Criminal Justice and Immigration Bill

I support the amendment moved by the noble Lord, Lord Kingsland, and spoken to by the noble Earl, Lord Onslow. The fundamental point about the involvement of the judiciary, and not leaving it solely to the Executive, is important. As the noble Earl, Lord Onslow, indicated, there is no doubt as to the diligence and proper way in which these matters will be addressed by officials or, indeed, by a Secretary of State. Nevertheless, the issues require some form of judicial or quasi-judicial input and consideration. That is what I understand the amendments of the noble Lord, Lord Kingsland, to seek to achieve. Particularly on Clause 31, it is incumbent on the Minister to explain why the Government wish this measure, which would remove from the equation—at the initial stage of recall, anyway—the role of the Parole Board. The noble Lord, Lord Kingsland, has given a good analysis of the current situation. Secretaries of State are not currently fettered if in an emergency they wish to recall a prisoner on licence before the Parole Board has an opportunity to consider the particular case. That is currently open to the Secretary of State under Section 32 of the Crime (Sentences) Act 1997; although it is important to note that, in doing so, the Secretary of State must have regard to whether it is expedient in the public interest to recall without reference to the Parole Board. The concern on these Benches is that taking away that condition of having regard to the public interest and putting these matters entirely in the hands of the Secretary of State without prior reference to the Parole Board gives too much power to the Executive without proper oversight from either the judiciary or the Parole Board. That is not an appropriate power to be given to the Secretary of State. The important point for the Government to answer is what mischief, concern or problem they are seeking to address through this. Are the provisions under Section 32(2) of the Crime (Sentences) Act 1997 not adequate to address situations where there is a degree of urgency in recalling a prisoner—that is, revoking a licence and recalling someone to prison? Before we give that unfettered power to the Secretary of State, a case must be made for it. The best thing to do would be to leave the law as it is. However, if the Government insist on the clause in this Bill, the kind of judicial oversight proposed by the noble Lord, Lord Kingsland, would be an important check on the Executive. However, the Government have a duty to explain to the House the reason for Clause 31.