Terrorist Offenders (Restriction of Early Release) Bill — House of Commons, 2020-02-12
Topic: Law and Crime
Chris Ian Brian Mynott Philp (Conservative, Centre-right): The Chair of the Justice Committee makes a good point. It is important to retain experience in the prison officer establishment. Prison staff have long expertise and long experience, and the Prisons Minister, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer), is acutely aware of the importance of retention Many hon. and right hon. Members, including the hon. Member for East Lothian (Kenny MacAskill) and the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), have drawn attention to the importance of a comprehensive deradicalisation programme in prisons—the hon. Member for Birmingham, Perry Barr (Mr Mahmood) also made that point in his excellent speech. We are acutely conscious of the importance of that and of the need to do more. We have the theological and ideological intervention programme, the healthy identities programme and the deradicalisation programme in place, and I am sure there is more that needs to be done in those areas. My hon. Friend the Member for Isle of Wight (Bob Seely) touched on that in his speech, and I know the Prisons Minister would like shortly to take up his offer of a meeting to discuss exactly these issues Of course, it is equally important to make sure these offenders are properly monitored after release, whether on licence or otherwise. The TPIM regime was strengthened in 2015, and we always have multi-agency public protection arrangements where necessary. As we saw, those arrangements were effective in the case of Sudesh Amman. After he began his behaviour, it was a matter of seconds before the police were able to intervene, which is an example of MAPPA working well in practice In the few minutes remaining to me, I will address the question of retrospection, touched on by a number of hon. Members, including the hon. Member for St Albans (Daisy Cooper). It is our very firm belief, based on legal advice, that these measures do not contravene article 7. They do not constitute a retrospective change of the penalty, because the penalty is the total sentence. The penalty is the sentence handed down by the judge at the point of sentencing and, as my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) elaborated, a wide body of case law says that changing the early release point does not change the penalty. In fact, early release ameliorates the penalty—it reduces the penalty—so changing the early release point does not add to it. The Uttley case makes that clear, as do other cases that have come before the UK Supreme Court and the European Court of Human Rights I do not think the Del Río Prada case, in which the Kingdom of Spain was a respondent, is directly germane because it concerns the calculation of concurrent sentences and a change in how concurrent sentences are handled, which is obviously not the matter before the House today. The Government are clear that the Bill does not contravene article 7 and does not constitute a retrospective change to the penalty; it simply constitutes a change to how the sentence is administered Let me touch briefly on the point raised by my hon. Friend the Member for Stone (Sir William Cash), which I suspect we may debate more fully in Committee shortly. We do not believe that a "notwithstanding" clause is necessary, because we do not believe article 7 is contravened by this legislation—we can debate this more. We are also not wholly convinced that a "notwithstanding" clause would derogate our treaty obligations under the ECHR.