Criminal Justice and Immigration Bill

It is no more than that. I shall certainly be happy to write to noble Lords with further clarification on the technical matters. We believe that we have the balance right between the role of the Executive and the judiciary. The balance is achieved by the Secretary of State being able to take swift, preventive action, but the safeguards are in place to ensure that the decision taken by the Executive is open to challenge by the offender and is reviewed by an independent body. Clause 31 ensures that every life prisoner recalled to custody will be informed of the reasons for his recall and of his right to make representations against the recall. In addition, all recalled life prisoners will be referred to the Parole Board for the recall to be reviewed. If the board considers that an offender is safe to be released, the Secretary of State must release the offender. Those are the safeguards that are built in to this mechanism. Amendment No. 98 would require the authorities to secure the prior agreement of a High Court judge to recall a life sentence prisoner who has been assessed by the Probation Service as presenting an increased danger to the public. The concern is that that would make the recall process slower and more bureaucratic. On the construct of the Bill, we think that we have got the balance right between the need to take immediate action, on occasions, and the safeguards that are presented by the Parole Board and the representations that can be made to it. I hope that that is a constructive response to those points.