My Lords, there is clearly great public concern underlying this Bill. However, as he did in a very persuasive speech at Second Reading, the noble and learned Lord, Lord Garnier, has just asked whether it will make any difference whatever. The more speeches one hears, the less convinced one becomes that this is in fact going to change anything. What it does is put the discretion that currently exists, and the facts that currently have to be taken account of by the Parole Board, on a statutory footing. However, it has not been made clear at any stage why putting these on a statutory footing will make any difference to the current arrangement, where it is required to take account of these factors anyway.
In his persuasive speech at Second Reading, the noble and learned Lord, Lord Garnier, argued that non-disclosure of a body should itself be an offence which could lengthen a sentence. However, the response from the noble and learned Lord the Advocate-General raised as many questions as it answered. He said that the sentencing judge will
“take account of the non-disclosure when deciding on the length of the tariff”.—[Official Report, 28/4/20; col. 214.]
Therefore, it is a factor at the moment, but it is also a factor in respect of the Parole Board. To a lay observer such as me, that leaves us in the somewhat confusing position of not knowing where the penalty lies. Does it lie at both ends? Is a longer sentence imposed because of non-disclosure, and because it is a factor in respect of the Parole Board, or not? I would be grateful if the Minister could address that further.
Underlying all this, completely understandably, is massive public concern, which focuses particularly on especially gruesome cases. My noble friend Lord Blunkett said that, in the past, decisions on such cases have been made by the Home Secretary, reflecting—to be direct about it—public sentiment, which tended to go with those crimes that got the most media coverage at the time they were committed. Now, this discretion lies with the Parole Board, but the big problem is that the Parole Board is not really accountable to anyone at all. I welcome the Minister’s point about the role of the courts themselves, because the judge is formally required to consider factors when imposing a sentence. As we explore how we give effect to the real intention of the Bill, I wonder whether there might be some role for the courts—a judge—to take the final decision on whether a prisoner should be released in these circumstances.