Dominic Raab will have to bring in new laws to give himself the power to stop the release of prisoners he deems dangerous, it has emerged.
He told the House of Commons he would “introduce ministerial oversight over any decision to release any offender in the top-tier cohort”, including murders, rapists, terrorists and child killers.
“The justice secretary will have the power to refuse release, subject to judicial challenge, on very clearly prescribed grounds,” Mr Raab added. “I believe that is warranted as an extra check and safeguard to protect the public.”
The Independent has learned that the change will require new legislation, which has not yet been drafted. No time estimate has been given for the introduction of the law.
Mr Raab also told MPs that the reforms cannot be pursued “without our Bill of Rights” - a controversial planned law that would replace the Human Rights Act.
Recommended Case for reforming parole system ‘clear and made out’ – Raab Dominic Raab to appeal against decision to free Baby P’s mother Raab vows to protect free speech from ‘wokery’ with plan to scrap Human Rights Act
Experts and criminal justice groups have questioned what expertise politicians will have to overturn decisions by the Parole Board, and raised fears of “grandstanding” over notorious inmates regardless of the risk they pose.
Steve Reed, Labour’s shadow justice secretary, said: “The public will rightly be worried about the lack of detail about these reforms and the delays involved in legislating for them - victims have been failed by this Government for the last 12 years and they should not wait any longer to have their voices heard.
“If the Conservatives are serious about public safety and the rights of victims, Mr Raab needs to come forward with a clear timetable for any legislation and ensure victims and communities that their interests are being upheld.”
Other aspects of the government’s proposed reforms will also require primary legislation, including changes to the statutory test that governs when people can be released from jail.
Some parts, such as plans to allow victims to attend parole hearings, do not need new laws and may be enacted more quickly.
The Ministry of Justice said the changes would “put public protection back at the heart of the parole system” but experts questioned that claim.
Andrea Coomber, chief executive of the Howard League for Penal Reform, said: “The parole process is already designed to prioritise public protection, by providing expert oversight as to when and how a person who has committed a serious offence can be safely released.
“Increasing interference from ministers threatens to distort the whole purpose of parole, which is about assessing current risk and not re-judging the original offence. There is a danger that these measures will lead to political grandstanding at the expense of fair treatment of prisoners who have served their time.”
The Parole Board’s decision to release black cab rapist John Worboys sparked a legal challenge and wider scrutiny of the system in 2018. The board reversed its decision and he was later convicted of further offences
The criteria for the justice secretary’s power to veto Parole Board decisions has not yet been set, and the Ministry of Justice has not committed to making the reasoning public.
Tyrone Steele, a criminal lawyer from the Justice campaign group, raised concern about political interference in legal processes.
“Separation of powers is a fundamental part of our constitution,” he told The Independent. “As such, not only is it wrong for ministers to impose their own decisions over and above that of judicial bodies such as the Parole Board, but it is also clearly unlawful given our responsibilities under the European Convention on Human Rights.
“Instead of trying to score political points with ill-thought out and potentially law-breaking policies, the government should look at solutions that will actually work to improve the parole system for victims, those in prison, and the general public.”
Wednesday’s announcement followed a “root and branch” review of parole by the Ministry of Justice, which detailed the potential mechanics of the ministerial review of release decisions.
It said the power would apply automatically for “top-tier” offenders, and that the Parole Board could also refer cases to the justice secretary if it “cannot confidently say that the release test has been met”.
“In both circumstances, the secretary of state will be able to review and refuse this release decision,” added the report.
It laid out two options - of ministers personally taking the decisions, or creating a review panel where the justice secretary was joined by two independent members.
Addressing the House of Commons on Wednesday, Mr Raab said he had “not yet ruled out entirely” the panel model, adding: “We will consider further detail of the mechanism in order to strike the most effective balance.
UK news in pictures Show all 50
1/50UK news in pictures
UK news in pictures 30 March 2022 Sheep in snow on Shetland
SWNS
UK news in pictures 29 March 2022 Queen Elizabeth II and the Duke of York arrive at a Service of Thanksgiving for the life of the Duke of Edinburgh, at Westminster Abbey in London
PA
UK news in pictures 28 March 2022 Performers including dancers from Ukraine rehearse the finale as Blackpool Tower Circus prepares to reopen following ￡1 Million renovation
Getty
UK news in pictures 27 March 2022 Re-enactors in the grounds of Bolton Castle near to Leyburn in North Yorkshire, watch as re-enactors bring alive the story of the Battle of Towton, which took place on March 29th, 1461 at a small village near to York called Towton
PA
UK news in pictures 26 March 2022 Early morning swimmers play with a ball in the sea at Cullercoats Bay on the north east coast of England
PA
UK news in pictures 25 March 2022 A view of lorries queued on the A20 near Dover in Kent as freight delays continue at the Port of Dover where P&O ferry services remain suspended after the company sacked 800 workers without notice last week
PA
UK news in pictures 24 March 2022 A group of people thought to be migrants are are guided up the beach after being brought in to Dungeness, Kent, onboard the RNLI Lifeboat following a small boat incident in the Channel
PA
UK news in pictures 23 March 2022 John Shipton, father of WikiLeaks founder Julian Assange, walks with his son’s partner Stella Moris as they leave from Belmarsh Prison in London where Moris was set to marry Julian Assange
AFP/Getty
UK news in pictures 22 March 2022 A pedestrian looks at cherry blossom trees in Battersea Park, in London
AFP/Getty
UK news in pictures 21 March 2022 People walk by daffodils and flowering cherry blossom in War Memorial Park in Coventry
PA
UK news in pictures 20 March 2022 The Druid Order Spring Equinox ceremony held at Tower Hill Terrace in London. The druids hold a ceremony celebrating the rise of the light. Ceridwen, the earth mother, brings token seeds which are symbolically sown around a circle. The concern of The Druid Order is with the evolution of humanity in harmony with the universe and to teach through open meetings, ceremonies, meditation and ritual
PA
UK news in pictures 19 March 2022 People take part in the “Stand up to Racism” march in central London to mark UN Anti-Racism Day
PA
UK news in pictures 18 March 2022 A dog walker on Bamburgh Beach in Northumberland
PA
UK news in pictures 17 March 2022 Britain’s Catherine, Duchess of Cambridge presents a traditional sprig of shamrock to the mascot of the 1st Battalion Irish Guards, Irish Wolfhound dog Turlough Mor known as Seamus - and his handler drummer Adam Walsh during a St Patrick’s Day Parade at Mons Barracks in Aldershot, south west of London.
AFP/Getty
UK news in pictures 16 March 2022 Lenny Boyd, 5, explores the sunflowers during a preview for Van Gogh Alive, an immersive, multi-sensory art experience combining high-definition projections of Van Gogh’s paintings with digital surround sound and aromas of Provence, at the Festival Square, in Edinburgh
PA
UK news in pictures 15 March 2022 Racegoers in the crowd watch the runners and riders in action as Brazil and jockey Mark Walsh win the Boodles Juvenile Handicap Hurdle on day one of the Cheltenham Festival
PA
UK news in pictures 14 March 2022 Nine year old Remo wears the police hat belonging to dog handle Constable Paul O’Donnell as they speak to the media at Tulliallan Police College, Police Scotland’s Headquarters
PA
UK news in pictures 13 March 2022 A train driver checks Locomotive 4555 as it steams up and prepares to pull out of the platform at Cranmore station on the East Somerset Railway
PA
UK news in pictures 12 March 2022 Surfers ride the waves at Rest Bay in Porthcawl as a yellow wind warning is in force across West Wales over the weekend
PA
UK news in pictures 11 March 2022 Members of the Royal Navy march through Portsmouth during a Royal Navy Freedom of the City parade
PA
UK news in pictures 10 March 2022 A woman walks miniature poodles into the first day of the Crufts Dog Show at the Birmingham National Exhibition Centre
PA
UK news in pictures 9 March 2022 A visitor looks at the piece of art called "Myth Explored, explained and exploded" dated of 1993, during a press visit of the exhibition "Natural History" dedicated to British artist Damien Hirst and his formaldehyde sculptures at the Gagosian Kings Cross gallery, in London
AFP via Getty Images
UK news in pictures 8 March 2022 MPs giving a standing ovation to Ukraine's President Volodymyr Zelensky after he speaks to them by live video-link in the House of Commons, in London
UK PARLIAMENT/AFP via Getty Images
UK news in pictures 7 March 2022 A mural of Ringo Starr, commissioned by Liverpool artist John Culshaw, is unveiled on the gable end of the Empress Pub on Admiral Street in Toxteth, Liverpool
PA
UK news in pictures 6 March 2022 Cars make their way along the flooded A1101 in Welney in Norfolk
PA
UK news in pictures 5 March 2022 People hold placards as they take part in a protest against the Russian invasion of Ukraine, in Trafalgar Square, London
AP
UK news in pictures 4 March 2022 Volunteers help sort through fresh donations after more than 500 boxes of essential supplies were gathered by Parenting Network at Portsmouth Guildhall
PA
UK news in pictures 3 March 2022 Commuters wait to get on a bus near Liverpool Street Station as all London Underground lines are suspended after thousands of workers began strike action in London
EPA
UK news in pictures 2 March 2022 Rend Platings and her husband Michael outside their home in Cambridge, which they have painted in the colours of the Ukraine flag in a show of support for friends in the country
PA
UK news in pictures 1 March 2022 Players take part in the Royal Shrovetide Football Match in Ashbourne, Derbyshire, which has been played in the town since the 12th century
PA
UK news in pictures 28 February 2022 Donations at the Klub Orla Bialego (White Eagle Club) in Balham, south London, made by members of the public, prior to their aid convoy setting off to Ukraine in aid of refugees fleeing the Russian invasion
PA
UK news in pictures 27 February 2022 People protest in front of the National Gallery in London against Russia’s massive military operation in Ukraine
Reuters
UK news in pictures 26 February 2022 The Duke and Duchess of Cambridge and Prince George in the stands during the Guinness Six Nations match at Twickenham Stadium, London
PA
UK news in pictures 25 February 2022 People head to St Mary’s Cathedral to light candles after a demonstration outside the Russian Consulate General in Edinburgh, following the Russian invasion of Ukraine
PA
UK news in pictures 24 February 2022 People protest against the Russian invasion on Ukraine outside Downing Street in London
EPA
UK news in pictures 23 February 2022 Swimmers from Hampstead Ponds cross the road in their swimming costumes outside the Royal Courts of Justice, London, as they await the result of a judicial review brought by Christina Efthimiou over whether the charges for bathing at the ponds in Hampstead Heath unlawfully discriminate against disabled people
PA
UK news in pictures 22 February 2022 Runners line up for the start of The Anshin Security Conditional Jockeys’ Handicap Hurdle at Taunton Racecourse
Getty
UK news in pictures 21 February 2022 Shoes on display at the ROKER AW22 presentation at London Fashion Week, in London
EPA
UK news in pictures 20 February 2022 The waters of the River Severn in edge towards homes in Ironbridge, Shropshire, as more wet and windy weather is set to sweep the UK. Storm Franklin is set to strike the UK just days after Storm Eunice destroyed buildings and left 1.4 million homes without power
PA
UK news in pictures 19 February 2022 Damaged caused to home of Dominic Good, in Stondon Massey, near Brentwood, Essex, after a 400-year-old oak tree in his garden was uprooted by Storm Eunice.
PA
UK news in pictures 17 February 2021 Activists from the People for the Ethical Treatment of Animals (PETA) protest against the use of feathers in clothing, ahead of London Fashion Week
Reuters
UK news in pictures 16 February 2022 Waves crashing on the seafront at Blackpool before Storm Dudley hits the north of England
PA
UK news in pictures 15 February 2022 Hailey Duff, left, Vicky Wright, centre and Jennifer Dodds in action for Great Britsin during their women’s curling round robin match against Japan at the Beijing Winter Olympics. Team GB sealed a 10-4 victory
Reuters
UK news in pictures 14 February 2022 Members of the Household Cavalry walk past Wellington Arch and a large inflatable heart, on Valentine's Day in London
Reuters
UK news in pictures 13 February 2022 People in costume attend the Whitby Steampunk Weekend in Yorkshire
PA
UK news in pictures 12 February 2022 People in Parliament Square, London, take part in the People's Assembly nationwide protest about cost of living crisis
PA
UK news in pictures 11 February 2022 Romney sheep graze the grass around the dormant vines at Nyetimber's Manor Vineyard at West Chiltington in West Sussex. The herd from a local farm form part of Nyetimber's sustainability program and are utilised for vineyard maintenance, keeping the grass low, reducing the risk of frost, maintaining grass leys on the estate and saving the cost of fuel for mowing
PA
UK news in pictures 10 February 2022 Alice Wyllie looks at projections featuring details of some of the illustration plates during the press view for Audubon's Birds of America exhibition at the National Museum Of Scotland, Edinburgh
PA
UK news in pictures 9 February 2022 New arrival Upendi and mother Cheka in the bonobo enclosure at Twycross Zoo, Leicestershire
PA
UK news in pictures 8 February 2022 Workers move a crate containing Season's Greetings by street artist Banksy from a retail unit at Ty'r Orsaf, Port Talbot, prior to its journey to a temporary storage unit at an undisclosed location
PA
“We are making these reforms because the concept of risk is notoriously difficult to assess in these kinds of cases.
“We are doing it because the public expect their safety to be the overriding consideration and because, ultimately, it involves a judgement call about public protection, and the public expect ministers to take responsibility for their safety.”
Peter Dawson, director of the Prison Reform Trust, said that although high-profile cases like John Worboys had created public concern the “interests of justice” must be served.
“The Parole Board is already a deeply cautious body, with an exceptional record of success,” he added.
“The report ignores the evidence, and as a result creates a web of confusion which will serve the interests neither of victims nor the people who have served the punishment their offending deserved.”
Other reforms aim to enshrine a “more precautionary approach” to release from prison in law and increase the proportion of Parole Board members from policing backgrounds.
Recommended Where did Dominic Raab go on holiday? Raab insists he won’t quit over failure to make Afghan call on holiday Dominic Raab may keep his job today – but for how much longer?
They follow a wave of reforms to the body since 2019, including a mechanism for the justice secretary to request the reconsideration of release decisions which Mr Raab has invoked for the mother of Baby P.
A series of changes following the Worboys case aimed to make sure the board took account of offences that did not result in conviction and improved communication with victims.