Terrorist Offenders (Restriction of Early Release) Bill
(Limited Text - Ministerial Extracts only)
Read Full debateWednesday 12th February 2020
(4 years, 2 months ago)
Commons ChamberRead Hansard Text Amendment Paper: Committee of the whole House Amendments as at 12 February 2020 (revised) - (12 Feb 2020)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
I beg to move, That the Bill be now read a Second time.
Twice in the past few months we have seen appalling and senseless attacks on members of the public by terrorist offenders. At Fishmongers’ Hall on 30 November last year, two bright and promising young lives were cut heartbreakingly short. The perpetrator, Usman Khan, had been released automatically halfway through a 16-year sentence for preparing terrorist acts. That tragedy was made so much more poignant by the fact that the victims were dedicated to the rehabilitation of offenders, and were helping people to get their lives back on track.
The attack in Streatham on 2 February this year came as a stark reminder of the risks when these sorts of offenders are let out automatically before they have served their full sentence in prison.
Michael Fabricant (Lichfield) (Con)
A number of people may question why we are rushing through this business in one day today, so may I ask my right hon. and learned Friend, if the business were not completed today and the Bill therefore not enabled as an Act, would it result in terrorists being released early in the immediate future?
Robert Buckland
The simple answer is yes; I am grateful to my hon. Friend for that intervention.
I was telling the House about the events in Streatham. Sudesh Amman had been released just one week before the attack, halfway through a sentence of three years and four months for offences related to distributing or promoting material intended to stir up religious hatred. The automatic nature of his release meant that there was no parole oversight and no decision as to whether he posed a risk to the public. No one could prevent his release. It is purely thanks to the swift intervention of our incredible police officers that he did not go on to commit even more harm before he was stopped with necessary force. The reality is that we face an unprecedented threat from terrorist offenders who are willing to commit random violence without any fear of the consequences.
Mr Tobias Ellwood (Bournemouth East) (Con)
I welcome the work that my right hon. and learned Friend has done in this area over the last few weeks, and that he is bringing the Bill before the House today. Will he concede that this form of jihadi extremism and the threat that it has posed has now been around us for almost 20 years, since the horrible attacks of 9/11 and, of course, Bali in 2002? I absolutely welcome the extra funding for our counter-terrorism police and rehabilitation and probation services—this is all very good news—but ultimately we have to ask ourselves why these people were indoctrinated in the first place. Does he agree that we need to do more to remove the harmful online content that is used so much to attract people to the dark place they go to?
Robert Buckland
My right hon. Friend speaks with particular personal experience of the Bali atrocity, and he is right to talk about the long-term nature of the threat, but it is a threat that changes and evolves, and this Government will be as fleet of foot as possible in responding to it. He will be glad to note that we are working at pace to deal with and remove inappropriate and hateful online content. The Home Secretary is by my side today to emphasise, in the most eloquent possible way, the joint approach that she and I, and our respective Departments—together with the security services and the police—are taking with regard to the first duty of Government: protecting the public. It is a grave responsibility from which we will not shirk, and we say that enough is enough.
Sir Desmond Swayne (New Forest West) (Con)
I am very glad about the tone my right hon. and learned Friend is taking. Were this measure to be challenged in our courts and the Government were to lose, that would be merely declaratory. But if it made its way to the European Court of Human Rights in Strasbourg and the Government were to lose there, the ministerial code would require him to abide by treaty law. Would he then entertain the prospect of a derogation from the convention on human rights?
Robert Buckland
I believe that the declaration that I make on the front of the Bill speaks for itself—
Sir Robert Neill (Bromley and Chislehurst) (Con)
Will my right hon. and learned Friend give way?
Robert Buckland
Well, I have not finished developing the point yet, but I will of course give way to my eager hon. Friend, the Chair of the Justice Committee, in time.
This is a Bill on which I have made the following statement:
“In my view the provisions of the…Bill are compatible with the Convention rights.”
I take the point made by my right hon. Friend the Member for New Forest West (Sir Desmond Swayne). I am not going to anticipate litigation in domestic courts or in Strasbourg, but I will repeat for the benefit of the record that it is my firm view that this Bill does not engage the provisions of article 7 of the European convention on human rights, because it relates to the way in which the sentence is administered, not a change in the nature of the penalty itself. I am grateful to him for allowing me to say that at this point.
Sir Robert Neill
I am grateful to my right hon. and learned Friend for giving way, because this is an important point. Will he confirm that, in coming to that conclusion and making that certification, he has taken the advice of senior Treasury counsel, and also that the case law has made it quite clear that the administration of a sentence is not part of the penalty? Finally, will he confirm that even were there to be successful litigation—which I do not believe will be the case—it would result only in a declaration of incompatibility, and could not strike down primary legislation?
Robert Buckland
My hon. Friend is right to remind the House that there is no power to strike down the primary legislation. I am afraid that I will not indulge him in a direct answer as to the nature of advice that may or may not have been tendered, and he knows the reasons why. However, I reassure him that all the proper mechanisms have been employed and engaged in the preparation of the Bill, and that on the basis of all the information received, I was able—with high certainty—to make the declaration on the frontispiece.
Sir John Hayes (South Holland and The Deepings) (Con)
My right hon. and learned Friend will remember that we worked together on these matters when I was in the Government. He is right to speak about the metamorphosis of terrorism. Will he confirm—indeed, these provisions underpin this—that we must never let the persistent and perverse advocacy of the rights of murderous individuals compromise either the work of our security services or public faith in the rule of law?
Robert Buckland
My right hon. Friend speaks with considerable experience, as we worked together on the Bill that became the Regulation of Investigatory Powers Act 2000, which rightly struck the balance between the need to protect the public and the need to make sure that the rule of law was respected.
That gives me a chance to warm to a theme that I make no apology—
Robert Buckland
I will give way in a moment. I am warming to a theme—let me warm!
The theme is this: in our fight against terrorism—in our determination to protect the public against those who spread hate, division, death and injury, irrespective of what might motivate them, because we know that we have a cohort of different types of terrorist—we are defending something of value. We are defending a democratic, free society. We are defending the rule of law. We are defending the values of this place and, indeed, the values of all the people we have the honour and privilege of representing. That is something worth defending. By using due process, we mark ourselves out as distinct from, better than and different from those who seek to divide us.
Sir William Cash (Stone) (Con)
Is my right hon. Friend in receipt of advice from the Law Officers on this question? I say that because whatever arguments he may address with regard to compatibility and his statement on the front of the Bill, the reality is that this could easily end up in the courts if they can possibly manufacture an argument. I want to be quite clear that his advice relates to action in the courts and not just to incompatibility.
Robert Buckland
I can assure my hon. Friend that all the usual processes were followed. I am not going to go into the weeds of what the Law Officers might have said. We know that they have a particular function when it comes to the necessary clearances for the introduction of a Bill. I can assure him that those processes have been followed and that the issues that he rightly outlines—and, indeed, presages through his amendments—are very much uppermost in our considerations.
Seema Malhotra
Recent events have indeed shown the need for a review through this legislation, which I certainly support, and which has the appropriate safeguards and implementation measures that will be debated today.
The Lord Chancellor made a point about the victims. Somebody who had done work experience in my office was a witness on that day as they were working at Fishmongers’ Hall. The impact not just on those who were injured or killed, but on those who were there and their families, has been tremendous, and continues.
The provisions in the Bill change the release point for offenders who have committed a relevant terrorism offence and refer those offenders to the Parole Board at the two-thirds point of the sentence. I think we can understand and acknowledge that the resources available to the police and probation are also a critical part of this. A change in legislation will not be enough. Is the Lord Chancellor also committed to making sure that the resources required through the justice system will be in place to make any change effective on the ground?
Robert Buckland
Indeed, I pay tribute to everybody who was not only involved with but witnessed those awful events at Fishmongers’ Hall.
The hon. Lady and I served together on the Justice Committee for some time, and I know that she has a long-term interest in these issues. She is right to ask about resources. Some weeks ago, when it was announced that we would be introducing a counter-terrorism Bill, extra resources of £90 million for counter-terrorism activity were announced, additional to the overall package of £900 million of support for counter-terrorism. With regard to what we are doing with probation and the interventions that she referred to, again we announced extra resources, with a doubling in the number of specialist probation officers and the introduction of more expert psychiatric and imam involvement. She can rest assured that whatever resources are needed in order to deal with this issue, we will devote them to this particular line of important, intensive work.
Theo Clarke (Stafford) (Con)
The Staffordshire-born convicted terrorist Usman Khan was let out of prison early on licence. Last November, less than a year after his release, he killed two young people near London Bridge. Does the Secretary of State agree that this illustrates why this Bill is so important to protect the public in my constituency and across the UK, and to ensure that the most dangerous criminals serve the prison time that they deserve?
Robert Buckland
My hon. Friend rightly points out the sad local connection to that appalling case last year. I know that she shares my—and indeed, I think, the whole House’s—commitment to maximum effort when it comes to protecting the public. It is clear that we must put a stop to the current arrangements whereby a dangerous terrorist can be released from prison by automatic process of law before the end of their sentence, so we must do so as quickly as possible.
Mrs Maria Miller (Basingstoke) (Con)
I warmly welcome the legislation that has been put before the House today. The Secretary of State is talking about resources. Will he outline any estimates he has made of the number of individuals who might be covered by this legislation so that we can perhaps understand the impact that it could have had on our police forces if those individuals had been released from prison early?
Robert Buckland
The number of offenders, either terrorist offenders or offenders who have committed offences with a terrorist link, is about 50. That does not sound like a large cohort, but in this particular situation of extreme gravity, we cannot afford to allow any further incidents to happen. I have spoken about the need to minimise risk; that does not mean that we can eliminate risk. That is why this emergency measure is, in my judgment and the judgment of the Government, absolutely necessary if we are to meet the concerns of my right hon. Friend and other hon. and right hon. Members.
Mrs Theresa May (Maidenhead) (Con)
My right hon. and learned Friend raises the issue of risk. He and the Government are absolutely right to be addressing the question of the automatic early release of terrorist offenders, but terrorist offenders will still be released at some point. That is why rehabilitation—the work that is done both in prison and when they are out of prison—is so important. There have been many efforts at this over the years, but, as recent incidents have shown, not always with success. Does he agree that we will never deal with the issue of terrorism until we deal with the ideology that drives it? Will he reassure me that the Government are making extra efforts to find new paths to ensure that we can turn people away from the extremism and terrorism that takes other people’s lives?
Robert Buckland
My right hon. Friend speaks with unparalleled experience of these issues, both as Home Secretary and as Prime Minister. I can assure her—I will develop these issues later in my speech—that there is a constant self-questioning among those responsible for these programmes to make sure that they are properly calibrated, that they understand the particular drivers that compel people to commit these acts, and that the distinctions between the different types of offender are fully understood; from her own case experience she will know of myriad motivations. Rather than taking a blanket approach, a case-by-case analysis is very much at the heart of how we approach these matters.
Henry Smith (Crawley) (Con)
My right hon. and learned Friend is absolutely right that this legislation ending the automatic halfway point of release is the correct thing to do. The Parole Board obviously still has a very important role in this process. What reform of the Parole Board does he envisage to make it more accountable, because that is a key aspect of ensuring that citizens are kept safe from those who would cause them harm?
Robert Buckland
My hon. Friend will be reassured that a lot of ongoing work continues with regard to the role of the Parole Board. Very recently, reforms were introduced that allow me to ask the Parole Board to reconsider important decisions that it makes with regard to the release, or early release, of offenders. A tailored review is currently being undertaken to make sure that its work is as practically effective as possible.
In our manifesto, we committed to a root-and-branch review, to ensure that victims are aware and as involved as possible from the outset and that the sharing of intelligence and information between the security services, the police and the Parole Board is as thorough and comprehensive as possible, so that the fullest and most appropriate assessment of risk can be made. In the area of counter-terrorism, nothing can be more important than ensuring that that intelligence is shared and that those who handle it have the appropriate clearances and expertise to make the necessary assessment.
Kate Green (Stretford and Urmston) (Lab)
The Lord Chancellor rightly mentions the need for resources to support this new legislation, because most of these offenders will eventually be released, albeit later, into the community. The issue is not just one of resources; it is also one of process and expertise, because the recall provisions that are in place now could have been of use in the cases that we have seen in recent months. Can he assure me that the Government are also looking at training and process and that any reforms needed—for example, to recall processes—will be properly put in place to support this legislation?
Robert Buckland
The hon. Lady, with whom I served on the Justice Committee, is right to talk about risk assessment and the recall process. She knows that the recall process can be triggered on arrest, and certainly on charge, and that is regularly done in the normal course of events. When it comes to multi-agency public protection arrangements, I think she will note with pleasure that, only three weeks ago, the Home Secretary and I ordered a review to be conducted by Jonathan Hall QC, the Government’s independent reviewer of terrorism legislation. He will look at MAPPA with regard to this high-risk, high-level sector of the cohort, to ensure that we are getting it right and that the appropriate expertise is deployed at the right time in order to make the finest judgment with regard to risk.
Bob Seely (Isle of Wight) (Con)
If I understand it correctly, there are about 220 people serving time for terrorist offences, 50 of whom will be affected by this legislation. Is that because those 50 are up for imminent release within the next few months? Does this legislation in principle apply to all 220 people in prison for terrorist-related offences?
Robert Buckland
The cohort of around 50 are due for automatic early release; the rest will be subject to Parole Board assessment. Different types of sentence are available. We are talking about people on standard determinate sentences. Other types of sentence include extended determinate sentences. Some may still be on the historical IPP—imprisonment for public protection—regime, and there are also sentences for offenders of particular concern, or SOPC. Forgive me for the alphabet soup, but I am afraid that criminal justice sentencing legislation has not been the easiest matter for us to deal with, either as legislators or when I was a practitioner in this area.
Dr Julian Lewis (New Forest East) (Con)
I am grateful to the Lord Chancellor for giving way; he is being hugely generous. Does he accept that, while a lot of these people are terrorists and criminals, a significant number of them are clearly insane? The people who were in jail with the latest perpetrator said that that individual was plainly off his head. He had a history of drug abuse, and mind-altering substances clearly played a role. Why is it that if people are secular and insane, they will be locked up indefinitely, but if they can ascribe this to some sort of religious motive, we feel we have to give them a finite sentence and release them, when they might run amok at any stage?
Robert Buckland
As ever, my right hon. Friend makes an interesting and thought-provoking point. While I will not go into the individual facts of this case, because it is subject to a police investigation and there is an ongoing inquiry, I will say this. The judgment as to a mental health disorder within the meaning set out in the Mental Health Act 1983 is a matter for two section 12 qualified clinicians—consultant psychiatrists—who will produce clinical evidence that will satisfy a court of the provisions of section 37 of the Act or, indeed, a restriction under section 41, which puts the power of release into my hands. That has to be satisfied on the basis of evidence.
It is important to make a distinction between that clinical approach and the risk assessment that we have to undertake when it comes to those who profess political motivation. It is thought-provoking in the sense that we need to think about a mechanism that would be robust and legally sound but would allow an objective assessment to be made about the risk posed by individuals, even after their sentence has been completed. Public protection has to come to the forefront of our thinking.
I will now describe what we have done operationally since the attack at Streatham. The Prison and Probation Service has taken immediate action to strengthen our operational grip of terrorist offenders and protect the public from any further attacks. The National Probation Service is working closely with counter-terrorism partners. Several offenders on licence have been recalled to prison since the attack, where officers identified concerning behaviour, which relates to the point made by the hon. Member for Stretford and Urmston (Kate Green). We have also instructed prison governors to report any concerns and take any action required. Several terrorist prisoners have subsequently been placed in segregation units as a result of concerns raised by prison staff. The Prison Service is managing the risk of incidents in prisons that may be inspired by, or in response to, the attack at Streatham.
I would like to put on record my thanks to Ian Acheson for his 2016 report on our response to extremism in prisons. In the intervening years, the operating context has changed, and our response has strengthened considerably, but we must go further. We will take all additional steps necessary, including keeping the full list of recommendations in Mr Acheson’s internal report under careful review.
However, we need to take further action urgently to ensure that the public are protected. As we saw in the Streatham attack, we cannot have a situation where an offender—a known risk to the public—is released without any oversight by the Parole Board. The Bill therefore sets out new release arrangements for prisoners serving a sentence for a terrorist offence or an offence with a terrorist connection. There are two main elements to that: first, to standardise the earliest point at which they may be considered for release at two thirds of the sentence imposed; and secondly, to require that the Parole Board assesses whether they are safe to release between that point and the end of their sentence. That will apply to all terrorist and terrorist-related offences where the maximum penalty is above two years, including those offences for which Sudesh Umman was sentenced. Only a very small number of low-level offences, such as failure to comply with a police cordon, are excluded by this threshold, and prosecution and conviction for those offences are rare.
The changes affect those who are serving sentences for a specified offence, whether the sentence was imposed before or after the new section comes into force. Applying this to serving prisoners reflects the unprecedented gravity of the situation we face and the danger posed to the public. The Bill will not achieve its intended effect unless it operates with retrospective effect, and therefore it will necessarily operate on both serving and future prisoners. That does not mean that the Bill will change retrospectively the sentence imposed by the court; release arrangements are part of the administration of a sentence, and the overall penalty remains unchanged. As I outlined earlier, domestic and ECHR case law supports our stance that article 7 is not engaged where the penalty imposed by the court is not altered. The measures in the Bill will also amend the release arrangements for terrorist offenders sentenced in Scotland, which will ensure a consistent approach where possible to the release of terrorist prisoners.
James Brokenshire (Old Bexley and Sidcup) (Con)
I commend my right hon. and learned Friend for the introduction of this legislation and dealing with the issue of early release. May I come back to him on a point I have raised previously about how we manage the risk of people who have offended once they have left prison, and about using the availability and enforceability of post-release conditions, and indeed the terrorism prevention and investigation measures regime and its potential application, to give a sense of assurance? Can he comment any further on the next steps and how this can be progressed, because this is clearly an issue that will need to be addressed?
Robert Buckland
I am hugely grateful to my right hon. Friend, who, as the House will know, was a distinguished Security Minister and Northern Ireland Secretary, and had to deal with these issues daily. I will say this to him: he will know that the counter-terrorism Bill, which was announced some weeks ago, will be coming before the House soon. There will be measures in it not only on the minimum term to be served for serious terror offences, but on the way in which licence periods will be applied as part of such a sentence. That is clearly one of the most effective ways to deal with this problem—through the criminal prosecution and conviction process.
My right hon. Friend makes a wider point. He will know from having navigated through the House the TPIMs legislation, which has been subsequently strengthened and amended, that there are other circumstances in which public protection will have to play a function in the absence of a conviction. It is on that particular cohort that the Government are placing a lot of attention and concentration. It would perhaps be idle of me to speculate by outlining what precise forms those will take, but it is a dialogue that I encourage him actively to take part in over the next few months and it is something I would want to develop with support from all parts of this House.
Sir William Cash
At this stage in the debate, and trying to avoid our having what might otherwise turn into an argument about the law in court, may I ask my right hon. and learned Friend whether the case of del Río Prada has actually been taken into account? Does he know if that has been taken into account, because it was about policy and administration?
Robert Buckland
My hon. Friend will be glad to know that not only has it been taken into account, but I have read it. It is a 2013 authority from the Strasbourg Court that relates to a particular set of circumstances involving the Kingdom of Spain. There have been subsequent cases both before that court and, indeed, domestically. In summary, we are satisfied, on the basis of all the information we have, that the provisions of article 7 are not engaged in this respect.
Sir Robert Neill
My right hon. and learned Friend is making a most compelling case for this legislation. For the sake of completeness, I am sure he will also have read and taken into account the subsequent cases in the Strasbourg Court of Abedin in the United Kingdom in 2016 and of the Supreme Court in Docherty in 2017—both subsequent to del Río Prada—which it seems to me support the Government’s contention.
Robert Buckland
I say to my hon. Friend, as I am sure he has heard many times in court, that his submissions find great force with the Government and we are persuaded by them.
Gavin Robinson (Belfast East) (DUP)
It is very clear that the Lord Chancellor is carrying the House with him this afternoon, and all of us are seized of the necessity of bringing forward this Bill at this time and as quickly as possible. However, it is acknowledged that there are serious concerns and issues about the engagement of article 7—I think he has an entirely justifiable position—and that we are bereft of the detailed pre-legislative scrutiny that we might otherwise have had; that is a consequence of the situation we find ourselves in. Given that, has the Lord Chancellor given any consideration to injecting a review mechanism into the Bill?
Robert Buckland
I am very grateful to the hon. Gentleman. In fact, I think it is right to say, in the context of Northern Ireland, that we have given such careful consideration to the engagement of article 7 that we have chosen not to extend the legislation to Northern Ireland. The way in which the sentence is calculated and put together by the Northern Ireland courts does cause potential issues with regard to engagement and therefore potential interference with the nature of the penalty itself. I think that is actually very important in this context: it is real evidence of the fact that the British Government have thought very carefully about the engagement of article 7, and have not sought to take a blanket approach to all the various jurisdictions within the United Kingdom.
I hear what the hon. Gentleman says about a review mechanism. He will be reassured to know that a counter-terrorism Bill is coming forward that will cover all parts of the United Kingdom. There will be an opportunity on that Bill to debate and analyse further long-term proposals. Inevitably, the status and provisions of this Bill—I hope, by then, an Act of Parliament—will be part of that ongoing debate. I am confident that, through the mechanisms of this House, we will be able to subject these provisions to post-legislative scrutiny in the way that he would expect.
Jeremy Wright (Kenilworth and Southam) (Con)
My right hon. and learned Friend has mentioned the effect of this legislation that will keep terrorist prisoners in custody for longer, and he has rightly paid tribute to prison imams, who maintain religious interventions for those whose motivation for their terrorist offending is at least claimed to be religious. Can he reassure us that, given the extra time in custody that many of these prisoners will now serve, such effective and in many cases very brave interventions by prison imams will be given the extra time available to take further effect?
Robert Buckland
My right hon. and learned Friend the former Attorney General speaks with great experience and knowledge of these matters. He is absolutely right to focus on the specialist intervention of our imams. I think I referred to the fact that we are going to increase resources and increase the number available within our prisons. Both the Home Secretary and I have seen at first hand the partnership working that goes on within the high-security estate when it comes to dealing with these particular challenges. It is precisely that type of specialist intervention that he and others can be confident we will be supporting in the years ahead.
I was going on to explain the extension of parole release to those who serve standard determinate sentences and other transitional cases currently subject to automatic release. In line with the normal arrangements for prisoners released by the Parole Board, the board will set the conditions of an offender’s licence for this cohort when they are released before the end of their sentence. The Parole Board, as I outlined earlier, has the necessary powers and indeed the expertise to make risk-based release decisions for terrorist offenders. The board currently deals with terrorists who serve indeterminate sentences, extended sentences and sentences for offenders of particular concern—the “SPOCs”, as they are colloquially referred to.
There is a cohort of specialist Parole Board members who are trained specifically to deal with terrorist and extremist offenders. They are, in effect, the specialised branch of the board that will be used to handle these additional cases. They include retired High Court judges, retired police officers and other experts in the field, all of whom have extensive experience of dealing with the most sensitive and difficult terrorist cases. Due to the nature of the emergency legislation, I have proposed that the provisions cover England, Wales and Scotland.
The justification for this emergency, retrospective legislation—out of the ordinary though I accept it is—is to prevent the automatic release of terrorist offenders in the coming weeks and months. Given the risk that this cohort has already shown they pose to the public, it is vital that we pass this legislation rapidly before any more terrorists are automatically released from custody at the halfway point. Therefore, we are aiming for this legislation to receive Royal Assent before the end of the month. With the support of this House, I am confident that we can do that. I commend the Bill to the House.
Nick Thomas-Symonds
I took part in a long debate on sentencing in the last Parliament with the then Minister of State for Security and Economic Crime, now the Secretary of State for Defence, and a number of sentences were increased. In her intervention on the Justice Secretary, the former Prime Minister pointed out —very fairly, I thought—that there has been an issue with the success of de-radicalisation programmes in recent years. Length of a sentence is one matter, but, whatever the length, the programme must be targeted and effective—I will come on to that point in a moment.
We are here to discuss emergency legislation, but there is also an emergency in resources. The Leader of the House indicated yesterday that the Treasury has approved additional resources for the extra time that prisoners will spend in custody as a consequence of the Bill, as well as for the Parole Board. Clearly, however, there must also be a specific and dramatic increase in resources to tackle extremism in our prisons.
But this is not just about resources—my hon. Friend the Member for Stretford and Urmston (Kate Green) made a point about process and expertise, and she is absolutely right—and a strategic approach from the top will be required.
The Justice Secretary made it clear that there is no need for derogation from the European convention on human rights, and he set out the Government’s legal position on article 7. Labour Members firmly believe that we can tackle terrorism and proudly remain signatories to the European convention on human rights. In our view, to leave that convention and join Belarus as the only European non-signatory would send a terrible signal to the rest of the world. We should never sacrifice the values that we are defending in the fight against terrorism and hatred.
Those who perpetrate hatred and violence are responsible for their actions, but it is for the Government to do everything they can to keep our streets safe and minimise the risk of something like this ever happening again. The House is therefore entitled to ask why we have ended up requiring this Bill to be passed via emergency legislation. Automatic early release is hardly new. It has been part of our system for many years, and could already have been dealt with by a Government who took a more strategic approach.
There have been a number of warning signals over the past decade. In his opening remarks, the Justice Secretary mentioned Ian Acheson, a former prison governor who led a review of Islamist extremism in our prisons, probation and youth justice system, which was published in August 2016. Mr Acheson said:
“What we found was so shockingly bad that I had to agree to the language in the original report being toned down…There were serious deficiencies in almost every aspect of the management of terrorist offenders through the system…It was a shambles.”
Mr Acheson proposed 69 recommendations that, according to the Justice Secretary when speaking to the media over the weekend, have been consolidated into a total of 11, eight of which are being implemented. However, in a newspaper article last Thursday Mr Acheson said:
“As part of my review of prison extremism, I made a great number of recommendations that specifically related to a tactical response to a terrorist incident in prison where staff were targeted. I have no way of knowing if or how many were implemented as none made it into the response published by the Ministry of Justice.”
That was only days ago. I do not know whether the Justice Secretary has met Mr Acheson since last Thursday—[Interruption.] I am happy for him to intervene.
Robert Buckland
The hon. Gentleman makes an important point. I have not met Mr Acheson since last Thursday, but I have met him. Indeed, I took part in a documentary that he produced for Radio 4 a few weeks ago, before the latest attack. His engagement has been valued. I will not go into the precise circumstances in which the report was consolidated, because in essence it contained some sensitive matters that we all understood could not be published.
The hon. Gentleman is right to talk about 2016. We accepted what Mr Acheson said, but things have moved on a long way since then, and the problems that were identified are being tackled directly. We accept that there is still more to be done, but the hon. Gentleman will be glad to know that we have moved on in the four years since that report.
Nick Thomas-Symonds
I will come on to whether things have moved on in a moment when I explore what the Chief Inspector of Prisons says about that issue. Last Thursday, however—only days ago—Mr Acheson was clearly unsure of the Government’s position. I hear what the Justice Secretary says about what is in the public domain, which is entirely appropriate. One would hope, however, that someone who led a review for the Government would know four years later whether specific recommendations had been acted on. I also accept what the Justice Secretary says about appearing in a documentary, but I strongly suggest that he meet Mr Acheson fairly urgently, to discuss those matters about which Mr Acheson is not sure, so that they can be cleared up.
Robert Buckland
I should have added that I have offered Mr Acheson a full briefing from Her Majesty’s Prison and Probation Service on those issues, and it has been accepted.
Nick Thomas-Symonds
I am pleased to hear that, and I hope we will never again be in a situation where someone who led a review is not aware of what is going on years later. That simply cannot and should not happen, as I am sure the Justice Secretary would agree.
There are concerns about the Ministry of Justice listening, and the extent to which justice has been a priority for the Government over the past decade. The coalition Government chose not to make the Ministry of Justice a protected Department when they implemented spending cuts That led to 40% cuts over the past decade, including to the prisons that today we expect to play a vital role in offender management. We know that 21,000 police officers disappeared from our streets, and prison officer numbers have been slashed. There are currently 18,912 front-line prison officers, which is not yet back to 2010 levels. That loss of prison officers has not just reduced the capacity of prisons to deal with rehabilitation; it also means that years of experience of working in challenging environments in our prisons have been lost.
In 2019, 35% of prison officers had been in post for less than two years, compared with just 7% in 2010. I do not mean that those officers are not doing their best in difficult circumstances, but the Government needlessly threw away valuable experience in our prisons.
Sir Robert Neill
That is an interesting point, but, with respect to my right hon. Friend, it is a wholly different consideration. There has been much debate on this point. The Select Committee has looked at it and urged that for certain offences, such as assaults on prison officers, there is often a compelling case, as a matter of public policy, for that to be charged as an additional offence, rather than be dealt with under the prison disciplinary rules, as is frequently the case. I am with him on that, but perhaps that is as far as we should take it today.
I have one final point about retrospectivity. Some learned commentators have raised concerns on the basis of the European Court decision in the case of Del Río Prada, but that case at most raises a tangential or speculative concern that there might be retrospectivity. The briefing from the Bingham Centre for the Rule of Law—I have a lot of respect for that centre, so it is right that I address it—says that arguably this could be regarded as falling foul of the principles; it does not come down hard and fast in that regard. The decision came after a particularly convoluted history of changes within the Spanish judicial system, which is utterly different from what we are doing. Subsequently, there have been decisions by the Strasbourg Court, in the case of the application of Abedin against the United Kingdom, and by the Supreme Court in the UK, in the case of Doherty, where the line of reasoning was much more consistent with the traditional stance we have taken ever since the House of Lords decision in the case of Uttley, which was that the changes to remission and early release provisions were part of the administration or execution of a sentence, not part of the penalty. That seems such a well-established principle that we ought to have confidence that we can act upon it in this case.
The Parliamentary Under-Secretary of State for Justice (Chris Philp)
I wholeheartedly concur with my hon. Friend’s analysis, but I just wanted to add one point. The Del Río Prada case touched on how concurrent sentences were calculated, which is wholly different from the matter before the House today.
Sir Robert Neill
My hon. Friend makes an important point. In legal parlance, I would say that is the most material consideration in distinguishing between those cases and the ones we are dealing with here. I hope that, having considered all those points, the House will be reassured on retrospectivity.
As other hon. Members have observed, it is important to recognise that this is a specific piece of legislation dealing with a specific and discrete problem; it does not mean we should not act urgently to deal with the broader issue of how we deal with this type of terrorism, which has developed in recent years; how we contain those who are deeply radicalised in prison; and how we prevent further radicalisation in prison—there is some concern that the Streatham attacker might still have been receiving radicalisation material while in prison. We need to look urgently at that and at the threat, which many of us have come across, of hard-line terrorist prisoners seeking to further radicalise more vulnerable inmates within the prison estate. That is an issue that Mr Acheson, who has been referred to favourably by many in this debate, addressed. I am glad to hear the Lord Chancellor has been in touch with Mr Acheson.
I share the view of the shadow Minister that Mr Acheson has a good deal more to give to this discussion. Things have moved on since his 2016 report, and he was a most compelling witness when he appeared before the Justice Committee in a previous Parliament, so it might be that we would like the benefit of his views again. I hope the Government will engage directly with him to see how, within the new context, we can continue to take on that and other expertise.
It is also right that we build upon the good work being done by the chaplaincy service in the form of the specialist imams. We have not perhaps given enough credit to the work of prison chaplaincy generally and of the specialist imams, who have a very difficult task to fulfil but do it most admirably. That is the impression I have got from those I have met. What more can we do to give them greater professional—pastoral, if you like—practical and professional support? This is an important area. I hope the Minister will confirm that we intend to continue that work and say what we can do to make sure that the many terrorist prisoners being held in high-security prisons like Belmarsh, near me in south-east London, are being held in a way that does not pose any further threat to staff, in terms of attacks—an issue that Mr Acheson dealt with—or any threat, either physically or in terms of further corruption, to other more vulnerable inmates with whom they might be serving.
In conclusion, this is an important Bill, and I hope the House will speed it through, but there is much more work to do. I will finish, though the Lord Chancellor is not now in the Chamber, by concurring with the shadow Minister on one final point: I, too, have been frustrated, as Chairman of the Select Committee, at the revolving door of Secretaries of State and Ministers who have appeared before us over the years, and I very much hope that the Lord Chancellor will stay in office very successfully and for many years. His handling of this delicate matter, including yesterday, has given him as good a claim as anyone to his office—and I, too, hope that that has not done too much damage to his career.
The Parliamentary Under-Secretary of State for Justice (Chris Philp)
It has been a great privilege to listen to so many extremely fine speeches this afternoon, but I would particularly like to pay tribute to my hon. Friend the newly elected Member for Crewe and Nantwich (Dr Mullan) for his excellent maiden speech. There was a great deal in it to think about. He touched on issues of identity, as the shadow Minister, the hon. Member for Torfaen (Nick Thomas-Symonds) has just said, but I was especially interested to hear about the worm-charming competition. I am looking forward to my hon. Friend the Member for Crewe and Nantwich demonstrating his worm-charming skills, whatever form they may take, in the Tea Room later.
However, we are clearly here to consider an extremely serious matter touching on national security and public safety, prompted by two terrible recent cases: the murders committed at Fishmongers’ Hall by Usman Khan on 30 November last year, and the attack by Sudesh Amman in Streatham on 2 February—a little over a week ago. It has become clear to the Government that the automatic release of some terrorist offenders after serving only half their sentence poses an unacceptable risk to the public, and that is why we are acting with urgency with this emergency legislation to end that happening.
The circumstances are, of course, exceptional. Many Members, including the Chairman of the Justice Committee and the hon. Member for East Lothian (Kenny MacAskill), a former Justice Secretary in Scotland, have said that this is not something that any Government would undertake lightly, but where we believe we have to act quickly and decisively to protect the public, we will do so.
Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)
The Minister is making an excellent speech on this important issue. I refer the House to the fact that I am a risk assessor with the Risk Management Authority in Scotland. Has he considered, or might he consider, the order for lifelong restriction? It is in place in Scotland for offenders who continue to exhibit a significant risk throughout their lifetime, and offenders can be recalled at any point.
Chris Philp
I thank the hon. Lady for raising such a thoughtful point. That certainly is something we would be prepared to study and consider, because we are always keen to learn from other jurisdictions. We will be bringing forward wider measures as part of a counter-terrorism Bill in the next few months. One provision we have in mind is greatly extending licence periods following release, which is in the spirit of what she suggested, so I thank her for her constructive proposal.
Bell Ribeiro-Addy (Streatham) (Lab)
I have heard Members throughout the debate talking about ending automatic release as if it was a new thing, but the Minister will be aware that the measure already exists in section 9 of the Counter-Terrorism and Border Security Act 2019. Is he confused, like me, as to why the change was not made retrospective then, because that legislation came in direct response to the terror attacks that happened throughout 2017? The Government could have made the change then, which Labour Members would have supported, as we did when they set up the Prevent review.
Chris Philp
Of course, the Government and Parliament think carefully about retrospection and rightly take a circumspect view. Several changes to sentencing have been made over the past five or 10 years, including the introduction of extended determinate sentences, whereby release at two thirds of the way through a sentence is a matter for the Parole Board following an assessment of dangerousness by the sentencing judge. Sentences for offenders of particular concern were extended a short time ago to include terrorist offenders who do not have an EDS or life sentence, and SOPCs include a Parole Board assessment at the halfway point. A great deal has been done in the past few years in this area, but the two recent cases, including, of course, the one in Streatham just a week and a half ago, underline the need to go even further than before, which is why this Bill is before the House today.
The number of offenders affected is small. As the Lord Chancellor said in his excellent introduction, only 50 offenders are involved, because all the rest are covered by other sentencing types. Even a small number of offenders, however, can cause a high level of harm, as we have seen, which is why it is important that we go further with today’s Bill. The next such offender is due for release by the end of the month, and that is why we are acting so quickly to ensure that legislation is in place prior to that release.
I thank Members from across the House, including the Labour spokesman, the hon. Member for Torfaen (Nick Thomas-Symonds), and the SNP spokesman, for the constructive and supportive tone of their speeches. This is a good example of Parliament working in a cross-party way in the national interest, and I am grateful for the approach they have taken today.
Some of the questions raised today touch on wider issues in this area, one of which is the question of resources, raised by the hon. Member for Torfaen in his opening speech. I confirm to the House once again that another £90 million will be spent on counter-terrorism policing next year, bringing the budget to £900 million. That very significant increase in resources was announced just a short time ago.
We clearly need to do more on the prison estate. Between 2017-18 and 2019-20, the prisons budget has increased from £2.55 billion to £2.9 billion, a 15% increase, and over the last three years there has been a welcome increase in the number of prison officers serving in our prison estate from 18,003 to 22,536.
Of course, we are also investing in the quality of the prison estate. The next financial year, which starts shortly, will see an extra £156 million invested in the prison estate’s physical condition, in addition to a £2.5 billion programme to build 10,000 additional prison places over and above the 3,500 currently under construction at Glen Parva, Wellingborough and Stocken.
Sir Robert Neill
The Minister is making a good speech, and I recognise the various measures the Government are taking to invest in the prison estate and in staffing. On the point made by the hon. Member for East Lothian (Kenny MacAskill), does the Minister also recognise the importance of a comprehensive policy to ensure the retention of experienced prison staff, as well as the recruitment of others, because they have particular skills and knowledge that are valuable in this field?
Chris Philp
The Chair of the Justice Committee makes a good point. It is important to retain experience in the prison officer establishment. Prison staff have long expertise and long experience, and the Prisons Minister, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer), is acutely aware of the importance of retention.
Many hon. and right hon. Members, including the hon. Member for East Lothian (Kenny MacAskill) and the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), have drawn attention to the importance of a comprehensive deradicalisation programme in prisons—the hon. Member for Birmingham, Perry Barr (Mr Mahmood) also made that point in his excellent speech. We are acutely conscious of the importance of that and of the need to do more. We have the theological and ideological intervention programme, the healthy identities programme and the deradicalisation programme in place, and I am sure there is more that needs to be done in those areas. My hon. Friend the Member for Isle of Wight (Bob Seely) touched on that in his speech, and I know the Prisons Minister would like shortly to take up his offer of a meeting to discuss exactly these issues.
Of course, it is equally important to make sure these offenders are properly monitored after release, whether on licence or otherwise. The TPIM regime was strengthened in 2015, and we always have multi-agency public protection arrangements where necessary. As we saw, those arrangements were effective in the case of Sudesh Amman. After he began his behaviour, it was a matter of seconds before the police were able to intervene, which is an example of MAPPA working well in practice.
In the few minutes remaining to me, I will address the question of retrospection, touched on by a number of hon. Members, including the hon. Member for St Albans (Daisy Cooper). It is our very firm belief, based on legal advice, that these measures do not contravene article 7. They do not constitute a retrospective change of the penalty, because the penalty is the total sentence. The penalty is the sentence handed down by the judge at the point of sentencing and, as my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) elaborated, a wide body of case law says that changing the early release point does not change the penalty. In fact, early release ameliorates the penalty—it reduces the penalty—so changing the early release point does not add to it. The Uttley case makes that clear, as do other cases that have come before the UK Supreme Court and the European Court of Human Rights.
I do not think the Del Río Prada case, in which the Kingdom of Spain was a respondent, is directly germane because it concerns the calculation of concurrent sentences and a change in how concurrent sentences are handled, which is obviously not the matter before the House today. The Government are clear that the Bill does not contravene article 7 and does not constitute a retrospective change to the penalty; it simply constitutes a change to how the sentence is administered.
Let me touch briefly on the point raised by my hon. Friend the Member for Stone (Sir William Cash), which I suspect we may debate more fully in Committee shortly. We do not believe that a “notwithstanding” clause is necessary, because we do not believe article 7 is contravened by this legislation—we can debate this more. We are also not wholly convinced that a “notwithstanding” clause would derogate our treaty obligations under the ECHR.
Chris Philp
I am conscious of time. I would be happy to give way in Committee to debate this at greater length. I very much look forward to hearing my hon. Friend’s further views on this and I would be happy to take an intervention in Committee, but I must wrap up in a minute or so.
The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) asked about the MAPPA review and the Prevent review. The MAPPA review is under way and is being led by Jonathan Hall, QC. The Prevent review has a statutory deadline of August 2020, which we intend to abide by. We will make further announcements about its progress—this will include appointing a new reviewer—as soon as possible.
Chris Philp
It is a Home Office matter, but I do not think work has stopped simply because of the issue with the reviewer.
In conclusion—
Madam Deputy Speaker (Dame Eleanor Laing)
Order. The hon. Gentleman has one and a half minutes, so it is alright.
Chris Philp
Madam Deputy Speaker, you are extremely kind. I thought I had about 10 seconds left.
I would like to use up my remaining one minute and 10 seconds, as it is now, by saying that although these are emergency measures designed to address a specific problem, we will of course be coming back with a much wider and more considered set of proposals in our counter-terrorism Bill in the next few months and in the sentencing White Paper. Many Members have spoken of the need to think widely and thoughtfully about these issues, and we will of course be doing so. Members will be pleased to hear that in the counter-terrorism Bill we will be seeking to impose a 14-year minimum sentence, with no prospect of early release, for the most serious terrorist offenders. We will also be thoughtful and considered about issues of deradicalisation. Of course, more resources are going into the system: 20,000 extra police officers; £85 million extra for the Crown Prosecution Service; and more Crown court sitting days in the coming year. This is an important emergency measure designed for public protection, and I am pleased to see that it commands support across the House.
Question put and agreed to.
Bill accordingly read a Second time; to stand committed to a Committee of the whole House (Order, this day).