Future of the Parole Board

Alex Cunningham Excerpts

Wednesday 18th January 2023 Westminster Hall

[Alex Cunningham (Stockton North) (Lab)]

It is a pleasure to serve under your chairmanship, Mrs Murray. I congratulate my hon. Friend the Member for Blackley and Broughton (Graham Stringer) on having secured this hugely important debate to highlight the urgent challenges facing the parole system. Much of my speech will reflect and build on his concerns.

My hon. Friend mentioned the deeply distressing case of Andrew Barlow, formerly known as Andrew Longmire, and I echo his concerns. I, too, welcome the Lord Chancellor’s referral of the case back to the Parole Board for reconsideration that was announced yesterday; it is a testament to the hard work and campaigning of the victims. I also put on record my admiration for my hon. Friend and the vital work he has done, championing those victims’ cause in Parliament. As a former journalist, I also commend the role of the media in this particular case. However, it is totally unacceptable that the victims and their families did not receive the expected prior notification of Barlow’s planned release. Sadly, as highlighted by the hon. Member for Strangford (Jim Shannon), such failures are regularly repeated.

I am aware that the head of the Parole Board has expressed regret at the fact that some of Barlow’s victims were not informed, but that is simply not good enough. I note that when Sonia Flynn, the chief probation officer, gave evidence to the Science and Technology Committee last year, she confirmed:

“It is in statute that we must consult victims of serious crime on their view of release, and for them to also give our victim liaison officers a view regarding the protections that we need to put in place to reduce their concerns about that individual if the Parole Board does choose to release—particularly the obvious concern that they could bump into them in the street.”

It is deeply worrying that, even with a case as serious as this one, mistakes have been made.

I was horrified to learn that one of the victims, who still has nightmares three decades on as a result of the horror of Mr Barlow’s offending, only found out about his potential release, as we have heard, by reading the Manchester Evening News. We cannot allow our justice system to continue to treat victims as an afterthought. All of Andrew Barlow’s victims should have been signed up to the victim contact scheme and received communications from a victim liaison officer regarding how long he would be in prison, when he was up for parole and when he was likely to be released. They should have been told how to make a victim’s statement at the parole hearing. Such failings can retraumatise victims and seriously damage the public’s confidence in our justice system.

The Parole Board’s statutory purpose is to ensure that people who are dangerous are not released back into the community. It is a system designed to ensure public safety and to protect victims of crime, but after 12 years of Tory incompetence and chaos, our justice system is on its knees. Before the Minister uses the P-word, let me say that it was chaotic before the pandemic. Public confidence in the system is already near breaking point and with each further failing it gets closer to collapse. The Sentencing Council’s 2022 research report tells us that 45% of those surveyed were not confident in the criminal justice system’s effectiveness and 44% were not confident in its fairness. Does the Minister share my shock at those statistics? Public trust, efficacy and fairness of criminal justice are vital, or we will see fewer victims coming forward to report crimes and even greater numbers withdrawing midway through the process.

The 2019 Conservative manifesto promised to support all victims of crime and do right by victims, but the Government simply have not addressed these ongoing problems. How can year-long court delays and chronic staffing shortages from one end of the system to another contribute to a system that is doing right by victims? The Minister will not be surprised by my next question: when will the victims Bill come before the House?

It is clear to us all that the Government have completely lost their grip on criminal justice. Labour is the only party that can be trusted to deliver on law and order. We know that careful parole decisions are essential to reducing reoffending and its costs to society. Reoffending costs our society an astonishing £18 billion each year according to the Government’s own figures. Changes to the parole system introduced by the Government in June last year prohibit probation officers from giving a view or making recommendations to the Parole Board on progression or release of prisoners, thus removing an important element of professional expert knowledge from the process. In his evidence to the Science and Technology Committee, Martin Jones—CEO of the Parole Board—emphasised this expertise by saying,

“It is really important to make the point that we get evidence from prison and probation officers on whether a person is safe to be released or not, and work by the Ministry of Justice some years ago suggested that 90% of our decisions are in line with the evidence provided by report writers. That provides some evidence of consistency.”

In July last year, the three recognised Probation Service unions—Napo, Unison and the GMB—penned a letter to the Secretary of State with warnings about the serious consequences of the decision to prevent probation staff from making recommendations in written reports and oral evidence to the Parole Board under any circumstance. The ability to do so has long been a vital and valued part of the parole process. The unions warned that the decision

“severely endangers the ability of the Probation Service to protect victims of the most serious offences, and indeed the wider public, from the risk of serious harm posed by many individuals involved in the parole system.”

It further de-professionalises this vital public service role, leading to staff demoralisation, and exacerbating the retention problems that the Probation Service already faces. Prison and probation officers work hard day in, day out to deliver justice, and yet again they have been dismissed, undervalued and let down by this Tory Government. Speaking to the Ministry of Justice last year, a senior probation official said:

“It is extremely difficult and very disappointing that the Parole Board is the last to hear about important decisions which strike at the very heart of the difficult decisions we are asked to make. It makes our members’ already difficult job close to impossible.”

In fact, Napo members raised concerns about having to supervise someone in the community who they would not have recommended for release. They talked about the extreme stress that could cause, as well as the increased risk of further serious offences.

I am interested to hear from the Minister why removing probation recommendations was not included in the root-and-branch review of the Parole Board, and why there was no prior consultation with all stakeholders before the changes were implemented. Napo is concerned that removing professional recommendations in parole will lead to inappropriate releases and the non-release of those who otherwise may have been granted parole. Will the Minister share what impact assessment has been carried out on that particular issue, and confirm whether the Government sought the views of the Parole Board itself about having to make release decisions without expert witness recommendations?

The changes allow for the Secretary of State to make recommendations. That happens only in the most serious of cases—around 150 of the 6,000 that the Parole Board deals with each year. The remaining cases will now have no recommendation given, which seems astonishing to me. I ask the Minister for further information on the so-called “critical few” cases that the Secretary of State will be involved in. Can the Minister share how many oral hearings have been attended by a Secretary of State’s representative in recent times? In how many of those oral hearings did the Secretary of State’s representative recommend no progression—either from closed or open conditions, to open conditions from closed conditions, or release on licence?

Public hearings, the other major change introduced last year, were consulted on via the root-and-branch review. My hon. Friend the Member for Blackley and Broughton mentioned that as well. Personally, I am in favour of increasing the transparency of such hearings. When done properly, they could help to improve public confidence in the system. I know there have been only a few public hearings since their introduction, but could the Minister provide an update on how they are running, and how much engagement there has been with them? I understand that a remote link has to be set up to allow viewing, so I assume the Government have some sense of how many people are attending.

Finally, our probation service is still reeling from the reckless transforming rehabilitation programme, a failed experiment in privatisation. That disaster proceeded because the then Secretary of State, the right hon. Member for Epsom and Ewell (Chris Grayling), failed to listen to the warnings of those with the wealth of experience and expertise. I sincerely hope the current Secretary of State does not make the same mistake with parole.

--- Later in debate ---

[Damian Hinds]

I will respond to the hon. Gentleman on the precise numbers in correspondence, if I may. The important point is that every case is considered individually on its merits; that has to be at the heart of how the Parole Board goes about its business.

We will make the release test more prescriptive, so it is absolutely clear that prisoners should continue to be detained unless it can be demonstrated that they no longer present a risk of further serious offending. Secondly, for a top tier of the most serious offenders—I think that the hon. Member for Stockton North asked for clarification on what the tier consists of; it is those sentenced for murder, rape, causing or allowing the death of a child, and terrorist offences—we will legislate to give Ministers the power to refuse a release decision made by the Parole Board if they disagree with the board’s view that the release test has been met. That will provide an additional safeguard and, I hope, further reassurance to victims that for the most serious offenders, including murderers and rapists, there will be oversight by Ministers, who will be able to prevent release if that is considered necessary to keep the public safe.

Thirdly, we will legislate to ensure that the Parole Board’s membership includes more people with law enforcement backgrounds, who will sit on panels dealing with the most serious cases. Having more members who are, for instance, ex-police officers with first-hand experience of tackling crime in our communities and dealing with serious offenders will further enhance the Parole Board’s expertise in assessing the risk such offenders present. The measures that I have described will require primary legislation, which, to respond to the hon. Member for Blackley and Broughton, we will introduce at the earliest opportunity.

We have already taken other steps within the system to enhance public protection and increase confidence. For example, we have reformed the way indeterminate sentence prisoners are moved to open prison conditions, and Ministers can block such moves if they do not meet new, tougher criteria. Also, we have introduced a new system whereby Ministers can submit an overarching view to the Parole Board about release in some of the most serious and troubling cases before any decisions are taken. That ensures that it is made very clear to the board at the outset if there is a case where Ministers would be opposed to the prisoner’s release.

I return to the important issue of victims’ experience of the parole system, which is at the heart of the case that the hon. Member for Blackley and Broughton made, and the measures that we are taking on it. When offenders are being assessed for release by the Parole Board, it can be a very difficult and distressing time for victims. We want to improve the way victims are engaged in that process, give them additional opportunities to hear about what is going on, and make them feel and know that they have more of a voice.

The mechanism by which victims are kept informed about parole is the victim contact scheme, which is operated by the probation service. It was first established in 2001 and applies to victims of sexual and violent offending where the offender is sentenced to imprisonment of 12 months or more. Victims who have signed up to the contact scheme should always be notified when a prisoner is coming up for potential release.

Victims have a choice about joining the victim contact scheme. If they choose to join, they will be kept up to date with key developments, including prisoners’ parole reviews, parole decisions and release decisions, by a dedicated victim liaison officer. During parole cases, victims can make a victim personal statement to the board, setting out the impact of the offence against them, and they may read it aloud to the Parole Board panel if an oral hearing is convened.

Victims also have the legal right to make requests about licence conditions, including a no-contact condition and an exclusion zone that prohibits the offender from entering areas where the victim lives, works or travels to frequently. Victims can also request a summary of the Parole Board decision and, where the Parole Board has directed release, they can ask the Secretary of State to consider applying to the Parole Board for the decision to be reconsidered.

It should be noted that some victims choose not to sign up to the victim contact scheme. Understandably, they may seek to do what they can to put the events of the case behind them. If there is no response to a second and third invitation to join the scheme, the probation service will properly respect their wishes and not keep contacting them. Victims can, however, join the scheme at any time, even if they have previously said no. A system in which all victims are notified about parole releases would not be practical for a number of reasons. For example, as I have said, not all victims will want to receive information, and unwanted contact from the service could retraumatise them.

The scheme was set up in 2001. For cases in the system before then, in relation to the victims of offences committed many years ago, it does not operate retrospectively. However, in the most serious and notorious of cases, such as some of those that have been referred to in this debate, the probation service should ask the police, through multi-agency public protection arrangements —known as MAPPAs—for support with tracing victims. In the Andrew Barlow case, which the hon. Member for Blackley and Broughton talked about, the Greater Manchester probation region is working with Greater Manchester Police to trace victims of the offences that Mr Barlow committed in the 1980s and 1990s and invite them to join the victim contact scheme. I should also confirm that, as has been said, my right hon. Friend the Deputy Prime Minister and Secretary of State is applying to the Parole Board to reconsider its decision to direct Mr Barlow’s release on life licence. Probation victim liaison officers will keep victims in the scheme informed of progress with the application for reconsideration.

As for the measures we are taking to make further improvements, particularly to increase transparency and the information available to victims and others, we committed in the root-and-branch review to allowing victims to observe parole hearings for the first time. We also confirmed that we would change the rules to allow for public hearings in some cases. I know that that has come up this morning, and I will say a little bit about the progress that has been made on both those commitments.

Since October last, victims have been able to observe Parole Board hearings as part of a testing phase that is running in the south-west probation region. During the hearings, victims are supported by probation staff, who discuss the parole process with them and ensure that they are directed to relevant support. We are working closely with the Association of Police and Crime Commissioners to ensure that tailored local support services are readily available, should victims require. We recognise that it could be retraumatising for a victim to hear the evidence that is explored during a parole hearing, so we are initially conducting a relatively small-scale testing phase to ensure we get the processes and support arrangements right. My paramount concern is to ensure that victims can observe the hearing in a way that is safe for them while not compromising the Parole Board’s ability to conduct a fair and rigorous assessment of risk.

The hon. Member for Stockton North asked for an update on progress. During the testing phase so far, victims have welcomed the opportunity to observe hearings. Following their feedback, we are working to improve the process to prepare for its expansion across England and Wales.

Last year, having made changes to the Parole Board rules, we also saw the first public Parole Board hearing, which was in the case of Russell Causley in December. A second public hearing has been agreed by the board and will take place this year in the case of Charles Salvador, formerly known as Charles Bronson. These changes will help to improve public understanding and awareness of the parole process.

In the root-and-branch review, we also committed to reviewing the current guidance and requirements for providing victims with information about the parole process. Our review will identify areas for improving the information that victims currently receive through the victim contact scheme. We will ensure that, where victims have requested it, they receive effective, clear and timely communication about the parole process so that they are sufficiently informed as their case is progressed.

As part of the primary legislative reforms that I referred to earlier, we intend to require the Parole Board to consider written submissions from victims about the release of the prisoner. That will be in addition to the victim personal statement that victims are already permitted to make to the board. Again, that is about doing more to give victims a voice and an opportunity to put their concerns and views to the Parole Board.

I want briefly to cover a few other points that came up during the debate. The hon. Member for Blackley and Broughton raised the sex offender treatment programme. The SOTP was discontinued in the light of research evidence, and a new treatment programme has been introduced, which relies less on group work.

The right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), who is no longer in her place, indirectly raised a couple of points—one of which was also raised by the hon. Member for Stockton North—about the important issue of what is in the dossiers that are brought to the Parole Board and the content that comes from different perspectives and analyses. They both asked about not having individual staff recommendations. Reports will continue to provide all the same information, evidence and assessments about the prisoner as they currently do, with the exception of a recommendation or review from the report writer. The reason for that is that it is the Parole Board’s responsibility to decide whether the prisoner is safe to be released or should stay in prison for the protection of the public, based on the entirety of the evidence received. The written reports, including those from prison, probation and psychology staff, and the questioning of witnesses at oral hearings, will continue to provide all the evidence the board needs to enable it to reach fully informed decisions.

[Alex Cunningham]

The point about the information staff provide and how confident they are that it is being shared is important. I mentioned that staff appear to be concerned that we are releasing prisoners they would never have recommended be released. What does the Minister have to say to them about the credibility of information that is before the Parole Board, and the confidence in the decision?

[Damian Hinds]

As I am sure the hon. Gentleman recognises, the situation he describes could have happened anyway. I reassure him and other colleagues that this is not a diminution of the information that goes into the risk assessment. All of that information is still there, and that totality of information will be considered in the round.

The right hon. Member for Dwyfor Meirionnydd and the hon. Member for Stockton North asked about the impact assessment on changes to the recommendation system. The right hon. Lady specifically asked about impact on minority ethnic offenders. I want to reassure them that that impact is being monitored, though it is too early to assess on a segmented basis. It is important that we keep such matters under review.

I hope I have been able to provide some reassurance that, through the actions the Government are taking, victims’ concerns and the protection of the public are at the heart of our vision for the future of the parole system. I am grateful for the opportunity to respond to this important, thoughtful and measured debate, and thank everybody who has taken part—in particular the hon. Member for Blackley and Broughton, who secured it.