Prisoners (Disclosure of Information About Victims) Bill

Baroness McIntosh of Hudnall Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Wednesday 20th May 2020 Lords Chamber

I again thank noble Lords and noble and learned Lords for their contribution to this debate. It appears to me that we ultimately have a common objective so far as this Bill is concerned but, at this stage, I invite the noble Baroness to withdraw her amendment.

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

My Lords, the noble Lord, Lord Thomas of Gresford, and the noble and learned Lord, Lord Hope of Craighead, have indicated that they wish to speak after the Minister. I call the noble Lord, Lord Thomas of Gresford.

[Lord Thomas of Gresford]

My Lords, I am very grateful to the Minister for his reply, but I think it is necessary to distinguish where there has been a plea of guilty and where there has been a plea of not guilty in a trial. Very often, when a person pleads guilty, he will, with the assistance of his legal team, put together a basis of plea, which is handed to the prosecution for consideration. If it accepts the basis of plea, there is no problem but, if there is an issue, a Newton hearing will be held to determine whether the prosecution which refuses to accept the basis of plea is correct or whether the defendant who is pleading guilty is correct. The judge will sentence accordingly.

That is one situation. Another is after a trial, when there has been a finding of guilt. Let us take a circumstance where a group of people have attacked an individual and one of the group says, “I didn’t take part”—indeed, I remember a case where precisely that happened; the defence was, “I was trying to discourage them so they’d go away”—but, at the end of the trial, the defendant is found guilty. At that point, the judge says, “I will sentence you on the basis that you are withholding information as to where the body was buried.” The defendant could then say, “I’ve been found guilty, but the others took the body away and I want to be heard on that, because I don’t know where they went and where the body was ultimately buried. You cannot sentence me on the basis of the facts the jury has found—that I was a party to a killing—when I don’t know where the body went.” That situation does not involve mental incapacity at all and such a situation should be investigated at the time and not 15 or 20 years later by the Parole Board doing its best, unassisted by medical evidence because it would not arise. It seems to me that issues of that nature should be determined prior to sentencing for the actual offence, whether there is a plea of guilty or a finding of guilt. That should involve a hearing of the sort that I have proposed.

Obviously, my amendment does not require the Parole Board to order a hearing. As the Minister anticipated, my purpose is to encourage the holding of Newton hearings where necessary. I do not believe that they are quite as rare or unusual as he suggests. In this particular instance, with proper directions being given generally to judges to hold Newton hearings where appropriate, they would be useful and helpful to the board’s ultimate determination. They would be of great significance concerning culpability.

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[Baroness Scott of Bybrook (Con)]

My Lords, due to the necessity of a few short adjournments earlier this afternoon, I suggest that we continue without any further adjournments this evening.

[The Deputy Chairman of Committees]

My Lords, we now move on to the group consisting of Amendment 19. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. It would be helpful if anyone intending to say “Not content” if the question is put could make that clear in the debate. It takes unanimity to amend the Bill in this Committee. The Committee cannot divide.

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[The Deputy Chairman of Committees]

Lord Naseby. No? I am not getting a response from the noble Lord, Lord Naseby. If I do not hear any more, I shall move on to the noble Lord, Lord German.

[Lord German (LD)]

My Lords, this amendment, tabled by my noble friend Lady Barker, puts victims right at the centre of the parole functions. The amendment has two major functions: to ensure that victims are contacted, and to provide victims with information about the Parole Board’s hearing of the case of the prisoner’s parole. Much more needs to be done to support victims. The issue of strengthening the victims contact scheme as a whole is important and, while associated with the Bill, is beyond the scope of it. I look forward to the Minister telling us when his root-and-branch review of the Parole Board will take place. “In the fullness of time” was the response we got at Second Reading, and I think we ought to know when full time will be up.

However, there are matters in the Bill that relate to the Parole Board’s functions and to the work it has to do for victims. There are considerations that affect the way the board should engage with victims. First, cannot the system be modernised so that victims’ views can be taken by video link, rather than having to travel in person to the prison where the perpetrator is located? This process can in itself add to the anguish felt by victims who have struggled to come to terms with the grief they have suffered. Sentencing and conviction is just the start of justice for victims. The parole process can easily add to a victim’s pain, and it is essential that everything be done to minimise the trauma this can cause, amplified by the heinous crimes committed, which are the subject of the Bill.

The amendment requires that victims should be contacted as of right. Too often we have heard cases where victims have just not known what is going to happen, and suddenly they find that the perpetrator is released into the community, they have no idea what the conditions were, and they have simply to face up to the fright and misery of that happening. It has to be at their choice that they actually receive the information about the Parole Board’s operations; they have to be given the option to do that. That means we must have an opting out of receiving information: in other words, it is the duty of the Parole Board to give information to victims—to do everything it possibly can to give them that information—and it is the victims’ choice whether they receive that information. Of course, that means that, over time, we would expect some people to say, right at the beginning, “I do not want to hear any more; I do not want to have any more information”. But at this particular point, at the point of possible release into the community, there has to be that option, and contact has to be made as of right.

We know of too many examples of victims finding out the result of the parole process only from media reports, as the noble Baroness just said, from social media or, worst of all—can you imagine?—from reporters calling victims to ask for their comments on the release of the perpetrator. Thus far the service has adopted much more of an opting-in approach to receiving information than an opting-out approach, which I think is crucial in making sure that victims have their rights upheld. For example, I am sure Members will recall the case of Worboys being debated in your Lordships’ House last year, when this matter came to a very important head. Within the narrow scope of the Bill, which leads to only a relatively small number of cases being considered, I do not think this obligation on the Parole Board will place a large administrative burden on its workings. But these Parole Board cases are of great significance to victims, and victims have a right to know what is happening and to have their say should they desire to. They need a consistent infrastructure for exercising these rights. This amendment enables victims to opt out of knowing about and participating in the parole process, but the default position is that they will always be given that opportunity.

With modern technology, keeping in contact with victims is so much easier. Tracing victims if they change their address, telephone number or email will be much simpler and quicker. Governments have databases which can make it much easier to locate people whose contact details have been mislaid. There should be an obligation, therefore, on the Parole Board to maintain the contact details of victims, so that when this time comes, as in the Bill it will do, it is obliged to make sure that the victims understand and know their rights, and that they have a right not to hear anything and to opt out of the information if they so desire. That is what this important amendment would do: give rights to victims that are recorded as being consistent, and which are so important to people who are suffering such misery.

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[Lord Keen of Elie]

My Lords, I thank noble Lords for their contributions to the debate on the amendment, and I thank the noble Baroness, Lady Barker, for her submissions on it. In the context of the Bill, we are dealing with particularly disturbing forms of crime and particularly disturbing consequences. However, we must have regard to all victims of crime, not just of these crimes, in determining the appropriate step to take in order properly to take account of their views, interests and concerns.

Processes are already in place, by virtue of the Parole Board rules, the victims’ code and the Domestic Violence, Crime and Victims Act 2004, that address the issues referred to in the amendment. Both the National Probation Service and the Parole Board communicate information to victims, and where a family member is affected by an offender’s action, they too, of course, will be victims and will be contacted. Where a victim wishes to receive information, this will be provided by their victim liaison officer. Victims can receive information regarding the date of a parole hearing and the outcome of a review. Indeed, they may request a summary of a Parole Board decision and can also provide a victim personal statement to the Parole Board to explain the impact of the crime upon them. They have the right to request that certain tailored licence conditions be applied.

Victims are also informed of the avenues for making a request for reconsideration of a decision. Such reconsideration will be carried out by the Secretary of State. Following a request for reconsideration, they will receive reasons why their request was or was not successful. Thereafter, a victim liaison officer will provide information regarding judicial review, if that is requested.

In recent times—I note the reference to the Worboys case—the National Probation Service has improved the way in which it communicates with victims, such as using email or telephone as opposed to letters, while being mindful of the victim’s preferred method of contact. We have also tightened processes to ensure that victims are informed of developments, such as being notified of the date of oral hearings, in a timely manner. We have expanded the criteria for victims who are eligible for contact under the National Probation Service Victim Contact Scheme. We are trialling a new process whereby all eligible victims are referred directly to probation to reduce the risk that they are not offered use of the victim contact scheme directly. Therefore, we have taken steps to improve the system. However, the Parole Board is an independent body and it requires a degree of flexibility in how it operates. To impose these statutory obligations on the Parole Board, and the Parole Board alone, would, I suggest, be going too far.

I hear what is said about the idea of an opt-out rather than an opt-in scheme for victims and what is said about the need to improve the involvement of victims, particularly those in the present category. I will be happy to discuss that at a meeting, as suggested by the noble Baroness, Lady Kennedy, before the next stage of the Bill. However, I also note that there is a proposal for a review of the Parole Board. I cannot give a precise date for that review but, again, I will be happy to take that up in discussions with the noble Baroness, Lady Kennedy. At this stage, however, I invite the noble Baroness, Lady Barker, to withdraw the amendment.

[The Deputy Chairman of Committees]

My Lords, no noble Lords have indicated a wish to speak after the Minister, so I now call the noble Baroness, Lady Barker.

[Baroness Barker]

I thank all noble Lords who have taken part in the debate on this amendment. It would have been easy to dismiss this as a minor procedural matter, but I have long held the view that when people have frustrations about the criminal justice system or indeed the workings of the Home Office, as many of those arise from the way in which the system works and the procedures that are adopted as from the decisions of substance that are made. Our criminal justice system can be extremely difficult to work with at a basic administrative level.

I particularly welcomed the support of the noble Baroness, Lady Kennedy of Cradley, for our proposal that there should be an opt-out rather than an opt-in scheme. It is high time that we moved to that, and I do not think that it would necessarily put any undue obligations or administrative burdens on the probation service or the Parole Board. My noble friend Lord German spoke about the increased use of technology, which will be life in the new world for everybody. I think that it can be done in ways that minimise trauma to victims, maximise inclusion and make life administratively easier for those who are responsible for implementing it.

I am glad that the noble Lord, Lord Ponsonby, recognised that there is cross-party support. I, too, think that it is a matter that could be looked at in the near future. I do not think that it has to wait for the full, wider review of the Parole Board. I very much welcome the Minister’s offer of a meeting. I hope that he might consider including in that some of the victims’ representatives, for whom this is not theoretical but a crucially important matter in their lives. We all wish to see this Bill make the statute book. Therefore, at this point, as the Minister predicted, I beg leave to withdraw the amendment.

Clause 3 agreed.

[The Deputy Chairman of Committees]

My Lords, I am getting a little background disturbance. I am not sure whether it is intended to get my attention, but I shall proceed on the basis that it is not. That concludes the Virtual Committee’s proceedings on the Bill. The Virtual Proceeding will now adjourn until a convenient point after 6.30 pm.