(4 weeks ago)
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Sojan Joseph (Ashford) (Lab)
Sir Ashley Fox (Bridgwater) (Con)
Warinder Juss (Wolverhampton West) (Lab)
The Minister of State, Ministry of Justice (Heidi Alexander)
We are funding 106,500 Crown court sitting days this financial year—500 days more than the previous Government originally agreed. To reduce the number of cases that end up at the Crown court, we are also extending magistrates’ sentencing powers to up to 12 months for an individual offence.
Sojan Joseph
It is important that victims of crime have the swift access to justice that they deserve, so I welcome the extra funding from this Government that will lead to more than 106,000 sitting days in Crown courts this financial year. That includes nearly 3,000 in the Crown courts in Kent. Does the Minister agree that dealing with the court backlog left by the Conservatives is essential to make sure that offenders are quickly brought to justice and faith is restored in the criminal justice system?
Heidi Alexander
I agree. This Government inherited a record and rising Crown court backlog. We walked into a criminal justice system on the brink of collapse, with our prisons overflowing and our courts buckling under the weight of demand. While we cannot fix this mess overnight, we will do everything we can to ensure swift justice for victims and to restore faith in the entire system.
Sir Ashley Fox
I am sure the Minister will acknowledge that the Crown court backlog is caused by a combination of covid and strike action by barristers. Will she outline the steps she will be taking to continue Nightingale court sittings and to improve the quality and number of Crown court judges sitting and able to hear cases?
Heidi Alexander
We are currently operating 18 Nightingale courts in eight different locations, and we continue to recruit to the judiciary. The Conservatives cannot wash their hands of responsibility for the Crown court backlog. It was rising before covid. They closed more than 260 court buildings. They express concern now, but there was scant evidence of that in the 14 years they were in power.
Warinder Juss
Last week it was reported that the Crown court backlog is 71,000 cases, which could hit 100,000 unless radical action is taken. Some cases have not proceeded at all because of delays, includes those involving victims of serious offences such as rape, reinforcing that justice delayed is justice denied. I welcome the Chancellor’s Budget, confirming the significant financial investment in prison expansion and the Ministry of Justice funding settlement, which will increase Crown court sitting days. Does the Minister believe that the measures will be sufficient to reduce the Crown court backlog to an acceptable level, or does she envisage that further action will be necessary, such as increases to criminal legal aid?
Heidi Alexander
Legal aid is a vital part of the justice system, and it underpins our plans to build a justice system that works fairly for all parties. The previous Government left the civil and criminal legal aid markets in dire straits and facing significant challenges. We intend to publish our response shortly to the “Crime Lower” consultation, which relates to the fees paid to duty solicitors in police stations among other things, and we will follow up on that with our response to the Law Society’s successful judicial review of the previous Government’s decision on criminal legal aid fees.
Max Wilkinson (Cheltenham) (LD)
The Minister has referenced magistrates courts. Cheltenham magistrates court, I regret to inform the House, has backlogs, but also an inappropriate courthouse. It is failing victims, the accused and justices of the peace, and it is not accessible for disabled people. The roof is leaky, and it is generally considered to be in a shocking state of affairs. Will the Minister make a statement on whether there will be investment in magistrates courthouses to ensure that justice can be carried out at the local level?
Heidi Alexander
If the hon. Gentleman writes to me with specific details of the issues in his local magistrates court, I will raise those with His Majesty’s Courts and Tribunals Service. We were successful in securing a £177 million increase in capital spending for the Ministry of Justice in last week’s Budget. That will cover expenditure on prisons and courts.
Dan Aldridge (Weston-super-Mare) (Lab)
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
We are committed to supporting victims of those abhorrent crimes and have dedicated £26 million to support services through the rape and sexual abuse support fund. We have also announced our plan to introduce free independent legal advocates for the victims and survivors of adult rape and are committed to working with the judiciary to fast-track rape cases through the courts.
Dan Aldridge
Avon and Somerset police, who are responsible for upholding the rule of law in my constituency, pioneered a new, innovative way of investigating rape and sexual violence called Project Bluestone. When rolled out nationwide as Operation Soteria it led to a 110% increase in rape prosecutions, according to Home Office data. While an increase in prosecutions is very welcome, it also means that more victims, including those in Weston-super-Mare, are reliving their harrowing ordeal when going through a trial. Will the Minister outline how her Department is working to provide support to the increasing number of victims experiencing the incredibly difficult trial process?
Alex Davies-Jones
I thank my hon. Friend for that really important question; he raises some serious points. The Ministry of Justice funds over 60 specialist support services for victims of rape and sexual offending as well as dedicated victim support through the witness service. Court personnel provide support during and after hearings, and we have invested in trauma-informed training to improve the victim experience throughout court.
Rape and serious sexual offence victims can also request transcripts of sentencing remarks for free during a one-year pilot. I encourage all those who are eligible please to apply to the pilot.
Dame Caroline Dinenage (Gosport) (Con)
Will the hon. Lady please confirm the number of criminals convicted of rape, sexual abuse, domestic abuse and domestic violence who are now back on our streets as a result of her Department’s early release scheme?
Alex Davies-Jones
As the hon. Lady will know, the Government took steps to exclude the most serious domestic abuse offenders from SDS40, an exemption that was not made under the previous Government’s end-of-custody supervised licence scheme. That was because we know that we need to protect women and girls, and we have a landmark mission to protect women and girls from violence. All the data on releases will be published as usual—the Lord Chancellor has made that clear—but we know that we need to do more.
Robert Jenrick (Newark) (Con)
Thank you, Mr Speaker. I belatedly congratulate the Government Front-Bench team on their appointments—I have been a little busy over the summer. The only group the Labour Government’s popularity has increased during that time with is criminals. How many domestic abusers and sex offenders released under their early release scheme have gone on to reoffend? Would the Minister like to apologise to the victims?
Alex Davies-Jones
Well, I was going to congratulate the right hon. Gentleman on his new role, but he seems to have a very short memory. It is he who should be apologising to the country as a whole on behalf of his Government for their woeful abuse of our justice system and our prisons. Under the previous Government’s ECSL scheme, there were zero exemptions to protect the public. This Government put in serious exemptions to prevent sex offenders and serious violent criminals from being released on to our streets. Maybe he should have a bit of humility.
Robert Jenrick
There were exemptions in the previous Government’s scheme, but the key thing is that we need to get on and build more prisons. Prison works, and we need to see more prisons being built. The last Conservative Government built more prison places than any prior Labour Government in living memory, but we clearly need to go further. What funding has the Lord Chancellor secured to build prisons over and above those secured by the previous Government? Does the Minister agree with the other junior Minister that fewer people should be sent to prison?
Alex Davies-Jones
Again, the right hon. Gentleman forgets who was in power for the last 14 years and who failed to build any prison places. Just 500 extra prison places were built under his Government’s watch. The Government have allocated a record £1.2 billion for prison building in the Budget, and we will be going further. We are the party of law and order. He needs to look at his record.
Abtisam Mohamed (Sheffield Central) (Lab)
The Minister of State, Ministry of Justice (Heidi Alexander)
Legal aid is a vital part of the justice system. It underpins our plans to build a justice system that works for victims, supports access to justice and upholds the rule of law. We are looking carefully at the evidence gathered as part of the review of civil legal aid, which covered issues such as demand, fee levels and the geographic provision of services.
Abtisam Mohamed
Cuts to legal aid and the narrowing of its scope by the Conservatives have meant that many people are no longer able to resolve their problems through access to early legal advice. That has resulted in legal representation being available only to those who can afford it. Will the Minister consider looking into restoring legal aid to the level it was before the Legal Aid, Sentencing and Punishment of Offenders Act 2012 for all areas of civil law, to ensure that justice is made available to all people who can afford it? Will she commit to reviewing the bureaucracy of the Legal Aid Agency, which does not support the needs and capacity of small firms?
Heidi Alexander
My hon. Friend has significant experience of working in the legal aid sector, and she is right to highlight the importance of good quality legal advice to resolving a whole range of social welfare problems. We are looking at how to improve access to early legal advice and support, but she will appreciate the challenging financial outlook that we are grappling with. I will raise the administrative issues in relation to the Legal Aid Agency with its chief executive.
Jim Shannon (Strangford) (DUP)
Every week I have people coming to my office who are victims and have no access to money. They deserve justice, and the only way they can get it is with legal aid. What discussions has the Minister had with the Policing and Justice Minister in Northern Ireland to ensure that legal aid available here can also be available in Northern Ireland?
Heidi Alexander
I am grateful to the hon. Gentleman for his question. I have yet to have those conversations with my counterparts in Northern Ireland, but I hope to do so in the coming months.
John Slinger (Rugby) (Lab)
The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)
By immediately reducing prison overcrowding, we have made prisons safer to work in. We have also accepted the 5% pay award recommended for prison officers in full.
John Slinger
I have been made aware of the consequences of 14 years of neglect of our Prison and Probation Service by the Conservative party: the critical overcrowding due to the lack of investment; staff at all levels feeling exhausted, scared, demotivated, disenfranchised and undervalued; officers facing unacceptably high levels of violence and drug abuse; and bullying between prisoners. What is the Department doing to rectify the consequences of this litany of neglect by the so-called party of law and order, to give our prison officers the support they deserve?
Sir Nicholas Dakin
My hon. Friend tells it how it is. The Conservative party left our Prison and Probation Service in a mess. Our job, on behalf of the British people, is to clean up that mess. That is what we are doing.
Sir Gavin Williamson (Stone, Great Wyrley and Penkridge) (Con)
HMP Featherstone, HMP Oakwood and HMP Brinsford, also a young offender institution, in my constituency are brilliantly supported by amazing staff, but one of the pressures on them is the number of foreign national offenders in those prisons. What steps is the Minister taking to ensure that those foreign national offenders are returned to where they came from?
Sir Nicholas Dakin
We are already on track to remove more foreign national offenders than the Conservative party ever did.
Lee Pitcher (Doncaster East and the Isle of Axholme) (Lab)
The Minister of State, Ministry of Justice (Heidi Alexander)
I have listened carefully to concerns raised about the single justice procedure. As a first step, I have asked the Courts and Tribunals Service to redesign the SJP and make it clearer. I will also call in SJP prosecutors to discuss ways in which we can ensure that they consider the public interest in advance of making prosecutions.
Lee Pitcher
Earlier this year, a decision by the chief magistrate overturned the use of SJP for rail fines, potentially nullifying and requiring the refunding of as many as 74,000 fines. In the past few days it has been reported that LNER has brought similar prosecutions under SJP without supplying any evidence at all. I make no assumption about the guilt or innocence of anyone involved in those prosecutions, but justice must be open, clear and fair. It is unfair to expect people to engage with a process without it being clear what evidence has been laid against them. Will the Minister confirm that her Department will keep those principles at the heart of all our justice practices, including SJPs?
Heidi Alexander
I will raise the evidential questions that my hon. Friend raised with representatives of the train operating companies when they and other SJP prosecutors join me in discussions in the next few weeks. I am clear that the single justice procedure is vital for the efficient running of the magistrates court. However, it must operate fairly and effectively. I will not tolerate poor practice, and I will not hesitate to fundamentally reform the system if that is required.
Paul Davies (Colne Valley) (Lab)
The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)
The young futures programme will be a prevention-first approach to crime reduction, building on the Department’s successful turnaround programme. I was very pleased to visit the first secure school which will put education at its heart, ensuring children in custody turn their lives around.
Paul Davies
Over the past decade, the quality and quantity of education in young offenders institutions has declined, as reported by Sir Martin Oliver, His Majesty’s chief inspector of education, children’s services and skills, and Charlie Taylor, His Majesty’s chief inspector of prisons. These institutions are facing difficulties in managing challenging behaviours, leading to an increase in children being put into isolation. Children in these institutions deserve a high-quality education that helps them to turn their lives around. The current system is failing them badly. Will the Minister outline what actions the Government can take to ensure that young offenders receive a high-quality education—
Mr Speaker
Order. We are in danger of not getting anybody else in. These are becoming statements rather than questions. I am sure the Minister has grasped it.
Sir Nicholas Dakin
Thank you, Mr Speaker. We know there is more to be done, as my hon. Friend outlines. Keep-apart lists make it difficult for children to access education in young offenders institutions, so we need to find different and better ways of reducing violence and delivering education in these settings.
Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)
During the 12 years that I was a Member of the Scottish Parliament, one of the most instructive and rewarding parts of my role were my occasional visits, with other MSPs, to HMP Porterfield in Inverness. Does the Minister agree that encouraging MPs to do the same would do a very great deal not just for young offenders, but offenders of all ages?
Sir Nicholas Dakin
I commend the hon. Member for his actions. He is right that visits to local prisons, or prisons elsewhere, are a good thing to do. I have recently visited Humber, Wakefield, and New Hall prisons, and will be visiting Wetherby young offenders institution tomorrow.
Andy Slaughter (Hammersmith and Chiswick) (Lab)
Is the Minister worried about the increasing criminalisation of young people? I notice that the Ministry of Justice published statistics last week that say one in four people of working age in the UK had criminal convictions. Should we not look at the current disclosure framework, so that people with criminal records for minor offences from years ago are not prevented from finding work, moving on and contributing to society?
Sir Nicholas Dakin
My hon. Friend, the Chair of the Justice Committee, identifies a subject that might well be useful for his Committee to examine.
Tessa Munt (Wells and Mendip Hills) (LD)
A young person I know was involved in an incident at 16. Can the Minister assure me that, because delays to going through the youth justice system have meant that that young person has not had the case adjudicated, that young person will not be adjudged an adult if they pass their 18th birthday when a conclusion is reached?
Sir Nicholas Dakin
The hon. Member draws attention to an issue. If she would like to write to me about that particular incident, I will write back to her.
Will Stone (Swindon North) (Lab)
The Minister of State, Ministry of Justice (Heidi Alexander)
The register plays an important role in helping lenders assess credit worthiness and enhancing financial transparency. These objectives seek to support vulnerable debtors by encouraging and enabling responsible borrowing. A consultation on including claimant data on the register closed recently. Responses to it were very positive and I hope to announce a way forward imminently.
Will Stone
I am pleased to hear the Minister is moving forward with the next steps following the consultation. I would further like to congratulate the Minister on moving swiftly on this matter, especially as the consultation had been stalled since January. I hope that with care and attention, data protection for claimants will soon be able to be included in the register. Will the Minister also consider other updates to the register, such as recording partial settlements and shifting the burden of proof on debt satisfaction? That would really help my constituents in Swindon.
Heidi Alexander
My hon. Friend raises some interesting points and, as he is, I am always very keen to help people in Swindon. Our focus is on responding to the consultation on including claimant data on the register, which would improve financial inclusion by helping people to resolve judgment debts. Once our response has been published and any reforms regarding claimant data are implemented, we will consider any wider reforms.
Victoria Collins (Harpenden and Berkhamsted) (LD)
Christine Jardine (Edinburgh West) (LD)
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
We are committed to supporting victims and survivors of these abhorrent crimes, including through the £26 million rape and sexual abuse support fund and the funding of independent domestic and sexual violence advocates. Furthermore, we will increase the powers of the Victims’ Commissioner to improve accountability when victims’ needs are not met.
Victoria Collins
Many of my constituents, including members of our local Soroptomist International group, will be taking part in the United Nations’ 16 days of activism against gender-based violence, which includes digital violence. What steps are being taken in the prison system to rehabilitate individuals whose criminal behaviour was the result of being radicalised online, and will digital citizenship education play a part in their rehabilitation?
Alex Davies-Jones
I thank the hon. Lady for that really important question, and I urge everyone in the House to get involved in the 16 days of activism—this year’s theme is “It starts with me”, which I think is a lesson that we should all take on board. The Prison Service assesses the impact of online influences and the need for rehabilitation for convicted terrorists in the first year after their sentencing, but digital citizenship education forms just one part of that rehabilitation. Once we get our prison population under suitable control—following what happened under the previous Government—we will be able to do more of this important work. Offenders convicted of violence against women and girls are also eligible for accredited programmes, although that will depend on their assessed risk and need.
Christine Jardine
The Scottish Government recently decided against including misogyny in their Hate Crime and Public Order (Scotland) Act 2021, but we know how pernicious and widespread misogyny is, especially in the context of domestic abuse. Just 6% of all offences are reported, and there are even lower rates for rape and sexual assault convictions. Is the Lord Chancellor planning to review aggravated offences, and misogyny in particular, to ensure that women and girls get the protection that we deserve?
Alex Davies-Jones
As the hon. Lady will know, this Government were elected with a landmark mission to halve violence against women and girls over the course of a decade. Every single Department, including the Department for Education, will look at how we tackle misogyny in our schools, streets, homes and workplaces, online, and indeed everywhere. The Opposition have just elected a leader who has made rape jokes previously, but this is about leadership and taking things seriously, and that is exactly what this Government and I are doing. I urge the hon. Lady to write to the Home Office about the specific point that she has made.
Apsana Begum (Poplar and Limehouse) (Ind)
As a survivor of domestic abuse—indeed, having endured the experience of my ex-husband standing against me in the recent general election—I have personal and direct experience of the systemic bias against us. Does the Minister agree that we need a comprehensive approach that provides support and consideration at every stage of the criminal justice system; does she agree that that requires funding, not least for specialist support services; and does she agree that we need to address the legal aid crisis as well?
Alex Davies-Jones
I thank my hon. Friend for her bravery and for speaking out about her experiences as a victim-survivor, which has undoubtedly helped countless others. She is right that this will take every single Department across Government looking into how we stamp out violence against women and girls in our communities and society. She is also right about funding. We are currently looking through the funding we received at the Budget, and in due course I will be able to outline how we will support services. If she would like me to meet her to discuss this further, I shall be happy to do so.
Emily Darlington (Milton Keynes Central) (Lab)
Under the last Government, only 2% of reported rape cases made it to trial, because women did not feel safe about reporting rapes or did not think they would be taken seriously. How are the Government ensuring that more brave women who report their rapes are seen quickly and effectively in the court service and get the justice that they deserve?
Alex Davies-Jones
My hon. Friend has outlined the stark reality of what rape victims and survivors face in our criminal justice system. Not only are far too few cases getting to court, but 60% of rape victims are pulling out of the system, which is why we are committed to introducing independent legal advocates for adult rape victims. We will be working with the judiciary to fast-track RASSO cases through our courts, and support victim-survivors through every step of the criminal justice journey.
Josh Babarinde (Eastbourne) (LD)
I welcome the new shadow Justice Secretary to his place. As he has campaigned to withdraw from the European convention on human rights, I am sure we can rely on him to champion international law for all of us across the world.
I want to ask about domestic abuse. For too long, domestic abusers have been able to exploit a loophole in our legal system, whereby the domestic abuse that they perpetrate is masked by the ambiguous conviction of common assault. This has meant that, under this Government and the previous one, domestic abusers have qualified for early release schemes. When I pushed the Secretary of State on this issue the other day, she admitted that her measures to exclude domestic abusers from early release were
“not of course fully comprehensive.”—[Official Report, 22 October 2024; Vol. 755, c. 206.]
The Liberal Democrats believe that things need to go further. Will the Minister meet me and domestic abuse charities to discuss some of our proposals for closing the loopholes so that victims and survivors get the justice they deserve?
Alex Davies-Jones
I thank the Liberal Democrat spokesperson for his question. He will know that certain offences are excluded from the SDS40 early release scheme, not the offender. This Government put in strict protections to protect the public, unlike the previous Government, who introduced an end-of-custody supervised licence scheme. Those who are released from sentences for common assault are flagged for domestic abuse markers, and they are given priority for electronic monitoring and risk assessments. I meet the sector regularly to look at what else we can do. We are learning lessons from SDS40, but this Government are committed to halving violence against women and girls.
Ashley Dalton (West Lancashire) (Lab)
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
We will implement the Victims and Prisoners Act 2024, which lays a good foundation for ensuring that victims know the rights they should receive under the code and that agencies are held accountable for delivering them. We will consult on the revised victims code early next year, and we will go further by increasing the Victims’ Commissioner’s powers so that there is more accountability for delivering the code.
Ashley Dalton
My constituent Dr Marie Gerval was a victim of stalking by a man with whom she had had a brief relationship. He even put a tracker on her car without her knowledge. There were needless delays in her case, and she felt that she was not taken seriously. So bad was the stress that her hair fell out. Later, it transpired that the investigating officer on her case was himself convicted of stalking a woman. Will the Minister meet me and Dr Gerval to discuss how the code of practice for victims can make sure that this does not happen to other women like her?
Alex Davies-Jones
What Dr Marie Gerval experienced is totally abhorrent, but sadly she is not alone in experiencing these crimes. The Government are committed to treating stalking with the seriousness it deserves by enhancing stalking protection orders, implementing automatic suspensions for officers under investigation for domestic abuse and sexual offences, and introducing mandatory professional standards for individual officers. The Home Office is also looking at the police response to stalking as a part of our work to better protect victims of violence against women and girls. I encourage my hon. Friend to reach out to the Home Office Minister responsible for safeguarding, my hon. Friend the Member for Birmingham Yardley (Jess Phillips), but I will happily meet her.
Joani Reid (East Kilbride and Strathaven) (Lab)
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
The Ministry of Justice provides funding for vital victim support services to help victims recover from the impact of crime. His Majesty’s Prison and Probation Service has developed guidance to support and identify victims of modern slavery and human trafficking, including those who have been sexually exploited.
Joani Reid
Scottish organisations such as TARA and Routes Out provide exemplary support to women who are exploited through prostitution and sex trafficking. However, these organisations are faced with an endless stream of women, in part because the law in Scotland, England and Wales provides impunity to pimping websites. Does the Minister agree that the UK Government should lead the way by outlawing pimping websites and offering support, not sanctions, to victims of commercial sexual exploitation?
Alex Davies-Jones
This Government are leading the way with our mission to halve violence against women and girls—all women and girls. The Victims and Prisoners Act 2024 will require local commissioners to develop joint needs assessments for victims of sexual abuse in order to identify and address the current gaps, and to support these women.
On outlawing pimping websites specifically, I would encourage my hon. Friend to speak to the Minister for Safeguarding, but as I have previously mentioned, this Government are working holistically across all Government Departments, including the Department for Science, Innovation and Technology and the Home Office, to tackle violence against women and girls.
Jack Abbott (Ipswich) (Lab/Co-op)
Gill German (Clwyd North) (Lab)
The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)
Good reducing reoffending activity cannot happen in overcrowded prisons, which is why we took immediate action to relieve the pressure. This will allow for better access to purposeful activity, which we all know reduces reoffending.
Jack Abbott
It was a former Prisons Minister who identified that short custodial sentences have a higher reoffending rate than sentences served outside prison. Does the Minister agree that we need to look at using technology to curtail offenders’ freedoms outside prison and ensure that we cut the cycle of crime?
Sir Nicholas Dakin
Yes. Electronic monitoring is already an important part of safely managing offenders in the community, and one of the principles of the sentencing review is to look at the punishment that offenders receive outside prison, considering how we can best use electronic monitoring and other technologies to safely manage offenders outside the prison walls.
Gill German
As a former member of a youth justice board, I know that young people who are drawn into offending often lead narrow lives with little opportunity for personal development. Has the Minister made an assessment of the provision of youth services, such as the Duke of Edinburgh’s award scheme, to engage with these young people and prevent reoffending?
Sir Nicholas Dakin
We value youth services, such as the Duke of Edinburgh’s award scheme, that enable young people to develop new skills to turn their lives around. In fact, the D of E scheme is available in all five of our young offender institutions, and 36 people in YOIs were enrolled in the scheme in August.
James Wild (North West Norfolk) (Con)
Last week I met former prisoners who had taken part in Greene King’s Releasing Potential scheme, which is now being expanded with two further training kitchens going into prisons to help people turn their lives around. What are the Government doing to boost such programmes, and the employment advisory boards that we set up, to ensure that while prisoners are rightly punished they are also rehabilitated?
Sir Nicholas Dakin
Such schemes and initiatives are exactly the sort of thing that this Government want to celebrate as best practice and replicate in other settings.
Mr Richard Holden (Basildon and Billericay) (Con)
Answers to my recent written parliamentary questions have talked of the positive impact that relations with families can have on prisoner resettlement. However, in a number of cases, particularly those involving sexual violence, the prisoner has no contact with the family and their release is usually a traumatic moment for those families and children. That is why I welcomed Labour’s manifesto pledge to introduce a national identification system for the children of prisoners as a vitally important measure. What are the Government doing to meet that pledge and break the offending cycle across generations?
Sir Nicholas Dakin
Identifying children with a parent in prison is important for ensuring that they receive the support they need. Strengthening family ties remains an integral aspect of our work, which is why our family support workers help to re-establish appropriate family ties and facilitate visits from prisoners’ children. My officials are working closely with the Department for Education to determine how much more we can do in this space.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
We are sending too many women to prison, two thirds of whom are non-violent and over half of whom have dependent children, and 75% of the time the child leaves home after the mother is incarcerated. That is why we have launched the women’s justice board, which will set out its strategy in the spring. Its goal is to reduce the number of women in prison and, ultimately, the number of women’s prisons.
Liz Saville Roberts
All Welsh women in prison are held in England, and being far from home adds to the emotional torture of separation from children, but we cannot assess the extent of the separation without public access to Wales-specific disaggregated data. Will the Secretary of State commit to making this information public so that we can ensure that pregnant women and mothers and children have the proper support they need?
Shabana Mahmood
The data on how we track the experiences of women across England and Wales will be work that the women’s justice board—once it is up and running—will be able to look into and make recommendations on, which we will pick up in the spring.
Susan Murray (Mid Dunbartonshire) (LD)
The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
The immediate purpose of the emergency release scheme was to stop us running out of prison places and to avert a total breakdown of law and order. If we look at the prison population today, it is clear that we have managed to avert the immediate crisis, but this was only a short-term measure; we have also set out a long-term plan to build the prison places that the last Conservative Government failed to build. I have also launched a landmark sentencing review so that we are never forced to look into emergency releases again.
Susan Murray
In my Mid Dunbartonshire constituency, the community justice team are having success in preventing reoffending by working with offenders in a trauma-informed way. It is recognised that short sentences, as has already been mentioned, do not prevent reoffending. Does the Minister agree that the prevention of reoffending is central to reducing costs, job losses, family breakdowns and homelessness?
Shabana Mahmood
It is clear that we have to do better on reducing reoffending, given that 80% of offenders are reoffenders. Cutting reoffending is a strategy for cutting crime, keeping the public safe and helping ex-prisoners to turn their lives around. I am sure that the sentencing review will look carefully at short sentences.
Dr Kieran Mullan (Bexhill and Battle) (Con)
Wanting to see justice delivered more consistently for victims is the key reason I sought election to this place, so it is an enormous privilege to take up this role today.
In response to concerns raised last month about offenders who have been released early not being promptly tagged, the Secretary of State assured the House that she will monitor performance daily. Can the Government now provide concrete assurance to the House and the public that all offenders are being tagged as they should on release?
Shabana Mahmood
I welcome the shadow Minister to his place. I have always enjoyed his contributions to justice debates, so I look forward to working with him where appropriate.
After the Department’s daily monitoring—indeed, monitoring many times a day—I can confirm that the performance of Serco on tagging has improved significantly. As of 28 October, 98% of all tranche 2 SDS40 release visits to install tags had been completed, with a small number of prearranged alternative fittings also scheduled. They are now all covered.
Dr Mullan
Of course, tagging will protect the public only if curfew breaches are addressed swiftly. Can the Secretary of State tell us whether there have been any breaches of tag-monitored curfews? On average, how quickly are those who commit a breach brought back into custody?
Shabana Mahmood
The hon. Gentleman’s question is really about rates of recall, which is what happens when licence conditions are breached, including breaches of curfew. Recall rates for SDS40 releases are tracking similarly to recall rates for other offenders. We will publish those statistics once they have been assured in the usual way, which I believe will be immediately after Christmas.
Rebecca Smith (South West Devon) (Con)
The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)
With this Government’s scheme, unlike the previous Government’s rushed scheme, we are giving our excellent staff time to work with national and local housing partners to minimise any impact on local authorities.
Rebecca Smith
Given that secure housing on release has a proven positive impact on the recidivism rate of ex-offenders, which is something we all welcome, how many prisoners released early by this Government are being housed in hotels?
Lincoln Jopp (Spelthorne) (Con)
The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)
We have reduced overcrowding to ensure that prisons have the capacity to focus on education and training. For example, HMP Highpoint’s state-of-the-art rail centre of excellence gives prisoners industry-standard training and guaranteed employment on release.
Lincoln Jopp
A couple of weeks ago, I visited the Bronzefield category A women’s prison in my Spelthorne constituency. I saw that prisoners doing work were rewarded with small amounts of money, but the weighting of their pay preferred people who take part in numeracy and literacy over skills, such as working in the bicycle repair shop or the hair salon. Is that a national approach, or is it something the governor has done pragmatically to fit his personal circumstances?
Sir Nicholas Dakin
It sounds like an interesting approach. I would be grateful if the hon. Gentleman wrote to me so that I can look into it and write back to him. It is certainly the sort of thing we need to be looking at.
Jake Richards (Rother Valley) (Lab)
I join the right hon. Member for Basildon and Billericay (Mr Holden) in calling for the Government to consider the children of prisoners. I met the children’s Minister, my hon. Friend the Member for Lewisham East (Janet Daby), just last week, and I know it is very much on her radar. However, this is an urgent issue. This week, I have been told about a child who had been living alone for months because the authorities simply did not know that their parent was in prison—
Mr Speaker
Order. That is not relevant to the question. Minister, would you like to respond? No. In which case, we will leave it there.
Wendy Morton (Aldridge-Brownhills) (Con)
Sir Edward Leigh (Gainsborough) (Con)
The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
I share the public’s view that there are far too many foreign national offenders in our prisons. Since coming into office, we have returned more than 1,500 foreign offenders and, I am pleased to say, we are on track to remove more foreign offenders this year than at any time in recent years.
Wendy Morton
Some 12% of the prison population in England and Wales are foreign national offenders, so what specific action is the Justice Secretary taking to remove FNOs from our prisons and return them to their countries, including through the use of the prisoner transfer agreements that were put in place by the previous Government?
Shabana Mahmood
As I say, we are on track to remove more foreign offenders this year than in previous years. In fact, over the period when the shadow Justice Secretary was the Immigration Minister in the previous Government, the number returned was around 1,300. We have already returned more than 1,500 foreign offenders, utilising all the prisoner transfer agreements at our disposal. We are actively trying to negotiate more such agreements, so that we can continue to speed up removals from this country.
Sir Edward Leigh
The previous Government negotiated a scheme by which we can deport Albanian prisoners back to Albania. It is an excellent scheme; Albania is a completely safe country, of course. Given that those crossing the channel are committing an illegal offence, is there anything legally to stop us arresting them and putting them on a flight straight to Albania? We do not even need to lock them up in Albania; they can just start their journey all over again—what a good deterrent.
Shabana Mahmood
As the right hon. Gentleman well knows, we have legal obligations to those who arrive in this country that have to play out. However, PTAs relate to those who have committed an offence, have been convicted and are being held in the prison estate. They can therefore be removed from this country under a prisoner transfer agreement. We are working with the Albanians to ensure that the PTA with Albania is as effective as possible.
Shaun Davies (Telford) (Lab)
Will my right hon. Friend consider a stand-alone deportation order as part of the sentencing review, so that rather than taxpayers having to pay to imprison foreign offenders for years on end, those offenders are deported back to their country of origin?
Shabana Mahmood
Personally, I am of the view that deportation for somebody who has been convicted and is due to be imprisoned in our country is as good a punishment as serving time in a prison in this country. We are looking actively at what more we can do to make the early removal scheme as effective as possible, including potential options to bring forward the point of early removal from this country. I will be working with colleagues in the Home Office as we develop our plans in this area.
The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
I think Members from all parties need a reminder about the form in this House for oral questions, Mr Speaker.
Since the last Justice questions, I have launched an independent review of sentencing. It will ensure that there is always space for dangerous offenders in our prisons and that we expand the use of punishment outside prisons, so that no Government are ever forced to release prisoners early again. The Government have also introduced their first Budget and we have seen an additional £850 million of funding for the Ministry of Justice.
I note the arrival of the new shadow Justice Secretary, the right hon. Member for Newark (Robert Jenrick). While rumour has it that this job was not his first choice and he may have been asked to do it on more than one occasion by his new boss, I warmly welcome him to his new position.
Mr Holden
One of my constituents has been attending court to resolve a matter around divorce and periodical payments since 2015. Although she has achieved positive results at all the court hearings, with many court orders, sadly there have always been errors and incompetence in the system. Will the Minister meet me to discuss these matters so that I can get a final resolution, after almost a decade, for my constituent?
Shabana Mahmood
I am shocked to hear about the extent of the delay in the case of the right hon. Gentleman’s constituent. He is welcome to write to me with the specific details and I will ensure he gets a meeting with the relevant Minister.
Jack Abbott (Ipswich) (Lab/Co-op)
The Minister of State, Ministry of Justice (Heidi Alexander)
The Government have made it clear that we are fully committed to bearing down on the Crown court caseload. To relieve pressure on Ipswich Crown court in particular, the south-east region has begun sending appropriate cases to Cambridge Crown court for hearing. Nationally, we have increased the number of Crown court sitting days to 106,500, which is 500 more than agreed by the previous Lord Chancellor.
Robert Jenrick (Newark) (Con)
Police firearms officer Sergeant Blake was a hero and we all want to see individuals like him, who put themselves in the line of fire, respected. What work is the Lord Chancellor doing, alongside the Home Secretary, to review the threshold for prosecution for individuals such as Sergeant Blake, so that they never find themselves in the invidious position that he did?
Shabana Mahmood
I thank the shadow Secretary of State for his question. He will be aware that charging decisions are a matter for the independent Crown Prosecution Service. What the Home Secretary has announced, and what I have been working with her on, is the introduction of a presumption of anonymity for all firearms officers if they find themselves being charged by the CPS. We believe that such a measure could have made a difference in this case. The Home Secretary has also announced measures that resulted from the police accountability review work undertaken by the previous Government, and we are taking those forward.
Robert Jenrick
I thank the Lord Chancellor for her answer. Jonathan Hall KC, the reviewer of terrorist laws, has said that the authorities should put as much information as they can in the public domain to maintain public trust in terrorist cases, which have the highest public interest. In the void, misinformation takes hold and that diminishes public trust. While of course respecting the judicial process and not commenting on the individual facts of the case, can the Secretary of State explain the reported two-week delay between the CPS making a charging decision with respect to the alleged Southport attacker and it being announced to the general public?
Shabana Mahmood
As the right hon. Member is now the shadow Lord Chancellor, may I remind him that we do not comment on cases that are sub judice? That includes commentary that everyone is aware relates to cases currently going through our legal processes. What I will say is that those are independent decisions for the Crown Prosecution Service, which ultimately decides what charges to bring. In live police investigations into complex cases, it is appropriate that those investigations, the charging decisions and, ultimately, the cases are done by the independent parts of the process and that there is no interference from Government.
Mr Speaker
May I also say that we will be returning to this matter straight after the case, as Members right around the House, including me, have great concerns? I assure the House that we will come back to this subject, but, in the meantime, the trial must go ahead.
Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
I thank my hon. Friend for highlighting the brilliant work of Savana. The charity does tremendous work in supporting victims and survivors of these abhorrent crimes. This financial year, the Government are providing £41 million of ringfenced funding for ISVAs and independent domestic violence advisers. Now that the departmental budgets for 2025-26 have been announced, the internal departmental allocations process is taking place. I have written to police and crime commissioners to assure them that they will be told of the settlement by the beginning of December, and I would love to visit Savana in Stoke-on-Trent.
Josh Babarinde (Eastbourne) (LD)
An estimated 80,000 disabled young people are unable to benefit from their child trust fund savings, because their families are being thwarted by a complex legal process before they can access them. The previous Government let these families down by tolerating that, so this Government need to act. Will the Minister commit to simplifying this agonising process to ensure that these disabled young people get the cash that they deserve?
Heidi Alexander
This Government recognise the difficulties that parents and guardians of young people who lack mental capacity can face in accessing their child trust fund. I recently met the hon. Member’s colleague, the hon. Member for Horsham (John Milne), and his constituent about this issue. The Government will consider what can be done in a way that safeguards those who lack capacity.
James Naish (Rushcliffe) (Lab)
The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)
The right to protest is an important part of our democracy, but it has to be exercised within the law. Sentencing in individual cases is, of course, a matter for independent courts.
Mr Gregory Campbell (East Londonderry) (DUP)
Alex Davies-Jones
I thank the hon. Gentleman for that very important question. He is right: all parts of this country—all our nations—are experiencing an epidemic of violence against women and girls. We have already spoken about the 16 days of action, which will highlight what we can all do to stand against this abhorrent crime. I am working with my counterparts across all the devolved nations on how we tackle violence against women and girls. I will bring forward more information in due course.
Andrew Cooper (Mid Cheshire) (Lab)
Alex Davies-Jones
The Government inherited a record and rising court backlog, which has seen far too many victims and survivors waiting too long for justice. Decisions on case listing are a matter for the independent judiciary, who, when possible, look to prioritise cases involving vulnerable victims and witnesses. We are committed to bearing down on the caseload to speed up the delivery of justice for all victims.
Wendy Morton (Aldridge-Brownhills) (Con)
Shabana Mahmood
I have been lobbied by the same group in the west midlands. I will certainly look at the representations that have been made.
Mr James Frith (Bury North) (Lab)
Thomas White was sentenced to three years for theft of a mobile phone in 2012. He remains in a category A prison 12 years later, having received an imprisonment for public protection sentence. Two medical reports this year have confirmed his deteriorating mental health. He recently attempted to set himself on fire and has since stopped taking his medication. Will the Secretary of State meet me and his sister, Clara White, to discuss his case?
Shabana Mahmood
I am very sorry to hear about the circumstances facing my hon. Friend’s constituent’s sibling in prison. We are determined to make more progress with IPP prisoners, but never in a way that compromises public protection. If my hon. Friend writes to the Department with the specifics of the case, I will ensure that he receives a response.
Mr Peter Bedford (Mid Leicestershire) (Con)
A lady from Northampton was recently given a 31-month sentence for a tweet, whereas an individual who incited physical violence on the streets of Birmingham as part of a pro-Palestinian protest received a far lesser sentence. Does the Secretary of State agree that such inconsistencies create the perception, at least, that we have a two-tier justice system?
Shabana Mahmood
It is incumbent on Members to ensure that such a perception does not take hold and not to inappropriately compare sentences handed out in different types of cases. As the hon. Gentleman well knows and every Member of this House should know, sentences in individual cases are a matter for the independent judges who hear those cases; the trials unfold in front of them.
Jayne Kirkham (Truro and Falmouth) (Lab/Co-op)
I welcome the commitment in the Budget to our courts after 14 years of neglect. Truro Crown court is facing a temporary cut to Crown court sitting days until the end of the year. I have previously asked about delayed rape and sexual offences cases at Truro Crown court. Can measures be considered to assist?
Heidi Alexander
As my hon. Friend will know, we are doing everything we can to bear down on the Crown court caseload, including extending magistrates’ sentencing powers. The Budget also confirmed 106,500 sitting days for this year.
Sarah Olney (Richmond Park) (LD)
Earlier this year, I spoke with the now Minister for safeguarding and violence against women and girls, the hon. Member for Birmingham Yardley (Jess Phillips), about my campaign to make court transcripts free. She was supportive, but was not sure that Labour could commit to spending the £2.2 million that it would cost. The Justice Committee has urged the courts to consider whether artificial intelligence-powered transcription could reduce the cost of producing court transcripts. Will the Minister commit to carrying out the Committee’s recommendations before the end of this parliamentary Session?
Heidi Alexander
I understand why the hon. Lady raises that issue, but transcripts must be 100% accurate. They are legal documents, so “good enough” simply does not cut it. I will review what technology is available, and I am happy to keep her updated.
Ben Goldsborough (South Norfolk) (Lab)
A report from May 2022 showed that only nine of the 32 prison education institutions inspected were judged “good” or “outstanding” by Ofsted; additionally, less than 40% of prisoners took courses up to GCSE level. Does my hon. Friend agree that if we are to tackle rehabilitation, we must improve prison education across the estate?
Sir Nicholas Dakin
My hon. Friend is right: the quality of prison education must continually improve if we are to achieve the best possible rehabilitation outcomes.
Sir John Hayes (South Holland and The Deepings) (Con)
Will the Secretary of State make available—perhaps through a note in the Library—the number and type of foreign national offenders who, aided by deluded interest groups and dodgy lawyers, are resisting deportation by means of appeal, either to domestic courts or to European—foreign—judges?
Shabana Mahmood
I can assure the right hon. Gentleman that all the data that was published under the previous Government will continue to be published by ours.
Noah Law (St Austell and Newquay) (Lab)
As my hon. Friend the Member for Sheffield Central (Abtisam Mohamed) pointed out, legal aid is currently restricted to those on the lowest incomes. I have received correspondence from a constituent who, despite being a domestic abuse survivor, cannot access legal aid because her income is above the threshold. Will the Minister consider widening legal aid eligibility to all victims of domestic violence?
Heidi Alexander
Some cases are eligible for legal aid under exceptional case funding. If my hon. Friend writes to me with the details of the case, I will come back to him with any advice that I can offer.
Alison Bennett (Mid Sussex) (LD)
As Ministers are doubtless aware, domestic abuse includes financial abuse and coercive control. I have a constituent whose ex-partner is using the family courts to perpetrate his controlling and abusive behaviour against her. What can be done to prevent the legal system from being used as a vehicle for extending domestic abuse by former partners?
Alex Davies-Jones
The hon. Lady is right: sadly, family courts are far too often used to re-traumatise victims of domestic abuse. The Government are alive to that fact, and we are rolling out our pathfinder pilot to focus on a more child-centred approach. I am meeting Surviving Economic Abuse this afternoon—we have a great relationship with that organisation—to see how best we can do more and support victims.
Mr Mark Sewards (Leeds South West and Morley) (Lab)
I wonder if Ministers are as astounded as I am that Conservative Members are still attacking us, as the shadow Justice Secretary did at the start of this question time, for clearing up their mess in the criminal justice system. Will the Government commit to increasing capacity in our prison system, so that we can deal with the crisis that the Conservatives ran away from?
Shabana Mahmood
The shadow Secretary of State has not necessarily been in position long enough to have acquainted himself with all aspects of his Government’s performance in this area. We will spend more this year on building the prison places that the last Government failed to deliver, and we have launched our landmark sentencing review to ensure that we never again have to make emergency releases.
James Wild (North West Norfolk) (Con)
HMP Garth has been likened to an airport because of the number of drones that illegally fly drugs into that prison. What urgent action is the Lord Chancellor taking to end that unacceptable situation?
Shabana Mahmood
Drugs getting into prison is a huge issue, and I am very aware of the issues at Garth. The Minister with responsibility for prisons will meet the governors and think about how to deal with those problems in the medium and long term.
Andy Slaughter (Hammersmith and Chiswick) (Lab)
There was welcome news for the Ministry of Justice in the Budget last week, but I did not hear any mention of legal aid funding. When will the criminal legal aid advisory board recommendations and the civil legal aid review be published, and when can we expect to see some reversal of the catastrophic cuts made to legal aid and advice since 2010?
Heidi Alexander
We will publish our response to the “Crime Lower” consultation in a matter of weeks. I anticipate being able to publish the CLAAB report at that stage, and some of the documents relating to the review of civil legal aid before the end of this year.