Imprisonment for Public Protection (Re-sentencing) Bill [HL]

Lord Timpson Excerpts

Friday 4th July 2025 Lords Chamber

I end by saying that IPP was and remains an injustice. We have made some progress but not enough. We will work constructively with the Minister and, therefore, from these Benches, we look forward with interest to what he has to say.

[The Minister of State, Ministry of Justice (Lord Timpson) (Lab)]

My Lords, I am grateful to my noble friend Lord Woodley and to every Peer who has brought such sustained focus to the imprisonment for public protection sentence. Their passion and the compassion of the families, campaigners and practitioners have quite rightly kept this complex issue at the top of our agenda. I welcome that scrutiny and the positive intent behind this Private Member’s Bill, even though I cannot support the specific remedy it proposes.

I also welcome the noble Lord, Lord Balfe, who takes over the responsibilities from the noble Earl, Lord Attlee. I hear the mood of the Committee in wanting to move forward, and quickly. I share this sentiment, but we do not think that resentencing is the right way to move this forward.

Today I want to be absolutely clear. My priority is to address the IPP legacy safely, fairly and in a way that endures. Since taking office, I have met many IPP prisoners and their families. I have listened to victims and front-line staff, chaired round tables and campaign groups and walked the landings with governors and probation leaders. Every conversation has strengthened my resolve to pull hard on every available operational lever. Even yesterday I met an IPP prisoner at HMP Eastwood Park who has her parole hearing today.

I completely agree with the noble Lord, Lord Hastings, on communication. It is absolutely vital that IPP prisoners and their families are aware of the changes that have been made. Yesterday I was pleased to see multiple copies of Inside Time around the prison, but I will take that back to the department and consider how we can do more.

We are already seeing what determined practical action we can achieve. The Victims and Prisoners Act 2024 automatically ended the licence for 1,742 people, with hundreds more cases now moving through the Parole Board on an accelerated timetable. That is real progress: people rebuilding their lives, victims protected and the public kept safe.

Let us stand back and look at the wider trajectory. The total IPP prison population has fallen from 5,040 in 2015 to 2,544 today, with the unreleased cohort down to 1,012. Meanwhile, rigorous supervision keeps risks low. Fewer than 0.5% of all offenders under statutory supervision were convicted of a serious further offence last year. Those figures show we can shrink the cohort while maintaining the confidence and safety of victims.

We are not stopping there. This summer I will lay before Parliament the second annual report on the IPP sentence, alongside a refreshed action plan. It sets tougher targets: 90% of IPP prisoners in the right prison for their needs by December, for example, and sharper deadlines for parole and termination reports. It hard-wires accountability at every level. I know that Peers and campaign groups will be looking closely at how we perform and that the Prison Reform Trust and the Howard League for Penal Reform have serious reservations about the Bill and wish to focus on what can be achieved without pursuing what is proposed in the Bill.

We have a plan, and it is working. Early results from that plan are encouraging. In 2024, 602 recalled IPP prisoners were safely re-released—the highest figure ever recorded. While recalls fell from 658 in 2023 to 619 in 2024, clearly there is more work to do. Even with a more complex residual population, the Parole Board continues to release around 45% of applicants at their first oral hearing. That balance, firm on risk and ambitious on progression, is exactly what victims and the public expect. My commitment is to drive that plan shoulder to shoulder with colleagues across both Houses, with campaign groups and, crucially, with victims and their advocates. Together we can press down on every control, treatment and resettlement lever until each individual who can be safely released is safely released and then supported to stay out.

In response to the noble Baroness, Lady Ludford, we are carefully considering the recommendations in the Howard League report. We are exploring in particular the ways to improve recall decisions and speed up post-recall review processes.

While I cannot back a resentencing exercise that would short-circuit the Parole Board’s vital public protection role, I will champion relentless evidence-based progress. Let us channel the energy of the Bill into the concrete measures that are already delivering change and will, with the House’s continued challenge and support, allow many more IPP offenders to complete their sentence and move on with their lives.

I thank my noble friend Lord Woodley for Amendment 1 on the creation of an expert advisory committee, which would advise the Lord Chancellor on a resentencing exercise that she may, rather than must, carry out. I understand the desire to provide the Lord Chancellor with advice on this matter.

However, as raised at Second Reading, my concern remains that the creation of an expert advisory committee risks giving false hope to those serving the IPP sentence, even if the Secretary of State was not obliged to implement its recommendations. This is only confirmed in my regular meetings with IPP prisoners. The Justice Select Committee in the other House and a wide range of respected organisations have considered the issue of resentencing, yet there has been no solution to undertaking a full resentencing exercise in a way that would not involve releasing offenders the Parole Board has determined pose too great a risk to the public.

I recognise the attempt by the noble Lord, Lord Woodley, to address this issue by limiting a resentencing exercise to those currently in the community in Amendment 2. This would avoid the issue of prisoners being released without the Parole Board’s direction that the release test is met.

I respectfully suggest that those on licence in the community are already benefiting from the significant changes to the IPP licence period in the Victims and Prisoners Act 2024, which means they will have their licence considered for termination by the Parole Board three years after their first release, or two for those sentenced when under 18, rather than 10. They also know that even if their licence is not terminated at this point, it will be terminated automatically if they are not recalled in the subsequent two-year period. Those in the community have, of course, met the Parole Board’s release test, but only on the basis that they would be released with the support, oversight and controls in place in the form of licence conditions.

This amendment would remove those licence conditions much earlier—potentially immediately. It is right that someone who has been in prison for a significant period of time should have the resettlement support from the Probation Service, and that there are appropriate control measures in place to protect the public, manage risk and provide a soft landing for those leaving prison. I agree with the noble and learned Lords, Lord Thomas and Lord Garnier, that licence conditions need to be necessary and proportionate, but it is also right that those conditions are set by the independent Parole Board.

Amendment 3 would restrict the resentencing exercise to IPP offenders who are 10 years over their tariff, both in custody and in the community. I thank the noble Baroness, Lady Burt of Solihull, for this amendment. I share her concern about those still serving their sentence years after their tariff has expired.

Resentencing IPP prisoners who have served 10 years over their tariff would result in them being released irrespective of their remaining risk. For this cohort in particular, the independent Parole Board will have repeatedly determined—at least every two years since the offender reached the end of their tariff—that they are too dangerous to be released. They have not met the statutory release test. For that reason, all those serving the IPP sentence in prison must satisfy this test before they are safely released. For those in the community, they would have been recently released either for the first time or after being recalled. They need continued oversight to manage their risk and support from the Probation Service to progress them towards licence termination.

Amendment 10 would restrict a resentencing exercise to those serving a detention for public protection—DPP—sentence. I thank my noble friend Lord Blunkett for this amendment and recognise that he remains a constant force for change on this topic. We recognise the specific challenges faced by those serving a DPP sentence. That is why those in the community now have their licence considered for termination by the Parole Board two years after their initial release and will therefore also have their licence terminated automatically a year earlier than those on the IPP sentence, if the Parole Board does not terminate it at the end of the qualifying period. There are now fewer than 30 individuals serving DPP sentences in the community and currently fewer than 100 in custody.

The IPP action plan includes a specific focus on DPP offenders, and I hope the noble Lord, Lord Carter, will be comforted that there are more frequent reviews by psychology services and that the Parole Board prioritises listing these cases for consideration. However, our position remains that, as with those serving an IPP, those serving a DPP sentence should be released only once they have satisfied the statutory release test. This is the only way we can ensure that the public and victims are best protected.

Finally in this group, Amendments 11 and 12 tabled by the noble Lord, Lord Moylan, whom I thank for these amendments and for his thoughtful contributions to our IPP round tables, relate to those who received an IPP sentence before 14 July 2008. The sentence was amended to give judges greater discretion over its use and to limit it to offenders who received at least a two-year tariff. Again, I recognise the purpose behind the amendments, but as most IPP prisoners have served beyond their minimum tariff, it would lead to the release of the pre-2008 cohort irrespective of the Parole Board’s assessment of their risk. Our view remains that IPP prisoners should be released only once they have satisfied the statutory release test. The Government therefore cannot support these amendments, or any that would involve the resentencing of IPP offenders, for the reasons I have set out.

These amendments would lead to the partial resentencing of specific cohorts of individuals serving the IPP sentence. Unfortunately, they do not address the Government’s public protection concerns and would put both the public and victims at risk. They remove the vital role of the Parole Board in considering release and, with the provisions in the Victims and Prisoners Act, there is already a path to the end of the sentence in a safe and sustainable way.

The changes implemented are expected to reduce the number of people serving IPP sentences in the community by around two-thirds. I remain committed to supporting those serving their sentence in prison and, as I have set out, I believe the IPP action is the best way to achieve this.

To conclude, I should like to give two final examples of the progress made to support the IPP population. First, the approved premises pilot, which has recently concluded, extended the time for which IPP offenders could remain in an AP from 12 to 16 weeks. This was tested in four APs. At one, 23 out of 26 men moved on successfully after their placement ended. We also saw a 7% decrease in recalls at that AP. Although this is a small sample, it demonstrates that pre-release work, combined with training for staff and extra support, has had a direct impact on successful reintegration into the community. If we can successfully replicate this across the approved premises estate, the impact could be significant.

Secondly, we are taking action to enable swift re-release following recall where it is safe and appropriate to do so. This summer, we will see the publication of the progression panel policy framework, which will ensure that a multidisciplinary meeting is convened within 28 days for any offender who is recalled. The detail gathered from this panel informs consideration for the Risk Assessed Recall Review process, which, in appropriate circumstances, can lead to early re-release. These panels also help prisoners prepare for release, which aids their resettlement into the community. Measures such as these will help individuals progress through their sentence towards having it terminated.

I hope noble Lords are reassured by some of the updates that I have provided today. I will continue to work closely with noble Lords on this very important issue. I am pulling every operational lever I can, as hard as I can, to support IPP prisoners so that they can get out of prison and stay out.

[Lord Woodley (Lab)]

I thank the Minister for his response. I was very pleased to forewarn him of my speech, to give him more than a fair opportunity to review and reflect on such a very serious matter, especially bearing in mind the hundreds, if not thousands, of individuals watching, listening and hoping that something positive can come out of this debate.

I am disappointed, but not surprised, by the Minister’s answer, because it is very much more of the same that he has given us on two other occasions: he does not wish resentencing to be part of the move forward. I still really struggle to turn around and understand how the Minister cannot convince himself that it is the right thing to do for those groups of individuals that I have pointed out today—colleagues have supported me—who really do not create any sort of risk to the public. Those people who are already out on probation and have been released by the Parole Board are a perfect example, never mind the kids and others.

Nevertheless, all we can do is our best to encourage a man for whom I have an awful lot of respect. This Minister is genuine, he is honest and he is doing as much as he feels he can to give hope and support to this victimised group of more than 3,000 individuals. I sincerely hope his words will lead to even more actions than have been done today as he moves away from the Chamber.

But it is a bit of a struggle when, only a week ago, we saw an individual who was finally released out into the community but was arrested within 24 hours and sent back into prison again—and released again and sent back into prison again. Or we might end up with a guy who is now mentally unstable, created by the system, and who has been trying to get out of prison. With your help and support, he gets out of prison and goes into a mental institution, only to find that not long thereafter he is sent straight back into the same prison, which creates the same mental instability. It does not work and, no matter what the Minister says, it certainly has not given us the answers to the hundreds of problems associated with IPP sentences.

I take this opportunity to thank all my colleagues for their contributions. I am proud of each and every one of them. Their contributions were fantastic, from the heart, genuine and well informed, and I thank them on behalf of all those prisoners for what they have said and what they are trying to do. There is no doubt that we have got our message across but, in the spirit of moving the process along, I beg leave to withdraw the amendment.

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[Lord Wolfson of Tredegar (Con)]

My Lords, given the way the debate on these amendments has gone—and with no disrespect to the noble Lord, Lord Woodley—I propose to say only a few words about Amendment 7, which is, as I understand it, the only live amendment, so to speak. It is in the name of the noble Baroness, Lady Fox of Buckley, who, as is always the case, has given us a lot of food for thought.

There is no doubt that the mental health aspect of the IPP issue is very real, not least because, as I said at Second Reading, my concern is that there will be prisoners who have developed mental health problems while in prison and indeed because of the sentence itself. I think I said that that was a stain on the British state and, if so, I was right to do so.

My noble friend Lord Moylan is therefore right to highlight the issue of mental health. That said, it is not immediately clear to me, looking at the words of the amendment, that the conditions in (6B) and (6C) are necessarily the right conditions to be imposed in this context. Of course, I appreciate that this amendment was tabled to raise the issue rather than to focus on the particular words. I therefore look forward to what the Minister has to say about Amendment 7.

[Lord Timpson (Lab)]

My Lords, the second group of amendments clarify the Bill’s clauses and make important changes to the wording. However, the Government maintain reservations about the risk to public protection that the Bill presents. I will respond to all the amendments in turn as I want to set out the Government’s position.

My noble friend Lord Woodley’s Amendment 4 sets out that an offender could not receive a harsher sentence under the resentencing exercise. We accept this principle, but it is already established by Article 7 of the European Convention on Human Rights. We therefore do not believe that this amendment is required.

My noble friend’s Amendment 5 would allow a resentencing court to retain the IPP sentence where the offender might properly have received a life sentence and where, at the time of resentencing, they constitute a substantial risk of causing serious harm if released. Crucially, this would not prevent the resentencing of those who do not fall within these parameters and whom the Parole Board have previously assessed as not safe to be released. This is because the test being applied by a resentencing court would be less stringent than the Parole Board’s statutory test.

My noble friend’s Amendment 6 would provide the resentencing court with the option to issue an extended licence on release, if it deemed it necessary. Noble Lords are aware of the provisions in the Victims and Prisoners Act that allow for licence termination. This amendment would still involve the release of IPP prisoners who have previously been assessed as not safe to be released under the statutory release test. It would therefore not address our fundamental public protection concerns about undertaking a resentencing exercise.

I thank the noble Baroness, Lady Fox of Buckley, for Amendment 7, and acknowledge her empathetic consideration for the individuals serving IPP sentences who require additional support for their mental health, especially the 233 individuals in secure hospitals. The amendment would allow a resentencing exercise to substitute an IPP sentence with a hospital order. A hospital order requires evidence of a mental disorder at the time of the offence being committed, whereas this amendment would lead to a hospital order being substituted when an offender currently has a mental disorder. As with earlier amendments, this amendment would remove the IPP sentence irrespective of the Parole Board’s assessment of an individual’s risk. Instead, the individual could be released by a mental health review tribunal. This process may not fully consider the risk posed to victims and the public.

IPP prisoners, like any prisoner, can require additional support for their mental health. They can already be transferred to secure mental health hospitals if this care is required, and I am currently working with HMPPS to explore how they can best be supported towards release when that care is no longer required. I completely agree with the noble Lord, Lord Moylan, about disengaged IPP-ers, as I refer to them, and hospital returnees. It concerns me that, for example, they may be returned to a category B local prison, which is not always the most appropriate place for them in their recovery. I am very keen to have further engagement with the noble Lord and others on that matter.

I thank the right reverend Prelate the Bishop of Gloucester for Amendment 8. Although the Government do not support the Bill, I understand the intention behind her amendment to assess the impact on services if the Bill were to become law. There is, however, already a requirement in the Victims and Prisoners Act for the Secretary of State to lay an annual report before Parliament about the steps taken to support the rehabilitation of IPP and DPP offenders. The annual report is expected to be published by Summer Recess and will show the progress that has been made.

Since the publication of the refreshed IPP action plan on 26 April 2023, there has been a 22% decrease in the number of those prisoners who have never been released. Additionally, when I became a Minister, 70% of IPP prisoners were in the correct prison for their needs. This has now increased to around 80% and HMPPS continues to make improvements in this area. This will help more of these individuals progress towards a release because they will be better able to access the support they need.

The second amendment tabled by the noble Lord, Lord Blunkett, Amendment 9, would reduce the licence period of one year for those who were subject to an invalid recall before the changes made by the Victims and Prisoners Act. The amendment does not define what would constitute an invalid recall, and my noble friend is perhaps referring to an unlawful recall, which would likely be the legal interpretation. If, however, he is suggesting scenarios where further information comes to light and the reasons for recall should be reconsidered, there is the risk-assessed recall review—RARR—process.

--- Later in debate ---

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I was slightly confused in the summation. The implication, if you were just listening in and did not know about this subject, is that, largely, people were given IPP sentences originally because of sexual and violent acts. That is not accurate. Maybe the Minister could clarify what he meant by that. One of the arguments that I was putting forward—maybe the Minister could reflect on this—is that the dangerousness we keep hearing about from different Governments’ versions of the MoJ is often associated with a deterioration of behaviour because of poor mental health created by the sentence. The Minister says that the Parole Board are the only people who can assess whether the behaviour is dangerous or not but, in the instances of mental illness, would it not be better for a clinical assessment? Hospitals have to make decisions all the time about releasing people based on whether they are dangerous or not. They are in a much stronger position, surely, than the Parole Board, which does not necessarily understand mental ill health.

[Lord Timpson (Lab)]

HMIP did a report into recalls of IPP prisoners and said that they are being used proportionately. I believe that the Parole Board has the right skills and experience to make these often very difficult and complex decisions. On the make-up of the cohort of IPP prisoners, I will write with the exact percentages as I have them for confirmation.

[Lord Woodley (Lab)]

My Lords, this Committee has not materialised in the way that I would have preferred. Not least, it has not led towards what I hoped was going to be a vote or, maybe more importantly, the Minister finally agreeing to move forward on resentencing for each and every part of the cohort that we have highlighted so carefully and fairly.

While I have that disappointment, I think it is fair to say that we have done one thing that IPP prisoners will be grateful for. We have yet again raised awareness of this disgraceful set of circumstances here and among the wider public. There is therefore no way to say, “We will do something”, and then do nothing. There is no escape for us in this House to ignore the injustices that we are watching each and every day.

Once again, I thank my colleagues, the noble Lord, Lord Moylan, the noble Baroness, Lady Fox, and my noble friend Lord Davies. The expertise that they have brought to this debate has been a privilege for me to listen to, never mind anyone else, and their support is, as always, very much appreciated.

I shall finish where my noble friend Lord Davies finished, and the Minister has just said it: it is in your hands now, sir. It is no good being a nice man with a good heart whose will is there to try to make these changes if we then find that we are back in 12 months or two years and nothing has moved and the number of people who have committed suicide has gone from 100 to 110. It is now on the Minister’s shoulders, and I look forward to working with him and others to see what we can do to alleviate this catastrophe that has been with us for many decades now.