Sentencing Bill

Alex Chalk Excerpts

Wednesday 6th December 2023 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Alex Chalk)]

I beg to move, that the Bill be now read a Second time.

It is a privilege to move Second Reading of the Government’s recently introduced Sentencing Bill. The first responsibility of any Government is to protect the public. Levels of crime have come down by more than 50% since 2010. Violent crime is also down by over 50% in the last 13 years, and when it comes to reoffending, the rate is down by six percentage points since 2010. Indeed, His Majesty’s chief inspector of constabulary has said that

“England and Wales are arguably safer than they have ever been”.

The Bill builds on that record to put public protection at the heart of sentencing. It will enable us to remove from circulation those who pose the most risk and to follow the evidence on the most effective ways to reduce reoffending and cut crime.

Let me start with the most dangerous offenders. I am referring to those whose crimes are so appalling and who present such a high risk that sending them to prison for as long as possible is the only way to protect the public. As the House will know, following the Criminal Justice Act 2003, all prisoners given a standard determinate sentence were entitled to be released automatically at the halfway point, no matter their crime or the length of their sentence. I want to be crystal clear about what that meant. That meant that a rapist sentenced to 12 years was out of prison in six. They were released at that point and there was no power to detain them in prison for longer.

Through the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020, we legislated to ensure that serious violent and sexual offenders sentenced to seven years or more had to serve two thirds of their sentence in custody, with the rest under strict licence conditions. In the same year, the Terrorist Offenders (Restriction of Early Release) Act 2020 ensured that terrorist offenders also served at least two thirds of their sentence or custodial term in custody and were not released without the agreement of the Parole Board.

We went further in 2021. A new type of sentence was created in the Counter-Terrorism and Sentencing Act 2021 that means that the most serious and dangerous terrorist offenders will now serve a minimum custodial term of 14 years. Just last year, we passed the Police, Crime, Sentencing and Courts Act 2022, which put a stop to the automatic halfway release of other serious sexual and violent offenders who are sentenced to a standard determinate sentence of four years or more. The net effect is that they, too, should now serve two thirds of their sentence in prison. The Act also allows for the overriding of the automatic release date of offenders sentenced to a standard determinate sentence who are found to be dangerous while in custody, and for increased sentences for causing death by dangerous driving and causing or allowing the death of a child.

All those were sensible changes to sentencing that were designed to protect the British people from harm. Now, we go further. Under the provisions on whole-life orders, for the very worst offenders who kill in the most appalling circumstances, life really will mean life.

[Alberto Costa (South Leicestershire) (Con)]

I am grateful to my right hon. and learned Friend for giving way so early in his speech. Will he confirm that the proposals he is presenting to the House on the Government’s behalf will ensure that anyone who commits an offence like those committed by Colin Pitchfork, who brutally raped and murdered two young women, and who might very well be released tomorrow after the Parole Board decision on the matter, will likely spend the whole of their natural life behind bars?

[Alex Chalk]

Let me take this opportunity to pay tribute to my hon. Friend. He has raised this issue on behalf of his constituents with such assiduity and so conscientiously, with me personally and, indeed, in the House. He is absolutely right to do so: that crime was truly abominable and utterly atrocious. At its very heart, this part of the Bill caters for precisely those sorts of offences, where there is murder accompanied by sexual or sadistic conduct, so that in such circumstances, when the offender hears the clang of the prison gate, that will be the last time that they breathe free air.

Let me turn to the very worst offenders who kill in the most appalling circumstances. Clause 1 creates a new duty for the court to impose a whole-life order in cases of the murder of a child that involve the abduction of the child, murders involving sexual or sadistic conduct, and murders carried out for the purpose of advancing a political, religious, racial or ideological cause. There will be judicial discretion in exceptional circumstances. The clause will also impose whole-life orders for the murder of a single victim that involves sexual or sadistic conduct, so that murderers like the killers of Sarah Everard and Zara Aleena will never enjoy the freedom that they cruelly denied their victims. The measures will ensure that severe punishments are available for those who commit the very worst crimes.

In my statement to the House on 16 October, I set out the Government’s intention to legislate so that rapists and serious sexual offenders serve their whole custodial terms. Again, the Bill makes good on that promise. Clauses 2 to 5 and clause 7 will mean, when implemented, that those convicted of rape or serious sexual offences will now serve every single day of their custodial term in custody, without the possibility of their case being referred to the Parole Board. That means that the custodial term handed down by the judge on the day they are sentenced will be exactly how long they initially spend in prison. They will then have a period on licence in the community after their custodial term ends. This will ensure that their victims get the justice they deserve and the public can be protected.

[James Wild (North West Norfolk) (Con)]

All the offences in clause 2 have a maximum life sentence, so the proposed new power to require offenders to attend sentencing hearings would apply. However, will my right hon. and learned Friend look at extending that power? It would not cover other serious crimes, including serious sexual offences such as the sexual assault of a child under 13, as happened in a case in my constituency, where the offender hid in his cell. He would not be compelled to come to sentencing under the powers we are proposing.

[Alex Chalk]

I pay tribute to my hon. Friend for raising that appalling case. It is important to note that in respect of this Bill and the provision to require offenders to serve the entirety of their sentence, clause 2 relates to section 8 of the Sexual Offences Act 2003, on causing or inciting a child under 13 to engage in sexual activity, so that is covered.

On my hon. Friend’s separate point about attendance, we are very clear, following the cases of Lucy Letby and others, that it is a grievous affront to victims and families for defendants who have been convicted, after a fair trial, not to face the music, in simple terms. They need to be there in front of the court so that they can hear society’s condemnation expressed through the sentencing remarks of the judge, and so that the peace that has been denied their victims should be denied them as well. They need to understand that condemnation. My hon. Friend raises an interesting point about the scope of the requirement for people to attend court; it is a fair one and we should certainly discuss that.

I turn to the second aim of the Bill: to cut crime. Ultimately, that is how we protect the public. As it stands, the situation is that, too often, offenders are locked up for short periods at exorbitant cost. The experience makes them worse, and they end up committing further offences as a result. Clause 6 will introduce a presumption to suspend short sentences of 12 months or less, directing the courts to hand down a suspended sentence order instead.

The fact is that almost 80% of convicted offending every year is reoffending; much of the crime in our country is committed by someone who has had at least one brush with the law. The criminal justice system is meant to punish wrongdoing—of course it is. But, in the interests of society, it is also there to rehabilitate wrongdoers and set them on the right path so that they do not reoffend and make more victims of crime in the process.

If we want to protect the public and cut crime, the most effective thing we can do is intervene to break the cycle of offending—punish, of course, but rehabilitate too. To do that we must properly examine the evidence available to us.

[Richard Burgon (Leeds East) (Lab)]

I thank the Justice Secretary for giving way and very much welcome the introduction of the presumption against short sentences as a way, as he said, of cutting reoffending, cutting crime, cutting the number of victims and helping to turn lives around. However, that will mean greater pressure on probation services to do the job of rehabilitation outside a custodial setting.

Lord Ramsbotham, who is sadly missed in this place and more widely, produced an excellent report, which I had commissioned, called “People Are Not Things”, about the future of a successful probation service. Will the Justice Secretary agree to meet me and representatives from the probation service to look at Lord Ramsbotham’s report and see how it could help to build the kind of probation service that we need?

--- Later in debate ---

[Alex Chalk]

I am at pains to meet directly with the probation service—not just the leaders, important though they are, but frontline practitioners. They do an exceptionally important job. My mum trained as a probation officer and I know how much of a difference they make. I am speaking to them directly about the workload that they face and how they can target it to protect the public most effectively.

[Philip Davies (Shipley) (Con)]

As the Secretary of State knows, I do not accept the argument that the best way to protect the public is to send thousands fewer criminals to prison, but I am sure we will continue that debate later. Obviously, what he has announced is such a big departure from how we have done things in the past. Will he confirm that the Government would introduce a sunset clause into the legislation, so that we can check whether it has achieved what he hopes or what I fear and that we can come back to the issue later?

My second point is that I am sure the Secretary of State would not want the new measures to apply to people convicted of knife crime, which is a scourge of many communities around the country. Will he confirm that knife crime would not be included and make sure that that is clear in the legislation?

[Alex Chalk]

I thank my hon. Friend for engaging with me so closely, carefully and constructively on the Bill. His points about sunset clauses and knives are well understood and well made; it seems to us that there is real merit in them. I look forward to discussing those with him in due course. We certainly see the force of those points.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I have obviously looked carefully at the definitions relating to those who would simply not be incarcerated as a result of the new measures. The Centre for Social Justice has done a huge amount of work on this. The key point, excluding those who commit violent crime, is that most prisoners have an average reading age of a 10-year-old. They have failed in the academic system. They often come from broken homes and have drug addictions. The key problem is not so much about sentencing but about what we do to try to put them straight and rehabilitate them. The question has to be about how formidable, strong and determined what we do will be and the extent to which failure on that will come back into the prison service.

[Alex Chalk]

My right hon. Friend speaks with great authority about this point, and I agree with every syllable of what he has said. One of the problems is that the—how can I put it?—deficiencies with which some individuals unfortunately suffer, such as illiteracy, of which I have a huge understanding, are not susceptible of being addressed through short sentences. The question is how best to ensure that they can be addressed—and it is not just a question of illiteracy; the deficiency could be drug addiction. One encouraging factor which lies behind this is the additional £532 million in drug rehabilitation support from the Department of Health and Social Care, together with criminal justice staff, to assist with the health and addiction side of it. However, my right hon. Friend made a powerful point. If we want to rehabilitate people, we will not be able to do so unless we address the issue of literacy. However, prison is not necessarily the best place in which to resolve it in the short term, as opposed to the long term.

--- Later in debate ---

[Sir John Hayes (South Holland and The Deepings) (Con)]

I am extremely grateful—

[Alex Chalk]

Hang on, I haven’t given way yet. [Laughter.] I give way to my right hon. Friend the Member for South Holland and The Deepings.

[Sir John Hayes]

My right hon. and learned Friend is such a tease.

As my right hon. and learned Friend will know, 6% of the offences that attract a 12-month sentence are indeed for the possession of an article with a blade or point, in other words a knife, and a further 9% are for common assault and battery. Those are the kind of sentences that we are speaking about here, and if you are a victim of assault, you do not really worry about whether your attacker is literate or illiterate; you just worry about having been attacked.

[Alex Chalk]

There are some important points to make about this. As my right hon. Friend will know, there is a whole suite and hierarchy of offences of assault. There is common assault, but if there is even a reddening of a skin, that becomes assault occasioning actual bodily harm, which carries a five-year maximum sentence—although, of course, this applies only to those who are given sentences of under 12 months. However, if the skin is pierced in any way or there is any serious harm, that is charged as grievous bodily harm, either simpliciter or with intent, and carries a maximum of life imprisonment. We must therefore be very clear on what we are talking about and what we are not talking about, and we are not talking about grievous bodily harm. Let me also stress that the two highest categories of offence that fall within the 12-month sentencing period are driving offences and offences relating to class B drugs. However, I take on board the important points made by my right hon. Friend, and I refer him to the remarks I made to our hon. Friend the Member for Shipley (Philip Davies).

[Sir Greg Knight]

I am grateful to the Secretary of State for giving way. He is being very generous. The presumption of suspending the sentence does not apply in exceptional circumstances. Can the Secretary of State give us two or three examples of what he considers to be exceptional circumstances?

[Alex Chalk]

This is a formulation that is well understood by the courts. It applies, for example, in respect of possession of a firearm contrary to the Firearms Act 1968, as was. I once defended a young woman, 16 years old, who was in possession of a firearm—although, in fact, she was not. Her boyfriend, who had subjected her to coercive and controlling behaviour, had said, “You have to hold on to the gun, because I think the police will come and find me.” She had the gun in her house, but she did not touch it or do anything with it. The police came, raided her house, found the gun, and said, “There is a mandatory minimum sentence of three years.” She had never committed an offence in her life: she was of completely good character. Should the judge have sentenced her immediately to three years’ custody—it would have been at least five years if she had been 18 or over—or should he have considered that there were exceptional circumstances? In that case he found that there were, and that is the sort of case in which that might apply.

The evidence is clear. More than 50% of those who are sentenced to less than 12 months will go on to commit another offence within a year of release, and the cost to taxpayers of keeping someone in custody for that time is a staggering £47,000 per year, per prisoner. In the case of offenders who are given suspended sentences in the community—those are still custodial sentences which go on to their records as sentences of imprisonment—the reoffending rate is much lower, at about 24%. This type of community sentencing can have tough conditions attached to it, such as tagging, strict curfews—incidentally, we have extended the maximum period for which a curfew can apply to 20 hours out of 24 —and exclusion zones, which are designed to protect the public and keep offenders out of trouble. A requirement to receive treatment for addictions or mental health problems can also help offenders to address what are so often contributing factors to their offending. Critically, as this should be about punishment as well, that can also enable them to stay in work and participate in community payback, such as picking up litter, removing graffiti and otherwise repaying their debt to society.

[Neil O’Brien (Harborough) (Con)]

rose—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Just before the Secretary of State takes an intervention, I wish to remind hon. and right hon. Members that if they are going to intervene on a speaker, it is polite to stay to the end of the speech—as well as to be there at the beginning. I believe that the Secretary of State was about to give way to Neil O’Brien.

[Alex Chalk]

Yes, I give way to my hon. Friend.

[Neil O’Brien]

Are we really comparing like with like here? The statistics produced by the Ministry of Justice compare the effect of community sentences on reoffending from the start of the community sentence, but the end of the prison sentence, therefore completely ignoring the effect on reoffending of the actual prison sentence itself. Surely if we want to understand the effects of short prison sentences on the community, we must take into account the actual effect on crime of the prison sentence itself.

[Alex Chalk]

I have looked very carefully at the extremely rigorous analysis that my hon. Friend has provided. Having sat down, wrapped a wet towel round my head and looked at the stats, here is the position. Somebody who completes a custodial sentence and comes out is, for that 12 months thereafter, more than 50% likely to commit an offence, but for somebody who completes a suspended sentence order and comes out, the figure is around half that for the 12 months thereafter. [Interruption.] I just want to finish the point. This is not something that is peculiar to England and Wales; as I have observed from the data. this is a pattern that is seen in Australia, the Netherlands, France and Northern Ireland. In simple terms, it is because, with the technology that we have now, there is a sword of Damocles hanging over someone’s head. If, for example, the trigger for their offending has been that they drink too much and their index offence was that they thumped someone in the queue in Gartree in Leicestershire, by putting on that alcohol tag they know that if they breach that tag by drinking—I thank my right hon. Friend the Member for North West Hampshire (Kit Malthouse) who rolled out those alcohol tags—it means that they can expect to be breached and brought back before the court where they can then go to prison. It is a sharp sword of Damocles that hangs over them.

[Several hon. Members rose—]

[Alex Chalk]

I will make a bit of progress, but I will give way to my right hon. Friend the Member for North West Hampshire.

[Kit Malthouse (North West Hampshire) (Con)]

As my right hon. and learned Friend knows, I support this move, and I said so when he made the previous statement to the House. However, he will have picked up, as I have, a sense that this is a diminution of the retribution element of sentencing. I wonder whether he would consider during the passage of the Bill looking at whether the alternative disposals to prison could be made in many ways much tougher to satisfy that requirement from so many victims that there needs to be a sense of punishment. For example: extending the time that people are on home detention and curfew; extending the time that they are on a sobriety tag from a maximum, I think, of 120 days to a year or 18 months. Many people would see a trade there—okay, he is not going to prison for three months, but he will be on a curfew for 18 months. They would see that as a better trade than like for like.

[Alex Chalk]

That is a brilliant point, and I agree with it wholeheartedly. I think there is further that we can go. The position at present is that there is a maximum number of hours that a person can do unpaid work. In simple terms, that is designed to ensure that it is completed within a reasonable period of time, but, absolutely, we need to consider whether we have got it right. My right hon. Friend makes a very important point about the extent to which we can use technology to punish effectively. In the old days, the maximum period of time a person could be put on a curfew was about 12 or 16 hours, but we have extended that, which was opposed by those on the Opposition Benches—[Interruption.] You did. Extending the time is important because it is part of the punishment. Equally, those with alcohol tags effectively have someone supervising them—man-marking them—to ensure that they cannot do something that they would ordinarily like to do. However, we should consider whether to go further. My right hon. Friend, as always, makes an excellent point.

[Several hon. Members rose—]

[Alex Chalk]

I will make a bit of progress and then I will take an intervention.

Requirement to receive treatment for addictions or mental health problems can also support and address what are so often contributing factors to offending, as I have already indicated. So, what is going wrong with some of these short sentences? One explanation is that when offenders are sent to prison for short periods, there is not enough time for our prison staff to work with them to tackle their addictions, improve their employability, manage their behaviour, and reduce their risk of reoffending. They are often more likely to meet hardened criminals keen to direct them ever further on the road to ruin.

It is important to look at the evidence through the lens of the new technology that is available to us—modern solutions that can support a modern sentencing approach, which were simply not available in our criminal justice system 10 years ago. Other nations have spotted that and we should too, which is why we are doubling the number of GPS tags available to courts to ensure that offenders comply with strict conditions imposed to curtail their liberty.

[Neil O'Brien]

My only concern about the reply my right hon. and learned Friend gave me a few moments ago is that we are no longer making a comparison with the same cohort. In a previous analysis by the Ministry of Justice, we had a like-for-like cohort and we looked at the period from the end of the prison sentence and the start of the community sentence. Will he agree to rerun that analysis with a matched cohort, this time with a like-for-like comparison beginning at the start of the prison sentence, so that we have that incapacitation effect and can have a fair comparison?

[Alex Chalk]

I am certainly happy to look at the data, but whichever way we slice it, the central message is unassailable. Essentially, those who have a sentence of imprisonment that is suspended are less likely to offend—because of the sword of Damocles effect, as I have called it—than those who serve short custodial sentences. Of course I will look at the data, and I would be grateful for my hon. Friend’s assistance in doing so.

[James Daly (Bury North) (Con)]

During my 17 years representing people before the criminal courts, by far the largest cohort was drug-addicted shoplifters. I am afraid I must ask the Lord Chancellor for some clarity about what he said. Many people I represented had 200 previous convictions, with 50 previous convictions for breaching community orders. I wonder whether, in the search for the perfect answer with the correct motivation, we are giving a clean slate to shoplifters to continue offending with no risk whatsoever of a custodial term. I cannot see how they would ever reach the exceptional circumstances test.

[Alex Chalk]

First, I pay tribute to my hon. Friend, who brings such expertise to the House and uses it in the public interest as a member of the Justice Committee and, indeed, by lobbying Ministers. It is precisely because of the circumstances of the people he has defended in the past that we have framed the Bill as we have. It has a really important aspect to which he did not advert. If someone is arrested, charged, convicted and disgraced for committing an offence that would attract a short custodial sentence while they are subject to an order, the presumption does not apply. He knows that all too often people in that group—I have seen them in court as well—will be subject to a community order or some other order. Community orders, as he remembers, can last up to three years. If anyone commits an offence during the currency of that order, the presumption does not apply. It is really important to make that point crystal clear.

The Bill sends a clear message, which goes a bit like this: either someone complies with a court order or they go to prison. That is a really important message that we send. We underscore the authority of court orders to give offenders a clear choice: either they do what they should do—repay their debt to society, rehabilitate themselves, and stay off the booze, if that is what the courts require—or they go to prison. It is up to them.

Let me move on. The tags enable the courts to monitor whether offenders are getting on with their lives by going to work and observing robust curfews of up to 20 hours a day, but we can also put in place exclusion zones to monitor whether offenders are staying out of areas where they are most likely to get into trouble—for example, a particular high street. They allow us to ensure that there is proper compliance with the punishments given out by the court—for example, unpaid work requirements. That means that offenders are visibly repaying their debt to the communities they offended against, but without it costing the taxpayer many tens of thousands of pounds to effectively pay for bed and breakfasts. If they breach any of those conditions, the probation service is quickly notified so that action can be taken.

Our high-tech alcohol tags have only been available for the past few years—my right hon. Friend the Member for North West Hampshire did more than any other Minister to roll them out. They take a reading of the offender’s sweat every 30 minutes to make sure that they are confronting the issues with alcohol that likely landed them in trouble with the law in the first place. The results speak for themselves: offenders who are ordered to wear those tags and have a complete ban on drinking stay sober, on average, 97% of the time. It not only means that they stay out of trouble, but gives them the opportunity to face up to their issues and turn their lives around. It is easy to see why: they know that within minutes of having a drink, any breach will be detected and a report will be sent to the probation service. The offender is then at risk of being brought back before the court and facing alternative disposal.

Offenders mandated by the court to wear tags have that sword of Damocles hanging over their head. They know that if they step even one inch out of line, they can be sent straight to prison by the courts. Essentially, the newer tags are the equivalent of expanding the workforce so that we can man-mark individual offenders. It is clear not only that we need this new approach, but that advances in technology mean that a new approach is possible.

[Kit Malthouse]

rose—

[Alex Chalk]

I want to turn to the issue of exclusions, because they matter, but I sense that my right hon. Friend wants to intervene.

[Kit Malthouse]

My right hon. and learned Friend is being so generous—it is kind of him. Given what he has said about technology, does he share the view that for the first time in offender management, whether post-sentence or during sentencing, we are able to insert certainty of detection of breach through technology? Thus far, detection has been uncertain, and offenders have been able to gamble with their freedom. With sobriety tags they cannot gamble, and we have seen that faced with the certainty of detection and the knowledge that if they breach, incarceration is certain, they make the right choice. As my right hon. and learned Friend said, they comply 97% of the time. As he moves towards this presumption, will he reassure Members on all sides of the House that that certainty of detection of breach will be reinforced as much as possible by the use of this technology?

[Alex Chalk]

My right hon. Friend gets right to the point. I would not be making this argument unless I had physically been to look at some of the tags and asked questions of the suppliers about what they can and cannot do. Let me tell him a little bit about the tags, although I recognise that he knows about them already. First, they can tell if a person is in an environment where others are drinking. In other words, a probation officer can say, “Hang on, are you hanging around with the wrong crowd, which is a risk factor for you?”

Secondly, the probation officer can tell within half an hour whether that person has had a drink. I know that right hon. and hon. Friends will be saying, “Hang on a second.” [Interruption.] Opposition Members are saying it too. They will be saying, “I bet you there’s a way round it, like putting some foil between my leg and the sensor.” Not a bit of it—that does not work. They will be thinking, “I could just snip it off.” No, because there is a circuit that then sends the alarm. Some offenders have even tried to put a sliver of ham between their skin and the tag—[Interruption.] Yes, or chicken skin. That does not work. These are highly sophisticated bits of equipment that were not available more than two years ago, and they work. Yes, each one costs about £1,300, but that is an awful lot cheaper than £47,000 a year.

We have deliberately designed the Bill to ensure that there are exclusions from the presumption where offenders threaten the safety of others, or where a court order is already in place. Judges will retain the discretion to send offenders straight to prison where they pose a significant risk of physical or psychological harm to a particular individual or are in breach of a court order, such as for stalking prevention—as Members will know, we have introduced stalking prevention orders. That will give victims of domestic abuse the space and time they need to rebuild their lives, and will send a clear message to their tormentors that they can expect to go inside. That is really important, and I want to be crystal clear about that.

A huge amount of work has taken place over the past 10 years to protect women and girls. We have introduced the Domestic Abuse Act 2021, made the sentences for rape longer, and created the offence of stalking and stalking protection orders. Let me be clear: where there is a significant risk of physical or psychological harm to a particular individual, the presumption does not apply. There will also be no duty on a judge to suspend a sentence where further offences are committed while an offender is on licence or subject to post-sentence supervision, and a court may still impose a sentence of immediate custody where it deems there are exceptional circumstances that justify not passing a suspended sentence. As I have said, the presumption does not apply if a court has imposed an order, which sends a powerful message to offenders.

I turn to home detention curfew measures. As the House knows, HDC was introduced in 1999 to manage the transition of offenders from custody back into the community while maintaining significant restrictions on their liberty. When HDC was introduced, more than half of prisoners were serving sentences of less than four years; today, it is less than a quarter. Because sentences have grown longer, clause 8 will recalibrate HDC to restore eligibility to its original intention. This is a limited measure to adjust the HDC model, which has been successful in ensuring that offenders make the smoothest transition possible from custody into the community, while continuing to have their liberty appropriately curtailed.

I understand colleagues’ representations on the Bill. This is just a first step in the legislative process. The Government will of course continue to engage seriously with Members on their specific and important concerns as we look to strike the right balance in sentencing. We believe it is possible to create a Bill that will enable the courts to protect the public and to prevent more people from becoming victims, keeping the British people safe from the most dangerous offenders for longer, while ensuring that robust community sentences reduce reoffending and cut crime. I commend the Bill to the House.

Hillsborough: Bishop James Jones Report

Alex Chalk Excerpts

Wednesday 6th December 2023 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Alex Chalk)]

With permission, Madam Deputy Speaker, I would like to make a statement on the Government’s response to Bishop James Jones’s report, “‘The patronising disposition of unaccountable power’—A report to ensure the pain and suffering of the Hillsborough families is not repeated”, and on the steps we will take to respond to the points of learning contained therein.

Bishop James has done our nation a great service and his report is an exceptional piece of work. I salute the Hillsborough families for the assiduous care they have given to help to create the report and forge the response that flows from it. I had the privilege of meeting many of the families in Liverpool in June this year, alongside the former Home Secretary. I was deeply moved to hear of their experiences, and by the dignity with which they shared them, but perhaps even more affecting was their unflinching determination to make sense of the senseless and bring about change for others. That is the true mark of compassion: campaigning selflessly for change, knowing that nothing that any Government can do will bring back their own loved ones or temper their grief.

The Hillsborough families have, through their determined efforts over decades, created a lasting legacy—a national legacy—that is a tribute to their loved ones. At the start of his report, Bishop James expressed his hope that

“we might be a better nation for having listened to them.”

We are, and they deserve the thanks of our nation.

I also pay tribute to those in this House who continue to campaign on behalf of the Hillsborough families and for families bereaved by other tragedies, including the right hon. Member for Garston and Halewood (Maria Eagle) and the hon. Members for Halton (Derek Twigg), for Wirral South (Alison McGovern) and for Liverpool, West Derby (Ian Byrne). I thank former members of the House who have given important support to the families, including Steve Rotheram and Andy Burnham, and I of course thank the former Prime Minister, my right hon. Friend the Member for Maidenhead (Mrs May). I also thank Glenn Taylor for his vital work on the ongoing independent forensic pathology review.

Quite apart from its important recommendations, Bishop James’s report laid bare the truly devastating experiences of those bereaved by the Hillsborough disaster on 15 April 1989. An unimaginable tragedy unfolded: 97 innocent men, women and children ultimately lost their lives; hundreds more were injured and traumatised by what they saw. But for Hillsborough’s bereaved and survivors, that terrible day was only day one of an enduring ordeal, and in the days and decades thereafter, it became clear that they suffered a double injustice. First, there was the abject failure of the police and others at the ground to protect their loved ones—failures described in Lord Justice Taylor’s 1990 report as

“blunders of the first magnitude”.

Then, they faced years of unforgivable institutional defensiveness.

Secondly, the Hillsborough families and survivors suffered what can only be described as cruelty, as innocent fans were cynically blamed for their own deaths. But that, as was later to become clear, was a web of lies spun by those seeking to protect their own reputations. I emphasise that point because although the disaster may have been more than 34 years ago, such baseless narratives inexplicably persist in some quarters today, so let me take this important opportunity to restate what is not a matter of opinion, but unassailable fact: fans attending Hillsborough stadium on 15 April 1989 bear absolutely no responsibility for the deaths and injuries that occurred. In making that statement, I echo what was said seven years ago by my right hon. Friend the Member for Maidenhead at this Dispatch Box when she read out the full findings of the second inquests—namely, that 96 men, women and children were unlawfully killed.

Since then, Andrew Devine, who suffered life-changing injuries at Hillsborough, passed away on 27 July 2021, becoming the 97th fatality of the disaster. I would like to place on record my deepest sympathies to Mr Devine’s family and friends, and indeed to all those who lost loved ones.

The Government’s response to Bishop James’s report has been a long time coming—too long. For some of that time, it was necessarily held back to avoid prejudicing the outcomes of criminal trials, but there has been delay since and I recognise that this has only compounded the pain of the Hillsborough families and survivors. The Government apologise for that.

As the House will be aware, the Government’s response follows that of the police, which was published in January this year. Today, the Chief Coroner is also publishing his response, which relates to his leadership role regarding the coronial service. Collectively, these responses address the points raised by Bishop James, but this does not stop here. We will, of course, continue to listen to the families of those involved in all major incidents and to their concerns.

Bishop James’s report contains 25 points of learning. While he said that he considered each to be “vitally important”, he was clear that three in particular were, to use his word, “crucial”, so let me turn to those. First, he proposed the creation of a charter for families bereaved through public tragedy. Bishop James made it clear that he wanted to

“help bring about cultural change”

through commitments to change

“related to transparency and acting in the public interest.”

It is worth reflecting that, in setting out point of learning 13 regarding the Hillsborough law, which I will come on to, Bishop James says that he has “drawn heavily” on that law’s principles in the drafting of the charter, so it is worth taking a moment to consider the language of that charter. It commits signatories—the leaders of public bodies—to strive to place the public interest above the reputation of their own organisations; to approach all forms of public scrutiny, including public inquiries and inquests, with candour in an open, honest and transparent way; and to avoid seeking to defend the indefensible.

The Deputy Prime Minister has today signed what will be known as the Hillsborough charter on behalf of the Government. Other signatories to the charter include the National Police Chiefs’ Council on behalf of all 43 police forces, the College of Policing, the Crown Prosecution Service, the National Fire Chiefs Council and others. We want the charter to become part of the culture of what it means to be a public servant in Britain, so the Deputy Prime Minister will be writing to all Departments to ensure that everyone who works in Government is aware of the Hillsborough charter and what it means for the way they work. A reference to the charter will also be added to the central induction to the civil service for all new joiners. The Hillsborough charter and Bishop James’s report have also been added to the curriculum for every recruit who joins the police. This charter will now be embedded in our public life.

The second crucial point of learning from Bishop James’s report is what he described as the “pressing need” for the

“proper participation of bereaved families at inquests”.

Inquests are, first and foremost, about answering four questions: who, where, when and how an individual has died. However, as Bishop James highlighted, the Hillsborough families were let down by the very process that should have given them answers during the first inquests, and they then had to endure a second, which had been ordered by my right hon. Friend the Member for Maidenhead. At the first inquests, the families were forced to fund their own legal representation, with a single barrister between them.

We recognise that proper involvement in an inquest will, in appropriate cases, mean that bereaved families should get legal representation, especially when the state is represented. That is why changes have been made such that, had the Hillsborough tragedy happened today, the families would have been eligible for free legal aid through the exceptional case funding scheme. The Government are determined to make this process as straightforward as possible, which is why in January 2022 the Ministry of Justice removed the means test for representation in relation to ECF cases and in September 2023 the means test was removed for legal advice at inquests. We want to build on this progress, so I can announce today that we will consult on an expansion of legal aid for families bereaved through public disaster where an independent public advocate is engaged—I will come back to that—or in the aftermath of a terrorist incident.

I acknowledge that Bishop James talks broadly about the proper participation of bereaved families at inquests where the state is represented. We will seek to further understand the experiences of these individuals, and I would welcome a conversation with Bishop James on that early in the new year.

We support the principle raised in Bishop James’s report that public bodies should not be able to spend “limitless” public funds on legal representation. That is why we have, for the first time, set out a requirement on Government Departments to

“consider the number of lawyers instructed bearing in mind the commitment to support an inquisitorial approach.”

We will now go on to set out that central Government public bodies should publish their spend on legal representation at inquests and inquiries, reaffirming that this spend should be proportionate, and never excessive.

We have also published a set of principles to guide how public bodies should instruct lawyers at inquests. These include a requirement to approach the inquest with openness and honesty and to keep in mind that the bereaved should be at the heart of the inquest process. We will also publish guidance to set the clear expectation that central Government public bodies must instruct their lawyers in accordance with the principles of the Hillsborough charter, because how lawyers engage with the inquest process and with the bereaved families matters.

I shall turn to the third of Bishop James’s three crucial points of learning: a duty of candour for police officers. As he described it, there is

“a gap in police accountability arrangements”

for officers who

“fail to cooperate fully with investigations into alleged criminal offences or misconduct.”

That is why a new offence of police corruption, applicable to police and National Crime Agency officers was introduced in 2017, punishable by up to 14 years’ imprisonment. In 2020, we updated the Police (Conduct) Regulations to introduce a new duty to co-operate for individual officers during investigations and inquiries. Failure to do so can result in disciplinary sanctions, including dismissal. Last month, we introduced legislation to place an organisational duty of candour on policing. Through the Criminal Justice Bill, we will place a duty on the College of Policing to issue a code of practice for ethical policing, and for that code to include a duty of candour. This duty is designed to promote a culture of openness, honesty and transparency, and chief constables will be held to account for their forces’ performance against the code. The new code of practice has been laid in Parliament today.

We want to go beyond the police to consider healthcare settings too. In response to recent concerns about openness in those settings, we will be conducting a review into the effectiveness of the existing duty of candour for health and social care providers—the terms of reference for that have been published today.

I am aware that the Hillsborough law calls for a duty of candour on all public authorities. Since the Hillsborough disaster, a comprehensive framework of duties and obligations has developed, which covers public officials and the different official proceedings, such as inquests and inquiries. First, in central Government, the civil service code requires civil servants to act with honesty and integrity. A breach of the code can result in a range of sanctions, including dismissal. This sits alongside the Nolan principles providing that:

“Holders of public office should act solely in terms of the public interest.”

Secondly, the legal framework surrounding criminal investigations, statutory inquiries, inquests and most other formal proceedings requires that all individuals, regardless of whether they are a public official, co-operate with them. For example, there is a duty of candour in judicial review, which amounts to a duty on public authorities to lay cards “face up on the table”. When it comes to inquiries, importantly, these carry the potential for custodial sanction—prison sentences in plain English.

Thirdly, where a public official demonstrates a lack of candour, and where this forms part of their duty as a public office holder, they can potentially be guilty of misconduct in public office, which is a criminal offence. We will keep these changes under review to ensure that we achieve that culture of openness, honesty and candour, and we will not rule out taking further action if it is needed.

Today, the Government respond to all 25 points of learning, but I have focused this statement on those that Bishop James described as “crucial”. Very meaningful progress has been made, but we will not hesitate to go further if required. The discussions will continue, and the Government have committed to another debate in the new year to ensure that that dialogue progresses. I would also be happy to meet the Hillsborough families should they wish to discuss any aspect of the Government’s response.

Finally, I turn to improvements in the justice system. Bishop James made it searingly clear that the justice system, which should have supported victims and the bereaved after the tragedy, was not set up to do so. Our response sets out the steps this Government have taken to ensure that bereaved families and survivors in the immediate aftermath of a public tragedy are guided through what can be a difficult, complicated and forbidding process. Through the Victims and Prisoners Bill, we have introduced legislation to enable an independent public advocate. Once established, the IPA will be a strong voice for victims, the bereaved and whole communities affected by major incidents. The IPA, as promised by my right hon. Friend the Member for Maidenhead, will make sure that those affected by major incidents know their rights, can access support services, and have their voices heard at inquests and inquiries. Its design has been informed by the very difficulties that the Hillsborough families faced and our commitment to making sure that other families do not suffer the same injustices. That can include holding public bodies to account for their commitments to abide by the Hillsborough charter. I am also grateful for the contributions of some of the families of victims of the Grenfell Tower fire and of the Manchester Arena bombing, telling us what would have helped them most in the aftermath of those terrible events.

After listening to concerns of the Hillsborough families, set out so powerfully when I met them earlier this year, as well as contributions from colleagues across the House—I am looking at the right hon. Member for Garston and Halewood here—I decided that we must go further by establishing a permanent IPA. It is vital that the IPA can be deployed as soon as possible after disaster strikes and that they have time in advance to be as prepared as possible. A permanent advocate will be able to advise the Government on their response to major incidents, such as any subsequent inquiries or reviews, and will ensure that the views of families are heard. Importantly, they will also report independently to government about the experiences of victims and bereaved families, as well as publishing an annual report. All such reports will be laid before Parliament.

The Hillsborough families have been unrelenting in their pursuit of justice, and Bishop James has done essential work to support the families and has faithfully discharged the commission put upon him by the then Home Secretary and former Prime Minister to capture their perspective, so that it was not lost following the second inquests. Today is therefore an important day. It does not provide closure for the families, of course. As Bishop James himself wrote,

“there can be no closure to love, nor should there be for someone you have loved and lost.”.

Grief is indeed a journey without a destination. But today is a milestone on that journey. It is a moment, I hope, when families will feel able to pause and take quiet pride in the enormity of what they have achieved, not for themselves, but for others—for the British people. But I hope they will serve to cement and strengthen the Hillsborough families’ legacy—the changes they have made to benefit an entire nation and to help ensure that never again can our people be so betrayed by the very organisations and institutions meant to protect them. I commend this statement to the House.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the shadow Minister.

[Shabana Mahmood (Birmingham, Ladywood) (Lab)]

It is customary to thank the Government for advance sight of the statement, but given the gravity of this matter, the fact that the report being responded to has been with the Government for many years and the length of the Secretary of State’s statement this morning, I am disappointed to have received the copy of his statement much later than is customary.

To describe the events of 15 April 1989 as “far-reaching” is wholly inadequate. To say that they were “tragic” misses the point. The name “Hillsborough” stands to this day as an indictment of institutions, individuals and an entire culture in which transparency, accountability and even simple human compassion were absent. I was a child in 1989, when 95 people died at Hillsborough stadium in the worst sporting disaster in this nation’s history. Ten years later, alongside thousands of other law students, I learnt about the shockwaves that the events of that day were still sending through our courts, to the continuing pain of the families. That included the death in 1993 of the 96th victim, 22-year-old Anthony Bland, who spent four years in a persistent vegetative state before a court made legal history by agreeing that it was in his best interests to withdraw his feeding tube. Let us not forget that it was just two years ago that the disaster claimed its 97th victim, 55-year-old Andrew Devine, who had lived with a serious brain injury for more than three decades. It has now been 34 years, and to say that justice delayed is justice denied would be a significant understatement in this context. It is simply unendurable for any family to be made to wait this long for justice.

I wish to echo the words of the Secretary of State by paying tribute to Bishop James Jones; to the many campaigners, both inside and outside this House, who have worked for so long to establish the truth; and, above all, to the bereaved families. They have gone beyond what anyone should have to endure to secure justice not only for their loved ones but for the victims of future disasters. They are an inspiration, and I speak for the whole House in saying that all of us here know the debt we owe to all of them.

I turn to the detail of the remarks by the Secretary of State. The purpose of the Government’s response must be centred on the experience of the families, just as Bishop James’s report was, to ensure that their suffering is remembered and, crucially, is never repeated. That is the commitment that the Opposition, too, make: we will work to ensure that the Government’s proposals deliver meaningful justice. We welcome the commitment to consult on expanding legal aid for families bereaved in a public disaster, but there is nothing in what we have seen from the Government to date that goes as far as we believe is necessary to require public authorities to act with candour and transparency.

To the public, a duty on all public bodies to be forthcoming with the truth is a basic requirement if justice is to be done in the wake of terrible events that scar communities and change lives forever. Many will be shocked to hear that this does not already exist as a matter of law. The Hillsborough Law Now campaign which, as the Government know, includes bereaved families who are still fighting for accountability 34 years later, has told us that without an effective duty of candour in place, the risk is that reform will simply add another layer of bureaucracy to what victims must already endure. It is for this reason that over a year ago, the Leader of the Opposition committed to a Hillsborough law that would first and foremost impose a legal duty on public institutions, public servants and officials to act in the public interest and with transparency, candour and frankness when there has been a major incident.

The Secretary of State knows that we have sought to amend his recent Bill to introduce that more effective duty of candour during its passage through Parliament, but it is an approach that the Government have so far rejected. We will continue our efforts in that regard, because the Government’s requirement for a code of ethics is not enough.

We also welcome the commitment to a standing, independent public advocate, and have supported the change to the Victims and Prisoners Bill. However, as the Secretary of State knows, we also believe—and have said to him repeatedly—that the duty of candour is the missing piece, and it is vital to add it to make effective the changes that have been introduced in respect of the independent public advocate.

This issue is above party politics, but we have a duty to say to the Government that what they have announced does not yet go far enough. They must deliver on that vital promise that what happened in 1989, and has continued to happen to the families for 34 years, will never happen again.

[Alex Chalk]

I thank the hon. Lady for her response, and I shall seek to address each point in turn.

On the issue of legal aid, we absolutely accept that in this particular case there was a manifest and completely unacceptable lack of equality of arms, because it was treated as an adversarial process, which was completely inimical to what the inquiry should have been designed to get to the bottom of. The culture was wrong, in terms of how the lawyers approached it, and the equality of arms was non-existent. We have sought to address that in two ways. First, in appropriate cases that become adversarial because people are defensive as they have probably got something wrong, it is necessary for the families to have the legal arms to take that on. That is why, if this happened today, that funding would be in place. This is not small amounts of funding; the total amount spent, quite properly—I have no complaints about this—in the second inquest was around £65 million. This is a very significant change that has already been made. As I say, we are consulting on whether we should go further still.

The critical issue is, of course, about candour. The importance of changing the culture runs through Bishop James Jones’ report like a message through a stick of rock. Across the House—as the hon. Lady rightly pointed out, this is not a party political issue—we must do everything possible to change that culture. On the IPA, it is important to note that in point of learning 1, which was about the charter, Bishop James said:

“I welcome the government’s commitment…to create an independent public advocate to act for bereaved families after a public disaster. Once a public advocate has been appointed, I offer the charter to them as a benchmark against which they may assess the way in which public bodies treat those bereaved by public tragedy”,

before going on to talk about the text of the charter. We hope that it will play a very important part in embedding that culture and holding people to account, but this job is not over. We continue to have the discussion, and I look forward to engaging with the hon. Lady about it.

[Mrs Theresa May (Maidenhead) (Con)]

I thank the Lord Chancellor for his statement and welcome the Government’s response, although like him, I bemoan the fact that it has taken so long to respond to this report. Not only did I commission it when I was in office, but it reported when I was still in office.

What underpinned the approach of the organs of the state at Hillsborough was a desire to protect themselves and their reputation, rather than serve the public they were there to protect or, indeed, search for truth and justice. That attitude did not occur just on that day: it has continued from those public authorities through the decades since. Does my right hon. and learned Friend agree, therefore, that almost the most important point in the charter is that it requires organisations to place the public interest above their own reputation? What specific steps will the Government be taking to ensure that that culture is instilled across the whole public sector.

[Alex Chalk]

As always, my right hon. Friend gets to the heart of the matter. The critical and most important point in the charter is No. 2:

“Place the public interest above our own reputations.”

As my right hon. Friend has said, those are words; she has asked how they will be woven into the culture. One powerful example is that today, the code of practice for ethical policing is being published. That code states in paragraph 4.5 on page 7, under the chapter heading “Ensuring openness and candour”, that

“Chief officers have a duty to ensure openness and candour within their force, which will include the following. Implementing the Charter for Families Bereaved through Public Tragedy (see Hillsborough stadium disaster: lessons that must be learnt).”

It will be there at the point of training for officers and induction for civil servants. It is going to become part of the warp and weft of this country—part of the culture of what it means to be a civil servant in Britain.

[Chris Stephens (Glasgow South West) (SNP)]

As someone with great affection for the people of Liverpool and Merseyside, I start by saying that our thoughts are once again with the Hillsborough families. I join the hon. Member for Birmingham, Ladywood (Shabana Mahmood) in her qualified thanks for advance sight of the statement. I was pleased that the Lord Chancellor thanked and congratulated hon. Members, as well as Andy Burnham and Steve Rotheram, for their work in this area.

I have three questions for the Lord Chancellor. First, the chief executive of the College of Policing has described Hillsborough as a touchstone for change, but in the years since, we have sadly seen a familiar culture of cover-up in relation to tragedies such as Grenfell and the infected blood scandal. The Lord Chancellor appears to accept the principle; does he also accept that at some point, the public will tire of hearing about promised cultural change without visible action accompanying it? Secondly, no police officer has been disciplined or convicted of any offence relating to the Hillsborough disaster. Does he agree that in cases where it is proven that false evidence was given or inaccurate statements were made, retrospective action up to and including prosecution must take place?

Finally, part of the reason why the police were able to avoid full scrutiny around Hillsborough for so long was irresponsible reporting of the disaster by sections of the media. Is the Lord Chancellor convinced that reforms in that area have gone far enough, or does he agree with many of us that more reform in that area is sadly needed?

[Alex Chalk]

I thank the hon. Gentleman for those helpful and pertinent questions. Let me turn first to the issue of the police. Yes, it is one thing to set the culture, which, I think it is reasonable to point out, will now be woven into police training, but accountability matters, too. One thing that matters is that schedule 2 to the Police (Conduct) Regulations 2020, which, of course, post-date the report, includes the following: police officers must be

“honest, act with integrity and...not compromise or abuse their position”,

and

“Police officers have a responsibility to give appropriate cooperation during investigations, inquiries and formal proceedings, participating openly and professionally in line with the expectations of a police officer when identified as a witness.”

Those standards are in the regulations. Their breach would provide a powerful case, as the hon. Gentleman may think, for dismissal or other suitable sanction.

On the hon. Gentleman’s point about retrospectivity, plainly, if evidence comes to light about behaviour at the time, it can be considered in the normal way. I hope that he will be encouraged by knowing that the offence of misconduct in a public office is being considered by the Law Commission, with its usual and typical diligence, and we will respond in the new year. It is reasonable to observe that it has not operated as we might have liked, and is susceptible to reform. We are giving that very active attention.

On the media and irresponsible coverage, my goodness, the hon. Gentleman has a point. I think that there still needs to be a live conversation about whether things have gone far enough.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

The delay in the report has been unacceptable, but it is absolutely no fault of my right hon. and learned Friend the Lord Chancellor. I thank him for his statement, for its tone, which was characteristically generous-spirited, and for the work that he has done to expedite it.

Does my right hon. and learned Friend agree that it will be important to pick up on some of the learning from two Justice Committee reports on the coronial system and on pre-legislative scrutiny of the draft Victims Bill? Does he agree that, to achieve the proper outcome of a legacy for the victims of Hillsborough, we should work to the position where it would be the norm for there to be proper legal representation for victims and bereaved families at inquests? That should be the norm rather than any form of exception.

Secondly, does my right hon. and learned Friend agree that the duty of candour should extend, in terms of legal representation by Government Departments, to the fullest and earliest possible disclosure of all relevant materials that are in the hands of Departments and their lawyers? Thirdly, does he agree that we should work with the excellent current Chief Coroner, whose predecessor gave powerful evidence to our Committee, to ensure that there is greater consistency in the standards and approach within the coronial system, which has not always been the case in the past? Does he agree that those are important matters, together with the assurance of equality of arms across the piece?

[Alex Chalk]

Those are very helpful points. First, I pay tribute to the Justice Committee for its work, particularly the work on coroners’ inquests. Indeed, in preparation for this statement, I went back and re-read some of the evidence given by the then Chief Coroner, Mark Lucraft, in which he talked about this important issue of equality of arms. He made the point—from his position as Chief Coroner, no less—that, yes, there are of course cases in which it is important to have legal representation. We have made enormous strides, as has been indicated. Equally, there will be those in which legal representation sometimes does not help terribly. That is why we have to proceed with care.

The key issue is equality of arms, as my hon. Friend rightly points out. The business about candour as regards early disclosure is critical. One important point that can sometimes be lost is that, lest we forget, under section 35 of the Inquiries Act 2005, it is possible for someone to be held criminally liable, on pain of a custodial sentence, if they fail to act with candour in terms of producing information to an inquiry. That, it seems to me, is an important sanction, and I hope that judges will not hesitate to use it in appropriate circumstances.

[Maria Eagle (Garston and Halewood) (Lab)]

Bishop James called his report “The patronising disposition of unaccountable power”—the key word is “unaccountable.” Thirty-four years after 97 men, women and children were unlawfully killed at a televised event, for which the public inquiry interim report pinned the blame on the police within four months, no one has been held accountable for what happened at Hillsborough, and now nobody will be. Accountability is key here. Although culture change is good, we need legal change, too. The failure to legislate for a full duty of candour for all public officials or to put the charter for families bereaved by public tragedy into statute is inexplicable. As the Lord Chancellor knows, I still think that the independent public advocate’s powers need to be beefed up

As the Lord Chancellor knows, I still think that the independent public advocate’s powers need to be beefed up to include an ability to compel transparency and be a data controller in order to torpedo attempts to cover up—what went wrong at Hillsborough was a cover-up, as much as anything. Will the Lord Chancellor reconsider his apparent unwillingness to legislate to make it clear that this House and our nation require accountability, require candour and require public authorities and those who work for them to act in the best interests of those bereaved in the appalling public tragedies that have occurred and will continue to occur?

[Alex Chalk]

I thank the right hon. Lady and say, entirely fairly, I hope, that the merits in this response—and it can reasonably be observed that there are a great number—are due in considerable part to her efforts in engaging with me to make changes and improvements.

On the issue of the independent public advocate, for example, there is no doubt—others have fed in as well, not least my right hon. Friend the Member for Maidenhead (Mrs May), the former Prime Minister—that the IPA will be permanent. That was not the original proposal. It will be able to make reports of its own motion come before this House, and not just at the instigation of the state. It will also be able to make recommendations about what sort of inquiry should take place afterwards. That could be, as the right hon. Lady knows, some sort of independent panel along the lines of the ones set up by Alan Johnson as Home Secretary, or it could be a statutory or non-statutory inquiry. This IPA is of a different order of muscularity from the one originally envisaged, and the right hon. Lady has played an important part in that.

The right hon. Lady and I have discussed the Hillsborough law. There are countervailing considerations, as she knows, but the point is that my door remains open, the conversation remains live and we will have a debate about the issue, I hope, in the new year. I look forward to discussing these matters further.

[Jackie Doyle-Price (Thurrock) (Con)]

My right hon. and learned Friend’s statement goes some way to tackling the institutional behaviour that puts the reputational damage of organisations and public confidence in them ahead of the interests of the people they are meant to serve, but his comments have been very much in the context of major public incidents. How far does he think the expectations enshrined in the charter can be applied to individual cases? I speak with particular reference to suicide. Quite often, bereaved families attend inquests where the players are keen to avoid any suggestion of liability; that could conflict with what he has described in terms of a duty of candour.

[Alex Chalk]

I am so grateful to my hon. Friend for raising that critical point. The issue is not just about major disasters, important though they are. When something dreadful has happened, the victims and families do not want to find themselves in an unnecessarily adversarial situation or one where people are, frankly, trying to save their own skins and showing institutional defensiveness.

A lot of the issue comes down to culture, frankly; we are aware of that. There are two things to say. First, on the equality of arms, if exceptional case funding is involved—that is to do with article 2; there are certain thresholds—there will be legal representation. On culture, we have provided a new document, which includes the principles guiding the Government’s approach when they hold interested person status at an inquest. Those include approaching

“the inquest with openness and honesty, including supporting the disclosure of all relevant and disclosable information to the coroner.”

In other words, the state should not be in the position of being defensive, whether there has been a major disaster or the case relates only to an individual.

[Ian Byrne (Liverpool, West Derby) (Lab)]

I thank the Lord Chancellor for his statement today and for the empathy and decency he has shown on the subject of Hillsborough. I also thank him for his words about football supporters not being to blame; that means a lot to a lot of people.

I am sorry, but that is where my thank you ends. Like many others, I feel let down today—as if we are a world away from the effective legislation that we desperately need. I am really worried that what has been decided will not prevent another Hillsborough-style state cover-up. Bishop James Jones called for a duty of candour on police officers, but the Government’s Criminal Justice Bill mentions the duty of candour in clause 73 only in the context of a code of conduct. I feel that that is an insult to those affected by state cover-ups and to the memory of the 97. It does not establish or define the duty in law and provides no mechanism for compliance. Crucially, the Government will not today introduce a statutory duty of candour on all public officials, as demanded by Hillsborough Law Now campaigners and, thankfully, supported by my own party.

Secretary of State, without a legal duty of candour on all public servants hard-wired into our justice system, we will see continued injustices from public officials who lie on the stand, acting with impunity and no consequences. I had hoped that today the Secretary of State would push back against the powerful vested interests that do not want to see this accountability in law, but, sadly, I feel as though they have won once again. Will the Secretary of State reflect on the comments from across the House and work with us to ensure that we get a true Hillsborough law that the 97, and everyone else who has suffered injustice at the hands of the state, fully deserve?

[Alex Chalk]

I thank the hon. Gentleman for his words at the outset. I listened very carefully to what he said subsequently. He asked me if I will reflect. Of course I will reflect. I will listen very carefully to what has been said. We are here to respond to Bishop James’s report, which was not principally about the points that have moved on since, which I know we all recognise. We want to change the culture. We remain committed to changing the culture, and I will continue to have conversations about how we achieve that most effectively.

[Kevin Foster (Torbay) (Con)]

I was just reflecting on the fact that the last time we were here in the Chamber talking about this issue we were advised that the response would be produced in spring, so it is welcome to have it today. I welcome its general tone and nature. It was not just a lack of interest in finding the truth that was the issue; it was the fact that organs of the state set out to smear people, to lie and to cover up in order to save their own skin. We can say that it was 30 years ago, but we saw worrying similarities at the Stade de France—although it is not in our jurisdiction—when there was an attempt to blame fans for a complete overreaction from the French law enforcement authorities to some incidents there.

I found it interesting when the Secretary of State talked about the spend on legal representation, which is often disproportionate. He says it will be proportionate. Who will determine that? Let us remember that some of the public bodies thought it was perfectly proportionate to waste millions of pounds on trying to save their own skins, rather than on finding justice.

[Alex Chalk]

That is an excellent point. My hon. Friend asks who will determine what is proportionate. The whole point about encouraging Departments to publish material is that the public can make an assessment of whether it is proportionate. Frankly, that is an ordinary English word and people should know what it means. If they do not, that will become clear.

[Sir George Howarth (Knowsley) (Lab)]

I, too, thank the Lord Chancellor for today’s statement, which, as he conceded, is long overdue. I add my tribute to my right hon. Friend the Member for Garston and Halewood (Maria Eagle) for the painstaking work she did to expose the evidence that existed but had never been taken into account. I also pay tribute to the right hon. Member for Maidenhead (Mrs May), who recognised that there was an injustice that had to be put right and who set up the process by which Bishop James was able to bring all the lies and cover-ups to light.

Following the Hillsborough disaster, I and two of my constituents—Mr and Mrs Joynes, who had lost a son at Hillsborough—attended part of the first inquest. I was shocked by the extent to which that inquest was such a travesty; it seemed to be aimed at blaming the fans, rather than the authorities, for what happened. One thing that came out of that—I have said this before—is that there was a massive effort to stereotype football fans as responsible for something they were actually victims of. I welcome the fact that there will be a public advocate, but to be absolutely certain, we need to put that role on the statute book.

[Alex Chalk]

I thank the right hon. Gentleman for the support he has given to his constituents. I can confirm that the IPA is being put on the statute book.

[Mary Robinson (Cheadle) (Con)]

I am grateful to my right hon. and learned Friend the Lord Chancellor for bringing forward today’s statement. Hillsborough is synonymous with cover-up. Innocent victims were blamed for the failures of the police and the emergency services, and whistleblowers were pivotal in bringing forward a lot of the evidence. It is important that we have a duty of candour within the police service. Right across public services, candour should be the golden thread that links them together. With whistleblowers being so important on this issue and others, will he also look at having an office for the whistleblower so that, rather than simply relying on the duty of candour, people in organisations would know where to go to raise an issue or to get help?

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[Alex Chalk]

I thank my hon. Friend for that typically thoughtful and helpful suggestion. She makes an excellent point. Already in the civil service code, there ought to be arrangements for people to do precisely that, but, if we need to go further, let us discuss that. I would be happy to have that conversation with her.

[Joanna Cherry (Edinburgh South West) (SNP)]

I wonder if I could explore with the Lord Chancellor what he said about Bishop James’s recommendation on the pressing need for the proper participation of bereaved families at inquests. In the summer, the Joint Committee on Human Rights held an evidence session on a proposed Hillsborough law and strengthening human rights. We were particularly interested in the impact of the inequality of funding for legal representatives between the state and bereaved families at inquests and inquiries. In evidence, witnesses argued strongly that there should be proportionate equality of arms, distinguishing that from mere parity of arms, and they saw the wider use of exceptional case funding for article 2 cases as one way of achieving that. Does he agree with that evidence?

[Alex Chalk]

The hon. and learned Lady makes an excellent point. Of course, we think there should be equality of arms. The only point of potential hesitation comes from the evidence of the Chief Coroner—as I said, I was reading that in my preparation—who said that there are some cases where although the state is represented and is an interested party, adding lawyers would not necessarily assist. As he put it in paragraph 97 of his written evidence:

“There are also arguments which could be advanced that simply adding more lawyers in to the system would not necessarily, uniformly help bereaved families in all cases.”

In our view, it will depend on the case. There will be some cases—this is one—where it is manifestly necessary. There are others where there must be a more judicious approach.

[James Sunderland (Bracknell) (Con)]

I am privileged to be able to watch regular football in Bracknell, Reading and Aldershot. Following the Lord Chancellor’s statement, is he content that sufficient legal and institutional protections are in place to help prevent another event like Hillsborough?

[Alex Chalk]

I think that most recognise that significant changes have taken place. I hope we can feel confident that something like that could not happen, but, in the dreadful event that it were to, we need to be sure that the resources and support are in place so that families do not have to suffer as those years ago did.

[Alison McGovern (Wirral South) (Lab)]

I thank the Lord Chancellor for the manner in which he opened his statement, but it is really not good enough that it has taken so long to get to this point. I want to put on record my deep disappointment that we have waited this long for today. I also think that to get the change that has been described, what is being proposed is not good enough.

To achieve what we want through the legal process requires, as the right hon. Member for Maidenhead (Mrs May) pointed out so correctly, public bodies to place the public interest—that of the citizens of our country—above the reputations of their own organisations. As the Lord Chancellor said, it is not just about who is represented but about how lawyers engage in the inquest process and indeed with the bereaved families. It is about not just about establishing inquests and inquiries but the culture of candour day in, day out, which he talked about. I am not a lawyer—he is—but I think that lawyers respond to the law. That is at the heart of why we are so disappointed not to have a Hillsborough law. I do not want a debate in January; I want a law. Will he meet me and other Members of the House to discuss how we move forward from this point?

[Alex Chalk]

My door is always open. Of course, I will speak to the hon. Lady and others. It is also important to recognise that part of the statutory framework has moved on. I have talked about the Police (Conduct) Regulations 2020, for example, and I recognise, as did Bishop James Jones, that the key thing we want to do is to change the culture, and the law plays a part in that. There have been changes, so let us have a discussion in due course.

[Derek Twigg (Halton) (Lab)]

We cannot repeat often enough, because I do not think it is understood, just what a web of deceit and lies was put forward by parts of the state, particularly the police and others, over the years. That had an effect on the families who lost loved ones. I was there on the day, in those terrible circumstances. We do not forget how bad it was. I sat through a number of days of the second inquest, and lies were still being told until the families’ lawyers produced video evidence to say, “There you are. You didn’t do what you said.” I was astounded. All those years later and people stuck to those lies.

As I said to the Justice Secretary earlier, we can have a culture change, but what happened at that inquest, and all the way up to it, shows that the problem is so deep that it needs something stronger. That is why the duty of candour needs a basis in legislation. I understand that there are some issues, whether it be national security or confidentiality, but we can get round that. The Justice Secretary has indicated that he will listen, so will he listen and make sure there is a legal, statutory duty?

[Alex Chalk]

I thank the hon. Gentleman, who speaks with particular authority on these points. He talks about the second inquest, at which people continued to demonstrate a kind of institutional defensiveness. He may feel that what made a difference was that lawyers were there to hold people to account—that is the equality of arms point. I respectfully suggest that it is important to recognise that we are now in a situation where, in this kind of case, there will be lawyers to try to expose precisely that kind of defensiveness, which is extremely important. I deeply respect the points that he makes, but he knows there are countervailing issues, to which he briefly adverted. Of course, we will have a conversation in due course.

[Christine Jardine (Edinburgh West) (LD)]

There are Members of this House who had not been born when Hillsborough happened, and we have all had lives, careers and families. For the families of the victims to have waited that length of time for justice is intolerable, and it has been compounded by not having the one thing that would ensure they felt justice—the knowledge that it cannot happen again. Does the Lord Chancellor agree that perhaps the only way the families will ever feel they have justice is if we have a Hillsborough law to prevent it from happening again?

[Alex Chalk]

The critical thing, of course, is that we have to change the culture and ensure that people are held to account for that culture. There are important changes in these measures, as I hope the House will agree. I have indicated that I am prepared to discuss what further steps are required.

[Stephanie Peacock (Barnsley East) (Lab)]

It has taken six years to get to today’s Hillsborough charter but, like many, I ask why it is not a Hillsborough law. The delay for the families of the 97 has been completely unacceptable. Can I press the Lord Chancellor again on why the Government have launched a consultation on improving legal aid for victims of public disasters? Why not simply legislate to do it?

[Alex Chalk]

Because we have already taken very great steps. As I indicated, the sums involved are very significant. The second inquest alone was around £65 million. We are consulting on going further in respect of terrorism and cases where the IPA is appointed, but as no lesser authority than a former Chief Coroner has indicated, one has to proceed with caution in this space. We will have a consultation, and we will take sensible steps thereafter.

[Kim Johnson (Liverpool, Riverside) (Lab)]

I start by paying tribute to the families and my city for their determination for justice, and to James Jones for his report. However, six years and seven Home Secretaries later, it does not go far enough. We need a duty of candour, so can the Lord Chancellor confirm that the families seeking justice for Grenfell and Manchester Arena will get the support and the justice they deserve?

[Alex Chalk]

I thank the hon. Lady, and she is absolutely right that there needs to be a duty of candour. Indeed, that is the single most important thing that comes out of the Hillsborough charter, and it will be buttressed and supported, and people will be held to account, by an independent public advocate.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

On the duty of candour set out in the “Code of Practice for Ethical Policing”, which has been published today, why is the duty to “ensure openness and candour” only on chief officers? Why is it not on every individual officer?

[Alex Chalk]

Well, it is. There are two aspects to this. Under the code, it is right that chief officers should have to be responsible for the culture and practice within their organisation. But there is also a further duty that exists on police officers, through the 2020 regulations I referred to earlier, and those can of course sound in disciplinary sanctions, including dismissal. So it is available for both.

[Clive Efford (Eltham) (Lab)]

Contaminated blood, Grenfell, Hillsborough—the one thing they all have in common is that ordinary people suffered an incredible tragedy, and then the authorities and the establishment circled the wagons to deny them justice. What this report has exposed is a failure at the centre of the establishment to serve the public. This report is calling for candour from the people who represent such public bodies, so why is it that the Government, after all this time, have come back and said no to that one request?

[Alex Chalk]

Respectfully, that is not quite a fair representation. Bishop James Jones, in his point of learning 1, talked about the Hillsborough charter, and in paragraph 3 of that recommendation, he talked about candour. We have accepted that entirely. Bishop James Jones’s report was not about the law, although he adverted to it. As I have said, we are going to have further discussions, but it is important to notice what steps have been taken thus far.

[Richard Burgon (Leeds East) (Lab)]

People, including those personally affected by the Hillsborough tragedy, will have listened to the Government’s response today and been deeply disappointed. What is needed, among other things, is a duty of candour right across all public organisations, but also private organisations that are public-facing, such as those involved in social housing, for example. What is also needed is real equality of arms—not just some legal aid for the bereaved, but full equality of arms, meaning the same spending for victims as for public bodies.

The Opposition support a Hillsborough law, and a Hillsborough law is necessary, as the families have called for, to deliver this. Since the Opposition support it, the Government could have got this through and passed it in a number of weeks, and they still can. I urge the Government, before the next general election, to work with the Opposition across the House to get this passed. It is what the bereaved families and those communities deserve, and it is what people in future deserve as well.

[Alex Chalk]

I thank the hon. Gentleman for his observations, which I listened to with care. On the issue of equality of arms, it has to be observed, I hope, that the changes that have been made are extremely significant, not least because there is a commitment to ensure is proportionality, so we can no longer go back to a situation where the state is apparently using its deep pockets to unfairly load the dice against victims. That is being changed, and we are very committed to that direction of travel.

[Mike Amesbury (Weaver Vale) (Lab)]

I listened very carefully to the Lord Chancellor’s very considered statement, and the question that comes to mind is: why not? Why not have a Hillsborough law? That has not been answered.

[Alex Chalk]

This has, of course, been considered very carefully across Government Departments, and there are countervailing interests, which I am very happy to discuss with the hon. Member. There are issues of concern, and if we look at how the Bill was initially drafted by Andy Burnham, there was a very low bar—[Interruption.] Well, there is a lot of complexity to it, and I am very happy to discuss it with the hon. Member. However, the central point I want to get across today is that Bishop James Jones was talking about changing the culture. As he himself has noted, legislation is not always the answer; changing the culture is critically important. Through this charter, with the IPA, we will make enormous strides towards ensuring that this is part of what it means to be a public service in Britain.

[Jim Shannon (Strangford) (DUP)]

I thank the Lord Chancellor for his statement, and I commend the right hon. and hon. Opposition Members who have fought doggedly the whole way through. At the heart of any announcement about Hillsborough should be the victims and the families they left behind, who are devastated by the lack of urgency that they see from the Government. Does the Lord Chancellor agree that at the crux of any legislation for a public disaster, the onus should be in favour of the victims and their families? Will he ensure that the correct provisions are in place finally to compensate those who still live with that tragic event each and every minute of each and every day?

[Alex Chalk]

The hon. Gentleman makes a powerful point. For the victims, the pain never ends, and “grief is a journey”, as Bishop James Jones reported. It is totally unacceptable for victims to be left floundering in the agony of their grief in the immediate aftermath of a tragedy. That is why we set up the IPA and why it will be permanent, ready to swing into action not just to provide assistance, support and information, but to hold the relevant agencies to account.

[Peter Dowd (Bootle) (Lab)]

I have listened carefully to what the Lord Chancellor has said, and I thank him for his measured, comprehensive and frank approach. The primary question to be asked is whether he genuinely believes that the families of the bereaved and those affected will be satisfied with what he has said.

[Alex Chalk]

This statement is intended to respond to the 25 points of learning in Bishop James Jones’s report. Of course, because of the delay, which I have been pretty candid was too long, there has been a development in thinking thereafter, but the three of those points that were identified in particular by Bishop James Jones—the Hillsborough charter, the equality of arms and the police duty of candour—have been fulfilled, and I think they have been fulfilled in a way that massively advances the state of our country. Of course people want to have further discussion—I respect that and will of course accommodate them—but it is important to note that in terms of what was requested, very significant changes have been made.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the Lord Chancellor for his statement.

Oral Answers to Questions

Alex Chalk Excerpts

Tuesday 21st November 2023 Commons Chamber

[Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)]

2. What additional (a) financial and (b) practical support the Government plans to provide the International Criminal Court for its war crime investigations.

[The Lord Chancellor and Secretary of State for Justice (Alex Chalk)]

The UK is one of the major funders of the International Criminal Court, and provides further practical support including sentence enforcement, pro bono expertise in victim and witness protection, and secondments. In June, I met with the prosecutor of the International Criminal Court, Karim Khan KC, and I will remain in contact with the ICC to discuss what resources it needs to operate effectively.

[Neale Hanvey]

It should go without saying that the International Criminal Court needs to be able to do its work unimpeded if it is to establish when collateral damage transcends into deliberate slaughter, or whether self-defence was in fact collective punishment. Will the Government provide a guarantee from the Dispatch Box that they will not intervene—as they did alongside the United States in 2021—against any future ICC investigation into war crimes perpetrated against the people of Gaza?

[Alex Chalk]

The hon. Gentleman’s original question was about the resource that we provide to the ICC. We are the second largest donor after Germany, and we have provided some additional support this year. Questions about prosecution are matters for independent prosecutors. It is not for Ministers in this Parliament to make that sort of decision: that will be a matter for independent prosecutors, whom I would expect to exercise their discretion freely and fairly.

[David Linden (Glasgow East) (SNP)]

5. What assessment his Department has made of the adequacy of legal aid for immigration cases.

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[Gary Sambrook (Birmingham, Northfield) (Con)]

9. What steps he is taking to increase prison capacity.

[The Lord Chancellor and Secretary of State for Justice (Alex Chalk)]

This Government have embarked on the biggest prison building programme since the Victorian era, to create 20,000 modern, secure, rehabilitative places. To date, we have already delivered 5,600 places, a third prison at HMP Millsike is under construction, and last week we secured outline planning permission for our fourth prison, near the existing HMP Gartree in Leicestershire.

[Scott Benton]

I welcome the delivery of 20,000 additional prison places, as well as plans to deport some foreign criminals, rather than jailing them here in the UK. That will free up spaces and deliver considerable savings to the taxpayer. What steps is the Secretary of State taking to work with the Home Office to mitigate the risk of legal challenges as we seek to deport some of those who may pose a risk to the public?

[Alex Chalk]

My hon. Friend makes an important point. Between January 2019 and March 2023, 14,700 foreign national offenders were served with deportation orders and removed. As he has indicated, we have expanded the early removal scheme to allow for the removal of FNOs up to 18 months before the end of the custodial element of their sentence, so that we can bring forward the deportation of criminals who should not be here. On his specific point, we work closely with the Home Office to ensure that the right people and processes are in place to resist legal challenges.

[Gary Sambrook]

I welcome the measures that my right hon. and learned Friend has outlined to increase prison capacity to its largest ever, but he will recognise that capacity in prisons needs to come with capacity in staffing in order to make it a reality. Will he update the House on the progress made so far, particularly in the midlands and Birmingham?

[Alex Chalk]

I am grateful to my hon. Friend, who is such a champion on this issue. He is right, and to increase the number of staff we have increased pay, accepting the recommendation of the independent pay review body in full. That means an increase of 7% for band 3 to band 5 officers, which is wing officers up to custodial managers. We are also backing our officers with the roll-out of body-worn videos for every officer on shift, as well as PAVA spray in the adult estate. The net result is that the resignation rate is down significantly. That means more people remaining on the wings, improving the quantity and quality of our prison places overall.

[John Cryer (Leyton and Wanstead) (Lab)]

May I welcome the Under-Secretary of State for Justice, the hon. Member for Newbury (Laura Farris), to her well-deserved place on the Treasury Bench? As well as expanding prison capacity, has the Secretary of State looked at the possibility of investing in women’s centres? That was part of the Government’s female offender strategy, but it also has a proven track record in cutting reoffending?

[Alex Chalk]

I thank the hon. Gentleman for his kind words about my hon. Friend. Yes, absolutely; where the court determines that an alternative disposal is appropriate, we are keen for non-custodial options to be available. That is why we are investing heavily in alternatives. There are cases where women offenders must go to jail, but where that is not necessary we want to ensure that alternatives remain so that rehabilitation can take place in the community.

[Feryal Clark (Enfield North) (Lab)]

Now that the Government have left themselves with no choice but to send fewer people to prison and let more out early because there is simply no space for them, how many convicted criminals are currently on bail awaiting sentence, compared with this time last year? When do the Government expect normal service to resume?

[Alex Chalk]

I am proud of the fact that, unlike the previous Government, we are rolling out a prison expansion programme—something that entirely defeated the Labour party when it was in office. Labour said it was going to roll out three Titan prisons. How many did it produce? Absolutely none. On bail, it is the case that the number of those awaiting trial is higher, and up by 6,000 compared with the pre-covid period. That is why this Government are expanding capacity on the estate. We have 1,000 more judges, we are increasing the amount of legal aid, and we are ensuring that when people come to be sentenced, unlike under the Labour Government, they are going to prison for longer.

[Mr Speaker]

I call the shadow Minister.

[Kevin Brennan (Cardiff West) (Lab)]

The Secretary of State’s emergency early release scheme is meant to tackle a capacity crisis that is entirely of this Government’s making, and it excludes only serious violence. Surely domestic abuse and stalking are serious offences, yet they are not excluded from early release. What kind of signal does that give to victims, the public, and indeed perpetrators of violence against women and girls?

[Alex Chalk]

We are proud that under this Government sentences for offences such as rape have gone up by a third. We have a situation in which charges are up, the conviction rate is higher and sentences are longer—and, unlike under the Labour Government, people are spending a higher proportion of those sentences in custody. We think that is the right thing to do. To the hon. Member’s point, the exclusions in place go beyond what he indicated, so he is factually incorrect; they also include sex offences and terrorist offences. Here is a really important point: where the custodial authorities are satisfied that there is a specific risk, there is an opportunity to ensure that release is blocked. That is important, because we will always stand up for victims of crime.

[Kevin Brennan]

Argument weak? Go long and do not answer the question—the classic response from this Government. The truth is that without any Government announcement of a start date, prisons began releasing offenders over a month ago. These men are already walking our streets, but the Government will not tell us how many, or why they were behind bars in the first place. Why do the Government not believe that the public deserve to know who is being released back into the community when a court decided that they should be in prison?

[Alex Chalk]

We will make whatever appropriate announcements in due course; we will not demur from that. We will also not apologise for having, under this Government, a higher custodial population than before. We are taking robust steps to ensure that the public are protected, which means unashamedly that those who commit the most serious offences—those such as murder in the context of sexual or sadistic conduct—go to prison for the rest of their lives. Will the hon. Member support that? I wonder. We are also using the evidence so that those capable of rehabilitation are rehabilitated. One thing that we will not ever put at risk is the threat to women and girls. As the Under-Secretary of State for Justice, my hon. Friend the Member for Newbury (Laura Farris), indicated, we have taken steps to ensure that victims of domestic abuse will be properly protected under the Government.

[Mr Speaker]

Here is a man who will go short: I call Sir Desmond Swayne.

[Sir Desmond Swayne (New Forest West) (Con)]

10. Whether he is taking steps to increase levels of public confidence in non-custodial sentences.

[The Lord Chancellor and Secretary of State for Justice (Alex Chalk)]

To earn public confidence, non-custodial sentences must self-evidently be punitive, so that the British people can see that offenders are being punished for their crimes. They must also be enforceable, so that judges and magistrates can be confident that those who step out of line risk being brought back before the court and sentenced to immediate custody. That is why we are doubling the number of the latest GPS tags available to the court, so that offenders can be strictly monitored, and we have increased funding for the probation service by £155 million a year.

[Sir Desmond Swayne]

It is essential that every advantage be had from the latest monitoring technology, isn’t it?

[Alex Chalk]

Pithy and perfect—my right hon. Friend is absolutely right. Under the old technology, all that the so-called radio frequency tags could tell the probation service was whether that individual had left the premises to which he had been bailed or curfewed. The modern GPS tags are far more effective, because they can indicate where that person has gone, keeping them under a tight rein. We have additional tags, including alcohol monitoring tags to allow the courts and probation services also to monitor alcohol where that is the root cause of the offending.

[Tony Lloyd (Rochdale) (Lab)]

Is the evidence not clear that short prison sentences do not work, and that women’s centres, which deal with drug and alcohol abuse, mental health issues and so on, can be effective? It would make a lot of sense to roll that out for the male population—it is cheaper and it is better.

[Alex Chalk]

I am delighted to hear that from the hon. Gentleman. We have to follow the evidence, which shows that short sentences of immediate custody lead to a higher reoffending rate than those where the sentence is suspended, albeit on tight conditions, which might include curfew, an unpaid work order and potentially a rehabilitation requirement. Why? Because if the offender fails to comply, the probation service can find them in breach and bring them back before the court, where they will then likely hear the clang of the prison gate. We will follow the evidence. We make no apology for using our custodial estate to lock up the most dangerous offenders for longer and take them out of circulation. But protecting the public also means ensuring that those who would otherwise reoffend get off the conveyor belt of crime.

[Rachael Maskell (York Central) (Lab/Co-op)]

11. What assessment he has made of the adequacy of the conditions in the prison estate for the rehabilitation of offenders.

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[Chris Elmore (Ogmore) (Lab)]

17. What assessment he has made of the potential impact of the suspension of short sentences on the probation service.

[The Lord Chancellor and Secretary of State for Justice (Alex Chalk)]

To expand probation capacity, we have increased funding by £155 million a year to deliver effective supervision of offenders in the community. In 2020-21 we recruited an additional 1,000 trainee officers, 1,500 more in the following year, and 1,500 more in the year after that. This means that offenders who pose the highest risk to communities will receive robust supervision.

[Daniel Zeichner]

Successive Conservative Ministers have allowed the criminal justice system to fall into its current parlous state, making many communities, including in Cambridge, less safe. Now they propose to shift the burden from an over-pressed prison service to an over-pressed probation service. Can the Secretary of State guarantee that the money that should have been available to prisons will be moved to the probation service to allow it to keep our communities safe?

[Alex Chalk]

The first point is not right; since 2010, the overall levels of crime have fallen by 40%. As for the second point, reoffending has dropped from about 32% to about 25%. The third point, on probation, is, with respect, a better one. As we move towards suspended sentence orders, it is right for them to be robust and enforceable so that if people step out of line they can expect to hear the clang of the prison gate, and that is why I am engaging with the leadership of the probation service. Yesterday I also met frontline probation officers, because I want to hear from them how we can ensure that their workload is manageable and they have the resources that they need to keep our communities safe.

[Chris Elmore]

I refer Members to my entry in the Register of Members’ Financial Interests.

I echo the concerns of the Union of Shop, Distributive and Allied Workers and the British Independent Retailers Association, which fear that the scrapping of short sentences will only embolden retail criminals. The Secretary of State will know that far too many shop workers face being attacked in shops across the UK, particularly as we approach the festive period. According to the police, there has been a 24% increase in shoplifting in the past year. Can the Secretary of State assure us that the probation service can cope with the expected surge in retail crime, and ensure that those who work in shops will be protected and anyone who attacks them will face the full force of the law?

[Alex Chalk]

Those who behave in such an appalling way should expect to feel exactly that: the full force of the law. Let me be crystal clear: those who pose a particular threat to individuals can expect to hear the clang of the prison gate. Those who commit offences while subject to an order—be it, for instance, a community order, a stalking prevention order or a domestic abuse protection order—can also expect to be outwith the presumption. Through the use of tags, we can ensure that people who do not abide by stringent requirements—which, by the way, could include not going to a particular shopping precinct—can expect one outcome, and one outcome only: prison.

[Mr Speaker]

I call the shadow Minister.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

In response to the question from my hon. Friend the Member for Cambridge (Daniel Zeichner), the Secretary of State said that he had recruited 1,000 additional probation officers, but in fact that recruitment campaign has resulted in 76 fewer probation officers between March last year and March this year. Owing to the excessive workload, staff are leaving in droves. The proposed new presumption in favour of extended sentences and the extension of electronic monitoring will simply offload more pressure from prisons on to the probation service, will it not? What are the Government doing to address these issues of excessive workload and the loss of probation staff?

[Alex Chalk]

On a point of detail, as of 30 September 2023 the increase on the previous year was 4.2% for band 3 probation officers, 6.9% for band 4 officers and 13% for senior probation officers. The so-called attrition rate, or resignation rate, is also down. There are more probation officers, and more of them are remaining in place. The reason that matters is the fact that experience counts. This is an extremely difficult job, and making good judgments requires wisdom and experience. We are investing in the probation service so that its officers can do their job on behalf of our communities.

[Munira Wilson (Twickenham) (LD)]

T1. If he will make a statement on his departmental responsibilities.

[The Lord Chancellor and Secretary of State for Justice (Alex Chalk)]

Since the last Justice questions, we have introduced a Criminal Justice Bill, which responds rapidly and robustly to the latest criminal threats. It will include strengthened laws to criminalise those who breach trust by taking intimate images without consent; broaden the offence of encouraging and assisting self-harm; give judges the power to order offenders to attend sentencing hearings; and enable the probation service to polygraph-test more terrorists and sex offenders. Meanwhile, the new Sentencing Bill has public protection at its core, making the severest punishments available for the most dangerous offenders, such as murderers who kill with sexual or sadistic conduct, to take them out of circulation forever. It will protect the public by breaking the cycle of reoffending to reduce crime.

We have also welcomed my hon. Friends the Members for Newbury (Laura Farris) and for Orpington (Gareth Bacon) to the Front Bench. As I think the House has already observed, they will make a formidable contribution to public life.

[Munira Wilson]

The Prime Minister and certain other senior Government figures have suggested that the European convention on human rights should be disapplied in some asylum cases, and the deputy chairman of the Conservative party, the hon. Member for Ashfield (Lee Anderson), has said that the Government should simply ignore last week’s Supreme Court ruling. Does the Justice Secretary agree?

[Alex Chalk]

The Government are confident that we can deliver on the priorities of the British people while remaining within the four corners of our international legal obligations. Make no mistake, we are determined to ensure that our borders are secure. This is a rule of law issue. It should not be the case that those who try to jump the queue and arrive illegally should derive some sort of advantage from that. We understand that clearly on the Government Benches and we will do everything we can to stop the boats.

[Andy Carter (Warrington South) (Con)]

T3.   One of the primary reasons for adjournment and relisting in magistrates courts is a lack of trained probation officers to carry out pre-sentence stand-down reports. Could the Minister outline what steps he is taking to address this so that courts can get through caseloads more speedily?

[Alex Chalk]

My hon. Friend speaks with great authority as a magistrate, and I know from my own experience as a practitioner how important stand-down reports are. They provide the bench with information about the offender—their relationship situation, their record of previous convictions, their mental health problems and so on—so that the court can tailor a disposal that punishes the offender but also progresses their rehabilitation. We are working closely with the probation service to ensure that that resource is properly allocated so that we can have more stand-down reports to ensure better justice on the facts of each case.

[Mr Speaker]

I call the shadow Minister, Alex Cunningham.

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[Andy Slaughter (Hammersmith) (Lab)]

T2.   Eight courts have so far been named as containing reinforced autoclaved aerated concrete—RAAC—and three of them are closed. The Government will not say which prisons are affected, but will they guarantee that funding for RAAC removal will not come at the expense of existing maintenance schemes, given the huge backlog of repairs in courts and prisons?

[Alex Chalk]

The hon. Gentleman is right about the eight court buildings, but that is in the context of an estate of over 300 buildings. It is important to note, however, that we have massively increased the budget for the court estate, and that enables us to do two things. First, we can take on more projects and also plan them because we have guaranteed this over two years, meaning that we can plan in a more efficient and effective way. The second issue so far as prisons are concerned is that separate considerations apply because the buildings are used for a whole range of different purposes; there is the prison itself, but there are plenty of ancillary buildings. This is all being inspected in the normal way, and the budget is certainly there to effect remediations if required.

[Matt Vickers (Stockton South) (Con)]

T10.   Last week I visited my local Co-op store in Hartburn, where I met staff and Union of Shop, Distributive and Allied Workers reps as part of Respect for Shopworkers Week. There are around 867 assaults on shop workers not each month, not each week but every single day. We cannot go on like this. Will my right hon. and learned Friend look again at what we can do to tackle this issue and deliver justice for shop workers?

[Alex Chalk]

My hon. Friend is absolutely right. Those people are on the frontline of society, acting effectively in public to do an incredibly important public service. We have already moved to ensure that the courts can treat assaults on shop workers as an aggravating factor when it comes to sentencing. To be clear, this means that, in appropriate cases, the fact that a person has assaulted a retail worker can mean the difference between a non-custodial penalty and a custodial penalty, which is absolutely right. Those who behave in such a cowardly way should expect all consequences.

[Dan Jarvis (Barnsley Central) (Lab)]

T4. The rule of law is sacrosanct, isn’t it?

[Alex Chalk]

Yes.

[Sir Michael Ellis (Northampton North) (Con)]

Does my right hon. and learned Friend agree that the judiciary must not make incendiary comments about Israel? At Walsall magistrates court, a district judge recently acquitted defendants who had vandalised a factory, believing it to be supplying Israel, and is reported to have told them their action was

“proportionate in comparison to the crimes against humanity which they were acting to stop.”

Does he agree that judges are supposed to uphold the law, not encourage its breach? This brings our legal system into ill-repute, so will he take this from me as a complaint to the Judicial Conduct Investigations Office?

[Mr Speaker]

Order. We are not meant to criticise the courts, and I know that such a learned Gentleman will know better; I am sure we can avoid any criticism.

[Alex Chalk]

I simply note the question. Plainly, I make no comment on the specifics. I have heard my right hon. and learned Friend’s point, and I will happily take it up with him subsequently.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

T6. The Ministry of Justice has released its latest quarterly statistics on deaths and self-harm in the England and Wales prison estate. The rate of self-harm incidents among female prisoners went up by a stark 63% compared with the same quarter last year, and there was an overall 24% increase in self-inflicted deaths. What assessment has the Secretary of State made of the impact of the MOJ’s policies on these increases across the prison estate?

[Wendy Morton (Aldridge-Brownhills) (Con)]

In the summer, the Government made a welcome announcement on banning zombie knives and machetes and doubling the sentences for supplying a knife to an under-18 and for possessing a knife with intent to cause harm. Now we are in a new Session, will the Secretary of State set out the timeline for bringing forward legislation to make this happen?

[Alex Chalk]

I am grateful to my right hon. Friend, who is a passionate and principled campaigner on the issue of public safety. These measures will find their way into the Criminal Justice Bill. I look forward to her support, which I know will be forthcoming. Let us hope that hon. Members right across the House will put public protection as one of their priorities.

[Jim McMahon (Oldham West and Royton) (Lab/Co-op)]

T7. New figures released by the Co-op Group show that a staggering 300,000 incidents of shoplifting, abuse, violence and antisocial behaviour in Co-op stores have been reported this year alone. Surely the best way to stop violence against shop workers is to make it a stand-alone offence, as requested by the Labour party, the Co-op party and the USDAW trade union.

[Alex Chalk]

It is important to establish what is already available to the police: section 39 on common assault, section 47 on assault occasioning actual bodily harm and—heaven forbid—sections 20 and 18, which relate to more serious cases of grievous bodily harm. Plus, if an individual is convicted on any of those grounds, the courts can—indeed, ought to—consider assault on a retail worker as an aggravating factor. As I have indicated, that can mean the difference between a non-custodial and a custodial penalty.

We will keep these matters under review, but the central point is that before someone can go before the court, they have to be arrested. That is why I am delighted that we have more police officers than at any time in our history, ready to take the fight to those who assault shop workers.

[Mr David Davis (Haltemprice and Howden) (Con)]

My right hon. and learned Friend has a terrific record on dealing with SLAPPs—strategic lawsuits against public participation—so he will understand how greedy lawyers encourage their billionaire clients to crush their opponents by extending court cases, dragging them out and multiplying them. What has not been taken on board is that that also costs the taxpayer millions of pounds. I think those lawyers should have to meet those costs. With that in mind, will he publish the costs incurred by SLAPPs cases?

[Alex Chalk]

No one in this House has done more than my right hon. Friend to clamp down on this iniquitous behaviour, and I am pleased that we have been able to make some progress. He makes a really important point: every day that is spent in court pursuing ill-founded and abusive litigation is time that could be spent on other matters in the public interest. I will certainly look into the interesting suggestion he makes about publishing the cost of that behaviour.

[David Linden (Glasgow East) (SNP)]

T8. After the Supreme Court ruling on Rwanda, the hon. Member for Ashfield (Lee Anderson) said that the Government should “ignore the laws” and put planes in the air anyway. The Prime Minister has failed to distance himself from those comments. Does that disappoint the Justice Secretary?

[Alex Chalk]

I refer the hon. Gentleman to the answer I gave a few moments ago. There is understandable righteous indignation about the situation that exists. We believe that we can comply and deliver our policies within the four corners of international law—that is our approach. However, those who arrive illegally threaten to corrode the rule of law, because that of itself sends out a poor subliminal message that those who do so can act with impunity. That does not strengthen the rule of law.

[James Sunderland (Bracknell) (Con)]

The Justice Secretary will know of the hard work undertaken in this Parliament to bring the Desecration of War Memorials Bill into law. Elements of that Bill were subsumed into the Police, Crime, Sentencing and Courts Act 2022, but will he now undertake to complete the job?

[Alex Chalk]

My hon. Friend is one of two hon. Members who have fought hard on this issue, and he does so from the position of having served his country. It is completely iniquitous that people should seek to act in a way that desecrates war memorials. His specific point seems utterly compelling and I am happy to discuss it with him hereafter.

[Joanna Cherry (Edinburgh South West) (SNP)]

T9.   The Justice Secretary is an experienced lawyer, for whom I have a great deal of respect. Will he explain to the Prime Minister that following the Supreme Court’s judgment on Rwanda, merely to legislate that the facts on the ground in Rwanda are the opposite of what the Supreme Court found them to be will make no difference to the problems the Supreme Court has identified, and will simply make the Government a laughing stock?

[Alex Chalk]

I thank the hon. and learned Lady for her point. At the risk of harming her political career, the respect is entirely mutual. In a rule-of-law country, people can disagree with the decision of a court but they must respect it. We respect the ruling and of course we will abide by court orders, but it is also right that we carefully consider what the Supreme Court said and seek to adjust appropriately. We will do what we properly and lawfully can do to stop the boats. That is our mission and the mission of the British people, and we will deliver on it.

[Edward Timpson (Eddisbury) (Con)]

I welcome my right hon. and learned Friend’s commitment to increase the use of tagging, where appropriate, to reduce the amount of reoffending. In doing so, what plans does he have to include high-risk domestic abusers and, potentially in the future, those who are illegal drug users?

[Alex Chalk]

Not for the first or last time, my hon. and learned Friend has got absolutely to the point. We have deliberately constructed the policy so that if an individual presents a significant threat to a particular individual—often a spouse or a partner—the presumption would not apply. That is critically important and I was happy to discuss that point with Women’s Aid and other relevant bodies. We are on the side of victims of domestic abuse and violence, and nothing that we do will cut across that important principle.

[Imran Hussain (Bradford East) (Lab)]

Supporting offenders in practising their faith is regularly cited as playing a key role in their rehabilitation in prisons. However, as the Minister will know from my frequent correspondence with the chief executive of His Majesty’s Prison Service, many prisons either do not provide the facilities required or actively hinder offenders in practising their religion. HMP Full Sutton has been brought to my attention as one such example. Given its importance, will the Minister assure me that a full review of faith provision across the prison estate will be conducted and guarantee that no one will be denied the ability to freely practise their religion?

--- Later in debate ---

[Mr Gregory Campbell (East Londonderry) (DUP)]

The Secretary of State has alluded to the continuing reduction in reoffending rates among those leaving prison. Does he agree that central to maintaining confidence in the wider community is that the reoffending rate goes down further still?

[Alex Chalk]

The hon. Gentleman makes a simple but incredibly important point. We want to follow the evidence so that we protect the public. We will do so, on the one hand, by locking up the most serious offenders for longer and taking them out of circulation, and, on the other, by cutting offending. Fewer crimes mean a better protected public. That is the approach that we will take.

[Rob Butler (Aylesbury) (Con)]

Yesterday, I met former prisoner LJ Flanders who, while serving his sentence, devised a fitness regime that can be conducted in a cell with no special gym equipment. With the support of Bucks Association for the Care of Offenders, he has just run a two-week training programme in HMP Aylesbury to train other prisoners to provide coaching and mentoring of a similar style. Will my right hon. Friend please encourage everybody in His Majesty’s Prison and Probation Service, particularly governors, to facilitate such courses to reduce reoffending?

Violence Reduction, Policing and Criminal Justice

Alex Chalk Excerpts

Wednesday 15th November 2023 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Alex Chalk)]

The first duty of any Government—its most serious and solemn responsibility—is to keep its people safe. Since 2010, overall levels of crime are down by more than 50%. Domestic burglary is down by 57%, violent crime by 52%, vehicle-related theft by 39%, and the number of young people admitted to hospital following an assault with a knife or other bladed weapon has fallen by 26%. In fact, His Majesty’s chief inspector of constabulary, Andy Cooke, has said that

“England and Wales are arguably safer than they have ever been.”

That is because the Government have taken decisive measures, including recruiting 20,000 police officers so that we can cut crime and keep our communities safe. We have made robust punishments available for the worst criminals to keep the most serious offenders in custody for longer, and we have commissioned the biggest prison building programme since the Victorian era.

The Gracious Speech builds on that record with a range of long-term decisions that keep public protection at the heart of the Government’s agenda for our country. I want to start with tackling violence against women and girls, on a point made by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper). That is a priority for the Government, and for me personally, but let us step back to reflect on some of the progress made in the last decade or so. The right hon. Lady referred to the offence of stalking and said that she wanted some progress. She will recall that in the 13 years that she was in Government, there was no offence or crime of stalking. We are the party that created it so that behaviour described as “murder in slow motion” could be properly addressed. Then we doubled the maximum sentence.

[Yvette Cooper]

Let me correct the Secretary of State. He may not recall, but I tabled one of the first amendments on reform to introduce a stalking law. That same amendment was eventually taken up in the other place by the Labour lords, and the Conservative Government agreed to it. I am very glad that they did, but he should not take credit for agreeing to a Labour proposal that I and others put forward.

[Alex Chalk]

I am delighted to debate this with the right hon. Lady. Thirteen years, and it was not on the statute book. When did it come on to the statute book? In 2012. She had 13 years, and she missed her opportunity. This is the party that put it on the statute book.

The right hon. Lady referred to other matters of violence against women and girls. This is the party that created the offence of coercive and controlling behaviour. We are the party that slayed the myth that abuse is perpetrated only with punches, kicks and other physical violence. We know that it is not, and we acted to outlaw it. We introduced the landmark Domestic Abuse Act 2021, creating a new domestic abuse commissioner and ending abuses such as the ability of DA perpetrators to cross-examine victims. We created a standalone offence of non-fatal strangulation, and made clear that the cowardly so-called “rough sex gone wrong” defence for murder does not exist.

We delivered radical improvements to the victims code to secure entitlements for victims, including the automatic right for eligible victims to be told when a perpetrator is due to leave prison. There is a 24/7 rape support helpline, more than 950 independent sexual violence advisers and independent domestic violence advisers. We have outlawed upskirting and revenge porn, and introduced the most wide-ranging modern slavery legislation probably anywhere in the world. Over the last year, we have built on that work by ensuring that violence against women and girls is now recognised as a national threat, just like terrorism and organised crime. It is also included in the strategic policing requirement.

When I began my career in the courts, violence behind closed doors was all too often passed off and trivialised as a “domestic”, with no action taken. Not any more. We see it for what it is: corrosive, cruel and devastating. Those responsible are no longer beyond the reach of the law.

[Jim Shannon (Strangford) (DUP)]

I commend the Secretary of State on his speech. He will know that the figures for Northern Ireland are the worst in the whole of Europe. A total of 27 women have been murdered in Northern Ireland by an intimate partner, relative or family member since 2017. Those figures are shameful and discouraging for us all. Would he encourage the Department for Justice in Northern Ireland to follow suit on any legislation on tackling violence against women and girls, so that Northern Ireland is not left behind?

[Alex Chalk]

Yes, I would. I look forward to the restoration of the Assembly so that these important priorities can be pursued.

Let me turn to the issue of rape, which I heard mentioned sotto voce from the Opposition Benches. In 2021, we launched a rape review to drive up the criminal justice system’s response to this crime. We committed to total transparency on the data, publishing dashboards about reports, charges and receipts in the Crown court, so that any member of the public could see what was taking place at the touch of a button. We identified levers to drive forward the effectiveness and efficiency of the system, including rolling out technology to ensure that evidence from mobile phone devices could be harnessed rapidly, without victims being separated for long periods from what can be a lifeline. We set out ambitions that many commentators said were unachievable, and we brought Government Departments together, literally—sitting around the same table to prosecute our mission on behalf of victims. Of course, there is always further to go, but the progress made is significant. The volume of adult rape cases reaching court since 2019 has doubled.

Meanwhile, seeing as the right hon. Member for Normanton, Pontefract and Castleford wanted to put us under the microscope, let me make these points. The situation compared with 2010 is striking. More cases of rape are being prosecuted. The conviction rate is higher. Sentences are longer and, importantly, the proportion of those sentences spent in custody is significantly increased, too. To the political points that the right hon. Lady made, she was in Government and voted for the Criminal Justice Act 2003, section 244 of which, if she wants to remember, made sure that every single rapist was released at the halfway mark. If they were sentenced to 10 years, she voted to ensure that they were released after five. We have changed that. This Government say that that is not right, not fair on victims and not just. She needs to account for her actions. We have invested £24 million in Operation Soteria, which brings together the police, prosecutors and academics to develop a new approach to rape and sexual offences. There is now a clear expectation that investigations must focus on a suspect’s behaviour, not on the victim’s supposed credibility.

Let me turn to the police. Becoming a police officer is a noble calling. To sign up is to commit to running towards danger when others flee. It means engaging with the most threatening people in society, but also the most vulnerable. That demands judgment as well as skill and integrity. Given the power that officers necessarily wield, it is essential that those who wear the uniform are competent, decent and honest. A small minority of officers fall short of the required standard. In recent years, some have transgressed in the worst ways possible. That inevitably shook public confidence in the police.

Baroness Casey’s review of the Met made for deeply concerning reading, and the first part of the Angiolini inquiry is focused on the career of the serving officer who raped and murdered Sarah Everard. Part two will look at broader issues in policing and the safety of women. Earlier this year, the Government launched a review into police officer dismissals, and the Home Office has recently announced a number of measures to strengthen the system as a result of that review. There will be a presumption of dismissal for those found to have committed gross misconduct. We are handing back responsibility for chairing misconduct hearings to senior police officers, while retaining independence in the system.

The College of Policing has strengthened the statutory code of practice for police vetting, making the obligations on police chiefs stricter and clear, as was published in July. His Majesty’s inspectorate of constabulary and fire and rescue services has found that forces have made progress on vetting. They must not let up. All police forces have cross-checked their workforce against the police national database to help to identify anyone not fit to serve and the National Police Chiefs’ Council will provide an update on its findings in January. The Government will change the law to ensure that all officers who are unable to maintain vetting clearance can be sacked.

The Criminal Justice Bill includes a duty of candour, requiring police chiefs to ensure an ethical culture in their forces. In August, the previous Home Secretary wrote to policing leaders, asking them to outline their plans to increase visibility and confidence in local policing and to report back on progress by next March. Confidence in policing is not just about individual behaviour but about the performance of each force. There is no such thing as a trivial crime. The public expect the police to follow all reasonable lines of inquiry, and the Government have secured a pledge from all forces to do so. That pledge applies to all crimes, and the public expect to see improvements in the approach to phone theft, car theft, criminal damage and shoplifting.

At the heart of the Government’s legislative programme for the forthcoming parliamentary Session are our plans to keep the British people safe. Our Sentencing Bill has public protection at its core. There are two elements to our approach. For people who commit the most horrific murders, such as murders with sexual or sadistic conduct, the public are protected by keeping them where they belong—out of circulation, behind bars for the rest of their life, unless the court finds exceptional circumstances. That is how they can be prevented from inflicting any more damage to individuals and to society. Our Bill also means that rapists and those convicted of the most serious sexual offences will serve every day of their custodial term behind bars. That is night and day compared with the regime we inherited in 2010. At that time, a rapist sentenced to 10 years was out in five. Now, a rapist sentenced to 10 years will serve the full term.

[Vicky Ford (Chelmsford) (Con)]

My right hon. and learned Friend is making an excellent speech and doing excellent work. He has not mentioned the crime of terrorism, which is one of the most serious, and he has not had a chance to mention the amendment that we will vote on today. There is grave concern that the greater the loss of civilian life in the middle east is, the greater the likelihood of radicalisation and increased terror at home. Does he agree that those of us who believe that now is not the right time to call for a full ceasefire, because of the difficulty of giving it, are not giving Israel a moral blank cheque to continue with operations in the way it has so far? Protecting civilian life is vital to prevent future terrorism here and elsewhere.

[Alex Chalk]

My right hon. Friend puts it well. Anyone who has observed what has taken place cannot fail but to be filled with anguish and distress, so of course it is the case that a nation’s right to defend itself is a right to do so consistent with international law. The Government are very clear on that, as indeed I think are most people in the House, but she puts the point well.

Protecting the public, which is the theme I am seeking to stress, also demands that we follow the evidence about what works to prevent reoffending. If reoffending goes down, crime goes down. If crime goes down, the public are protected.

[Richard Graham (Gloucester) (Con)]

I am very grateful to the Lord Chancellor, who was quite right earlier to reject the attempt at revisionist history on stalking by those on the Labour Benches. He and I worked very closely together on the initial change to the legislation. Does he agree with me that there is an opportunity in the next police, crime and sentencing Bill to also address something that would help to protect some of our young people, which is the issue of spiking? There is a real opportunity to update the 1861 law, give a clear definition of spiking and send a very clear message to all those who might be tempted to do so.

[Alex Chalk]

I thank my hon. Friend, who is absolutely right. He did extraordinarily important work on stalking. He understands, as I do, that it is a wicked crime that leaves women in particular feeling very vulnerable. We acted when others did not and revisionism is to be deprecated; I strongly agree with him. On spiking, my hon. Friend is a tremendous campaigner. He is right that the legislation that is apt to capture this offence is within the Offences against the Person Act 1861. It provides police with powers, but he makes a powerful point. He will continue to make such points and we will consider them with care.

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)]

The right hon. and learned Gentleman is making an interesting speech. I expect he will share my disquiet that we presently have 600 vacancies for police in Scotland which are not going to be filled. An independent councillor in the highlands called Matthew Reiss, himself a senior retired police officer, has said that the thin blue line is going to get thinner. Without police, we cannot do the sort of things that the right hon. and learned Gentleman is talking about—in other words, catching the criminals and making people feel secure. Could he, in his capacity, share his best practice with the Scottish Government in the future?

[Alex Chalk]

What a very kind offer. I am sure that call will be echoed by those in the SNP Benches in front of the hon. Gentleman. We, of course, would be delighted to share any best practice. He makes a very serious point. To do all the things we want to do to protect vulnerable people requires boots on the ground—it requires police officers. That is why we are proud of the fact that in this jurisdiction the number of police officers stands at, or close to, an all-time high. We would be happy to commend that approach to our friends north of the border.

On public protection, taking the most serious offenders out of circulation is how we stop them committing crime. But we also want to follow the evidence about what works to prevent reoffending, because that is also how we keep the British people safe. The evidence—not sentiment, evidence—shows that those on immediate prison sentences of less than 12 months are significantly more likely to reoffend than similar offenders who get sentences in the community. They are over 50% likely to reoffend, as compared to less than 25% for those who are required to adhere to tough conditions, with a risk of going to prison if they fail to comply. Let me be clear about what that means. Those who are on suspended sentence orders are required to comply with onerous requirements—be they unpaid work orders, alcohol rehabilitation requirements or whatever—on pain of going straight to prison if they fail to comply. The evidence shows that people see that as a powerful deterrent.

[Sir John Hayes (South Holland and The Deepings) (Con)]

My right hon. and learned Friend will want to comment, in that context, on persistent offenders, because he will know that there are many offenders who persistently offend and commit crimes that would not attract a sentence of more than 12 months. The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) spoke of shoplifting, for example. Criminal damage would be another example, as would antisocial behaviour. Some 30% of persistent offenders commit 80% of crimes. Is he really saying that none of them should go to prison?

[Alex Chalk]

On the contrary. I know that my right hon. Friend rightly, on behalf of his constituents, wants to ensure that those who destroy lives and have a corrosive impact on communities are brought to book. That is why the provisions have been carefully constructed and calibrated to ensure that those who are unable or unwilling to abide by an order of the court can expect to hear the clang of the prison gate. Not only will the proverbial sword of Damocles be hanging over them, but for those who commit an offence when they are subject to a court order—be it a supervision order, a community order or a non-molestation order—the presumption no longer applies. We send a clear message to criminals: obey the order of the court or expect to go to prison.

Judges will retain their discretion to impose immediate custody when an offender poses a significant risk of physical or psychological harm to an individual—this is to the direct point made by the right hon. Member for Normanton, Pontefract and Castleford—so that domestic abuse offences and other violent offences against women and girls can and will continue to be punished, with immediate custody protecting victims. Nothing changes, but for those whose sentence is suspended, the courts will be able to continue to use a range of requirements, including curfews, electronic tags, community payback and exclusion requirements. Those who do not comply or who commit further offences can be brought back to court and risk being sent to prison.

Alongside that, we want to ensure that we have the prison places to keep serious and dangerous offenders locked up for longer, while allowing lower risk offenders to benefit from community-based restrictions to assist with their resettlement, get back into work and start contributing to society where that can be safely managed. For that reason, we are extending home detention curfew to offenders serving sentences of over four years and keeping our tough restrictions that prevent serious violent, sexual and domestic abuse offenders from accessing this facility.

The Criminal Justice Bill includes measures that deliver on three strategic objectives: first, protecting the public from violence and intimidation; secondly, enabling law enforcement agencies to respond to changing technology deployed by criminals, including by equipping them with sufficient powers to address emerging types and threats; and thirdly, strengthening public confidence in policing. We will protect the public from violence and intimidation by strengthening the law on the taking of intimate images without consent and expanding the offence of encouraging or assisting self-harm.

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

I am grateful to the Secretary of State for giving way. We used to have happy times on the Justice Committee together when we were little striplings. What he is saying sounds good, but my question is this. Last year, the hon. Member for Harwich and North Essex (Sir Bernard Jenkin) and I amended the Public Order Act 2023 to stop intimidatory protests against women using abortion clinics. Although it was passed, that is the only section that has not been enacted. Ealing Council does not know whether to renew its temporary order, which is coming up again. If the law was passed and enacted, it should not have to. Can he tell Ealing Council and the whole country what to do when women every day face intimidation?

[Alex Chalk]

I thank the hon. Lady for her question. We did indeed have a productive and non-partisan time on the Justice Committee. On the specific important point she raises, the Minister for Crime, Policing and Fire, my right hon. Friend the Member for Croydon South (Chris Philp), will address that point in closing—but essentially, it will happen in due course.

We will protect the public from violence and intimidation by strengthening the law on the taking of intimate images, as I have indicated. We will increase the multi-agency management requirements on offenders convicted of coercive or controlling behaviour. As I say, that was not an offence in 2010. We are implementing a further recommendation in the domestic homicide sentencing review, giving judges the discretion at sentencing to add a statutory aggravating factor for a killing connected to the end of a relationship, many of which are committed where there has been a history of coercive or controlling behaviour. That man who says, “If I can’t have you, no one will” can expect a more serious penalty.

Finally, it is a further insult to families when perpetrators refuse to appear in the dock to face up to the consequences of their actions, so it is quite right that we will give judges the power to order offenders to court and punish those who refuse.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

The Secretary of State has outlined some measures to protect women who face really horrific abuse. I have been campaigning on the key issue of girls who are associated with gangs. The fact is that they are groomed and used by gang members for horrific crimes, and those girls are then victimised and imprisoned. Does he agree that we should have a statutory definition of child criminal exploitation, so that girls do not continue to face that horrific ordeal?

[Alex Chalk]

The hon. Lady has made a very important point. I will not bore the House with war stories, but I remember defending a young woman—17 years old. She had been abused by her boyfriend, who had put pressure on her to hold a MAC-10 firearm. The police, of course, then arrested her, and she was at risk of a mandatory minimum sentence of three years, although she had been put under all that pressure by her boyfriend. The courts do have discretion to take personal circumstances into account, and in that case, when the court found that there had been exceptional circumstances, it was not bound to impose the mandatory minimum sentence. It is always worth recalling that in a fair society, before independent courts, there is an opportunity for important points of mitigation to be advanced. The hon. Lady also made a point about grooming, and I now want to turn to the issue of protecting children in that regard.

In April, the Prime Minister and the former Home Secretary announced a package of measures to tackle child sexual exploitation, grooming and abuse, so that our law would keep pace with criminals’ latest warped ingenuity. We are introducing a statutory aggravating factor at sentencing for grooming behaviour in connection with sexual offences committed against under-18s in order to tackle those involved in grooming gangs. There is also a new child sexual exploitation police taskforce—that means analysts in every police region—and a new complex and organised child abuse database. Tackling organised exploitation programmes have also been rolled out, bringing together force-level, regional and national data and intelligence.

The Criminal Justice Bill also takes the fight to criminals. Articles used in serious crime, such as templates for 3D-printed firearm components and pill presses, will be prohibited. The Government have secured from the police agreement to pursue all reasonable lines of inquiry, and the Bill creates a power to enter premises without a warrant to seize stolen goods such as mobile phones. The operation of serious crime prevention orders will be strengthened to make it easier for police and other law enforcement agencies to place restrictions on offenders or suspected offenders and prevent them from participating in further crime.

The Bill brings further action on the scourge that is knife crime: that includes creating a power to seize, retain and destroy bladed articles found on private property that are likely to be used in connection with unlawful violence, increasing the maximum penalty for the sale of prohibited weapons and for selling knives to those under 18, and the creation of a criminal offence of possessing a bladed article with the intent to use it in unlawful violence. To increase public confidence in policing, the Bill provides for a duty of candour for policing, and gives chief officers the right to appeal against the result of misconduct boards to police appeals tribunals.

Let me turn briefly to the Victims and Prisoners Bill, which will enshrine the principles of the victims code in law, and provide greater oversight and transparency in respect of how victims are treated, with criminal justice inspectorates undertaking joint inspections on victims issues when directed to do so. As one who grappled with the old victims code under the Labour Government, when the right hon. Member for Normanton, Pontefract and Castleford was in power, I should point out that that was a pale imitation of what exists now. The code that was in place under Labour failed to give victims a right to review or the right to make a victim personal statement, it only applied to victims of particularly serious crime, and it failed to give any rights to close relatives.

Our victims code dramatically strengthens the rights of victims. It will be easier for victims of crime to make complaints against a public body by removing the need to go through an MP. It creates a duty for the police to ensure that requests for third-party personal records from complainants are proportionate and necessary. This measure will apply to victims only. There will be an independent public advocate for the victims of major incidents, who will help bereaved families and the injured in the immediate aftermath of a large-scale disaster.

[Maria Eagle (Garston and Halewood) (Lab)]

rose—

[Alex Chalk]

I will give certainly way to the right hon. Lady in a moment, but not before paying tribute to her and, indeed, the Hillsborough families and others for campaigning for this measure.

[Maria Eagle]

I know that the Lord Chancellor has taken an interest in the public advocate proposals, but does he agree that they need to be strengthened in order to be effective, and that his proposals, as they currently stand, are nowhere near good enough to do the job that I, and others, hope they can do?

[Alex Chalk]

I have been very grateful to the right hon. Lady for the care and attention that she has given to this sensitive area over many months and years. We will continue to work with her so that this can be the best possible advocate. It is important to note, however, that whatever we provide will be a massive step forward. We do of course want to get it right, and I commit myself to working closely with the right hon. Lady in order to do so.

Finally, the Parole Board will be required to include members with a background in law enforcement in order to help parole panels make better decisions when assessing risk.

The legislation laid out in the Gracious Speech is an ambitious, long-term vision for our country. It builds on our record over the last 13 years to make our country safer than ever. It is a programme rooted in evidence; a programme that responds to the anger and distress that we all feel about crime, and that does so with measures that actually drive it down. We will ensure that the most dangerous offenders spend longer in prison to protect the British people from harm, and to protect women and girls in particular. We will equip the police with powers to fight the latest criminal trends that blight our communities, and we will ensure that law enforcement has the confidence of the public while pulling every lever to reduce offending, because that is what keeps the British people safe.

[Sir Julian Lewis (New Forest East) (Con)]

rose—

--- Later in debate ---

[Alex Chalk]

At the death, I will give way.

[Sir Julian Lewis]

I detected that my right hon. and learned Friend had reached the closing part of his peroration, so I wanted to ask him to address one concern that I have about the policing of demonstrations. As it happens, I think the police made the right call about 11 November, given the law as it stands. What concerns me is that three weeks earlier, on 21 October, a planned demonstration in Golders Green to pray for Israel and the Jewish people was called off after the police advised that it would be subject to intimidation or violence from people who were representing it as a threat against Muslims holding a demonstration for Palestine seven miles away. Does it not concern my right hon. and learned Friend that a peaceful demonstration should be called off in the face of intimidation, and is it not a matter of concern that the people who made the online threats that led the police to give that advice have not, as far as I have learned, been in any way questioned, sought or prosecuted?

[Alex Chalk]

As always, my right hon. Friend has made an extremely powerful point. On the basis of what he has said, that does seem troubling. I do not know all the details, of course, but the fundamental point is that anyone in our community, whether they are Jewish or otherwise, should be able to practise their faith without let or hindrance. I am grateful to him for raising that. If there are measures that need to be followed up to protect our vulnerable communities, they should be.

The Criminal Justice Bill focuses on the evidence—the evidence of what works and the evidence of what keeps the British people safe. Sometimes that will mean people being locked up for longer, and we make no apology for that. Sometimes it will mean ensuring that those who are capable of being redeemed are being redeemed. That is how we drive down reoffending, and that is how we protect the British people. I commend the Government’s programme to the House.

[Several hon. Members rose—]

Andrew Malkinson Inquiry Announcement

Alex Chalk Excerpts

Thursday 26th October 2023 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Alex Chalk)]

In August 2023 I announced that the Ministry of Justice would establish a non-statutory independent inquiry into the issues raised by the miscarriage of justice suffered by Andrew Malkinson. Mr Malkinson deserves thorough answers as to how and why this miscarriage of justice took so long to uncover. An innocent man spent 17 years in prison for a crime he did not commit, while a rapist remained on the loose. It is essential that lessons from this case are learned in full.

The inquiry’s terms of reference reflect the Government’s commitment to protecting the interests of justice and ensuring that lessons are learnt from Andrew Malkinson’s case. I asked that the inquiry covers the period from the date of the initial offence, Mr Malkinson’s criminal conviction, and subsequent journey to appeal. Today I am publishing the terms of reference and announcing the chair: Her Honour Judge Sarah Munro KC. I am pleased to confirm that HHJ Munro KC has agreed the terms of reference, which Mr Malkinson was also consulted on.

I will place a copy of the terms of reference for the inquiry in the Libraries of both Houses.

The inquiry’s investigations will now be a matter for the chair. As the sponsoring Department, the Ministry of Justice will provide support and ensure that the inquiry has the resources it needs to deliver answers to Mr Malkinson.

[HCWS1094]

Prison Capacity

Alex Chalk Excerpts

Monday 16th October 2023 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Alex Chalk)]

With permission, I shall make a statement on the criminal justice system in England and Wales.

The first duty of any Government is to keep their people safe, and that is why those who pose a danger to society must be locked up. The Government are categorical that the worst offenders should be locked away for as long as it takes to protect the public. We have increased the sentences for offences including knife crime, causing death by dangerous driving—now a maximum of life imprisonment—and causing or allowing the death of a child. We have ended automatic halfway release for serious sexual and violent offenders, so they will serve two thirds of their sentence behind bars, and, in the most dangerous cases, all of their sentence behind bars. We are changing the law to make whole life sentences the default for the most heinous type of murder, so that for society’s most depraved killers, life means life and murderers end their days in prison.

Today, I can announce that we will be going further. We will legislate so that rapists, as well as those convicted of equivalent sexual offences, will serve the entirety of the custodial term handed down to them by the courts. A 15-year custodial term will mean 15 years behind bars.

There have been inaccurate reports in the media, claiming that judges have been told not to send rapists to prison. Let me be categorical: this is untrue. Sentencing is a matter for the judiciary acting impartially and in accordance with the law. It is a fact that under this Government the most serious and dangerous offenders are being locked away for longer. In the case of rapists, average sentences are nearly a third longer than in 2010. That is the right thing to do to keep the public safe.

To continue to put the worst offenders away for longer, we must use prisons better, and always so that there are sufficient spaces to lock up the most dangerous criminals. We must reform the justice system so that it keeps the worst of society behind bars, rehabilitates offenders who will be let out and presents the least serious, lowest risk offenders with a path away from a life of crime. That matters, because intelligent reform means less crime.

I have been candid from the moment I took on this role that our custodial estate is under pressure. Today, the prison population in England and Wales is greater than it has ever been—nearly double the level it was three decades ago. That is not principally because of the growth in the sentenced population: instead, it is the remand population, principally made up of unconvicted prisoners awaiting trial, which has surged in recent years, from 9,000 in 2019 to more than 15,000 in 2023. That is more than 6,000 more people in our prisons out of a total of some 88,000. That is because in the white heat of the pandemic we took the right and principled decision not to jettison hundreds of years of British history and abandon the jury trial system. We did that because the jury trial system is the bedrock of our freedoms. But covid restrictions inevitably meant that the flow of trials slowed and, in turn, the remand population grew. That growth was exacerbated by industrial action last year. In addition, the recall population is also significantly higher than in 2018, partly because we are rightly ensuring that offenders who do not comply with their licence conditions are returned to prison.

The Government have taken unprecedented steps to meet demand. We are building 20,000 modern rehabilitative prison places—the largest prison-building programme since the Victorian era. By doubling up cells where it is safe to do so, speeding up the deportation of foreign national offenders and delaying non-essential maintenance projects to bring cells back into use, we have freed up an extra 2,600 places since September last year alone. On top of that, we have continued to roll out hundreds of rapid deployment cells at prison sites. Altogether, we have been bringing on capacity at a rate of more than 100 places a week—the fastest rate in living memory, and possibly in 100 years.

We are going further. Today I can announce up to £400 million for more prison places, enough for more than 800 new cells. When we legislate to keep rapists behind bars for the whole of their custodial term, I will ensure that commencement is dependent on there being sufficient prison capacity. There is already an obligation to lay before both Houses of Parliament a report as to how I have discharged my general duty in relation to the courts. To ensure public confidence, a new annual statement of prison capacity will be laid before both Houses. It will include a clear statement of current prison capacity, future demand, the range of system costs that will be incurred under different scenarios and our forward pipeline of prison build. That will bring greater transparency to the plans and will set out the progress that is being made. I have also already commissioned urgent work, to conclude before the end of the year, to identify new sites for us to purchase. That is backed by a down payment of up to £30 million in funding to acquire land in 2024 and launch the planning process.

We must do whatever it takes to ensure that there are always enough prison places to lock up the most dangerous offenders to keep the British people safe, to ensure that criminals can be brought to justice, and to maintain safety and decency in the prison estate. We have decided to use the power in section 248 of the Criminal Justice Act 2003 to allow the Prison Service to move some less serious offenders out of prison on to licence up to 18 days before their automatic release date.

Let me be clear: this will not apply to anyone serving a life sentence, anyone serving an extended determinate sentence, anyone serving a sentence for an offence of particular concern, anyone convicted of a serious violence offence, anyone convicted of terrorism or anyone convicted of a sex offence, and this power will be used only for a limited period and only in targeted areas. Every offender will be placed under strict licence conditions that provide a step down from custody to living in the community. They may include the following: first, being made to wear an electronic tag when that is needed for the offender to be managed safely; secondly, a condition not to contact a named individual, directly or indirectly; thirdly, having to live at an address approved by the offender’s probation officer; fourthly, attending appointments; and fifthly, a condition not to enter certain areas such as particular postcodes. I should also make it clear that breach of those conditions could lead to offenders’ being recalled to custody for the entire second half of their sentences.

This will be overseen by the probation service—a probation service into which we have injected £155 million a year to recruit staff to bring down case loads and deliver better supervision of offenders in the community. In addition, HM Prison & Probation Service leadership will retain discretion to decide on further exemptions from release on advice of governors when concerns remain. Let me make it clear that this is a temporary operational measure to relieve immediate pressure contributed to by remand.

However, if we are to protect the public and reduce crime, we need to go further to use our prisons better. At the heart of the long-term plan for prison reform that I am announcing today is a simple mission: cut crime. To deliver that, we need to do three things. First, we need to ensure that the most dangerous offenders are locked up for longer, away from the public and unable to commit crime. Secondly, we need to ensure that prisons are geared to help offenders turn away from crime, to change their ways and to become contributing members of society. Thirdly, we need to ensure that more lower-level offenders get the tough community sentences that are shown by the evidence to cut reoffending and hence to cut crime.

Let me put that last point in another way: prisons should not ruin the redeemable. It is clear that all too often the circumstances that lead to an initial offence are exacerbated by a short stint in prison, with offenders losing their homes, breaking contact with key support networks and, crucially, meeting others inside prison who steer them in the wrong direction. When they are released just a short time later, they all too often reoffend, fuelled by addiction or mental health issues that cannot possibly be addressed effectively in such a short space of time. The fact is that more than 50% of people who leave prison after serving less than 12 months go on to commit further crimes. The figure is 58% for those who serve sentences of six months or less. However, the figure for those who are on suspended sentence orders with conditions is 22%.

Meanwhile, the cost of this is £47,000 per year per prisoner. The taxpayer should not be forking out for a system that risks further criminalising offenders and trapping them in a merry-go-round of short sentences, so the Government are determined to grasp the nettle and deliver a better approach. We will legislate for a presumption that custodial sentences of less than 12 months in prison will be suspended and offenders will be punished in the community instead, repaying their debt within communities, cleaning up our neighbourhoods and scrubbing graffiti off walls. We can do this more intelligently with modern solutions for a digital age.

I can announce today that we are doubling the number of GPS tags available to the courts, to ensure that offenders can be monitored, to track them to ensure that they are going to work, and also to ensure that their freedom is curtailed in the evenings and weekends, with robust curfews of up to 20 hours a day. We will make further use of new technologies such as alcohol monitoring tags. This will enable us to strengthen and expand successful step-down programmes such as home detention curfew, which we will keep under active review. If offenders breach the terms of their curfew or other requirement of their suspended custodial sentence, or commit another offence, they can be hauled back before the court and forced to serve that sentence in custody.

What we are not doing is getting rid of short sentences altogether. I know from my time as a prosecutor that that is sometimes the right and just option. Prolific offenders who are unable or unwilling to comply with community orders or other orders of the court must know that their actions have consequences, and they will continue to feel the full force of the justice system. Building on our antisocial behaviour action plan, the Home Secretary and I are looking at what more we can do to punish those so-called lower-level offenders who are a blight on our communities. For some offenders, the proper sanction is, I am afraid, the clang of the prison gate.



We will also remove foreign offenders who should not be in the United Kingdom taking up space in our prisons at vast expense to the taxpayer. There are over 10,000 foreign nationals in our prisons. It cannot be right that some of them are sat in prison when they could otherwise be removed from our country. That is why we will extend the early removal scheme so that we have the power to remove foreign criminals up to 18 months before they are due to be released—up from 12 months now—getting them out of the country early and no longer costing taxpayers a fortune.

To support that, more caseworkers will be deployed to speed up removals, and the Home Office will also look at measures to do more to remove foreign nationals accused of less serious crimes more quickly. We will continue to strike new prisoner transfer deals like the one agreed with Albania, ensuring that criminals from overseas serve their time at home rather than in Britain. We will bring forward legislation to enable prisoners to be held in prisons overseas—an approach taken by Belgium, Norway and Denmark in recent years.

More must be done to stop people spending long periods of time waiting in prison for their trial. As I have set out, there are now more than 15,000 defendants on remand in our prisons. Remand decisions are properly for independent judges, but we will consider whether to extend the discount to encourage people to plead guilty at the first opportunity, because when more offenders plead guilty, that saves time in the court and cuts the number of people in our prisons on remand, but most importantly it saves victims the ordeal of giving evidence in court. We will also be reviewing the use of recall for offenders on release who infringe the terms of their licence. It is right that ex-prisoners who commit new crimes or serious breaches while on licence should be returned to prison. We want to ensure that the system is working effectively to mitigate any risk posed by offenders while not having people in prison on recall longer than necessary.

We will take decisive action to address sentences of imprisonment for public protection. We put a stop to these discredited sentences a decade ago, but it is true that there remain about 3,000 IPP prisoners in custody despite their original tariff expiring years ago. IPPs are a stain on our justice system, so I am looking at options to curtail the licence period to restore greater proportionality to IPP sentences in line with recommendation 8 of the Justice Committee’s report, and I will come back to the House on that in due course. This will not compromise public safety. Those found by the Parole Board to pose a risk to the public will not be released.

As I have set out, we are taking decisive action to make our prisons work better in the long term. We are building more prison places than at any time since Disraeli was speaking from this Dispatch Box. We are rolling out hundreds of rapid deployment cells across the country to increase immediate capacity. We are going further and faster than ever before to remove foreign criminals from our prisons.

To govern is to choose. We choose to lock up the most dangerous criminals for longer to protect victims and their families. We choose to reform the justice system so that criminals who can otherwise be forced into taking the right path are not trapped in a cycle of criminality. That is the right long-term plan for our justice system, and I commend this statement to the House.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the shadow Secretary of State.

--- Later in debate ---

[Shabana Mahmood]

As the Secretary of State acknowledged, to govern is to choose. His Government have chosen to fail victims and to fail the public. and to offer too little, too late to turn our failing criminal justice system around.

[Alex Chalk]

What a very disappointing response. I was surprised to hear that newfound interest in locking up rapists. Lest we forget, this Government are prosecuting more alleged rapists, convicting a higher proportion and imposing longer sentences than Labour, and ensuring that a higher proportion of those sentences is being spent behind bars.

It is important to aim off a little bit when looking at what is said in the Chamber by Labour Members. The hon. Lady refers to foreign national offenders, but I remember very well that back in 2020 we wanted to ensure that a plane full of rapists and murderers could leave the country, yet a letter came to the Prime Minister, saying:

“Dear Prime Minister, We, the undersigned,”—

have—

“grave concern over Home Office plans to deport 50 people”.

It went on to say:

“The flight and all future charter flights must be suspended”.

Shall we see who was on that flight, Madam Deputy Speaker? There was a man who had thrust a bottle into his victim’s face, leaving him scarred for life, in what was described as a “horrifying attack”—that is grievous bodily harm. Another person, who had been imprisoned for attacking a 17-year-old girl twice and abducting her, and who had sex with a 15-year-old, then lied about it and “vandalised” her life, according to her mother, was called “devious, callous and manipulative” by the judge. The hon. Lady signed a letter asking that he should not be deported. We will take no lessons from the Labour party in being tough on criminals. [Interruption.] She seems still to justify signing that letter. Does she not regret that decision? I think she might want to think about it again.

The Conservative party will get foreign national offenders out of this country. We have brought on the largest prison building programme since the Victorian era: 100 cells per week. [Interruption.]

[Madam Deputy Speaker]

Order. When the hon. Member for Birmingham, Ladywood (Shabana Mahmood) was being interrupted, I stopped the interruption. I hope she will have the courtesy not to speak now from the Front Bench.

[Alex Chalk]

We will always take the steps that need to be taken to keep the British people safe.

In respect of community orders, the hon. Lady is right that it is important that they are robust and enforceable. That is why I was at pains to point out that we are doubling the number of tags—I suspect we will go much further and triple the number of tags. By the way, they are not the old radio frequency tags that were used when I was prosecuting. They are GPS tags that mean that judges and those appointed to the bench can ensure the monitoring of where that individual has gone, to make sure that they go to work and that their liberty is deprived at the weekend. That is the kind of robust penalty we support.

Our ability to ensure that people are under curfew for over 100 hours a week was in our legislation, which was opposed by—guess who?—the Labour party.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the Chair of the Justice Committee.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I commend the Lord Chancellor on his thoughtful, considered and serious statement that deserves a thoughtful and considered response, which it has not entirely had. Does he agree that it is right and proper that we are frank with the British public that prison is an extremely expensive way of dealing with people, and that it should be reserved for those who are a threat to us, not simply those with whom we are perhaps justifiably angry or irritated?

Does the Lord Chancellor agree that it is right to take on board some of the recommendations of the Justice Committee’s report in relation to IPP prisoners—those sentenced to imprisonment for public protection? I welcome what has been said about remand, which we know is also important. As well as reducing the qualifying licence period, can he help us a little more on what else he will do to take on board the recommendations about IPP prisoners in the report? What is the timeframe for moving swiftly towards reducing the remand population?

[Alex Chalk]

I thank my hon. Friend for his typically thoughtful and considered response. He is absolutely right that we have to make choices about what we do in respect of the custodial estate. We choose to ensure that the most dangerous people are locked away for longer, which is right, so that the punishment fits the crime and so that we protect the British people. This is not simply a political statement but a statement of evidence, and the evidence, not just in England and Wales but in the Netherlands and elsewhere, shows that short sentences are disproportionately associated with recidivism. Of course we should learn the lessons from that.

My hon. Friend rightly raises the issue of IPPs, which are a stain on the justice system. That point is made even by the person who came up with the idea. We will take steps, and I thank the Justice Committee for taking on this difficult issue and for coming up with some very sensible proposals. I will be announcing more, but the central point about licence length is critical. It seems to me that this 10-year licence length means that it is very hard for people on IPP to think they will ever be free.

[Rachael Maskell (York Central) (Lab/Co-op)]

I have a constituent who has been in prison for 18 years under IPP. He is due to be up for parole towards the end of the year. The Secretary of State says he will be bringing forward a review. How long will that take, and how will it impact on people awaiting the Parole Board?

[Alex Chalk]

First, I make it very clear to the hon. Lady and her constituent that we will not take steps that put the British people at risk. The Parole Board will have to make an assessment, in the normal way, on whether a person is safe to be released. If they are considered safe for release, the question is then about the duration of the licence period that remains. IPP effectively continues to hang over them. I am looking at that particular area at the moment, but I want to be clear that it is a sensitive area. We are trying to unwind a very ill-starred policy, but we have to do so in a way that ultimately keeps the British people safe.

[Sir Robert Buckland (South Swindon) (Con)]

I commend my right hon. and learned Friend for his statement. In so many ways, it echoes and builds on the work we did together in the Department.

I emphasise the importance of building a technologically sound, innovative and direct alternative to short-term prison sentences, which I think this statement presages. We need to get on with that work, because short-term sentences have to be a last resort, as they clearly do not help to cut crime. What more can my right hon. and learned Friend do to redouble efforts to ensure that the prison building programme that started when I was in office is delivered on time, and that we overcome some of the constant barriers of planning permission and other administrative obstacles?

[Alex Chalk]

l pay tribute to my right hon. and learned Friend. I talked about tough decisions being made in the white heat of the pandemic, and he is the one who said that we will not get rid of the jury system on our watch. My goodness, he was right to say that. It was a tough call, but it was manifestly the right one.

Lest we forget, Five Wells and Fosse Way have opened and HMP Millsike is currently under construction, going alongside Garth, Gartree, Grendon/Spring Hill and other prisons. My right hon. and learned Friend is right that there has been an issue with planning. I have said that, with an additional £30 million, we will identify further sites in 2024 and get the planning permission well in advance, because we cannot have a situation in which these critical building programmes are held up by the planning process. We are changing to a new approach, and we are putting on the afterburners to make sure those prisons get built.

[John McDonnell (Hayes and Harlington) (Lab)]

I declare an interest as an honorary life member of the Prison Officers Association.

In his statement, the Secretary of State celebrated the fact that the prison population has risen to 80,000. When I was elected in 1997, it was a scandal that we were at the 40,000 level. Part of the problem is the lack of crime prevention, but there is also a failure of rehabilitation. The statement mentioned probation, but there was no mention of prison staff. There is a desperate need for adequate prison staffing if we are to secure the rehabilitation of prisoners. What will be the staff-prisoner ratio in our prisons following these reforms?

[Alex Chalk]

I am grateful to the right hon. Gentleman for raising the issue of prison staff, as they are ultimately the most important factor, beyond the nature of the prison estate, in making the difference to whether prisoners are kept safe and rehabilitated. We are increasing the number of prison staff, and I think an additional 700 staff were recruited in the last period for which figures are available. The other important point is retention, and we are starting to see a positive trend in retention.

I also make the point that those prison officers who stuck by their duty during the pandemic and went into work when it was tough to do that—when their parents and friends would have been telling them not to do so—are the ones who ensured there was not a complete catastrophe in our prisons in terms of loss of life, and they should take enormous credit for that.

[Priti Patel (Witham) (Con)]

I completely agree with the Lord Chancellor’s last point about prison staff during the covid pandemic, and I am very grateful to him for pointing out that the approach to FNOs must continue. He will know that between 2019 and 2022, some 12,000 FNOs were deported, despite, as he so eloquently pointed out, opposition from Labour Members. They were writing letters personally to the Prime Minister and myself. What assurances will the Lord Chancellor give the public going forward—this is about the direction of travel on this issue—that they are protected, and that offenders who are out and released back into the community, with GPS tags, do not pose a threat to the public? He will recall that in 2008, when the Labour party was in government, similar policies were pursued and there were major issues, with hundreds reoffending and prisoners on the run despite being recalled to prison.

[Alex Chalk]

I thank my right hon. Friend; no one did more in government to ensure that serious foreign national offenders were on planes getting out of the country. She did an exceptional job and I pay tribute to her for that.

On public protection, the whole point of the suspended sentence order is that the magistrate will say to the individual, “The crime that you’ve committed crosses the custody threshold. I am going to impose a suspended sentence order, potentially with a curfew and unpaid work”—or whatever the other conditions are. That order is then a sword of Damocles hanging over the person. If they do not comply, they are brought back before the court and they serve that sentence in custody. The choice for that offender is very clear: do what they should and abide by the order of the court, or they will hear the clang of the prison gates.

[Richard Foord (Tiverton and Honiton) (LD)]

As Home Secretary, Lord David Blunkett introduced indeterminate imprisonment for public protection sentences. Lord Blunkett has since said that he regrets injustices caused by the awarding of those IPP sentences. In February this year, 372 of the 2,456 women serving sentences in prison were serving indeterminate sentences. How many women are still serving IPP sentences who have already served their full tariff?

[Alex Chalk]

The hon. Gentleman is right, and I remember when IPPs came in; they were created by the Criminal Justice Act 2003. I was a barrister at the time and I remember that under the legislation we were required effectively to apply for them and that judges were required to hand them down. There has been an understanding, in the intervening 20 years, that they have not operated as they should. They have created a sense of total despair, hopelessness and, most importantly of all, injustice.

How we deal with this issue is difficult in circumstances where the Parole Board has judged that people remain a danger to society. That is the issue. There is no easy solution where we say simply, “Let people out”, because we know in doing so that they could commit crimes and harm our fellow citizens. So we cannot do that, but what we will do is take every step, including providing additional psychological support so that individuals can prepare for parole hearings, and we will look at the issue of licences. We will not compromise on public safety, but we will do everything we can to scrub out the stain of those misguided sentences.

[Rob Butler (Aylesbury) (Con)]

The success of our prisons is not about having the highest possible number of prisoners in them; it is surely about prison rehabilitating offenders so that there are fewer victims of crime in the future. I strongly welcome the measures that the Lord Chancellor has announced today, especially on not putting people in prison who do not need to be in prison. Does he agree that we can cut crime substantially with much more effective use of technology, including the GPS tags that he mentioned, creating almost a virtual prison? That will be justice for the digital age under this party rather than for the Victorian era, which the Labour party seems to prefer.

[Alex Chalk]

My hon. Friend speaks clearly and persuasively, with the benefit of great experience as a magistrate. In my experience, magistrates courts overwhelmingly want to ensure, of course, that the punishment fits the crime, but they also want to ensure that the individual is taken away from the path of crime and ultimately rehabilitated. So of course my hon. Friend is right. Other countries have used technology very effectively. Where there are lessons to learn, we should learn them, but we will not compromise on ensuring that there is punishment. We can just deliver punishment with technology even more effectively.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

The Home Affairs Committee produced a report a while ago on the investigation and prosecution of rape and serious sexual assault, and we found that those cases were disproportionately affected by the backlog in the courts. Of course, few cases—less than 2%—are actually getting to the courts, and even those are taking too long, so with these reports that judges are now going to delay sentencing, what does the Lord Chancellor have to say to the victims of rape and serious sexual assault who wait far too long for justice? It seems like it is going to be an even longer wait.

[Alex Chalk]

The right hon. Lady is right when she says it is important to try to reduce the period of time that people are waiting. I absolutely get that point, but in the interests of balance, it is equally important to note the following. More people are being prosecuted for rape than in 2010, and a higher proportion are being convicted; the sentences are a third longer, and defendants are spending a higher proportion of those sentences in custody; we have introduced reforms that mean that complainants can pre-record their evidence; we have rolled out over 800 independent sexual violence advisers to support people; we have created the offences of coercive and controlling behaviour and have stood up a 24/7 rape support helpline. All that we do and more.

I can tell hon. Members that compared with when I was prosecuting this stuff, the difference in the experience and the rights of victims of sexual violence is night and day. As I say, complainants now have the right to make pre-recorded evidence; they can have court familiarisation visits; and they have the right to an ISVA, to seek a redetermination in the event that the CPS decides to reduce a charge, and to make a victim personal statement. We do all this because we care passionately about wanting to support victims of sexual offences, and we will continue to do so.

[John Redwood (Wokingham) (Con)]

I strongly welcome the proposal to deport more foreign criminals, and I also support the idea of finding something better than prison for non-violent offenders. Will that include, wherever possible, their need to have a job legally and to pay compensation to those against whom they have committed fraud, theft and other financial crimes?

--- Later in debate ---

[Alex Chalk]

My right hon. Friend makes two excellent points. It is worth reflecting on the fact that since 2019, we have deported around 15,000 foreign national offenders. A huge amount of work has taken place, and that will continue, albeit at an even greater pace.

The second point he makes is fundamental. Judges already have the power to impose a compensation order in the event that someone is convicted of a crime, but their ability to do so is determined by the funds that are available to that individual. How much better it is if the individual can go out and do an honest day’s work to generate more income, so that they can, in a small way, put right the crime they have committed and the damage they have done.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister very much for his statement and his comments. I am mindful that this is about England and Wales, but I have been contacted over the past few years by a number of people who have been victims of perpetrators of some of the most bestial crimes in the country. The Government and the Minister have replied to some of the questions I have asked and some of the comments I have made to his Department, but can he tell me today whether those victims will be elevated to a more prominent position, and whether looking after them will be given greater priority? Their feelings—how those crimes have hurt them—must be a priority for Government.

[Alex Chalk]

As is so often the case, the hon, Gentleman is absolutely right. We have to ensure that victims are not spectators in the criminal justice process, but participants in it. That is why we have rolled out the victims code, which contains 12 core entitlements to ensure that victims can be kept updated about the progress of the case and informed about special measures and how they give their evidence, as well as the right to court familiarisation visits, the right to make a victim impact statement and a right of review, as I have indicated. We have also ensured that victims’ funding has been quadrupled since 2010, we have doubled support for rape support centres, and so on. That is over and above creating the new offences to ensure that those victims can get justice. All this we do and more, and we do so because we want to put victims first.

[Alexander Stafford (Rother Valley) (Con)]

Rape, and child rape in particular, is an abhorrent crime. Ensuring that those perpetrators serve their full sentence in prison will clearly act as a deterrent and reassure the public, but what steps is my right hon. and learned Friend taking to ensure we have the prison places to lock up dangerous rapists and child rapists in particular, so that victims know that those perpetrators are always behind bars?

[Alex Chalk]

My hon. Friend is absolutely right. Those are some of the most appalling crimes, which shatter not just the lives of the victims, but potentially those of so many others, including the victims’ friends and families, and he is absolutely right that we need to make sure there is always sufficient custodial capacity for that to take place. That is why I am announcing today that we will roll out a programme to buy the very locations we need next year, with additional money, to ensure that, well in advance of the prison builds needing to come on line, we have the planning permission in place so that there is the pipeline of places to ensure that justice can be done.

[Grahame Morris (Easington) (Lab)]

To be fair to the Lord Chancellor, from the length of his answers there is no doubt he is against shorter sentences. [Laughter.]

My question is about overcrowded and understaffed prisons that make rehabilitation almost impossible. Many prisoners now leave jail more criminalised, more traumatised and, indeed, more dangerous than when they first arrived. While the measures outlined today may make a positive impact, the Government must go further. Will the Secretary of State commit to tackling the crisis in prison officer retention by starting with the Prison Officers Association’s key demand to reduce the pension age, which it insists has a massive effect on morale and, therefore, on the retention of prison officers?

[Alex Chalk]

I thank the hon. Gentleman. In fairness, that was quite a good joke; it was not bad—

[Sir Chris Bryant (Rhondda) (Lab)]

Too long! [Laughter.]

[Alex Chalk]

The hon. Gentleman made some fair points, and I will get back to him.

[Sir Julian Lewis (New Forest East) (Con)]

The Lord Chancellor is clearly well on top of this subject, so may I bowl him a couple of googlies? What safeguards will there be to prevent deported foreign criminals from coming back here if they are not imprisoned overseas? Will he be very careful before going down the road of plea bargaining, as in the States, whereby there is a perverse incentive for the innocent to plead guilty because of the huge disparity in the sentences they may receive?

[Alex Chalk]

To take the second point first, I am so pleased to hear my right hon. Friend say that. There are certain things that really are important in our jurisdiction: first, we do not do plea bargaining; secondly, we do not have political appointment of judges; and, thirdly, we have a jury system. These are incredibly important things. We do not talk about them enough in this Chamber, but they are immensely important to our basic freedom. I was delighted to hear that and, yes, he can be sure that we are not going down the road of plea bargaining.

On the point my right hon. Friend makes about ensuring people cannot come back, that is precisely the point. It is not just and it is not sensible to have people costing the taxpayer a huge amount of money in British prisons if, when they are out, they are never coming back anyway. That is central to our plan to ensure that, as we expand the ERS window, we put in place every necessary measure—in compliance or in consultation with our international counterparts—to ensure that once people are out, they are never coming back.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

The second largest prison in Europe is HMP Berwyn in north Wales. As of today, I understand that it houses 1,989 prisoners. Any solution to the well-documented problems of violence at HMP Berwyn since it opened six years ago is continuously undermined by the failure to retain staff because working conditions are so extreme. Will the Secretary of State recognise that warehousing offenders in gargantuan prisons creates chronic problems and is not fit for purpose?

[Alex Chalk]

I am very glad the right hon. Member has mentioned Berwyn. I went to Berwyn, and she is right that we always want to recruit more prison staff, but let us pause for a second just to note how fantastic some of the work is in that prison. I was there in the jobcentre—in effect, there is a jobcentre within the prison—and people were having Zoom interviews with their potential employers on the outside. That is one of the reasons why reoffending has dropped while we have been in government from 32% to 24%, and it is one of the reasons why crime is down overall. She mentions the 1,900 or so people, but let me say—lest we forget—that the Labour party promised, before it left office, that there would be three Titan prisons with 2,500 people in them. Did they happen? Did they heck.

[Hon. Members]

Ooh!

[Greg Smith (Buckingham) (Con)]

There was a great deal to be welcomed in my right hon. and learned Friend’s statement, but can I unpack the capacity question? When he is successful in deporting more foreign national offenders, that will free up capacity. When he is successful in the home detention curfews and better use of technology, that will free up prison capacity, leaving the spike as the covid backlog is caught up with creating a temporary problem in capacity. Therefore, would it not be better to meet it with the temporary provision of cells in the existing prison estate, rather than going the whole hog and devastating communities such as mine in Grendon Underwood and Edgcott by building mega-prisons?

[Alex Chalk]

May I first put it on the record that no one could be a more doughty defender of the interests of the people of Buckingham than my hon. Friend, who raises with me time and again the concerns of his constituents about Grendon Springhill? I will continue to have those important conversations with him, knowing fine well that his constituents’ interests are being vigorously advanced.

[Sir Chris Bryant (Rhondda) (Lab)]

The ministerial code says that all major announcements of Government policy should be made to the House first, yet half of what has been announced today was preluded by an op-ed written by the Secretary of State and in briefings to national newspapers over the weekend. That is a breach of the ministerial code, and when I asked Sir Laurie Magnus, the independent adviser on ministerial interests, whether he would investigate such breaches, he said, “Yes, in theory.” Would it not be a good idea, especially considering that the Secretary of State thinks that short and minor sanctions lead to recidivism, if there was a substantial sanction against Ministers who do that, and he reported himself to the independent adviser?

[Alex Chalk]

I am afraid that I do not accept that point.

[Kit Malthouse (North West Hampshire) (Con)]

May I say what a pleasure it was to hear the Lord Chancellor’s statement, which represents a big step forward for our criminal justice system? He and I have long shared the view that we do not lock up the violent for long enough and there are smarter ways of dealing with the non-violent. On that note, I applaud his expansion of the tagging programme. I have two questions. First, on GPS tags, does he intend to expand the acquisitive crime pilot? Currently, in 19 police force areas every burglar and robber released from prison is GPS tagged to reduce reoffending. Secondly, while we are not short of sobriety tags, which he will know I am extremely keen on, the problem is that judges are just not using them, so what steps will he take to expand judicial enthusiasm, given how much alcohol drives low-level crime?

[Alex Chalk]

My right hon. Friend did exceptionally important work in ensuring that the supply and roll-out of alcohol sobriety tags, and indeed other tags, proceeded at huge pace, and they make a significant difference. On his point about uptake, plainly sentences are a matter for the independent judiciary, but I do think that more can be done to ensure that judges and magistrates are aware of the sheer extent of the technology available, and the steps that can be taken to properly curtail people’s freedom in appropriate cases by way of punishment, and to ensure that they have the tags to steer people away from addiction. Ultimately, that can be the best way to ensure that people are properly rehabilitated and become contributing members of society once again.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The Secretary of State reminds me of the unfortunate astronaut who by mistake is still circling the moon somewhere, out of touch, when he only expected to be up there for three months. Those of us who have been down on planet Earth for the last 13 years know about the resources devoted to the Ministry of Justice, which has faced the worst cuts of any Department. Is he aware that we have been promised a royal commission on justice three times in the Queen’s Speech, which will now be the King’s Speech? Today’s statement was supposed to be an update on prison capacity. He has covered far more than that. Is he aware, for example, that joint enterprise is responsible for 1,000 young people who should not be in prison being in prison? Why can he not wake up and do something about them?

[Alex Chalk]

I know that the hon. Gentleman cares passionately about joint enterprise, but I must tell him this: joint enterprise is the legal doctrine that means that the getaway driver is culpable, or that the person who supplies the firearm in a murder is held properly accountable and found guilty. Those are important tools that the Court of Appeal considered carefully in the case of Jogee. Getting rid of joint enterprise would mean that a lot of people who have helped or encouraged the commission of offences get away—in some cases, with murder.

[Danny Kruger (Devizes) (Con)]

I declare an interest as the founder and chairman of a charity that works in prisons. I very much support today’s announcement of an expansion of prison capacity and tagging, both of which are necessary and right. I understand that the Lord Chancellor was inspired by Texas prisons. I visited some Texan jails and saw that they are doing two things right. The first is sentencing, with tough justice ensuring that people get the sentences that they deserve. The second thing that they are doing in Texas to reduce the jail population is getting rehabilitation right and, crucially, relying on civil society—outside organisations get access to prisoners before they are released and then support them afterwards. I think that the Government are getting it right on sentencing, but does the Lord Chancellor agree that we need to do more on rehabilitation, particularly by involving civil society?

[Alex Chalk]

My hon. Friend is completely correct. We in this Chamber all know that the context for offending—not an excuse, but the context—can be deep-seated problems of addiction, homelessness, relationship breakdown and so on. One thing I am pleased about is that the Department of Health and Social Care is investing over half a billion pounds, with more than 1,600 additional staff, to ensure that drug treatment is available to those who need it. For our part, we in the Ministry of Justice have launched a pilot of three intensive supervision courts in the Teesside and Liverpool Crown courts to ensure that those whose offending behaviour is driven by substance misuse can get the treatment they need to get them off drugs and off the driver of their offences.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

As my constituents have pointed out to me, there is a shoplifting epidemic under the Conservative Government. The police often do not deal with burglaries and other such crimes because of a lack of resources. Conviction rates for rape and sexual violence are at record lows. Now that our prisons are full, the Government propose to release prisoners early or try to ship them abroad. That is all because of a lack of foresight and action. Why are the Government so weak on law and order, and when were they first warned about a crisis and a lack of places in prisons?

[Alex Chalk]

There are more people in prison than ever before, which rather suggests the opposite of what the hon. Gentleman says. He also says that the conviction rate for rape is lower, but that is completely wrong—it is higher. Does he know who was Director of Public Prosecutions before? The Leader of the Opposition.

[Edward Timpson (Eddisbury) (Con)]

Despite resulting in lower reconviction rates, the use of community orders has halved in the last decade, so will today’s announcement start to reverse that trend? In trying to do so, will my right hon. and learned Friend consider increasing the use of pre-sentence reports and speeding up the roll-out of community sentence orders where we are trying to get people treated?

[Alex Chalk]

That is an excellent question. In appropriate cases, pre-sentence reports are vital because the probation service can provide the sentencing judge or magistrate with all the surrounding information about the offender so that they can impose a sentence that meets the seriousness of the case while also being rehabilitative and appropriate. That requires trained probation officers who are experts in their area. That is why we have invested £155 million in addition, each and every year, to ensure that the probation service has the resource it needs. I know from my time as a practitioner that the reports the probation service provides are essential to ensure that justice can be done.

[Charlotte Nichols (Warrington North) (Lab)]

The Times reports that

“Lord Justice Edis, the senior presiding judge for England and Wales, has ordered that sentencing of convicted criminals who are currently on bail should be delayed”

from today. According to that report, the order did not specifically exclude rape convictions, which judges have expressed alarm about, given the already abysmal conviction rates of well below 2%. What message does the Secretary of State think such an order sends to victims of sexual violence who are deciding whether they have enough faith in our broken justice system to come forward? When do the Government expect sentencing to restart?

[Alex Chalk]

It is incredibly important that no one from this Chamber deliberately or inadvertently gives the impression that rapists are not going to be sentenced. They are going to be sentenced; the sentences imposed will be, on average, a third longer than those imposed in 2010; and they will serve a higher proportion of those sentences in custody. We are prosecuting more people for rape than in 2010 and, as I say, they are being punished more severely, so let the message go out that people who offend against women—and it is overwhelmingly against women—and behave in such a barbaric way can expect not just to hear the clang of the prison gate, but to be reflecting on their actions for a very long time.

[James Daly (Bury North) (Con)]

Will my right hon. and learned Friend give the House a guarantee that judges or magistrates will retain the discretion to impose short-term custodial sentences in the interests of public justice and public protection? In the circumstances, does he foresee a change to the sentencing guidelines for the raft of offences covered by the 12-month sentencing threshold? Does he foresee that all such offences will now be sentenced according to the one test he has outlined?

[Alex Chalk]

My hon. Friend has been a practitioner in the courts, so he understands, as all practitioners do, that there are offenders who, I am afraid, show themselves unwilling to abide by the order of the court, or incapable of doing so, and even if the court is prepared to say, “There should be a suspended sentence in your case,” they will breach it. In those circumstances, magistrates and judges must have the power, in the final analysis, to send that person to immediate custody. We will always ensure that they have that power. That is important for the rule of law and to send the message that there will be consequences if a person flouts an order of the court.

[Justin Madders (Ellesmere Port and Neston) (Lab)]

I want to ask about licence conditions, and particularly those that prohibit the offender from contacting certain people or entering certain postcodes. It is obvious that such conditions are about protecting victims and their families. My concern is that the Lord Chancellor’s statement did not make it absolutely clear that breaching such conditions will lead to a return to custody. It is important for victims to hear that those kinds of transgressions will result in an immediate return to custody.

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[Alex Chalk]

I thank the hon. Gentleman for that helpful and appropriate query on behalf of his constituents. In any case, before an individual falls to be released under the sentence that has been applied—in other words, when they get to the end of the custodial element of their sentence—probation officers will sort out, in advance, the package of licence conditions, which could include, as the hon. Gentleman indicated, instructions not to contact someone directly or indirectly, a residence condition, or a condition on contact with probation officers and so on. The point is that if they breach those conditions, they are liable to be recalled and—here is the important point—not just for the period of that release but for the entire balance of their sentence. In other words, if somebody was sentenced to 18 months and fell to be released at the nine-month mark, but a week later they breached the probation conditions, they would fall to serve the entire balance of the sentence of nine months. That is important. Metaphorically speaking, that sword of Damocles is hanging over that offender to ensure that they stay in line and do not commit further offences.

[Nick Fletcher (Don Valley) (Con)]

I thank my right hon. and learned Friend for his statement. I believe in zero tolerance and long sentences for the most serious crimes, but I also believe in prevention rather than cure. With 96% of the prison population being men and many young boys destined to spend their lives in and out of prison, will the Lord Chancellor use his position in Cabinet to work with his colleagues on reducing the number of boys who are on that path? Will he also back my campaign for a Minister for men? We are letting boys and young men down and it simply is not fair on men or women, or on the taxpayer as a whole.

[Alex Chalk]

My hon. Friend is absolutely right that we want to ensure that all prisoners, and certainly young men, are steered away from crime. We now have a much better understanding, as a nation, of some of the drivers of some offending. That is why, under our watch, when prisoners come into jail there will be a neurodiversity assessment to explore their background. We could potentially discover a brain injury—the hon. Member for Rhondda (Sir Chris Bryant) has gone, but I know that he takes an interest in that subject. The whole approach we are now taking is to ensure that those who can be redeemed are redeemed, but that those who are frankly beyond redemption and are a threat to society are locked up, and locked up for longer. That is the right approach.

[Andy Slaughter (Hammersmith) (Lab)]

In a parallel Government universe, the Secretary of State’s proposals for directing short-term prisoners into community sentences might be an idea whose time had come, but it requires experienced probation staff in post, properly organised and challenging community work, and genuine rehabilitation initiatives. His Government’s evisceration of the justice system means that none of that is available, and he is doing it now only because of their mismanagement of the about-to-burst prison estate. Has he not been set up to fail?

[Alex Chalk]

No, that is wrong. The first part—that this is an idea whose time has come—is correct. I spoke about this when I was a Back Bencher in a speech at the Conservative party conference, of all places. I have come to this as a realisation for some time. What is encouraging is that the Government are putting enormous additional resource into the probation service, because I reckon that it is ultimately critical to the success of community orders; it does a phenomenal job. We are putting more resources in and recruiting more, and we will do everything we can to strengthen the system.

[Andy Carter (Warrington South) (Con)]

My right hon. and learned Friend knows that magistrates think carefully before they commit anybody to custody, because they know that once somebody is sent to prison for a short sentence, their life can spiral downwards very quickly: they can lose their home, their job and, often, their family. Does he agree that more robust community sentences are needed, particularly in relation to drug rehabilitation, which is the root cause of so much offending? Will he set out what steps he is taking to ensure that those on community sentences are suitably supervised?

[Alex Chalk]

My hon. Friend makes an excellent point. His observation that magistrates do all they can to avoid sending someone to custody and do so only when absolutely necessary was well made. The reason why this reform will be so important is that under a suspended sentence order, the magistrates are saying in effect to that individual, “You must engage in a sensible and productive way with drug rehabilitation. If you don’t, you will go to prison.” That provides the most powerful incentive for that individual to break the cycle of offending while not locking them up, which, as my hon. Friend indicated, would mean they could lose their universal credit, not get the mental health treatment they require and break the family relationships that can be so important to keeping people away from crime.

[Mary Kelly Foy (City of Durham) (Lab)]

Four years ago, the Secretary of State’s Department announced limits on short-term sentencing, which were then scrapped, and now they are back. That is four years wasted; years when Ministers sat on their hands, ignoring a crisis of their own making. Meanwhile, prison officers have had to deal with the consequences of health and safety concerns, overcrowding and violence, all undercut by low pay and poor terms and conditions. Will he apologise to prison officers—especially those in the City of Durham—and will he lower the retirement age?

[Alex Chalk]

Prison officers in the City of Durham and elsewhere do an exceptionally important job. That is why I was pleased to accept the recommendation of the independent pay review body to ensure that the pay uplift was fair and decent, and recognised the stunningly important work that they do. That is why we have rolled out £100 million in prison security to ensure that prison officers have body-worn video cameras and other security measures to keep them safe. We will always do everything we can—whether with recruitment, pay or helping to drive retention—to keep prison officers safe and our prisons well resourced with prison officers.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

My right hon. and learned Friend will be aware that I have been notified that HMP Wealstun in my constituency will get new cells. Will he write to me on when those will be completed by and what conversations he has had with the governor on being able to staff them to capacity? Many of the prison officers are constituents of mine.

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[Alex Chalk]

I thank my right hon. Friend for the care and attention he takes in respect of this matter. I will be delighted to write to him in the terms he suggests.

[Kate Osamor (Edmonton) (Lab/Co-op)]

Earlier this year, I secured a Westminster Hall debate on the criminalisation of ethnic minority and migrant women who are themselves victims of violence. Sadly, 57% of women in prison or under community supervision are victims of domestic violence—a shocking statistic. Will the Lord Chancellor commit to amending the Victims and Prisoners Bill to ensure statutory defences for those victims of domestic violence accused of offending, to prevent more unjust convictions?

[Alex Chalk]

I thank the hon. Lady for the care and attention she gives to this topic. It is worth reflecting that around 5% of the overall prison population are women, so it is overwhelmingly men who are in custody. On the point she raises, she will be aware that there are already defences available—duress, self-defence and so on—that can be invoked by individuals facing charges. We think that strikes the right balance, but I am of course happy to have a conversation with her about any representation she might wish to make.

[Vicky Ford (Chelmsford) (Con)]

A rapist should be prosecuted, they should be sentenced and they should serve that sentence, and I thank the Lord Chancellor for making that very clear today. In Chelmsford we have a small number of people who have been charged with antisocial behaviour, a low-level crime, and are waiting to go to the magistrates court, but they are causing havoc on our high streets as they reoffend. Can he assure us that those persistent offenders will still be judged? I know that, as an Essex MP, Madam Deputy Speaker, who was here earlier, will have wanted to know about the situation in our local prison at Chelmsford: there were 708 prisoners there last night, so only 15 empty spaces, but there are 27 cells that could be repaired. Could the Lord Chancellor possibly look into repairing those cells?

[Alex Chalk]

On that last point, we have put a great deal of funding into the maintenance of Chelmsford prison, but also HMP Liverpool and Birmingham in particular. On the first point my right hon. Friend raises, about recidivist offenders, it is precisely because we are concerned about people committing so-called low-level offending that we want to ensure that magistrates retain the power to send people to prison. If people show defiance and that they are incapable or unwilling to abide by the terms of the order of the court, there is a simple answer: they will go to prison and they will learn to reflect on their actions in custody.

[Karl Turner (Kingston upon Hull East) (Lab)]

I welcome some of what the Justice Secretary said in his statement, especially on the implementation of the recommendations of the Justice Committee on IPP sentences. They were always a terrible idea, in my view, and they have been used badly. However, it should not be a surprise to anybody that, after 13 years of deliberate and savage underfunding, the criminal justice system is on its knees and our prisons are full to bursting. If it is right that the senior presiding judge, Lord Justice Edis, is saying to sentencing judges, “Adjourn sentence,” is that his fault, or is it the Justice Secretary’s fault?

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[Alex Chalk]

The first part of the hon. Gentleman’s question, on IPPs, was absolutely right, and I am delighted to hear that he agrees. However, he is making a bad political point on the second matter, and it is not borne out by the arithmetic. In 2010 the total number of cases was around 48,000—he is shaking his head; we can argue about opinion, but this is fact. The position prior to the pandemic was around 40,000. The position we have at present is a function of that pandemic, and we are frank about that. That is why we are taking steps not just to increase the number of judges—we have recruited an additional 1,000—but putting up to £141 million into legal aid, something he should support. We will do everything we can to expand capacity in the system to ensure that we can deliver justice for all.

[Mr Robin Walker (Worcester) (Con)]

I welcome my right hon. and learned Friend’s statement and his focus on protecting the public. He mentioned that we are changing the law to make whole life sentences the default for the most heinous types of murder. He will be aware that one of the cases that led to that change in the law was the release by the parole board of the “monster of Worcester”, David McGreavy, a multiple child murderer. Unfortunately, last week, Worcester Crown court saw the sentencing of another monster of Worcester, Anthony Roberts, for a savage sexual assault on a 71-year-old woman. He had previously been sentenced to life for attempted murder of a 15-year-old girl. Will my right hon. and learned Friend meet me to hear the concerns of my constituents about this appalling case and about the case to be made for attempted murder, aggravated by sexual assault, to be treated alongside those heinous murders?

[Alex Chalk]

Of course I will—what an appalling case. I would be delighted to meet my hon. Friend. On the changes to whole life orders that we have introduced following the dreadful Sarah Everard case, where there was sexual violence followed by murder, it is in such cases that we insist, as a matter of fairness and basic natural justice, that someone who behaves in that way should expect to end their days in custody. That is what the British people think, and that is what we think too.

[Tahir Ali (Birmingham, Hall Green) (Lab)]

My constituents are increasingly victims of the scourge of dangerous and antisocial driving. They have contacted me demanding tougher penalties for those who cause death by dangerous driving. I welcome the Lord Chancellor’s statement that sentences have been increased for offences including death by dangerous driving to a maximum of life imprisonment. Will he confirm that prison capacity is not an obstacle to ensuring that dangerous drivers serve the prison time they deserve?

[Alex Chalk]

I am grateful to the hon. Gentleman for raising that point. Dangerous driving shatters lives and families, which is why we thought it was right, in recognition of the sheer harm that it causes, that the maximum sentence should go from 14 years to life. I make the point, gently, that we would have welcomed support from the Opposition, which unfortunately we did not get. Notwithstanding the point that he raised, it is important for independent judges to decide on the facts of the case. We welcome the fact that the Sentencing Council is in place to impose guidelines to ensure that judges have everything they need to ensure consistency but also condign punishment.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

I welcome the Lord Chancellor’s statement today, and I congratulate him on clearly being on top of a difficult brief, and on confirming today that those serious and violent criminals are being locked up for longer. Could he expand on the reoffending rates of those on short sentences versus community sentences? Does he believe that the general public—and victims, potentially—might support them, because those convicted are seen as doing good when they complete their community service in public?

[Alex Chalk]

I thank my right hon. Friend for getting absolutely to the heart of it. Those who are sentenced to short custodial sentences—under 12 months—statistically go on to reoffend 55% of the time. Yet for those who have suspended sentence orders with conditions—such as unpaid work or to address mental health issues or whatever—22% commit further offences. There is a massive reduction. We want to ensure that once people have served their sentences and atoned for the crime they have committed, they can go on to become law-abiding, contributing members of society.

[Clive Efford (Eltham) (Lab)]

Last man standing, Mr Deputy Speaker. No early release for me. The Secretary of State’s statement would be all the more impressive had it not come after 13 years of continuous Conservative Governments. They promised to create 20,000 extra places by the mid-2020s, but we have seen a net increase of 300. We have lost some places to dilapidation, and those that have replaced them amount to a net increase of only 300. Only a few weeks ago, we were told that the Government were implacably opposed to early release. I take it that he has dropped his idea of buying places in foreign prisons. The truth is that the management of the system has been completely chaotic for 13 years. When will we see the increase in prison places that the Government have been talking about?

[Alex Chalk]

The first thing to say is that our prison programme is the largest since the Victorian era—20,000 places. If I may say so, that stands in stark contrast to Labour. Jack Straw stood at this Dispatch Box and said, “We will build three titan prisons, each one of them 2,500”. Did it happen? No, it did not. This is the party that has put the money behind it. In fact, it was this Prime Minister, as Chancellor, who did that. We are rolling them out. By the way, I will make no apology for taking offline old and inadequate accommodation and replacing it with modern, secure, decent prisons. That is something the hon. Gentleman should welcome.

[Jackie Doyle-Price (Thurrock) (Con)]

My right hon. Friend will be well aware that people who have been through the care system are overrepresented in our prisons, as are people with neurodiverse conditions, as he has mentioned, and many existing victims of crime and abuse. It is a mark of a civilised society that when those people first touch the criminal justice system, we take the opportunity to support them to make them functioning members of society, not simply lock them up and throw away the key. We have heard all that across the Chamber, but that message does not survive the retail nature of our politics. Will he assure me that the Government will continue to walk the walk and talk the talk on those messages?

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[Alex Chalk]

More than many people in this place, my hon. Friend combines compassion with clarity of thought. She absolutely demonstrated that. It is incumbent on all of us to advocate for basic fairness and decency and what works, and I can think of no more powerful advocate than my hon. Friend.

[Lee Anderson (Ashfield) (Con)]

I welcome the Lord Chancellor’s statement that foreign criminals—who, by the way, cost the taxpayer an absolute fortune—will be taken out of their comfy cell, put on a plane and sent back to where they came from. What assurances can he give me that those planes will actually take off the tarmac and not be blocked by lefty lawyers, human rights campaigners and silly letters signed by that lot over there?

[Alex Chalk]

As always, my hon. Friend makes a robust point. It is not right that the British people, having suffered the crime in the first place, should then have to pay for the privilege of locking people up for longer at a cost of £47,000 a year. We will send them back. The only people who will try to block it—who will try to block rapists, murderers and grievous bodily harmers—will be the Labour party. And we know that because they have tried to do so already.

[Mr Deputy Speaker (Mr Nigel Evans)]

Last but not least, I call James Sunderland.

[James Sunderland (Bracknell) (Con)]

May I thank the Lord Chancellor for his pragmatic statement? I also thank the prisons Minister for his engagement over the weekend. I really welcome progress with IPP sentencing, on which I have a clear constituency interest, but what I really want to ask about is custodial sentences of less than 12 months being suspended. Is there a presumption that those needing to pay a debt to the community will do so in the very communities in which they offend?

[Alex Chalk]

What an excellent point to end on. It is critical that where a community is offended against, the offenders make that community whole—in other words, that they do the work, whether it is scrubbing graffiti, clearing wasteland or planting trees, in the community to try to atone for their guilt and to repair some of the damage they have done. I am delighted that, increasingly, police and crime commissioners are working together with local probation services to identify the stuff that needs doing in their community so that when defendants go straight, they also look after the community that they have wronged so badly in the first place.

[Mr Deputy Speaker (Mr Nigel Evans)]

I thank the Lord Chancellor for his statement and for answering questions for just a minute short of one hour and 20 minutes.

Before we move on to the next statement on transport, may I make an announcement? Wendy Morton is pulling the debate on knife crime this evening. We have another two statements to go, which could easily take us to 8.30 or 9 o’clock. I think she has sensibly made the decision that we should have that debate at another time, and I hope that that can be facilitated as soon as possible.

Justice

Alex Chalk Excerpts

Monday 11th September 2023 Ministerial Corrections

[Dr Allin-Khan]

People in Tooting are alarmed that someone could escape from what is supposed to be an extremely secure prison. A few months ago, I raised the issue of low staffing levels with the Justice Secretary because I had concerns after speaking to Battersea and Wandsworth trades union council. My parliamentary question revealed that, shockingly, only seven prison officers turned up for a night shift last December to cover 1,500 inmates. That is unworkable and unsafe. Staff are having to do double shifts, with officers facing violence and abuse and struggling with their mental health. That makes staff retention impossible. In those circumstances, mistakes will happen.

[Alex Chalk]

The hon. Lady began by expressing concern on behalf of her constituents. She was right to raise that. I invite her and her constituents to consider the remarks of the Metropolitan police that the prisoner is believed to be a low risk to the community. It is important to stress that in the House.

It is an overriding and overwhelming priority for me to increase staff numbers, and I am pleased that they are increasing. Of course, I want them to go up further, but it is positive to note that, since 30 June, there has been an increase of more than 700 full-time equivalent band 3 to band 5 staff—wing officers up to custody managers.

[Official Report, 7 September 2023, Vol. 737, c. 562.]

Letter of correction from the Lord Chancellor and Secretary of State for Justice, the right hon. and learned Member for Cheltenham (Alex Chalk):

Errors have been identified in my response to the hon. Member for Tooting (Dr Allin-Khan).

The correct information should have been:

[Alex Chalk]

It is an overriding and overwhelming priority for me to increase staff numbers, and I am pleased that they are increasing. Of course, I want them to go up further, but it is positive to note that, since 30 June 2022, there has been an increase of more than 700 full-time equivalent band 3 to band 5 staff—wing officers up to custodial managers.

HMPPS Update

Alex Chalk Excerpts

Thursday 7th September 2023 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Alex Chalk)]

Thank you, Madam Deputy Speaker. With your permission, I would like to make a statement on the escape from HMP Wandsworth yesterday morning, Wednesday 6 September, of a prisoner by the name of Daniel Abed Khalife.

Daniel Khalife was remanded in custody at HMP Wandsworth on 28 January this year, having been charged with offences alleged to have taken place in 2021 while he was serving in the armed forces. As you have already indicated, Madam Deputy Speaker, the House will understand that, while a live criminal investigation is in progress, there are limits on what I can properly say. Daniel Khalife will be caught in due course and will face a trial. Nothing should be said in this House or elsewhere that might prejudice those proceedings, so let me assist the House with what I can say.

At approximately 7.30 am yesterday, a vehicle that had made a delivery to the prison’s kitchen left HMP Wandsworth. Shortly afterwards, local contingency plans for an unaccounted prisoner were activated and, in line with standard procedure, the police were informed. The prison was put into a state of lockdown while staff attempted to determine Daniel Khalife’s whereabouts. The vehicle was stopped and searched by police after the alert was raised. Strapping was found underneath the vehicle, which appeared to indicate that Daniel Khalife may have held on to the underside of it in order to escape. The search is under way. His Majesty’s Prison and Probation Service is giving every assistance to the Metropolitan police’s operation to recapture Daniel Khalife and return him to custody. As has been made clear by the Metropolitan police, there is no reason to believe he poses a threat to the wider public.

Yesterday, when I was first briefed on this grave security breach, I spoke to the governor of HMP Wandsworth and senior HMPPS leaders to establish what was known about the escape and seek assurances about the immediate measures being taken to ensure the security of the prison. I made clear then, and I reiterate now, that no stone must be left unturned in getting to the bottom of what happened. Who was on duty that morning, and in what roles, ranging from the kitchen to the prison gate? What protocols were in place, and were they followed? Secondly, I have ordered an investigation into the categorisation decision by HMPPS: were all relevant matters taken into consideration in determining where in the custodial estate Daniel Khalife should be held? In both cases, I have asked for the preliminary findings to be with me by the end of this week. An assessment will then be made of what can properly be put into the public domain. I have also decided that there will need to be an additional independent investigation into this incident, which will take place in due course.

I now turn to the wider prisoner cohort held by HMPPS. In the light of these events, I have ordered two urgent reviews: first, into the placement and categorisation of everyone held in HMP Wandsworth and, secondly, into the location of all those in the custodial estate charged with terrorism offences.

Let me turn now to the issue of prison security. As the House will no doubt be aware, escapes from prison are extremely rare and the numbers have declined substantially in the last 10 to 15 years. This has been due in considerable part to sustained investment in improved physical and intelligence security. That includes investment of £100 million in the period since 2019 on measures, such as enhanced gate security with X-ray body scanners, which has driven up the finds of drugs, weapons and other contraband, including tools that could be used to aid an escape from prison. HMPPS has also enhanced intelligence and anti-corruption operations in prisons, working more closely than ever with partners, including the intelligence agencies. This has involved productive initiatives, such as setting up the joint counter-terrorism prisons and probation hub.

Daniel Khalife will be found, and he will be made to face justice. I commend this statement to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Secretary of State.

[Shabana Mahmood (Birmingham, Ladywood) (Lab)]

I thank the Justice Secretary for advance sight of his statement, and I reiterate our support for the police and all those who are involved in the search to recapture Daniel Khalife. I very much hope that that search will be brought to a swift and successful conclusion so that the rest of the legal process may take place.

This is an extremely serious matter, and it has highlighted catastrophic and multiple failures in respect of not just this case, but our wider criminal justice system. It simply beggars belief that a man being held on suspected terror charges was able to escape prison by clinging to the bottom of a food delivery van. The simplest question for the Justice Secretary today is: how on earth was that allowed to happen? How is such an escape even possible? Nothing that he has said to the House so far gets us remotely close to a full answer to that central question.

I know the Justice Secretary will say when he responds to me that it is early days, that he has ordered the relevant investigations and that they must have some time to conclude. But with respect, it gives me no confidence that the Justice Secretary has today arrived with a list of basic questions that, frankly, he should already know some of the answers to and be able to share with the House. I note with complete agreement both what he said and your direction, Madam Deputy Speaker, that nothing must be said either in the Chamber or anywhere else that may prejudice any future trial or indeed the live operation that is currently under way, but the circumstances and the facts of the escape itself are a separate matter that is of legitimate and urgent concern to this House and to the wider public. That is separate from the nature of any and all charges that will form the basis of future trials or other investigations. The Justice Secretary really does need to give much fuller answers to the House, rather than a list of his own questions.

On the circumstances of the escape itself, can the Justice Secretary at least tell the House when he responds how many staff were on duty at Wandsworth prison yesterday? Is he confident and can he tell us that all the relevant searches were done and, where there are failures, the number of protocols that he is concerned may have been breached? Will his investigations assess the quality of the training and the experience of prison staff at HMP Wandsworth, and will he be bringing in any additional expertise to assist with those matters while he is getting on top of the facts himself?

In respect of the categorisation of this particular prisoner, why was a suspected terror offender held at a category B jail while on remand, despite many other suspected and indeed convicted terrorists being held in the high security estate? Why was Daniel Khalife moved from Belmarsh to Wandsworth? Can the Justice Secretary at least tell us whether a risk assessment was undertaken before any such move took place? That is at least a yes or a no answer. Can he tell us how many similar suspects are in category B or indeed in HMP Wandsworth, and what is the timescale for such an assessment?

In relation to the two urgent reviews, may I say to the Justice Secretary that, with respect, it should be a relatively short exercise to get across the detail of the total number of the current prison population at Wandsworth? The fact that he has not come to the House with even that small amount of detail is unacceptable.

On the location of all those charged with terror offences, will the Secretary of State tell us the total number of individuals who are considered to be in that category as of today, across the whole prison estate? When will that urgent review of those numbers—I hope he can share the total number—take place? I accept that he cannot share any details, but does he know the number of individuals who might be of concern and may need to be moved to a different location, given yesterday’s events?

I note that the Secretary of State has ordered a fuller investigation, but can he say anything about the terms of reference for such an investigation? What timescale does he envisage for that longer, fuller investigation? On the matter of independence, can he provide some reassurance that he will ensure that it will not be a case of him, and others who are ultimately responsible for this failure, marking their own homework? What consideration has he given to the independence and identity of who might be carrying out that investigation for him?

The developments of the past 24 hours have shown us yet another example of the Conservative mismanagement that has meant they are unable to run vast swathes of the public realm, whether that is schools, threatening our children’s education and learning, or now with a terror suspect on the loose. Ultimately, one of the main functions of a Government is to keep their citizens safe, and on the Secretary of State’s watch, courts are in crisis, probation is in crisis, the Crown Prosecution Service is in crisis, and prisons are in crisis. When will he get a grip?

[Alex Chalk]

I begin by welcoming the hon. Lady to her place, and I will try to address the points she raises. I was pleased to hear her remarks about not wanting to prejudice a future trial, because we must keep in mind that escape is a criminal offence. She asks whether there will be inquiries into the staff on duty and the quality of training. Absolutely; that is precisely what I have asked to take place. She asks whether additional expertise is in place. Yes, that is already in place in Wandsworth at the moment, assisting with the investigation. As I indicated in my opening remarks, I want to know who was on duty in the kitchens and at the gate, what protocol was in place, and whether it was applied. If it was not applied, why not? Those are all questions I have asked, and she can be assured that they will be answered.

On timing, I have already indicated that I want to have the preliminary answers on my desk by the end of this week. I will then be able to make a decision, considering all relevant information, about what can be put into the public domain. However, we have to proceed carefully and on the basis of evidence. I say that because the hon. Lady raised a question that was factually incorrect. She asked why Daniel Khalife was “moved from Belmarsh”, but he was never in Belmarsh. With respect, it is important that we do not proceed on the basis of misinformation, and I hope I make that point clear. I absolutely understand the proper public interest and points that are being raised. That is fine, but if the hon. Lady needs to ask me any questions about matters of detail, she has my number and she can call.

On who is held on the category B estate, that is exactly what I have asked of the inquiry that has been set up. I mean no discourtesy, but I think the hon. Lady may have misunderstood what I was suggesting by means of an inquiry. This is not an inquiry into the number of prisoners in Wandsworth, which is a matter of public record; this is about whether the right people are in Wandsworth, and whether those Wandsworth prisoners should be there or elsewhere. That is what needs to be answered.

On the independence of the investigation, of course that is right, and that is precisely why I have ordered it. In summary, this is a grave incident—the hon. Lady is right about that, and plenty of the points she raises are perfectly legitimate and we will get answers as quickly as possible. But we need to proceed on the basis of evidence, coolly and calmly, so that when Daniel Khalife is caught, as he will be, he will be brought to justice and justice will be done.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Justice Committee.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I thank the Secretary of State for his statement, for his courtesy in giving me notice of it, and for the characteristic thoroughness and care with which he has approached this matter. He is clearly going into the detail in a careful and measured fashion, which is the right approach. I also congratulate the shadow Secretary of State and welcome her to her post.

First, the Secretary of State has accepted the need for an independent element, and the Justice Committee has more than once referred to the need to avoid the Prison Service marking its own homework. Will he bear in mind in that regard the work that has already been done by His Majesty’s chief inspectors of prison and probation in relation to Wandsworth and other prisons? They have real expertise, and I hope he will avail himself of it.

Secondly, in relation to his wider inquiry into the prison situation, when on the face of it there has been a significant improvement in gate security, the failure of gate security on this occasion is all the more alarming. It is a matter of record that there is an issue with staffing at Wandsworth and with retaining experienced staff across the Prison Service. We have a large number of comparatively inexperienced staff. Evidence submitted to the Justice Committee’s inquiry on the prison workforce demonstrates concern over levels of training in some establishments. Will the Secretary of State make sure that those points are fully taken on board as part of a serious review of prison workforce on the back of this?

[Alex Chalk]

My hon. Friend is right to draw attention to these matters. As I have indicated, the inquiry must take its course and the issue of staffing will no doubt be considered. Necessarily, we cannot go into a huge amount of detail, but what I can say is that in all prisons staff take on different roles. On the specific issue of staffing at the security end of the prison, the positions were staffed and the security posts were occupied. The question is whether protocols were applied, and indeed whether people did what was expected of them under those protocols. We need to get to the bottom of that urgently.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

[Richard Thomson (Gordon) (SNP)]

I thank the Secretary of State for advance sight of his statement. My party hopes Khalife will soon return to custody. Leaving aside the extraordinary manner of the details of the escape, some more immediate questions arise. Mr Khalife may have been believed to pose a low risk to members of the public, but he was clearly thought to present a considerable risk to his service colleagues and to national security. As such, it will strike people as extraordinary that he was being held under category B conditions, rather than category A, pending any trial.

What is more extraordinary is that prison inspectors reported concerns in January last year about the measures in place at Wandsworth to prevent escapes, after finding what they believed to be potential shortcomings in physical aspects of security locally on site. It was also alarming to hear the former head of security at Wandsworth, Ian Acheson, on the radio this morning saying that, on any given day, some 30% to 40% of frontline staff are unavailable for duty at the prison.

The Prison Officers Association has highlighted that some £900 million has been stripped out of prison budgets in England and Wales since 2010, which will leave more prisons than just Wandsworth overcrowded and under-resourced. The Prison Officers Association’s national chair has called this morning for an urgent review of how prisons across England and Wales are run. I appreciate that the Secretary of State has announced two separate strands of inquiry from the Dispatch Box, which I am sure will be welcomed, but will he expand the scope of his questioning to allow for that inquiry into how the Prison Service across England and Wales is run, in the light of the concerns that have been expressed?

[Alex Chalk]

May I deal with the hon. Gentleman’s second point first? Prison officers do an extremely important job, and I will of course listen carefully to what the Prison Officers Association has to say about this matter. I have already had a meeting—albeit predating this incident, as he might expect—and that productive and constructive relationship will continue.

Let me deal with the hon. Gentleman’s point about categorisation, because I am instinctively sympathetic to his point about why this prisoner was in the category B estate. That is precisely what I want to have some information about, but we have to proceed with caution. Although we are not going to look at the details of the specific offences, section 58 of the Terrorism Act 2000 is an either-way offence. There are other offences that are either-way. It is not the case, and never has been since the Terrorism Act was created 23 years ago, that everyone charged with a section 58 offence would be in the cat A estate. Were that to happen, it would turn the whole system of categorisation on its head. It is an offence I have prosecuted many times in the past. We need to ensure that we are looking at the detail of what he was charged with and the specific risk or otherwise that he may have presented.

[Mark Fletcher (Bolsover) (Con)]

I echo the comments of the Chair of the Justice Committee about the tone and thoroughness of the Lord Chancellor’s statement, and particularly his commitment to leaving no stone unturned. However, the presence of strapping on the underside of the vehicle would seem to indicate that some planning was involved. As well as the Lord Chancellor’s questions about protocols and staffing arrangements, is there any implication that the prisoner may have had some assistance with the escape?

[Alex Chalk]

I hope that my hon. Friend will not take it as a discourtesy when I say that nothing has occurred to him about lines of inquiry that has not occurred to me, my ministerial colleagues and members of HMPPS. All lines of inquiry are being considered, including all those that I am sure are occurring to hon. Members.

[Dr Rosena Allin-Khan (Tooting) (Lab)]

People in Tooting are alarmed that someone could escape from what is supposed to be an extremely secure prison. A few months ago, I raised the issue of low staffing levels with the Justice Secretary because I had concerns after speaking to Battersea and Wandsworth trades union council. My parliamentary question revealed that, shockingly, only seven prison officers turned up for a night shift last December to cover 1,500 inmates. That is unworkable and unsafe. Staff are having to do double shifts, with officers facing violence and abuse and struggling with their mental health. That makes staff retention impossible. In those circumstances, mistakes will happen.

Will the Secretary of State list the meetings that he has held with the prison leadership since I raised the alarm many months ago? Will he also tell us the average number of staff per shift at Wandsworth prison and the number of staff forced to take “payment plus” overtime shifts?

Sadly, this escape is not the only significant challenge that the prison has faced recently. In November, it was without water for six days. Prisoners could not wash and had to rely on bottled water. There is an endemic problem throughout our public services owing to 13 years of Tory mismanagement. School buildings are crumbling, our prisons are overstretched and falling apart and our NHS is under-resourced. When will the Government get a grip and sort it out?

[Alex Chalk]

The hon. Lady began by expressing concern on behalf of her constituents. She was right to raise that. I invite her and her constituents to consider the remarks of the Metropolitan police that the prisoner is believed to be a low risk to the community. It is important to stress that in the House.

It is an overriding and overwhelming priority for me to increase staff numbers, and I am pleased that they are increasing. Of course, I want them to go up further, but it is positive to note that, since 30 June, there has been an increase of more than 700 full-time equivalent band 3 to band 5 staff—wing officers up to custody managers. I accept that we have further to go. However, it is also encouraging that the resignation rate is coming down. I do not suggest for a second that the work is completed—it is not, and it is perfectly fair for the hon. Lady to raise those points—but we are moving in the right direction.

On the third point, the preliminary indications, subject to the investigations that I have ordered, are that the security posts were manned in Wandsworth at the time of the incident. We now need to know, given that they were manned, what went wrong.

[Scott Benton (Blackpool South) (Ind)]

I welcome the assurances that the Secretary of State has given about the investigations that will now follow. Can he update the House on what steps the Government are taking to increase security across the prison estate as part of the Department’s £4 billion investment in increasing the number of prison places?

[Alex Chalk]

It is worth stepping back and reflecting for a moment on the fact that the programme of infra- structure investment in prisons is second in Government only to HS2. A huge amount of investment is going into our prisons and I have seen what that can do. I have been to HMP Five Wells and HMP Fosse Way. Millsike is under construction. Those are modern, safe, secure, decent and rehabilitative prisons. On my hon. Friend’s specific point about security, as part of the overall scheme, we have put £100 million into enhanced gate security and X-ray scanners that can check for illegally concealed contraband. That is driving up seizures and driving down violence in prisons. Of course there is more to do, but that investment is yielding significant results.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I wonder whether the Secretary of State was surprised that Daniel Khalife was allowed to work in the kitchens, a role that I understand is for trusted inmates?

[Alex Chalk]

That is precisely a question that has occurred to me and that I want answered, by the end of the week I would hope and expect, but certainly in very short order.

[Sarah Olney (Richmond Park) (LD)]

This escape is incredibly serious and leaves many questions unanswered. It was reported by the Metropolitan police on social media yesterday that the escaped prisoner has links to Kingston. My constituents and those of my right hon. Friend the Member for Kingston and Surbiton (Ed Davey), naturally, will be very concerned. I appreciate that the Secretary of State will be limited in what he can say about the operation to apprehend the prisoner, but I would be grateful for any statement he can make to provide reassurance to my constituents and residents across south-west London.

[Alex Chalk]

I am grateful to the hon. Lady for raising those points on behalf of her constituents. We all have a duty, which she will uphold as well as anyone else, to ensure that people are not alarmed. I draw her attention and that of her constituents to the Metropolitan police’s remarks that the man should not be approached, but that he is considered to be low risk, and not a larger risk to the wider public.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I remind the Justice Secretary that this is a very serious incident. Any prison escape is serious, but we should put it in perspective. I remember when he was very young, and before I was shadow prisons and policing Minister, back in 1966, the notorious spy and traitor George Blake escaped from Wormwood Scrubs, in a startling and disgraceful lapse in security. He lived to his mid-90s and finished his days in Moscow.

In the present circumstances there should be a thorough inquiry, but all of us interested in the justice system know that prison overcrowding is a serious problem. The excellent men and women who work in our prisons are under tremendous stress. This is a serious incident. I hope the guy gets captured quickly and faces real justice, but can we please do something about the prison estate and the good people who man it?

[Alex Chalk]

I agree with all the hon. Gentleman’s remarks. Every prisons Minister and Secretary of State, whether Labour or Conservative, will say that prison officers do a wonderful job, and it is a hidden service. I believe that to my bootstraps, which is why I met the Unlocked Graduates in Leeds to thank them personally for what they do, and why we hosted a reception recently at No. 10. It is an incredibly important job that is beyond most of the people in this room, if I dare be so bold. It requires huge judgment, courage, integrity and decency. I pay tribute to them all.

[Fleur Anderson (Putney) (Lab)]

Along with other residents in south-west London, my constituents are concerned about this incident. I welcome the actions of the police, and I am sure the man will be swiftly detained. I visited Wandsworth Prison in June, and as I arrived, six members of staff were being taken to A&E because they had just been assaulted. The prison officers’ union has been raising staff shortages and inadequate training with me and others for a long time. I welcome the Secretary of State’s inquiries.

I welcome the fact that the points where the person absconded were staffed. However, I hope the Secretary of State will still look into the staffing shortages in Wandsworth and the inadequate training, which has been raised by prison officers, who I agree do a fantastic job in very difficult circumstances in Wandsworth, a very overcrowded prison.

[Alex Chalk]

I thank the hon. Lady for raising those points. She is right about staffing; we need to drive it up. As I indicated, we have done things that make a meaningful difference—I was down at HMP Isis speaking to a band 3 officer about precisely that—such as rolling out body-worn video across the estate. That is an incredibly important tool to dial down potentially volatile situations and, if they are not dialled down, to capture the evidence to ensure that justice is done. That is making an enormous difference to bringing down violence. It is also having an impact on recruitment and retention—the resignation rate is going down, and the numbers we are recruiting are going up. The point that she makes in principle is fair, but equally, in that spirit of fairness, it is important to note that there are some very positive trends that we will build on and develop further.

[Andrew Gwynne (Denton and Reddish) (Lab)]

I thank the Lord Chancellor for his statement and his update to the House this morning. He may well have seen the media speculation that Khalife was missing for around an hour before prison staff noticed. Is that correct? If it is, what reassurances can he give that procedures will be tightened up, not just in this particular prison but across the estate?

[Alex Chalk]

That is one of the very issues that is being looked into urgently.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State very much for his response, which we all welcome. It is obvious that he takes this issue very seriously. I understand the tremendous pressure our Prison Service is under. However, can he confirm that the decision to hold this man in a low-security prison, after previous escapes from another prison, is not to do with space or pressure, but rather based an assessment that has turned out to be severely flawed? A review of the procedure used is needed urgently. May I also ask the Minister if the findings of the inquiry that will take place can be shared with other Administrations, for instance the Northern Ireland Assembly and the policing and justice Minister?

[Alex Chalk]

The hon. Gentleman asks a really probing question and makes an important point, if I may say so. The decision about where he was held was based on an assessment of the circumstances relating to that individual and the alleged offending, not about whether there was space in the category A estate. There was space to put him there, if that had been the right assessment. What we have to get to the bottom of is this: was that exercise properly conducted? That is one of the reviews. To his second point, about whether the findings can be shared, my strong instinct would be that whatever can be shared, should be, so that across the United Kingdom of Great Britain and Northern Ireland any learning can be absorbed as broadly as possible.

Domestic Homicide Sentencing Review by Clare Wade KC: Government Response

Alex Chalk Excerpts

Thursday 20th July 2023 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Alex Chalk)]

I am pleased to publish today the Government’s full response to the recommendations made by Clare Wade KC in the independent Domestic Homicide Sentencing Review. This builds on the interim response that was made alongside publication of the review in March this year and involves important legislative changes to the sentencing framework in England and Wales.

Murder is the most serious crime a person can commit, and we must ensure that in every case the sentence is commensurate with the severity of the crime. Everyone should feel safe in their own home and our sentencing framework must reflect the seriousness of violence and abuse which is committed by those closest to them.

Around a quarter of all homicides in England and Wales are classed as domestic; that is, they are committed by the partner, ex-partner or relative of the victim. Over the last 10 years, this represents an average of nearly 160 homicides per year, with almost 90 of these being committed by a partner or ex-partner.

In 2021, Clare Wade KC was commissioned to review sentencing in domestic homicide cases to establish whether current law and sentencing guidelines are fit for purpose and to identify options for reform. This followed concerns raised by a number of stakeholders including the Domestic Abuse Commissioner and the Victims Commissioner, and also by the parents of two young women, Poppy Devey Waterhouse and Ellie Gould, who were tragically murdered by their ex-boyfriends in 2018 and 2019 respectively.

The majority of domestic homicides are committed by men against women. Indeed, over 90% of the murder cases in our Initial Case Review were committed by men against their female partner or ex-partner. The review has found that in many of these cases the victim has been subjected to years of abuse before their death. The review has also found that many domestic homicides committed by men against women involve the use of excessive and gratuitous violence, referred to as “overkill”, and that these cases often take place at the end of a relationship, when the perpetrator perceives that they can no longer control the victim and effectively decides, “If I can’t have you then nobody can.” Where female perpetrators commit domestic homicide, it is often, though not exclusively, the case that they have been the victims of abuse and have killed their abuser.

The legislation that sets out our sentencing framework for murder is contained in schedule 21 to the Sentencing Act 2020. It was first introduced in the Criminal Justice Act 2003 some 20 years ago and, although aggravating and mitigating factors can be applied at the discretion of judges, it does not include any specific consideration of the seriousness of domestic homicides and the abuse that often precedes these cases.

Over the last 20 years, our societal and legal understanding of domestic abuse has evolved. This Government created the criminal offence of controlling or coercive behaviour in the Serious Crime Act 2015, and introduced the landmark Domestic Abuse Act 2021, which introduced a legal definition of domestic abuse for the first time, and the new criminal offence of non-fatal strangulation. We are also delivering on our rape review action plan, the tackling violence against women and girls strategy and the tackling domestic abuse strategy, and more than quadrupling funding for victim and witness support services by 2024-25, up from £41 million in 2009-10. Together, these transformative cross-Government programmes work to prevent abuse, support victims and pursue perpetrators, as well as to strengthen the system’s response to violence against women and girls.

The review has found that our sentencing framework for homicide does not yet fully reflect this increased seriousness that society now recognises in domestic cases, and that it does not adequately account for the extent of culpability arising from whether a perpetrator of homicide was also a perpetrator or victim of abuse before the killing.

This will change. Our response to the recommendations made in the review will mean that for the first time, the seriousness of domestic murders and the particular harms that arise in these cases will be recognised in our sentencing framework. The perpetrators in these cases must, and will, serve sentences that truly reflect the severity of these crimes.

We will introduce legislation to give domestic murders specialist consideration in the sentencing framework

Cases of domestic murder are rarely isolated incidents. They are often the culmination of years of abuse and in the majority of cases this abuse has been committed by the perpetrator of the murder, usually a man, against the victim, usually a woman. As announced in the interim response, for cases where an abusive partner or family member has killed their victim, the seriousness of the preceding controlling or coercive behaviour will now be recognised in statute as a statutory aggravating factor to murder. Practically, this will mean that judges must consider increasing the minimum custodial term for perpetrators who have exhibited this behaviour.

A minority of domestic murders, however, involve a victim of abuse who has snapped and killed their abuser. In most of these cases, the perpetrator of the killing and the victim of the abuse is a woman. The review recommends that, though murder is always wrong, a history of coercive or controlling behaviour by the victim of a murder against the perpetrator should be added to the statutory mitigating factors for murder. This means that a judge must consider decreasing a perpetrator’s minimum custodial term where they have been a victim of this behaviour.

I can announce today that we will introduce legislation to make this change as soon as possible, along with the statutory aggravating factor. This will ensure that the experience of abuse which precedes a murder and the impact this has on the perpetrator’s culpability will now be recognised in statute.

In addition to a history of controlling or coercive behaviour, the review identified other harms which are particularly prevalent in domestic murders and recommended that the seriousness of these should be recognised in statute. As announced in the interim response, “overkill” will be made a statutory aggravating factor to murder, recognising the intense distress this causes the families of victims, knowing that the body of their loved one was violated in such a way.

I can announce today that we will also be accepting the recommendation in the review to introduce another statutory aggravating factor to murder for cases where the killing takes place at the end of a relationship, or when the victim has expressed a desire to leave the relationship. Killing in this context is the final controlling act of an abusive partner, and the seriousness of this will now be recognised in statute, leading to increased sentences for these perpetrators.

We will propose that the Sentencing Council update its guidelines in light of both the review and the Government’s response to its recommendations.

The review makes a number of recommendations which relate to the offence of manslaughter and the sentencing guidelines. These recommendations fall under the remit of the independent Sentencing Council for England and Wales rather than the Government.

Today, I have written to the chair of the Sentencing Council to propose that sentencing guidelines are revised in light of the review and the Government response to its recommendations. The council has a statutory obligation to consider this request and has already resolved to set up a working group to consider the review and response in the round.

We will commission a review of the use of defences to murder in cases involving domestic abuse

We asked Clare Wade KC to consider the use of defences to murder by domestic abuse victims who kill their abuser. She was unable to conduct a full or detailed review of this, due to insufficient resource, resulting in her recommendation that a full and comprehensive review of the defences to murder be carried out.

The Government partially accept this recommendation as we believe that the use of, or obstacles to the use of, defences to murder in domestic abuse cases should be examined. However, we do not consider it necessary to extend a review to all possible defences to murder, as this would need to consider defences which have no real bearing on domestic homicide, which would add to the complexity and length of any review. The Government will be inviting the Law Commission to undertake this review.

Training and data

As well as these important changes to our sentencing framework, the review recognises the important role that improvements in training and the collection of data have in responding to domestic homicides.

In June, the Home Office launched the beta version of its new central library for all domestic homicide reviews. This will enable far greater analysis of patterns, trends and risk factors for domestic homicide and ensure that this data is accessible to the public. Ultimately, this will help to improve society’s understanding of the triggers and causes of domestic homicide and the ways that these horrible crimes can be prevented.

In terms of training, in April the Crown Prosecution Service published updated prosecution guidance on stalking and for cases involving controlling or coercive behaviour. It is also continuing to develop and roll out additional training on domestic abuse, controlling or coercive behaviour, stalking and the impact of trauma on victims, ensuring that this reflects our most up to date understanding of this behaviour.

We will launch a public consultation on further reform

In the interim announcement in March, the Government committed that in addition to responding to the review’s recommendations, we would seek views via a public consultation on whether there should be a starting point of 25 years for cases of murder where the perpetrator has controlled or coerced the victim before killing them. This was to ensure that all options for reform have been considered. It is for the same reason that I am announcing today that this consultation will be expanded to explore the sentencing starting point for murders committed with a knife or other weapon which was already at the scene. This is in recognition of concerns that have been raised regarding the difference between the 25-year starting point for murders involving the use of a weapon which has been taken to the scene with intent, and the baseline starting point of 15 years for murder which would apply if a knife or other weapon used was already at the scene. Of course, this is particularly relevant to domestic homicides given weapons are often picked up at the scene, for example a knife that the perpetrator knew would be in the kitchen, meaning that they did not have to plan to bring a weapon with them.

I am very grateful to Clare Wade KC for her work on this review. I would also like to pay tribute to Carole Gould and Julie Devey, whom I met recently and whose tireless campaigning after the tragic murder of their daughters, Ellie Gould and Poppy Devey Waterhouse, was instrumental in bringing about this review.

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Prison Staff and Judiciary Pay Awards

Alex Chalk Excerpts

Thursday 13th July 2023 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Alex Chalk)]

I am today confirming the Government decision on pay awards for both prison staff and the judiciary.

Prison staff pay award 2023-24

Having carefully considered the Prison Service Pay Review Body’s (PSPRB) recommendations on the 2023-24 pay award, we are accepting in full the 13 recommendations made by the PSPRB for all staff within their remit for implementation in this financial year. The pay award will also apply to some non-remit group staff within the Prison Service grading structure. Nearly 39,000 staff will benefit from the pay award, based on internal estimates.

I am grateful for the continued hard work and dedication of all Prison Service staff, who play a vital role in helping to rehabilitate prisoners and keep the public safe.

The award delivers headline pay increases of:

7% for prison officer grades (bands 3 to 5)

5% for managerial and prison governor grades (bands 7 to 12)

£2,000 for our lowest paid staff, band 2 operational support grades.

This pay award will be paid this autumn and will be backdated to 1 April 2023.

Accepting all recommendations from the PSPRB in full reflects my commitment to supporting the recruitment and retention of prison staff and recognises the essential contribution they make every day. In recognition of the significant cost-of-living pressures on staff, this pay award especially targets the lowest grades.

The pay award this year has been made affordable by reprioritising spending within the existing budgets, including at the efficiency and savings review, with consideration of the inflationary pressures across the Department’s budget, the wider economic position, and alongside the additional cost of the pay award in 2022-23. It is affordable in the context of the Department’s spending review settlement, which provided an extra £3.2 billion across this Parliament, taking total funding to £11.5 billion in 2024-25. This award is consistent with the Government’s priority to halve inflation and recognises the primacy of investing in people.

I would like to thank the PSPRB for its valuable advice and response to the Government’s evidence.

The report has been laid before Parliament today, 13 July 2023. I am grateful to the chair and members of the review body for their report.

Judicial pay award 2023-24

The Government received the Senior Salaries Review Body’s (SSRB) report on 8 June 2023. This will be presented to Parliament and published on gov.uk.

The Government value the independent expertise and insight of the SSRB and have considered the advice in the report.

The recommendation made by the SSRB for the judiciary is for a pay award of 7% for all judicial office holders within the remit group for 2023-24. I have decided to accept this recommendation, which will be applied equally to all salary groups backdated to April 2023.

This award is over double that of last year and will apply to 1,922 salaried judicial office holders. The award will help address judicial recruitment shortfalls, and I have considered affordability and the Government priority to halve inflation alongside the need for ongoing investment into improving the wider criminal justice system.

This increase demonstrates the value the Government place on our independent judiciary and their crucial role as we continue to deliver court reform and tackle the outstanding caseload.

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