Imprisonment for Public Protection Scheme

Lord Moylan Excerpts

Thursday 13th October 2022 Lords Chamber

[Lord Moylan (Con)]

My Lords, rarely can a report from a Select Committee have been welcomed with such joy by those directly affected by it. What is perhaps most welcome about it is its sense of urgency and dispatch. We have discussed this topic for quite a long time now. We have had warm words and sympathy from Ministers, but we have not had evidence of the urgency and dispatch that this report so rightly calls for. Ministers and officials wish to be seen as just, but they know that they are practising a major injustice. They wish to be seen as humane, but they know that they are continuing a monument to inhumanity.

Think about this briefly from the point of view of those affected: prisoners who are told that they are in prison for life but can get out if they demonstrate this, attend certain courses and go through certain hoops. They then find that they cannot demonstrate it: the courses are not available or, if they can get on one, they then find they might be moved to another prison before they can attend it. No wonder their mental health has deteriorated. No wonder they do not talk about it. Look at paragraph 49:

“I don’t speak to staff as any mention of a mental health issue goes on your prison record and will be brought up at board and can block release. The truth of it is we are all suffering from mental health problems because of the sentence but we are frightened to speak up”.


Imagine being in that position.

Think about the licensee, the person out on licence, having to demonstrate for 10 years that they are of good character or whatever, subject to being capriciously taken back into incarceration. Look at paragraph 115, which tells you that the majority of those taken back into prison have not committed a further offence; they have simply failed to satisfy their parole officer that they should remain out.

Think also here about the psychologists involved: people who are there to heal, but know that by giving a correct clinical judgment about the mental health of the prisoner, they are not assisting that prisoner but condemning him to continue in the circumstances that are the cause of the mental health problem. They feel deeply compromised in the role they are asked to carry out in prison in dealing with IPP prisoners. One of the most touching things in the report was the evidence of the prisoner who said that the best thing that ever happened to him was being sent to a mental hospital during his sentence, because at least there he was treated like a human being.

Finally, I ask your Lordships to think about the families, because they are serving the sentence too. With that, I come to my question for the Minister. There are two groups representing the families: UNGRIPP, the United Group for Reform of IPP, and the IPP Committee in Action. They will be lobbying the prisoners’ MPs on 19 October. Will my noble friend secure a meeting for them with the Secretary of State and the Lord Chancellor, either on 19 October or on some date soon after that, because they wish their voice to be heard and for Ministers to take this up and pursue it properly, as this report recommends?

--- Later in debate ---

[The Advocate-General for Scotland (Lord Stewart of Dirleton) (Con)]

My Lords, I join many of today’s speakers by thanking the noble Baroness, Lady Hamwee, for securing this important debate. I say how glad I am to see her in her place and how much I appreciated her succinct contribution.

I also thank the noble Baroness, Lady Burt, for opening the debate and laying down so many challenges for me to meet in the form of questions. In the spirit of good will and co-operation across the whole House, let me begin by providing her with a specific answer to one of the questions she asked. The report by Professor Moran on the offender personality disorder pathway was published today on GOV.UK. With that expression of delight from noble Lords, I should perhaps sit down, but I have more to say in response to the many points taken up by your Lordships.

It is indeed the case that the IPP sentence continues to generate enormous interest, concern and challenge in this House. The Ministry of Justice has certainly felt the strength of feeling from many noble Lords in previous debates on this matter. I acknowledge the work of the probation service, to which the noble Lord, Lord Ponsonby of Shulbrede, referred a moment ago, in playing its part in addressing the difficult problems that have emerged as a result of this piece of legislation.

As noble Lords will know, the IPP sentence became available for the courts to use from April 2005. When the sentence was abolished in December 2012, there were more than 6,000 offenders in prison serving an IPP sentence. Since that time, the Parole Board has released a substantial number of those prisoners on licence, although I assure the House that we recognise that there is still much more to be done.

On 30 June this year, there were 1,492 offenders in prison serving the IPP sentence who had never been released, and 1,434 offenders serving it following recall. In light of these numbers, I should here reaffirm the Government’s commitment, through the work of His Majesty’s Prison and Probation Service, to support: first, those serving the IPP sentence in prison, to reduce their risk to the point where the Parole Board, in the exercise of its independent function and discretion, judges that they are safe to release; and secondly, those serving the IPP sentence in the community, to progress to the point where the Parole Board, in the exercise of that same discretion, judges that their IPP sentence may safely be terminated. Our commitment will be delivered through the HMPPS action plan.

As your Lordships will be aware, it has long been the Government’s intention to review and refresh the action plan once the Justice Select Committee published its report following the IPP inquiry. We welcome the fact that, after a year-long inquiry, collation of the evidence base to which the noble Lord, Lord Anderson of Ipswich, and the noble and learned Lord, Lord Thomas of Cwmgiedd, referred, was published on 28 September. That means that we can now review thoroughly this important collation of evidence and recommendations in the context of consideration of our next steps. However, I emphasise that the Government have not stood idly by, awaiting the publication of this report. Work has been done to ameliorate matters for persons serving such sentences, as I will advise your Lordships.

As your Lordships have noted, the Justice Committee has laid out a clear recommendation for a new IPP action plan and a new approach to its oversight. The committee wants focused, actionable guidance to ensure that the plan has a clear strategic priority and ownership, and for HMPPS to deliver more in terms of fixed timeframes and performance measures. The Government welcome the publication of the committee’s report and view it as a real opportunity to take stock and identify areas for possible improvement. As I have observed, HMPPS has been working very diligently, over a considerable period, to deliver improved prospects for those serving IPP sentences. However, we must always be responsive to new information and take further steps to ensure that this work is robust, structured, and properly directed.

A full government response will be provided to the Justice Committee by 28 November this year, with an updated IPP action plan to follow. I emphasise that 28 November is the final date. My noble and learned friend Lord Bellamy, the Minister with responsibility in this area, will be very much looking forward to sharing and discussing progress on this with your Lordships over the coming months.

The noble and learned Lord, Lord Thomas of Cwmgiedd, in his powerful submission, acknowledged the importance of evidence, and of an evidence base on which to work. I emphasise that such an evidence base, together with the facts and statistics already available to the Government, must be subject to proper interpretation and analysis. However, I hope that this will not amount to what my noble and learned friend Lord Garnier potentially styled it as procrastination, or to equivocation.

While our focus is now on revising the action plan to address the Committee’s recommendations, it is important in a debate such as this to give a short overview of what has been delivered and achieved thus far in support of bettering the prospects of those serving an IPP sentence and in permitting them to progress through the system. Indeed, many of the improvements delivered in recent years will remain key features of the IPP action plan, as they have been shown to be effective in supporting progression.

In September 2016, a joint HMPPS and Parole Board IPP action plan was introduced, overseen by a board of senior representatives from prisons, probation, the Parole Board, health services and psychology services. I place particular emphasis on that latter component because of the profound concern that your Lordships have exhibited in relation to the mental health of persons imprisoned in this way. This early version focused significantly on improving the processes associated with the delivery of an efficient and timely parole process. At the time, there was a significant backlog of oral hearings which had a particular bearing on the prospects for IPP prisoners to secure progression, but, through the work outlined in the first action plan, the efficient flow and handling of cases improved significantly and that backlog was eliminated.

Once the parole process was operating efficiently, focus shifted largely to what HMPPS could and would do to support IPP prisoners, so that they could embark on their parole reviews with realistic hopes of showing the Parole Board that the statutory release test was met in their case. Then, as in each year from 2016, the Parole Board released hundreds from their IPP sentence for the first time and, as more were being managed in the community on an IPP licence, HMPPS began to explore what was needed to support those eligible to apply for the supervision requirements of their IPP licence to be suspended and, later, to apply for their IPP licence to be terminated altogether.

I now turn to the specific achievements of the IPP action plan thus far. I start with the case review initiative delivered by psychology services. These are comprehensive reviews, vital to identifying the most appropriate pathway for individuals, especially those with complex needs and challenging presentations, which the significant majority of those who remain in custody have. However, it is important to note that the case reviews are not a ticket to release but an absolutely key step to help practitioners home in on the best course of action to enable that individual to take progressive steps.

The department considers it impressive that almost every post-tariff unreleased IPP prisoner currently in prison has now received such a case review. The initiative has delivered well; between July 2016 and April 2022, 1,877 thorough reviews were completed, with many individuals going on from this platform to complete the work required to secure their next progressive step. In fact, 552 prisoners in this cohort have subsequently been released and a further 537 secured a progressive move to open conditions. It is clear that these reviews have, in conjunction with prison and community offender managers, led to improved individual pathways to progression, notwithstanding the fact that many are still struggling to progress due to their challenging behaviour, complex needs and the risks that they pose. Such cases are revisited through an update to the original case review and further multidisciplinary discussions of next steps.

Another key success of the action plan is the planning and implementation of three specialist progression regimes, which brings the total of such regimes to four. They collectively offer 385 places. These regimes, at His Majesty’s Prisons Warren Hill, Erlestoke, Humber and Buckley Hall, operate in closed, adult male prisons and provide opportunities for prisoners to gain a fuller understanding of their risks and problematic behaviours, and support to address them. Progression regimes aim to reintroduce the responsibilities, tasks and routines associated with daily life in the community, to test prisoners’ readiness to respond appropriately to trust where it is placed in them, and to encourage the active pursuit of activities and relationships that support rehabilitation. The system and the Government are conscious of the pressures posed on persons who have spent a long time incarcerated on returning to ordinary life. Although not all IPP prisoners would be ready to move to a progression regime due to the unique regime offering increased freedoms and responsibilities, it has proved an important opportunity for many to secure future release, and will be for many more who arrive there in the future.

Also worthy of note is the delivery of the IPP progression panels initiative, led by the probation service, which supports progression for those serving the IPP sentence in prison and in the community. These panels offer a multidisciplinary approach to risk management and progression, enabling cases which may have stalled to be put back on the right progression pathway. The panels are informed by the psychology services’ case reviews and are an important part of the wider toolkit to improve progression of IPP offenders. These are used prior to release but mainly following release to enable the effective management of individuals while on licence in the community. To date, over 6,600 IPP progression panels have been held across community and custodial settings.

The final success that I would like to highlight today to your Lordships is the addition to the Police, Crime, Sentencing and Courts Act earlier this year which requires the Secretary of State to automatically refer every eligible IPP offender to the Parole Board for consideration of licence termination. This takes effect once 10 years have elapsed since their first release and then annually thereafter. I note that this period is one which is challenged by the report of the Joint Select Committee, and the department looks forward to engaging with that matter in due course. This is something that your Lordships’ House certainly played an important part in delivering.

I join others in acknowledging the work and approach of the noble Lord, Lord Blunkett, in relation to consideration of the impact, value and merit of the IPP sentence. I think it was my noble and learned friend Lord Garnier, in particular, who made mention of that, but others did as well.

This amendment built further on what was previously delivered through the IPP action plan, which was to amend policy to seek proactively to ensure all eligible cases for licence termination made application to the Parole Board. Every eligible case will be considered by the Parole Board and, where successful, will lead to the IPP licence, and IPP sentence as a whole, being brought to a definitive end.

I am aware that many of your Lordships considered that this change did not go far enough and have pushed for a reduction on the period before individuals are eligible for consideration to have their IPP licences terminated. That featured, as I say, in the recommendations of the Joint Select Committee, although its primary recommendation has sought to go much further: to set up a time-limited expert committee, as your Lordships have heard, to advise on the practical implementation of a resentencing exercise, which the Lord Chancellor and Secretary of State for Justice could then consider. As stated previously, all recommendations within the report will be considered thoroughly. However, I am unable to comment on the Government’s views on the report’s recommendations until that formal response is available.

Although the successes coming from the IPP action plan, which I have sought to outline, are certainly encouraging, it is crucial at the same time to recognise the enormous challenges faced in working with this cohort to best effect, and the challenges that a refreshed IPP action plan will need to tackle. As the number of IPP prisoners who have never been released continues to decrease, the proportion of those who remain in prison who committed more serious offences and whose cases are particularly complex continues to grow. These prisoners, when not being released by the Parole Board, are still assessed to pose a high risk of committing further violent or sexual offences. These risks and associated behaviours must be addressed, and that has to be kept in mind when we consider IPP sentences because there is a risk-management component involved in that. It is not a simple task.

The Government’s priority continues to be to protect the public, but we remain committed fully to doing all that we can to support the safe progression of those serving IPP sentences.

[Lord Moylan (Con)]

My Lords, at the risk of prolonging my noble friend’s speech—I sense that he might be sitting down shortly—what can he say in response to my question about what he will do to secure a meeting with the families and the Secretary of State on 19 October, or as soon after that as possible?

[Lord Stewart of Dirleton (Con)]

I can give my noble friend an assurance that there will be engagement with the bodies to which he referred in his submission.

As your Lordships recognise, it is a mark of the health of a society that it extends compassion to victims of crime as well as to those who find themselves in custody as a result of having committed it. The proposals that the Government will bring forward once we have considered the terms of the JSC report will, I hope, assist that and permit people to reform and to enter into society to lead as full and useful a life as they may.