Home Office and Ministry of Justice

Ashley Fox Excerpts

Monday 29th June 2026 Commons Chamber

[Andy Slaughter (Hammersmith and Chiswick) (Lab)]

I thank the Backbench Business Committee for granting time for this important debate. The debate follows a joint application by the Chairs of the Justice, Public Accounts and Home Affairs Committees. There is cross-Committee concern for our criminal justice system, as the Chair of the Public Accounts Committee, the hon. Member for North Cotswolds (Sir Geoffrey Clifton-Brown), has just said. I thank my fellow Chairs for their focus on the issue in its widest sense.

As Chair of the Justice Committee, I will focus my remarks on the estimates for the Ministry of Justice. A year ago, the Justice Committee was granted a similar debate on the spending of the Ministry of Justice. I noted at that point the positive settlement that the MOJ had received as part of the spending review, including a £7 billion investment aimed at delivering 14,000 new prison places by 2031 and £700 million a year for the Probation Service by 2028-29, in the light of the Sentencing Act 2026 reforms. Although I welcome many of the actions that the Government have taken over the past year to reform our criminal justice system, there is still a great deal of progress to be made, as those targets indicate.

The Ministry of Justice suffered years of budget cuts during the years of Tory austerity, meaning that when this Government were elected in 2024, MOJ expenditure was 11% less in real terms than it was in 2010. The main estimates for 2026-27 confirm that the MOJ’s day-to-day spending is set to increase by £757 million, or 6.5%, which includes further investment in the Prison and Probation Service, the Courts and Tribunals Service and the Legal Aid Agency. I will come to each of those areas in turn shortly. The MOJ’s capital spending is also set to increase by almost £60 million, or 2.6%. I note that the MOJ anticipates drawing down further funding at the supplementary estimates to support its prison capacity programme, and that must be right.

This year’s main estimates allocate over half its day-to-day spending to the Prison and Probation Service. This is aimed at investment in staffing, opening of additional prison places and paying for prison contract costs. The prison population stands at over 87,000 and it is predicted to increase, with the most recent set of projections forecasting 91,400 by September 2026, and between 97,400 and 102,100 by September 2029. These are the highest numbers we will ever have seen in UK prisons.

Already, 25% of prisoners live in overcrowded conditions. As we have heard, overcrowding reduces safety, increases the likelihood of self-harm and violence, and impairs the rehabilitative programme that prisons are able to offer. The Justice Committee has focused much of its work over the past year on the endemic drugs crisis in our prisons and the poor rehabilitative offer available for prisoners.

The Government’s continued investment in creating new prison places is necessary, but alongside the provisions of the Sentencing Act, some of which have now come into force, I hope that we can begin to see a stabilisation and eventual reduction of the prison population and an improvement in conditions there. I note that deaths in prison custody decreased by 12% from the previous 12 months up to March this year, but any non-natural death in prison is a tragedy. I direct Members to our reports on drugs in prisons and rehabilitation in prisons, which have been tagged on the Order Paper as relevant documents for this debate.

As I mentioned earlier, by 2028-29, the Probation Service will receive an additional £700 million per year to support reforms resulting from the Sentencing Act, including a significant increase in the use of electronic monitoring or tagging. That investment is a substantial and welcome increase for a service that has been under strain for many years. I have raised repeatedly my concerns about the performance of Serco in its provision of the tagging service, and the Justice Committee will closely monitor Serco’s performance moving forward.

I commend the work of the Public Accounts Committee in looking at the probation service and the report it published in February this year. The PAC report stated that the vacancy rate for probation officers increased from 14% in 2021 to 21% in 2025, with probation officers working above capacity for several years. The system has been running hot for an unsustainable period, which impacts on the hard-working probation staff. That cannot be underplayed and I hope to see improvements in this area soon.

The additional funding for the Courts and Tribunals Service is driven by pay increases and an increase in the uncapped sitting days in the Crown courts, which are necessary to recruit and retain staff and to address the backlog. The Crown court backlog continues to sit at around 80,000 cases. The uncapping of sitting days for 2026-27 is a welcome step and has already had a positive impact, but it is widely recognised that it is not enough on its own.

It is against that backdrop of an ever-increasing backlog that the Government introduced the Courts and Tribunals Bill earlier this year. Among other measures, the Bill would shift more cases to the magistrates courts and reduce the use of jury trials. The Justice Committee recently published an extensive report on the Bill, in which we warned that capacity in magistrates courts is unlikely to expand quickly enough to meet this increased level of demand. Our report highlighted the long-standing reductions in the number of magistrates and legal advisers, and described the recruitment target of having 21,000 magistrates in place by 2029 as unrealistic.

The Courts and Tribunals Bill has been carried over to this Session, but a date for its consideration on Report has not yet been set. I would encourage the incoming Prime Minister—whosoever that may be—to consider carefully the Committee’s critique of the Bill, but also to be conscious that reform is desperately needed and cannot simply be kicked down the road to avoid difficult decisions.

[Sir Ashley Fox (Bridgwater) (Con)]

I am grateful to the Chair of the Justice Committee for giving way. What contribution to reducing the Crown court backlog does he believe curtailing the right to jury trials will make?

[Andy Slaughter]

First, one has to look at the Leveson package—the two volumes that Sir Brian Leveson has put together over 1,000 pages. That has 180 recommendations, a very small number of which deal with this issue. It is undeniable that it will be one factor that has an effect. Where I agree with the hon. Gentleman is that it is very difficult to calculate at this stage what effect it will have.

The changes to jury trials—not the abolition of jury trials—are moving the line so that some more cases will be dealt with at a summary level. As I think the hon. Gentleman knows, I prefer to look at the practical problems there may be in replacing some jury trials, with the additional pressures on the magistrates court. As a matter of principle, we can differ; as a matter of practice, I suspect he would agree with me. I ask him to agree with me that there will be some benefit, but I agree that it has not been calculated as yet.

Let me pick up what I was saying. A malfunctioning courts system is bad for victims, bad for defendants and bad for faith in our justice system, which has ramifications for our democracy.

I will conclude by touching on the Legal Aid Agency, which affects civil and criminal legal aid. Legal Aid Agency spending will rise by 10% year on year. That is driven by Government reforms that will result in higher billing in civil representation schemes, fee uplifts in crime lower schemes and additional operating costs. As I said last year, I was surprised to see that the spending review did not include a specific funding allocation for the Legal Aid Agency, with the only reference to it being in the context of potential efficiency savings that the MOJ will make in the review period.

Continuing investment in legal aid is essential to the proper functioning of the criminal justice system and efforts to tackle the Crown court backlog. Access to justice for those who rely on legal aid is reliant on a well-funded and properly functioning Legal Aid Agency, and we are all aware of the difficulties it has had over the past year. The Justice Committee will soon publish a report focused on legal aid as part of a wider access to justice inquiry.

Let me emphasise how important it is that we have a properly functioning criminal justice system if the public are to continue to have faith in our institutions and political system. I implore the incoming Administration not to lose the focus on reforming the criminal justice system. The current system is not fit for purpose, and we cannot afford not to act.

[Sir Ashley Fox (Bridgwater) (Con)]

The Crown court backlog is the most significant challenge facing the Ministry of Justice. Long delays in cases reaching trial undermine confidence in the whole justice system. I welcome the extra money that the Government have made available to increase the number of sitting days of the Crown court. I also welcome the additional funding to improve the physical condition of our courts and to invest in improved IT systems to make our courts run more efficiently.

While the Government are right to take those steps, I am concerned that they are wasting time, effort and money in curtailing the rights of British citizens to a jury trial. This reform has been presented as a necessary step to improve the efficiency of the courts. However, evidence suggests the contrary. The Government are aware of analysis by criminal justice researchers that indicates that the entire package of Government reforms will save no more than 8% of Crown court time. More striking still, the introduction of judge-only trials is likely to deliver a saving of just 1.5% to 2.5%. That is a marginal efficiency gain compared with the curtailing of our citizens’ rights to a jury trial, and it does not take into account the potential wasted time in determining whether a trial is to be held in a magistrates court or the new Crown court bench division.

I have previously asked the Lord Chancellor to set out the evidence to show how much of the backlog will be cut by his reduction of jury trials, but I have not received a meaningful reply, so I must conclude that he is either unwilling or unable to provide a response. The Labour party has proven of late that it is willing to dispense with the unpopular and the ineffectual, so I hope it will take the same approach to unpopular and ineffectual policy as it does to personnel. I hope that the right hon. Member for Makerfield (Andy Burnham) and his new Lord Chancellor will drop this dreadful policy.

If the Government are serious about reducing delays, perhaps their focus should be on addressing why workers in the Ministry of Justice take more days off sick than workers in any other Whitehall Department. The average MOJ employee took 10.7 days’ sickness in 2024-25; that is 30% higher than the civil service average, and double the average in the private sector. The Minister needs to get her Department in order.

[Sarah Russell (Congleton) (Lab)]

Does the hon. Member have any figures disaggregating prison officers from the remainder of MOJ staff? Obviously, their working lives are very different.

[Sir Ashley Fox]

I do not believe that information was provided, certainly not when it was presented to me, but if the hon. Lady has it, no doubt she will send it to me.

Jury trials and staff absence are not the only areas where the Government are focusing on the wrong issue; a similar problem emerges in the management of our prisons. The Government seem to believe that recklessly releasing many thousands of criminals early will address the crisis of overcrowding, instead of investing in measures to ensure that they do not reoffend. I fear that releasing so many criminals so early in their sentences risks a wave of reoffending in the future.

It is well established that when prisoners engage in meaningful educational or vocational courses, there are sizeable reductions in reoffending. More than 50% of adult prisoners have the literacy skills of an 11-year-old or lower; knowing this, one might think that the Government would seek to address the problem. The earned progression model should surely ensure that participation in education and training is compulsory to secure the very early releases that the Government are proposing. Instead, this Government are choosing to reduce the provision of prison education, astonishing though that might seem.

That is of huge concern, because investment in prison education is cost-effective. Research in 2018 showed that the economic benefits of lower reoffending and higher levels of employment after release outweighed the costs of prisoner education by a ratio of 5:1. In this instance, the problem is not that the budget has been cut, but that the cost of supplying that education has risen so significantly that the volume of core education delivered this year will be cut by 20% to 25%. Instead of addressing why those costs have increased or exploring more competitive and flexible commissioning models to incorporate smaller providers, the Government’s response has been to cut provision. That is short-sighted. If the MOJ is so poor at entering into contracts, may I recommend to the Minister that that budget is entirely devolved to prison governors? I believe they would be better at bringing together local businesses to provide the education they need for the prisoners in their care. It would certainly be better than paying Serco, Capita or whoever £100 million a year to deliver less education each year.

[Jess Brown-Fuller (Chichester) (LD)]

The hon. Gentleman is making an excellent point about the ability of prison governors to spend money. I was speaking to a prison governor recently, who said that because of the amount he is allowed to spend, when the washing machine breaks, he cannot purchase a commercial one. He keeps buying ones from the high street, which naturally break after a week or so because of the level of washing his prison has to do. Does the hon. Gentleman agree that giving prison governors some more flexibility so that they can make decisions for the prisons they know best would actually save the MOJ money in the long run?

[Sir Ashley Fox]

I thank the hon. Lady for her intervention, and I agree with her. Members of the Justice Committee hear that all the time when we visit prisons. For example, broken security netting cannot be repaired or replaced until some very long and convoluted process goes through Whitehall and comes back six months later, no doubt after many drones have flown in with however many packages of contraband goods. It is absolutely hopeless. We have to devolve proper responsibility and financial management to prison governors. Sitting on the Justice Committee, I have seen and heard at first hand the reality of how reduced educational opportunities are putting rehabilitation at risk, yet despite awareness of these dangers, the Government only partially accepted our formal recommendation to prioritise the delivery of core education provision.

Estimates day debates allow the House to hold the Government to account, not just for how much they spend, but for how well they spend it. Curtailing jury trials for marginal gain and cutting back on prison education are not the reforms of a system focused on long-term effectiveness. If we are serious about delivering timely, fair and sustainable justice, we must prioritise the right kinds of investment that will deliver the reforms the justice system needs to protect victims as its No. 1 priority, to deliver justice and to get good value for money for the taxpayer.

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[Dr Kieran Mullan (Bexhill and Battle) (Con)]

I am grateful to be able to respond to this estimates day debate considering the expenditure of the Ministry of Justice and the Home Office as it relates to criminal justice. I thank all Members who contributed. I especially thank the Chair of the Public Accounts Committee, my hon. Friend the Member for North Cotswolds (Sir Geoffrey Clifton-Brown), for opening the debate, and for his sponsorship of the application for debate, alongside the Chairs of the Home Affairs Committee and the Justice Committee.

I want to thank all the prison, probation and police officers, the staff that work in the relevant agencies, and the many workers and volunteers in the associated charities who work hard in our justice system. Whatever we debate, and whatever the Government decide around expenditure, they are the ones who have to go out and deliver the priorities of the Government of the day.

I am afraid that, whatever the topic and whatever part of their activities and spending plans we are debating now, we are debating a shadow Government—a Government in name only. We are debating the spending plans of a Government who lost their Prime Minister a week ago. We are scrutinising the priorities of a Ministry of Justice whose Lord Chancellor serves at the pleasure of a Labour party that is, as we speak, sounding the fanfares and preparing a coronation for its newest MP to become Prime Minister—a Prime Minister whose team has briefed The Spectator that they are going to sack the Lord Chancellor. We have no idea who will be the Lord Chancellor in a few weeks’ time, nor even who will make up the ministerial ranks serving him.

We have a Government in limbo, and however much they protest and tell us that it is business as usual, there will not be any sensible civil servant in any Government Department wanting to move forward policy and delivery work when they have no idea whether it will or will not survive contact with the right hon. Member for Makerfield (Andy Burnham) and his new Ministers. This provides Labour with a welcome opportunity to change course. We have heard about the challenges facing these Departments, including prison education, the court estate, data, record levels of mistaken releases—at record levels—as well as legal aid and the IT hacking experienced earlier in the year. The Government are wrestling with many issues, but I will primarily focus on two.

First, I will turn to Labour’s appalling plans to let rapists, paedophiles and seriously violent criminals out of prison early, which we were able to consider today through the urgent question. Many of our constituents have been receiving letters telling them that the person who was convicted of harming them is being considered for early release. Victims have already spoken publicly about the impact that has had on them, and this is before they are certain about what is going to happen; that is because, to make it even worse, the letters do not tell them if the prisoner will definitely be released, or when exactly, just that they might be.

The Conservatives’ understanding, though, is that everyone who has been written to has a perpetrator who is serving a standard determinate sentence and therefore will automatically be released early. Labour has failed victims either way: either they are all being released, so why have the Government not told people whether they are and when; or some of them will not be, in which case, why are the Government causing unnecessary upset and distress to victims?

[Sir Ashley Fox]

Does my hon. Friend recall that when the Labour party announced its early release system, it said words to the effect of those who have been imprisoned for the most serious and heinous crimes would not be covered by the early release scheme? Does it not seem extraordinary that rapists and those who have committed serious sexual assaults are in fact eligible for this early release scheme?

[Dr Mullan]

My hon. Friend is right, and I will discuss his point in more detail. My hon. Friend said, “words to the effect”, but that was the exact wording that Ministers used in this Chamber, on the Government website and in press releases: the Government said that the most serious offenders would be excluded. When we challenged that, behind the scenes—and even on live television, on Sky News—Ministers said that what we were saying was not true; as we now know for sure, it was.

Labour tells us that this move is necessary. I imagine that Labour Members who genuinely care about these issues have been told by Ministers that here is nothing else they can do—that they have no choice and it is all because of the prison overcrowding crisis. I want to tackle that in detail, because that is not true. There are always different choices to be made.

The estimates before us, explaining the spending that is planned on prisons and prison spaces, highlight that most of the Department’s capital budget is allocated to the prison programme, which was awarded £7 billion up to 2030 in the recent spending review. Ministers know that their planned prison space numbers are essentially the same as ours were. The Minister also knows that the prisons that the Government have opened were paid for and started by the last Government. I share the frustration that Ministers at the time felt with the challenges in prison building; this Government already know how that feels at first hand, considering they have failed for more than a year to do anything significant about a major prison building contractor going bust. Nevertheless, more spaces are due to come online. So what we are managing is a short-term challenge.

I have spoken before about my preference for the justice system to be a greater public and political priority, which the Liberal Democrat spokesperson, the hon. Member for Chichester (Jess Brown-Fuller), also spoke about. Others, including the hon. Member for Congleton (Sarah Russell), talked about the long-term lack of prioritisation of this issue. As a result, early prison release is absolutely not new. The previous Labour Government released 80,000 prisoners early, and the previous Conservative Government also operated the same early release programmes; Labour has used the exact same programme that the previous Government used and then implemented one of its own. These programmes allow for a Government to manage prison capacity in order to tackle the sorts of challenges mentioned by Ministers and Members on the Government Benches.

Previous projections are also unreliable and have forecast much higher prison populations than is currently the case. In fact, the prison population was projected to reach 90,000 by June 2019, but it did not hit that figure —it never has. So is the plan to release rapists and child groomers an essential short-term measure? No, it is not. It is a permanent long-term change to our sentencing laws that will have a profound impact on victims and the ability to secure justice. It is also being done in a fundamentally different way from other early release programmes.

Early release schemes have historically excluded serious violent and sexual offenders, but this Government are deliberately and specifically choosing not to do that. We warned the Government repeatedly that their exclusions based on sentence type were flawed, but they simply said again and again that the most serious offenders would be excluded. That was always untrue, because the criterion for this—the use of an extended determinate sentence—was never a criterion related to the seriousness or type of offence. During the passage of the Sentencing Act, I told the Government that every year, more than 60% of rapists and 90% of child groomers receive standard determinate sentences, and would therefore not be excluded and could be released early, but they did not listen. Instead, they sent Ministers on to the airwaves to say that it was not true. Now, finally, after victims themselves have been written to, the Government can no longer escape from what they have done.

Those victims include Fiona Goddard, who went public in sharing her letter last week. Live on “Good Morning Britain”, after explaining what her perpetrators had done to her—about the rapes and sexual assaults that she suffered—she was told the Government line: that they had excluded the most dangerous offenders. Susanna Reid, who was interviewing her, saw immediately how insulting to Fiona that response was, saying that it did not address anything that she had been saying. Fiona said that it was

“actually quite offensive, because they are basically trying to say that sexual crimes against children aren’t some of the most serious.”

She is right, isn’t she? How can anyone justify an early release programme that includes rapists and child sexual predators by saying it excludes the most dangerous offenders?

The use of the word “dangerous” is in itself a deceitful change in terminology. Up until last week, the Government said that the programme would exclude the most serious offenders, despite, as I have said, me telling them repeatedly that this definition was not aligned to the sentences they were excluding. Finally, just weeks before serious criminals will be let out, they have realised that they were wrong—not that “dangerous” is any better than “most serious” if, either way, rapists are included and are being released early.

We know that more than 7,000 victims have been written to; we know that many more are not registered for updates and will not be told. But how many perpetrators are getting out, and what offences have they committed? We do not know. We have an idea. We know that every year, as I mentioned, more than 5,000 rapists, paedophiles, child groomers and seriously violent offenders are sent to prison on a standard determinate sentence. That is every year—we can therefore assume that thousands of such offenders are in prison at any one time.

The Government are today happy to present to us their estimates on their spending on the prison population and prison building, but they will not and cannot tell us how many of those offenders they will be letting out.

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[Sir Ashley Fox]

On prevention being better than cure, would the Minister care to comment upon the reduction in provision of prison education before she concludes her remarks?

[Sarah Sackman]

Prison education is vital, and I have seen some fantastic examples of it, in particular on a recent visit to High Down. Prison education can take many forms, such as vocational training and education in a conventional sense. In some senses, the bigger question is how do we make our prisons safe? There is no point in having outstanding education—I agree with the hon. Member that it is important; I do not think we disagree on this—if drones are bringing drugs and contraband into prisons, as he pointed out, and if prisons are overcrowded. If that is the case, it is almost impossible to deliver and see the benefit of that education. The fact that this Government are prioritising, through a £40 million investment, a drone prevention programme, that we are building new prisons that are fit for people to live in and receive that education, is a choice that makes sense and that, as I said, prevents so much of the problem.

Violence reduction units, the prison reform Bill, and the workforce plan that the Home Office has put forward are all part of the choice—I return to that theme—that the Government make, whether on policing, courts, prisons, or probation. We choose to fix the mess, and when we see a problem we make the choices required to fix it. Investment, modernisation and reform: the contrast between that and the choices that Opposition Members made when in government could not be starker. We must now give the plan a chance to work.