PARLIAMENTARY DEBATE
Worboys Case and the Parole Board - 28 March 2018 (Commons/Commons Chamber)
Debate Detail
This is an important and unprecedented case. The President of the Queen’s Bench Division, Sir Brian Leveson, the most senior judge who heard this case, said that it is wholly exceptional. It is the first time that a Parole Board decision to release a prisoner has been challenged, and the first time that the rules on the non-disclosure of Parole Board decisions have been called into question.
The judgment quashes the Parole Board’s decision to release Worboys and finds that rule 25 of the Parole Board rules is unlawful. This means that Worboys’ case will now be resubmitted to the Parole Board. A new panel will be constituted, and updated evidence on his risk from prison and probation professionals will be provided. The panel will then assess anew whether Worboys is suitable for release.
Those victims covered by the victim contact scheme will be fully informed and involved in this process. My Department also has to reformulate the Parole Board’s rules to allow more transparency around decision making and reasoning.
It is clear that there was widespread concern about the decision by the Parole Board to release Worboys. As I have previously told the House, I share those concerns and, consequently, I welcome this judgment. I congratulate the victims who brought the judicial review and reiterate my heartfelt sympathy for all victims who have suffered as a result of Worboys’ hideous crimes.
I want to set out, in greater detail than I have previously been able to set out, the reasons why I did not bring a judicial review. As I told the House on 19 January, I looked carefully at whether I could challenge the decision. It would have been unprecedented for the Secretary of State to bring a judicial review against the Parole Board—a body which is independent but for which my Department is responsible. I took expert legal advice from the leading counsel on whether I should bring a challenge. The bar for judicial review is set high. I considered whether the decision was legally irrational—in other words, a decision that no reasonable Parole Board could have made. The advice that I received was that such an argument was highly unlikely to succeed, and, indeed, that argument did not succeed. However, the victims succeeded in a different argument. They challenged that, while Ministry of Justice officials opposed release, they should have done more to put forward all the relevant material on other offending. They also highlighted very significant failures on the part of the Parole Board to make all the necessary inquiries and so fully take into account wider evidence about Worboys’ offending.
I also received advice on the failure of process argument and was advised that this was not one that I, as Secretary of State, would have been able successfully to advance. The victims were better placed to make that argument, and that was the argument on which they won their case. It is right that the actions of Ministry officials, as well as the Parole Board, in this important and unusual case have been laid open to judicial scrutiny. I have always said that I fully support the right of victims to bring this action. I have been very concerned at every point not to do anything to hinder the victims’ right to challenge and to bring their arguments and their personal evidence before the court. Indeed, the judgment suggests that, had I brought a case, the standing of the victims may have been compromised.
The court’s findings on how the decision was reached give rise to serious concerns. The court has found that “the credibility and reliability” of Worboys’ account in relation to his previous offending behaviour
“was not probed to any extent, if at all”
by the Parole Board, and that although the Parole Board was entitled to make inquiries of the police in relation to his offending, it did not do so. Those are serious failings and they need serious action to address them. Given the circumstances, I have accepted Professor Nick Hardwick’s resignation as chair of the organisation.
I am also taking the following actions: instructing my officials to issue new guidance that all relevant evidence of past offending should be included in the dossiers submitted to the Parole Board, including possibly police evidence, so that it can be robustly tested in each Parole Board hearing; putting in place robust procedures to check that every dossier sent by Her Majesty’s Prison and Probation Service to the Parole Board contains every necessary piece of evidence, including sentencing remarks or other relevant material from previous trials or other civil legal action; boosting the role of the Secretary of State’s representative at Parole Board hearings, with a greater presumption that they should be present for those more complex cases where HM Prison and Probation Service is arguing strongly against release, as was the case in this instance; working with the Parole Board to review the composition of panels so that the Parole Board includes greater judicial expertise for complex high-profile cases, particularly where multiple victims are involved or where there is a significant dispute between expert witnesses as to the suitability for release; and developing more specialist training for Parole Board panel members.
The judgment also found that the blanket ban on the transparency of Parole Board proceedings is unlawful. I accept the finding of the court and will not be challenging this. It was my view from the beginning that very good reasons would be needed to persuade me that we should continue with a law that does not allow any transparency. I am now considering how the rule should be reformulated.
When I addressed the House on this matter in January, I said that I had commissioned a review into how victims were involved in Parole Board decisions, into the transparency of the Parole Board, and on whether there should be a way of challenging Parole Board decisions. That work has been continuing for these past two and a half months. Given the very serious issues identified in this case, I can announce today that I intend to conduct further work to examine the Parole Board rules in their entirety. As a result of the work that has been completed to date, I have already decided to abolish rule 25 in its current form and will do so as soon as possible after the Easter recess. This will enable us to provide for the Parole Board to make available to victims summaries of the decisions it makes.
In addition, I will bring forward proposals for Parole Board decisions to be challenged through an internal review mechanism where a separate judge-led panel will look again at cases that meet a designated criterion. I intend to consult on the detail of these proposals by the end of April, alongside other proposals to improve the way that victims are kept informed about the parole process. I am grateful to Baroness Newlove for her help with this part of the review and to Dame Glenys Stacey for her helpful suggestions and review of the way that victim liaison operated in this case. I will come back to the House with further proposals as they are developed.
In conclusion, let no one doubt the seriousness with which I take the issues raised by this morning’s judgment or the bravery of the victims who brought this case to court. I commend this statement to the House.
Today’s unprecedented ruling, made possible by the Human Rights Act, clearly highlights the deep flaws in the initial Parole Board decision. That initial decision clearly caused anguish for the victims—those whose cases have been dealt with—and also for those who have not yet had justice. In addition, there has been deep concern among women and the public more widely. The head of the Parole Board has decided to stand down, but what is needed is real change in the way that the Parole Board functions.
The current legal restrictions on the Parole Board mean that we do not know why the initial decision was taken. That led to a rumour about where Worboys would be released, and even a rumour about his being released without a tag. That is not good for victims, and it is not good for public confidence. It cannot be right that women victims had to go to judicial review before the reasons for the release of John Worboys became available. We also remember the Government making the victims go to the Supreme Court to secure compensation following police failings.
Judges in the judicial review said that too much secrecy about Parole Board decisions under rule 25 of Parole Board proceedings prevents any reasons from being given for decisions made by the board. Therefore, as has been mentioned, the Worboys’ case underlines once and for all that there is a need for the Government to take urgent action and urgent measures to guarantee greater transparency in Parole Board decisions. Given that the public are entitled to be informed about court judgments, they must also be entitled to be informed about the clear reasons behind Parole Board decisions.
Of course, this is not about undermining the independence of the Parole Board, and we on the Labour Benches will defend the independence of our judiciary. It is right that action is being taken to improve transparency. Is the Secretary of State’s review also looking at guaranteeing not only that the public are informed about the reasons behind decisions, but that they are clear about the mechanism to challenge those decisions? Will the Secretary of State commit today to concluding his review of the Parole Board by the summer? We have seen other reviews by the Secretary of State’s Department—on the victims’ law and other issues—slip after initial announcements. Will he reassure the House that that will certainly not happen in this case?
A lawyer for the victims of John Worboys has said that the Ministry of Justice was responsible for preparing the dossier of evidence on which the Parole Board made its decision to release. Will the Secretary of State explain to the House why information about the so-called rape kit used by John Worboys and the sentencing remarks of the judge in the criminal trial of John Worboys were not included in this dossier? Why did the dossier contain nothing about the new information that came to light during the proceedings brought by victims against the Metropolitan police?
The failures in the Worboys case go much wider than the rules governing the Parole Board. It is clear from today’s ruling that judicial review is a key tool enabling every citizen to challenge unjust or unlawful decisions by the state or other public bodies, and we have to be clear about the importance of the role of the Human Rights Act. Deep cuts to legal aid have undermined the ability of many to pursue judicial review. Personally, I do not think that it is right that victims of people such as John Worboys have to crowdfund to pursue justice. Justice cannot depend on the depths of people’s pockets. Will the Government today commit to using their review of legal aid to look again at how it can support judicial reviews?
Will the Secretary of State give us more information about why he chose not to proceed with his own judicial review? To be blunt, does he regret his decision to pursue a cheap headline and brief the weekend newspapers in advance before properly checking whether he should pursue the judicial review? It is not just me asking this question; it has been reported that the Secretary of State’s Conservative colleagues are asking it too, to the extent that the Prime Minister has been moved today to confirm that she still has full confidence in him. The Secretary of State has tried to defend his decision not to pursue a judicial review, although he has not yet made the case properly. Given that, will he accept responsibility for the failings in the dossier presented by the Ministry of Justice?
There have been widespread failings in this case from the very outset. In 2009, John Worboys was convicted of 19 offences against 12 women, but the police have also linked him to about 100 other cases. Many of the victims have raised concerns—and my office has been contacted by other victims—about police failings in the handling of the case. Others have raised concerns about the decision of the Crown Prosecution Service not to prosecute. Of course, we have also seen many complaints about the Parole Board and about the failures of the victim contact scheme properly to notify victims of the parole hearing.
It is clear that we need a thorough examination of the handling of this case, from the very first attack reported to the police by a victim right through to the Parole Board hearings. Given that this is the third occasion that I ask, will the Secretary of State agree to an end-to-end review into this matter—from start to finish? The victims and the public deserve no less.
The hon. Gentleman touched on the licence conditions. In a way, this is not necessarily as much of an issue as it was. It had been determined that Worboys would be electronically tagged and excluded from London. That may or may not be an issue in the future, depending on future Parole Board decisions.
On the dossier that was provided by the National Probation Service—and, therefore, my Department—for the hearing that occurred on 8 November last year, it is the case that there may well have been information that should have been included in the dossier and that was not provided, but it is worth pointing out that it is the responsibility of the Parole Board to satisfy itself that an offender is no longer a risk to the public. The judgment of Sir Brian Leveson was that the Parole Board failed to probe that evidence sufficiently, as it should have done. I reiterate that the National Probation Service opposed the release of John Worboys.
I made no secret of the fact that I was considering whether to take a judicial review, and I set out in my earlier remarks the reasons why I did not bring that forward. The reality was that the victims were in a better position than me to bring a successful case. It is important that we ensure that when the Parole Board reaches a conclusion that meets certain criteria, there is an ability for it to look again and examine whether the relevant panel has performed its duties as it should have done. Sadly, that is not what happened in this particular case, and that is the issue that we need to fix for the future.
While implementing these extremely welcome proposals, which are obviously needed in the light of all this, would my right hon. Friend make sure that the Parole Board and its panels are not undermined when they carry out properly their extremely difficult task? The Parole Board is often asked almost impossible questions, and we cannot have people making any judgments except on the basis of the best judgment that they can make in the public interest. Criminal sentencing must never be simply a question of campaigning and responding to popular pressure.
My right hon. and learned Friend’s second point is also important. There were failures in what the Parole Board did, including not probing sufficiently and not being sufficiently inquisitive. We must, however, accept that the Parole Board makes thousands of decisions every year that often involve difficult judgments, and it is not always necessarily going to get it right, but it is not the role of politicians to interfere and second-guess those decisions. We do, though, have a role in ensuring that we have a system in place with clear guidance, clear training and the right people. We clearly need to do some work on that, and I have set out some proposals today.
Something has gone very wrong in this case from the start. In order to get justice, the victims themselves have had to go to court to vindicate their rights—not once, but twice. First, they had to go to court in order to get a proper investigation by the police and a prosecution of the cases. Secondly, they had to protect themselves from the early release of their attacker.
As others have said, judicial review has proved to be a key tool in this respect. It is therefore very unfortunate that legal aid is no longer widely available in England and Wales for judicial review. I urge the Secretary of State to look at the independent review of legal aid in Scotland—I stress the words “independent review”—that was published earlier this month, because it showed that with less spend per capita than in England, legal aid has much wider eligibility and scope in Scotland. Seventy per cent. of Scots are eligible for legal aid. If that can be done on less money per capita in Scotland, then it can be done in England. Will he commit to an independent review of legal aid in England and Wales so that if victims in these cases have to use judicial review, they can have the wherewithal to do it regardless of their means?
As for failures within the Parole Board, I think, as I said, that it is right that Professor Nick Hardwick stand down as chair of the Parole Board. I acknowledge that he has been a dedicated public servant who has done a number of very good things at the Parole Board as well. However, I believe that there have been significant failures and that at this point new leadership is required within the Parole Board.
The Justice Committee wrote to the Secretary of State yesterday raising some of the issues that he has now pre-emptively dealt with in his statement. As well as reform of rule 25 and a proper review or repeal process so that judicial review is no longer necessary in future, will he consider the observations given to us in evidence, and by the Court as well, about the importance of having forensically skilled legal representation for the Secretary of State at hearings in serious cases to test the evidence, and about the desirability of having a serving or retired judge to chair the panel in serious cases?
On the MOJ’s position, as I set out in my statement, there is much more that we can do to ensure that information on things like sentencing remarks should be provided as part of the dossier consistently and as a matter of course. Clearly, there were failures in this regard. That is partly why my position in bringing a judicial review was weaker than that of the victims, because they were able to make these arguments in a way that was not open to me. We need to find ways in which we can make improvements across the system. I stress that the national probation service was clear that it did not think that Worboys should be released.
On the wider issue, my right hon. Friend may agree that the problem we have—those of us who have attended meetings of the Parole Board as observers can see this—is that the workload has grown exponentially with the rise in indeterminate sentences. I really do wonder whether we now have a proper process in place for dealing with this kind of case where there is public concern as to when the moment of release is finally determined. May I urge him, in carrying out his review, to consider that he may want to come back to Parliament to have this issue debated to determine what Parliament thinks should be the appropriate way of proceeding, because this is now a quasi-judicial process with immense consequences for victims, but also of course for those who are incarcerated and are seeking to be released?
I thank my right hon. and learned Friend for his remarks. He makes an important point: had I taken a judicial review, it may have brought into question the standing of the victims, as Sir Brian Leveson points out. In terms of the workload, to be fair, the Parole Board had been making progress with the backlog of imprisonment for public protection cases, but it remains significant—there are still something like 3,000 prisoners on an IPP sentence in prison, and they need to be properly assessed.
With respect to reform of the Parole Board, the Father of the House talked about the balance between accountability and independence. Because that is so tricky to get right, as we have seen, will the Secretary of State commit today to engage all parties in the House at an early stage, so that together we can strike an agreement on how to manage that balance?
I strongly welcome my right hon. Friend’s statement, and I fully understand the reasons he has given for not raising a judicial review procedure. It would have been ludicrous to ask for a judicial review against the Department for which he is responsible. May I, however, ask him for a simple assurance that he will ascertain the timing of the Parole Board for Colin Pitchfork, so that I and my constituents can understand whether the procedure will be the current one or the new one that he is proposing?
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