§ 2.36 p.m.
§ LORD STONHAMMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government whether they will state their intentions regarding the future of the system of Preventive Detention; and whether, pending the introduction of any legislation that may be necessary, they will issue instructions regarding the sentencing of habitual criminals.]
§ THE MINISTER OF STATE, HOME OFFICE (LORD DERWENT)My Lords, I regret that I cannot at present add to the reply that I gave to the noble Lord on January 21. It is not for the Government to give instructions to the courts about sentencing.
§ LORD STONHAMMy Lords, is the noble Lord aware that last Sunday week the Sunday Telegraph published on its front page an account which had to be read twice before it was realised that it was not an official statement by the Home Secretary, alleging that the Home Secretary had come to a decision to abolish preventive detention? Can the noble Lord say whether that was pure imagination? Also, is he aware of the extent to which this causes distress among men in prison who have written to me and have already been waiting fifteen months for a decision by the Government on the recommendation of the Committee?
§ LORD DERWENTMy Lords, I am aware of the article in the Sunday Telegraph. It was not issued by my right honourable friend; he had nothing to do with that particular article. I would per- 276 haps add here that, as I explained to the noble Lord in January, we recognise the force of the criticisms which the Advisory Council made on preventive detention, but before we decide to abolish it we must be satisfied that we have something better to put in its place.
§ LORD STONHAMMy Lords, while thanking the noble Lord for that reply, may I ask whether he is aware that it is now more than two years since the Lord Chief Justice issued a practice direction asking his fellow Judges not to pass sentences of preventive detention but sentences appropriate to the crime committed? Is he further aware that, despite that practice direction of more than two years ago, Judges are still passing long sentences of preventive detention for trivial offences? Can the noble Lord not hold out some hope either of an early decision by the Government on this point, or of some further action to prevent the passing of sentences which are obviously against the views of the Lord Chief Justice?
§ LORD DERWENTMy Lords, I must again say that sentences are nothing to do with Her Majesty's Government; they are a matter entirely for the court. I would add that this matter is under continuous examination. We want to get it right, and I hope that an announcement will not be very far off. It will certainly be made as soon as possible.
§ THE EARL OF LISTOWELMy Lords, may I take up the last words of my noble relative opposite? He agrees, I know, with my noble friend Lord Stonham that his expert advisers have expressed the view that preventive detention should be abolished, and that this view has been under consideration by the Government for a very long time. Those are two points which I think are acknowledged on both sides of the House. The situation has changed since my noble friend asked his first Question, because now the Government are assured of at least another six months of office—I say, "at least" as I think on both sides of the House we can go as far as that. Can the noble Lord say that within that period of time at least a decision will be taken on the advice of the Home Office's expert advisers, and that a sympathetic view will be taken of the attitude of all 277 penal reformers, which I think is in accordance with the recommendations of the Advisory Council?
§ LORD DERWENTMy Lords, I am afraid that I can only repeat that an announcement will be made as soon as a decision is arrived at; and that will be as soon as possible.
§ LORD STONHAMMy Lords, cannot the noble Lord hold out the prospect that that will be during the life of this Parliament, or does it mean that the Government cannot possibly take a decision, even when they have this very strong recommendation by their own Advisory Committee, headed by the right reverend Prelate the Lord Bishop of Exeter?
§ LORD DERWENTMy Lords, I will again repeat that no announcement will be made until we are quite certain that we have this matter right. As soon as we are certain that we have it right, an announcement will be made, and that will be as soon as possible.