Victims and Prisoners Bill

Baroness Prashar Excerpts

Tuesday 12th March 2024 Lords Chamber

[Lord Pannick (CB)]

My Lords, I agree with all three of the amendments in this group, and I do so for the reasons that have been powerfully explained by the other speakers. It seems that the issue here is very simple indeed. These clauses are designed to reduce the independence and authority of the Parole Board. New sub-paragraph (2C), in Clause 54(5), refers to the necessity of maintaining public confidence in the Parole Board. In my view, public confidence in the criminal justice system depends vitally on the independence and the authority of the Parole Board. I much regret that the Government should apparently think otherwise.

[Baroness Prashar (CB)]

My Lords, I too support the amendments in this group, in particular the points made by the noble and learned Lord, Lord Thomas. As a former chairman of the Parole Board, albeit some years ago, I will underline a couple of practical issues, because I think this is a point of principle about its independence. The job of the chairman of the Parole Board is a very sensitive one, and they need protection, not a kind of sword hanging over their head that they can be dismissed. That is one point.

The second point is that it will be disastrous and have a very detrimental impact on the work of the Parole Board if its chair is not allowed to be involved in cases. As the noble and learned Lord, Lord Thomas, said, involvement means you begin to understand how it is done because the core work of the Parole Board is risk assessment. I know how engaged I was in dealing with the cases, talking to prisoners and getting involved. To me, that was very important when it came to risk assessment. The practical impact of these provisions will be negative, apart from looking at the independence of the Parole Board.

--- Later in debate ---

[Earl Howe (Con)]

No, not at all, but we think that certain Parole Boards can be strengthened usefully by having additional members with the experience that I have described. I have not implied or, I hope, made any criticisms of Parole Boards that have sat in the past or their decisions.

[Baroness Prashar (CB)]

My Lords, I think that the explanation means that there is no confidence in the judgment of the chairman of the Parole Board to constitute the panels that they think are needed. Why is there a need for direction from the Secretary of State? That is what I fail to understand.

Victims and Prisoners Bill

Baroness Prashar Excerpts

2nd reading
Monday 18th December 2023 Lords Chamber

[Baroness Prashar (CB)]

My Lords, I declare my interest as a former executive chairman of the Parole Board of England and Wales. Although that was some 25 years ago, I have continued to take a keen interest in this work.

I too have received several excellent briefings from organisations concerned about victims of crime and abuse. I share their concerns with regard to victims and agree with the points that a number of noble Lords have made about the weaknesses and gaps in this Bill. I agree that it falls short of its original aim of strengthening and securing the rights of victims. Contrary to the Minister’s comment in his introduction, the changes proposed with regard to parole and prisoners, as Claire Waxman, the London Victims’ Commissioner has said, will have a negative impact on victims by causing delays. This will be a lost opportunity if we do not take the time to improve the Bill in this House.

However, I will confine my comments to the provisions in Part 4 concerning prisoners and parole. Despite the amendments in the other place giving powers to the Secretary of State to refer certain prisoners’ release decisions where sensitive material may be relevant for reconsideration to a higher court, these provisions undermine the independence of the Parole Board. They are also unworkable, unclear and unnecessary. They will add unnecessary complexity and delay to an already burdened system, not least the Upper Tribunal’s capacity and expertise.

It is not clear what problems these provisions attempt to solve. The Parole Board’s record speaks for itself. There is very little evidence that its decision-making falls short when it comes to public safety. The Bill’s Explanatory Notes state:

“Less than 0.5% of prisoners released by the Parole Board are convicted of a serious further offence within three years of the release decision having been made”.


Perhaps the Minister can tell the House what is broken which this Bill is trying to mend.

It is also inappropriate to introduce a public confidence test as a filter for deciding which cases should be referred to a higher court. As we know, a similar criterion was introduced by the previous Secretary of State in seeking to reduce the number of indeterminate prisoners being moved from closed to open conditions. This was reversed by the current Secretary of State as it was deemed highly subjective and difficult to apply. It was also criticised by the High Court, which stated that this policy criterion adds nothing.

It is dangerous if we use public opinion as the basis for ministerial interference in an independent process. Clauses 53 and 54, which give the Secretary of State the authority to remove the chair of the Parole Board in the interest of public confidence and enable executive interference in the composition of particular board members, are quite alarming. Given the sensitive nature of the role of the chairman of the Parole Board, he or she requires more protection, not less. Such interference will, in effect, undermine the Parole Board’s independence. In a recent judgment, the High Court said that it is

“well established that, when exercising powers in relation to the Board, the Secretary of State must not do anything that undermines or would be perceived as undermining the independence of the Board or that encroaches upon or interferes with the exercise by the Board of its judicial responsibilities”.

As we know, this also risks being incompatible with Article 5 of the European Convention on Human Rights. Perhaps the Minister can tell the House why this is necessary when there is already an established process for removing the Parole Board chair from office.

This new power to specifically remove the chairman on the grounds of public confidence can be interpreted only as responding to media outcry or political pressure following an unpopular parole decision. This will damage the Parole Board and undermine its ability to undertake effective risk assessments.

Clause 54 also prohibits the chairman from being involved in individual parole cases and from trying to influence the outcome of the Parole Board’s decision in such cases. The question of whether the chairman is involved in individual cases should be a matter for the board and not a statutory prescription. It is another unnecessary interference. Furthermore, mandating the Secretary of State to make rules to require a certain type of person to sit on panels is wholly inappropriate in terms of Article 5 of the European Convention on Human Rights and basic principles of fairness.

It would breach principles of justice and common-law standards for one party to proceedings to have power over the composition of the judicial panel to which they are presenting their case. These measures do not make any logical sense and should be dropped.

Then, as others have said, there are the proposals to disapply fundamental human rights to prisoners. This would set a very dangerous precedent. These specific disapplications of human rights for people given custodial sentences would undermine one of the fundamental principles underlying human rights: universality and application to each and every person on the simple basis of their being human.

Because those in prison are under state control, their human rights are all the more important. They need protection, not erosion, of their fundamental rights. These gradual encroachments into dismantling our human rights framework—as we also saw during the passage of the Illegal Migration Bill—are worrying, dangerous and totally unacceptable. It is a slippery slope. On the one hand, the Bill includes a statement of compatibility with the Human Rights Act; on the other hand, it contains provisions to disapply a critical aspect of the Act. Can the Minister please explain?

Apart from arguments on grounds of principle against these provisions, there is no practical need for these clauses to disapply the Human Rights Act either. The Government’s argument that these measures protect against judges misusing the powers given to them by the HRA rings hollow when the Government’s own Independent Human Rights Act Review, chaired by Lord Justice Sir Peter Gross, found no evidence of this being a problem. This is a very flimsy justification for these measures.

We all care about public safety and public protection, but we also care about the values and principles that should underlie public policy. These measures will weaken, not strengthen, the work of the Parole Board and, of course, erode the well-founded principles that underpin our public policy.

Lammy Review

Baroness Prashar Excerpts

Monday 28th November 2022 Lords Chamber

[Lord Bellamy (Con)]

That is a matter for the Judicial Appointments Commission. I cannot challenge the facts that the noble Baroness presents. This is certainly an area on which continued work is necessary.

[Baroness Prashar (CB)]

My Lords, one of the Lammy report’s recommendations was the development of performance indicators for the Prison Service. Have these been developed? If so, can they be made public so that we can see whether progress has been made against those indicators?

[Lord Bellamy (Con)]

Performance indicators in the Prison Service are one of the recommendations that it has not been possible to take forward yet. It is quite difficult to do as it is difficult to devise these indicators. What I can say about the Prison Service is that we are making a strenuous effort to recruit more ethnic minority staff, who, in due course, will work their way up through the system and become more senior. On the latest figures, we are up to about 16%, which is a significant improvement on where we were.

Parole Board (Amendment) Rules 2022

Baroness Prashar Excerpts

Tuesday 18th October 2022 Lords Chamber

Moved by

[Baroness Prashar]

That this House regrets that the Parole Board (Amendment) Rules 2022 introduce a “single view” procedure which (1) will prevent forensic psychologists, prison and probation officers, and other specialists working for or commissioned by His Majesty’s Prison and Probation Service from making recommendations to the Parole Board on the release or transfer of prisoners to open conditions, (2) has potentially profound implications for the sentence progression of individuals subject to Parole Board oversight, and (3) has been made by the made negative procedure, with no external consultation or parliamentary debate.

Relevant document: 10th Report from the Secondary Legislation Scrutiny Committee

[Baroness Prashar (CB)]

My Lords, I declare my interest as a former executive chairman of the Parole Board of England and Wales from 1997 to 2000. This regret Motion relates to a specific part of the statutory instrument which amends Part B of Schedule 1 to the Parole Board Rules 2019 to allow the Secretary of State to give a single view on suitability for release or transfer in certain cases. The introduction of the “single view” procedure forms part of a wider series of changes to the parole system introduced by the former Justice Secretary and Lord Chancellor, Dominic Raab.

The first ground for regret is that the specific change implemented by the statutory instrument—preventing forensic psychologists, prison and probation officers and other specialists working for or commissioned by His Majesty’s Prison and Probation Service making recommendations to the Parole Board—was introduced without consultation. This meant that those with experience of the parole system had no input into the new statutory instrument. Such radical changes to how the parole system works should have been implemented only after those who work in it were consulted. The manner in which these changes were introduced, with no consultation even with the Parole Board, undermines confidence in the professionals and the system.

The second ground for regret is that the Government have simply failed to establish that there is a problem which justifies the package of changes made. In other words, there is no evidence of the problem the changes purport to solve. These changes may well result in increased risk to the public, as the Parole Board is denied the benefit of expert opinion and the opportunity to see how prisoners respond in conditions of lower security. As we know, having the benefit of expert opinion and proper risk assessment is important to ensure that prisoners are prepared for reintegration into society.

The reason for introducing the “single view” procedure was to respond to recent cases in which expert witnesses employed by the Secretary of State took a different view from that of the Minister. Parole panels hear different opinions and, after consideration, reach their own conclusions. The Secretary of State may disagree and can now insist on a reconsideration. This provides an adequate remedy in such situations. Therefore, excluding the input from expert witnesses appears extreme and ill judged.

The department expects the “single view” procedure to operate rarely, in perhaps 150 cases out of over 3,000 annually, but the rule changes go much further. They prevent witnesses employed or commissioned by the Secretary of State providing a recommendation to any parole hearing either in writing or orally. This represents a major interference with the Parole Board’s ability to operate independently and undercuts the independence of a court-like body. It also undermines the professional standing of witnesses, for whom risk assessment is a core skill.

The “single view” procedure is currently subject to an ongoing judicial review in the case of Bailey v Secretary of State for Justice. In this case, the court has provided interim relief solely to the plaintiff on the basis that the parole panel should be free to ask any questions relevant to its task and expect the witness to answer them. This includes asking an expert witness for their recommendation. This judicial review is an important test of the “single view” procedure.

My third regret is the change in the criteria by which prisoners may move to open prison. These changes were expressly opposed by the Parole Board and the National Association of Probation Officers. As we know, the period spent in open conditions is a practical aid to resettlement in the community, and considered recommendations by the Parole Board, albeit subject to the Secretary of State’s approval, are crucial for public protection. These directions had three tests: that the prisoner is assessed as having a low risk of absconding; that a period in open conditions is considered essential to inform future decisions about release and to prepare for possible release on licence into the community; and that the transfer to open conditions would not undermine public confidence in the criminal justice system.

The second test is controversial as it sets the bar for open release very high and excludes prisoners who have progressed well and for whom a move might be considered beneficial, rather than essential. It prevents the decision-makers from considering whether a move to open prison might reduce risk and improve the prospect of safe release.

The third test—that the transfer to open prison would not undermine public confidence—is completely open-ended, and no guidance has been provided as to the circumstances in which it might apply. Now, only the Secretary of State considers the public confidence criteria, a task which essentially falls on officials. This has led to a dramatic reversal in the proportion of prisoners being approved for transfer to open conditions.

The Parole Board has estimated that the consequent delays may add 800 a year to the number requiring prison places. The Prison Reform Trust has recently received data from the Parole Board showing that, prior to these changes, 94% of recommendations for open conditions made by the Parole Board were accepted; since the change in criteria, and despite a falling number of recommendations, only 87% have been accepted.

Since the Worboys case in 2018, the parole system and the Parole Board have been subject to multiple reviews; some have been independent of the ministry, but the root-and-branch review prompted by the 2019 Conservative manifesto was conducted by unnamed officials within the department. Only aspects limited in scope were subject to public consultation, but change introduced by this statutory instrument formed no part of that review, and the Parole Board was given almost no notice of it, still less consulted.

The Parole Board has an enviable record; in recent cases only one in 200 releases resulted in a person being charged with a further serious offence. Every time a prisoner absconds, or a person released on parole commits a serious further offense, public concern is wholly understandable, but it is important that the response to these cases is proportionate. The Parole Board has co-operated in an exemplary way, with some radical changes in its operation. Its willingness to provide the public with reasons for decisions in individual cases, its adoption of a reconsideration process, and its skill in undertaking the complex challenge of holding some hearings in public all show that the Parole Board is open to new ideas. But some of what has been forced upon it in recent months has clearly been ill-thought through, and I hope that the Minister might now be open to a conversation on how these aspects of reform might be adjusted.

To conclude, I ask the Minister why the Secretary of State decided not to consult before introducing the statutory instrument, and if he will do so now. Given the dramatic reversal in the proportion of prisoners now being approved for transfer to open conditions, what is the Minister’s assessment of the probable delay before those prisoners may now be safely released from prison?

On the “single view” procedure, what is the Minister’s assessment of the impact of the new procedures on public protection, particularly in cases where decisions on release or transfer are complex, and where the Parole Board will not now have the benefit of clear recommendations from officials? I beg to move.

--- Later in debate ---

I am not in a position to answer all the questions that the noble Lord, Lord Ponsonby of Shulbrede, was kind enough to ask; I think there were six and maybe several sub-questions within the six. I will have a look at the transcript, if I may, and answer what I can in due course as with other questions asked by noble Lords this evening. There was no consultation in this case. This is within the legislation; that is the procedure that is normally adopted for amendments to these rules. I am perfectly happy on behalf of the Government to say that we will keep this issue under review and see how it works out. There is a case in the High Court, which I cannot comment on, which may affect the outcome. The essential point is that these rule changes in no way undervalue the importance of the reports or the assessments that will continue to be provided by prison and probation staff and psychologists. Those will remain vital. In closing, I pay tribute to all the staff in the service who provide those reports and reassure them that their role will continue to be vital, as heretofore.

[Baroness Prashar (CB)]

My Lords, I know that time is rushing on and the Front Bench is keen to close the debate. I first want to thank all the colleagues who have contributed to this debate and say that I respect the alternative views expressed by the Minister and the noble Baroness, Lady Newlove.

I found the Minister’s response rather confusing. He was trying to justify the unjustifiable. If I wanted to refute every point, it would take me about half an hour, which I do not have. This really highlights why it is important to have a consultation—a proper debate—so we are not eroding the fundamental principles on which the Parole Board actually operates. At the outset he said it was an arm’s-length body and should be respected as such. Also, if may say so, experts can give their opinion but from my experience the Parole Board hears different, conflicting views and it makes up its own mind. It does a risk assessment, which it is good at. Its record shows that.

I ask the Minister, having listened to this debate and felt the unease round the House, whether the Government will be willing to meet to see how some of these things are going to be discussed. We need clarity about what actually is intended. I am leaving this debate more confused than enlightened. But I thank the Minister for the response and everybody else for their contributions. I beg leave to withdraw the Motion.

Motion withdrawn.

Her Late Majesty Queen Elizabeth II

Baroness Prashar Excerpts

Saturday 10th September 2022 Lords Chamber

[Lord Stephen (LD)]

My Lords, it is impossible to do justice to such an amazing and astonishing person and such an amazing and astonishing life. I am also conscious of the hour, so I will keep my reflections light but give some memories from Scotland, Royal Deeside and Balmoral.

I was once the Member of Parliament for Balmoral, but my reflections go much further back and my memories start much earlier. I used to stand each year in the village of Bieldside, which is at the beginning of the journey up to Balmoral Castle, with my grandmother and mother. We knew this spot where the Queen’s car—one of the high-top cars with lots of glass—would slow down because the Queen knew there was a particularly beautiful garden there, and she would ask the driver to stop to have a look at it. We would stand there and she would give us her big smile, which has been mentioned a lot, and the kind of wave that I had never experienced before in my life as a young child.

We did that every year, until one year she slowed down and the beautiful garden had been completely removed and replaced with climbing frames and swings, because a young family had moved into the area. Sadly, her habit of slowing down stopped after that. She would continue on that journey up to the castle, and I think everyone knows just how much she was loved and respected in Ballater, Braemar and the village of Crathie. All the talk in my early years was about the possibility of bumping into the Queen or another member of the Royal Family in a shop or on a country walk, and just how important it was to respect them and allow them to have as close to a normal life as possible when they came, at this time of year, to Royal Deeside.

Fast-forward to the State Opening of the new Scottish Parliament, where I was one of the new Members. It is important to remember that the Queen played a very positive and central role in the early days of the Parliament and its establishment. After the ceremony, my two year-old daughter Mirrhyn was the first to go down the steps of the new Chamber and to sit on the Queen’s chair. We told her that it was a throne, but in truth it was the best-looking chair that parliamentary officials could find for that day.

When we went outside for the fly-past from Concorde and the Red Arrows, my daughter was still very excited by it all and insisted on knowing which of the dignitaries was the Queen. She was too young to recognise her, and nobody was wearing a crown that day. We said, “Can you see David up there in the Royal box—David who was feeding you crisps in our dining room the other week?” This David was Lord Steel of Aikwood, the new Presiding Officer of the Scottish Parliament. She said, “Yeah, I can see him, dad.” We told her, “Well, the Queen is the lady sitting next to David.” Of course, David liked this story a lot and dined out on it for quite some time. He even managed to tell the Queen the story. He confirmed that she laughed a lot when she heard it.

I saw the Queen at so many sombre occasions, very often in churches or at official ceremonies. I remember being quite nervous and intimidated when I was asked to be Minister in attendance at one of her Holyrood garden parties. My wife was standing in the tea and cucumber sandwiches tent with the Countess of Airlie, the Queen’s very good friend and one of her most senior ladies-in-waiting, when up to the two of them came the Earl of Airlie, who accidentally knocked my wife’s hat clean off. When this story was duly recounted to the Queen, she laughed out loud and gently scolded the Earl with the biggest of smiles. It was a different side—something lighter and closer to normality in a life less normal.

Of course, in this place it was the exact opposite. Here in front of us, the Queen’s Speech, the Crown, the orb, the sceptre, Black Rod marching on her no, through to summon the Members of Parliament—there is nothing normal in any of this; it is pomp and ceremony at its peak. However, even on these grand and sparkling occasions, there were insights. The Queen and Prince Philip, the Duke of Edinburgh, were determined in their 90s to walk up the staircase from their ceremonial carriage to the Royal Gallery, under the glare of television cameras and completely unaided, and then into the Robing Room, which always looks so immaculate—except, you work out, when the Queen is there. All those tables and chairs from the Royal Gallery are piled high and it looks cluttered and chaotic, like backstage at a theatre.

Then there is that classic story about the Queen and Prince Philip leaving in the lift with Black Rod. He pressed the button to go down to the ceremonial carriages and instead the lift went up to the second floor. When the doors opened, there was a young lad with his paper cup of canteen coffee, waiting to step into a lift which he quickly realised contained Black Rod, Prince Philip and the Queen. I suspect that in the midst of Black Rod’s huge embarrassment, she was stifling mischievous laughter.

She was the quintessential Queen, unquestionably, the like of which we will never see again. Tomorrow, her journey through Bieldside will not be to Balmoral. Instead, she will go slowly in the opposite direction. Hundreds will stand there in sombre sadness but also in a show of their love. May she rest in peace.

[Baroness Prashar (CB)]

My Lords, in our beloved Queen we have lost the mother of our nation and the mother of the Commonwealth. When we lose someone so reassuring and constantly present in our lives, we lose a part of ourselves, but in the words of Rabindranath Tagore:

“We should not say in grief that she is no more but say in thankfulness that she was.”


I say in thankfulness that she was.

I had the privilege of meeting Her Majesty on several occasions in my career. She was a constant in my life from my childhood. I was born in Kenya, where Her Majesty came as a Princess in 1952 and left as our Queen. I have vivid memories of the celebrations in Kenya for her Coronation, and of receiving a red mug with her image on it. Little did I know then that I would have the privilege of some very close and memorable encounters with Her Majesty, and that she would become an inspiration from whom I would learn so much just by observing her in action.

My first encounter with Her Majesty was in the late 1980s, when I was the director of the National Council for Voluntary Organisations and she was its royal patron. Her Majesty graced NCVO’s Diamond Jubilee celebrations and won over everyone with her formidable charisma, her infectious smile, her knowledge and her warmth. She left an indelible impression on me. Her Majesty’s support and service for the UK’s voluntary sector throughout her lifetime was phenomenal and she was much revered and loved by all in civil society.

My second encounter was when I was chair of the Royal Commonwealth Society, the oldest Commonwealth non-governmental organisation, in whose work Her Majesty took a personal and keen interest. In 2007, she opened the extension to the RCS’s premises. As we have heard, the Commonwealth was very close to her heart. It is no exaggeration to say that the Commonwealth has been held together by her personality. Her political skills, and belief in justice and democracy, helped create the modern Commonwealth. Her Majesty was far ahead of her time when, in 1953, she articulated a forward-looking vision of the Commonwealth and said:

“The Commonwealth bears no resemblance to the empires of the past. It is entirely a new conception, built on highest qualities of the spirit of man: friendship, loyalty and the desire for freedom and peace.”


I am sorry to say that seven decades on some people still do not comprehend that new conception. The genuineness with which Her Majesty related to the leaders of the Commonwealth, even in the face of the most extraordinary challenges, such as apartheid, speaks volumes about the success of the Commonwealth under her leadership.

Assisted Dying Bill [HL]

Baroness Prashar Excerpts

2nd reading
Friday 22nd October 2021 Lords Chamber

[Baroness Prashar (CB)]

My Lords, this is a very difficult subject. It raises moral, ethical, religious and practical issues. Understandably, there are strong feelings on both sides of the argument. I respect and understand the arguments advanced by those who are against the Bill. I have considered those arguments, but, on balance, I remain in support of this well-drafted Bill, admirably introduced by my noble friend Lady Meacher.

I remain in support because, as others have said, this limited Bill is about choice and compassion. It is about autonomy and the right to end one’s life, subject to stringent safeguards. Those who oppose the Bill argue that palliative care is the answer. The Bill is not a substitute for palliative care but an additional choice alongside it. In other words, it is about the right to ask for medical help to die as one of the options in the range of palliative care options.

We also know that excellent palliative care is very important, but no amount of palliative care can address concerns regarding loss of autonomy or control of one’s bodily functions. Suffering at the end of life can manifest itself in many deeply distressing ways apart from pain. This Bill would enable those who do not wish to be forced to endure horrific conditions to seek assisted death.

Also, the current, unregulated practices at the end of life are unsatisfactory. It is time that the availability of assisted death to a restricted and clearly circumscribed set of patients should be brought into the open and regulated, so that those who wish an assisted death can have that choice.

I also understand those who oppose this Bill on religious grounds, but arguments derived from religious belief should be kept to one side, as there is no compulsion on those who have religious objections.

In my view, this Bill deserves proper scrutiny and consideration, so that there can be a proper examination of the safeguards it proposes, some of the practical issues that have been raised and their viability, and, of course, for the reason so eloquently expressed by the noble Baroness, Lady Bull. I very much hope that it will clear Second Reading so that it can be examined fully at later stages.

Counter-Terrorism and Sentencing Bill

Baroness Prashar Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Tuesday 26th January 2021 Lords Chamber

Moved by

[Baroness Prashar]

12: Clause 27, leave out Clause 27 and insert the following new Clause—
“Release on licence for prisoners serving a serious terrorism sentence: England and Wales
(1) The Criminal Justice Act 2003 is amended as follows.(2) In section 244(1) (duty to release prisoners on licence) after “247A” insert “, 247B”.(3) After section 247A insert—“247B Release on licence of prisoners serving a serious terrorism sentence(1) This section applies to a prisoner (“P”) who is serving a serious terrorism sentence under section 268A or 282A of the Sentencing Code.(2) It is the duty of the Secretary of State to release P on licence in accordance with subsections (3) to (6).(3) The Secretary of State must refer P’s case to the Board—(a) as soon as P has served the requisite custodial period, and(b) where there has been a previous reference of P’s case to the Board under this subsection and the Board did not direct P’s release, not later than the second anniversary of the disposal of that reference.(4) It is the duty of the Secretary of State to release P on licence under this section as soon as—(a) P has served the requisite custodial period, and(b) the Board has directed P’s release under this section. (5) The Board must not give a direction under subsection (4) unless—(a) the Secretary of State has referred P’s case to the Board, and(b) the Board is satisfied that it is no longer necessary for the protection of the public that P should be confined.(6) It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the appropriate custodial term, unless P has previously been released on licence under this section and recalled under section 254 (provision for the release of such persons being made by section 255C).(7) For the purposes of this section—“appropriate custodial term” has the meaning given in section 268C of the Sentencing Code in relation to a sentence under section 268A of the Code, and in section 282C of the Sentencing Code in relation to a sentence under section 282A of the Code;“the requisite custodial period” means—(a) in relation to a person serving one sentence, two-thirds of the appropriate custodial term, and(b) in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2).””

[Baroness Prashar (CB) [V]]

My Lords, the principle aim of the amendment is to ensure that the Parole Board retains its vital role in assessing risk to determine the safe release of terrorist offenders given a serious terrorism sentence or an extended sentence. I am grateful to the noble Lords, Lord Anderson and Lord Ramsbotham, for supporting the amendment.

The amendment would remove Clause 27 and replace it with a new clause, which would provide for parole-authorised release for terrorist offenders given a serious terrorism sentence in England and Wales. The amendment is modelled on equivalent provisions on the extended sentences contained in Section 125 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. In line with these provisions, an offender sentenced to a serious terrorism sentence would become eligible for parole-authorised release at the two-thirds point in their sentence. The release test applied is the same as those for other sentences for dangerous offenders, whereby the board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined. If that test is not met, the amendment provides for the offender to be retained in prison until the end of the custodial term. During that period, the offender is entitled to a parole hearing to reconsider their case every two years.

It should be noted that the changes to serious terrorism sentences introduced by the amendment would apply only in England and Wales. Equivalent provisions for Scotland and Northern Ireland would need to be drafted for the changes to be fully workable. The amendment would also remove the changes to the release arrangements for terrorist offenders given an extended sentence in England and Wales introduced by Clause 27. Following the deletion of Clauses 28 and 31, other amendments would be needed to make equivalent changes to extended sentences in Scotland and Northern Ireland. This would mean that convicted terrorist offenders sentenced to an extended sentence for which the maximum penalty is life would continue to be eligible for parole-authorised release at the two-thirds point.

This amendment addresses the concerns raised by the Independent Reviewer of Terrorism Legislation, Jonathan Hall, as well as by me and a number of other Peers on Second Reading. They relate principally to how the new serious terrorism sentence and the changes to the extended sentence will result in a loss of the benefits of both a risk assessment and an incentive to reform which the parole process provides.

The parole process contributes to public protection in a number of important ways. First, it helps to ensure that dangerous people are not released when they would represent an unacceptable risk to the public. The Parole Board deals with some of the most serious and complex cases in the justice system. It rightly takes a cautious approach when assessing whether the statutory release test by Parliament is met. However, it also decides that around 10,000 prisoners need to stay in prison for the protection of the public. This means that fewer than one in four prisoners meets the Parole Board’s stringent release tests.

Secondly, parole hearings provide an opportunity to give careful consideration to the risk presented by an individual and to put in place arrangements to mitigate the risk, if they are authorised for release. While no system for assessing future risk can ever be perfect, the Parole Board has an excellent track record when it comes to limiting the dangers posed by offenders on release. As Jonathan Hall has stated, with the new serious terrorism sentence and changes to the release arrangements for terrorist offenders serving extended sentences,

“the opportunity to understand current and future risk at Parole Board hearings has been removed.”

Thirdly, the parole process provides hope and incentive for good behaviour and rehabilitation, particularly for offenders serving lengthy sentences. It can act as an encouragement for prisoners in the often difficult work of rehabilitation and reform. Poor behaviour and lack of engagement inevitably lessen the chance of release at parole hearings. Removing parole-authorised release removes a clear incentive for prisoners or authorities to engage in efforts to address their offending behaviour. It also reduces incentives for prisoners to comply with the prison regime more generally, which could put staff at risk of violence.

The changes introduced in the Bill also give rise to some significant anomalies in the sentencing framework for terrorist offenders. Under the provisions of the Bill, a life sentence will continue to be the most severe penalty available to courts. Unless an offender is given a whole-life sentence—there are currently just 62 prisoners with this sentence—these prisoners will be ineligible for consideration by the Parole Board once their punishment period is served. However, under the new serious terrorism sentence, an offender receives a 14-year minimum sentence, which must be served in full. Once that term is served, the prisoner is released automatically on an extended licence, without a risk assessment. Similarly, a terrorist offender given an extended determinate sentence, convicted of an offence for which the maximum penalty is life imprisonment, would have to serve the entire custodial term. However, once that term is served, they are released automatically on an extended licence—again without a risk assessment.

These provisions are also more confusing given the welcome changes that the Government have made elsewhere to strengthen the role of the Parole Board in its risk assessment of less serious terrorist offenders. In February 2020, the Terrorist Offenders (Restriction of Early Release) Act ended the automatic release of terrorist offenders at the halfway point of their sentence. Under this Act, these prisoners will be released only at the two-thirds point of their sentence if they can satisfy the Parole Board that their risk can be safely managed in the community.

It is surely worth considering parole participation in these new sentences to ensure that the benefits of both risk assessment and incentives to reform afforded by the parole process are not lost. As chairman of the Parole Board from 1997 to 2000, I have seen the incentives that parole provides at first hand. I too welcome the two new Ministers to the Front Bench and the open way in which they have engaged in Committee. I look forward to the Minister’s response, and I hope that he spells out for me the rationale for removing parole from this set of offenders.

--- Later in debate ---

It is a matter of public protection and public confidence in the justice system that this extremely serious type of terrorist offender is not granted the privilege of early release from the custodial sentence. While I have no doubt that we will continue to consider these matters in this House and in discussions outside it, for those reasons I urge the noble Baroness to withdraw her amendment.

[Baroness Prashar (CB) [V]]

My Lords, I thank the Minister for a very open response and all other noble Lords who have spoken in this debate. I support and agree with my noble friends Lord Anderson and Lord Carlile and the noble Lord, Lord Marks, because the points they made reinforce the points I was making. I respectfully disagree with my noble friend Lord Faulks about governors setting the licence conditions. Although the Minister explained carefully how that will be done, I do not see why that should replace an assessment made by the Parole Board, which has a great deal of experience in assessing risk.

Having said that, I think the principles of why parole is an essential part of our criminal justice system have been rehearsed. It is about public protection and the better management of prisoners. I do not think that it is fair to say that early release could lead to false compliance, because those who assess risk are very familiar and can assess whether the prisoner is serious or it is a false claim. I very much hope that the Government will consider the points made in the course of this debate. I beg leave to withdraw the amendment.

Amendment 12 withdrawn.