My Lords, I too thank the noble Baroness, Lady Prashar, for tabling this regret Motion, which I support. She made a powerful case. I will not repeat the points she made but, in opening, I put six questions to the Minister.
First, why was removing probation recommendations not included in the root and branch review and why was there no prior consultation with all the stakeholders before the changes were implemented? Secondly, on the removal of probation recommendations, what impact assessments have been carried out regarding black, Asian and minority ethnic prisoners and IPP prisoners?
Thirdly, the National Association of Probation Officers is concerned that removing professional recommendations in parole will lead to inappropriate releases and the non-release of those who otherwise may have been granted parole. Therefore, what impact assessment has been carried out on this issue, and did the Government seek the views of the Parole Board itself about having to make release decisions without expert witness recommendations?
Fourthly, under the changes, what protections are in place for probation staff who are required to attend a public parole hearing? I agree with the noble Lord, Lord Patten, and the noble Baroness that these hearings should be public, but the question is specifically about the protection of parole officers—and, potentially, expert witnesses—when they are taking part in these hearings.
Fifthly, how many responses were there to the root-and-branch review, and how many of those were in favour of the public parole hearings? I echo the question of the noble Lord, Lord Carlile, about whether anyone at all supported the Government’s proposals.
Sixthly, will the Government withdraw these changes if the judicial review finds against them?
In July’s Justice Questions in the other place, Kate Green MP challenged Dominic Raab on the proposed changes. He argued that
“there is a risk that separate reports, whether from psychiatrists or probation officers and those who manage risk, may give conflicting recommendations.”—[Official Report, Commons, 5/7/22; col. 711.]
Sonia Flynn, the chief probation officer, added in September’s committee session that differing recommendations would seem
“quite confusing, given that we are one HMPPS”,
and that the new change
“kind of tidies”
that up. That was the justification.
I must say that I find that explanation very surprising. I am absolutely sure that Parole Board members are well used to assessing conflicting sources of information; it is what people who sit as judges, or in a quasi-judicial capacity, do all the time. In other contexts, such as criminal courts or family courts, it is absolutely routine to get recommendations from probation officers—or in the context of family courts, recommendations from experts—which can indeed be contradictory. That is what the judges or magistrates do when they decide the merits of a case.
I hope that the Minister, who is exceptionally experienced, will bring an open mind to this situation. There have been a lot of changes on the Government and Treasury Benches over the last few months—or days. He is in a position where he can bring an open mind to this, and I hope that he will respond to the noble Baroness’s regret Motion in that spirit.