Legal Aid, Sentencing and Punishment of Offenders Bill

My Lords, as the noble and learned Lord, Lord Lloyd, and the noble Lord, Lord Goodhart, mentioned, IPP was identified long time ago as a train crash in waiting. I take pride that this Government have taken forward this reform. I note that, as always, there are those who say it does not go far enough—and that is the nature of reform. I was also pleased that there was a certain cross-examination of the noble Lord, Lord Beecham, because he is such a reasonable and likeable person that one would think he was going to slip past the responsibility that the previous Administration have to carry for bringing in these reforms. We are trying to disarm a time bomb and it has to be done in a careful and measured way. This afternoon, we have heard unanimity of views on prison reform. I have to say, in trying to argue the case for prison reform to both Houses and the public at large, it would be easier if the Labour Party, for which I retain a residual affection, had resumed some of its old and traditional campaigning for penal reform, instead of indulging in a kind of ““We’re tougher than you”” arms race with those who need to be convinced of the case. That is a fact of modern political life. The Labour Party of Sydney Silverman and Roy Jenkins is perhaps not here any more. Successive Labour Home Secretaries were very keen not have the term ““liberal”” attached to their term of office. Thus we face a problem such as IPP. We are trying to deal with the issue. The National Offender Management Service prisoner co-ordination group is chaired at director level. It certainly does not meet the catchiness of the request by the noble Lord, Lord Ramsbotham, for a named person, but that group is trying to manage the specific problem of IPP prisoners. The new specification for offender management, which will provide for the prioritisation of resources based on risk, will be phased in from April 2012. It means that the higher the level of identified risk or the likelihood of reoffending, the higher the level of service that will be provided. In particular, that will result in improved targeting of rehabilitative intervention for IPP prisoners. To take up the point made by the noble Lord, Lord Dholakia, the key rehabilitation stage for those prisoners is being able to demonstrate in open conditions or temporary release that they have learnt new behaviour. NOMS has identified special issues surrounding waiting lists for IPP prisoners who have been assessed as suitable to be held in open conditions. Work is under way to improve the speed of allocation to open prisons, and a temporary release policy is being reviewed to consider whether suitable prisoners might be given access to temporary release from closed prisons. The Government took the view from an early stage that IPPs must be replaced, and we have brought forward proposals in the Bill to do so. Once those provisions are commenced, no further IPPs can be imposed, even for previous offending. That is a major step forward. We are now concerned with those who have or will receive an IPP sentence prior to abolition. A range of amendments have been tabled on the subject, which we are now debating. The noble Lords, Lord Ramsbotham and Lord Thomas of Gresford, have tabled amendments proposing that the Parole Board release tests be changed. Their amendments also propose the conversion of current IPP sentences to automatic release sentences; that cases are referred back to the Parole Board every six months; and that the Secretary of State should be required to demonstrate that he has made programmes available to prisoners who are refused parole. The amendment from the noble Lord, Lord Wigley, proposes that those offenders should either have access to a relevant rehabilitation programme or that their sentence be rescinded. By that, I presume he means that they should be given automatic release if programmes are not available. The noble Lord, Lord Ramsbotham, and other noble Lords have asked through another amendment for the Government to plan release for those prisoners. I should make it clear that, as the statute stands, the Government could not implement any such plans, because the power to direct release would remain with the Parole Board. Again, a conversion to automatic release would be required. Let me start with the question of the conversion of IPP sentences. We do not think that it is right or appropriate retrospectively to alter sentences that were lawfully imposed by the court simply because a policy decision has now been taken to repeal that sentence. That is what would be required to make release automatic for those prisoners. Generally, sentences already imposed are not substantively altered by subsequent legislation. In this case, it would be particularly difficult, as the court would have to impose the sentence with risk management issues in mind. Several of the amendments relate to the availability of programmes for IPP prisoners. There is rightly concern that those currently serving IPP sentences should be supported in progressing their sentence and achieving release on licence. The National Offender Management Service is using a range of measures to improve the progression of those prisoners through sentence, including improvements in assessment, sentence planning, delivery and the parole review process. We continue to monitor outcomes to ensure that further improvements are identified and implemented. There have historically been issues concerning the timely assessment of offenders and the supply of the necessary level of interventions to meet demand. NOMS has already made significant improvements to increase the supply of rehabilitation interventions for this group: almost all IPP prisoners now have comprehensive needs assessments; better use is already being made of sentence plans to prioritise interventions for existing IPPs where the need is greatest; work is under way to ensure that programmes can be delivered more flexibly, supporting greater access and the inclusion of offenders with more complex needs such as learning difficulties; and a greater number of rehabilitative programmes have been completed. The Ministry of Justice has recently undertaken research into Parole Board decision-making in these cases to better identify barriers to release. The points that have come out of that research are now being taken forward by NOMS in its work on improving support for IPP prisoners. They are points that one might expect: good-quality risk management proposals for community life; evidence of sentence progression, including appropriate courses; and time spent in open conditions and on temporary leave. It is clear that courses are not the only issue for these prisoners, but it is one that we will continue to address, alongside others. A new specification for offender management, which will provide for the prioritisation of resources based on risk, will take effect from April 2012. Once embedded, this will result in the improved targeting of rehabilitative interventions for IPP prisoners. A key rehabilitation stage for these prisoners is being able to demonstrate in open conditions or on temporary release that they have learnt new behaviours. Work is under way to improve the speed of allocation to open prisons, and other measures are being looked into.