(3 weeks, 3 days ago)
Commons ChamberMy right hon. Friend is right. We are perfectly entitled to make that request of Government, as he has done in eloquent terms. It seems to me that the plan to release up to 6,000 criminals in September needs to be stalled, so that we can think again. There is a good argument for removing sex offenders, rapists, those guilty of manslaughter and those involved in grooming children from the list of those to be released. That is the least that could be done, and the opportunity is there to do it. If I may say so, the fact that a Member as senior as my right hon. Friend has made that suggestion should in itself carry significant weight.
Sir Ashley Fox (Bridgwater) (Con)
Does my right hon. Friend recall that when the Government put forward their proposals, they said that the most serious and heinous crimes would not be affected by the scheme? The reason we are in this position is that statements made at the Dispatch Box were, to put it mildly, inaccurate. In fact, very serious and heinous criminals will be released in September unless, as he suggests, the scheme is paused, and paused it should be.
As my hon. Friend will know, the Sentencing Act facilitated early release. Did we not ask then for clarity about what that meant, in the terms that he describes? What kind of criminals would be released? What damage might they do? What assessment had been made of the risk of this policy? It is not as if the Government were not pressed on all those things, but there has been a remarkable lack of clarity—for example, the Prime Minister said, “It is impossible to say who will be released, where and when.” Frankly, you cannot get less clarity than that, can you, Madam Deputy Speaker?
We need to know that more innocent people will not be put at risk. The very least we should do is deal with the issue of serious sexual offenders and, in particular, those responsible for abusing children. I make no apology for quoting particular cases. Shabir Ahmed, the Pakistani ringleader of the Rochdale grooming gang, was freed despite warnings that he was “unsafe” to be released into the community. He was jailed for 22 years for 30 child rape offences. The parole documents that reveal that he was deemed unsafe for release into the community include his belief that it was
“acceptable to sexually abuse children”.
That is a chilling thought, and I know that decent people across this House, and across this country, will be shocked by it.
A woman groomed and raped as a child by a friend of her family has appealed to the Government to abandon their plans to free him nearly two years early. Jade Belgrove waived her anonymity to describe the Government’s early release scheme as an “absolute disgrace”. Her case highlights that women and children are at risk from rapists and sex offenders who are freed early. She was raped aged 14. She deserves justice, if justice is indeed “truth in action”, as Disraeli said.
I differ from the Minister on the purpose of criminal justice. I believe that the treatmentist perspective that has dominated for a very long time needs to be challenged; I believe that just retribution should be at the core of how we deal with the wickedness that I have outlined. However, let us put all of that to one side. Those are issues of principle, and although there may be differences of principle between us, the Minister did not come to the Chamber to advocate for a principle. He did not say, “We are doing this because of some high-minded view about how we should deal with crime”; he said, “We are doing this because we can do nothing else—because of practicalities.” Therefore, as we are dealing with practicalities, let us look at what can be done to fix the problem, and let us do so early, so as to find a solution to it before September.
In doing so, let us broadcast a message from this House today that people need not walk in fear because dangerous people are going to be released on to the streets of their village, town or city; Parliament has said that that cannot be so. If we were to do that, public faith in Parliament would be a little stronger, a little restored. That is the request that I make of the Minister, because I stand by and for the people, having been chosen by the people to do so.
It is a privilege to follow my hon. Friend the Member for Keighley and Ilkley (Robbie Moore), whose incredibly powerful speech gave voice to the victims and the impact that the horrific abuse has had on them. He has led on this issue consistently in this House, and his words should carry incredible weight.
Today we are debating what should be an uncontroversial motion: to exclude from the Government’s automatic early release scheme anyone convicted of a serious offence against a child or an adult, including rape, and anyone convicted of attempted conspiracy or incitement to commit such offences. By any definition, those are some of the most serious crimes. I find it very difficult to understand how anyone would oppose the common-sense position that sex offenders should not benefit from the Government’s early release scheme.
Sadly, it has been necessary to bring forward this motion, because Labour Members and Liberal Democrats in the House of Lords voted down our amendments to the Sentencing Act that would have done precisely that: prevent the early release of such offenders. Now it seems that there will not be a vote and our motion will simply be accepted. That is very welcome if it reflects a shift in policy, but the Minister who opened the debate was not clear whether he accepted that shift in policy or was simply making a tactical retreat on a vote that the Government knew they would lose. He repeatedly set out the rationale for the changes, as he had done earlier today to the media.
The urgency is clear. Thousands of victims have received letters—my hon. Friend the Member for Keighley and Ilkley spoke about the offensive nature of those letters and their dreadful impact on victims—telling them that in September the first wave of criminals will be released. Others will not yet have been informed. The Minister once again failed to give the basic figure for the number of sex offenders who will be released under the provisions. Surely he must know—it is his job to know—and he should be honest and up front with the House.
We can already picture the unedifying scenes of bottles of champagne being opened at the prison gates when these offenders are released. Meanwhile, the survivors of their crimes will—as they told every Member of this House in the letter to which the shadow Justice Secretary has referred—be feeling scared, heartbroken and angry that their perpetrators are not facing justice.
The Minister once again rolled out the Aunt Sally argument that without these measures the justice system would have fallen over, but it is now two years since the general election; two years in which the Government have chosen to let people out early rather than take action on prison places. There are 16,000 people on remand in our prisons, yet the Government are failing to ensure that our courts are used to the maximum capacity.Today, for example, 14% of the Crown courts are not sitting. Where is the commissioning of emergency prison capacity? Where is the greater use of the rapid deployment cells that the previous Government rolled out, including at HMP Norwich in my county? Where is the urgency? That should be a national priority.
Sir Ashley Fox
Does my hon. Friend agree that in tackling the Crown court backlog, the Government were far too slow in uncapping the maximum number of sitting days for Crown court judges and that they are also wasting a great deal of time and effort in trying to curtail the right to jury trials, which will have no appreciable effect on the Crown court backlog? That is in fact wasting parliamentary time and civil service time on a reform that we know the right hon. Member for Makerfield (Andy Burnham) will most probably junk.
I completely agree with my hon. Friend. The Lady Chief Justice appeared before parliamentary Committees to tell MPs that she could have more sitting days if only the Government would produce, I think, about £20 million of funding—a fairly minimal amount in the scheme of the £1.3 trillion that the Government spend every year—rather than go down the route of removing people’s right to jury trials in certain cases.
The prison places coming online are those commissioned by the last Government. Yes, I accept that we should have commissioned more, but the Minister has confirmed in parliamentary answers that no new prisons have been planned or approved by this Government since the general election. Politics is about choices, and Ministers have chosen early release and softer sentencing rather than ensuring public protection and punishment. That is despite Ministers saying that the most serious and violent offenders would be excluded from this change. Anyone who has listened to the testimonies shared with the House by my hon. Friend the Member for Keighley and Ilkley could not consider that they do not represent the most serious and violent offenders.
(1 month ago)
Commons ChamberI 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?
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.
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?
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.
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.
(2 months, 1 week ago)
Commons Chamber
Catherine Atkinson
My hon. Friend and neighbour shares with me a keen interest in rail, as we represent a city that is at the centre of the largest cluster of rail companies in Europe. We have launched a new campaign to drive up reporting of harassment on trains, and the new safer railway scheme, under which train operators must show what they are doing to tackle violence against women and girls so that they can travel with confidence. I look forward to working with my hon. Friend on that initiative.
Sir Ashley Fox (Bridgwater) (Con)
The former Minister for safeguarding and violence against women and girls said that real change in combating violence usually came only after threats from her following “catastrophic mistakes”. Does that not confirm that the Government are unwilling to take the tough decisions necessary to tackle violence against women and girls?
Catherine Atkinson
I am honoured to take up the role and build on the incredible work that my hon. Friend the Member for Pontypridd (Alex Davies-Jones) undertook. She was absolutely essential to the development of the VAWG strategy, “Freedom from violence and abuse”, so that this Government have a plan to prevent violence, pursue and prosecute perpetrators and support victims. We will be working across Government to deliver the strongest crackdown in British history.
(2 months, 1 week ago)
Commons ChamberI will look specifically at my hon. Friend’s constituency. It should be the case that turnaround and diversion work can make a difference, and I hope it is making a difference in his patch. I met the previous Health Secretary to discuss these issues, and I look forward to taking them up with the new Health Secretary in the coming days.
Sir Ashley Fox (Bridgwater) (Con)
I thank the Lord Chancellor for his statement. The Justice Committee heard that, as of February 2026, there were only 412 young people in custody, of whom about 44% were on remand, so when he says, with a great flourish, that he intends to reduce the number by 25%, he is talking about reducing a very small number—about 185—down to about 135. That is a very small number of individuals. Rather than making a huge effort, as he appears to be doing, to bring about this very small reduction, his efforts would be better spent on improving education and training in the youth custody system.
(3 months, 1 week ago)
Commons ChamberI am grateful once again to have the opportunity to speak on the Victims and Courts Bill. As I have said previously in this House, this is fundamentally a Bill for victims. Throughout the Bill’s passage, we have heard the experiences and views of victims and bereaved families and we have listened. I know for that fact that the Bill is now stronger because of this.
I am sure the whole House will join me in paying tribute to some of the victims’ campaigners who have been so instrumental in this Bill, some of whom are joining us in the Gallery today. First, I say to the families of Olivia Pratt-Korbel, Jan Mustafa, Zara Aleena and Sabina Nessa: I know that nothing will ever lessen the pain of such an immense loss, followed by the indescribable trauma of an offender who would not face you and would not face justice. We owe you a debt of thanks for your courage and fortitude in campaigning to ensure that offenders will always be forced to attend their sentencing hearings, and that offenders that refuse to attend are quite rightly punished appropriately. Thanks to you, criminals will never be allowed to hide away from justice, and you have ensured that others should never have to face what you have had to endure. This measure in the Bill is brought forward in the memories of Olivia, Zara, Sabina and Jan.
Secondly, I would like to pay tribute to Tracey Hanson and Katie Brett, who have worked tirelessly to ensure that no other family should experience the injustices that they faced due to not being informed about the unduly lenient sentence scheme. Tracey Hanson’s son Josh was tragically murdered in an unprovoked knife attack in 2015. Since that devastating loss, Tracey has shown extraordinary strength and compassion, continuing to advocate for and support other victims through her charity, the Josh Hanson Trust. In relation to the ULS scheme in particular, Tracey has campaigned for more than a decade, working closely with academics and fellow bereaved families to bring forward this change in the law. She held a strong and unwavering belief that it could not be right for her request to the Attorney General to be dismissed so abruptly, with nothing more than a “case closed” response.
Sir Ashley Fox (Bridgwater) (Con)
The Minister might remember that, in a debate on these amendments on 25 March, she and I had an exchange in which I described the very long explanation that she had given as a “load of waffle”, and she replied:
“We have listened directly to the families about what they want. We could have brought forward an amendment that simply extended the time limit, but the families told us directly that that was not what they wanted.”—[Official Report, 25 March 2026; Vol. 783, c. 332.]
The amendment to extend the period to 180 days is very welcome, but when the Minister said on 25 March that that was not what the families wanted, was she inadvertently misleading the House?
I welcome the hon. Gentleman’s comments. I was not inadvertently misleading the House; if he looks at the details of Lords amendment 5C, he will see that that is not what it does. The amendment does not simply extend the time limit—it does much more—and it does not extend the time limit for everyone. As I will explain in my comments, this amendment is for the families and for the victims directly. It is not for everyone, as was proposed by the Opposition. This amendment does not just do what the Opposition’s amendment would have done, as Tracey Hanson said in her own words; it does much more with respect to its application, and it is for the bereaved families and victims directly. There is also a statutory duty in this group of amendments to directly inform victims and their families about the ULS scheme, so that they are aware of it in the first place.
(4 months ago)
Commons ChamberI welcome that question from my hon. Friend, and he is right. We need incremental progress on our shared ambition to go further on court transcripts. I am clear that this is not the end point, but part of the broader effort to improve access, transparency and support for victims.
I have been working with my hon. Friend the Member for Warrington North (Charlotte Nichols), who is a tireless campaigner on this issue, as are many other campaign groups, such as Open Justice. I pay tribute to them for all the work that they have done on getting free sentencing transcripts for everyone in the Crown court. We want to go further, with the experiences of victims at the heart of what we do. It is important that we consult with others in this place and outside it on what would be the most beneficial next step, particularly for court transcripts and cases that end in acquittal.
Sir Ashley Fox (Bridgwater) (Con)
I was slightly concerned when I heard the Minister say that she was “working at pace”—that is the phrase that Ministers in the Ministry of Defence have used about the defence investment plan, which has been repeatedly postponed and still is not with us—so can she give a more precise timescale? Does that mean sometime in the next 12 months?
I cannot speak for the Ministry of Defence, but I can speak for my own record here as the Minister and my own actions in government when it comes to delivering for victims. I am happy to put on record that we are working at pace to deliver this. The hon. Gentleman will see what measures come back in the Lords and what commitments we can make once we look at what is possible, practical, workable and effective.
Sir Ashley Fox
The Minister will forgive me if I describe what she has announced as a whole load of waffle. The problem is that the 28-day period is too short, and she should consider some mechanism to allow it to be extended. Providing for training, notices and stuff on websites will not help many victims, who just need more time to consider their legal position. At this late stage, will she consider extending the 28-day period?
I am afraid that the hon. Member must not have heard what I said before I came to non-legislative changes. The Government are committed to bringing forward legislative changes on that time limit and to consider out-of-time applications by families. We have listened directly to the families about what they want. We could have brought forward an amendment that simply extended the time limit, but the families told us directly that that was not what they wanted. I listened to victims, the Government listened to victims, and in this victims Bill we will do as the victims have asked.
We will continue to test on getting this right, because it is important that we get it right first time. We are confident that we will soon be able to update the House on a workable legislative solution. For those reasons, the Government cannot accept Lords amendments 5 and 6.
Nick Timothy
I think the Minister has been taking lessons from the Prime Minister. She may as well have been reading the phonebook in answering the question. [Interruption.] Well, the answer that she just gave was completely unsatisfactory. There was an attempt to delete the archive.
Sir Ashley Fox
If there was no intention to delete the data, why did the Chair of the Justice Committee write to the Lord Chancellor asking him to stop the deletion of that data?
Nick Timothy
That is a good point. The Minister has her side of the argument, but on the other side is the Justice Committee, pretty much every journalist involved in crime and court reporting, the company involved and Opposition parties of all colours. I think we know what is going on. I was relieved that, after the Conservative campaign to save Courtsdesk, the Justice Secretary bottled it and backed down. He should do the same today by backing Lords amendments 1 and 3.
The lack of transparency in our criminal justice system explains some of the darkest moments in our history. The crimes of the rape gangs were despicable. They were racially and religiously aggravated, and victims were targeted because of their vulnerability. The criminals were not just the rapists but all those who colluded and were complicit in those depraved, sustained attacks: police officers, social workers, local officials and councillors. Some were guilty because they abused those poor girls themselves, some because they helped others to abuse them, and some because they had the chance to stop it but refused to do so. Some were motivated by malice, and some chose to tolerate evil because they did not want to challenge the official narrative about diversity and multiculturalism.
With the rape gangs, and with other acts of corruption and criminality, we know that the politics of communalism is so often lurking. In parts of our country, clan culture is corrupting our public institutions and the rule of law itself. As we saw in the west midlands recently, the authorities chose not only to turn a blind eye, but to make themselves the willing tools of those they should confront. If we want to confront all these things, and if we want to save our country from corruption and ruin, we need victims of crime, journalists, campaigners and the general public to be given the information that they need to expose the truth. We need the Government not to hinder this noble cause, but to use their power to ensure that justice is done. That is why we need far more transparency in the justice system, and why today we will vote in favour of Lords amendments 1 and 3.
(4 months, 3 weeks ago)
Commons Chamber
Sir Ashley Fox (Bridgwater) (Con)
I support the reasoned amendment tabled by my right hon. Friend the Leader of the Opposition, which declines to give this Bill a Second Reading. I do so because while there are some useful measures in the Bill, at its heart is an unjust proposal. The Government’s plan to curtail jury trials is wrong.
Sarah Russell
I respect the hon. Gentleman and understand that his concerns about the Bill are genuinely rooted. None the less, the presumption of parental involvement being revoked in this Bill is absolutely critical, and I do not understand how he can proceed with a reasoned amendment that would kill the entire Bill on that basis.
Sir Ashley Fox
The right to a trial by jury is central to the English legal system. It has its roots in Magna Carta. It ensures that the public participate in the administration of criminal justice and gives protection to citizens from politically inspired trials. It is regrettable that some parts of the Labour party seem to take delight in tearing up long-held principles that underpin our constitution simply because it is politically expedient to do so. They are shredding our constitution without much thought as to the consequences.
Helen Maguire (Epsom and Ewell) (LD)
Removing jury trials is surely an erosion of the criminal justice system. As the hon. Gentleman has alluded to, one judge cannot provide the same scrutiny as 12 random jurors. If the need is to reduce the backlog, maybe we should consider using courtrooms 100% of the time to actually reduce the backlog in the first place.
Sir Ashley Fox
I agree with the hon. Lady’s point. The Government are changing the balance of power between the citizen and the state, then pleading delays in Crown court trials as justification.
This policy of curtailing the right to jury trials is ideological. In January, the Courts Minister was asked about the plans to overhaul jury trials. She admitted that she would be scrapping jury trials even if there was no courts backlog. I wonder how many Labour colleagues agree with her. I think that is disgraceful, and I suspect that there are more than 80 Labour MPs who agree with me.
There is no doubt that the Crown court backlog is a serious issue. The Leveson report contains many useful proposals to improve the criminal justice system, and I will support them, but the backlog was not caused by the right to trial by jury, and it will not be alleviated by curtailing that right.
In my view, the solution is to increase the capacity of the Crown court, and in fairness, parts of the Bill aim to do that. However, why does the Lord Chancellor think that abolishing jury trials for those likely to receive a sentence of three years or less is the right thing to do? Senior judges, legal professionals, and even learned Labour MPs have all warned that removing juries will make only a marginal difference—if any—and as a former solicitor, I agree. Judges themselves have said that the supposed time savings are inherently uncertain. Single-judge trials still require full evidence, witnesses, legal argument and detailed, reasoned judgments. That takes time; in fact, the Bill risks leaving courtrooms empty while judges write up their decisions instead of hearing other cases.
There are other reforms that we should make before sacrificing the right to trial by jury. To take one example, the Lord Chancellor should look at the wider efficiency of the Ministry of Justice. For the past two years, the MOJ—which includes the courts service—lost the highest number of days to sickness and absence per member of staff in the whole of Whitehall. Each employee took an average of 10.7 days of sickness, which equates to over two working weeks a year for every member of staff. Not only is that 30% higher than the civil service average, but it is double the average of the private sector. I have always thought that sickness is a fairly good indication of how well a company, charity or Department is run, and perhaps if the Lord Chancellor focused his efforts on improving the efficiency of his own Department, he might start to see the whole system improve.
The Lord Chancellor should also look at the listing practices of different court circuits in England. The western circuit, which covers Somerset, has a much lower backlog than London does, and the Liverpool circuit is probably the most efficient in the country. Why does the Lord Chancellor not try to replicate the listing practices of the Liverpool circuit before taking this disastrous step? He has previously said that cutting jury trials would be a mistake—in the past, he thought that was wrong. I believe that his first judgment, according to his conscience, was the right one, and I urge him to reconsider his plans.
Lloyd Hatton (South Dorset) (Lab)
I am delighted to speak as an enthusiastic supporter of the Courts and Tribunals Bill. I wish to put on record my thanks to both the Deputy Prime Minister and the Minister for Courts and Legal Services for their excellent work before the Bill came to this place, which included consulting with Back Benchers at every opportunity.
This is a critical piece of legislation that will rebuild our buckling criminal justice system after years and years of neglect. I will keep my remarks focused on the important context within which this Bill should be considered. We must, in this place, be absolutely clear that the previous Government left the criminal justice system on the brink of collapse. It is important to acknowledge this challenging landscape, so that victims, those who work within the criminal justice system and the wider public can all appreciate exactly why this Government are taking forward the bold measures in the Bill.
Whichever part of the criminal justice system we inspect, we see the devastating impact of the swingeing cutbacks and gross mismanagement of the previous Government—cuts to prisons, cuts to the Probation Service, cuts to legal aid, cuts to the Crown courts, cuts to policing and cuts to the Crown Prosecution Service.
What I find most frustrating is that we too often forget our inheritance, and we must not do so when we go into the Lobbies this evening. We cannot forget the chronic backlog of cases in the Crown courts that we inherited. We must always understand that this is not a static problem, but a compounding one. If we do not proceed with the measures in the Bill, we will not be able to improve the situation in the Crown courts. Instead, it will deteriorate further and the backlog will spiral out of control. The situation is simply inexcusable. We must understand that it is impossible to defend the status quo. Without structural reform, the criminal justice system will continue to buckle, which is why I am such a keen advocate of it.
Sir Ashley Fox
The hon. Member seems entirely ignorant of the success in Liverpool Crown court, where from 23 June, Operation Expedite reduced court delays by one third. Does he not think that it is worth replicating that experiment, which has been so successful in Liverpool, before curtailing the right to trial by jury?
Lloyd Hatton
I completely accept that there have been successes in some parts of the country, including in Liverpool, but that is not the case elsewhere, which is why a much wider package of structural reforms is essential. I firmly believe, in response to that point, that we must pull every lever at our disposal to stabilise the system and begin to turn the corner on the rising backlog in the Crown court. We need transformative change, backed up by investment and modernisation, to fix the problem. That is not optional; it is essential. That is why, in my view, the reforms in the Bill form a coherent package designed to deliver system-wide change. We cannot indulge in a game of pick and mix and simply implement the measures that we prefer. We must understand that, to relieve the scale of pressure currently facing the Crown courts and the wider criminal justice system, this Bill must make its way through this place.
(5 months, 4 weeks ago)
Commons Chamber
Jake Richards
It was fantastic to visit my hon. Friend’s constituency with her just last week to visit a facility in the youth custody service, and I look forward to visiting Rochester prison with her in the future. She is right to raise this issue. There are real fiscal pressures when the two twin strategic objectives for this Department are dealing with a prison capacity crisis inherited from the previous Government and pressures in our courts, but that does not mean that we are going to overlook the importance of educational work in the prison system. We are looking at working with the third sector and the private sector to ensure that we can provide adequate provision while maintaining our two strategic aims of stabilising the prison system and solving the backlog.
Sir Ashley Fox (Bridgwater) (Con)
Next year, the Government will spend more money on education in prisons, yet they will actually commission 25% less education by way of quantity of service. Why are they doing such a poor job of commissioning education on behalf of the taxpayer?
Jake Richards
I am grateful to the hon. Gentleman, who asked this question last week as well. We are raising the quality of the provision of education, but he is right to identify some issues with the contracts that the last Conservative Government entered into, which we are having to look at and deal with. As I said to him last week, it is important that we look at alternatives to those contracts. As I have just said, that includes working with the third sector and looking at how we can get more private sector provision. It also includes, as he said last week, working with governors individually to ensure that they have more autonomy and power to bring in educational facilities from local colleges and universities where it is possible and safe. I am getting to work to do that this week.
(6 months ago)
Commons Chamber
Jake Richards
My hon. Friend has been a champion on this issue for a long time. I am very happy to meet with her and the group to discuss the complexities of the issue, because it is very complex. I will get my office to arrange that in due course.
Sir Ashley Fox (Bridgwater) (Con)
I thank the Minister for his statement. He said that the release of prisoners will depend on their behaviour while inside. Can he confirm that his definition of good behaviour will include mandatory attendance at education and training, which should result in reduced reoffending, and can he advise the House how he will achieve that, given that the Government will commission 25% less education in the coming year? He says the reason for that is that the price has increased. Well, that is because the Government only contract very large quantity contracts. Were he to delegate those budgets to prison governors and give them the freedom to use local suppliers, rather than relying on two or three enormous providers that have the Government over a barrel, the price would fall.
Jake Richards
I am sympathetic to the argument that the hon. Member makes. We need to look at how we involve third sector and private sector organisations wherever possible, and we are looking at that. Clearly the adjudication process will be developed and implemented over the coming months, now that the Sentencing Act 2026 has received Royal Assent, but to my mind it is a welcome reform, based on the Texas model, which showed that it was possible to close prisons, reduce crime and save the taxpayer billions of dollars. We hope to achieve a similar outcome.
(6 months, 1 week ago)
Commons ChamberI thank my hon. Friend for her questions, and I make that commitment to her. The Prime Minister was clear on Second Reading that the Bill as introduced was agreed with Hillsborough Law Now and the families, and would not be watered down. We will do all that we can to strengthen the Bill. We will continue to work with the families. I, too, pay tribute to Elkan Abrahamson and Pete Weatherby, whom the Government met this morning to discuss next steps. We met the families again today to discuss ongoing collaboration, which will continue. The families will be at the forefront of this, because this is their Bill. This is a legacy, and we want to ensure that we do right by them and bring forward the Hillsborough law.
Sir Ashley Fox (Bridgwater) (Con)
I thank the Minister for her statement, and ask her for two points of clarification. Does she believe that it is appropriate for the heads of the intelligence services to determine what information is provided to an investigation, or should that be determined by someone else, and does she accept that in the early stages of the Bill, the Government were clear that it would not be possible to make the Bill applicable to individual agents? How can the House have confidence that we can now do that without creating unacceptable risks to national security?
The primary objective of this Government, and I hope of every Government, is to protect national security and to keep our citizens safe. That is, and will continue to be, of utmost importance to this Government and to this Prime Minister. We will continue to work with the intelligence services. We have had a very collaborative working relationship with them during the development of this Bill. That relationship will continue. We would never do anything that would jeopardise or undermine national security; we have been very clear about that. The families have also been very clear that that is not their intention, and they totally understand this. We think there is a way forward. The Government introduced amendments to ensure that the Bill applied to individual agents, and we did that by working with the heads of the intelligence services directly and with the security services. We will continue to work collaboratively with them and with the families on finding a way forward.