Victims and Prisoners Bill

Baroness Lawlor Excerpts

Committee stage
Monday 25th March 2024 Lords Chamber

Moved by

[Baroness Lawlor]

171A: After Clause 54, insert the following new Clause—
“Parole Board proceedings: enabling public scrutiny(1) The Secretary of State has a statutory duty to improve the openness and transparency of the work of the Parole Board and to facilitate a greater public understanding of its statutory framework, procedures and proceedings.(2) The Secretary of State must exercise their powers under section 239(5) of the Criminal Justice Act 2003, to require that Parole Board hearings should normally be open to the public unless there are exceptional circumstances for not doing so, as outlined in subsection (5).(3) The Secretary of State has the power to formally direct the Chair of the Parole Board to make arrangements for all Parole Board hearings to be heard in public, as set out in Parole Board (Amendment) Rules 2022 (SI 2022/717).(4) The Chair of the Parole Board may exercise their right to decline this request and direction from the Secretary of State and must outline their reasons for so doing in writing to the Secretary of State, within 28 days of a written direction being lodged with the Parole Board.(5) Such reasons in respect of subsection (4) must be evidence-based and include—(a) where the Chair of the Parole Board believes that such a request and direction would, on the balance of probability and based on evidential information, indicate that the integrity of evidence presented to the Parole Board may be compromised and prevent a true and accurate assessment of the prisoner’s risk being provided by witnesses;(b) that the presence of strong and valid objections from participants, including victims, their families or legal representatives, could jeopardise the cooperation of witnesses, should the hearing be in public; or(c) that to hold a meeting in public might create an unacceptable risk of mental or physical harm to any of the participants.(6) The Secretary of State must formally consider any representations from the Chair of the Parole Board in a timely manner and if they choose to disregard the advice of the Chair of the Parole Board, they must outline their reasons within 28 days of receipt of such advice, taking into account all available evidence, including that provided by law enforcement, victims, their families or legal and other representatives.(7) The Secretary of State must, in exercising their powers, balance the need for openness, transparency and maintaining public faith in the efficacy of the criminal justice system with a commitment to the operational independence of the Parole Board and its members’ deliberations, and with an obligation to reduce recidivism and support rehabilitation and the prisoner’s ability to resettle in the community upon release from a custodial sentence.(8) This section applies only to offences as relevant to public protection decisions and outlined in Schedule 18B Parts 1 and 2 of the Criminal Justice Act 2003.(9) The Secretary of State must, within six months of the passing of this Act, and annually thereafter, publish an assessment of the efficacy of the policy of open Parole Board hearings and its impact upon openness, accountability, transparency and public support and whether it meets the interests of the justice test.”Member's explanatory statement
This amendment seeks to consolidate the statutory instrument laid before Parliament on 30 June 2022 (SI 2022/717) to improve openness, accountability and transparency and public trust in the Parole Board by giving the Secretary of State powers to direct the Board to work to a presumption that such meetings should be routinely open to the public, with exceptions; whilst also safeguarding the Board’s independence and the requirement to ensure rehabilitation and resettlement of those prisoners likely to be released from a custodial sentence.

[Baroness Lawlor (Con)]

My Lords, I support and move this amendment for my noble friend Lord Jackson of Peterborough, who is absent attending the Inter-Parliamentary Union’s 148th assembly in Geneva. He had hoped to move his amendment on 12 March, but Committee proceedings were concluded before he was able to do so.

Amendment 171A seeks to establish the presumption that Parole Board hearings would be open to the public—with exceptions, of course. It seeks, more generally, to improve public faith and trust in the criminal justice system. This is both a probing and permissive amendment, and a natural progression to and consolidation of the reforms undertaken by Ministers over the last six years arising from the public disquiet over the proposed release of serial rapist John Worboys in 2018. That resulted in a review of the parole system and a public consultation published in 2022, and a finding in the High Court in March 2018 that the Parole Board’s Rule 25—a blanket ban on transparency and details of the board’s deliberations—was unlawful.

The Government have moved to address the very serious failings identified by the Worboys case, by allowing summaries of Parole Board decisions to be provided to victims and other interested parties, and to provide for a reconsideration mechanism, introduced in 2019, which allows a prisoner and/or the Secretary of State for Justice to seek reconsideration of a number of decisions taken by the board within 21 days. Victims may now also seek a judicial review on the grounds that decisions are procedurally unfair or irrational.

Significantly, the Parole Board’s 2019 Rule 15 was amended by secondary legislation in 2022 to enable public hearings to be facilitated on request to the chair of the Parole Board, in the “interests of justice”. This test is already used by the Mental Health Tribunal. This amendment is cautious, circumspect, and with caveats in its proposed new subsections (5) and (7). It presumes no absolute right to open the Parole Board hearings to the most serious cases, but presents a balance between the interests of the victim, prisoners and the wider criminal justice system, and imposes a statutory duty on Ministers to take note of the importance of rehabilitation, reducing recidivism, fairness and due process.

Finally, I hope that my noble friend the Minister will articulate the Government’s current thinking on, and rationale for, limited reform envisaged in this matter. I urge that they allow for public hearings to become the default position, and I look forward to his reply.

[Lord German (LD)]

My Lords, at the request of my noble friend Lord Marks, I will speak to his amendment in this group, which is Amendment 171B about the hearing timeframes for the Parole Board to have some flexibility in this matter. I apologise; I would have said, in relation to the two stand part notices, that there were a number of questions that I asked of the noble Earl. I know it has been only a short period of time—I am sure they are on their way—but I just wanted to remind him. I am sure that his smile tells me that there are going to be satisfactory replies shortly.

I come back to Amendment 171B. The current rules are that the release of prisoners serving a life sentence is determined by the Parole Board on or after they have served their minimum tariff. The first parole review to consider a prisoner for release will usually begin six months prior to their tariff expiry and, if a prisoner is not released at their on-tariff review, they will have a further post-tariff review at least every two years. The Parole Board process is lengthy and can take upwards of six months for the whole process to be dealt with. Their victims are asked whether they wish to submit a personal statement; although the Parole Board does not have direct contact with victims, the victim liaison officer will contact them about submitting a personal statement. We know that there has recently been an opportunity for victims to appear and observe some Parole Board hearings as part of the latest pilot.

For victims and family members, going through the Parole Board process can be a highly traumatic experience, forcing them to relive the original offence and the impact it has on them. While victims and families welcome having a voice in the process through being able to submit an impact statement, many feel trapped and unable to move on when their offender is repeatedly coming up for parole, even when it is clear that the circumstances have not changed.

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I hope that those comments are of help. For the reasons that I have outlined, I hope that my noble friend, on reflection, will not feel compelled to press the amendment.

[Baroness Lawlor (Con)]

I thank my noble friend the Minister for his very thoughtful reply. I should like to reflect, on behalf of my noble friend Lord Jackson, on the very important points that he makes about the sensitivity and the costs, as well as the practicality and the question of time, along with the fact that the Government are working towards greater openness of the Parole Board proceedings. On behalf of my noble friend Lord Jackson, I shall withdraw the amendment, and give further reflection to what my noble friend says.

Amendment 171A withdrawn.