Legal Aid, Sentencing and Punishment of Offenders Bill

Lord Pannick Excerpts

Thursday 9th February 2012 Lords Chamber

[Baroness Mallalieu]

My Lords, I support the amendment. I do so in part having been around prisons in Hong Kong some years ago—I have no reason to think that the position has changed since—and seen considerable numbers of very old and very sick men who were there because there was no means of their ever being released. They presented very considerable difficulties for the prison service and they presented difficulties in their management during their term in prison because they had nothing to gain by behaving well during their time there.

It requires political courage to accept an amendment such as this—just as it requires courage on the part of a judge who is dealing with a case which has aroused great public emotion, just as it requires courage on the part of a parole board to deal with a prisoner who has been in the media and attracts media attention—but if we believe that people can change, and if we believe in reformation, then it is essential that there is something at the end of the tunnel for those who can demonstrate that they have come through the process and now put behind them any capacity to be dangerous. For that reason I very much hope that, difficult as it is, the Government will find the courage to put some provision like this in to the Bill.

[Lord Pannick]

My Lords, I, too, support the amendment, for all the reasons that have been given. It is surely inhumane to say to a prisoner that they will remain in prison for the whole of their life, other than in the most exceptional compassionate circumstances—which I understand to mean that they are dying—whatever progress they may make, however long a period may elapse. Surely it is also very damaging to prison order to have in prison this number of prisoners who have no incentive whatever to progress, to behave and to move towards a responsible approach.

The noble and learned Lord, Lord Lloyd of Berwick, mentioned that the Vintner case would inevitably go to the Grand Chamber. I very much hope and expect that the Grand Chamber will take into account the views of those in your Lordships' House who have expressed the opinion that this is indeed an inhumane way to treat prisoners.

I note that the amendment is drafted in terms of a discretion for the Parole Board. I would understand that to be the case because the Secretary of State faces this difficulty: either he retains an absolute position, whereby there will be no review; or he recognises that there will be a review, but by an independent body—the Parole Board. As I would understand it, the Secretary of State is simply unable, as a result of earlier European Court judgments, to take upon himself a statutory power to review the position and to decide on release after 30 years.

I also note that the amendment is drafted in terms of it being the duty of the Secretary of State,

“with the consent of the Lord Chief Justice and the trial judge if available”.

I would welcome assistance from the noble and learned Lord, Lord Lloyd of Berwick, when he comes to reply, as to whether it is his intention that after 30 years it should be the duty of the Secretary of State to refer the matter to the Parole Board only if the Lord Chief Justice and the trial judge—that is, both of them, if the latter is available—consent. Will he explain the purpose of involving the Lord Chief Justice and the trial judge? Is it intended that they should enjoy some discretion; and if so, pursuant to what criteria?

I respectfully suggest that it would be more appropriate to say that these matters should automatically be referred to the Parole Board after 30 years. That is a very long time. Of course the Lord Chief Justice of the day and the trial judge, if available, should be invited to give their opinions on what should happen to the individual, but I am troubled by the idea that there could be an impediment to the Parole Board even considering the matter after 30 years if, say, the trial judge thinks it inappropriate to do so. That is a drafting question. I strongly support the principle of the amendment, for all the reasons that have been given already, and those that I have added.

--- Later in debate ---

[Lord Pannick]

On public confidence, which the Minister rightly emphasised is so important in this area, why does he think that the public should not have confidence in a system in which, after 30 years, an independent parole board can ask itself whether it is any longer necessary for the protection of the public, and whether it would be in the interests of justice, that this person remains in prison. Why should the public not have confidence in a law along those lines?