I am grateful to the hon. Gentleman. The power in the clauses rests with the Secretary of State, acting in his capacity as Lord Chancellor and Secretary of State. Of course, Members of Parliament can put their representations to the Secretary of State, but the referral procedure to the upper tribunal will sit with the Secretary of State, not with individual Members of this House.
We are also proposing amendments to change the period at which those on imprisonment for public protection sentences qualify for their licence to be considered for termination. The Justice Committee published its report on IPP sentences in September 2022, and I thank it for its valuable insights. One of its recommendations was to reduce the qualifying period at which an IPP prisoner in the community is referred to the Parole Board for consideration of licence termination from 10 years to five years. I am pleased to say that, on reflection, Government new clause 26 will reduce the period from 10 years to three years, which we believe strikes an appropriate balance. It will also introduce a provision whereby, for IPP offenders who have reached the three-year qualifying period and the Parole Board has not already directed that the licence be terminated, the Secretary of State must direct that the IPP licence ceases to have effect after a further two years of continuous good behaviour in the community, which is defined as not being recalled to prison in that time.
Secondly, the new clause will remove clause 33(5) from the Bill in order to decouple the test applied by the Parole Board when considering whether to terminate an IPP licence from other Parole Board decisions in clause 33, such as whether to release a prisoner from prison. The test is replaced by that introduced in clause 47(2)(c), setting out a clear presumption for termination of the licence requiring the Parole Board to direct the Secretary of State to make an order that a licence is to cease to have an effect unless it is satisfied that it is necessary for public protection that that licence remains in force.
We are clear throughout that public protection must remain a priority, but that change in presumption—a rebuttable presumption—will mean that when the Parole Board considers a licence termination for an offender who has already been found safe to be released, it will approach that with the presumption in favour of terminating. I appreciate that does not necessarily go as far as my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) might wish—that is evidenced by his tabling new clause 1—but I believe that we have made reasonable and balanced progress. Of course, we will carefully consider any further recommendations.
Before I conclude, it is right that I highlight the amendments tabled by the Chair of the Home Affairs Committee, the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), in respect of the infected blood inquiry. I have considered carefully what she has tabled. She will appreciate that this is a matter for the Cabinet Office. In my opening remarks, I want to acknowledge the huge impact that that scandal has had on people—families and individuals—up and down the country. I do not propose to say much more at this point, because I want to come to that in some detail once I have heard her remarks in moving new clause 27. I have sought to be as comprehensive as possible in my opening remarks—I am grateful to the House for its indulgence—to leave time in my closing remarks to address specific points on that issue and others, once Members have spoken to their amendments.
I am grateful to all who have engaged with the Bill as it has progressed. I will listen carefully to the debate, and I look forward to responding. I commend the Government’s amendments to the House.