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.

--- Later in debate ---

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.

G20 Summit

Baroness Lawlor Excerpts

Tuesday 12th September 2023 Lords Chamber

[Lord True (Con)]

On the noble Lord’s final point, which was discussed briefly in another Statement yesterday, the Prime Minister met Premier Li of China. I think it is the first time in four or five years that there has been a meeting with such a high-level member of the Chinese Government, and he was certainly told in no uncertain terms what the UK thinks in relation to human rights, Hong Kong and other matters.

I will not follow his comments on the nature of the Prime Minister. I think the Prime Minister values the relationships we seek to forge internationally across the world. If, by some good fortune, his personality is helpful in a particular relationship, that would be good fortune, but let us not underestimate that getting diplomatic deals is not a matter of sentiment. Of course, one applauds the diversity that one sees in all parties at the moment, but getting deals is a matter of hard negotiation. That is what counts at the end of the day —not sentiment.

I have not seen the reports that Morocco is turning down support, but I will look into the matter and refer the noble Lord’s comments to my colleagues in the Foreign Office. I believe the noble Lord asked another question, which has slipped my mind. I will look at Hansard, if I may, and follow up on it.

[Baroness Lawlor (Con)]

My Lords, I thank the Minister for letting us hear the Statement in full. I was very glad to hear him refer to the global involvement of the UK and our accession to the CPTPP. Could he let us know the timetable for submitting our written confirmation of that protocol from 17 July and whether any of the other parties have indicated their timetable for confirming?

[Lord True (Con)]

No, my Lords, I am not briefed to give specific timescales, but I will certainly let my noble friend and the House know if such information is made available. I apologise for that.

Higher Education (Freedom of Speech) Bill

Baroness Lawlor Excerpts

Consideration of Commons amendments
Tuesday 21st March 2023 Lords Chamber

[Lord Moylan (Con)]

My Lords, I am conscious that, as a Conservative Back-Bencher loyally supporting the Government in season and out, I am probably a Member of this House worthy of least consideration when it comes to discussing the contents of this Bill. Despite my having taken part at every stage in its progress so far, I think I am forgiven for being somewhat confused.

We started out with a proposal for a statutory tort, which I am going to call “hard tort”. I turned out to support it, not only out of loyalty but because I strongly believe in it. On Report, recognising that there were some concerns about it, I had the privilege to table an amendment that had previously been tabled in Committee by my noble friend Lord Sandhurst, which would have retained the tort but allowed a judge to stay proceedings and instruct mediation to take place. I thought that a good compromise that could have been accepted, and I am going to call that “middle tort”.

However, my noble friend the Minister pre-empted me to some extent by coming forward with a proposal which allowed the tort to be accessed only after every possible complaints procedure had been exhausted; we might call that “soft tort”. Your Lordships’ House voted for “sort tort”, and then went with the noble Lord, Lord Willetts, and voted to remove the clause all together in addition, which we can call “no tort”.

Today I have turned out loyally, because I am encouraged to do so, in order to vote for “hard tort”. Here I am, and with only half an hour to go I see that the noble Lord, Lord Willetts, has now moved to the “soft tort” position and I am expected to give my support to it. So this is not simply a question of “how do you manage your team?”—that is a minor consideration and purely a whipping matter—but of what it is we are actually saying to the world with these goings on.

The noble Lord, Lord Triesman, said that the important thing here is that the Bill sends a signal to universities. It does in my view send a signal to universities: that this Parliament and this Government are not as concerned about how universities conduct themselves to maintain freedom of speech, as a principle and as an activity, as the Government originally said they should be. That is clearly the signal it sends, and as I have said before in Committee, strong emphasis is being placed on the role of the regulator because regulators are subject, wherever they appear, to capture by those being regulated. That is very much why those who support this, and the university leaders, are very comfortable with it.

Like the noble Baroness, Lady Fox of Buckley, I note that in the various choices between “hard tort”, “mid tort”, “soft tort” and “no tort”, at the end of this debate we will still have no idea. My noble friend has said that when it returns to the Commons, as it must, there will be scope for further compromise. Who knows what is going to come back—“hard”, “mid”, “soft”, nothing? Anything could come back to us from the Commons because clearly, the Government do not know what they want to do about this.

I strongly suggest to noble Lords that not only have we misconducted ourselves, as far as the management of this is concerned, but we are sending a very poor signal. It is most regrettable that we will agree to the amendment in the name of my noble friend Lord Willetts today. Like the noble Baroness, Lady Fox of Buckley, I very much hope that, when the Bill comes back from the Commons, someone will have found their backbone and the tort will have been restored.

[Baroness Lawlor (Con)]

My Lords, I apologise that I did not speak in the earlier debates on this matter because, as I recall, I had not made my maiden speech. I simply add my voice to those who regret my noble friend Lord Willetts’s Motion A1, which I do not support because, as other noble Lords pointed out, it waters down the small protection that existed with the original Clause 4 for academics in many institutions.

An institution has great power: it has powers of office, of man and woman power, of employment and of funds. The original Clause 4 gave a simple and cheaper way for an individual academic who was suffering because his or her freedom of speech was under threat. I assure noble Lords that it is under threat in many universities, and especially the one I know best: my own university, Cambridge. Hardly a day goes by without threat after threat reaching the newspapers of academic freedom being impinged on. I draw noble Lords’ attention to Arif Ahmed’s publications and submissions to an earlier Committee on the Higher Education (Freedom of Speech) Bill. The problem has not stopped.

For those reasons, I am worried about Motion A1 going through. It will make life much more expensive for individual academics, who often plough a lonely furrow against top-heavy and powerful institutions. I would like to restore the original Clause 4, which gives a straightforward and cheaper alternative to someone taking action against an institution. I do not believe that there will be vexatious causes that involve universities or institutions in long and litigious claims that cost money and time, because existing law covers these matters in many respects. Cheaper claims can be dealt with under protocols before action or by agreement.

So Clause 4 is necessary not only for free speech but for free thought. It is not just about student union bodies, although they should observe this; it is about how academics pursue their subjects and whether their reading lists and courses are in line with official thinking—universities have a powerful officialdom. For those reasons, I remind my noble friend Lord Willetts of his having to be smuggled into the University of Cambridge not many years ago. I do not believe that my noble friend’s amendment would prevent that happening again. I thank noble Lords for their attention.

[Lord Wallace of Saltaire (LD)]

My Lords, we have demonstrated that there remains a range of opinion about the nature and size of the problem, and the appropriate response to it. Therefore, a compromise amendment is perhaps the best point for us to end up at. Some of us feel that this is an unnecessary intervention into the autonomous institutions that are our universities, and conservatives are supposed to believe in the autonomy of institutions and in not promoting undue state interference. I remind those on the Conservative Benches that, if you are in favour of a smaller state and deregulation, particularly of banks and companies, you should be careful about how much you are in favour of detailed or excessive regulation of autonomous bodies like universities.

After all, our universities are very highly rated in global terms; they are an asset to this country. Boris Johnson, when he was Prime Minister, used to talk about them as one of the major planks of our soft power in the world. We need to be very careful that we do not damage them.

Listening to the noble Baroness, Lady Lawlor, I was thinking of my time as an undergraduate at the University of Cambridge, and the behaviour then was, in some ways, not entirely different from the way it is now. I recall the occasion when my wife and a number of other Oxford students prevented an ambassador from speaking at an Oxford student occasion, and of my first year as a university teacher at the University of Manchester, when a number of students blocked the Secretary of State for Education from speaking at a university event. These things are not entirely new.

As the Minister suggested, we have of course seen a number of cultural changes. While the cultural changes mean that universities have become more sensitive to student opinion because student funding has changed, another change is that social media has widened the debate about what is acceptable. It has imposed, from different directions, the new cancel culture among the young, which we did not have in my generation and in most of the time that Members of this House were at university. We all have to face that problem—it is not solely a university problem—and we have to answer it at the levels of political leadership and of society. I very much hope that, when the Bill returns to the Commons, the decision on this will not be reversed.

When we talk about culture, I am concerned about those who talk about a culture war. I have read two op-eds in the Sunday Telegraph in the last month which have suggested that the pursuit of a culture war is the way for the Conservatives to win the next election, and that they should imitate the example of Governor DeSantis of Florida, who is pursuing, so the articles argued, a successful culture war against wokeism, cultural Marxism and the universities of his state. I know that there are some on the right wing of the Conservative Party who would like us to go down that route, but it would be a very dangerous route. We do not want this country to become as divided a society as the United States has become, in which a governor educated at Yale and Harvard now says that he was exposed to communist ideas as an undergraduate at Yale—I suspect that that is a slight exaggeration—and who thinks that the way to ensure his path to a presidential nomination is by dividing the country between the educated and those who do not have higher education. We do not need that in this country, and it would be extremely dangerous for ring-wing Conservatives to try to take that direction.

On a different level, I find the argument that we should pass Bills so that we send a signal a rather worrisome idea; I think that we should pass Bills so that they actually do something, that they enforce something and that they change the way in which we behave. Sending signals is something which political speeches should do—not Acts of Parliament.

I ask the Minister about the time of the implementation of the future Act, now that the Bill has been delayed somewhat; it will clearly be delayed again by going back to the Commons. I hope that he can confirm that there will be no attempt to implement the Act in full by the beginning of this coming university year, because it will take universities some time to consider it. He may not be able to give me an answer at the moment, but that is an important fact that we now need to have addressed.

I hope that the Minister also takes note of some of the criticisms which the Committee on Standards in Public Life and others have made about the appropriateness of appointing committees. We heard the noble Lord, Lord Moylan, discuss regulatory capture, but we have also heard those who oversee public appointments committees talking about the inappropriateness of people who know very little about the subject for which a person is being appointed deciding on the nature of the appointment. There is a balance—which I hope the noble Lord, Lord Moylan, will accept—between regulatory capture and political appointments being made for political reasons, which is important when one is considering such a major asset to this country as our universities.

I welcome the Government’s acceptance of this amendment. I very much hope that the Common Sense Group and others on the right wing of the Conservative Party will not attempt to take it back when it comes to the Commons and that the Government will re-establish a relationship with our universities, both staff and students. The relationship between free speech for students and free speech for staff has, on occasions, been muddled in all our debates on this Bill. I hope, therefore, that this Bill as now amended will become law.