and legislation increasing times in custody—setting their face against doing more to relieve a significant part of the pressure by releasing IPP prisoners faster and more humanely. Certainly, they have moved some way, and I join my noble friend Lady Burt in welcoming the Government’s movement and in her call in Amendment 140, supported by the noble Baroness, Lady Fox of Buckley, and the right reverend Prelate, for much more and far better aftercare and support for these damaged prisoners who have suffered so much from IPPs. The action plan, so far as it goes, is welcome, as are the other government amendments, in which the Government have accepted the spirit of amendments moved by others throughout the passage of this Bill. I join those others, notably the noble Lord, Lord Blunkett, who has been mentioned and who has spoken, in appreciating the discussion and co-operation that we have all had with the Minister. However, one suspects that it has been despite the Minister’s best efforts that the Government have not moved far enough.

Amendment 149A, tabled by the noble and learned Lord, Lord Thomas of Cwmgiedd, and noble Lord, Lord Blunkett, and powerfully supported today by the noble Lords, Lord Moylan, Lord Carter, and others, with its requirement for an approach that embodies proportionality, is a modest amendment. Why the Government cannot accept it I cannot imagine. The noble and learned Lord’s amendment is designed to give IPP prisoners the hope that they need. The noble and learned Lord, Lord Garnier, expressed powerfully the effects of the loss of hope for IPP prisoners in the context of this amendment. If the noble and learned Lord does test the opinion of the House, we will support his amendment. I hope only that a good number of Labour Peers and Conservative Peers, in the cross-party spirit shown by the noble and learned Lord, Lord Garnier, will do the same. It would be very welcome if the Government would heed his plea to have one more think.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I too acknowledge the work done by the Minister on IPP and the significant movement that there has been through the government amendments.

It is right that IPP sentences were abolished. We share the concerns that lie behind many of these amendments. We have always sought to work constructively on a cross-party basis on this issue, which is why we are supporting the government amendments to bring forward a statutory action plan. Our default position will always be, where possible, to secure the safe release of IPP prisoners. However, public safety must be at the centre of our approach. It is not possible to make assessments of public safety responsibly and confidently from the opposition position without the necessary evidence on the individual needs of these offenders. In government, the Labour Party will work at pace to make progress and will consult widely to ensure that the action plan is effective and based on the evidence available.

Government Amendment 139C, the annual report amendment, is a government concession to Amendments 141 and 142 tabled by my noble friend Lord Blunkett. It places an obligation upon the Government to report annually on the progress and rehabilitation of IPP and DPP prisoners through the enhanced work of the progression board and to outline those whom they have consulted in supporting such progress. There is clear intent of prisoner release and support and progress on licence while being monitored and advised by the scrutiny panel—currently known as the external challenge group. The Minister mentioned the members of this group. Nobody could doubt their credibility.

Parc Prison

Lord Ponsonby of Shulbrede Excerpts

Tuesday 14th May 2024 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I thank the Minister for repeating that Answer to the Urgent Question. It was only yesterday that the Minister was answering an Urgent Question at that Dispatch Box about overcrowding in our prisons, and it was less than a week ago that Wandsworth prison received an urgent notification from the chief inspector about its unsatisfactory regime. Drug abuse and drug deaths form a common theme, from HMP Parc to HMP Wandsworth and across the prison estate. That is notwithstanding that, as the Minister said, not all the deaths at HMP Parc were drug related. Nevertheless, a majority of them were. Recently, the prisons ombudsman issued a stark warning telling prisoners at HMP Parc to throw away their drugs immediately due to the severe risk that they posed to their health.

The number of drugs found in our prisons has surged. There have been more than 90,000 drug finds over the past five years, according to the latest figures. Synthetic opioids are becoming a growing problem as part of the overall increase in drug use in our prisons. Prison staff are being targeted to smuggle drugs into our prisons. More than 1,000 officers and staff were investigated in 2023 alone. Can the Minister outline what further steps the Government are taking to crack down on this route of smuggling?

One way to stop drugs getting into our prisons is through physical security measures, yet reports in the Times newspaper found that body scanners to detect drugs in another prison were not being staffed, or were being staffed in an absolutely minimal way. Does the Minister believe that body scanners should be put to better use?

The problem with illegal drugs in our prisons is endemic and growing. It requires a systematic, wide-ranging response to drive drugs out of prisons. Can the Minister update the House on what the Government are doing about prison security, mental health support, working with third-party providers in education and health and getting prisoners out of their cells so they can be engaged in purposeful activity? Of course, underpinning all this is the key role that the Probation Service must have in preventing reoffending. What is the Government’s strategy to reduce this endemic problem?

[Lord Bellamy (Con)]

I thank the noble Lord for those questions, which are entirely relevant and reasonable. The Government and, indeed, the country must face the fact that we have a very considerable problem arising from the increased availability of synthetic opioids in the community. Noble Lords will be aware of how widespread this problem has been and still is in the United States, and we are now seeing that problem in this country. The difficulty is that such drugs are approximately 500 to 1,000 times stronger than heroin and it is particularly easy to overdose on them, so there is a very high risk of prisoners almost accidentally causing themselves great harm or even of giving rise to fatal incidents.

This is a very considerable challenge of which the Government are aware. We are redoubling our efforts to stop these drugs entering the prison, bearing in mind that, once the drugs are in the community—and they are in the local community in various areas around a number of prisons—that is not a very easy thing to do. Obviously, one must have searches—that must include staff searches, due to the risk that staff may be importuned to carry these drugs—as well as on-site drug testing. Handheld devices are particularly effective in this area and body scanners play an essential role. I agree with the noble Lord that body scanners should be fully manned. If they are not being fully manned, that must be addressed.

In addition to those measures, particularly at HMP Parc, drug amnesties have been used from time to time, especially recently, to persuade prisoners to surrender their drugs. There is a national operational response plan; I will not go into detail but it is supported by the national substance misuse delivery team. The use of intelligence in the local community to identify weak points—particularly, again, in relation to those who may be deliberately or inadvertently carrying drugs into prison—is also important.

I gather that HMP Parc is currently rated green/amber on the issue of security, which is not a bad rating in the circumstances. However, I fully agree with the noble Lord that we have to work as a society to combat this. I pay particular attribute to the Gwent Police, NHS Wales and the Welsh Government for their very close collaborative working on these tragic matters.

End of Custody Supervised Licence Scheme: Extension

Lord Ponsonby of Shulbrede Excerpts

Monday 13th May 2024 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, the ECSL scheme was launched last October as a temporary response to the capacity crisis, which has seen the prison population soar to 88,000. At that time, it was for 35 days’ early release. The Government’s narrative was that this would relieve increasing pressure on prisons and allow probation staff to manage clients back into the community safely and effectively. That has not worked sufficiently, so they are increasing the early release to 70 days. Does the Minister agree with me that this shows that the Government have failed to properly manage the prison estate for capacity, safety and basic decency? Does he also agree with me that there needs to be a renaissance in our probation services so that we make more use of community orders and suspended sentences, rather than ever increasing the prison population?

[Lord Bellamy (Con)]

My Lords, I think the House is well aware of the pressures on the prison estate. We have had considerable difficulties in recent times, particularly with a highly increased remand population and the ongoing effect of Covid. The Government have embarked on the largest prison building programme since Victorian times. We have opened two new prisons, and there are two more on the way for which outline planning permission has now been achieved. We are working as well as we can to deal with the situation, but temporary measures are unavoidable, I am afraid, as the Labour Government found when they were in power some time ago. I agree with the noble Lord that sentencing, in terms of community orders and suspended sentences, is very much a subject that should continue to be considered fully.

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Amendment) Order 2024

Lord Ponsonby of Shulbrede Excerpts

Tuesday 7th May 2024 Grand Committee

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)]

My Lords, this order is supplementary to what became Statutory Instrument No. 150 of 2023, which I had the honour of moving in this Room on 23 January 2023. That SI provided legal aid for the new procedures under the Domestic Abuse Act 2021, namely: domestic abuse protection notices, known as DAPNs, which provide immediate protection following a domestic abuse incident; and the new domestic abuse protection orders, known as DAPOs, which provide flexible, longer-term protection for victims.

Under that statutory instrument, legal aid was provided for a number of procedures in the family, county and criminal courts but, at the time, there was a small omission for advocacy in the magistrates’ court or on appeal from orders in the magistrates’ court to the Crown Court. This order simply fills that lacuna, which came to light in the course of working through both how this new regime was to operate and the complex provisions of Schedule 1 to what is known as LASPO to make sure that the legal aid regime covering these new orders was complete and comprehensive. We are simply filling a small gap in the regime that had not been spotted before.

This new statutory instrument before the Committee will ensure that legal aid is available for those proceedings. Let me go into more detail. The statutory instrument before your Lordships will make advocacy for those persons who are protected by a DAPO—or those who are subject, or potentially subject, to a DAPO—available under civil legal aid in magistrates’ courts. This form of civil legal aid will apply to DAPO cases where the application for the DAPO is made by the police in the magistrates’ courts. It will extend to appeals to the Crown Court and to applications to vary or discharge the DAPO in these courts. The respondent to an application for a DAPN will also be entitled to legal aid.

Your Lordships may recall that these procedures will for the first time enable these kinds of orders to be made by a range of courts, including magistrates’ courts, family courts, county courts and the Crown Court. In practical terms, they will make sure that the procedures and approaches to these orders mesh together, in view of the different courts that now have jurisdiction. This matter has been, and is being, worked through; as I understand it, a pilot scheme will be launched later this year to test the way in which these procedures will work. If your Lordships approve today’s statutory instrument, there will at least be a comprehensive legal aid scheme covering the procedures envisaged by the 2021 Act. I beg to move.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I thank the Minister for introducing this welcome SI. We are happy that the lacuna has been addressed. I disclose to the Committee that I am a magistrate in family and criminal courts, and I occasionally have DAPO hearings, at which both the applicant and respondent are often unrepresented at the moment, so I welcome this situation being addressed.

The Minister mentioned a pilot starting, but I was not quite sure to which he was referring. Is it the one in Croydon, which I have been told about? As I said, I hear domestic abuse prevention orders when I sit at the moment, so is this a development in the existing orders I already hear? I am not quite sure to which pilot he refers.

I also make the point that family courts hear non-molestation orders now. These may be replaced by DAPOs, and we welcome the meshing together of the various civil orders across different jurisdictions.

I want to raise a separate issue, which I am afraid I did not have the foresight to give the Minister notice of. Last year, on 24 July, I wrote to the noble Lord, Lord Sharpe, about updating the information that must be disclosed on enhanced criminal record certificates. I gave the example of domestic violence prevention orders —not domestic abuse prevention orders—and what would happen if such an order were put in place. It is clearly not a criminal order but, if it is breached, it is a criminal offence and it would appear on a criminal record check. I will not go into the details of the case on which I wrote to the noble Lord, Lord Sharpe, but he gave me a very comprehensive answer on that issue, on 5 October. My point is that the answer was a complicated one—in fact, I will give the concrete example, because it is difficult to explain this without doing so.

I was hearing a domestic violence prevention order, and the applicant was a woman who wanted the order made against her former boyfriend. The applicant’s lawyer was a part-time judge and she was paying him privately. The applicant’s lawyer said to me that the best way to resolve this was with a no-facts finding, where an order is put in place, and that for a limited period the couple did not want to see each other any more. He said that it would be satisfactory to proceed in that way. The respondent heard the advice that I had received, and I explained that, if he were to breach the order, it would be a criminal offence. I asked what his attitude was to that course of action. The respondent said to me, “This is completely impossible for me because I am a primary school teacher. If I get this civil order, I will have to disclose it to my head teacher and I do not know what impact that would have on my career”. I gave him the advice to find a lawyer and fight the application. That is what actually happened, and that is the case that I raised with the noble Lord, Lord Sharpe.

Subsequent to that hearing, the legal adviser said to me that the primary school teacher would not have to disclose the matter to his head teacher because the legal adviser, as a solicitor, would not have to disclose an equivalent civil order to her professional body. It was therefore not necessary for the respondent to disclose this information. This was said after the hearing.

I was very cautious about accepting that advice, because different professional bodies will have different advice and, particularly when you are working with children, different and more stringent circumstances may pertain. I explained all this to the noble Lord, Lord Sharpe, and, as I said, he gave me a very full explanation of the situation in which that primary school teacher would find himself. In a nutshell, it is complicated. What that man has to disclose, as an obligation and what the order requires to be disclosed, is not straightforward.

Prisons: Foreign National Offenders

Lord Ponsonby of Shulbrede Excerpts

Thursday 25th April 2024 Grand Committee

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I too thank the noble Lord, Lord Jackson of Peterborough, for initiating this debate, which has been very informed. I look forward to the Minister’s response in due course.

The Lords Library briefing explains that under UK legislation, the Government have a duty to consider deporting foreign nationals convicted of an offence in the UK and sentenced to at least 12 months’ imprisonment. They can remove foreign national offenders before the end of their prison sentence through various schemes and through prisoner transfer agreements. Prisons refer all cases involving foreign national offenders to the Home Office’s Foreign National Offenders Returns Command to consider whether deportation based on criminality is appropriate. The FNORC has overall responsibility for the management and removal of FNOs. Prisons which are exclusively used for foreign national offenders or are hub prisons have embedded Home Office caseworkers to help progress immigration casework.

In October 2023, the Government introduced changes to the early removal scheme under the Criminal Justice Act 2003. This extended the removal window from 12 months to 18 months, subject to the minimum required proportion of time having been served. Then in March, the Government announced that they will release prisoners up to two months early, to deal with the lack of space in our prisons. Prisoners may be released not 18 days early but up to an unprecedented 60 days early. We have argued that there are consequences to this decision, which are that people who have broken the law and, in many cases, pose an ongoing threat to the law-abiding public are directly benefiting from the Government’s decision to permit early release. Do the Government regret that they were in the position to have to make that decision?

The Government tell us that they will free up more spaces in our prisons by cracking down on the number of foreign national offenders, who are taking up space that we can ill afford to spare when they have no right to be in our country. The number that the Government deported last year are significantly lower than the number they inherited in 2010, when 5,383 foreign national offenders were deported in the last year of the Labour Government. Meanwhile, thousands of foreign national offenders are living in the community, as I think the noble Lords, Lord Farmer and Lord McNally, both said, post release for several years without being removed. Will the Minister acknowledge that this is the result of chaos and incompetence by the Government he represents, and that it is putting the public at risk and leaving Britain less safe?

The noble Lord, Lord Jackson, said—very fairly—that this problem will persist whichever political party is in government; that was a fair point for him to make when he opened his contribution. He went on to say that Albanians form a disproportionately large proportion of the FNOs in our prisons. I hope that the Minister can address specifically what he hopes will happen with the removal of prisoners back to Albania. Of course, we in the Labour Party accept the need to stop irregular arrivals and manage the deportation of FNOs as quickly as possible.

The noble Lord, Lord McNally, said that this problem is a gnat’s bite for the overall problems. I am not sure I agree with that comment. My local prison is Wandsworth Prison and I would say—this is certainly my perception, from everything that I have been told by everyone I know who works around or in that prison—that it is actually a significant problem in certain prisons. It may be a gnat’s bite overall but a very significant problem for certain prisons.

I thought I might mention my own experience in visiting foreign prisons, which I have done in various capacities over the years. I have been to a prison in Minsk, a prison in Sarajevo and prisons in Tashkent, and they are variable. It is interesting to me that the buildings in Sarajevo were about the same age as our Victorian prisons here in London. It was not too bad, actually; that was my experience. In the prison in Minsk, while the dormitories were very overcrowded, there was in fact a lot of open space where the prisoners could exercise better, in many ways, than what we see in our own country. The prison in Tashkent had a very good bakery and there seemed to be an active programme in trying to rehabilitate people. So, in my experience, prisons overseas are not as bad as one might fear from reading about them in certain types of documentation.

I think I have heard the themes of the speech by the noble Lord, Lord Farmer, in other speeches which he has given. He opened by saying that rehabilitation is hampered by overcrowding, which is of course true. He talked about social video calls and asked whether they can be kept going; I do not know whether the Minister will be able to comment on that, but that seems to be a desirable thing to keep going as far as possible. The noble Lord also spoke about the work of mentors in prisons. It reminded me that I recently read Chris Atkins’ book about being a prisoner in Wandsworth Prison and the work that he did as a mentor; he literally saved lives while working as a mentor there.

The noble Lord, Lord Farmer, made a lot of pertinent and interesting points. Nevertheless, this debate is about foreign national offenders. I look forward to the Minister’s answers to the questions raised, in particular by the noble Lord, Lord Jackson.