Victims and Prisoners Bill

Baroness Burt of Solihull Excerpts

2nd reading
Monday 18th December 2023 Lords Chamber

[Baroness Burt of Solihull (LD)]

My Lords, in the main I welcome the measures introduced in Parts 1, 2 and 3 of the Bill, with provisos. While I welcome the enforcement of the victims’ code in law, it needs to have sharper teeth by requiring the measuring and monitoring of service levels—otherwise, how can we know whether agencies are complying?

I heard the Minister’s arguments about transparency in his opening remarks, but the charity Victim Support found that as many as six in 10 victims do not currently receive their rights under the victims’ code. Improving enforcement rates will need adequate funding. What additional resources will be allocated to ensure that the code is enforced?

There is a narrative running through the Bill to empower and protect victims and give them more of a say—but not all victims. The Government are leaving out two or arguably three classes of victim. According to the Centre for Women’s Justice, more than half the women in prison or under community sentences are themselves victims who have been coerced in some way into crime, as so ably described by the right reverend Prelate the Bishop of Newcastle. I expect the Committee stage to involve amendments to ensure a new statutory defence for victims: that the victim was made to or pressured to commit certain offences.

The second group of victims are victims of human trafficking and other migrants who fear to report abuse to the police because, according to research by the Victims’ Commissioner, every single police force in England and Wales had passed on data to Immigration Enforcement. If the Government truly mean it when they say that no victim of domestic violence should be fearful of coming forward, they must erect a firewall, as several Peers have said today—otherwise, the most vulnerable victims will continue to suffer.

There is much more to say about victims, but time does not permit because I want to move on to Part 4 of the Bill, which I do not agree with. The victim protection theme continues, in that public safety is made paramount. Indeed, the thrust of the Bill concerns not prisoners but protecting the public against them and, apparently out of sheer vindictiveness, punishing some of them to the extent of contravening the convention on human rights, which should be for everyone. For example, why rob the whole life tariff prisoner of the right to marry or form a civil partnership? It boils down to the medieval concept of “civic death”, like the fact that we continue to flout the convention by not allowing prisoners to vote. If you have committed a severe crime, been found out and punished with imprisonment, you become a non-person—your stake in society is lost. Taking away the right to marry from whole life tariff prisoners is vindictive, especially, as I learned only today, because it appears to be based on just one case. If the Minister believes it is not vindictive, let him explain why in his concluding remarks or write to me.

The new right for the Secretary of State to refer release decisions for so-called top-tier prisoners to an Upper Tribunal or High Court is better than the Secretary of State, a politician, making that decision, but best of all would be to allow the Parole Board to make all release decisions, as recommended by the Law Society. After all, that is what it is there for. According to the Howard League, referral to another level will bring further delay and uncertainty. Why not just let the Parole Board do its job?

Finally, I want to talk about indeterminate-sentence prisoners, who are arguably victims in their own right since almost all have now been forced to overstay their original tariff and 85% have served more than 10 years over tariff, according to the charity UNGRIPP. While I welcome the measure to introduce a new right for IPPs to be eligible for release from licence after three years, the Bill still fails to deal with the 1,312 IPP prisoners who have never been released, and possibly never will, because they are deemed to be unsafe to the public. Last week the Justice Secretary said at an all-party group meeting that these prisoners are likely never to be released, so that is why the Justice Committee’s recommended re-sentencing programme could not be adopted, but what sentences were given for similar cases before and after the advent of IPP prisoners? Surely that is exactly why they should be re-sentenced. The Crown is holding out the false hope of release for these poor people, year after miserable year. The UN special rapporteur on torture, Dr Alice Jill Edwards, argued that we

“must reject the misleading public safety arguments against reviewing these unfair sentences and review all such sentences. Locking people up—and in effect throwing away the keys—is not a solution legally or morally”.

I do not accept the Government’s argument against re-sentencing, and I never will.

Victims and Prisoners Bill

Baroness Burt of Solihull Excerpts

Committee stage
Tuesday 12th March 2024 Lords Chamber

[Baroness Chakrabarti (Lab)]

My Lords, I have the privilege of rising on behalf of my noble friend Lord Blunkett, who is incredibly disappointed not to be here. He has a long-standing and unbreakable prior commitment. I know that he would want me to thank the noble and learned Lord, Lord Thomas of Cwmgiedd, for the kindness that he displayed and for his crystal-clear description of these amendments and of the injustices and technicalities that they address, which any lay person could understand. I am very grateful, as I know my noble friend would be. I share in the tribute to my noble friend. The fact that the former Home Secretary has asked the former director of Liberty to speak on his behalf is perhaps testament to the character of my noble friend.

My noble friend supports all the amendments in this group, most of which belong, at least in initiation, to the noble and learned Lord. He also signed Amendment 156 in the name of the noble Earl, Lord Attlee, because of this concern that no period should be increased by the Secretary of State.

For my own part, speaking for myself at this moment and not for my noble friend, of the two approaches—taking the power to alter entirely or leaving it as one only to reduce—I rather agree with the noble and learned Lord, Lord Thomas of Cwmgiedd. He has done so well in the explanation that I need say little more, other than that I also remember today our friend, his noble and learned friend Lord Brown of Eaton-under-Heywood, for whom righting this wrong, this stain on our justice system, was also incredibly important. Too many people in public life are happy to forget and ignore the mistakes of last week, let alone of two decades ago, but, if this is the House of Elders in our parliamentary system, such as it is, this is exactly the Committee to be embracing the amendments put so brilliantly just now by the noble and learned Lord.

[Baroness Burt of Solihull (LD)]

My Lords, I thank the noble and learned Lord, Lord Thomas, for his comments and endorse everything that he said, particularly about the noble Lord, Lord Blunkett, who we all wish was here today. I will address one or two of the pragmatic issues. The amendments in this group all relate to IPP licences, and I support them all. They are intended to affect the applications of licences to be fairer and speedier, so that we can release or re-release IPPs as fast and as safely as possible into the community.

Clause 48 currently removes the element of annual review in favour of one-off review every three years. However, if the Parole Board decides not to terminate the licence of this point, Amendments 149 and 150 restore the right—removed by the Police, Crime, Sentencing and Courts Act—to an annual review by the Parole Board. The Prison Reform Trust comments that having a sunset clause of a further two years might just constitute a high bar for some prisoners, and that the Parole Board should be able to terminate the licence after one year, otherwise licences could drag on for years, as before.

The circumstances described in Amendment 152 are probably quite rare, but it is worth ensuring that a person would not have to suffer if they had been recalled but the Secretary of State had revoked the recall, presumably because there had been an error of some kind and they should not have been recalled. The prisoner should not be penalised because of an error not of their making.

Amendment 153 continues in a similar vein, but this time gives the Parole Board the ability to maintain the sunset clause. However, in this case, it is slightly more complicated. Firstly, the Secretary of State can recall if they conclude on reasonable grounds that the prisoner has deliberately revoked the terms of their licence and the safety of the public would be at risk. The Parole Board can overturn the Secretary of State’s decision to recall a prisoner if on subsequent review, and if it is privy to more information than the Secretary of State, it subsequently concludes that the prisoner is not putting the public at risk.

Amendment 157 ensures that the Government use their wide-ranging powers to change the qualifying period using only secondary legislation and that they can revise it only downwards. If they want to revise it upwards, it will have to be done with primary legislation. This is within the spirit of the Bill today. This amendment ensures that a future Government would not be tempted to use this power to make the situation worse for IPP prisoners, not better.

All in all, this suite of amendments is sensible and, as the noble and learned Lord, Lord Thomas, said, pragmatic. It is offered in a spirit of helpfulness. I sincerely hope that the Minister will see this and maybe feel that it is appropriate to introduce government amendments to this effect.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I rise possibly as an elder, owing to my advanced age; but perhaps not. I would like to support the noble and learned Lord, Lord Thomas of Cwmgiedd. As he said, there is almost nothing left to say about these prisoners. It is an injustice. I hope that the Government are considering accepting some of these amendments. We cannot say that we have a justice system if we have an innate injustice like this.

I support the tributes to the noble Lord, Lord Blunkett, but also to the noble Lord, Lord Moylan, with whom I have almost nothing in common; we have a very tetchy relationship but, on this, I think he is being superlative in working for the rights of IPP prisoners.

As Greens, we believe that prison is overused as a tool of justice. Far too many people are imprisoned when there are much more effective ways of rehabilitation or stopping reoffending. I can understand the anger of people who say that we should lock up serial rapists and murderers and throw away the key. I do understand that anger; but, in this instance, we have, for example, a 17 year-old who steals a bike, or people who grab other people’s mobile phones. This is clearly an injustice; I find it difficult to believe that anybody listening to this would not agree.

The lawyer and campaigner Peter Stefanovic put out an online video about this. It has had 14 million views. A petition to force the Government to debate this again got easily 10,000 signatures. There is massive public support for sorting out this issue. I know that the Government care very much about the will of the British public. The word that came through for me in some of the responses to the video was “cruel”. The sentencing and continued imprisonment of IPP prisoners has just been cruel. Please, let us see some progress on this Bill, then we can all take the Ministers out for a cup of tea.

--- Later in debate ---

[Lord Hope of Craighead (CB)]

My Lords, I shall speak to Amendments 159 and 160 in this group, which the noble Lord, Lord Blunkett, has asked me to introduce on his behalf, and in support of Amendment 161, which was spoken to so ably by the noble Lord, Lord Moylan, a moment ago. I join others in expressing great regret that the noble Lord, Lord Blunkett, cannot be here to speak to his own amendments. It was very good of him to suggest that I might take his place in the case of these two amendment, but I am conscious of the fact that I cannot match the contribution that he would have made had he been here. Along with others, I have admired the way in which, with commendable candour, as has been said, he has faced up to the enormous and wholly unforeseen problems that the IPP regime has created. He has done his very best to bring his profound understanding of our prison and parole systems to bear in the search for solutions to the problems, and the amendments in his name are the product of that endeavour. His contribution in person will be very much missed.

I come from a quite different background. When I served for seven years as Lord Justice General in Scotland, I visited all the prisons but one in that country and attended several meetings of its Parole Board. I did this because under the regime that was then in force one of my responsibilities was to advise the Secretary of State for Scotland when it would be in the interests of justice for prisoners who were serving a mandatory or discretionary life sentence to be referred to the Parole Board with a view to them being released on licence. In each of these cases, I was presented with files, often very substantial, that recorded the prisoner’s progress through various stages in the prison system. I felt that I had to visit the prisons, each of which had its own characteristics, in order to understand what I was dealing with. I also wanted to meet and speak to some of the prisoners who were there, whose names were never released to me, and on one occasion joined them sitting at a table, in their case almost for the first time in many years, to eat lunch with them using a knife and fork.

I admired the way the Parole Board went about its work, equipped, of course, with very substantial files. It was borne in on me how much attention was paid to what was in those files, how crucial it was that the files should be accurate, fair and complete and how much effort had to be put in by those who were reading the files and relying on them in order to understand the picture that they presented. I join the noble and learned Lord the Minister in expressing appreciation of the work done by the Parole Board in these cases, particularly the IPP cases, where the burden on it is so heavy.

We did not have IPP prisoners in Scotland when I was there and never have had, so I can only guess at the scale of the problems that all those who have to administer that system must face. However, there was, in my time, a very well-organised and properly funded training for freedom programme, which all life-sentence prisoners who had reached the appropriate stage would undergo.

Care was taken to see that those prisoners understood the plan and how their sentence was to be progressed; that played its own part in the eventual success of the plan that they were working to. Of course, I am speaking of how things were in Scotland 30 years ago. The pressures on the prison system, both there and here, are very much greater now, while the IPP system is in a class of its own. However, it gives a hint of background to the way the mind of the noble Lord, Lord Blunkett, was going when he proposed these amendments.

One further word of background: I, along with others, look back to the powerful and sustained contributions made on this problem from these Benches over many years by the noble and learned Lords, Lord Lloyd of Berwick and Lord Brown of Eaton-under-Heywood. I think it was the noble and learned Lord, Lord Lloyd, who was very much involved in the measures that eventually led to the changes brought about by LASPO. He went right back to the very beginning. From the very start, when I first came into the House, he was making strong speeches in favour of the need to change the system. We can recall much more recently the contributions by the noble and learned Lord, Lord Brown. I felt I owed it to them to contribute tonight because they are no longer able to be with us.

Amendment 159 seeks to place the Government’s existing action plan on a statutory basis and strengthen its effect by giving it a purpose that is set out in the statute. That purpose will be to ensure the effective rehabilitation and progression of persons serving these sentences. The Minister was kind enough to present to us, in his reply on the previous group, the overall framework that has now been developed in order, as I understand it, to improve on the existing plan. I hope that he will forgive me for saying what I am going to say—it is really a criticism of the plan that I think he is departing from—but it may indicate the way that the mind of the noble Lord, Lord Blunkett, is going as to how the existing plan ought to be improved. It may also assist in the development of the plan that is currently being worked on.

Amendment 159 sets out the position in a good deal of detail but the structure of the amendment can be summarised briefly in just a few words. First, in subsection (3) of the proposed new clause, it sets out in five propositions what the revised action plan must seek to do. In subsection (4), it sets out what the plan must include if it is to deliver that purpose. It then goes on to provide how that purpose is to be delivered. The Lord Chancellor must allocate sufficient resources and appoint a board to oversee the delivery of the plan, then the board must provide the Lord Chancellor with a report at the end of each financial year, which will be laid before Parliament.

As the noble Lord, Lord Blunkett, sees it, the present plan, although an improvement on the previous one, suffers from a basic and fundamental weakness: it has no stated purpose. It does not state what the outcomes for those serving these sentences are to be. They have not been given a forward plan that would allow for some hope and enable the sentence to be progressed, nor is it said how the process is to be monitored or evaluated. Although the prisoner’s case is to be subject to review every six months, these basic weaknesses remain; that enhances the sense of hopelessness, as has been mentioned in the earlier stages of these debates.

According to the figures I have been given—I will deal with them briefly—the quarterly number of releases has remained static at between 50 and 59 over the past three years. Re-releases have been declining while the number of IPP recalls has been increasing. The lack of any real progress shows that something must be done, although I accept the point that has been made: the more the number of IPP prisoners remaining in custody decreases, the greater the problems that one must face to consider them suitable for release. I absolutely understand that and am sure that the noble Lord, Lord Blunkett, appreciates it very well.

Of course, there are no easy answers and regard must always be paid to the protection of the public from serious harm, but we owe it to these unfortunate people to do more. There is an urgent need to review their needs and to provide each individual with a forward plan as to how their sentence is to be progressed, and that plan should be updated regularly. A whole range of issues needs to be covered, as referred to in subsections (3)(b) and (4)(b) of the proposed new clause. That really is the key. Their physical and mental health needs to be attended to and they need to be provided with daily and weekly activities including exercise, work and education, designed to develop their suitability for release. Their skills for everyday living in the community need to be developed too—such simple things as eating with a knife and fork at a table. So much more could be done with a stated purpose and a structured plan. That is what this amendment seeks to achieve.

Amendment 160 provides for the setting up of an independent scrutiny panel. The function of the panel would be to ensure that Ministers and officials give priority attention to the IPP prisoners and scrutinise each prisoner’s progress through his or her IPP action plan.

Finally, I very much welcome and strongly support Amendment 161 from the noble Lord, Lord Moylan. It deals head on with the unfairness which is such a stain on the justice system. Although those serving life sentences have for the most part been convicted of a more serious crime, it is the IPP prisoners—often initially with a very short period to serve as a tariff—who have to prove their lack of risk to be released. In their case, the burden of proof was reversed, while life sentence prisoners can expect to be released when their tariff has been served, unless the Secretary of State can show that they still present a risk to the public. We have seen what this has led to. It is surely now time for it to be changed, as the noble Lord, Lord Moylan, has been urging. That was what the noble and learned Lord Brown of Eaton-under-Heywood argued for so vigorously whenever he could. He would certainly have done that again this evening, had he been here. I hope that the noble and learned Lord the Minister can see his way to accepting this amendment.

[Baroness Burt of Solihull (LD)]

My Lords, I support every single amendment in this group, particularly the “two strikes” part of the amendment from the noble Lord, Lord Blunkett, so ably introduced by the noble Baroness, Lady Chakrabarti. I am sure we have all had letters from individuals who are languishing in prison under the “two strikes” rule. For the sake of brevity, I will just talk about Amendments 165 and 166 in my name.

Amendment 165 comes from a concern at the lack of fulfilment of aftercare obligations for prisoners who have been transferred to a secure hospital and subsequently returned to prison. It amends Section 117 in Part 8 of the Mental Health Act. We are talking about approximately 400 people who will, arguably, need additional help to cope with their return to prison life and subsequent reintegration into the community. It will help clarify and highlight the existing Section 117 entitlement to aftercare for prisoners who have been transferred from secure hospital to prison and remain either in prison or out on licence in the community. These individuals can be defined as those who are entitled to Section 117 aftercare. Sometimes this does not happen and individuals either in prison or out in the community do not receive the aftercare they need or are entitled to. Clearly, this entitlement is and should be reflected in their release plan and will increase their chances of a successful transition into the community, reducing the risk of recall.

Victims and Prisoners Bill

Baroness Burt of Solihull Excerpts

Report stage
Tuesday 21st May 2024 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I am very pleased that the Government and the Labour Front Bench have improved this Bill, because it was quite a difficult one when it was first presented. However, it would be so amazing if they both accepted this last little tweak of Amendment 149A. Although it applies to very few people, this is an issue of justice and of unfairness that could be put right. I know it is very late, but that amendment is very worth while.

[Baroness Burt of Solihull (LD)]

My Lords, I will speak to Amendment 140, which is in my name, although I support all the amendments tabled by noble colleagues in the IPP group.

I thank all the groups involved in this that have supported us. I also thank the Minister himself for the huge efforts he has made on behalf of IPP prisoners, and the Government for the immense distance they have travelled so far in repairing the damage done by this sentence on the psyches and futures of the remaining rump of unfortunate individuals left serving IPP sentences. We all want to help them progress and leave this torturous situation, but we all know that it must be done in a safe way that will not endanger the public. Amendment 140 would go a huge distance towards achieving this for those the system has damaged the most: those stuck in prison three or more years after their tariff has expired, whether or not they have been released and recalled in the meantime.

Under the current law, any prisoner who is being transferred to hospital will be entitled to the same level of aftercare as any other individual who has been in hospital under qualifying sections. This is an estimated 600 prisoners out of the almost 3,000 still in the system. Section 117 of the Mental Health Act 1983, on aftercare, provides wraparound care, which can include forensic psychiatrists working with police, probation, victim liaison officers, and local health and social care practitioners, as appropriate, under MAPPA auspices in their local areas.

For prisoners who have been sectioned, the duty means that multiagency planning starts before release and that prisoners come to their parole hearings with a package of support and care ready for them. This will enable them to live safely on the outside. It is hugely successful and throws a light on a path that would lead to many more successful releases. Over 90% of IPP releases by the Parole Board of prisoners who have had Section 117s between November 2021 and August 2023 would have had aftercare plans before release. This is double the percentage of IPPs who did not have Section 117s.

If you speak to any practitioner involved in the parole process, they will tell you that the number one problem preventing the release of people stuck in prison on this sentence is the lack of a package of support in the community to give the Parole Board confidence that they can safely be managed. With an aftercare package provided by health and social care, in consultation with probation, much more care is taken to ensure that the basics—the scaffolding on which the individual can rebuild their lives—are covered. This scaffolding may include suitable accommodation and support as needed from an allocated psychiatrist, working with police, probation, victim liaison officers, local health and social care practitioners, et cetera. Arguably, all prisoners should be entitled to this, but sadly we know that the system often lets them down.

I will give two real-life examples. Their names have been changed for obvious reasons. I am calling them John and Peter. John was sentenced when he was 15 for a minimum term of under a year, and he spent 15 years in prison. Peter was sentenced at the age of just 13. He had a DPP with a minimum of 12 months, and he spent 17 years in prison.

John had a traumatic childhood, which included abuse and being put in care. His first 10 years in prison were chaotic. Over time, it became clear that he had developed a serious mental disorder in the form of a personality disorder. In one prison, the prison psychologist suggested that he should be assessed for a transfer to hospital. He consented and was duly transferred under the Mental Health Act 1983, so he was entitled to the support afforded by Section 117. He said that

“for the first time ever I was able to go to the Parole Board with a really good and supportive release package on the table”.

It has not been all plain sailing for John since his release. He was rearrested for a breach of conditions several months later, but he knows that the support is still there to help him face the Parole Board again and to succeed when he is released. The support package will last for as long as John needs it.

Contrast this with Peter’s story. Peter initially did very well in custody and was first released when he was just 17. He has had long periods of stability, but then things broke down and he has been recalled five times. He now lives in a constant state of anxiety that he will be recalled to prison. He says that living at an endless risk of recall is “like living on eggshells”, and that his sentence has

“given me bad anxiety and paranoia—even when I am the victim I am the one who gets arrested whenever I contact the police— I fear going out and getting recalled because something might happen”.

On his latest release, Peter went to a special mental health approved premises, but was discharged from prison without his medication. After 12 weeks in a hostel, his accommodation entitlement was up and he had nowhere to go. His last recall followed a significant deterioration in his mental health and a spell of time as a voluntary patient in a mental health ward from which he was discharged without suitable accommodation and support. He said he was glad to be back in prison because at least he “couldn’t be recalled”. Because he has never been sectioned under the Mental Health Act 1983, he is not entitled to the same wraparound care as John. But why should he not be?