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Commons ChamberRead Hansard Text Read Debate Ministerial Extracts
Madam Deputy Speaker (Ms Nusrat Ghani)
I call the Chair of the Justice Committee to open the debate.
Andy Slaughter (Hammersmith and Chiswick) (Lab)
I thank the Backbench Business Committee for allowing time for this important debate on the spending of the Ministry of Justice on criminal justice.
An effective criminal justice system is vital to the proper functioning of a democratic society. An ineffective criminal justice system presents grave risks for both social and economic stability. We are at a pivotal moment for the health of our criminal justice system, with prisons operating at close to full capacity, coupled with a backlog in the Crown courts of over 74,000 cases. Investment and reform are required.
The Ministry of Justice suffered some of the most severe budget cuts of any Department during the years of Tory austerity. In 2023-24, its resource expenditure level was 11% less in real terms than it had been in 2010-11. I therefore welcome the Labour Government’s investment in the criminal justice system, announced through the main estimates and the spending review. The main estimates confirmed that the MOJ’s day-to-day spending is set to increase by £793 million or 6.5%, which includes further investment in the Prison and Probation Service and the Courts and Tribunals Service. The MOJ’s investment capital spending is also set to increase by £351 million or over 20%, largely driven by investment in creating new prison places and major projects to maintain court capacity and invest in digital systems and security measures.
The spending review also announced £7 billion to be allocated between 2024-25 and 2029-30 to support the delivery of 14,000 urgently needed new prison places by 2031, and an increase of up to £700 million a year for the Probation Service by 2028-29 compared with 2025-26. This is especially important given the recommendations made by David Gauke’s independent sentencing review, which I will come to in a moment. The spending review also announced up to £450 million a year of additional investment for the courts system by 2028-29, aimed at increasing Crown court sitting days and implementing the forthcoming recommendations from Sir Brian Leveson’s independent review of the criminal courts, which is set to deliver its first report next month.
Combining the estimates and the spending review presents a largely positive picture for investment in the MOJ. The estimate for resource expenditure in 2025-26 is 14% more than the spending plans for 2024-25. This increase may help to offset some of the underfunding that the Department was subject to in the 2010s. The estimate for capital expenditure in 2025-26 is 32% more than the plans for the year 2024-25. This will be a record high level of capital expenditure for the MOJ over the course of a financial year. It remains to be seen whether the funding will be enough to address the challenges that the criminal justice system faces.
In the interests of time, I will focus on three key areas: prisons and probation, the courts and legal aid. His Majesty’s Prison and Probation Service is the largest body within the MOJ in terms of expenditure. It makes up 47% of the MOJ’s day-to-day spending budget and in the 2025-26 main estimate will make up 82% of its planned capital spending. The prison population has more than doubled over the last 30 years and stands at around 88,000. It continues to grow year on year and is at a record high. If things continue as they are, the prison population will be at 93,500 by September 2026 and over 100,000 by September 2028, and there will not be sufficient places.
The MOJ cites the following reasons for the increase: an increase in police charging activity and flow into the courts; an increase in people on remand, who now make up an astonishing 20% of the prison population; and changes in sentencing policy, which keeps the more serious offenders in prison for much longer.
I welcome the Lord Chancellor’s commitment to build 14,000 prison places by 2031, and I hope that will ensure that emergency measures such as SDS40, which last year saw prisoners released automatically having served 40% of their sentences, do not have to be used again. In the context of the prison capacity crisis, the Government commissioned a sentencing review, which reported last month, by David Gauke, who gave evidence to the Committee last week. Many of the review’s recommendations have been accepted in principle by the Government. They include a recommendation for a new model of sentencing called the “earned progression model”, which could see some prisoners serving fixed-term sentences released after a third of their sentence, dependent on their behaviour. That recommendation and others in the review are aimed at making greater use of non-custodial sentences and therefore attempting to reduce the prison population. I look forward to seeing the detail of how those recommendations will be implemented in the forthcoming sentencing Bill.
Non-custodial sentences will place an additional burden on the already struggling Probation Service, to which I will turn. But, before I do that, could I issue a cautionary note? Even if David Gauke’s recommendations are wholly successful, prisons will still be full, and that has unintended consequences. It means, for example, that prisoners have to be slotted into places where those become available, and rehabilitation is more difficult. As Sky News reported recently, some prisoners are put into lower category prisons—category C and D prisons—years before they should be with regard to their sentence planning, and the prisoner escort service, which is already in a pretty parlous state, often brings prisoners late to court because it is not available at local prisons. Therefore, anything that can be done for effective community punishment and rehabilitation is clearly good.
Catherine Atkinson (Derby North) (Lab)
With 80% of offenders being reoffenders, does that not show that our current system is really broken and that we need a different approach? Does my hon. Friend agree that we have an opportunity with the sentencing review to keep our communities safer by properly addressing reoffending?
Andy Slaughter
My hon. Friend, who is knowledgeable on these issues, is absolutely right. We are relying on the implementation of the Gauke review’s recommendations to do two things: to ensure there is capacity in the prisons for the growing number of people being sentenced in our courts; and, in the longer term, to reduce prisoner numbers through effective rehabilitation. That can take place in prisons—not in overcrowded prisons on the whole —but it can take place more effectively in the community by way of getting people back into normal daily life, which prison certainly is not.
In that vein, let me turn to the Probation Service, which will receive an additional £700 million a year to support the reforms in the sentencing review. That is a substantial increase in funding, which is intended to enable probation to supervise more people in the community and expand electronic tagging.
The Probation Service currently manages 240,000 individuals on court order or licence. Worryingly, in last year’s annual report, HM inspectorate of probation labelled 10 local probation services as “requires improvement” and 14 as “inadequate”. It identified staffing challenges, unmanageable workloads, deficits in casework and insufficient management of risk, public protection and safeguarding. However, it also found outstanding statutory victim work, commitment and vision from staff and some good partnership working. The Committee has seen that itself on its visit to probation services.
I will however raise my concern about the ability of Serco, the current electronic tagging provider, to deal with the dramatic increase in demand on its services that will inevitably result from the sentencing Bill. The Committee has been in frequent correspondence with the Prisons Minister to raise our concerns regarding Serco’s poor performance, which has also been highlighted by Channel 4 and its “Dispatches” programme.
The Committee has identified several issues with management of the tagging contract, including substantial delays to the fitting of tags, even to serious offenders. We were shocked to learn that financial penalties have been levied on Serco every month since it took on the service in May 2024. It is unclear how Serco will be able to deal with increased demand given its unacceptable performance in managing the electronic tagging service at its current level.
I turn briefly to conditions in the prison estate. In 2023, HM chief inspector of prisons Charlie Taylor said that one in 10 prisons should be closed down. He stated that about 14 Victorian jails were so poorly designed, overcrowded and ill-equipped that they could not provide proper accommodation for prisoners. Last year, 63% of prisoners reported overcrowding. That is often with two or more prisoners in a cell that was designed for one person, with no private toilet facilities.
Drugs are an increasing problem in prisons. The Committee has covered that extensively in its “Tackling drugs in prisons” inquiry, which is due to report shortly. Between April 2023 and April 2024, almost 50,000 adults aged 18 and over were in alcohol and drug treatment in prisons and secure settings, which was a 7% rise compared with the previous year. In the 12 months to December 2024, there were 10,600 assaults on prison staff—violence is also on the increase in prison, which is partly a result of the unpredictable environment created by the abundance of drugs available—which is equivalent to 122 assaults per 1,000 prisoners, an increase of 13% from the previous year and the highest number of assaults on prison staff recorded in one year. The use of force by prison officers and rates of self-harm among prisoners have also been increasing in recent years. Self-harm was 10% higher in 2024 than in 2023.
Overcrowding, increased drug use, violence and self-harm contribute towards a distressing environment in prisons such that the vital function of prisons to rehabilitate offenders can be almost impossible in some institutions. We are undertaking a major inquiry into rehabilitation and resettlement, which I hope will shed more light on these troubling pictures.
Beyond all that, we have the continuing scandal of IPP prisoners—those imprisoned for public protection. I recommend to the Minister the proposals published this week by the Howard League on a new approach to IPP prisoners, which would serve to reduce the numbers continuing in custody substantially.
Let me turn to His Majesty’s Courts and Tribunals Service, which is the second-largest body in the MOJ. In the Government’s main estimate for 2025-26, spending on HMCTS accounted for 21% of planned resource spending and 12% of capital spending. The current backlog of outstanding cases in the Crown court stands at about 4,000. That is a result of a number of factors, one of which is the shortage of criminal lawyers, driven by low legal aid pay rates and poor working conditions. The backlog in the courts is detrimental to the lives of thousands of people. Victims, witnesses and defendants alike are forced to wait in limbo for justice.
Dr Neil Shastri-Hurst (Solihull West and Shirley) (Con)
The hon. Gentleman raises an important point about court backlogs. Another factor is having the appropriate magistrates, legal advisers and so on to hear these cases. The Magistrates’ Association has raised concerns that the spending review allocation is insufficient to tackle that. Does he share those concerns?
Andy Slaughter
I do share those concerns. I want to take only a few more minutes with my speech, so I do not have time to go into what is happening in the magistrates courts as well—that is a debate for another day—but the shortage of magistrates, the shortage of legal clerks and low pay rates across HMCTS are clearly some of the factors that prevent us from getting to grips with the backlog, even though I have no doubt the Government wish to do that.
I welcome the Lord Chancellor’s allocation of 110,000 sitting days in the Crown court for 2025-26: the highest sitting-day allocation made since HMCTS was created and the biggest financial settlement ever made for the Crown court. I hope that that is enough to bring about some reduction in the backlog. However, I note that the allocation is below the 113,000 days that the Lady Chief Justice told the Committee the Crown court could sit for in the last financial year, and there have been similar increases in sitting days for other courts, including the magistrates court, which will sit for up to 114,000 days a year.
The Government have acknowledged that the allocation of days is not enough on its own to severely reduce the backlog in the Crown courts and that more radical reform is required. I therefore welcome Sir Brian Leveson’s independent review of criminal courts, which will propose options for both short and long-term reforms aimed at ensuring cases are dealt with proportionately in the light of current pressures on the Crown court and explore how the courts could operate as efficiently as possible. I look forward to the first report of the review, which is due to be published next month.
I will briefly touch on the role of the Legal Aid Agency. In terms of expenditure, the LAA is the third largest body within MOJ. Its day-to-day budget was around £0.9 billion, which comprised 8% of the MOJ’s total resource budget. Between 2009-10 and 2023-24, resource expenditure on legal aid decreased by 2% in cash terms and by 31% in real terms. I was surprised to see that the spending review did not include a specific funding allocation for the Legal Aid Agency; the only reference to it was in the context of potential efficiency savings that the MOJ will make in the review period.
Concerns have been raised about the sustainability of the criminal legal aid sector, given the number of legal aid firms and of solicitors and barristers practising in this area. In March 2025, the Law Society said that the number of criminal duty solicitors had fallen by 26% since 2017 and that that may, in future,
“leave many individuals unable to access their right to a solicitor and free advice.”
Even though I welcome the MOJ’s announcements in December 2024 of an additional £92 million per year for criminal aid solicitors, and I look forward to seeing the results of its consultation on that, it may well not be enough. Indeed, the 15% uplift in criminal barristers’ fees as a consequence of the Bellamy review took so long to come in and was so far overtaken by other increases in cost that that again needs to be looked at in the near future if we are to sustain the criminal Bar.
Linsey Farnsworth (Amber Valley) (Lab)
Does my hon. Friend agree that the lack of legal aid solicitors and barristers will only compound the problems of the court backlog? That is because cases will either have to be adjourned as a consequence of lack of legal counsel or they will take longer when defendants appear without legal counsel because those defendants will need more time and support from the court and other court services. Is my hon. Friend concerned about that?
Andy Slaughter
That is already happening. Non-availability of counsel, whether Crime Prosecution Service or defence counsel, is already one of the main reasons for ineffective trials. I therefore hope we will hear something about that and the Government’s plans to alleviate it when the Minister responds.
I briefly mention the cyber-attack that the Legal Aid Agency was subject to in April. The attack revealed serious concerns about the robustness of Government-managed digital services and the protection of sensitive data, and holds risks for the day-to-day operation of the justice system. We need the further statement that the Courts Minister promised on the steps being taken to recover that position—not today, perhaps, but soon—and the Committee will conduct its own inquiry into access to justice, beginning with a call to evidence this summer.
I reemphasise the importance of the role the criminal justice system plays in the proper functioning of our society. Out of sight should not be out of mind, in that respect. I appreciate the steps that this Government are taking and the struggle and the tasks that they have going forward. However, there is so much to do that we need to get on with it in a speedy fashion.
Finally, let me thank all those who work in the criminal justice system: those who risk their lives and their safety as frontline prison officers and probation officers, and those who keep the system running—judges, barristers and court staff. Across the piece, we see people going above and beyond because of the situation in which the system has been left. I am sure this is one point that will unite both sides of the House: we all appreciate the work that goes on every day to keep people safe and to ensure that justice is done.
Sir Ashley Fox (Bridgwater) (Con)
The Chancellor substantially increased the budget of the Ministry of Justice in the spending review from £11.9 billion in 2023-24 to £15.6 billion in 2028-29. We are told that that is a real-terms increase of 3.1% over five years. It is our duty in this place not just to applaud ever larger sums of money being spent, but to scrutinise whether that money is spent well and to ensure it represents good value for money for the taxpayer. There is no question but that the criminal justice system is under strain. I trust the Lord Chancellor will do her best to ensure that she uses the money wisely to fix the various problems the Chairman of the Select Committee has described.
One of the biggest problems facing the criminal justice system is the Crown court backlog. As of the end of 2024, almost 75,000 cases were awaiting trial. That is an increase on the figure when the Lord Chancellor took office and it is projected to rise further. Justice delayed is justice denied. Witnesses’ memories fade and victims feel that they have been forgotten. I appreciate that much of that rise was caused by the pandemic, and we are still dealing with the fallout, but the Lord Chancellor must do more to reduce that backlog.
Although there is more money for the courts as part of the spending review, we need to ensure it is effectively deployed. The Government say it is a priority, yet we still have empty courtrooms. When the Lady Chief Justice came to Parliament last November, she offered 6,500 additional sitting days. Will the Minister explain why the Lord Chancellor did not accept every single one of the extra days offered? The Lord Chancellor must use the additional money she has been given to improve the efficiency and effectiveness of both the Crown and magistrates courts, and to reduce the backlogs.
The justice system also faces a lack of prison spaces. The Gauke review, commissioned by the Lord Chancellor, has effectively recommended the ending of short prison sentences in favour of community sentences. About half of admissions to prison are for sentences of less than 12 months. The Howard League says that about 30,000 people a year are sentenced to six months or less. Setting aside for one moment whether that is the right policy, which I doubt, if it is implemented by the Government it will require a very large increase in the number of probation officers.
Joe Robertson (Isle of Wight East) (Con)
My hon. Friend talks about probation and prison places. Does he share my concern that it is all very well for the Government to announce £7 billion to deliver prison places by 2031, which is six years away, while 16,000 prisoners are walking the streets because they were released earlier by this Government? What will happen in the next six years? Will more prisoners be released early while we wait for those prison places?
Sir Ashley Fox
The danger is that the public lose confidence in the criminal justice system if prisoners are released so early. As I mentioned, there is already a shortfall of nearly 2,000 probation officers. In fact, there are now 200 fewer probation officers than when Labour took office. If the Government intend to go ahead with this plan, we need to know how they plan to recruit the additional probation officers that they will need. What is their plan? If they go ahead with abolishing short sentences, those community sentences will have to be seen by the public to be really tough and worthwhile if the criminal justice system is to retain confidence. I fear that the Government do not have a plan for that. Although we see more money allocated in the budget for prison and probation services, we do not get any detail about what that means for the recruitment of those extra probation officers. I would be grateful if the Minister could address that point.
I also ask the Government to look at other methods of alleviating the strain on prison places that do not involve additional expenditure—for example, deporting foreign national offenders. There are currently 11,000 foreign offenders in our prisons, but our record on deporting them remains poor. Only 3,500 were deported last year, and too many are still able to avoid deportation by using the European convention on human rights. This needs to change. The Government have said that they will review the right to family life being used in appeals in serious cases related to asylum seekers who have been convicted of sexual offences. I welcome that, but we need to go much further. We should deport all foreign national offenders at the end of their sentences and disapply the Human Rights Act.
The obvious way to ensure that we have enough prison spaces in the longer term is to build more prisons. During the general election campaign, Labour promised to build 20,000 additional places, but in the year since the Government took office, little progress has been made, and it was recently revealed that they have actually cut hundreds of millions of pounds from the capital budget to cover the cost of pay increases for staff and the imposition of the Chancellor’s jobs tax.
It is always tempting to welcome an increase to a Department’s budget, but we need to ensure that the spending is matched by proper accountability and planning. We cannot afford for this new funding to be simply absorbed by justice bureaucracy. Will the Minister explain how much of the extra money that his Department has been allocated will go in additional national insurance charges, wage rises and inflation? It is simply not credible to make countless promises in opposition or on the campaign trail, only to quietly shelve them when in office. The Opposition will hold the Government to account for the commitments they have given.
Kim Johnson (Liverpool Riverside) (Lab)
I thank my good friend, the Chair of the Justice Committee, for his excellent speech and for securing this debate. I am grateful for the opportunity to speak in it and I declare my interest as chair of the all-party parliamentary group for miscarriages of justice. I welcome the estimate and the commitment in the spending review, but I want to focus my remarks on an area of grave concern: Ministry of Justice spending on criminal justice—and, more specifically, the adequate prevention and correction of miscarriages of justice.
What is the value of justice if innocent people are still being convicted, imprisoned and left to rot in our criminal justice system? The sad truth is that for all the billions we debate today, the Ministry is failing in one of its most fundamental duties: ensuring that innocent people are protected from wrongful conviction and supported when the system fails them. Miscarriages of justice are not theoretical; they are real and ongoing, and they destroy lives.
Andrew Malkinson was wrongfully imprisoned for 17 years for a crime he did not commit. He was exonerated last year, but only after a tortuous journey through a system that was more interested in protecting itself than uncovering the truth. Peter Sullivan, wrongfully convicted of murder, spent 38 years in prison before being exonerated only last month. He is a victim of the longest miscarriage of justice involving a living prisoner in British legal history. These cases expose deep systemic flaws and happened in plain sight, but across the country individuals are experiencing criminalisation and injustice without proper recourse. Their names do not always make the headlines, but their stories are no less important. Miscarriages of justice are not rare accidents; sadly, they are now an inevitable consequence of a failing system stripped of its checks and balances.
At the heart of that system is the Criminal Cases Review Commission—a body that was designed to be the safety net, to identify where the system had gone wrong and to help innocent people find justice. Yet the CCRC is in crisis. In May, the Justice Committee published a damning indictment of its leadership and performance. It stated that the CCRC had shown
“a remarkable inability to learn from its own mistakes”
and that it had “deteriorated significantly” in its ability to fulfil its vital function. The Committee concluded that “root and branch reform” is required, and it is found in the clearest possible terms that it was untenable for the current chief executive Karen Kneller to remain in post. That is not political rhetoric; it is a cross-party Committee of this House carrying out its scrutiny function and reaching deeply troubling conclusions.
The CCRC’s failures come at a terrible cost, not only to those wrongfully convicted but to public confidence in the rule of law. Every year that it fails to identify miscarriages, innocent people remain behind bars, their lives on hold or, worse, permanently destroyed. But I also want to acknowledge a step in the right direction. I welcome the appointment of Dame Vera Baird KC as the interim chair of the CCRC. Dame Vera has a long and respected record of championing justice and accountability. I hope her leadership marks a turning point, and I look forward to seeing real progress, not just in leadership, but in culture, performance and independence. For that to happen, the Government must take these responsibilities seriously. Reform cannot come on the cheap. The CCRC must be properly resourced and empowered to do the job it was created to do, because until we properly fund our safeguard, miscarriages of justice will continue, the human cost will remain unbearable and the financial cost unsustainable.
I also want to touch on two areas critical to justice: legal aid and forensic sciences. Since 2010, funding has been slashed by hundreds of millions of pounds, and access to justice and representation is now a postcode lottery. We are seeing the collapse of criminal defence provision across England and Wales. There are now entire areas with no local legal aid solicitors, which disproportionately affects those from marginalised groups—those most vulnerable to miscarriages of justice.
Forensic science, which was once the gold standard, has been fragmented and degraded. A three-year inquiry into forensics set up by the APPG for miscarriages of justice recently concluded that the sector is in a “graveyard spiral”, leading to poor police investigations, increasing numbers of unsolved crimes and more wrongful convictions. Evidence shows that our system continues to fail to ensure not only the prevention of miscarriages of justice, but their speedy identification and resolution when they do occur. We support calls for a full national audit of forensic provision to access the urgent support needed to prevent further decline and to protect future investigations and trials from preventable failure.
Let me turn to prisons and the chronic underfunding that is failing staff and those in custody. At the justice unions parliamentary group yesterday, I heard at first hand about the crisis in prison education. According to Ofsted, 82% of prisons and young offender institutions are rated “inadequate” or “requires improvement” for education, skills and work provision. Prison educators are paid less than their counterparts in the wider further education sector. The Education Committee warned in 2022 that poor pay, unsafe working environments and a lack of respect have driven a recruitment and retention crisis. That is unacceptable. Education is one of the most powerful tools for rehabilitation, yet we are underfunding and undervaluing the very people delivering it.
The same is true of prison maintenance. Privatisation has been a costly failure. Basic repairs remain undone, squalor is widespread and the maintenance backlog is estimated to cost nearly £2 billion. I support the POA’s “Bring it Back” campaign for insourcing prison maintenance. The promised biggest wave of insourcing in a generation must start here. In our crumbling prisons, where contracts have failed, conditions are decaying and dangerous for both staff and prisoners. I also support the POA’s campaign on retirement age. Asking officers to work until they are 68 in such a high-stress, high-risk environment is simply unsustainable. Sixty-eight is simply too late.
We are debating how to spend £18 billion in the Ministry of Justice, but money alone is not the issue; it is about priorities. If the very foundations of justice are crumbling, every other investment is undermined. The criminal justice system continues to fail innocent people. Chronic underfunding has rendered safeguards weak and ineffective. Leadership has been absent where it was most needed, and time and again the system refuses to admit it when it gets things wrong.
Miscarriages of justice are not tragic accidents. They are the inevitable consequence of a system that is under-resourced, poorly led and structurally resistant to scrutiny. Every wrongful conviction is not just a personal tragedy, but a betrayal of our legal system and the values it claims to uphold. Justice denied to one is justice denied to all.
Let us invest not just in buildings, but in truth; not just in processes, but in people. Above all, let us put real justice—not convenience or cost-cutting—at the heart of everything the Ministry of Justice does.
Pam Cox (Colchester) (Lab)
I rise to speak as the Member of Parliament for Colchester and as a member of the Justice Committee. I also declare an interest as the recently elected chair of the all-party group on penal affairs.
The estimate for the Ministry of Justice proposes a 6.5% increase in day-to-day spending and a 20.8% increase in capital investment. Those are welcome figures. They are necessary because this Government inherited from the previous Government a crisis across the criminal justice system: in our courts, our prisons and our probation services.
Let us begin with our courts. As my hon. Friend the Chair of the Justice Committee outlined, the Crown Court backlog stands at more than 74,000 cases—double the number in 2019. Victims are waiting years for justice. The increase in sitting days and the investment in digital infrastructure are a necessary first step. As a member of the Select Committee, I have visited our courts where dedicated public servants are working hard, despite the challenges, to deliver justice for victims. We need bold reform, and I look forward to the recommendations of Sir Brian Leveson’s review later this year. We all hope that they will indeed be bold. The justice system too often appears to be stuck in a bygone age.
In our prisons, we all see the failures of the last Government laid bare: failure to plan for the long term in prison places, failure to rehabilitate prisoners, and failure to prevent reoffending. The prison population now exceeds 87,000, with projections of more than 100,000 prisoners by 2028. Overcrowding is rife, with 24% of prisoners held in crowded conditions. The maintenance backlog has ballooned to £1.8 billion. There cannot be effective rehabilitation in a prison system that is so overcrowded.
Time and again, the Select Committee has heard about poor contract management, and a failure around transparency and value for money across a range of contracts, from education to maintenance to drug and alcohol services. I hope that the Procurement Act 2023 will tighten up those essential processes. The Act has to be fit for purpose. If procurement is not fit for purpose, prisons will not be fit for purpose.
The Government’s 10-year prison capacity strategy promises 14,000 new places, compared with just 500 under the last Government over those 14 wasted years. However, as my hon. Friend the Member for Liverpool Riverside (Kim Johnson) said, we cannot just build our way out of this crisis. We need a smarter approach to sentencing and rehabilitation. I welcome the Justice Secretary’s commitment to the earned progression model and the expansion of community-based alternatives. Earned progression must be matched with access to decent prison programmes, health, education, wellbeing and so on, so that progression is indeed earned and helps offenders to turn their life around, thereby protecting the public and victims from harm.
Those reforms must be matched by investment in probation. The Probation Service is under severe strain, with many local services rated as inadequate and staff turnover still too high. The £700 million earmarked for probation reform is a start, but we must ensure that it delivers real, measurable improvements in reoffending rates.
Expenditure on legal aid is down 31% in real terms since 2010. That hollows out access to justice. The recent commitments to increasing funding for solicitors and youth court work are welcome, but I echo Labour colleagues’ comments that we need to go further on legal aid where possible. A justice system that works only for those who can afford it is no justice system at all.
The estimate reflects a Government who recognise the scale of the challenge. The Secretary of State and her ministerial team have worked hard to deliver the increase in funding. The last Government lost control of the courts, prisons and probation. These measures will go some way towards putting that right so that we can all have faith in our justice system again.
Linsey Farnsworth (Amber Valley) (Lab)
I, too, am a member of the Justice Committee. I am also a former prosecutor who worked in the criminal justice system.
Today is an opportunity not only to examine the Ministry of Justice’s estimates for the coming year, but to assess whether our criminal justice system is being resourced to meet the scale of the challenges it faces and to make our communities safer. I want to talk about the sentencing review and its impact on resourcing, especially for the Probation Service.
We inherited a system that was on the brink of collapse. The 2024 report on prison population growth revealed that England and Wales had the highest per capita prison population in western Europe. Our Government had to respond to that crisis immediately on entering into office. My right hon. Friend the Justice Secretary’s temporary early release scheme was a difficult but necessary decision to protect the justice system from breaking altogether, and to ensure that dangerous offenders were not turned away from the courts due to lack of space.
Joe Robertson
The hon. Member referred to the early release scheme as temporary. Is she 100% confident that it is a temporary scheme, and that the Government will not release more prisoners over the next few years?
Linsey Farnsworth
We inherited a particularly drastic situation, which will not be turned around overnight. The Minister will speak on behalf of the Government, but I expect the Government to make these difficult decisions until we are in a better position. That may have to be reviewed in due course. I do not speak for the Government, but I trust them to ensure that the public are safe and that there are places available, by whatever means, so that dangerous criminals can be put in jail.
We must move beyond crisis management. This mission-driven Labour Government are investing to deliver 14,000 new prison places by 2031. My hon. Friend the Member for Colchester (Pam Cox) was right to point out that that contrasts starkly with the 500 prison places that the previous Government created in 14 years. However, it is clear that the solution to overcrowding cannot simply be to build more prisons, but instead lies in breaking the cycle of reoffending.
Dr Kieran Mullan (Bexhill and Battle) (Con)
As a member of the Select Committee, you will want to be accurate in what you say about prison places—
Madam Deputy Speaker (Ms Nusrat Ghani)
Order. Dr Mullan, there is no “you” in the Chamber; you are talking through the Chair.
Linsey Farnsworth
I recognise that prison places were created, but we are talking in net terms, and net, there were 500 extra places. [Interruption.] We are certainly not happy with only 500 places, net, over 14 years. That is why this Government are taking action to increase prison places in real terms.
We must sort out the cycle of reoffending, which places a massive strain on the system. Almost 60% of those receiving a prison sentence of 12 months or less reoffended within a year, and in those instances, focusing on what happens after a crime has been committed is the best way to prevent future offending. We do not need a justice system that is bigger; we need one that is fairer and more effective. Our ambition and reforms to make our streets safer cannot be achieved by enforcement alone. They must be backed by proper sustained funding, particularly to support the Probation Service, which is at the heart of a functioning and fair justice system.
That takes me back to a project in Nottingham that I was proud to be involved with in the early 2000s. It was the community justice initiative under the last Labour Government’s “respect” agenda—yes, I am that old, Madam Deputy Speaker.
Madam Deputy Speaker (Ms Nusrat Ghani)
Order. For the record, I did not comment on the lady’s age.
Linsey Farnsworth
Indeed, Madam Deputy Speaker, and I am grateful for the fact that you did not; I am very conscious of my age myself. The community justice initiative brought the community into the justice process. It allowed community impact statements to be made for certain offences, such as antisocial behaviour, and took a holistic approach to sentencing. It aimed to tackle drivers of offending, including drug misuse, unemployment, and poor education. Although the initiative worked, it was unfortunately short-lived because it lacked the resources and funding that would have made it sustainable in the longer term.
Just like the community justice initiative, the reforms set out in the first year of this Government offer enormous promise. I do not have a crystal ball and do not claim to see into the future, but as we look ahead to the Ministry of Justice’s prescribed spending for the following year, it seems that, as ever, two possible scenarios are before us. In the first we learn from the past; in the second, we repeat its mistakes. Let me be clear: we cannot allow history to repeat itself, and we must not allow ourselves to return to crisis point because we are unable to resource initiatives that will help us to reform the justice system.
As a prosecutor, I saw the same individuals pass through the courts again and again. I saw how the cycle of reoffending devastated lives, clogged up courts, and cost the taxpayer millions. I therefore wholeheartedly welcome the shift from short prison sentences, which are proven to do little to reduce reoffending, towards community sentences, which get to the root of the offending behaviour. I am pleased that we have a research-based sentencing review, through which we can work to reduce the problem and tackle the causes of crime, but that work must be financed in a sustained manner if it is to succeed.
The Probation Service is at a crossroads, and its future will be decided by the adequacy of resourcing, staffing, and funding. The Government have promised that it will receive an increase by 2028-29 of up to £700 million to support the reforms set out in the independent sentencing review, and the Minister responsible for prisons, parole and probation has set a target to recruit 1,300 probation staff in the next year. The Ministry of Justice’s budget for 2025-26 shows other welcome increases, including nearly £800 million more for day-to-day spending, £523 million of which is allocated to prisons and probation, and a huge 32% increase in capital expenditure.
The justice system has suffered from years of underfunding and under-resourcing, which has resulted in overcrowding and overburdening. Justice reform is about protecting communities, supporting victims, and giving offenders the opportunity to transform their life and reintegrate into society. If we are to avoid a return to the crisis we inherited, the Probation Service must receive the resources that it desperately needs.
Tom Hayes (Bournemouth East) (Lab)
We who knock on doors week in, week out, know all too well the trend that has grown in recent years; every display of incompetence, every proof of national decline, and every sign of political self-interest from the Conservatives has damaged—indeed, hollowed out—public trust in the ability of our democracy to get things done. The public have had their fill, and in few other policy areas, and with no other political party, have they seen such incompetence, such decline, and such self-interest as with the criminal justice system and the Conservatives. It was the Conservatives who melted our criminal justice system, and the Conservatives who lost control of the security of our communities. It was the Conservatives who clung to hopeless policies. Indeed, it is not an exaggeration to say that in crashing the criminal justice system, the Conservatives did more harm to our country’s faith in democracy, and the ability of the state to get things done, than we can ever know or quantify.
I do not exaggerate that, because when I knock on doors I hear that when people ring the police, they cannot get them to attend. When they submit crime reports, they do not hear back, and they feel that there is an absence of visible policing on their streets. That is the inheritance that the Conservatives gave the Labour Government. There is a hopelessness in our politics, and we need to reckon with that reality. Our courts are clogged, victims are waiting years for justice, police officers are stretched to the limit, legal aid is hollowed out, and communities feel unsafe and unheard. Shoplifting, antisocial behaviour, and the illegal use of e-scooters and e-bikes are examples that people in our communities raise of local decline, and they say that there are too few police to respond to those issues. This is not just a matter of law and order; it is a matter of fairness, decency and safety.
This Labour Government have a challenge: to put right a criminal justice system that was fundamentally broken—[Interruption.] When I see that Opposition Members are here in such few numbers, and are laughing at what I say, it is really disheartening.
Dr Mullan
I gently point out that the hon. Gentleman might consider the ratio of Labour Members to Conservative Members, and look at how many people are on the Conservative Benches and on the Labour Benches. We can be pretty proud of our showing, compared to that of Government Members.
Tom Hayes
That is so wide of the mark. It is unsurprising that the Conservatives are floundering in polls and so unwelcome in our communities. We can and must regain public trust in our criminal justice system, and in the ability of our democracy to do things. We want a criminal justice system that works for everyone and protects the public, that respects victims, and that rehabilitates offenders where that is possible, and where that is not possible, locks people up for the appropriate amount of time. We want a system that protects the Probation Service and our prison officers, and ensures that we are truly able to be a secure country again.
I welcome the announcement that our Labour Government will provide 13,000 more police officers, with 40 going to my area. I welcome the fact that we are tackling court backlogs by creating more sitting days; those who work in the court system across Bournemouth, Christchurch and Poole have privately told me that they welcome that. We must champion victims’ rights. Having run a domestic abuse service for five years before my election, that particularly matters to me, and I know that many colleagues across the House care passionately about tackling domestic violence, as well as rebuilding our youth services. Having run a mental health and domestic abuse service, I know the importance of the third sector. I plead with the Minister to ensure that the third sector has a role in our thinking about how we can rehabilitate those who can be rehabilitated.
John Slinger (Rugby) (Lab)
I thank my hon. Friend for giving way on that important point. Will he join me in acknowledging the excellent work of organisations such as Futures Unlocked in Rugby? I recently met John Powell, its operations manager, as well as its trustees and volunteers. Those small charities do so much work to help ex-prisoners transition to life outside prison. I was hugely impressed. They often do work that the Probation Service cannot do, despite its best efforts, after 14 years of underfunding under the previous Government.
Tom Hayes
I thank my hon. Friend for that really important point. I welcome the work of the charity and the charities in his area, as I welcome the work of charities in all our areas. He puts his finger on the issue.
Charities are able to do things that the Probation Service is not. They can create trust in people and refer that trust on to statutory services. They can provide bespoke support that treats individuals as human beings seeking education and skills training, employment support, mental health and addiction support, housing assistance and peer support—in some cases the most powerful support. In providing that bespoke support, charities can help not just to reduce offending rates and rehabilitate and get people into work, but to bring down crime rates and the cost to the public purse of our criminal justice system.
I will say one point on that issue: we need to recognise the link between poverty, exclusion and offending rates. I want to be very clear that that is not to say people who grow up in disadvantage ought to commit crime, but we need to recognise what the evidence shows. There is a correlation and a causation, and as a Government we therefore need to tackle the root causes of poverty and exclusion. In so doing, we can tackle the reasons why people may offend.
I thank the Minister for what he is about to say, which I am sure will be excellent, and I thank hon. Members for their contributions. If our democracy feels fragile, it is because of the record of the last Government in this area. If our democracy is to recover, it will be because of the prompt and proportionate action that I believe this Government will take, building on the action that they have taken to truly address the challenges we face. The British people know what they want—they tell us often enough. It is our job to listen and provide the competence, progress and better outcomes that they are crying out for.
Madam Deputy Speaker (Ms Nusrat Ghani)
I call the Liberal Democrat spokesperson.
Josh Babarinde (Eastbourne) (LD)
I thank the Chair of the Justice Committee, the hon. Member for Hammersmith and Chiswick (Andy Slaughter), working with the hon. Member for Amber Valley (Linsey Farnsworth), for making the pitch to the Backbench Business Committee to secure this debate. I join him in thanking the incredible staff who work across our criminal justice system. If I may, I will add that charities such as the incredible abandofbrothers in Eastbourne work with young ex-offenders across my hometown to tackle crime.
As has been documented in this Chamber today, the last Government left our criminal justice system in a state. Our prisons were left in crisis and overcrowded, with increases in violence and self-harm incidents at their highest since records began. Our probation services were left high and dry, with an electronic tagging contract that left offenders with violent convictions unmonitored for far too long. Our courts were left dealing with staggeringly high backlogs, with tens of thousands of open cases and victims waiting months and even years for justice. As has been mentioned by hon. Members, reoffending is through the roof, with 80% of people in our prisons being reoffenders. That is a symbol of more crime, more victims and more misery and harm. That carries an enormous price tag, with reoffending costing society more than £18 billion a year.
The consequences of that dire set of circumstances have been plain for us all to see; I saw them myself when I worked in this space before being elected to this House. I spent my career supporting young ex-offenders out of crime and out of gangs in the east end—very far from Eastbourne in many different ways. I remember working with a particular young person. I said to him ahead of his first day of work with us to come in wearing some smart trousers, and he did not know what I meant. He said, “Josh, do you mean court trousers?” What a sad state of affairs it is when a young person in our country has grown up more accustomed to the criminal justice system than to our education system. I am afraid that is a legacy of the last Government.
I remember working with another young person who went into a young offenders’ institution that was notorious for its issues with violence. He was working with us as a phone repair technician before he went in. He came back when he came out of that institution, except he came missing a finger as a result of some of the things going on in that place. Again, some of our institutions are out of control.
As a victim, I have experienced what it is like to wait for years to have a case heard through an adversarial criminal justice system that seeks to beat down victims, as opposed to supporting them to rise up. That needs to change. Giving credit where it is due, I welcome the investment that this Government are making in our criminal justice systems through the spending review, but that investment is not a silver bullet, and it might not go far enough to right the wrongs of the past: it must be accompanied by reform.
There is no mention in the spending review specifically of investing in our crumbling courts, which cause so much inefficiency and cost our system, victims and justice. As the hon. Member for Solihull West and Shirley (Dr Shastri-Hurst) mentioned earlier in the debate, the Magistrates’ Association has been particularly concerned about the lack of mention of funding for legal advisers in magistrates courts. The lack thereof is resulting in one in 10 sittings being cancelled.
While investment in creating new prison places has been announced, the spending review features no reference to extra funding for women’s centres—an alternative to custody—despite David Gauke recommending that in his independent review and charities such as Working Chance telling us that women’s centres are often at least 10 times more effective at reducing reoffending and are more cost-effective than the prison system. Although we welcome the £700 million committed to the Probation Service, it is critical, as per the demands of Women’s Aid, that some of that cash goes towards mandatory training for probation officers as far as recognising domestic abuse and protecting survivors of domestic abuse is concerned.
Tessa Munt (Wells and Mendip Hills) (LD)
On that point, we are clear that the money that goes into the probation system may not be enough to deal with the scale of the added pressures on the probation system. I think the Chair of the Justice Committee, the hon. Member for Hammersmith and Chiswick (Andy Slaughter), talked about contract management. The example of Serco is a really good one; there will be so much more reliance on electronic tagging. Will the money actually allow that to happen?
Josh Babarinde
I agree with the point that my hon. Friend makes. This is about much more than just the spend: it is about the efficiency of the spend. Taxpayers deserve far better than what they are getting at the moment from the Serco contract, under which, as I said earlier, many offenders are being left without the proper, robust monitoring that victims, survivors and our communities need and deserve.
Let me come on to reoffending. The Gauke review offered many recommendations to unlock supply in our prisons, but it was fairly light on what can be done to stem the demand going into our prisons. Preventing crime and reoffending was the Cinderella of his review. It may be out of scope in some respects, but it is critical that our criminal justice system is reformed in a holistic way. That is the true means of being able to make our criminal justice system more efficient.
When it comes to victims and survivors, commitments around reversing the damaging impact of the national insurance increases for employers were missing from the spending review. Victims’ charities have written to me to say that the increase in those taxes, as well as cuts to police and crime commissioner core budgets, are tantamount to a 7% real-terms cut in their budgets. This means that victims’ services—services not dissimilar from the independent sexual violence adviser services that I once accessed at SurvivorsUK—will be compromised. I urge the Government to look again at this issue.
The status quo of more reoffending at an exponentially high cost to the taxpayer is both immoral and unsustainable. While this investment will go some way towards reducing backlogs, increasing prison capacity and improving our probation services, vital challenges are still unmet. As I have said just this week—in fact, it may have been yesterday—directly to the Minister, Liberal Democrats stand ready to work constructively with the Government. We will scrutinise their measures, but also give credit where it is due in order to help achieve more justice for victims, survivors, and our communities.
Dr Kieran Mullan (Bexhill and Battle) (Con)
It is a pleasure to respond on behalf of His Majesty’s Opposition to this estimates day debate on Ministry of Justice expenditure as it relates to criminal justice. I thank the Select Committee Chair, the hon. Member for Hammersmith and Chiswick (Andy Slaughter), for securing and opening the debate. We are in Armed Forces Week, and those of us who have been involved in the criminal justice system in various guises over the years know that in our prison service, around a quarter of prison officers have an armed forces background. In that sector alone, we see the ongoing contribution that people from the armed forces community make to our public services in different ways. It is a pleasure to be able to pay tribute to them on the record today.
Criminal justice is, of course, a very important topic for discussion. Our courts, prisons and probation services are the bedrock of our criminal justice system. This Government have been in charge of these key areas of public expenditure and activity for almost a year now, and we have heard from Members about the challenges that those who are in contact with the criminal justice system continue to face. We all know that, almost from day one, this Government have lurched from crisis to crisis, and sadly the Ministry of Justice has not been spared. As we consider the estimates for expenditure and the Government’s linked plans to overcome challenges in the criminal justice system, we can only have a meaningful debate if we consider the journey we have been on to reach this point.
I will begin by responding to the points that have been raised about the inheritance that this Government had. Their inheritance can only be fairly considered in the light of what we inherited, what we delivered despite the challenges, and what challenges remain. Labour Members talk about challenging inheritances in the criminal justice system, but what did we face upon arriving in office? We have heard a lot in recent months about Labour being forced into early release schemes for prisoners as a sign of the pressures on the system, but what exactly was happening with early release at the end of Labour’s last period in government? Under the last Labour Government, an astonishing 80,000 prisoners were released early—a huge number—with those releases stopping just before the election for purely political reasons. We were left to pick up the pieces across the prison estate that we inherited. During our 14 years in office, we released just 6% of that figure. If the number of prisoners that Labour Members say they have been forced to release since they came into office is a barometer of failure, what exactly do they make of releasing 80,000 prisoners early after more than a decade in charge?
Perhaps Labour had a good excuse for releasing that many prisoners early—maybe it happened because Labour had been spending its time in office rightly toughening up sentencing for the worst offenders. I am afraid not. In fact, in what I consider to be an enormous historical mistake—the consequences of which we are still battling today when it comes to delivering proper punishment through the justice system—Labour introduced automatic halfway release for essentially all offenders when it was last in government. Those offenders were not included in the figure of 80,000 released early under the emergency schemes I have spoken about. Essentially, all offenders were released early, yet Labour still managed to have a sustained crisis in prison capacity, so I do not take any lectures from Labour Members about the history of the Labour party and the criminal justice sector.
Under the previous Conservative Government, we worked to restore public confidence that serious offenders would face the punishment that their crimes deserved, and worked hard to ensure that—unlike when Labour was in government—we did not have to release 80,000 prisoners early through emergency release schemes. We brought in serious reforms. We reduced automatic release from halfway through a sentence to two thirds of a sentence for the most serious offenders, which was a huge step forward in introducing a greater degree of proper punishment into the criminal justice system. Building on that, we introduced whole-life tariffs for the premeditated murder of children. We increased maximum sentences for the worst child abusers through Tony’s law; for killers of emergency service workers through Harper’s law; and for those who kill through driving in memory of victims such as Violet-Grace. I am proud of all those reforms, and make no apologies for them.
Such measures do create challenges for prison capacity, but as I will go on to explain, those changes were necessary. More than any other factor, it was covid that created the challenges we now face. Of course, we had to tackle the enormous challenges presented by covid, which have left a long legacy in the criminal justice arena. We prioritised the right to jury trials in a way that the rest of the world struggled to; we had one of the shortest suspensions of sittings of trials, and did what we could to support the continuation of jury trials. We increased sitting days, allowing the courts to sit at maximum capacity for three years in a row; we invested £220 million in essential modernisation work for courts up to 2025; and we extended the use of 20 Nightingale courtrooms in 2024-25. That kept our justice system moving, despite what Labour now claims.
Undoubtedly, the backlog still presents challenges, but again, I am happy to compare records. Labour MPs are now deeply concerned about the backlog, but how concerned about Crown court backlogs were Labour MPs when they were last in government? I can tell Members that pre-pandemic backlogs in the Crown court reached higher levels during Labour’s time in office than they did under us. The increase in the remand population of approximately 7,000 above the historical average, which is directly linked to covid, is a major factor in the prison capacity challenges we now face.
What has Labour done to make a decisive difference since coming into office? Did the Government rush to maximise sitting days to get the backlog down? No, they did not—they have repeatedly dragged their feet. For almost six months, they did not take the Lady Chief Justice up on her offer of further sitting days, and even now, there are more days available to the Government that they have not funded. With each month that has passed, that has meant more lost court days, more people waiting and more pressure on the system than if they had just increased sitting days from the outset. What has been their biggest celebration when it comes to prison building? It is the opening of a new prison, HMP Millsike, which was planned, paid for and largely built under the previous Conservative Government.
Despite what Labour says, we created 13,000 prison places during our time in office, including in two new prisons, HMP Five Wells and HMP Fosse Way. I am not aware that any of Labour’s projected plans for prison places use net figures, which Labour Members want to use when looking at our record. The Government have announced plans for 14,000 prison places by 2031, supported by £7 billion, but 6,500 of those places were already in the pipeline, having been announced by the previous Conservative Government. Four of their new prisons were already planned or under construction, so this announcement is less a bold new strategy than it is a tired re-announcement. Even more concerning is the funding gap. The Government have allocated £7 billion, but the National Audit Office reports that the Ministry of Justice and His Majesty’s Prison and Probation Service expect the cost of expansion to be closer to £10 billion. That is a £3 billion shortfall, placing a serious question mark over how the promised places will be delivered.
How are the Government building on their legacy of releasing over 16,000 prisoners early just in their first six months, which is 11,000 more than planned? In the name of what they call sustainability, they are embedding even greater levels of early release into the system, unpicking the positive steps we took in government to turn around Labour’s legacy of weaker punishment. The Government are doing this on the back of a sentencing review carried out by David Gauke, based on the premise that increasing prison populations were unsustainable. I am clear that that review was an insult to the views of victims and their families—many have told me so directly—and it is unfortunate that so many Members speak positively about it. Imagine launching what you describe as a “landmark review of sentencing”, and then giving almost no consideration in the pages of that report to what victims and their families actually want from sentencing.
Worse, instead of a serious attempt to engage with what victims and their families might want, Mr Gauke chose to deploy the all-too-common patronising talking points of those who want us to believe that victims and their families simply do not understand sentencing, and that if they did, they would undoubtedly feel much better about it all. This might be of particular interest to the Chair of the current Select Committee, because Mr Gauke, in particular, cherry-picked quotes from our excellent report from a previous Session on public understanding and expectations of sentencing. As the hon. Member for Hammersmith and Chiswick might remember, that report very much engaged with what the public wanted and how to determine that more effectively. It takes a particular type of intellectual approach to go through a report full of rich detail and just pick out what suits you, hoping no one will notice. Well, I noticed, as did representatives of victims and their families such as Justice for Victims.
That half-baked exercise in considering sentencing has now served as the launch point for the Government’s sentencing policy. If halfway release was not an appalling enough legacy from the last time Labour was in government, the Government are reducing release to a third of the sentence for most offenders, and turning our two-thirds release for the worst offenders back into halfway release. Let us be clear: prisoners will now be rewarded for doing what should be expected of them. Obeying prison rules and engaging in education or working are the basic behaviours of any law-abiding citizen. They should not qualify offenders for early release, and they certainly should not allow them to serve as little as one third of their sentence. That is not justice.
Labour’s model rewards serious offenders, does little to protect the public, and is a dereliction of duty. All the while, our Crown court backlogs have increased by more than 10% and stand in excess of 70,000 cases. Our remand population sits at more than 17,000 people. Wherever we look, problems that Labour promised to fix in opposition are just getting worse. How does the Lord Chancellor now plan to tackle this challenge? The £450 million committed to the courts in the spending review is a perhaps useful, if not fully adequate, indication, but how will the money be spent? Unfortunately, that is where the Government fall short.
The Government have no substantial ideas of their own, with 14 years apparently not long enough for them to think of their own innovations. While we await the findings of yet another independent review that they hope will solve all their issues, they have announced that custodial sentences of under 12 months will all but vanish, replaced by community sentences. The consequences are staggering. Up to 43,000 offenders, including burglars, shoplifters and knife carriers, will avoid jail altogether. I have met local businesses at their wits’ end. They tell me about the rise in shoplifting, staff who are afraid and customers who no longer feel safe. Removing custodial sentences for repeat offenders does not send a message of reform; it sends a message of impunity.
Labour has chosen the easy way out. It is tackling the prison population not with long-term reform or capacity investment, but by quietly reducing sentences and downplaying criminal behaviour. It is short-term thinking that puts public safety at risk. In fact, just last week it was reported that the Government declined to move forward with building a new prison block. They say they are doing everything possible to avoid releasing prisoners early, but how does that square with that decision?
We might think that the Government would grab opportunities that cost nothing, but we have seen them stand in the way of reforms we put forward as amendments to the Victims and Courts Bill this week. Labour did not support making sure victims are awarded compensation equivalent to their losses, or allowing victims the freedom to speak their minds in victim personal statements. Labour did not support increasing the time available to collect courts fines, or giving victims and families a better chance to appeal unduly lenient sentences. All their lofty spending plans will be of little use if this Government’s ongoing mismanagement of the economy leaves us with even less money to spend on the Ministry of Justice.
Across nearly every single major economic metric, Labour has made things worse. Unemployment is up, inflation is up and all the projections of economic growth it inherited from us have been downgraded. Is it any wonder why? The Office for Budget Responsibility is clear about the damaging impact of the Government’s jobs tax, and businesses can see what is on the horizon with the Employment Rights Bill. The costs of borrowing are soaring. The MOJ’s expenditure pales in comparison to what we will be paying on interest in ballooning debt over the course of this Parliament.
I will finish with three short questions. First, given the funding allocated to probation and the increasing reliance on it and given that, as the Justice Committee member, my hon. Friend the Member for Bridgwater (Sir Ashley Fox) highlighted, the number of probation officers has gone down since Labour came into power, how do the Government plan to ensure that money is delivering effective services? Secondly, how do they plan to close the £3 billion gap in the prisons budget? Thirdly, given that so much of their own thinking is relying on it, when will Brian Leveson’s report be published? The British people deserve a justice system they can trust—one that protects victims, punishes offenders and keeps our communities safe. This Government’s approach fails on every single count.
The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)
I start by thanking the Chair of the Justice Committee, my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter), for his opening remarks and for securing this important debate, and I thank everybody else who has contributed so thoughtfully. I echo his words in paying tribute to everybody who works in the criminal justice system. They do an amazing job to maintain public protection, which is so important. I support the words of the Opposition spokesman, the hon. Member for Bexhill and Battle (Dr Mullan), in highlighting the role that people who have formerly been in the armed forces play in our criminal justice system. There is much for us to agree on.
One of the things we know is that Labour has always been tough on crime and tough on the causes of crime. I will give three facts to evidence that. In 13 years of Labour Government, we added 27,830 prison places. In 14 years of Conservative Government, they added 500 net prison places. So far under this Government, we have already added some 2,500 prison places. The figures speak for themselves.
We want a criminal justice system that works for everyone. That is what my hon. Friend the Member for Bournemouth East (Tom Hayes) said, and I think everyone in the House would agree. Last summer, our prisons were operating at over 99% capacity. Just days after taking office, we had no choice but to take emergency measures to avoid running out of space altogether. Had we not acted, the result would have been catastrophic. Our courts would have ground to a halt and the police would have been forced to halt arrests. In short, we would have faced a total breakdown of law and order.
We were left in that parlous position because the previous Government, despite all their promises and fine words, delivered only those 500 additional prison places in 14 years. At the same time, sentence lengths rose exponentially. As a result, the prison population is now rising by 3,000 each year. This Government take our duty to protect the public seriously, and that is why we are taking the robust, bold action needed to bring an end to this cycle of crisis, ensuing that the British public are never again put at risk by the failure to have enough prison places.
We are committed to bearing down on the outstanding caseload in the courts, which a number of Members have alluded to, and delivering swifter justice for victims, but we acknowledge the significant challenge facing the Crown court. As part of the spending review settlement, we agreed with the Treasury that we will fund record investment for the courts system by 2028-29, keeping sitting days at record highs over that period. We have 110,000 sitting days in the Crown court just this year.
We recognise, however, that that is not enough given the scale of the challenge we inherited. Even with record levels of Crown court funding and our plans for record numbers of sitting days, the backlog will continue to grow without substantial reform of our criminal courts. That is why the Lord Chancellor has commissioned an independent review of the criminal courts, led by Sir Brian Leveson, one of our most distinguished judges, to consider the options for longer-term reform, as well as reviewing the efficiency and timeliness of court processes through charge to case completion. I hope that that review will report shortly. We will also fund capacity to speed up the processing of asylum appeals, supporting the Government’s priority to reduce illegal and irregular migration.
Legal aid is a vital part of the justice system, as we have heard from colleagues from across the House. It underpins our plans to build a justice system that works fairly for all parties. In December, we announced that criminal legal aid solicitors will receive up to £92 million more a year to help address the ongoing challenges in the criminal justice system and get justice for victims. Following that, in January we began consulting over a £20 million uplift to civil legal aid fees for lawyers working in the immigration and asylum and housing and debt sectors.
I pay tribute to my hon. Friend the Member for Liverpool Riverside (Kim Johnson), who spoke about the importance of forensic science in addressing miscarriages of justice, as well as prison maintenance issues. We are failing victims if courts cannot deliver swift justice. Prisons run out of places entirely, and crime goes without punishment. My hon. Friend the Member for Colchester (Pam Cox) spoke about that in her contribution. It would have damaging consequences for the criminal justice system if that happened. That is why we are taking the steps to rebuild a justice system that works and that victims can have confidence in.
We are looking at imposing tougher exclusion zones that limit the movement of offenders, instead of limiting the movement of victims, and we are continuing the provision of free sentencing remarks to victims of rape and serious sexual offences. Our reforms will include continuing to expand our application of electronic monitoring to perpetrators of violence against women and girls, and the use of specialist domestic abuse courts, with trained staff to support victims and more co-ordinated management of perpetrators. We will continue to fund services supporting victims and witnesses. The Liberal Democrat spokesman, the hon. Member for Eastbourne (Josh Babarinde), made some eloquent contributions on that issue, which I heard clearly, and I thank him for that. We are creating a new domestic abuse flag at sentencing, so that domestic abusers are known to the Prison and Probation Service and their victims are better protected.
Since taking office, we have opened 2,400 prison places. Between 2024-25 and 2029-30, the Government are providing £7 billion to deliver the commitment to build 14,000 new prison places by 2031. That is the largest expansion since the Victorian era.
Sir Ashley Fox
During my speech I asked the Minister how much of the extra money allocated to his Department would be spent on higher wage rises, higher national insurance charges and inflation. I am just giving him a chance to respond before he finishes his own speech.
Sir Nicholas Dakin
As the hon. Gentleman will understand, the budget is being applied and worked through in an appropriate way, but the figures I have just given are the figures on which we will deliver, so he can be confident about that.
While this investment is necessary, it is not sufficient on its own, so to address these challenges and ensure that our prisons create better citizens, not better criminals, the Lord Chancellor commissioned the independent sentencing review, chaired by the right hon. David Gauke. As the Lord Chancellor announced in May following David Gauke’s findings, we will be introducing an earned progression model based on a three-part sentence. On this model, offenders’ release points will be determined by their behaviour. If they follow prison rules, they will earn earlier release; if they do not, they will be locked up for longer. However, that will not be true for all offenders. For those currently serving extended determinate sentences with an automatic release point of 67%—it is different for people with earlier releases; we will leave that as it is.
In the second part of the progression model, offenders will enter a period of intensive supervision. That will see more offenders tagged and under close supervision by the Probation Service. The supervision will be tailored according to each offender’s risk and crime type, and bolstered beyond the current system with a set of new restrictive measures and a major ramp-up in tagging and probation investment. In the third part, offenders will be monitored in the community by the Probation Service, and can be returned to prison if they breach their conditions.
Alongside the progression model, we are also taking forward the recommendations to introduce a presumption to suspend short sentences. We will be investing in this model and intensive supervision by significantly increasing our probation funding through the spending review settlement. I welcomed the comments of my hon. Friend the Member for Amber Valley (Linsey Farnsworth), and also what was said about the contribution of third sector organisations by my hon. Friends the Members for Bournemouth East (Tom Hayes) and for Rugby (John Slinger). Our additional investment will increase up to £700 million by 2028-29, allowing us to increase substantially the number of offenders on tags and to ensure investment in services that address the drivers of offending.
Tessa Munt
Following the Leveson report, will there be capacity for more funding for his recommendations?
Sir Nicholas Dakin
We await the Leveson report, and when it arrives the Lord Chancellor will update the House. Matters such as that will be rightly dealt with then.
On efficiencies, the spending review has given the Department a settlement, and the Department will ensure that it is good value for money by applying all the appropriate methods.
This Government inherited a system that was creaking under pressure, having suffered chronic underfunding for 14 years. The Justice Committee rightly pointed out that by 2016-17 the day-to-day budget of the Department had fallen by a third in real terms from its peak in 2007-08. That is why we are delivering the ambitious, once-in-a-generation reform of the justice system that the country needs, with public safety at its core.
Andy Slaughter
I do not need to add anything to my opening speech, because the inevitable gaps have been filled eloquently by the subsequent speakers. Let me just take two minutes to thank those who have contributed to the debate.
I thank the hon. Member for Bridgwater (Sir Ashley Fox), my hon. Friends the Members for Colchester (Pam Cox) and for Amber Valley (Linsey Farnsworth), the hon. Member for Wells and Mendip Hills (Tessa Munt), the hon. Member for Solihull West and Shirley (Dr Shastri-Hurst) and the hon. Member for Eastbourne (Josh Babarinde). They are all members of the Justice Committee, although the hon. Member for Eastbourne was wearing his other hat today as the Liberal Democrat spokesperson, and I thank them for being here today. Indeed, I thank all the Committee members. With the exception of the hon. Member for Wells and Mendip Hills, who resumed a distinguished parliamentary career after a short gap, they are all new Members, and they all give a great deal of time to this role in addition to everything else that new Members have to do.
I also thank the other Members who have spoken. I thank my hon. Friend the Member for Bournemouth East (Tom Hayes) for his forensic dissection of the last Government’s failings in this area, and I thank, in particular, my hon. Friend the Member for Liverpool Riverside (Kim Johnson), who covered ground that I did not have time to cover in relation to the Criminal Cases Review Commission and miscarriages of justice. I am grateful for her work in chairing the all-party parliamentary group for miscarriages of justice, as I am to my hon. Friend the Member for Derby North (Catherine Atkinson)—who chairs the all-party parliamentary group on access to justice—for her work on that and to other APPGs in this field.
I even thank the Front Benchers for their contributions. The hon. Member for Eastbourne is always very critical but very constructive. Perhaps the hon. Member for Bexhill and Battle (Dr Mullan) would like to adopt that approach.
Andy Slaughter
No, I thought not. However, I very much enjoyed our time together on the Justice Committee, and I also enjoy his taking every bad point during these debates—although he should have been kinder to the distinguished former Lord Chancellor David Gauke, who, in my view, produced a very good report. As for the Minister, he is a very good friend of mine, and I thank him for his contributions. We know what a difficult job he has, but that will not stop us being on his back all the time to ensure that the many problems that have been identified today are resolved.
Question deferred (Standing Order No. 54).