Legal Aid, Sentencing and Punishment of Offenders Bill

Baroness Prashar Excerpts

Thursday 9th February 2012 Lords Chamber

[Lord Ramsbotham]

My Lords, I support my noble and learned friend Lord Lloyd on this excellently moved amendment and pick up on a point made by the noble Lord, Lord Pannick. He mentioned the impact on prison order. I will, as it were, personalise this. As Chief Inspector of Prisons I was always interested in how prisoners serving natural life sentences were managed. Without the word “hope”, which has appeared in the contributions of many noble Lords, those prisoners had nothing to look forward to. More importantly, the staff had—in theory—nothing to offer the prisoner.

Noble Lords may remember the name of Dennis Nilsen, who was awarded a natural life sentence for a series of perfectly dreadful crimes. Noble Lords may not know that one aspect of education denied to blind children is access to science textbooks because graphs cannot be read in Braille. One of the education officers in the prison, looking at Dennis Nilsen and his characteristics, reckoned that something there could be harnessed. Nilsen was taught to write in Braille. Then, over four years, he described graphs in a science textbook in a way that would be understood, and translated his descriptions into Braille. After four years, blind children had access to a science textbook, thanks to the activities of someone who, in theory, had been rejected by society. I talked with Nilsen and will not describe that. But I will never forget talking to the education officer who had had the wit to realise that there was something in Nilsen that could be harnessed to the public good. She used the word “hope”, which was present at the time, and said how essential it was that she had hope that something could be achieved. I was enormously disturbed when that hope was removed by the 2003 Act. I very much hope that the Minister will be able to respond to this amendment.

[Baroness Prashar]

My Lords, I support the amendment. As the former chairman of the Parole Board, I agree with most of the comments that have been made so far in the debate. The discretion should be with the Parole Board and there should be an automatic review after 30 years. The concepts of hope and incentive are very important. In my experience, the fact that cases would go before the Parole Board was an incentive for prisoners. That is an important aspect. The Parole Board is also very good at risk assessment. It should be given that discretion with all the reports. I agree that it should then be the duty of the Home Secretary to accept the recommendation made by the Parole Board. I would very much like the Government to support the amendment.

[Baroness Howe of Idlicote]

My Lords, I briefly add my support to the amendment of the noble and learned Lord, Lord Lloyd. As has been rightly said, he stands up for instances where justice and fairness clearly need to be not just seen but interpreted correctly. I will also comment on what my noble friend Lord Ramsbotham said about this business of hope in what you try to achieve and for the individual who is there for life—for 30 years, anyhow—and about incentivising activities that could be of interest and help to any future he might have.

As the noble Lord, Lord Borrie, said, I was a very early member of the Parole Board, and I think that the independence of the Parole Board in looking at these matters is absolutely crucial. I am a little doubtful about how important the Secretary of State’s role may be, not least if—as it will be—it were years after the offence was tried and committed and the decisions made. However, whether or not his role is important and appropriate, it will be most important that the Parole Board has independence and stands back.