Prisoners (Disclosure of Information About Victims) Bill

Lord Blencathra Excerpts

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

Moved by

[Lord Blencathra]

1: Clause 1, page 1, line 11, leave out “the Parole Board believes” and insert “the prisoner has been certified by two registered medical practitioners as not suffering from irreversible memory loss; and
(d) the Parole Board reasonably suspects”Member’s explanatory statement
This amendment and the next in the name of Lord Blencathra would make it mandatory for the Parole Board to reject parole applications where a prisoner refuses to say where and how they disposed of a body, and the prisoner has been medically certified as not having irreversible memory loss.

[Lord Blencathra (Con)]

My Lords, these little amendments are straightforward—at least, in my view. If passed, they would make it mandatory for the Parole Board not to release any prisoners who refused to divulge where and how they have disposed of the bodies of their victims. I have built in an exception for the minority who may have genuine and irreversible memory loss and are therefore unable to state that.

The reason for the amendments s quite simple. We all know that even when there is no criminality but a person is killed and no body is found, or someone is lost at sea, relatives find it very difficult to get closure. But where someone has been murdered, we have all seen the terrible distress of the parents—for example, of the Moors murders victims or of those murdered by the IRA—when the perpetrators will not reveal what they did with the bodies. It is, we are all told, one of the most difficult things for relatives to contend with. Can one imagine the anguish and the sheer injustice of it if a convict refuses to reveal what they have done with the victims, they continue to thumb their nose at the relatives of the victims and the Parole Board, but they can still be considered for early release?

My noble and learned friend and other noble and learned friends may say, “Well, don’t worry, in those circumstances the Parole Board would be highly unlikely to release that convict”, but why should it be at the discretion of the Parole Board based on its “belief” as to a person’s honesty and integrity?

If a convict, in full possession of their faculties and their memory, refuses to divulge what they did with the bodies of their victims, why should the Parole Board be put in the invidious position of having to come to a subjective judgment based on psychologists’ reports. Parliament should say that, in such circumstances, no one will be considered—I stress “considered”—for early release until they say what they have done with the bodies. If a convict refuses to admit that they have done anything wrong in killing someone, would they be considered for release? I believe not. Thus, if they will not talk about the disposal of their victims, they should automatically be excluded from any consideration of early release.

It is not as if the Parole Board has a great track record of coming to the right judgments, as we have seen in the Worboys cabbie rapist case. He should never have been considered for early release and is rightly still behind bars.

Only last week, Mr Justin Russell, the Chief Inspector of Probation, released a report stating that the number of murders by offenders released on probation rose from 70 in 2015 to 114 in 2018, an incredible increase and a fifth of all homicides in England and Wales. Of these, two-thirds had been assessed as “low or medium” risk on release, which meant that there was a lesser level of supervision and checks by probation officers and police.

This is not the time or place for me to set out my views on the naivety of many on the Parole Board, who swallow any old guff that the psychologists put in front of them: that a convict has seen the error of their ways and is now safe to release. Indeed, I do not have to make that observation, since the statistics that I have just cited speak for themselves.

Sociopaths, psychopaths, serial killers and rapists such as Ian Brady, Worboys and Joseph McCann are incredibly devious and calculating. If they can qualify for consideration for early release by keeping quiet about what they did with the bodies, why on earth should they own up? By doing so, they might trigger a further investigation which could lead to a further charge for another murder. Also, there might be such revulsion at how they disposed of the bodies that no Parole Board would ever dare consider them for early release. Therefore, there is an incentive for them to keep quiet and let everyone think that they killed their victims nicely and gave them a Christian burial.

We should use the certainty of no consideration for early release as the only weapon we have to get those people to talk. The Parole Board cannot do that, since the Bill allows them to consider their application and come to a belief judgment. If we remove that possibility, there is a chance of getting them to talk about what they did to the bodies. For the sake of grieving relatives and for the sake of justice, I beg to move.

[Lord Blunkett (Lab)]

My Lords, I support the amendments because of the change that took place when the challenge to the right of the Home Secretary went through the judicial system and the safeguard that existed was therefore withdrawn. I do not share the view that the Parole Board is full of naive people. It has an incredibly difficult job and needs all the support and guidance it can get. I have my own disagreements with it, including on the case of David McCauliffe, who has been in prison for 32 years and did not commit murder or rape, although he did commit some totally heinous crimes.

I speak to this amendment because, like other Home Secretaries, I had to deal with Myra Hindley and Ian Brady. When Keith Bennett’s aunt, on behalf of the family, made her appeals to me to see if we could get an identification of where the little boy, Keith, was buried, my heart went out to the family. It was one of those distressing moments that Home Secretaries and now Justice Secretaries have to deal with in cases of murder, particularly where the body has not been identified and there is not therefore the opportunity to grieve properly or to lay the remains to rest. Winnie Johnson, Keith’s mother, died in 2012 without ever knowing where he was. No parent should have to put up with that.

As I have spoken about already, like my predecessors I was able to block the release of the Moors murderers because the power then existed with the Home Secretary. For reasons relating to human rights—it was not to do with the incorporation of the ECHR into the Human Rights Act but with the appeal that went through the judicial system—that power was taken away and, as described, now rests with the Parole Board.

In the circumstances, we are asking the impossible of the Parole Board: to make a judgment on a situation in which somebody has knowingly refused to identify the place in which they put the body of the individual they murdered. For the parents of a child, that is so horrendous as to require a much more rigid approach than we would normally take in giving judges and the Parole Board, quite rightly, the discretion they need to deal with cases. That is why I am in support.

--- Later in debate ---

[The Deputy Chairman of Committees]

In that case, I call the noble Lord, Lord Blencathra, to reply to the debate.

[Lord Blencathra]

My Lords, I thank my noble and learned friend for his response and I am grateful to all noble Lords who have contributed. I shall try to comment briefly on all the points raised. I cannot say that I am disappointed with my noble and learned friend’s reply, since I had no expectation that our Ministry of Justice would countenance the radical proposal that some convicts not deserving of leniency should stay locked up.

Consideration for early release is not a fundamental right; it should be earned by a whole range of factors. Some of these may be subjective and judgmental, such as reports on the convict’s behaviour in prison, his attempts at learning a skill or trade, anger management and so on. Others, I believe, should be a simple statutory bar that removes any discretion from the Parole Board. One would be that a convict who admits that he killed a person but refuses to admit that it was wrong should not be considered for release until he is willing to make that admission. The other case, in my opinion, is the one before us today: no one should be considered for release if he has not given details of how and where he disposed of the bodies of his victims, with the exception for the minority who have genuine memory loss.

My noble and learned friend said that if a prisoner lies about the location of the body and it turns out to be false, he forfeits his right to consideration for early release. I am not suggesting that we take the prisoner at his word; we would not be so naive as to say, “Okay, you’ll get early release; you’ve told us where the body is”, and then a few weeks later discover that he has lied about it—of course not. Nor do I accept that a bar on early release would necessarily be in contravention of Article 5 of the treaty. My noble and learned friend said that it could—I think these were his words—“potentially put us in that territory”. That is far from certain.

I am grateful to the noble Lord, Lord Blunkett, who spoke with considerable authority on this matter. If my arguments are not convincing, I hope that the House will in due course listen to him. I was also moved by what the noble Lord, Lord Mann, said. He, too, had experience of the pain of the families of the Moors murder victims, who were deprived of closure because the killers kept that power. He stressed the word “power”, which is a very good term. If a prisoner can still be eligible for parole and not divulge information about the bodies, he retains that power over the relatives, the victims and the Parole Board.

I am grateful to my noble and learned friend Lord Garnier for his kind and typically overgenerous comments and, as usual, his very thoughtful and learned contribution. I hope that the Government will explore his idea of a proper court hearing to decide on disclosure, despite what my noble and learned friends the Advocate-General and Lord Mackay of Clashfern said. I take the point that my two doctors suggestion is another attempt to get some certainty when a prisoner may not be able to recall. I accept that getting certainty may be difficult for a wide variety of reasons, as my noble and learned friend Lord Mackay of Clashfern highlighted. However, I hope that he would agree with me that, where a prisoner considered to have memory recall simply refuses to divulge information, parole should not be considered in any circumstance. That is a quite different matter from a prisoner who is unable to recall, however that is determined.