§ Lord Harris of Greenwichasked Her Majesty's Government:
Pursuant to the Answer by Earl Ferrers on 10th January 1994 (WA 17), whether the Home Secretary has decided to appeal against the decision of the Divisional Court in the case of Regina v. Secretary of State for the Home Office ex parte Duggan, and if not, what action he proposes to take.
The Minister of State, Home Office (Earl Ferrers)The Home Secretary has recently decided not to appeal against the decision of the Divisional Court in the case ofRegina v. Secretary of State for the Home Office ex parte Duggan.
The Director General of the Prison Service has now been instructed to put in place procedures to ensure that, in accordance with the judgment, all sentenced prisoners who are held in Category A will, subject to necessary exceptions arising from public interest immunity, be informed of the gist of any matter of fact and/or opinion which is relevant to the determination of his or her security category. This will be provided shortly before the prisoner's categorisation is reviewed. Sufficient time will be allowed for the prisoner to make any comments or representations.
When the categorisation review has been completed, the prisoner will be given reasons for any decision which results in him or her remaining a Category A prisoner, subject to necessary exceptions arising from public interest immunity.
These procedures will be introduced as quickly as possible.