asked Her Majesty's Government:Whether in view of the opinion of Home Office Ministers that the behaviour and attitudes of life sentence prisoners should be assessed by different staff from time to time, they will obtain advice on the case of Mr. Roger John Payne from officials other than Mr. D. Atkinson and Mr. Howard Jones.

An important feature of our policy for the management of the life sentence population is systematic assessment by different staff and in different situations during the course of their sentence. This was the reason for the proposals, of which the noble Lord is aware, that Mr. Payne should be transferred to a different prison. Advice is available to us from a number of experienced officials and professional advisers in the Home Office, including those named, in whom we have complete confidence; and from governors, medical staff, probation officers and others in the field. In addition, the progress of life sentence prisoners is closely monitored by the Parole Board.

asked Her Majesty's Government:In what form instructions were issued to governors of prisons in England and Wales in November 1981 that a life sentence prisoner was no longer to be allowed to work outside his prison unless he had been given a release date by the Parole Board, or unless the governor of his prison had obtained special permission from the prison department headquarters; whether they will place a copy of this instruction in the Library of this House; whether they will confirm that a request for special permission in respect of Mr. Roger John Payne, a prisoner in Maidstone, to work outside was submitted by the governor, and what were the reasons for refusal, bearing in mind that Mr. Payne had been working outside the prison for several months already when the new instruction came into force.

No such instructions were issued to governors of prisons in November 1981. It has always been the position that supervised working outside a secure prison requires special permission, and that this is only exceptionally granted. In January of this year a new comprehensive circular instruction, No.1/1982, was issued for the guidance of governors dealing with life sentence prisoners, and this matter is covered under Miscellaneous Provisions in paragraph 48 of that circular, a copy of which has been placed in the Library of the House.The then Governor of Maidstone Prison appears not to have been aware that he did not have local discretion in this matter and he allowed Mr. Payne to be employed on an outside gardening party on a limited number of occasions over a period of about four weeks in July/ August 1981. When it was discovered that this had occurred the governor was reminded of the rules which applied, and Mr. Payne was withdrawn from the party. Subsequently the new governor submitted a request that Mr. Payne should be allowed to resume work outside the prison, but this was rejected because it was not considered that this exceptional step would be justified in his case.

asked Her Majesty's Government:Whether, if a child is committed into the care of a local authority in a residential home, responsibility for his actions rests with the local authority or the child's parents.

A local authority has the same powers and duties as a parent in respect of a juvenile committed to its care, and its vicarious liability for civil wrongs done by such a youngster is governed by the normal rules of common law. As regards criminal offences, although any juvenile convicted is held to have been responsible for his actions the court can order a parent or guardian to pay a financial penalty imposed on him. A recent judgment of this House has, however, held that a local authority cannot be ordered to pay under this provision when a financial penalty is imposed on a juvenile in its care.House adjourned at five minutes before one o'clock.