Criminal Justice and Courts Bill

Lord Ponsonby of Shulbrede Excerpts

Monday 14th July 2014 Lords Chamber

[Lord Beecham (Lab)]

My Lords, Amendments 4, 5, 8 and 16 relate to the obligations imposed on the Parole Board by Clauses 3, 4, 5 and 7. Clause 3 adds terrorism and explosive offences to the category of the enhanced dangerous offenders sentencing scheme. Cases will be referred to the board for a decision about release instead of offenders being eligible for automatic release after serving two-thirds of their term. Clause 4 extends this to all such offenders serving extended determinate sentences. Clause 5 applies a similar provision to other offenders convicted of serious crimes, as listed in the schedule, who will be subject to discretionary rather than automatic release between the halfway and end points of their sentence. Clause 7 creates a new release test for recalled prisoners to be applied by the board under which the Secretary of State or the board has to be satisfied that it is highly unlikely that a prisoner would breach a condition of his licence.

All these measures are likely to increase the pressure on an overstretched and underresourced Parole Board. The Government estimate an increase of 1,100 hearings a year by 2030, rising by an estimated 50 next year, 400 by 2020 and ultimately requiring an extra 1,000 prison places. As the Prison Reform Trust points out, the Ministry of Justice has form in these matters. When indeterminate sentences—IPPs—which we will be debating later were introduced, the ministry, under a previous Administration, estimated an increase in the prison population of 900, but by the end of last year 5,335 people were serving IPP sentences, two-thirds of them beyond their tariff date.

This was in good measure a result of the failure, frequently commented upon in this House and beyond, to provide the necessary resources to the Parole Board to prepare people for release and rehabilitation. As the Prison Reform Trust reported, offending behaviour programmes are scarcely available and limited in their scope and effectiveness, and it is inherently difficult to demonstrate reduced dangerousness and pass the high safety threshold for release. That was in 2010, when numbers were smaller and staffing greater. Moreover, as the Prison Reform Trust points out, the Government’s impact assessment of the provisions of the Offender Rehabilitation Act estimated that 13,000 offenders would be recalled or committed to custody a year, leading to an extra 600 prison places being needed. Have the Government looked into the real impact of the Offender Rehabilitation Act on this situation to date and as anticipated in the near future? Further, what assessment have they made of the effect of the recent Supreme Court judgment in the Osborn case requiring the board to hold more oral hearings, which last December alone had increased by one-third in indeterminate review cases to just under 400 in a month and to 90 in indeterminate recall cases?

The board warned in its annual report, as it appears from today’s Daily Telegraph, that the number of oral hearings could increase from 4,500 a year to as many as 14,000, and at an additional cost of £10 million. What is the Government’s response to this estimate? The Minister has apparently indicated that an extra £3 million will be allocated to the Parole Board. How does that square with the board’s own estimate of the potential cost? What is the Government’s estimate of the impact on prison numbers and on the work of the board of the Secretary of State’s latest headline-grabbing decision that no prisoner may be transferred to an open prison if he or she has previously absconded, which is apparently already building up a backlog of Parole Board hearings? How do the Government expect the board to cope with these pressures when it has already lost 20% of its staff and when its members are now having to use an unreliable video link system to conduct hearings—another example of the problems associated with rushing headlong into the all too frequently costly and inadequately tested application of IT and electronic systems?

All this is set against a background of massive overcrowding in many prisons with the attendant problems that that poses for prisoners and staff, and with the system too often being pared back to one of simple confinement. The chief inspector has spoken of dangerous instability in the prison estate and has pointed out that despite some recent high-profile cases, there is a very low failure rate for release on licence. Further questions arise over the Government’s apparent intention, as reported in the Times on 21 June, to transfer responsibility for the administration of recall cases to the magistrates’ courts. Can the Minister tell us whether this is the Government’s policy, because of course the report may be wrong, and if so, what consultations have taken place with the Parole Board, the Magistrates’ Association, the judiciary and other interested parties? Is there an intention to pilot such a concept before rolling it out?

It really is time for the Government to adopt less of the kind of muscle-flexing populism that is so often exhibited by the Secretary of State and more of the considered approach we have come to expect of the Minister. These amendments are designed to ensure that the Parole Board is fully engaged with any plans to implement these measures and that Parliament has an opportunity to scrutinise and approve their implementation on the basis that the necessary resources will be made available to ensure that the pathway to rehabilitation is properly and securely paved. I beg to move.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I want to add to some of the comments made by my noble friend Lord Beecham on the make-up of the review of the Parole Board. My understanding is that at present Parole Board members can either sit as a single Parole Board member or as two or as three. They can be a mixture of lay people and lawyers. It is of course desirable that the more serious the case, the greater the legal training and the more appropriate the experience of the people sitting on those hearings. I also wonder whether the Minister can comment on the possibility of using lay magistrates to sit on parole hearings. Is this something that the Ministry of Justice is willing to consider? We have a resource in the pool of magistrates throughout England and Wales, so is the ministry considering the use of magistrates in parole hearings? The whole subject of the Parole Board is extremely important, as we have heard from my noble friend Lord Beecham, and is something that needs to be managed very carefully, given the reduction in the resources being made available to it.

[Lord Ramsbotham (CB)]

My Lords, perhaps I may add a word to what the noble Lord, Lord Ponsonby, has said in amplification of his noble friend Lord Beecham. In addition to saying that £3 million would be made available, the Minister has been quoted as saying that a number of changes are to be introduced to ease the pressure on the Parole Board. In addition to the possibility of lay magistrates being used, as mentioned by the noble Lord, Lord Ponsonby, can the Minister outline exactly what those changes are? I am quite certain that the Supreme Court introduced the Parole Board in oral hearings because it was satisfied that the board gave a fair hearing to people, and that was how it operated. I would hate to think of some of the parole decisions being reduced to bureaucratic decisions taken by officials.

--- Later in debate ---

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I know that it is normal that the Front Bench on this side finishes any debate before the Minister answers, but I really have a bad feeling about the clause and I want to support the amendment. The provision smacks to me of the outcome of lobbying by those who will have highly remunerative contracts, if it comes to pass. We are not hearing any costings on this, and I would very much like the Minister to tell us what it is going to cost the public purse. As others have said, there are circumstances in which it is very useful to tag someone when there are concerns about whether they might not respond to the ordinary inhibitions on their liberty during a period of parole, but I am concerned about it being used in this wide way. Behind the provision is the lobbying by those private sector companies that now make a great deal of money out of this very kind of thing. Have any costings been done? How much will it cost the public purse?

[Lord Ponsonby of Shulbrede]

My Lords, I want to pick up on the point that my noble friend Lady Kennedy of The Shaws has made and speak to Amendment 13, on the review of this extension of tagging. My honourable friend Dan Jarvis made the point in the other place about possible unforeseen consequences of this extension. I was talking to a magistrate colleague of mine only last week, and she pointed out to me that the new GPS tags are physically much larger than the existing tags used today. That means that they are possibly easier to remove—but there is another possible consequence, in that they need charging much more often. The existing tags do not need recharging because the battery lasts for the length of the period that the person is tagged. Potentially, that raises a whole series of issues with offenders—people out on bail or offenders in the case that we are now discussing—who are not properly recharging their GPS-driven tags. My understanding is that they would have to do it by an induction loop; it would not be a physical connection. That could raise a lot of unforeseen consequences, which is why I reiterate my support for Amendment 13, so that it can be looked at when the provision comes into force.

[Lord Ahmad of Wimbledon (Con)]

My Lords, the effect of Amendments 9, 10 and 14 would be, as my noble friend Lord Marks said, to remove from the Bill the provisions which would allow for compulsory electronic monitoring conditions to be imposed on offenders on release from custody. This would leave the use of these conditions on a discretionary basis, as they are now under the Criminal Justice and Court Services Act 2000. I understand that there are some concerns about how these powers will be used. Therefore, it may be helpful if I take some time to explain how the provisions would work and why the Government consider them necessary and important in our drive to deliver a more effective sentencing and rehabilitation framework.

I emphasise that legislation has been in place for some years to provide for the use of electronic monitoring as a condition of release, both to monitor compliance with other conditions, such as curfew or exclusion conditions, and to monitor the offender’s whereabouts as a condition in its own right. The limitations of the current technology have meant that, in practice, electronic monitoring has been used so far simply to monitor compliance with a curfew. However, we are reviewing the electronic monitoring contracts, which provides us with the opportunity to take advantage of new, cutting-edge technology that will enable us to track offenders in the community.