Amendment 153A

Part of Victims and Prisoners Bill - Report (4th Day) (Continued) – in the House of Lords am 8:45 pm ar 21 Mai 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Lord Bellamy Lord Bellamy The Parliamentary Under-Secretary of State for Justice 8:45, 21 Mai 2024

My Lords, for convenience, I will start, if I may, with Amendments 154B to 154D, which relate to the role of the chair of the Parole Board. The Government have taken note of the debate in Committee regarding the original proposals affecting the Parole Board chair and the power of the Secretary of State to dismiss the Parole Board chair.

Strong leadership of the Parole Board is essential. It appears that a mechanism already exists, in the unlikely event that it is needed, for the Secretary of State to ask an independent panel to consider dismissing the chair if there are concerns about their ability to do the job effectively. On balance, the Government have decided that this existing mechanism is sufficient, so we will not be proceeding with the original proposals in the original Bill.

We have also listened to feedback that the judicial functions of the chair, including deciding whether a hearing can be held in public, would most appropriately continue to be held by the chair. It has become clear that, to lead the board effectively, the chair should retain these functions, including their ability to take part in individual cases. For these reasons, I have tabled these amendments to remove all provisions relating to the chair of the board from the Bill.

I turn next to my Amendments 153A and 154A, which seek to amend Section 239(5) of the Criminal Justice Act 2003. These amendments enable the Secretary of State to create procedural rules via secondary legislation which the Parole Board must follow when carrying out its statutory duties.

These amendments will allow the Secretary of State to create new rules that will allow the Parole Board chair to delegate certain functions, including some judicial functions, from board members to staff in its secretariat. The Government intend for this provision to be commenced immediately on Royal Assent. This is the subject of Amendments 162A and 162B, to which I shall refer briefly in a moment.

Other courts and tribunals typically have provisions in primary legislation to allow for rules permitting the delegation of certain functions but, to date, we have not had comparable provisions for the Parole Board.

The Parole Board has approximately 320 members and 200 staff in its secretariat. Its members are public appointees, including judicial members, specialist members and independent members, the specialist members typically being psychologists or psychiatrists.

The purpose of the amendment is to give the Parole Board greater flexibility in how it manages its workload. I have to say that delays in the Parole Board process are currently serious and must be tackled. Each review that the Parole Board carries out will include a range of case management decisions, such as varying or revoking certain directions, agreeing deadlines or timelines, adding or removing witnesses, or adjourning or deferring cases that are not ready to be heard. At present, these decisions are taken by Parole Board members, but that is not always necessary. There are efficiency savings to be made if some case management decisions could be delegated to appropriate staff, and the Parole Board supports this amendment, which is dedicated to improving the overall efficiency of the board and reducing delays in the system. That is particularly important in relation to IPP prisoners, whom we discussed earlier, since we can anticipate an increasing flow of IPP decisions to the Parole Board and an increasing workload accordingly.

However, there are important safeguards for substantive decisions on whether the statutory release test has been met and whether to terminate the licence, and decisions of that kind are not delegable. The procedure rules will specify exactly what functions can be delegated by the chair of the board to appropriate members of staff.

Amendments 162A and 162B, which I mentioned a moment ago, simply allow for this provision to be commenced on Royal Assent of the Bill, so that we get on with improving the procedures of the Parole Board as fast as possible.

As I have just said, that is part of our general approach to, among other things, IPP prisoners through the action plan, the Parole Board task force and now the procedures of the Parole Board, so that the whole system works appropriately to ensure the safe release of appropriate prisoners. It would be unnecessary to delay these reforms beyond Royal Assent. I commend these amendments to the House.