Amendment 120A

Part of Victims and Prisoners Bill - Report (4th Day) – in the House of Lords am 5:15 pm ar 21 Mai 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Baroness Fox of Buckley Baroness Fox of Buckley Non-affiliated 5:15, 21 Mai 2024

My Lords, how do I follow those words about pinko commie Conservatives? Quite easily.

Perhaps we would not start from here, but as we are here, I too warmly welcome the Government’s concessions. They show that the Minister has been listening in Committee and at all the meetings. I hope that his listening continues, because there are many very fine amendments in this group, as reflected by the many very fine speeches. Even if the amendments are not voted on, I still think that they are worth considering, and I hope that the officials and the department will take on board what is being said.

All the amendments in this group tackle very specific, and sometimes seemingly technical, matters that remain outstanding in trying to tackle the IPP issue. It strikes me that all these fiddly, piecemeal issues could have been dealt with historically in one fell swoop, and once and for all, by a resentencing amendment. Although I know that that is off the table for now, it will need to be brought back by some future Government. For all that, this group of amendments adds up to more than the sum of its parts, which is why I hope that the amendments will still have an impact, even if they will not all be voted on.

Before I speak to the amendments that I put my name to, I want to show my support for Amendment 145, which the noble Lord, Lord Moylan, said he cannot now press because of a lack of support. The notion of reversing the burden of proof when applying for parole made for one of the most important amendments in this group, not least because it would have had a material impact on the 3,000 IPP prisoners still in jail and it presents the most hope of the amendments here. A lot of people have rightly congratulated UNGRIPP and Donna Mooney on the work that they have done. She reminded us why she wanted Amendment 145 in particular to pass: she is worried that the IPP prisoners who are still incarcerated feel doubly abandoned by this Bill, because it does so little for them as a group. I concur, and I wanted to see that rectified.

That is why it was so gratifying in Committee to hear the noble Lord, Lord Ponsonby, welcome what the noble Lord, Lord Moylan, had described then as a “nudge” to the Parole Board that would make a significant difference. Indeed, as we speak, the words of the noble Lord, Lord Ponsonby, from the Dispatch Box are being echoed and cheered on widely in a clip featuring them in Peter Stefanovic’s latest short vlog, which has had over 1 million views in a matter of days. It is interesting that those words are being cited as a positive example of cross-party co-operation on an important matter of principle about criminal justice. I hear that the Labour Front Bench is now unable to support this amendment.

I want to counter something that the noble Lord, Lord Blunkett, mentioned. He said that, in the build-up to an election, this is a toxic topic. I understand the nervousness about law and order, but I will challenge that. I do not think that it is as toxic as we in this House or the other place sometimes suggest to the public. In fact, I think that public opinion can be won over—and is being won over—on IPPs. The fear that politicians have of the public and public opinion is sometimes an underestimation of the public’s sense of fairness and justice, as we have seen with the range of scandals over recent weeks and months—there have certainly been far too many.

The principle behind Amendment 145 is still important to consider, because if the state insists on retaining the power to continue incarcerating people for decades after their original tariff is spent, using a sentencing regime that the state itself has abolished as not fit for purpose, it is only right that the burden of justifying such extraordinary power should then lie with the state.

This is especially important because putting the burden of proving that they are safe on to prisoners is an added burden and injustice, because the practical barriers to acquiring proof are created by the state. As we have already discussed at length, prisoners cannot exert any agency or power in accessing, for example, rehabilitation courses if those courses are cancelled or delayed or if they are bundled from one prison to another. All that is what is used as proof of their safeness.

I am sure that noble Lords saw the very moving story of the IPP prisoner Thomas White meeting his 14 year-old son for the first time since he was a 10 month-old baby. It is all credit to the noble Lord, Lord Blunkett, for helping to organise that family reunion. Apparently, there was not a dry eye in the visiting room. Part of the media coverage revealed that Thomas had been moved 16 times since 2012, when he was put on an IPP. He had no control or choice over those moves, but as a consequence had no way of acquiring the rehabilitation courses deemed necessary to stand a chance with the Parole Board. Therefore, I would still say yes to Amendment 145, although Amendment 149A, as an elegant compromise, is one for which I will vote. What a moving and wonderful speech we heard from the noble and learned Lord, Lord Thomas of Cwmgiedd, at the beginning. It really set the tone for this discussion.

One hurdle that prisoners find hard to get over at parole hearings is proof of adequate arrangements for when they will be released, to prove that they will be safe. This brings me to Amendment 140 on aftercare. The need for this has been so well articulated by the noble Baroness, Lady Burt, but I have just a couple of additional points. If you read the excellent journalistic articles on IPP prisoners, such as those by Simon Hattenstone in the Guardian, or by Amy-Clare Martin in the Independent, or listen to the fantastic investigative documentary series “Trapped”, you will know that time and again the inadequacy of post-prison arrangements is referred to as a key factor in creating an IPP version of ping-pong—slightly different from ours—where people are constantly recalled back to prison, having been let out and then made to go back in, not for any criminal activities but because they are unable to negotiate the trigger-happy licensing rules and lack of suitable aftercare, which is what made this amendment so important.

I have always thought that the main danger presented by IPP was not to the public but to IPP prisoners and licensees themselves. We know about those 90 tragic suicides, but how concerning is it that self-harm is more prevalent among IPP prisoners than among any other prisoner cohort, including lifers? They actually need this extra special support, and at the very least are owed specific, specialised multiagency aftercare, which is why I like that amendment.

In that context, Amendment 147, concerning a specialist mentor scheme, is also a worthwhile endeavour, as put forward by the noble Baroness, Lady Blower. One thing not mentioned often enough is the added work and strain that IPPs create for prison officers and probation staff, because both services are understaffed and underresourced. They have to negotiate the particular challenges of a cohort of IPP prisoners, often subsumed by despair, who are treated differently from other prisoners and licensees due to the peculiar requirements of IPP.

Perhaps it is no surprise that the new president of the Prison Governors Association, Tom Wheatley, in one of his first media interviews, called for a review of IPPs and resentencing. I think that governors and staff would really appreciate any extra support from specially trained mentors; and for those IPP prisoners and licensees, this would be an invaluable extra crutch for support when staff cannot help them because they are too busy or it is not appropriate.

Finally, there is Amendment 148, the requirement for the IPP recall cases. This is a brilliantly important amendment. There is a new documentary coming out called “Britain’s Forgotten Prisoners”, which will have its world premiere at the Sheffield documentary film festival in June. It features Shirley Debono, that tireless, courageous campaigner, and her son Shaun. Part of the harrowing nature of it is that he dreads being recalled because he knows that it will mean another year or two in prison, because he cannot get a Parole Board hearing. For me, that amendment is very important and I will support it.