Sentencing Bill

Viscount Hailsham Excerpts

Wednesday 12th November 2025 Lords Chamber

[Viscount Hailsham (Con)]

My Lords, I hope that I will be forgiven if I concentrate more on what should be in the Bill than what is in it. For the purposes of today’s debate, I intend to focus primarily on sentences of imprisonment for public protection, or IPPs. Before I do so, I would like to make some brief remarks about other aspects that relate to sentencing, and also to the prison system.

We debated deportation orders last week, and voted on them last night. Most people in this country— but not, I think, the majority of this House—favour deportation orders, subject to two important provisos. The first is this: it is highly desirable that a foreign national sentenced to a serious period of imprisonment should be required to serve a substantial part of that sentence in the United Kingdom before deportation. The reason is that there is too great a chance that on deportation, the receiving country—unless there is an appropriate agreement in place—will simply let him walk free. That is what has happened to Mr Hadush Kebatu on his release to Ethiopia. The second proviso is this: in order to satisfy the principle of proportionality, an automatic deportation order should arise only in the event of serious offences, marked by a significant period of imprisonment. The threshold period will be a matter for debate.

My next general point relates to non-custodial sentences, of which I am a very strong supporter. However, in order to reassure the public, the non-custodial sentence must serve the public interest in a very obvious way, and must also be enforced with rigour. That means a properly financed and resourced Probation Service, among other things. I entirely agree with what the noble Lord, Lord Bach, said about the Probation Service, and I welcome the fact that financing has been significantly increased.

My next point is to emphasise the importance of purposeful out-of-cell activity for prisoners in custody. I know the Minister agrees with this. There should be much more concentration on remedial education and training for employment. Far too many prisoners are spending far too long locked up in their cells, and that is quite wrong.

My next general point relates to what happens on discharge. It is essential that there is a proper package of support for discharged prisoners and, most important of all, the prospect of employment. I give credit to the Minister in respect of his pre-ministerial career in this matter. Your Lordships will have noticed that quite a lot of the recently released prisoners were simply shown the door. So far as I could see, they had no proper support, and that is quite wrong. Again, it reverts to the point made by the noble Lord, Lord Bach, that we require a properly resourced and funded Probation Service.

The last of my general points, before I come to the IPPs, is on independent monitoring boards. I was the Prisons Minister under my noble friend Lord Hurd of Westwell many years ago. He was a most distinguished Home Secretary, as he was a most distinguished Foreign Secretary. I served under him and became very familiar with monitoring boards. When I retired from the House of Commons, I became a member of the monitoring board of our local prison. Along with the inspectorate, the monitoring boards are a vital means of scrutinising what goes on in individual establishments. I hope that the Minister will encourage boards to be as candid and as critical as the facts justify, and that he will encourage prison governors to enable the boards to fulfil the functions that I think they should.

I turn now to the IPPs, which are rightly characterised as an enduring stain on our judicial system. I am not going to repeat the relevant facts in any detail. Noble Lords will find all the detail that they require in excellent briefing notes by the Library of the House of Lords. A very helpful report was published in 2022 by the Justice Committee of the House of Commons and, most recently, a very important report was produced in June 2025 by the Howard League for Penal Reform. It is a report in which the former Lord Chief Justice, the noble and learned Lord, Lord Thomas, was intimately involved, as was my noble and learned friend Lord Garnier.

I acknowledge that there has been some progress in the action plan now in place but, alas, the progress has been too slow. On 31 December 2024, there were still 695 unreleased prisoners who had been in prison for more than their tariff and, indeed, for more than 10 years. Unsurprisingly, self-harm and suicide are much higher for this category of prisoner than for any other. As of March 2025, 94 people on IPPs had taken their own lives while in prison, and this is deplorable. One has to ask oneself what we do about this enduring crisis, bearing in mind that there is an action plan already in place. As I have said, the action plan is proceeding too slowly. That is not surprising, as many prisons do not provide the courses that are required to enable a prisoner to proceed towards release. The House of Commons committee in 2022 recommended the resentencing of individual IPP prisoners. That is a proposal that I probably did support, and I certainly would support.

However, that recommendation was refused by the previous Government and, indeed, by the present Government. I do not imagine that a change of mind is going to occur in the near future. Consequently, the Howard League has come forward with seven interlocking and mutually supporting recommendations. The most important of these is the proposal for a two-year conditional release scheme for IPP prisoners. The recommendation is that, in IPP cases,

“the Parole Board should be asked to set a date as to when the person will be released within a two-year window”,

together with what has to be done to achieve public safety. The report quite rightly sets out a range of safeguards, together with a mechanism for setting aside the release date if there is a requirement for that decision.

The recommendation for a conditional release date, together with the other recommendations in the report, seems a very sensible way forward, but I do not want to be unduly prescriptive in this debate. I suggest that early progress is essential to mitigate and, I hope, resolve an undoubted scandal. I hope that, in the context of this Bill, there will be cross-party discussions that result in serious amendments of a kind likely to commend themselves to this Government, and that thereby we can reasonably hope to see an early resolution to a very serious injustice.