My Lords, in their respective absences, I am grateful to the noble Lord, Lord Marks of Henley-on-Thames, and my noble friend Lord Jackson for their amendments, which have been so ably spoken to by my noble friend Lady Lawlor and the noble Lord, Lord German.
I will turn first to Amendment 174A, tabled by my noble friend Lord Jackson. This would create a presumption for parole hearings to be conducted in public and a power for the Secretary of State, in effect, to direct a public hearing, contrary to any opposing view from the chair of the Parole Board.
The provision for public parole hearings was introduced by the Government in 2022 in amendments to the Parole Board Rules statutory instrument. This allows any hearing to be conducted in public if the chair of the Parole Board decides that it is in the interests of justice to do so. Prior to this, the rules required that all hearings be held in private.
Hearings are private by default, but applications for public hearings can be made by anyone directly to the Parole Board. The criteria used by the chair to decide applications have been published by the Parole Board on its website. The individual decisions are also published. Since the provisions were introduced in 2022, three public hearings have been held and a further five have been agreed by the Parole Board, which will be heard in the coming months.
The provisions are operating as intended, because the rule changes were made with the understanding that most hearings would continue to be held in private and only a small number of public hearings would be held. This amendment would, in effect, reverse that position, so that all hearings were public by default and a private hearing would take place only with the agreement of the Secretary of State in response to any representations made by the chair of the board.
The amendment also proposes that the Secretary of State should be the person to decide whether a hearing takes place in public. I am afraid I must push back on that idea. Noble Lords will be aware that the board is a quasi-judicial body which makes court-like judicial decisions. As part of its consideration of case, the board will decide whether an oral hearing is necessary or whether a case can be completed on the papers alone. If, having decided that a hearing is necessary, the board is then responsible for the arrangements, conduct and management of that hearing.
It would be out of step with the rest of the process if we gave the Secretary of State a power, in effect, to force the board to hold a public hearing against its
wishes. As the body responsible for the hearing, the Government believe that it is right that the board has the final decision on whether the hearing should be public or private.
I hope the Committee will accept that not all cases will be suitable to be heard in public; for example, because of particularly sensitive evidence or the concerns of the victims. It is vital that the risk assessment is not compromised, and witnesses are able to provide full and frank evidence to the board.
The current provisions in the Parole Board Rules mean that the board and the Secretary of State have to consider these issues only in response to an application. The amendment would require them to consider the merits and contact the victims in every single hearing—more than 8,000 cases a year. It would be an enormous administrative burden with very little obvious benefit to the parole system or to the individuals affected by it.
In conclusion, I recognise the disappointment and frustration that may be caused when a public hearing application is rejected, especially where the victim is the applicant. Public hearings are a comparatively new element of the parole system. The Government are committed to improving further the openness and transparency of parole. However, we submit that a complete reversal of the current approach is not merited at this time. On this basis, I hope that Amendment 171A can be withdrawn.
I turn to Amendment 171B, tabled by the noble Lord, Lord Marks of Henley-on-Thames, and spoken to by the noble Lord, Lord German. This seeks to allow the Parole Board to direct the period of time which should elapse before a subsequent application to be considered for release can be made. As things stand, under the Crime (Sentences) Act 1997, the Secretary of State has ultimate responsibility for referring a prisoner’s case to the Parole Board within two years of the previous review.
This amendment would transfer this responsibility to the board and allow them to set the interval between reviews of anywhere between 12 months and five years. The current system already provides for flexibility in the time set for the prisoner’s next parole review. His Majesty’s Prison and Probation Service—HMPPS—considers a range of factors in deciding when to refer the prisoner to the Parole Board on behalf of the Secretary of State. Reasons must be given for the length of the interval between reviews. These include the Parole Board’s reasons for declining to direct the prisoner’s release at the conclusion of the last review and the interventions required to allow them to progress.
Giving responsibility for setting the period between parole reviews to the Parole Board could potentially result in hearings being set too soon, before interventions have been able to take effect, increasing the number of adjournments and causing further distress for victims. This is not to say that the board does not play an important role. Its insights provide valuable information for HMPPS staff, but HMPPS is best placed to make these decisions.
There is then the question of what the period between hearings ought to be. This amendment aims to increase the maximum interval from two to five years. I fully understand why this is being proposed,
but it might be helpful if I outline why it would not be lawful; the noble Baroness, Lady Prashar, has already referred to this. Where indeterminate sentence prisoners have served their tariff—that is the minimum term set by the judge at sentencing—they are then eligible for a parole hearing. Unless the Parole Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined, they will remain in prison. If they are not released, my advice is that subsequent reviews must be conducted speedily and at reasonable intervals to satisfy the requirement of Article 5(4) of the convention. I note and take on board the comments of the noble Baroness, Lady Prashar, in this connection.
I appreciate the motivations at play here. Parole reviews can be difficult for victims. I sympathise with the desire for a longer interval between reviews. I stress to the Committee that the Government always consider victims where the parole system is concerned. I hope we have demonstrated this principle in other measures we have taken. We understand the points raised by the noble Lord, Lord German, that, in essence, greater transparency of the parole system is inextricably linked to the involvement of victims.
Since October 2022, victims have been able to observe Parole Board hearings, as part of a testing phase currently running in the south-west. The testing has now progressed to include the Greater Manchester probation region. During the hearings, victims are supported by a Probation Service victim representative, who discusses the parole process with them. Their VLO will ensure that, if appropriate, they are signposted to relevant support following the hearing.
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We completely recognise that it can be traumatising for a victim to hear evidence that is explored during a parole hearing. That is one reason why we are conducting a small-scale testing phase, to make sure that we get the processes and support arrangements right. Our priority is to ensure that victims can observe the hearing in a way that is safe and comfortable for them, while not compromising the Parole Board’s ability to conduct a fair and rigorous assessment of risk.
I hope that those comments are of help. For the reasons that I have outlined, I hope that my noble friend, on reflection, will not feel compelled to press the amendment.