§ 3.8 p.m.
§ Lord AVEBURYMy Lords, I beg leave to ask the first Question which stands in my name on the Order Paper.
§ The Question was as follows:
§ To ask Her Majesty's Government whether they will place in the Library of the House a copy of any advice or instructions given to the Parole Board or their local review committees concerning the policy to be followed in the case of prisoners who are liable to deportation on completion of their sentences.
§ The PARLIAMENTARY UNDERSECRETARY of STATE, HOME OFFICE (Lord Belstead)My Lords, I have placed in the Library of the House a copy of the Notes for Guidance of Local Review Committees, a copy of which is also given to each member of the Parole Board. Guidance on consideration of prisoners liable to be deported is given in paragraphs 401 and 402. The principle is that the prisoner should not be at a disadvantage in relation to parole because of his liability for deportation. Consequently, parole is first considered on the merits of the case applying the normal criteria but without reference to where the prisoner will live if released. If he is found deserving of early release the case is referred for the deportation decision.
§ Lord AVEBURYI am grateful to the noble Lord for that comprehensive and helpful reply. Is he aware that in some cases which have come to my knowledge welfare officers have said that they will not recommend a prisoner for parole because they know he is liable to be deported on completion of his sentence? In the criteria for selection for parole which is given in the Parole Board's annual report there are several paragraphs dealing with a prisoner's home circumstances and employment prospects which are not applicable to a person who is liable to be deported. Would it not be sensible for the decision to be made by the Secretary of State on a man's future immigration status before the parole review committee come to consider whether or not to grant his application for parole?
§ Lord BELSTEADMy Lords, I am grateful to the noble Lord for saying that he is content with my reply. With respect to what he then said, I am not aware of what he has put to me about decisions being taken because deportation is being considered. I should like to make it crystal clear that that is directly contrary to the Notes for Guidance, a copy of which the noble Lord requested and which I have placed in the Library.
With regard to the way of life of a person after parole, it is also crystal clear from those Notes for Guidance that the absence of what is called a release plan should be disregarded in looking at the reasons for parole. May I finally answer the last question that was put by the noble Lord: Could the cart be put before the horse; in other words, could parole not have to come before the deportation decision? I cannot accede to the noble Lord on this on behalf of anybody. Clearly one cannot consider deportation of a prisoner while that prisoner is still in fact in prison.
§ Lord AVEBURYMy Lords, perhaps I could take that point up in correspondence. May I ask one further question? Does the Prisons Department keep any statistics of prisoners convicted of the same offence on the same occasion where one is liable to deportation on completion of sentence and the other is not? By making a comparison between these two classes of prisoners, the Home Office and Prisons Department would be 712 able to find out whether the guidance, which no doubt is excellent, is being followed by the review committees.
§ Lord BELSTEADMy Lords, I am sorry to be unhelpful, but it is not possible to make comparisons between the cases which the noble Lord had asked me about and all the other parole cases, because the numbers of cases where parole is to be followed by deportation is so infinitesimal compared to the enormous number of other parole cases.
§ Lord AVEBURYMy Lords, I am so sorry, but what I am thinking of are cases where two or more people are convicted of the same offence on the same occasion and one of those convicted is liable to deportation on completion of sentence and the other is not. If the parole experience of those prisoners was not identical, then there would be reason to suppose that the guidance was not being followed.
§ Lord BELSTEADMy Lords, that is for the local review committee or Parole Board to consider.