HC Deb 05 March 1964 vol 690 cc1511-5
28. Mr. S. Silverman

asked the Secretary of State for the Home Department what medical examinations are made before a long-term prisoner is released on licence, particularly in cases of violent crime; and what information about such examinations is given to the Central After-Care Association.

Mr. Brooke

The release on licence of a prisoner serving a life sentence is decided upon only after consideration of every aspect of his case, including medical reports. The Central After-Care Association is given an assessment, based on the latest available information, of his medical condition.

Mr. Silverman

Is the attention of the after-care authorities drawn to any indications that there may be in the medical report that the released prisoner is likely to commit offences of a similar kind again? If not, ought not such information to be given?

Mr. Brooke

If the Central After-Care Association, which does its work very well, is given an assessment of the medical condition of the person concerned and is supplied with all relevant information, we must then leave it to the Association to consider in what ways it should exercise such powers as are given to it.

29. Mr. S. Silverman

asked the Secretary of State for the Home Department what steps are taken to ensure that the police notify the After-Care Association and the prison authorities when a fresh charge is preferred against any person who has been released on licence following a long prison sentence.

30. Mr. Abse

asked the Secretary of State for the Home Department what administrative arrangements are in existence to enable immediate communication to be made to a Secretary of State for a decision to be taken for recall under section 27(2) of the Prison Act, 1952, in the event of a prisoner released on licence being charged or convicted with a further crime; and whether he is satisfied that the present administrative arrangements are satisfactory.

Mr. Brooke

It is normal practice for charges against a person subject to a life licence to be notified to my Department by the police and, upon the licensee's reception in prison, by the prison governor. The police also, in appropriate cases, notify the local associate of the Central After-Care Association.

Mr. Silverman

Is the right hon. Gentleman satisfied that these arrangements are carried out with sufficient care and that mistakes and omissions by negligence do not occur? Is the right hon. Gentleman not aware of a recent case in which a man who had served a long sentence after being convicted of murder, sentenced to death and reprieved, committed an offence of violence and was put on probation for it and the information concerning him was never given to the After-Care Association nor to the prison authorities? Did not very tragic results follow from that omission? Will the right hon. Gentleman consider again whether the practice, which may be adequate enough in principle, is really carried out with meticulous care in cases of this kind?

Mr. Brooke

No, Sir. I am not aware of cases of negligence or omission in this matter.

Mr. Abse

If a man commits an offence when he is out on licence, what steps does the right hon. Gentleman take to see that he has this information immediately? Is the right hon. Gentleman aware that there is widespread public concern that, for example, in another case a man who had committed 15 previous offences of a psychopathic character was able to commit a murder? Is the right hon. Gentleman aware that the public want to know what steps he takes if a man is charged with violence when he is out on licence to see that he has immediate personal knowledge so as to recall the prisoner from his licence?

Mr. Brooke

I have already answered that question. I said that when a person is out on licence from a life sentence and he is charged with another offence, that is immediately notified to me by the police, and if he is received in prison it is also notified to me by the prison governor.

Miss Bacon

If the Home Secretary is notified by the After-Care Association, what went wrong in that he did not recall this prisoner to prison?

Mr. Brooke

The hon. Lady is asking me about a case of a man who lies under sentence of death. It is the tradition of the House that Ministers are not called upon to answer questions about personal cases of that kind in those circumstances.

Mr. Silverman

On a point of order. I do not know, Mr. Speaker, whether you heard that answer given by the Home Secretary. I submit that what the right hon. Gentleman says goes far beyond the practice of the House. It is perfectly true that we have by custom reached a position where a Minister is not asked Questions concerning the reprieve or the non-reprieve of a person lying under sentence of death, but we have never so far, I submit, decided that because there is a person lying under sentence of death no Question of general principle arising out of the circumstances of his case can be put to the Minister? Are you aware that such an interpretation enables the Home Secretary to evade responsibilities to the House which he has no right to evade?

Mr. Thorpe

Further to and arising out of that point of order, Mr. Speaker. Will you give guidance to the House? Is it not right to say that the only matter which may not be questioned is the advice which the Home Secretary tenders to Her Majesty in the exercise of the prerogative of Mercy? That is a matter which may not be questioned or discussed until it has been resolved one way or another, but any other kindred matter not touching on the exercise of the Prerogative is certainly within the jurisdiction of the House.

Mr. Speaker

I think that in the interests of the House and of progress with our business, I had better deal with the matter as far as I can now. The actual rule and practice of the House will be found in a Resolution of February, 1961. In broad terms it indicates that the circumstances upon which the exercise of the Prerogative depends are the things that are debarred. As for the rest, I hope that I shall be excused from commenting on the Home Secretary's answer, because the short answer is that if a Minister declines to answer I have no power to make him do so. In those circumstances, it would seem better to make progress with other Questions.

Mr. Silverman

May I draw your attention, Mr. Speaker, to the fact that the question which the right hon. Gentleman refused to answer on this ground did not mention anybody's name, did not mention conviction, or what should happen about the man, if anything? The question asked why, where a person convicted of a crime of violence had been released, and had committed two other or at least one crime while out on licence, the power given to the Home Secretary to recall him before he did further harm was not exercised? Why is it said that this is out of order?

Mr. Speaker

Nobody said that it was out of order. Let us not confuse two things. Suppose that a question was submitted, either by way of a supplementary or by being tabled, the responsibility would rest on me to decide whether it was in order and I would apply the known rules. Different considerations apply to an answer, because if a Minister declines to answer I have no power to make him do so and therefore no point of order arises.

Miss Bacon

Further to that point of order, Mr. Speaker. My supplementary Question related to an occurrence before ever a murder was committed. If I heard the right hon. Gentleman aright, he said that he could not answer because it was not the custom to answer such questions. In the circumstances, will you rule whether or not the right hon. Gentleman would have been able to answer my question?

Mr. Scholefield Allen

rose—

Mr. Speaker

Order. I hope that, in the general interest, the House will not on this matter use up all the time for Prime Minister's Questions. It is really no good seeking to make points of order to the Chair upon a Minister refusing to answer, because the Chair has no power to compel him.