Imprisonment for Public Protection Sentences

Ian Byrne Excerpts

Thursday 27th April 2023 Westminster Hall

[Ian Byrne (Liverpool, West Derby) (Lab)]

It is an honour to serve under your chairship, Mr Twigg, and I thank the hon. Member for Bromley and Chislehurst (Sir Robert Neill) for securing this incredibly important debate, on an issue that affects so many people, as we have heard today. The hon. Member has worked hard to fight this injustice. To be honest, it has been an absolute privilege to stand here today and listen to the contributions from all Members. It has been a fantastic debate so far. I am going to reinforce and possibly repeat what has been said today. It is important that I do so on those of my constituents who are affected.

The hon. Member for Bury North (James Daly) said that this is a national scandal. I am chair of the all-party parliamentary group on public accountability, and we have seen some scandals instigated by the state. Unfortunately, this is another such scandal, and it needs to be resolved.

I speak today on behalf of several families in my constituency of Liverpool, West Derby who have been affected by IPP sentences and who have been in touch with me. I recently wrote to the now, thankfully, former Secretary of State for Justice, the right hon. Member for Esher and Walton (Dominic Raab), regarding the many issues associated with these sentences, and requesting a response. I take this timely opportunity to restate those asks, in the hope that the newly appointed Secretary of State for Justice, the right hon. and learned Member for Cheltenham (Alex Chalk), will be able to take them up accordingly.

The principle of IPPs, together with the poor drafting of the legislation, has resulted in those who committed less serious offences that never previously carried a life sentence receiving sentences that were never intended for them, as has been mentioned throughout the debate. It was predicted that about 900 people would receive IPP sentences, but they were actually given to more than 8,000 people.

In addition, prisons did not and still do not have adequate rehabilitation services, so prisoners are not able to access the interventions they need to demonstrate that they are no longer a risk and can be released. Like many other elements in this wretched piece of legislation, that defies belief.

In 2012, the European Court of Human Rights held that the failure to make appropriate provision for rehabilitative services for three prisoners serving IPP sentences breached their rights under article 5 of the European convention on human rights. The cumulative impact of IPP sentences on individuals’ welfare and their families is well documented and has been detailed today. Indeed, the then Government Minister described it in a 2010 session of Justice Questions as “not defensible”. My right hon. Friend the Member for Hayes and Harlington (John McDonnell) voted against the legislation. He is always on the right side of history.

Even though the sentences were abolished in 2012, that provision does not apply retrospectively, as has been said, and so the impact continues for thousands of families. The mental health element is absolutely crucial. The mental health crisis among IPP prisoners is rife, with 81 suicides recorded among those serving IPP sentences since 2005, according to the United Group for Reform of IPP. Tragically, it has been reported that only yesterday a young man serving an IPP sentence took his own life at HMP Manchester.

Studies have shown that the family members of those given an IPP sentence suffer financial and emotional strain, hopelessness and a loss of faith in the justice system. Their children show separation anxiety, emotional distress and behavioural problems. I have witnessed that at first hand in families I have spoken to in my constituency. In one case—I will not provide the full details, for legal reasons—the constituent had rebuilt his life following release. However, he has now suddenly been recalled. The positive progress that he had made over those five years has been put on hold—for how long, we do not know. His livelihood, children and family are now terribly impacted because they have absolutely no clarity on how long he will be imprisoned for.

In a surgery last month, the mother of that prisoner broke down in my arms, crying. She just could not see an end to it, with the destruction of the life that he had built, the impact on the children and the family, with everything ripped away from them. In her words:

“IPP sentences have been abolished since 2012 but so many people and their families are still suffering from the injustice and lives are being utterly destroyed. When will this nightmare end for all of us?”

That is a question for the Minister.

Along with MPs from across the House, I am a signatory to early-day motion 591, which calls on the Government to implement the findings of the Justice Committee’s report, which has been outlined fantastically today, in particular that the Government quickly legislates to enable a resentencing exercise for all IPP-sentenced individuals, except for those who have successfully had their licence terminated.

The Government’s response to the Justice Committee’s report rejected its primary recommendation on resentencing. Like everyone else, I ask the Minister to shed light on whether that will be looked at again by the new Secretary of State, following the dismay of families, campaigners, trade unions and the Justice Committee at the original response.

In a recent debate in Parliament on IPP sentences, we heard the former Home Secretary Lord Blunkett, who introduced the sentences, describe the current situation concerning IPP prisoners as unequal, unjust and immoral. It was good to hear him say those words. He acknowledged the mistake and the impact it has had on so many families. Former Supreme Court Justice Lord Brown has repeated his description of IPP sentences as the

“greatest single stain on the justice system”,

as has been mentioned throughout this debate, and that

“it is a deeper, growing stain because of the situation with the recalls.”—[Official Report, House of Lords, 15 November 2021; Vol. 816, c. 33.]

The absurd and incredibly damaging situation with respect to the legacy of IPP sentences cannot continue. I plead with the Minister to rethink the Government’s response to the Justice Committee’s report. I ask him to impress on the new Secretary of State the need to meet families, victims and campaigners in the next few weeks to discuss how we can repair the clear defects in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and, crucially, finally bring certainty to prisoners and their families about the nature of their detention and recall. We expect nothing else in this place. It is crucial that their words are listened to and adhered to.