5. GERRY BROWNLEE (National—Ilam) Link to this
to the Minister of Justice
Is he satisfied that section 28(2) of the Parole Act 2002, which states that the Parole Board may parole an offender “only if it is satisfied on reasonable grounds that the offender … will not pose an undue risk to the safety of the community”, has been consistently applied by the board?
Hon MARK BURTON (Minister of Justice) Link to this
I agree that the member’s selective quote is among the provisions of section 28(2) of the Parole Act. I can tell the member that in the Criminal Justice Reform Bill, which is in my name and currently referred to the Justice and Electoral Committee, the Government is moving to further strengthen the community safety provisions of that Act.
How could the release of a prisoner who had 91 convictions for burglary and violence, had at that stage committed one murder, had escaped from prison, had committed 15 violent acts inside prison, had already been declined parole three times, and had six psychological reports describing his risk of reoffending as “high to very high” suggesting he was a nutter who should not be released, as was the case with Graeme Burton, be consistent with the Minister’s Parole Act?
The member is referring to cases and problems that have been widely canvassed. The important point is that this Government has taken, and is continuing to take, decisive action. I refer to the Criminal Justice Reform Bill, which is before the House. The Government is making further moves now to ensure that parole is a privilege, not a right. It will ensure the Parole Board can deal with all information, and will receive all information in making its decision, and it will strengthen generally the board’s ability to hear and see all the information that it should when making its deliberations.
Does he find it disturbing that the Parole Board now admits that it needs training to interpret the psychological reports of prisoners; and what is so hard to understand about an offender who had 91 convictions for burglary or violence, had at that stage committed one murder, had escaped from prison, had committed 15 violent acts inside prison, at that point had already been declined parole three times, and had six psychological reports describing him as a nutter who should not be released; and just how much training will the board need to understand that people like Graeme Burton, with records like that, should not be released?
What I do find encouraging is that the Government is moving to take all the necessary action to ensure that the information and resources are available for the Parole Board to make fully informed decisions. Frankly, I invite that member to advise the House whether his party would simply continue to criticise, without ever coming up with a single solution. If that member is so concerned, he has the opportunity to support the legislation that is currently before the select committee. Finally, if the Parole Board seeks to further its capability, I would have thought the member would applaud that.
Can he confirm that nothing in the Parole Act guarantees that an offender will be paroled, and that Graeme Burton, who had 91 convictions for violence and burglary, had one murder conviction at that stage, had committed 15 violent incidents inside, had failed, at that point, three attempts at parole, and at that point also had five psychological reports saying he was dangerous, was promised, on 20 March 2006 by the Parole Board, that he would be released subject to a psychological report—that despite its clarity the board says now it could not read, and simply went ahead and honoured the promise to Graeme Burton?
In addressing the matter for which I have responsibility I absolutely can confirm that there is no right to parole. What is more, this Government is moving to further clarify to remove anyone’s possible doubt that parole in this country, at law, is a matter of privilege, not a matter of right.
How can the Parole Board’s view that it would be wrong to take allegations of Burton’s offending in prison into account when assessing risk, be consistent with ensuring public safety, when any reasonable person would have thought that if a prisoner is violent in prison he or she is likely to be violent outside of prison; or is it the case that the Department of Corrections is in such a hopeless mess that it simply wanted to get him out of prison because it could not handle him in prison?
I can confirm that this Government is moving to further ensure that the Parole Board will be possessed of all relevant information when it is making its deliberations. It then makes, as an independent statutory body, its deliberations. We will ensure that the Parole Board is possessed of all relevant information, whatever the level of evidential quality, and that it then makes the judgment as to the relative merits of the information.
What makes him so confident that changes in the law will make the people on the Parole Board any more competent in the exercise of their duties, when it is clear they did not have to promise release to Graeme Burton, they did not take account of his violence inside the prison when they should have, and they completely ignored the record of 91 convictions for burglary and violence, his 15 violent acts inside prison, the murder he had previously been convicted of, and six psychological reports that stated: “Do not let this man out. He is a nutter. He will reoffend.”; and why are those people still sitting on the Parole Board?
It is clear that the member paid no attention to the various responsibilities that resulted from the changes his party made in Government as to the lines of responsibility for appointments to the Parole Board and so on. That said—
Hon Dr Nick SmithWell, that is a bit rich from a member who was part of the Government that made the provision. But I can tell that member that this Government is moving to ensure that all the information, all the resources, and all the statutory provisions will be in place to arm the Parole Board with all the tools it needs to do the job. I invite that member to indicate to the House that his party will give support to ensure those measures can be passed.