Victims and Prisoners Bill
Debate between Lord Garnier and Lord Bellamy(1 month, 2 weeks ago)
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Lord Bellamy (Con)
I thank the noble and learned Lord, Lord Hope of Craighead, for that point. It is certainly something I will take away when we come to consider the Government’s position.
Lord Garnier (Con)
I apologise, because I know my noble and learned friend wants to complete his speech, but I ask this question simply because I failed to hear. The action plan has been spoken of a lot during the course of this evening. Is that an existing document, and is it published?
Lord Bellamy (Con)
Yes, and yes.
On the basis that I accept, on behalf of the Government, the importance of this topic, I invite the noble Baroness to withdraw her amendment.
Criminal Jurors
Debate between Lord Garnier and Lord Bellamy(1 month, 3 weeks ago)
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Lord Bellamy (Con)
My Lords, speaking from the experience of a sometime, extreme lowly, recorder of the Crown Court, the first thing that one is taught as a criminal judge is to ensure the well-being of the jury. I am sure that all judges go out of their way to ensure that the jury is properly looked after—as do the court ushers and the jury bailiffs—and they are, generally speaking, warmly thanked for their participation. There will be occasions when further support is needed, and the Government are, as I said, planning trials and tests, later this year, to explore the options.
Lord Garnier (Con)
My Lords, I ask a question as an even more lowly recorder than my noble and learned friend the Minister—albeit that he and I have not carried out that role for some many years. Can I suggest to him that there is a practical way in which juries can be better appreciated, despite the good work of the court staff and so forth? Their accommodation is, frankly, hopeless. They sit for long periods, having to concentrate, on uncomfortable benches. They retire to pretty low-grade rooms, and those who are in the jury-in-waiting are accommodated in fairly poor-quality accommodation. Could my noble and learned friend see if the department can improve the jury accommodation, not just in the modern courts—they are a bit better—but in some of the older and more dilapidated courts?
Lord Bellamy (Con)
My Lords, I am happy to report to the House that the present Lord Chancellor secured a major financial injection from the Treasury, specifically to improve the court estate—which, in some areas, has been a problem, as my noble and learned friend has rightly pointed out. I am sure that at least some of that money will, rightly, go on improving accommodation for the jury.
Parole Board Recommendations: Open Conditions
Debate between Lord Garnier and Lord Bellamy(11 months, 1 week ago)
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Lord Bellamy (Con)
My noble friend makes a very fair point. That is a matter primarily for the Sentencing Council, but the Government will of course keep it under review.
Lord Garnier (Con)
My Lords, we long ago got rid of Home Office Ministers setting tariffs in life sentences because it permitted politics to become involved in the justice system. Can my noble and learned friend assure me that of the 76 decisions made by the Secretary of State rejecting a Parole Board recommendation, politics played no part whatever in any of them?
Lord Bellamy (Con)
My Lords, those decisions were all taken on the merits. I repeat that it is an operational matter which prison the prisoner should be in. That is quite distinct from the question of whether a prisoner should be released, which is the primary role of the Parole Board.
Parole Board (Amendment) Rules 2022
Debate between Lord Garnier and Lord Bellamy(1 year, 6 months ago)
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Lord Bellamy (Con)
In a sense, this is an inter partes procedure, with the Secretary of State on one hand and the prisoner on the other. The Secretary of State, like a party, is putting his view to the board. That is the single view that, in my submission, he is entitled to put.
While I am on the single view, this is likely to refer simply to the very top tier of cases, probably 150 to 200 cases a year out of the many thousands that the Parole Board deals with. It refers to very dangerous, highly sensitive cases of prisoners involving murder, serious violence and so forth. In those cases, it is thought right that the Secretary of State, through his representative before the Parole Board, should be able to present a single overarching view. That is a sensible approach which avoids confusion and uncertainty.
Nothing in any of these reforms prevents or limits the ability of the Parole Board to make the right decision or the ability of the relevant members of staff, whether psychologists, probation officers or whatever, to make the risk assessments or to put in whatever observations they wish within the assessment that they are required to make, except to make the relevant recommendation.
It is not a change that should in any way undermine the system. HMPPS staff will continue to provide reports to the Parole Board. Their reports will still contain the same detailed evidence and assessment of risk as before. The only omission will be a recommendation on what decision the report writer thinks the Parole Board should make. Far from undermining the Parole Board, the intention of these reforms is to draw a sharp distinction between the roles of those who provide evidence and those whose duty it is to assess the evidence and reach a decision. That is the essential background.
Lord Garnier (Con)
Does my noble and learned friend think it appropriate that a political Minister should be the conveyor of a single view—the only view—on a matter for quasi-judicial discussion?
Lord Bellamy (Con)
The Secretary of State has an overriding duty to protect the public. In that context, as the guardian of the safety of the public, he is entitled to present his view to the Parole Board, which then decides.
On the second point made by the noble Baroness in relation to the implications for the progression of offenders, the Government’s position is that there is no change. The rules by which prisoners progress through the system and their opportunity for release will continue to be assessed by the Parole Board, as they are at the moment.
On this occasion, I will not go into the open prison/closed prison issue, because that is not the subject of what we are discussing today. On the point we are discussing, this change in the rules about the recommendations, it is a very limited change and is fully in accordance with general principle. HMPPS will continue to provide comprehensive evidence to the Parole Board and factual evidence for the assessment of risk, as before.
Bill of Rights
Debate between Lord Garnier and Lord Bellamy
Lord Bellamy (Con)
It is always difficult to read parliamentarians’ minds; that is absolutely true. I think the noble Baroness is referring to Section 3 of the present Act, which specifically asks the court to rewrite legislation—to change what Parliament intended. That power is being repealed.
Lord Garnier (Con)
My Lords, I join others in welcoming my noble and learned friend to this House and to his new responsibilities as a Minister. With all due respect, I ask him to persuade his colleagues in government when advancing the cause of this particular legislation not to rely, when seeking to knock down Article 8 points, on factually inaccurate case law, such as that somebody was allowed to remain in this country because they had a relationship with a cat. Far too many of these silly examples are often used by Ministers to denigrate the European convention. It does not add to the advance of any discussion.
Can my noble and learned friend please tell me the policy reason behind why the provision in Clause 8(5)(c) describes a “qualifying child” of a person who is under threat of deportation to be someone who
“has lived in the United Kingdom for a continuous period of seven years or more”?
That suggests that a child under the age of seven who, although not a British citizen, has lived all their life in this country does not qualify as a qualifying child. That does not sound very civilised to me.
Lord Bellamy (Con)
If I may respectfully agree, this legislation should not be based on the kind of fairy tales which the noble and learned Lord just mentioned. As for this House, we will progress on the basis of the forensic and evidence-based analysis of the situation. I confess that, on the hoof, I am not immediately able to help him with Clause 8(5). If I may, I shall take that away and, if I am able and it is appropriate, come back to the House on the point he makes.