Imprisonment for Public Protection Action Plan

Lord Bellamy Excerpts

Thursday 25th May 2023 Grand Committee

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)]

My Lords, I very much thank my noble friend Lord Moylan for his opening remarks and for securing this debate, and all noble Lords who have spoken. As some of your Lordships know, I have met a number of you already and my friend, the right honourable Damian Hinds, the relevant Minister in the Commons, and I recently met the families and explained the Government’s reasons for proceeding with the action plan.

First, to restate the problem, IPP prisoners who have never been released have all, without exception, come before the Parole Board, which has been unable to say that they are safe to release. That is the essential stumbling block with which the Government and previous Governments have been struggling. The question is what to do about it.

As far as the resentencing exercise is concerned, as I think I have explained on a previous occasion, the Government’s position is that most of the relevant prisoners have already served a sentence, so on what basis exactly can one resentence such a person? What one is really doing is looking to find a way to release, or to improve the prospects of release for, the individuals concerned, and/or—as has been rightly pointed out—to address the problem of recall. Quite a lot of these prisoners have been released but found themselves being recalled for one reason or another.

With the greatest respect to the right reverend Prelate, there is no evidence that these recalls are arbitrary; they are for the breach of licence conditions. It may well be that there are some licence conditions that are difficult to comply with, or that the individuals themselves find it difficult to comply with; that, therefore, is something to be looked at. As the noble Lord, Lord Coaker, has just remarked, the Chief Inspector of Probation is about to investigate in detail the processes of recall to see whether this is being done properly and proportionately. That is a very important new element of the situation.

I respectfully suggest that the action plan is a very important step forward and another new element. The essential purpose of the action plan is exactly the purpose that the noble Baroness, Lady Burt, referred to, which is to break the Catch-22. How will we go about breaking the Catch-22? This is a shared problem. The Government are not trying to reserve the problem to themselves; it is a problem that every noble Lord and every member of the community can make an important contribution to. That is why, among other things, we have included an external stakeholder group in the arrangements, and why the Government have committed to publishing regularly information on its progress, so that everybody can see the data—data is a pretty important part of this—and the whole process can be put under the spotlight. That is what needs to happen: this issue needs to come up the agenda and be put under the spotlight.

Just for a moment, I shall record some aspects of the action plan, so that they are on the record. First, we have something we have never had before: a senior IPP progression board chaired by Mr Jennings, to whom reference has already been made, who is a most dedicated civil servant. That board is to drive forward measures in this area.

There are four basic principles set out in the plan; we have all read it, so I will not spend time reproducing them. There are success measures. There are six workstreams, two of which—I think workstreams 3 and 4—will in due course try to deal with the futility of the prisoners and the feelings of hopelessness that have been mentioned; to deal with the mental health issues, as there are quite a number of references to psychologists and so forth, and one is aware of the views of the Royal College in that respect; and to make a real, effective, tangible change.

The plan also extends, of course, to the community. Progression panels are being established in the community for each prisoner, in addition to their bespoke sentence plan, to give everybody a reasonable chance of getting through what is a very difficult situation.

As the noble Lord, Lord Coaker, rightly said, no responsible Government can ignore the need for public protection. That has to be borne in mind. I have to record—I make no apology for doing so—that this is yet another debate in your Lordships’ Committee where no one has used the word “victim”. Victims and potential victims have to be borne in mind as well, so one is struggling to find a balance in what is an intractable and difficult historical situation.

It is quite difficult at the moment to put flesh on the plan, as I think my noble friend Lord Moylan was asking us to do—has it taken account of this and has it taken account of that? Such points will of course be fed back. As the board takes control and drives this forward, I have every reason to hope and believe that all the points that have been made by your Lordships today will be taken into account. This is a very important advance. It will be driven by competent and experienced civil servants, and I would ask your Lordships to judge us by results. We do not have any results yet because it has only just started, but it is intended to respond to the very special situation where people have possibly lost faith in the system, are fragile and need special attention. I hope that will be delivered.

It is perfectly true that there have been staff shortages in the probation service. We have recruited some 4,000 new probation officers during the last three years—1,500 in the last full year. We have to make sure that the action plan adapts to those resources. There will be a review by the IPP progression panels, which we have directed largely to prisoners in the community.

I take very much to heart the opening comment from my noble friend Lord Moylan that it would be quite wrong to raise hopes only to see them dashed. However, I draw your Lordships’ attention to the fact that the Victims and Prisoners Bill will come before the House, so I anticipate that this is not the last debate that we will have on this subject. I would personally be very open, as I am sure would be the Government, to serious and concrete suggestions for a further look at, or even reform of, the structure that we have at the moment. That is something that any responsible Government should continue to consider. I hope that the forthcoming Bill will be an occasion for further debate. To touch on one point made by my noble friend Lord Moylan, in the Government’s view this is in part a moral issue, and I think the supervisory board will also have that well in mind under the action plan.

I am afraid that I cannot answer the question from the noble Baroness, Lady Burt, as to how long it will be before the last IPP prisoner is released, nor can I say at the moment, or quantify, what kind of additional finance in due course might be devoted to this problem. I can say—as I hope I have tried to illustrate—that the whole issue is very much on the radar. Obviously, from any Government’s point of view, nobody wants to keep anybody in prison unnecessarily—it is going to be expensive; no one wants to recall people unnecessarily. The strain on the probation service of dealing with all this is already pretty heavy, so if we can lighten that strain and reduce the general burden, and find ways in which people can break this Catch-22 and make their way successfully through the system, that is the Government’s objective.

I am conscious that I may have not responded to every point that has been made. I must say to the noble Baroness, Lady Burt, that I am afraid I cannot accept that the report is shoddy. Enormous effort has gone into this and will go into this. Your Lordships have my personal assurance that the Secretary of State and relevant Ministers will continue to drive this forward. Let us look forward. I would not say that this is the end of the story, and I am sure there will be opportunities for further reflection and debate when the forthcoming Victims and Prisoners Bill reaches this House.

Forgive me if I have not answered all questions; I shall write to anyone who would like a further answer than I have been able to give today. I thank noble Lords for their attention.