18:41 - The House divided: - Ayes: 115 / Noes: 0 - Question accordingly agreed to.
The Parliamentary Under-Secretary of State for Justice (Jake Richards)
I thank the shadow Justice Secretary for his opening remarks. This is a profoundly serious matter for all Members in this place, victims across the country—including those here in the Gallery—and indeed all members the public.
Confidence in our law and order system must be maintained. We must all, therefore, recognise that we as a country face a challenge: to ensure public safety and protect victims while maintaining a functioning prison estate. I have no doubt that this is a priority for us all.
To begin, it is imperative to recognise the genesis of the Sentencing Act 2026, its implementation and provisions and, ultimately, why we are debating these issues. On 5 July 2024, the Home Secretary, in her first day in office as the then Justice Secretary, was presented immediately with a criminal justice system in crisis. There were fewer than 100 places left in the adult male estate. A day one decision for her was the nature and scope of an emergency release scheme, not whether there should be one. We all remember the chaotic scenes that we saw in the weeks afterwards. There were similar scenes when such last-minute release schemes were implemented by the last Government: judges were told not to jail the most serious offenders due to a lack of prison places and criminals walked away, with a lack of time to provide the most robust community measures.
The Conservative party released more than 10,000 prisoners early for a series of emergency measures taken to manage the capacity crisis they created. Those schemes were introduced at short notice, without the long-term reforms necessary to put the system on a sustainable footing, but there was no option but to act to prevent a collapse of the criminal justice system, which would have seen sex offenders and others able to act with impunity.
A prison capacity crisis is not just a problem for our prisons; it means the unravelling of the criminal justice system completely, with courts unable to hear cases, police unable to make arrests and a grinding halt to law and order in our country. Therefore, in the aftermath, the Government rightly wanted to ensure that would never happen again. The Home Secretary—then the Justice Secretary—commissioned the right hon. Sir David Gauke to undertake an urgent review of how we sentence offenders. On its conclusion, Gauke found that under the previous Administration action was taken only when the criminal justice system was within three days away of collapse.
We recognised then that a two-pronged approach was required. One part was to build more prisons, backed by capital investment. That is how we have been able to embark on the biggest prison building programme since the Victorian era, with 14,000 new prison places by 2031. Two years into this Government, 3,200 places have already been delivered—contrast that with just 500 extra places over 14 years under the Conservative party.
In the 14 years of Conservative government, 23 prisons were closed. We would not be having this debate if those decisions had not been taken.
Sir John Hayes
The hon. Gentleman is right: prisons were closed that, in my view, might have been kept open. Has he looked at those prisons to see if any of them could be brought back quickly into use? Clearly that would be much faster than building new prisons. Has he looked to other secure facilities that might be used as prisons? During covid, the Government acted quickly, passed laws and put Nightingale hospitals in place. Why can we not have emergency prison places rather than letting these dangerous people on to our streets to do more harm?
Jake Richards
I appreciate the right hon. Gentleman’s intervention. He has been consistent on this, although we do not agree on everything when it comes to criminal justice matters. The Government have looked at all options, including whether we can reopen those prisons closed by the last Conservative Government. I was struck by the shadow Justice Secretary’s welcoming of the suggestion that there should be new planning reforms around how we build prisons, because every time we try to build a new prison in a Conservative MP’s constituency, the Conservatives oppose it. It has happened time and again, with one thing being said at the Dispatch Box and their MPs arguing something completely different in their local media.
Sir Roger Gale
There are people in the Gallery and in the public out there who want to know that dangerous criminals will not be released at the start of September. That is what they want to hear; we do not want to hear the history. We want an answer from the Minister. He heard the offer from the shadow Secretary of State in reply to my question. We are prepared to back the necessary legislation before the recess to put a stop to this. Is he prepared to take that offer—yes or no?
Jake Richards
What we will not do is put our head in the sand, which would lead to another prison capacity crisis, which would lead to another urgent, chaotic early release scheme as we saw under the last Conservative Government time and again. I cannot look victims in the eye and tell them that is good for them or for the country, and I will not do so. That is why, when the Home Secretary was Justice Secretary—
Jake Richards
Let me make some progress first.
The Home Secretary recognised that alongside prison building, there would be a need to reform sentencing, and for that be done above party politics. That is the principal reason why she asked Sir David Gauke, a former Conservative Justice Secretary, to undertake an independent sentencing review.
Jake Richards
Some Opposition Members still think he is a great man. I do not think that is a universal view on the Opposition Benches.
Following publication of the review, the Sentencing Bill began its passage through Parliament and received Royal Assent on 22 January this year. It was explained during its passage that many of its provisions would come into effect only in the autumn of this year. Any Government would continue to assess how best to achieve sustainability in our prison system, while ensuring public safety and confidence. Every decision that this Labour Government have taken has been based on keeping the public safe, protecting our criminal justice system and delivering justice for victims. That will continue to guide all future decisions, under this Prime Minister and the next Prime Minister.
Mark Garnier (Wyre Forest) (Con)
Can the Minister not understand that people out there, such as my constituent Leanne Vaughan—her daughter was killed by a hooligan driver, and she had to wait 28 months before he was sentenced to 66 months in prison, but then was released after 21 months—do not believe what he is saying? It is appalling. People are heartbroken by their losses, and this Government are not meeting their expectations or ours.
Jake Richards
I understand. I meet victims all the time in my role at the Ministry of Justice. Before being elected to Parliament, I represented many victims of child sexual abuse every day in courts up and down the country. I understand the issues that victims such as his constituent face. I impress on the hon. Member that the Sentencing Act and the provisions that we are debating today have not yet come into effect. I am happy to speak with him outside the Chamber about that individual case, but I just put that in the context of the Sentencing Act and the provisions implemented by this Government.
I will deal briefly with the specific cohort of offenders cited in the motion. The grooming gang scandals remain one of the gravest betrayals of our time. We are determined to get to the truth behind years of systemic failure on the issue. I am sure that the whole House joins me in paying tribute to the victims and survivors who have so bravely spoken out about their ordeal. As I have said, before entering Parliament I spent the best part of my career representing just some of them. I know personally just how difficult it is for them to speak out.
Esther McVey (Tatton) (Con)
I took part in Rupert Lowe’s independent rape gang inquiry—
Esther McVey
I took part in the independent rape gang inquiry, meeting victims who had waited such a long time for justice and to see their abusers put behind bars. What does the Minister have to say to those victims who received a letter to say that their perpetrators are back on the streets? Is that a mistake and it will not happen? Ministers had said that those who have committed the most serious and heinous of crimes would not be on the streets. Can he take this opportunity to say that those letters were a mistake?
Jake Richards
I am not sure which letters the right hon. Member is referring to, because none of the letters sent out by the Ministry of Justice has referred to people already being released. I understand the concerns that she raises. We take our engagement with victims incredibly seriously. The purpose of the letter is not merely for communication; it is also so that victims can have a say in licence conditions when offenders are released. Offenders are released as things stand. The Sentencing Act 2026 changes that for certain offenders, and there is a process in place by which probation ensures that the community is kept safe with robust licence measures. That will continue.
We have improved the Probation Service’s powers. We are putting £700 million into the Probation Service, which is the biggest investment for a generation. I understand the right hon. Member’s concerns—I really do—but I gently suggest to her that criminals have been released from prison for a long time. There are measures in place, and we need to ensure that they are as robust as they can be.
Jess Brown-Fuller (Chichester) (LD)
Everybody would appreciate some clarity that when we are talking about the letters, those are specifically the letters informing victims that the Sentencing Act 2026 will affect when their perpetrators will be released. The issue that has been raised by many victims is that these are blanket letters; they are not personalised. They do not say which perpetrator. In the letter, it says that “some” will be managed in the community. These victims have been so failed by our justice system at every step that when they receive such a letter, they assume that it means their perpetrator will not be managed in the community. Can the Minister please reflect on the impersonal letter that is sent, sometimes by email, to inform victims that what they thought was true is no longer true, and that their perpetrator may be out sooner than they had expected?
Jake Richards
Absolutely. The hon. Lady’s call for us all to reflect on that will be taken up. I know that the Justice Secretary and the Victims Minister, my hon. Friend the Member for Derby North (Catherine Atkinson), who is sitting next to me, will have heard that. There will be further correspondence; it was not a blanket correspondence by any means. The Government and the Probation Service want to engage with victims as much as possible to ensure that their voices are heard every step of the way. I am grateful for the intervention.
Nick Timothy
We have brought this motion to the House. The Labour party has accepted that motion—it will not contest it and the House will not divide. Having accepted what we have put in the motion, will the Minister tell us what the plan is to ensure that rapists and sex offenders will not be released, starting from September? Will the Government bring forward emergency legislation before the summer recess? Will they bring forward new commencement regulations—yes or no? The Minister has our commitment of support if he does that. If he is not in a position to say so, because it is up to the right hon. Member for Makerfield (Andy Burnham) and he does not yet know, the Minister can just say that.
Jake Richards
As happened on numerous occasions under Boris Johnson and Theresa May, in Opposition day debates the Government are quite within their rights not to divide on an issue—an Opposition day is an Opposition day.
This Government are dealing with the prison capacity crisis that we inherited. We are facing a situation where, if the Sentencing Act measures are not implemented, in October or November of this year we will be back where we were in July 2024. The Sentencing Act received Royal Assent in January and some of its measures are being implemented from September onwards. The Government will always balance making sure that we have a sustainable prison system and never going back to the crisis that we saw under the Conservatives with public safety and confidence in the system. That will continue under this Prime Minister and under the next Labour Prime Minister.
Sir John Hayes
I am grateful to the Minister for giving way a second time—he is very generous—and for his kind remarks about my consistency. He also mentioned our differences, and I will explore those in greater detail in due course, with your indulgence, Madam Deputy Speaker. I wonder whether I can be helpful to the Minister. This matter seems to go well beyond party politics, because we have a crisis in prison numbers and this is an occasion on which we might find common cause and seek a way forward. Indeed, that offer has generously been made by those on the Opposition Front Bench, so perhaps the Minister, who I suspect is a rather decent man at heart, should take up that offer in the spirit in which it has been made, and see whether we can sort this out in a way that protects all our constituents from harm.
Jake Richards
I appreciate the right hon. Gentleman’s kind words, personally, but I gently say that the Opposition party has no plan for how to deal with the prison crisis that its amendment would have brought about later this year—there is no plan; there is no suggestion; there is no idea of where they would put the criminals we are locking up every day. By the end of this Parliament there will be more criminals behind bars than ever before under a Labour Government. We are building more prisons than since the Victorian era. There is no plan from the Opposition. It is very easy and straightforward to bemoan the changes in the Sentencing Act, which received Royal Assent in January, but the Opposition have to come Parliament with a credible plan for capacity.
Jake Richards
I will not give way another time.
Once prisoners are released, offenders will be subject to strict licence conditions. We are adding tougher restrictions as part of the Probation Service’s toolkit for managing offenders when they leave prison. That includes restriction zones, which can be used for the most serious sexual and violent offenders, pinning the offender to certain areas rather than restricting the movements of victims.
We are ramping up tagging to monitor offenders in the community, with thousands more subject to 24/7 monitoring and curfews. We are already tagging at record levels, and we will invest a further £100 million to expand our ability to monitor even more offenders. That is the biggest expansion of tagging in history. Also, while on licence, offenders can be recalled immediately if they cannot be safely managed in the community.
To carry out all that additional supervision, we need a Probation Service that is fighting fit. That is why we are increasing probation—
Paula Barker (Liverpool Wavertree) (Lab)
I understand what the Minister is saying about the looming prison crisis, but I just wonder whether he can explain to us how releasing dangerous sexual predators and grooming gang members fits with our manifesto commitment to halve violence against women and girls?
Jake Richards
I understand my hon. Friend’s intervention. Let us be clear that many of the offenders we are talking about have been released previously and would continue being released but for the Sentencing Act. This is about what measures we put in the community to ensure that the community is safe, and that is why we are investing more than ever before in our Probation Service and why we have recruited a further 1,300 probation officers this year. We are refocusing supervision to devote more time to dangerous offenders so that we can better protect the public. This is ultimately the choice: either strict licence conditions in the community for those who have already served time in prison under the changes; or, simply put, the collapse of the system altogether, leaving sex offenders and others to act with impunity.
I understand how distressing it can be for victims when an offender in their case is released. That is why we are taking steps, as I have already touched upon, to contact those eligible for and opted into the victim contact scheme to let them know how these changes will affect them, but I recognise that this will not cover all victims affected. That is why, through the Victims and Courts Act 2026, we will for the first time provide a new dedicated route for all victims to request information about an offender. We must ensure that we get this right, which is why it is taking some time to implement carefully, but this is proper engagement with victims rather than the chaotic botched emergency release schemes that we had under the previous Government.
Sir Julian Lewis
I have a fairly simple question. Does the Minister have a clear idea of what categories he regards as constituting dangerous offenders, and if he does, what percentage of the prison population is made up of these people? If it is something like 10%, 15% or 25%, that still means that there are 75% or more of other categories of prisoners who could and should be released before those in that dangerous category are even considered.
Jake Richards
Sentencing judges always consider dangerousness and risk to the public, as probation officers do. Every offender has a level of dangerousness, which is risk-assessed by probation as and when they leave prison. That has happened for the last 50 years and will continue to happen under the new Sentencing Act.
I want to end again by reflecting on the horrific grooming gangs scandal, which lays heavily on our national conscience, and the women and girls, often young girls, who were systematically raped and exploited and then disbelieved by those who should have protected them. Those who prey on children must face the full force of the law, but in order to do that, we need a prison system with enough space. The previous Government left prisons on the verge of collapse. We prevented the disaster of running out of places altogether, and the breakdown of law and order it could have caused, but only just. Now we are ensuring that we never again return to that position, building prisons at an exceptional rate and delivering landmark reforms to sentencing to ensure that there is always a cell available for the most dangerous offenders and to end the cycle of capacity crisis.
Madam Deputy Speaker (Caroline Nokes)
I call the Liberal Democrat spokesperson.
The Parliamentary Under-Secretary of State for Justice (Catherine Atkinson)
I am grateful to all right hon. and hon. Members who have contributed to the debate. As Minister for Victims and Tackling Violence Against Women and Girls, I pay tribute to the victims and survivors of the grooming gangs scandal who have so bravely spoken about their ordeal, some of whom were in the Public Gallery today. Women and girls were systematically raped, exploited and abused, often over many months, and in some cases over years.
We have heard Members raise some horrific cases and we have heard some powerful testimony. The authorities that should have protected them and pursued justice on their behalf failed in those duties. Through Baroness Anne Longfield’s independent inquiry into grooming gangs, we must now get to the truth of what happened, because for far, far too long we saw a failure to act. I welcome the call of the hon. Member for Keighley and Ilkley (Robbie Moore) for the implementation of recommendations that we have seen over many inquiries and investigations, including in the Independent Inquiry into Child Sexual Abuse, which conducted a two-year investigation into child sexual exploitation by organised networks. That report was nearly 200 pages long, and I read it. I pay tribute to the victims who gave evidence to that inquiry and to so many other investigations.
As Baroness Longfield has made clear, there have already been more than 800 recommendations by previous inquiries, investigations and reviews. I spent seven years doing public inquiry work. It is absolutely essential that we listen when recommendations are made, and that is what this Government are doing. We have already been taking action to implement recommendations, and we accepted all the recommendations of Baroness Casey.
Under this Government, prosecutions and convictions for child sexual abuse are at their highest levels. The Government have made grooming an aggravating factor so that the impact of these crimes is recognised in sentencing, but we must ensure that there is always enough space in prisons. It does not keep a single victim safe if we have nowhere to lock up offenders.
Madam Deputy Speaker (Ms Nusrat Ghani)
Order. I know that this is a very sensitive debate, but we do not use “you” and “yours”.
Catherine Atkinson
There is no specific offence on grooming gangs. This Government have been absolutely clear that we will ensure there will always be prison cells for people when they are convicted and sentenced to custody. The Conservative Governments committed to delivering 20,000 additional prison places by the mid-2020s.
Paula Barker
The Minister has stated from the Dispatch Box that victims have been failed, and I absolutely concur with that statement. She has also mentioned that there are record numbers of convictions. Does she agree that if we release these abhorrent individuals, who have committed the most heinous crimes against women and girls in our society, we will see those numbers fall again, because victims will not come forward? Are the victims not being failed again if we release these perpetrators? I implore her to listen to the debate and come forward with emergency legislation or, as the right hon. Member for South Holland and The Deepings (Sir John Hayes) has said, with a written statement tomorrow.
Catherine Atkinson
I have listened very carefully to this debate. I will always listen to victims, but I want to ensure that I can look them in the eyes and know that when offenders are convicted and sentenced to custody, there are prison cells for them. That is where we were left by the last Government in real difficulty.
Jess Brown-Fuller
I seek clarification. The Minister said that the Government have added grooming as an aggravating factor. Will every person sentenced to an offence related to grooming gang scandals now get an extended determinate sentence because the aggravating factor will be added, or will they still be eligible for standard determinate sentences?
Catherine Atkinson
It adds to the seriousness of the offence—it is considered an aggravating feature when it comes to sentencing. Obviously, sentences are determined by judges, as is absolutely right, to ensure that we maintain the rule of law. However, grooming is an aggravating aspect, as opposed to binding the final sentence that a judge gives. There will always be mitigating and aggravating considerations for the judge, and grooming has been made a clear aggravating feature. However, I would be happy to meet the hon. Lady to discuss this point if she would find that useful.
The Conservatives added just 482 prison places during their time in office, or 34 per year. If they had not closed 23 prisons, such as HMP Holloway, we would not be where we are now—if that prison had not been sold off to build flats, we would have more capacity. In comparison, the previous Labour Government added 27,830 places to prison capacity, and this Labour Government are embarking on the largest prison-building programme since the Victorian era. We have already delivered over 3,000 places.
Jess Brown-Fuller
I do not expect the Minister to know the answer to this question, but I would appreciate it if after the debate she could update the House on what progress has been made on HMP Dartmoor. It was closed in 2024, and it has been suggested that it will be closed for three years. That could open up capacity of an additional 400 spaces without needing to build a new prison.
Catherine Atkinson
I will ensure that the Under-Secretary of State for Justice, my hon. Friend the Member for Rother Valley (Jake Richards), writes to the hon. Lady.
Catherine Atkinson
I am going to make some progress. Conservative Members have talked many times in this debate about how we got here, but they have not been honest about how we got here.
Several hon. Members rose—
Catherine Atkinson
I am going to make some progress. I did work experience with the police as a teenager, back when this country had a Labour Government who were recruiting thousands of additional police officers.
Several hon. Members rose—
Madam Deputy Speaker (Ms Nusrat Ghani)
Order. It is clear that the Minister is not giving way just now; she may choose to do so in a moment.
Catherine Atkinson
I trained to be a barrister and spent my first years in practice at a time when victims waited months for their court trials, rather than years. At that time, the previous Labour Government were delivering the prison places we needed, but I then watched from inside the profession as 14 years of Conservative-led Governments dismantled it, bit by bit and piece by piece. Cases were delayed for years, courts were shuttered, and offenders were released with nowhere safe for probation to send them. That is not a coincidence; it is a choice, repeated by successive Governments for 14 years.
Catherine Atkinson
I am going to continue to make some progress, but I will give way shortly.
Catherine Atkinson
I want to finish the point, because it is essential that we know where we started, which was with the cutting of 20,000 police officers from our streets. It took a decade to claw back what austerity destroyed in a few years. Conservative-led Governments closed 295 courts and tribunals, including 162 magistrates courts—half the entire magistrates estate—and part-privatised probation in a reckless experiment that every serious review called “irredeemably flawed”. It cost the taxpayer hundreds of millions of pounds to unwind that and bring probation back into public hands. That is on top of the 23 prisons they closed. That is the record, and it is the Conservatives’ record, not ours.
When Conservative Members ask why we have had to act, I ask them to reflect on what 14 years of neglect actually built: a prison system running at 99% capacity. At one point, it was fewer than 100 places from total collapse. Let us be honest about what that would have meant. If prisons run out of space, courts cannot sentence anyone to custody. If courts cannot sentence anyone to custody, they cannot function. If the system cannot function, police officers have nowhere to take the people they arrest. It is not hyperbole; it means the total breakdown of law and order, which is not in any victim’s interest, however serious their case.
Dr Mullan
I have tried to have a fair hand with the victims who attended Parliament today. I invited every Member to meet them, and I facilitated meetings with Labour and Liberal Democrat Members. So what I say now is universal. One of the aspects of last week’s urgent question that infuriated those victims was the Minister talking about our record. They said to us at the meeting that they had voted Labour in the past—that, indeed, they had voted for various different parties in the past—and they recognised that a lot of issues were involved, but they did not want to see again and again, having come to Parliament to ask about what would happen to them, a Minister getting up and attacking us. So I say to this Minister, “Do not fall into the same trap.”
Catherine Atkinson
No one in the Government takes decisions about release from custody lightly. These decisions affect public confidence, victims, communities, and those responsible for managing offenders in the community. That is why, at every stage, our overriding priority has been clear: protecting the public, while ensuring that the criminal justice system remains able to function effectively.
However, I also want to make it absolutely clear that release does not mean freedom. We are delivering tougher punishment outside prison. We are ramping up tagging to monitor offenders in the community to record levels, with thousands more subject to 24/7 tracking, curfews, strict licence conditions and exclusion zones, and with offenders sent straight back to prison if they break the rules. These offenders do not walk out of prison gates and disappear; where they can go, who they can see and what they can do is tightly controlled, and many remain under intensive supervision and monitoring right up until the end of their sentences. We are increasing probation and community punishment funding by up to £700 million, and we have recruited 1,300 additional probation officers this year. Let me contrast that with what was done by the Conservatives—not only their part-privatisation of probation, but the way in which they treated it.
Sir Gavin Williamson
On a point of order, Madam Deputy Speaker. Could you advise me on whether the Minister, in summing up the debate, is meant to touch on the motion at hand? It seems to be being largely ignored at present.
Madam Deputy Speaker (Ms Nusrat Ghani)
The right hon. Member, who has been here longer than I have, fully understands that I am not responsible for the content of the Minister’s speech. The Minister may comment, if she so wishes.
Catherine Atkinson
What I wish to do is pay tribute to the work of our prison and probation officers, many of whom do some of the hardest jobs in public life.
The right hon. Member for South Holland and The Deepings (Sir John Hayes) spoke about the need to speed up criminal justice, about the number of people on remand and about the need to reduce reoffending, which is what this Government are doing. He also spoke about foreign national offenders, and this Government are deporting such offenders in greater numbers than ever before.
The hon. Member for North West Norfolk (James Wild) criticised the time taken to lift the cap on sitting days, although it was the Conservatives who capped sitting days in the first place. The hon. Member for Dumfries and Galloway (John Cooper) repeated the famous quote that justice delayed is justice denied. That is absolutely true, and this Government are taking action on it.
Catherine Atkinson
I will not give way.
A number of hon. Members have spoken passionately about victims, and rightly so. We understand that these issues will be difficult and upsetting for many victims and their families, and victims must remain at the heart of our justice system. The Lib Dem spokesperson, the hon. Member for Chichester (Jess Brown-Fuller), talked about wanting never to see releases earlier than would be expected, but we have seen emergency release after emergency release for years, and we are taking action to stop that happening going forward. We saw 10,000 early releases under the Conservatives, and it is right that we communicate openly with victims who have opted into the victim contact scheme. That is why victims who are engaged in the scheme continue to receive information about an offender’s release and have the opportunity, quite rightly, to make representations about licence conditions.
Catherine Atkinson
I will not.
Licence conditions include exclusion zones and a non-contact requirement where appropriate. All victims will also have a clear route to request the information that they need to plan for an offender’s release through the new dedicated helpline. We need to contrast that with the chaotic approach that we saw under the Conservative party. Victims were told only days before their offenders were let out, and in some cases they were not told at all. No Government want to make these choices, but we are transparent, supporting victims and ensuring that they are properly informed throughout the process.
Mike Wood (Kingswinford and South Staffordshire) (Con)
claimed to move the closure (Standing Order No. 36).
Question put forthwith, That the Question be now put.
Question agreed to.
Main Question accordingly put.