Sentencing Bill

Baroness Ludford Excerpts

Report stage
Tuesday 6th January 2026 Lords Chamber

[Lord Carter of Haslemere (CB)]

My Lords, I too strongly support the amendment moved by the noble and learned Lord, Lord Thomas. This amendment is the safest, best amendment on IPP prisoners we have seen so far. It would give an IPP prisoner a clear statutory steer as to what they have to do in order to secure release on licence. The prisoner would know that if they fulfil the board’s directions, they will be released on licence. It would give them a clear goal to aim for which does not currently exist.

If, therefore, the prisoner is serious about being released, this would be the best opportunity they have had so far. It would be heavily incumbent on the Prison Service to ensure that the IPP prisoner has access to any purposeful activity or other requirements set out in the Parole Board’s directions. This must be an absolute priority.

Above all, the final decision on whether it is safe to release the prisoner would rest with the Parole Board, as the noble Viscount, Lord Hailsham, has said. Proposed new subsection (6E) in Amendment 76 is the key provision, which is new and leaves the final decision with the Parole Board. That is what the Government, in resisting resentencing options, have said time and again must be the case: the Parole Board must have the final say. Well, here we are with this amendment, so what possible reason can the Government have for not accepting it? It is not good enough to say it will give IPP prisoners false hope. That is tantamount to saying that some IPP prisoners will never be released. This would be completely unacceptable.

This Government have responsibility for every day an IPP prisoner is detained and the despair that this causes. They must urgently consider every reasonable option for ending this disgraceful situation. This is the most reasonable option yet which is now on the table. It must be tried.

[Baroness Ludford (LD)]

My Lords, we have heard three excellent speeches in support of this amendment, which was again introduced most powerfully by the noble and learned Lord, Lord Thomas, as it was in Committee when he said, if I recall correctly,

“we will have … blood on our hands”.—[Official Report, 3/12/25; cols. 1803-04.]

if we do not do anything about this situation.

Article 3 of the European Convention on Human Rights, which I am glad to say the Government are still committed to, forbids

“torture or … inhuman or degrading treatment or punishment”.

But surely that is what the Government—the state—are subjecting IPP prisoners to. I would like to hear why the Minister considers that there is no breach of Article 3 in this case.