IPP Sentences

Nicholas Dakin Excerpts

Tuesday 29th October 2024 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)]

It is a pleasure to serve under you in the Chair, Mr Efford. We have had a full and informed debate, and I thank my hon. Friend the Member for Southgate and Wood Green (Bambos Charalambous) for securing it and setting it off in such a positive way. He drew our attention to the issues and reminded us, as others did, of Lord Blunkett’s words about IPP sentences being the “biggest regret” of his political career. We all need to roll up our sleeves and work across the parties. I welcome the fact that the Opposition spokesman, the right hon. Member for Melton and Syston (Edward Argar), recognised how we, in opposition, worked constructively with the Government. He is now doing the same. The problem belongs to all of us and we should put our shoulders to the wheel to resolve it in the best way possible.

My hon. Friend the Member for Southgate and Wood Green also drew our attention to the heart of all this: these prisoners often feel a loss of hope and that they are in a cycle of despair. It is our responsibility to do all we can to break that cycle. My right hon. Friend the Member for Hayes and Harlington (John McDonnell) spoke with deep understanding and eloquence. He drew attention to the way in which prisoners often self-harm and the need for programmes to be focused precisely on the needs of individuals to bring about practical action. I hope that is where we are going now with the action plan and the dashboard behind it, which follows each individual prisoner so that the right approach can be taken for them and so that they and the prison authorities know what they have to do to allow people to move to the next stage so that there is, we hope, a positive outcome for everybody.

My hon. Friend the Member for York Central (Rachael Maskell) spoke about people languishing in their cells without hope. That is a depressing picture and we all have a big responsibility to turn back the clock so that it is no longer the case. The right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts)—I pronounced her constituency wrong but did my best, so I hope she will forgive me—drew attention to the comments of the special rapporteur. Lord Timpson met the special rapporteur yesterday, so we are taking those issues seriously as we try to move forward.

The hon. Member for Strangford (Jim Shannon) spoke with his usual warmth and passion. He drew attention to the important principles of justice, rehabilitation and the needs of the victims, and the need to balance them as we move forward. My hon. Friend the Member for Rochester and Strood (Lauren Edwards) focused on the words of Lord Blunkett, but also drew our attention to the way recall has been used in a way perhaps not anticipated at the outset. I hope that what happens later this week will help remedy some of that. The Lib Dem spokesman, the hon. Member for Winchester (Dr Chambers), gave us Tommy’s harrowing story. Sadly, there are many stories like that, and our job is to try to ensure that there are not more in the future.

A lot of the history has already been dealt with, so I will not go back over what has been covered so well by others. The Government recognise the challenges faced by those serving IPP sentences, and it is absolutely right that the sentence was abolished. More than 5,000 people are still serving IPP sentences. For those serving the sentence in prison, the Government are determined to give them the support and opportunities they need to make further progress towards a safe, sustainable release. For those serving the sentence in the community, an end to the sentence is now within their grasp.

The debate is timely, as I was pleased to meet the IPP Committee in Action with Lord Timpson today—I see members of the group in the Public Gallery—in what I felt was a positive meeting. That does not mean that everything was where we wanted it to be, but it was a constructive, positive meeting, as we tried to work with people with genuine concerns and experience to get better outcomes.

This Friday, we will implement the first phase of changes to the IPP licence period in the Victims and Prisoners Act 2024, which we supported in opposition, and we are determined to implement those vital provisions at the earliest opportunity. We will also publish an updated IPP action plan shortly, which will continue to focus on the rehabilitation of IPP offenders through frontline delivery in our prisons and in the probation service. It remains the case, however, that supporting IPP offenders continues to present a number of challenges, particularly when it comes to those who have never been released. In addition, we must never lose sight of the paramount importance of protecting the public, which the right hon. Member for Melton and Syston spoke about so sensibly.

The changes to the IPP licence in the Victim and Prisoners Act will mean that this Friday those who were first released at least five years ago—or four years ago for those convicted when they were under 18—and who have spent the last two on licence without recall to custody will have their licence automatically terminated on 1 February 2025. The qualifying period for when the Secretary of State must refer an IPP licence to the Parole Board for consideration of licence termination, which is currently 10 years, will be three years, or two for those convicted when under 18. Commencing the new measures means that the IPP licence will end automatically for around 1,800 people on 1 November. In addition, 600 people will be referred to the Parole Board to consider licence termination on 1 February 2025. We anticipate that the changes, once fully implemented, will reduce the number of people serving IPP sentences in the community by around two thirds.

I recognise that the changes will not automatically result in any change to the status of those serving IPP sentences in prison. For that reason, the Government are determined to give those people every chance to make further progress in reducing their risk and eventually obtaining a release direction from the Parole Board in a way that prioritises public protection. As hon. Members have said, there is a responsibility on us to provide hope, but also to ensure that hope is realistic and proper.

The IPP action plan is one of the first steps in delivering that. The refreshed plan, which my hon. Friend the Member for Southgate and Wood Green asked for, places greater emphasis on effective frontline delivery in our prisons to ensure that prisoners serving IPP sentences have robust and effective sentence plans that they are actively engaging with, and that they are in the correct prison to access the right interventions and rehabilitative services. Lord Timpson, the Minister for prisons, probation and reducing reoffending, is determined to use his role to achieve that, including by ensuring that HMPPS delivers effective sentence planning and timely prison transfers. Lord Timpson would also remind us that in the Timpson business he had 30 IPP prisoners as good, effective colleagues, so he has lived experience of working hard to deliver for people in this area.

Those efforts will ensure that IPP prisoners can get to the right place to pursue the programme of intervention that they need to reduce their risk and make further progress towards a future release by way of the direction from the Parole Board. Around 30% of IPP prisoners are not currently in the correct prison to start the next formal intervention specified in their sentence plan. We are clear that that must be addressed as a matter of urgency, notwithstanding the challenges brought about by the current population pressures, which the Government are taking decisive action to tackle.

[Rachael Maskell]

My constituent has been waiting 17 years for release. Can the Minister provide a timeframe by which my constituent can expect to hear what the justice system further expects of him before he gets that release?

[Sir Nicholas Dakin]

Each case is different, so I come back to the importance of individual plans for individual prisoners, and the fact that they need to know, from conversations with the prison authorities, exactly where they are and what intervention is there, and they can see themselves progressing positively towards a positive outcome. It is impossible to give a timeframe on each individual case, but I would hope that each individual would have a feel of what the timeframe might look like for them.

Every prison now has a dedicated full-time neurodiversity support manager, and each has attended a bespoke awareness session on the IPP sentence and its impact on those serving it. Those managers are working with frontline staff to help them improve their support and communication with neurodiverse IPP prisoners, fostering good relationships and effective support for improved prospects of progression. We will continue to focus on delivering good education training and work opportunities in prison to build skills, alongside support for IPP prisoners to access employment and accommodation on release.

The IPP action plan is reviewed annually, and the Government will continue to scrutinise thoroughly progress made. To increase accountability, next summer the Lord Chancellor will be laying before Parliament the IPP annual report, which will detail the activity that has been undertaken to support those serving the IPP sentence, and hopefully address the points that have been made about where individuals lie in relation to confidence and assistance. If the anticipated progress is not being made, we will then consider what more we must do to drive the progress that we are determined to see. We will not accept no progress; we expect and demand progress, and that is what we will be looking for.

I appreciate that those still serving the sentence in prison will consider that they have not really benefited from the previous IPP action plans—there is some scepticism. This Labour Government will not allow that to be the case in future. We will robustly drive meaningful actions to deliver actual changes to how well IPP prisoners are protected and supported. That includes supporting those who have never been released, and those who have been recalled to custody. Recall remains a vital function in managing the risk of released IPP prisoners. The thematic review from His Majesty’s inspectorate of probation highlights the fact that decisions to recall IPP offenders have been proportionate and necessary, and that must continue to maintain public protection.

The Government’s overriding priority remains the protection of the public—I was pleased that the Opposition spokesperson, the right hon. Member for Melton and Syston, reiterated that in his comments—but, as my hon. Friend the Member for York Central pointed out, that needs to be robust and consistent. It is vital for public confidence and protection that those serving the IPP sentence in prison are released only following a thorough risk assessment that finds that their risk has reduced to the point where they may be safely managed in the community. That is a judgment for the independent Parole Board, which has also recognised that a greater focus on the IPP cohort is necessary. The board has set up a dedicated IPP taskforce so that IPP cases are handled and reviewed by Parole Board members with the appropriate knowledge, experience and expertise of the IPP sentence.

Legislating to give every IPP prisoner a definite release date and post-release licence would result in most of them being released automatically—we are coming on to the issue of resentencing, which I know is an issue of huge contention and concern—but, in many cases, the Parole Board has repeatedly determined that those individuals are too dangerous to be released, not having met the statutory release test. In those circumstances, sadly, public protection has to take priority.

The alternative would be resentencing via the court, which would likely result in most offenders still in custody being released without any licensed supervision, despite the Parole Board having assessed in the past two years that those individuals should remain in custody for the protection of the public, having not met the statutory release test. Either approach, sadly, would pose an unacceptable level of risk to members of the public, and, in particular, to victims. I am especially concerned that resentencing could result in dangerous IPP prisoners being released, without a licence period, into the community.

[John McDonnell]

I do not want to disagree with my hon. Friend, but that is a distorted reading of the Justice Committee report. It actually saw resentencing as enabling a refocusing on these particular prisoners, and an expert panel was to be involved to ensure that there was not a mass release in that way; there would be a staggered release, with all the expertise and support available. I think that the Minister has misread the Justice Committee report and should revisit it.

[Sir Nicholas Dakin]

I will very happily revisit the report as my right hon. Friend advises, but the reality is that we need to crack on with this. We need to get things to a better place as quickly as possible, and that means having the right support available to support each individual, to move them on their way. There may be a way of resentencing happening, but it is complicated and it has significant risk, which is why we are not going there. People released in those circumstances would not be subject to any licence conditions, including those that protect victims, for example by prohibiting contact with victims and enforcing exclusion zones. I do not accept that that is an acceptable position for victims.

On IPP offenders in the community, a resentencing exercise would also halt the risk management and support for these individuals, some of whom will be at the critical moment of having been recently released from custody. The Victims and Prisoners Act 2024 makes significant changes to the IPP licence period and allows for the termination of the IPP sentence in a safe, sustainable way, ensuring that the public and victims are best safeguarded. It is about balance, and I recognise that there are very strong arguments— and good arguments—for the balance to be elsewhere, but this is where the Government want to place the balance at the moment.

[Rachael Maskell]

The big issue, which I think all colleagues across the Chamber have been raising consistently in this debate, is people’s mental health. Continuous uncertainty will continue to mean people having very poor mental health, including self-harming and, tragically, losing their lives. Will the Minister ensure that he puts time frameworks around what he is talking about, so that people can start planning in their mind what their future looks like? At the moment, they are still looking down a very dark hole.

[Sir Nicholas Dakin]

Each IPP prisoner should know what they need to do in order to make progress through the system or towards the community, and each IPP prisoner should also know what the system should be doing to support them. That is the question, really, and I look towards friends and family because they are a massive resource in this respect. If individual IPP prisoners do not know what they should be doing in order to move on the journey towards release, or they do not know what the system should be doing to support them on the journey towards release, which includes support on mental health and other support of that kind, then there is an issue that we need to focus on and deal with. That is my answer to that point.

I will come on to the questions asked by the Opposition spokesperson, the right hon. Member for Melton and Syston, about what progress is being made on the action plan. I hope I have managed to cover off in my response the fact that the action plan is central and progressing in the way that we would wish. I have just mentioned mental health support. In relation to the licence breach, where the licence is still in force and victims become aware that an offender has breached a licence condition—for example, if they have entered an exclusion zone—they may report it to the police or their victim liaison officer. Where the licence is terminated, all licence conditions end, including exclusion zones.

[John McDonnell]

This debate has been helpful in expressing the concerns that people have. I am worried that we have been in this situation many times before, relying on an action plan that is never implemented effectively. I hope the Minister is saying that this one will be, but I must say that I have some scepticism, given the resources within the prison network and system at the moment. It is worth revisiting the discussion about the Justice Committee recommendations. Will he meet with a number of us from both Houses to talk through those and see whether, as we monitor this action plan, we can actually prepare a fall-back if it does not work?

[Sir Nicholas Dakin]

I am happy to meet my right hon. Friend and colleagues across both Houses with Lord Timpson to discuss progress on this in broad terms, because we can work together. We all want improvements, and we want this long-standing injustice to be put right for the future, and if we work together we are more likely to achieve that. I thank everybody who has spoken in this most timely and helpful debate, particularly my hon. Friend the Member for Southgate and Wood Green, who secured it.