Terrorist Offenders (Restriction of Early Release) Bill

Daisy Cooper Excerpts

2nd reading & 2nd reading: House of Commons
Wednesday 12th February 2020 Commons Chamber

[Daisy Cooper (St Albans) (LD)]

I, too, put on record my thanks to the Under-Secretary of State for Justice, the hon. Member for Croydon South (Chris Philp), who has kept me updated in recent days.

In the wake of the two recent terrorist attacks, it is absolutely right that the Government look at the legal framework to decide whether it is adequate. Like the hon. Member for Eastleigh (Paul Holmes), I was caught up in the 7/7 bombing. I was on one of the tube trains behind the one that was blown up at Russell Square, and I remember the unbearable heat that came from the blast. I was also in this place during the Westminster lockdown. The hon. Gentleman is right that many of us have been affected by acts of terrorism, but with respect, many of us nevertheless come to this debate with slightly different views.

This Bill does three things. First, it brings about an end to automatic release and applies that retrospectively. That is overdue, but very welcome. Liberal Democrats have said before, and we say again, that this part of the law is currently wrong, and it is right that this House seeks to change it. The Government are rushing this Bill through to get to Royal Assent before the end of the month and before the scheduled release of other terrorists. However, this part of the Bill alone, on ending automatic release and applying that retrospectively, would achieve the Government’s goal—and, indeed, the priority of all of us to keep the public safe. This part of the Bill alone would stop the release of terrorists without Parole Board agreement. It would be possible to adopt just that part of the Bill for it to be a change in the administration of a sentence in a way that is compatible with the rule of law.

However, the Bill tries to do two other things that, I think it is fair to say, are problematic. The second thing it tries to do is move the point of release from the halfway point to the two-thirds point for future offences. Of course, it is the natural instinct of all of us to have bad people locked up for longer, but who would want somebody locked up for longer if there was evidence that that could in fact make them more radicalised and more dangerous at the point that they are released?

[Sir John Hayes]

That is not an argument about the length of the sentence; that is an argument about how people are dealt with when they are incarcerated.

[Daisy Cooper]

I thank the right hon. Gentleman for that point. Much of the evidence suggests that what helps the deradicalisation process is not only how people are treated when they are incarcerated, but the amount of time they have on licence in order to find a home, rebuild family connections and do all the activity outside prison. There is evidence to suggest that the time on licence can make more of a difference to reducing reoffending rates and deradicalising people.

[Dr Julian Lewis]

Can we think about specifics? The last two attacks were very different. As I said in an earlier intervention, the second of the two attacks was by someone who was clearly mentally deranged. The earlier attack was by someone who appeared to have taken all the deradicalisation on board and to be a model prisoner. We have to recognise that we are dealing with a kaleidoscope of personalities, not necessarily people who have been fooled by something and who can reasonably be brought out of that situation.

--- Later in debate ---

[Daisy Cooper]

I thank the right hon. Gentleman for making that point, which relates to both capacity and what can be done in prisons and while prisoners are on licence to ensure that they are deradicalised and to assess their behaviours.

As I was saying, there is currently no evidence that longer periods in prison have any rehabilitative effect, and there is some evidence to suggest that they might be counterproductive. For all of us who put national and public safety first, that should be very worrying.

The third element of the Bill is retrospectivity. Retrospectively applying the first part of the Bill, to end automatic release, is fine, but retrospectively moving the release point is problematic. The Government and some Members today have pointed to individual parts of case law, but there is a long-established principle against the retrospectivity of criminal laws. The Government have suggested that this is only about changing the administration of a sentence, whereas legal commentators have pointed out that the Bill arguably also changes the scope of the penalty. The Bingham Centre for the Rule of Law said in its briefing circulated to Members this morning:

“By effectively overturning judicial decisions about sentencing the Bill also comes uncomfortably close to legislative interference with the judicial function.”

The last point that I wish to address is the speed with which the Bill moves forward and the reasons for it. As I said, nobody wants these prisoners to be automatically released, and the first part of the Bill would tackle that and keep the public safe, but there is a reason why we debate and scrutinise laws in both Houses and have specialist Committees to look at our laws. We know that fast law can make bad law, and there is an even greater risk of that happening when four of the parliamentary Committees that would have scrutinised the Bill—the Joint Committee on Human Rights, the Home Affairs Committee, the Justice Committee and the Intelligence and Security Committee—have not yet been appointed.

[Imran Ahmad Khan (Wakefield) (Con)]

Does the hon. Lady recognise that, although policy should be based on evidence and research, that is not necessarily a good thing in the context of terrorism, where we have an evolving set of threats? With evidence-based research, it can be four years before we formulate and implement policy, by which time the threat has invariably moved on. We therefore need to employ a broader range of measures, including the use of specialists in interrogation of those who deceive, to bolster the ability of the Parole Board, and training material for prison officers and those involved in deradicalisation. Speed is required in order to adapt, so I support the Government’s position, because an evidence-based approach is not appropriate in this context.

[Daisy Cooper]

The hon. Gentleman will recall that, in my opening remarks, I made the point that this was a very overdue change. In fact, we have had many years where we have seen the effects of increased radicalisation in prison simply because of a lack of resources both for our prisons and for our parole service, so he is right to point to that element.

That leads me very nicely to my next point: because of the speed of the passage of the Bill, there is not sufficient opportunity for pre-legislative scrutiny. I would argue that, in the absence of adequate pre-legislative scrutiny, hon. Members should all sign up to a system of post-legislative scrutiny. Others in this debate have called for a review mechanism. The Government say there is other legislation coming down the line, but we know that legislation can slip, so I will finish by asking the Government to think again about this particular point to make sure that we have sufficient post-legislative scrutiny and that this law—

[Sir John Hayes]

I waited to intervene until a point at which I agreed with the hon. Lady, because I thought that was in the spirit of this debate. She is right about the need to review these provisions, but as she said a moment ago, any number of Committees will be able to do that in the course of time. We can move ahead with rapidity to defend the public, and then look at these matters in the round through the processes she has set out.

[Daisy Cooper]

The right hon. Gentleman is right that this legislation will of course be scrutinised in due course, but it is vital and right, because we are moving on with it so quickly, that we write into law a statutory review in one year’s time.

I conclude by saying that there is a danger that Bill will become a law of unintended consequences. In summary, we welcome the end to automatic release and doing so retrospectively—that is a good move—but we have concerns about changing the release point, particularly if that ends up allowing people to be released who are more dangerous than before. There are also questions to answer about the impact on the rule of law in applying retrospectivity to the release point.

Prisoners (Disclosure of Information About Victims) Bill

Daisy Cooper Excerpts

2nd reading & 2nd reading: House of Commons
Tuesday 11th February 2020 Commons Chamber

[Lucy Allan (Telford) (Con)]

I pay tribute to the hon. Member for St Helens North (Conor McGinn) and his excellent campaign, and echo many of the sentiments that he expressed in the superb speech that he just delivered to the House. I also express my gratitude to my right hon. and learned Friend the Lord Chancellor for all his work and efforts, since his appointment, to focus on victims and to put their rights front and centre. I am also extremely grateful to the Home Secretary for her work that focuses on the rights of victims, which traditionally we perhaps have not put so much centre stage. The Government do themselves proud by making such a commitment to victims, and the Bill is an example of that desire to put victims front and centre.

I of course welcome the Bill, understand the rationale behind it and support it, but I wish to make some remarks that I should be most grateful if Ministers considered. Those remarks relate to the Parole Board’s role, which the hon. Member for St Helens North alluded to just a short moment ago. The placing of a statutory duty on the Parole Board to ensure that the issue of non-disclosure is properly considered is a positive step and a very welcome gesture, but the Bill will not fundamentally change the Parole Board’s current practice. The families in such cases will still have to rely on the Parole Board’s discretion, and that raises some questions about the Parole Board’s role when it comes to victims’ interests.

We have already heard about concerns relating to the Parole Board’s accountability and transparency, and there are clearly some gaps in its duties relating to responsibilities to victims. In the light of recent high-profile cases—for example, the Worboys case—there has clearly been a loss of public confidence in the Parole Board. There is a real need for the law to be seen to be on the side of victims. Yes, that is exactly what the Bill seeks to achieve, but in relying solely on the Parole Board’s discretion, it does not quite achieve that.

In the Worboys case, the Parole Board decided in January 2018 to release this serial offender early, after only eight years. The then Lord Chancellor was unable to intervene—in fact, he backed the Parole Board’s decision—leaving it to victims to mount a judicial review, which fortunately found that there had been shortcomings in the decision-making process. The courts were therefore able to require the Parole Board to revisit the decision, more information then came to light, and Worboys was sentenced further for additional attacks.

A feature in the Worboys case was the Parole Board’s failure to notify victims of Worboys’s forthcoming release. Another feature was that the Government felt completely powerless to intervene on behalf of victims. The case was not a one-off. The Parole Board is, of course, bound to balance the need to keep the public safe against the human rights law that prevents the arbitrary detention of offenders—that is the Parole Board’s job and its duty, and that is what it does—and the Bill will still allow the Parole Board to release an offender who has failed to disclose the known whereabouts of a victim’s body or failed to disclose the identity of a child victim. The Parole Board is not bound, by this Bill or by any other requirement, to take into consideration the rights of victims. I would very much like Ministers to consider how in future they can look at the Parole Board’s role and augment it to ensure that victims’ rights are up there with the rights of offenders. Clearly, this Bill will still allow a killer, sentenced to life, to be released, even if he has failed to disclose the whereabouts of a victim’s body. Most people would say that such a person may not be properly rehabilitated if he is refusing to co-operate on something as basic as the location of a victim’s remains, or the identity of a child.

The Bill raises issues about the Parole Board that were out there and being discussed, but that were not satisfactorily addressed in the previous Parliament under previous Lord Chancellors. Perhaps this new Government, with the new approach that has been so much on display with the current Lord Chancellor, could consider how the role of the Parole Board could be looked at in more depth. I know that there was a review of the Parole Board in 2018. One recommendation was that there should be a further, more in-depth review of the Parole Board’s activity to see how legislation might actually make it a more transparent and accountable body. I would very much welcome such a review, especially if we could pursue it in a little more depth. We must continue to ensure that the rights of victims are equal to those of the offenders.

I also wish to touch on another issue around the Parole Board. In Telford, I have been trying to find out whether a serious perpetrator of child sexual exploitation, who was sentenced to a 26-year extended sentence in 2012, has been released. He was eligible for parole seven years later, in December 2019, and I cannot get an answer on whether that has happened. I cannot get an answer because I do not know his prisoner number. If I am unable to learn whether he has been released, the community I represent is also unable to know. The victims and their families also want to know. We do not want a Parole Board that does not feel that it has any duty to the victims. That is something that this new Government, with their commitment to victims and their families, can do so much about. I know that victims’ families and the wider community would truly appreciate such a step.

[Daisy Cooper (St Albans) (LD)]

I apologise, Madam Deputy Speaker, for being late for the start of this debate. The Liberal Democrats also welcome this Bill. It is a good move and we are glad to see it here today. I am pleased that the hon. Member has been talking about the rights of victims in particular. The Bill responds to a number of cases, including that of Vanessa George, a nursery worker who was convicted of multiple counts of sexual abuse and of taking and distributing indecent images of children. She then refused to name those victims. Does the hon. Lady agree that we need the Government to take many more steps to provide support and advice to victims of sexual abuse, including by providing sustainable grant funding for specialist independent support services in relation to those who are survivors of violence against women and girls?

[Lucy Allan]

I am grateful to the hon. Member for raising the rights of victims, particularly of women and girls, in this place.

Streatham Incident

Daisy Cooper Excerpts

Monday 3rd February 2020 Commons Chamber

[Robert Buckland]

My right hon. Friend, as a former Security Minister, is indeed very familiar with these issues, and he and I worked together on them during the passage of the Investigatory Powers Act 2016. I reassure him that a mandatory minimum sentence of 14 years for serious terrorist offences will be part of our proposals in the counter-terrorism Bill, and I am sure that he will vigorously support that legislation when it comes to be debated in the House.

[Daisy Cooper (St Albans) (LD)]

The fact is that this attacker should not have been released from prison automatically. The law requiring automatic release is wrong, and it is right that we are now going to fix it, but that in itself is not enough. Whether people are locked up for two years, five years, 10 years or more, there is a very grave risk that people will come out of prison more dangerous than when they went in because our prisons are in crisis. What actions will the Minister take to ensure that all criminals, but especially high-risk terrorists, do not come out of prison more dangerous than when they went in?

[Robert Buckland]

I welcome the hon. Lady’s support for the measures that we are going to introduce. She is absolutely right about the need to end automatic early release. I assure her that we use a range of engagement programmes to deal with this violent and dangerous cohort of people. These engagement programmes are of various natures, and are designed to meet the particular demands that such individuals can pose. However, the programmes do require engagement. Where there is engagement, we can achieve results, but we also need to be mindful of the dangers of superficial compliance. That is why this particular cohort is difficult, challenging and tough, and requires an unprecedented response.