Sentencing Bill

Jake Richards Excerpts

2nd reading
Tuesday 16th September 2025 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Jake Richards)]

Thank you, Madam Deputy Speaker. I am delighted to deliver the closing speech on Second Reading of this important Bill, which will tackle the prisons crisis that we inherited from the Conservative Government and confront the scourge of reoffending in this country. I thank all Members on both sides of the House for their thoughtful contributions to the debate—some more thoughtful than others—because this should be an agenda that enjoys support throughout the Chamber.

Most of today’s debate has been measured and helpful, indicating a recognition that it is necessary to stabilise a broken criminal justice system after 14 years of Tory misrule and to prioritise victims and the prevention of crime. The Bill achieves that aim. It is necessary to fix our prisons crisis, and it is also desirable, as it will confront reoffending and keep our communities safer. As my right hon. Friend the Deputy Prime Minister said in his opening speech, it takes us back to the central purpose of sentencing: punishment that works.

Let me deal with the Conservative amendment and the arguments we heard from the shadow Justice Secretary, the right hon. Member for Newark (Robert Jenrick), and the shadow Justice Minister, the hon. Member for Bexhill and Battle (Dr Mullan). They say that the Bill puts the public at risk, but without it we face the threat of prisons running out of places entirely, with no space to lock up the most dangerous offenders, which was their legacy when they left office last July. They say it will undermine the confidence of victims, but nothing is worse for victims than prisons running out of places and crimes going without punishment, which was their legacy when they left office last July. They say that the Probation Service cannot cope, and it certainly could not cope under the Tories, with a botched part-privatisation that cost taxpayers hundreds of millions of pounds and a persistent shortage of staff.

We are beginning to rebuild the Probation Service. We will increase investment in probation by up to £700 million by 2028-29, which is a 45% increase. We are recruiting: we hired 1,000 trainee probation officers in our first year, and we are on track for 1,300 more this year. It is worth remembering that this legislation was carefully drafted as a result of an independent sentencing review led by the former Conservative Justice Secretary David Gauke. I take this opportunity to thank him for all his work, as well as the previous ministerial team at the Ministry of Justice, particularly my hon. Friend the Member for Scunthorpe (Sir Nicholas Dakin).

It is a great shame that the Opposition have attempted to play politics on sentencing and law and order. The Conservatives could have adopted a more mature position, appreciating the difficult context in which this Government took office. They could have drawn on previous Conservative traditions on rehabilitation and prison reform to support an agenda that aims to cut reoffending and keep our communities safer. Instead, they are more interested in social media clicks than serious government. It is their mess that makes this legislation so urgent. It is their failure to deliver appropriate prison places and their failure to confront reoffending rates and invest in community sentencing that has led to the mess this Government are clearing up.

As for Reform, I listened to the speech of the hon. Member for Runcorn and Helsby (Sarah Pochin), and I say with the greatest respect that it is quite clear she simply has not read the Bill. She was given ample opportunity during her speech to set out what Reform’s position is, and she simply refused. [Interruption.] I am happy to give way to her, but I notice that she is not going to intervene. She lent on her role as a magistrate, and there are an enormous number of magistrates across the country, but I note that the Judicial Conduct Investigations Office said of her time as a magistrate that her behaviour

“fell below the standards expected of a magistrate”,

and her speech fell below those of an MP.

I want to address a number of the points raised by hon. Members in this debate. The issue of probation was raised by the Chair of the Justice Committee, my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter), whose expertise in this area we will no doubt lean upon. It was also raised by my hon. Friend the Member for Peterborough (Andrew Pakes), my hon. and learned Friend the Member for Folkestone and Hythe (Tony Vaughan) and my hon. Friend the Member for Amber Valley (Linsey Farnsworth).

We are very aware of the pressures the Probation Service faces, especially after the damage done by the last Conservative Government. That is why we are investing £8 million in new technology to lift the administrative burdens on probation officers and enable them to refocus their time on where it has the greatest impact. I joined the Justice Secretary on his first visit to speak to probation staff, and they told us how important that technological change could be to the work they do. However, that is not enough, and as I have said, we are increasing funding by £700 million—a 45% increase—and hiring more probation officers.

My hon. Friend the Member for Easington (Grahame Morris) raised the issue of trade unions, and the challenges that this new sentencing regime will place on probation officers. I reassure him that I and the Justice Secretary will be having conversations with the trade unions throughout this process.

Electronic monitoring was raised by a number of Members, including the Chair of the Justice Committee and my hon. and learned Friend the Member for Folkestone and Hythe. There are significant challenges in how we ensure that tagging works, but we know that tagging does work. There is clear and reliable proof of an individual’s whereabouts and behaviour, and reoffending rates are reduced by 20% when tagging is used as part of a community sentence. That is why we are investing £100 million—a 30% increase—on the biggest expansion of tagging since 1999.

The Liberal Democrat spokesman, the hon. Member for Eastbourne (Josh Babarinde), spoke passionately, as he always does, about victims. In my submission, this Bill strengthens protections for victims in our system. The Government inherited a prison system that was in crisis, and—as I have said before, but it is worth repeating—if our prisons collapse, it is victims who will pay the price.

The Bill is not just about building prison capacity and stabilising the prison system. The legislation aims to go further in offering victims protection. The Bill updates the statutory purposes of sentencing to make it clear that judges must consider the protection of victims during sentencing. This is a really important reform and I am very pleased to hear that the Liberal Democrats support that aspect of the Bill.

On domestic abuse, I again praise the hon. Member for Eastbourne for his campaign on the domestic abuse flag. I listened to the arguments he made today and I will no doubt have further conversations with him in future. The domestic abuse flag is a massive improvement to ensure that protective services across Government—local government and Whitehall—have better powers to track domestic abusers and keep victims safe. I am pleased that that measure has received so much support.

I would push back on the argument we have heard today about short sentences. I want to be absolutely clear, on behalf of the Government: we are not abolishing short sentences. Judges will have the power to send offenders to prison when they want to: where a court order has been breached, where there is significant risk of harm, and in any exceptional circumstances. I want to put it on record that in many domestic abuse cases short sentences have a really important role to play. They will continue to play that role under this legislation.

Very briefly, Madam Deputy Speaker—I am aware of the time—we heard from my hon. Friend the Member for Forest of Dean (Matt Bishop), who brought great expertise from his experience in the police. He spoke about the depressing reality of reoffending in our communities, whereby offenders are caught and put in jail for a few weeks, and then come out and reoffend again. That is why we are taking this action today. Alongside sentencing reform, we need better rehabilitation in our prisons. That is why my hon. Friends the Members for Colne Valley (Paul Davies) and for Stoke-on-Trent South (Dr Gardner) raised important issues relating to literacy and gambling. I have already had conversations with my hon. Friend the Member for Stoke-on-Trent South and I will be having more with my hon. Friend the Member for Colne Valley.

Before I close, I will address two shorter issues if I may. The hon. Member for Huntingdon (Ben Obese-Jecty) and my hon. Friend the Member for West Bromwich Albion—[Laughter.] Forgive me, I got carried away there; it’s nearly recess. I mean my hon. Friend the Member for West Bromwich (Sarah Coombes). They raised important and very serious cases relating to driving offences. I reassure them that I have heard their speeches and will follow up in due course about the specific cases they raise, but also the general issues.

My right hon. Friend the Member for Hayes and Harlington (John McDonnell) raised a number of issues, but one very important one was youth sentencing. Youth sentencing is outside the scope of the Bill, but I reassure him that I will be looking into the consequences of this legislation for youth sentencing in due course.

There are few more acute crises than that which this Government inherited in our prisons. Last summer, the Government took the difficult but necessary decisions to keep the system afloat. Now, we need long-term and sustainable reform, and that is what the Bill delivers. Alongside our efforts to boost prison capacity, it is time for fundamental sentencing reform to stabilise the prison estate, confront our rates of reoffending and deliver punishment that works. We know it is possible because the evidence is clear, but we must have a laser focus on public protection and reducing reoffending. That must mean a system that incentivises offenders to become better citizens, not better criminals, and reacts swiftly when they breach the conditions of their release; that puts strong restrictions on offenders serving sentences outside prison, enforcing them where possible with the best technology available; that tackles the root causes of reoffending; and that puts victims first, with the right safeguards to protect them.

It is a great shame that, as I said, the Opposition have chosen to chase social media traction, rather than engage sensibly with this important agenda. The modern iteration of the Conservative party has stuck its head in the sand on progress, rather than facing up to the legacy it left. I am pleased the Bill does not shirk from the challenge we have been given, but faces up to it head-on and delivers the change that will keep our communities safer in the years and decades ahead. I commend the Bill to the House.

Question put, That the amendment be made.

Sentencing Bill

Jake Richards Excerpts

Committee of the whole House
Tuesday 21st October 2025 Commons Chamber

[Dr Mullan]

My right hon. Friend has frequently raised this issue, and we are in violent agreement. In my experience, there is intellectual snobbery towards people who think there is moral value in, and an ethical basis for, punishing people properly. Anyone who talks about that often gets labelled as some bigot who does not understand patterns of criminality and all these other things. Of course they are important to consider, but none of these things means that we should not appropriately punish people. It shocks me that that still remains not part of the statutory purposes of sentencing. Punishing people is important, and we do not consider it enough.

For all the reasons I have set out, this Bill is incredibly important. Today is incredibly important too, because it is the last chance for Back-Bench MPs to decide for themselves which parts of this very significant Bill they will support. Next week we will have Third Reading, where Labour MPs will have no choice but to vote for or against the entire Bill.

We know that a major part of this Bill is the earlier release of nearly all offenders. The Opposition are opposed to the programme as a whole, but it is clear that this Bill is a major part of the Government’s plans to reform sentencing. It would be asking a lot of Labour MPs to ask them to consider voting against the entire programme, but we are not asking them to do that. Our amendment 24 gives Labour MPs the route through which they can most justifiably say to their Whips and the Prime Minister, “No, I can’t support this.” We are asking them to say no and to vote against the early release of rapists, paedophiles, seriously violent criminals, criminals who cause death by dangerous driving and attempted murderers. We are giving Labour MPs a clear route out of doing what would be absolutely unprecedented in the management of offenders in our prisons and a deep insult to the victims of serious violent and sexual crime.

Labour MPs, many of whom I have got to know, work with and respect, will know that I spent the last week trying my utmost to encourage them to avoid being put in a position where the Whips will make them vote to release rapists, paedophiles and serious violent criminals earlier. Most shadow Ministers would happily sit back and watch Labour MPs vote for something that will blight their time in Parliament in the eyes of their constituents, but we have not done that. That is because whatever damage voting for this Bill might do to the electoral prospects of Labour MPs, what is more important to me is that its measures do not go through.

As I have said before, I understand the frustrations that MPs of different parties have had over decades about the resources provided to our justice system and the prison estate. I mentioned on Second Reading that when Labour was last in power, it released more than 80,000 prisoners early because of the capacity issues built up during its time in office. This Government and the last Government have operated similar programmes. I wish that emergency release measures never had to be used, and if—this is a very big “if”—I had ever been Prime Minister or Chancellor during these periods, I would have taken different decisions. But at least these measures have to be announced in the full glare of the public eye, carry a political price and are genuinely legislated for as responses to short-term emergency challenges.

I want Labour MPs to be absolutely clear-eyed about the fact that what we are voting on today is not a short-term response to prison crowding challenges. It is a medium to long-term plan—a decision about how we as a country want to respond to people who commit serious violent and sexual offences. I have never met a victim of a serious violent or sexual offence who thinks that the present system suitably punishes serious offenders. I have never met a victim who thinks that we should let these sorts of people out of prison earlier, but that is what this Bill will do.

On Second Reading, I explained the sorts of offences that are included in these measures. Ministers have said that the very worst offenders will be excluded. Since Second Reading, the Opposition have been able to review sentencing data to try to understand what that means in reality. It highlights a disturbing truth and leaves the Government and any MP who votes for this Bill with a difficult question to answer. Those serving extended determinate sentences and life sentences will be excluded from the early release elements of this Bill, whereas those serving standard determinate sentences will not. Prisoners on standard determinate sentences will have their prison time cut.

Every year, more than 60% of criminals sent to prison for rape are on a standard determinate sentence. Over 90% of criminals sent to prison for child grooming are on a standard determinate sentence. Around half of criminals sent to prison for attempted murder are on a standard determinate sentence. Hundreds of criminals guilty of child rape and sexual assault, including rape of children under 13, are in prison on standard determinate sentences. In total, more than 6,500 criminals sent to prison every year for serious violent, sexual and other offences are given determinate sentences. If Labour MPs vote against our amendment 24, every single one of those criminals will be able to get out of prison earlier. Labour MPs will be voting to let rapists and paedophiles out of prison earlier.

[The Parliamentary Under-Secretary of State for Justice (Jake Richards)]

indicated dissent.

[Dr Mullan]

The Minister shakes his head. If he wants to intervene and explain why that is not the case, he can. No, he is not going to do so.

Let us be clear: earlier releases will not be done on a retrospective basis. When the measure is enacted, every criminal in prison at that point in time will be able to benefit from these measures, including thousands of serious criminals. It is very clear to me that what is being said by Ministers—I anticipate that they will say the same later in defence of these plans—is in danger of misleading MPs. As it stands, Labour MPs will have to vote in support of the Government’s position that the most serious offenders are excluded. I invite MPs to reflect on how the Justice Secretary can possibly say that any rape—let alone hundreds of them—is not one of the most serious offences. Will Labour MPs who vote against amendment 24 tonight be able to say to survivors of child sex abuse that they supported a Government who wanted to classify thousands of child sex offences as not being the most serious offences?

The Government have said that earlier releases will have to be earned through good behaviour, but that is simply not true. I appreciate that it can be difficult to always believe what MPs from Opposition parties are saying, but MPs do not need to take my word for it. The House of Commons Library briefing note on this Bill is there in black and white for everyone to read. It says:

“As currently drafted, the provisions of the bill do not bring in any new criteria for people to adhere to prior to being released at the one third or halfway point, or any discretionary elements to release.”

I will repeat that: the Bill’s provisions do not bring in any new criteria.

Labour MPs need not look any further than emergency release measures and contrast them with this permanent, long-term change to find evidence that the Government’s approach is totally unprecedented. The SDS40 scheme and other schemes that have come before and sat alongside it have many more exclusions—for example, sex offenders—yet this permanent, non-emergency approach does not. What Ministers have been telling Labour MPs to secure their support is not accurate, which should always make Back-Bench MPs wary. If the Government are making inaccurate statements about a measure in a Bill that they want MPs to support because they cannot face the reality of what it does, then MPs should think very carefully about voting for it, because there is no going back. They will have to defend that decision.

This morning, I emailed every single Labour MP the Library briefing note so that they could see it for themselves, regardless of whether they listen to this debate. Ignorance will be no excuse, because today will not be the end of it. I guarantee Members that the harsh reality is that history tells us that some of the criminals whom Labour MPs are being asked to vote to release will almost certainly commit further serious offences, at a time when they would otherwise have been locked up. MPs will then have to explain why they voted for non-emergency changes that let such people out earlier. I would not be surprised if one of these cases is sufficiently serious that the Government amend the Bill’s measures in future, in response to a public backlash. There is every chance that they will make Labour MPs go through the Lobby tonight and vote for the indefensible, and then at some point pull the rug from under them. I appreciate that a lot of Labour Members are new to this place, and they can speak to longer-serving Members about how it will make them look when they are forced to follow a line that is later withdrawn.

I have made our position clear, and I have set out the consequences. MPs voting against our amendment 24 this evening will be voting to reduce jail time for extremely violent criminals, paedophiles, child groomers and rapists. I have done as much as I can to stop that happening. Ministers are resorting to saying things about the Bill’s measures that are inaccurate to secure support from their Back Benchers, and MPs should not let them get away with it. We have set out clearly how our amendment would ensure that appalling criminals do not see their punishment cut. I know it is difficult for Back Benchers to stand up to the Government and say no, but if we do not, thousands of the worst criminals will get out of prison earlier.

Labour MPs now have to decide whether to vote for what victims of child abuse, family members of people killed by dangerous drivers, victims of rape and others want—victims whom many of them care about—or for what the Prime Minister and his Whips want. Tell the Prime Minister no, tell the Whips no, and vote for our amendment tonight.

--- Later in debate ---

[Zöe Franklin]

This is indeed a highly significant issue, which is why I have put forward the new clauses.

Since his conviction, Alex has been diagnosed with autism, a condition that fundamentally affects how he perceives and reacts to social situations. That diagnosis raises serious questions about whether it was even fair to suggest that he could have foreseen a friend’s violent act, let alone intended it. Alex’s story is not unique. Many others—overwhelmingly young men, disproportionately from minority ethnic backgrounds—remain imprisoned under a doctrine that our highest court has disowned.

I recognise today Joint Enterprise Not Guilty by Association—JENGbA—whose members have worked tirelessly for more than a decade to support families and campaign for reform. Many of them, and the families of those affected, are also here in the Gallery. I place on record my gratitude for their courage and persistence in seeking justice. I also thank the hon. Member for Liverpool Riverside (Kim Johnson) for her support this afternoon.

New clause 22 would allow people still serving sentences under laws that have materially changed to apply for a review. It would give courts discretion to resentence in line with the law as it now stands or to make any other order necessary in the interests of justice. This is not about reopening every case or granting automatic releases; it is about restoring fairness. New clause 23 would complement that by requiring the Secretary of State for Justice to review and report to Parliament on how changes in criminal law affect existing convictions and sentences. It would ensure that when the law evolves, we look back and ask what the changes mean for the people already affected. This is not just a moral necessity, but a practical one.

We face a severe crisis in our prisons, which are overcrowded, understaffed and at breaking point. It makes no sense to fill cells with people serving sentences under laws that no longer reflect justice, while those who genuinely threaten public safety wait for space. We need prison places for those who are truly dangerous, not for those who were simply in the wrong place at the wrong time under the wrong law. The Secretary of State for Justice has long recognised the injustice of joint enterprise. In 2021, he called it “shoddy law”, “outdated” and “backward”, and pledged to change it. Families across the country, including many in the Gallery, remember that promise; today’s Bill gives the Secretary of State and the Government the chance to make good on it.

The new clauses provide a practical, proportionate and fair way to ensure that our justice system can correct itself when the law gets it wrong. As such, my ask today is for the Secretary of State and the Government to champion these clauses from the Government Benches. Work with me and campaigners to refine the detail if needed, but do not let the principle fall away, because the strength of our justice system lies not in its perfection, but in its capacity to put right its own mistakes. For Alex Henry, for the families in the Gallery today, and for everyone who is still serving a sentence under a law that our courts have already rejected, I urge all Members on both sides of the Committee and the Government to support new clauses 22 and 23.

[Jake Richards]

I begin by thanking all those who have contributed to this important debate about sentencing policy and the future of our criminal justice system. Before I turn to the specifics of various amendments, there are two overarching principles that inform this piece of legislation and the Government’s position today. The first is the legacy that this Government inherited from the Conservative party, with prisons at breaking point, the risk that the most serious offenders would avoid arrest or custody altogether, and the need for emergency action to release offenders early to avoid the prison system collapsing. That was the conclusion of 14 years of Tory failure. Alongside the largest prison building programme since the Victorian era, this Sentencing Bill fixes that mess—under this Government, never again.

Secondly, while we stabilise the system that was so shamefully vandalised by the previous Tory Government, we can build a better justice system—one that protects the public and reduces reoffending. This Government will prioritise punishment, but punishment that works, not the broken system we have today. That is why we are introducing important measures on short custodial sentences, which robust evidence shows will reduce offending, save the taxpayer money and assist with the prison capacity crisis. Fixing the mess we inherited and building a more robust and effective justice system are at the heart of today’s Bill.

I turn to the amendments tabled by the official Opposition and the shadow Justice team. I am simply aghast at the chutzpah of the Conservative party on justice issues. The piece of legislation we are considering is only before the Committee today because of the mess that the Tories left behind. Whereas they turned their backs on the mounting crisis, this Government will not shrink from the challenges we face, however difficult they may be.

Amendment 24 would undermine a central purpose of the legislation, which is to solve the Tory prisons capacity crisis. Let me be absolutely clear: what victims of crime and our communities fear the most is the situation the Tories left behind, in which criminals—murderers, rapists and child abusers—might not face prison at all because the Tories left our system teetering on the brink, without the capacity to lock up even the most serious offenders. We will not apologise for the measures in this Bill that clear up their mess.

The inspiration for the changes that the Tories oppose is the earned progression model from Texas, where crime has been slashed by improving rehabilitation and cutting reoffending. Tackling reoffending and boosting efforts to rehabilitate offenders used to be Conservative policies; indeed, the shadow Justice Secretary, the right hon. Member for Newark (Robert Jenrick), who is not in his normal place, used to believe in rehabilitation and initiatives to cut reoffending. Eight years ago, when I think he was still a one-nation Cameroon, he argued that

“the statutory definition of the purpose of a prison”

should

“include rehabilitation and reform”.—[Official Report, 19 July 2017; Vol. 627, c. 850.]

Now he opposes every single measure in this Bill that furthers that cause. He was a moderate; now, he is a pound-shop populist. One wonders whether he believes in anything other than his campaign to become Leader of the Opposition—simply not serious, Madam Chair.

[Dr Mullan]

The Minister has described what is in the Bill as an earned progression model. I have read out to the Committee the independent Library briefing note, which says that progression will not be earned; it will be automatic. On what basis is the Minister continuing to describe it as an earned model?

--- Later in debate ---

[Jake Richards]

Within the Sentencing Bill and primary legislation are specific punishments for offenders who do not play by the rules while they are in prison. That will affect the earned progression model. Further details about exactly how one can gain credit will be delivered in due course.

The Opposition and the hon. Member for Clacton (Nigel Farage) have tabled amendments to the provisions on the Sentencing Council with the aim of abolishing the council, and the Tory amendment would transfer its functions to the Secretary of State for Justice. That would amount to constitutional vandalism—it is an attempt to undermine the independence of the judiciary. The Sentencing Council holds a pivotal role as a bridge between Parliament and the judiciary. The council is widely acknowledged to have brought greater consistency to the sentencing process. Even before the council’s creation, it was not for the Justice Secretary or Lord Chancellor to fulfil the function of creating these guidelines. It is right that the council is held to account by Parliament, but it would be offensive to the principle of the separation of powers to dissolve the council entirely. This is a classic case of the populists going too far and not reaffirming the sovereignty of this place, as clauses 18 and 19 successfully achieve, but trashing constitutional norms for media headlines. I urge the Committee to reject such performative politics.

The shadow Minister, the hon. Member for Bexhill and Battle (Dr Mullan), tabled new clause 12 on the unduly lenient sentence scheme, on which the hon. Member for Mid Bedfordshire (Blake Stephenson) made a powerful speech. While the Government understand that the 28-day time limit can be difficult for victims and their families, it is important that there is finality in sentencing and that we avoid ongoing uncertainty about the sentence to be served. The Law Commission is undertaking a review of criminal appeals and held a public consultation inviting views on a range of reforms to the unduly lenient sentence scheme, including extending the time limit. We will wait for the Law Commission’s response before responding. I have heard the points that Members have made about communication, and over the coming weeks I will look at changes we can make to processes and functions within the Ministry of Justice to improve the system.

I shall move on to short sentences and the amendment tabled by the right hon. Member for Tatton (Esther McVey). I want to be clear about this, because her speech simply did not accept the reality. Clause 1 does not ban short custodial sentences. At the end of this Parliament there will be more offenders in jail than there have ever been before. That is not being soft on crime. There is an important exemption in the legislation for cases where there is a significant risk of harm to a particular individual, whether psychological or physical. It will always be up to the courts to decide how to apply the presumption in any given case. The right hon. Lady’s amendments to widen the scope of the exemption or to eat away at the 12-month definition of a short sentence would render the provision meaningless. It is not the right direction.

The provision also includes an exemption for a breach of a court order. We have strengthened that further with Government amendments 2 and 4, which clarify that it includes repeat offenders who commit a further offence while on a suspended sentence. Government amendments 3 and 5 further expand the scope of the exemption so that it applies where an offence has been committed in circumstances that are closely connected to the breach of a court order, even where the breach is not in and of itself a criminal offence. Together, those amendments ensure that repeat offenders will not benefit from the presumption when they are already subject to a court order.

Where we can do so safely, we should be moving away from short-term sentences. Putting people in prison for a few weeks costs the taxpayer huge amounts and leads to further reoffending. We know that reoffending rates among those serving short-term sentences are scandalously high. Rigorous research shows that equivalent sentences in the community will tackle reoffending, preventing thousands of crimes each year. Indeed, the rigorous research, which the shadow Minister cited, showing that these measures will cut crime was commissioned by the last Conservative Government. They even put this precise provision—copied and pasted—in legislation that they introduced prior to the election, but it never came before Parliament. The Conservatives know it is the right thing to do, but now they oppose it for opposition’s sake. It is a good example of how far they have fallen. They are simply not serious.

I will not be able to speak to all the various amendments tabled by the Chair of the Justice Committee, my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter), as I am sure he will appreciate. I met him earlier this week, and I will no doubt meet him and members of the Committee in the weeks ahead. I am grateful to him and his Committee for their work. New clause 19 addresses the important issue of the imprisonment for public protection sentence. It is right that the IPP sentence was abolished, and the Government are determined to support those in prison to progress towards a safe and sustainable release, but not in a way that undermines public protection. Changes we have implemented through the IPP action plan have contributed to a fall of around 14% in the number of unreleased IPP prisoners between June 2024 and June 2025.

I recognise the Chair’s desire to see the previous Justice Committee’s recommendation on resentencing implemented, but despite its detailed consideration of the issue, the Committee, like various other organisations, was unable to identify an approach to resentencing that would not involve releasing offenders whom the Parole Board has determined pose too great a risk to the public. The Chair of the Committee has put forward other amendments to the IPP scheme relating to the review of licence conditions. The Government will look into that over the coming days and weeks and no doubt have conversations with him.

Let me say a little about new clause 18, which deals with tagging, an issue that was also raised by the hon. Member for Eastbourne (Josh Babarinde). The Government agree that it is important to report on key metrics relating to electronic monitoring, which is why the Ministry of Justice publishes statistical reports on the use of electronic monitoring in England and Wales both quarterly and annually. Our next annual report, which we expect to be published next summer, will include details on key performance indicators that the Department uses to hold the electronic monitoring provider to account. As the hon. Gentleman will know, owing to commercial sensitivities I am unable to specify the fines that have been enforced on those private companies relating to the tagging systems, but we will continue to hold their feet to the fire, which I hope will reassure him.

--- Later in debate ---

[Josh Babarinde]

It has been great to work with Ministers at the Ministry of Justice and to help drive that identifier forward. Will the Minister join me in celebrating the incredible bravery of ITV’s “Loose Women”, many of whom, through their “Facing It Together” campaign, have spoken out about their experiences of domestic abuse, and will he, or a fellow Minister from the MOJ, come and meet them next Wednesday from 12.30 pm onwards, in the Attlee Suite, where I shall be hosting them and we will be bringing the “Facing It Together” campaign to Parliament?

[Jake Richards]

I am always happy to pay tribute to the brilliant “Loose Women”, and, diary permitting, I will be there at 12.30 pm with the hon. Gentleman. Their campaign has been serious and has had a real effect, and we are very grateful to them.

Offenders who pose a greater risk are already excluded from the measures in the Bill, including those recalled on account of being charged with a further offence—such as, importantly, an offence relating to a breach of a civil domestic violence protection order—and those subject to multi-agency supervision levels 2 and 3, which apply to many sexual violence and domestic abuse offenders. These offenders can only receive a standard recall.

New clause 36, tabled by the hon. Member for Cheltenham (Max Wilkinson), builds on the work of the hon. Member for Eastbourne. It would require the courts to treat any offence involving domestic abuse as aggravated. Again, I recognise and sympathise with the intent behind the new clause, but domestic abuse is already treated as an aggravating factor in sentencing through the guidelines that make it clear that judges should consider domestic abuse as increasing the seriousness of an offence, allowing for tougher sentences where appropriate. We believe that any change might complicate the sentencing framework unnecessarily, without any real practical benefit.

Let me now deal with the issue of driving offences. We have heard many powerful speeches, including one from the hon. Member for Huntingdon (Ben Obese-Jecty), who also made a powerful speech on Second Reading. He is not currently in the Chamber—oh, he is here, but he has changed, and is looking very dapper. I have had a brief conversation with him about some of his proposals. While we do not support the mandatory ban for careless and dangerous driving that results in death, I am determined to look at it, along with my colleagues at the Department for Transport. I was shocked by some of the statistics that the hon. Gentleman and my hon. Friend the Member for West Bromwich (Sarah Coombes) produced on Second Reading, and in meetings that I have had with them since then. I want to get into the details, but there is certainly more that we can do, and I know that other Members have raised important cases in this connection. I will be looking at measures that we can take to strengthen driving bans, on an interim and permanent basis, for the most reckless offenders. Again, I praise all the Members who have made such powerful speeches today, some of them on behalf of constituents who have suffered significant tragedies.

New clauses 28 and 29 were tabled by my hon. Friend the Member for Stoke-on-Trent South (Dr Gardner). I have met her twice to discuss the new clauses and the policy aims that sit behind them. I commend her for tabling them, raising the importance of tackling the hidden harms of problematic gambling, and for her ongoing collaboration on this topic. Let me briefly explain the ways in which we already identify and support those with gambling issues, and how we are seeking to increase the support that we provide.

Pre-sentencing reports help the courts to identify underlying issues such as harmful gambling, mental health problems and addiction, which may influence offending behaviour. Mental health conditions and addictions can be taken into account at sentencing, and courts are encouraged to take an individualised approach, particularly when the condition contributes to the offending. Where individuals demonstrate a commitment to address those issues, courts may consider community sentence treatment requirements, and in particular mental health treatment requirements, as part of a community or suspended sentence order. This can be undertaken only with the consent of the individual, and new clause 28 as drafted by my hon. Friend the Member for Stoke-on-Trent South provides for the treatment to be mandatory, which is an issue. As I have discussed with her, there is the issue of the scale of demand and the current lack of any reliable data on how this would look in the criminal justice system. That is why I have already committed to work with colleagues at the Department of Health and Social Care—indeed, I have been in correspondence with them just this week—to ensure that the Ministry of Justice is involved in the developing work on gambling addiction treatment and use of the statutory levy that is led by the Department for Culture, Media and Sport.

I will briefly deal with new clause 25, tabled by the hon. Member for Clacton, who did not bother to turn up for any of the debate. His new clause would introduce automatic deportation for foreign nationals who are given sentences of at least six months. Although the state would be forced to seek the deportation of an individual in such circumstances, that individual would clearly have cause for challenge—not just on ECHR grounds but, in particular, on the grounds of judicial review and proportionality, which has been a long-held principle of common law in this country for hundreds of years.

Let me be clear: this Government are urgently removing foreign national offenders, with removals up by 14% since we came into office. Through Government new clause 1, we are extending the Home Secretary’s duty to deport under the UK Borders Act 2007 to foreign nationals who are given a suspended sentence of at least 12 months. Upholding our values and keeping our nation safe is a priority, and new clause 1 sends a clear message. Regardless of whether a court chooses to impose an immediate custodial sentence or pass a suspended sentence, if the sentence is for a period of at least 12 months, it is sufficiently serious to merit automatic deportation. New clause 25, tabled by Reform, would make a mockery of our efforts more generally, putting scant resource into needless litigation and often unnecessary deportations—another Reform policy that crashes and burns on contact with reality.

I will briefly speak about new clause 27 and the powerful story told by my hon. Friend the Member for South Shields (Emma Lewell) about her constituent Sophie. It is an issue that first came across my desk as part of preparations for Committee. Although the Government are absolutely determined to deport foreign offenders for serious offences, the risk assessment in her new clause may inhibit the Government’s efforts in that regard. This is something that I will look at very closely in the coming weeks, and I hope that I can have a meeting with my hon. Friend to discuss the details and how we can make it work.

I want to raise briefly the campaign by my hon. Friend the Member for Portsmouth North (Amanda Martin) on tool theft, which has been such an important part of the reforms to the sentencing and criminal justice policy. Her efforts have been successful.

Today’s debate, which has lasted nearly four hours, shows that the dividing line in British politics is increasingly clear: it is between those who recognise the tough choices facing our country and are willing to make them in order to clean up the mess left behind by the last Tory Government, and the unserious, populist Opposition carping from the sidelines.

[Dr Mullan]

I am sure the Minister will hope that Back Benchers have listened closely to what he has said, but more important is what he has not said. The Government have been briefing journalists that what we were saying about rapists and paedophiles getting out earlier was not true, and they have told the same to a number of Labour Back Benchers. To be clear, can the Minister put on the record whether any rapists or paedophiles serving standard determinate sentences will be released earlier as a result of this Bill—yes or no?

[Jake Richards]

As the hon. Gentleman knows, sentencing decisions are for the judiciary. Every single offence in his amendment 24 can be given an extended determinate sentence. As I have said before—I will say it again—what victims of crime fear the most is the situation that this Government inherited, in which we were running out of prison places and the most serious offenders might not have faced prison at all. Bizarrely, the shadow Justice Minister said earlier in the debate, “If I had been Prime Minister or Chancellor, this wouldn’t have happened.” Well, you were not, I am afraid. A lot of you lot had a go at being Chancellor or Prime Minister, and none of you did a good job.

[The Second Deputy Chairman of Ways and Means (Caroline Nokes)]

Order. “You lot” and “you” were addressed to me.

--- Later in debate ---

[Jake Richards]

Madam Chair, I do not think that you were Prime Minister or Chancellor. I do apologise.

The Tory legacy in our prisons was lawless disorder, with not enough prison places to arrest or lock up even the most serious offenders. The Conservatives’ howling opposition today rings hollow in the context of their disastrous legacy. This Government have taken action to fix the mess by delivering 2,500 prison places in the first year, compared with 500 over 14 years of Conservative misrule. But we cannot simply build our way out of this crisis; it requires long-term reform for a more sustainable system. This Bill ensures that we will never again face the impossible situation that we faced last summer, but it goes further: it means we will cut reoffending rates, and we will build prisons that produce better citizens, not better criminals. This Bill will help keep our streets and communities safe. I thank all those who have contributed to the debate.

[Esther McVey]

I am deeply dismayed by what the Minister had to say. This Bill will make the streets of our country less safe. It will both let thousands of criminals out of prison and stop thousands of criminals going to prison. It will have a devastating impact on society. If the Minister is honest and is being truthful about this being an emergency—[Interruption.] I apologise —not “truthful”. If he is being accurate, and the reason really is that there is an emergency because of a lack of prison places, why has he not accepted my new clause 62? That sunset clause would allow two years for three further prisons, initiated by the Conservative Government, to come on line. He has not done so because, as I think we have revealed or exposed, this Government are soft on crime, and they are on the side of the criminal, not the victim.

Sentencing Bill

Jake Richards Excerpts

Report stage
Wednesday 29th October 2025 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Jake Richards)]

indicated assent.

[Dr Mullan]

I note that the Minister is nodding.

We can ensure that criminals know that the fullest possible consequences of the law will follow if they murder a police or prison officer simply because they were doing their job.

New clause 20 seeks to establish notification and offender management requirements for those convicted of child cruelty offences, in effect creating a system similar to the sex offenders register for individuals who have abused and neglected children. I want to be clear why this matters. Every one of us in this House knows that behind the legal language of child cruelty or abuse lie some of the most distressing and life-altering crimes imaginable—crimes in which a child, utterly dependent and vulnerable, gets the worst instead of the best, often from those who are supposed to love and care for them.

This measure will not fix everything—sadly, that is not the world we live in—but before us there is a clear and proven step we can take towards improving how we protect our children. At present, if somebody is convicted of a sexual offence against a child, they are rightly placed on the sex offenders register. They are required to keep the police informed of their whereabouts, their identity and any change to their circumstances, including whether they live with children.

The requirement sits separately from probation requirements. If a person is convicted of an offence to which the requirements apply and receives a prison sentence of 13 months or more, the notification requirements are indefinite. That allows the police service, along with other agencies, better to assess and manage risk and ultimately to protect children and others from harm. If a person is convicted of horrific physical abuse, of neglect, or of causing a child’s death through sustained cruelty, there is no equivalent requirement. Once their sentence and probation is over, they can disappear into the community with no requirement to report where they live, no oversight by those who might need to protect other children, and no legal mechanism for ongoing management. That is a clear gap in our child protection system, and new clause 20 would correct it.

A person convicted of any of the listed child cruelty or violence offences, including causing or allowing the death of a child or vulnerable adult, child cruelty or neglect, infanticide, exposing children whereby life is endangered, and female genital mutilation, would be required to notify the police of their details within three days of conviction or release. They would have to confirm where they live, any other addresses they use and any names that they go by. They would have to keep that information up to date and confirm it annually, just as child sex offenders already do.

Importantly, that information could be shared between the police and other agencies that work to safeguard children. That would give local law enforcement the information it needs to identify the risk that individuals could pose to the local community and to intervene with any precautionary measures early to protect children before harm could come. It would offer greater protection to the public by ensuring that those who have committed abuse and cruelty to children are treated in the same manner as those who have committed sexual abuse.

Let me say a few words about the reason why we are considering this measure and about an extraordinary lady called Paula Hudgell. Paula Hudgell’s name has been spoken before in this House. She is the adoptive mother of 11-year-old Tony Hudgell, who had both legs amputated after abuse by his birth parents. She has previously campaigned successfully for tougher sentences to be available for child abuse offences, for which she was awarded an OBE. When Paula adopted Tony, the criminals responsible for what happened to him—his birth parents—were not even going to be prosecuted. Paula told me that if anyone had done to her birth children what they had done to Tony, she would have done everything that she could to pursue justice, and that Tony was no different, even though he was adopted. That is exactly what she did for him, and in the end his birth parents were convicted. The maximum sentence they received appalled Paula, and her first campaign began, to change that maximum to a life sentence.

However, during the course of her campaigning and from getting to see the parole system and what it can do to monitor people after they have served their sentence, Paula got an incredible insight into the system’s flaws and what needed to change. Discussing it with a police officer, Becki Taft—I also pay tribute to her—who Paula got to know during the course of the prosecution, they both recognised the glaring omission that we are seeking to remedy today, so Paula acted. She is continuing to act despite facing enormous challenges in her personal circumstances, as she is undergoing treatment for cancer that can no longer be cured. Paula said:

“I’ve been battling cancer, but as long as I have fire in my belly, I’ll keep fighting to protect children by pushing for this register. That’s what keeps me going—knowing that Tony’s legacy can help save other young lives.”

She is an incredible woman who I am honoured to have gotten to know, and her MP, the shadow Solicitor General, my hon. Friend the Member for Maidstone and Malling (Helen Grant), has done so much to help Paula turn her campaign into words on a page—into legislation we can pass. She is someone I am pleased to be able to call a friend.

I sincerely thank the Justice Secretary for taking a direct interest in this issue, and I am sure that the Minister will also want to closely consider it. I want to ensure that the strength of feeling among Conservative Members and others is reflected in the Lobby tonight. It may be that the Government are not ready to support this measure this evening. Labour MPs may feel that that is reasonable at this stage, but I would welcome a commitment from the Dispatch Box that will enable me to conclude that we can agree to work cross-party in the other place to get this done.

I look forward to the rest of the debate, and to considering amendments tabled by other Members. I hope I have been able to clearly explain our proposals, which relate to prison and police officer whole life orders and the child cruelty register. However, whatever else this Bill achieves and whatever else we might reasonably disagree on, at the heart of the Bill is the biggest step backwards in securing justice for the victims of serious crime in a generation. For it to pass unamended would represent a betrayal of victims. I do not believe that Labour Members want that, and it is not too late. I am confident that the Lords will not let this Bill pass unamended, so at some point, Labour MPs will again be able to decide to say no to the Prime Minister and his plan.

MPs always have choices, and this Government spend £1 trillion a year on various services. Whatever the positive and honourable intentions Labour Members have when it comes to securing justice for victims, and whatever positive measures they suggest, they will be disastrously undone if they do not work collaboratively to make clear that they will not support measures that will let thousands of serious violent and sexual offenders out of prison earlier.

--- Later in debate ---

This is a serious issue. It is a serious issue for me and for my constituents, but it is also a serious constitutional issue that the House has yet to face up to. It does not just affect article 2 of the Windsor framework; it affects the very fact that there are 300 areas of law—shaping much of our economy in Northern Ireland and certainly controlling our trade laws—which are beyond the reach of the sovereignty of the House, and which lie at the whim and the wish of a foreign Parliament. That should offend each one of us, as Members of this House, and it should so offend us that we determine to do something about righting that wrong.

[Jake Richards]

I thank all Members who have contributed to the debate. This Bill is a landmark piece of legislation that gives us the chance to put an end to the prison capacity crisis and build a better justice system. Let me be clear at the outset: this Government believe that prison can work, which is why we are undertaking the largest prison building programme since the Victorian era. Many offenders must be sent to prison, some for a very long time and some for the rest of their lives. The Government have already opened 2,500 places since coming to office, and we have made a commitment to build 14,000 more. Despite what has been said by Opposition Members, by the end of this Parliament, under a Labour Government, there will be more criminals in our prisons than ever before.

However, we cannot only build our way out of this crisis; we must reform sentencing to ensure that our criminal justice system is sustainable. The changes in this Bill will ensure that we never face the situation that the Conservatives left behind: the very real prospect that the most serious offenders would not face prison at all. In a competitive field, the state that the last Government left our prisons in was perhaps the most appalling aspect of the Tory legacy. It was so appalling that, when the former Prime Minister, the right hon. Member for Richmond and Northallerton (Rishi Sunak), became aware of the scale of the crisis, he gave up and called an election. It was the last shameful act of a vandalising, incompetent Government. This Bill represents the work of a Government pulling up their sleeves and getting on with the job, however difficult that may be.

[Lizzi Collinge (Morecambe and Lunesdale) (Lab)]

I really welcome this Sentencing Bill, because I think my constituents want not only criminals being punished for their crimes, but the prevention of future crime. It should be about not just punishment—which is rightly owed to a lot of people—but making sure that our communities are safe in the future. Could the Minister lay out how the intensive supervision courts in the Bill will help to do that?

[Jake Richards]

My hon. Friend is absolutely right; this Bill will not only stabilise the prison system, but go further and tackle reoffending. She mentioned the intensive supervision courts, but there are also our reforms to short-term sentences, which will cut reoffending. We know it will do that because of evidence that the last Conservative Government commissioned. That was why the exact provision on short-term sentencing, which the Tories are all howling with outrage at now, was in the legislation that the last Government put forward—completely hypocritical. My hon. Friend is completely right; this Bill represents a Government who step up to the challenge, rather than putting their head in the sand.

I want to turn to some of the amendments and the specific points of debate that we have heard today, starting with new clause 20, which stands in the name of the hon. Member for Bexhill and Battle (Dr Mullan). However, I will begin by paying tribute to the hon. Member for Maidstone and Malling (Helen Grant), who has put her name to that amendment and with whom I have had the pleasure of speaking on numerous occasions this week in the build-up to the debate. The hon. Lady spoke incredibly powerfully about her own experience in the family courts, and I share that experience. Before coming to this place, I was a barrister who spent a lot of time on legal aid cases, representing local authorities, family members or guardians in exactly the types of cases that she mentioned. I share her concerns.

I also want to pay tribute to the hon. Lady’s constituent, Paula Hudgell, who has been campaigning for a child abuse register with such eloquence and passion for some time. Paula’s work, life and dedication to Tony and others deserves enormous gratitude from across the House. On the Government’s behalf, I thank her for all that she and her family have done and continue to do. I welcome the constructive comments from the shadow Minister, the hon. Member for Bexhill and Battle, on this issue. I can be clear that Paula has identified a problem in the system, and we are determined to fix it.

[Liz Twist (Blaydon and Consett) (Lab)]

I welcome the Minister’s comments on new clause 20 and a possible child protection register. My constituents Gemma Chappell and Rachael Walls have been campaigning for stronger child protection measures after their great-niece, Maya, was murdered by her mother’s abusive partner. Does the Minister agree that measures such as a child protection register and Maya’s law can only help to protect our children—children like Maya, Tony and others? And what steps will he be taking to follow this up?

[Jake Richards]

I am grateful to my hon. Friend. The answer is yes. A problem in the system has been identified, and we are determined to fix it. It simply cannot be right that some horrific child abusers can have access to children—to live with children or work with children—at the end of their sentences without any system of monitoring or notification after those sentences. The Government cannot support the change today because work needs to be done to understand the demand that different options would place upon different public services. It would be wrong to legislate now without a fuller—or even basic—understanding of whether we have the capacity to safely deliver the register proposed in new clause 20. There are numerous options before us, and it is right that any new system is tailored, in terms of who holds that information and the duties placed upon them, to ensure that particular risks are adequately and proportionately managed.

[James Cartlidge]

The position that the Minister seems to be articulating is literally bizarre. He has said that he fully agrees about the problem and with the remedy set out by my hon. Friend the Member for Bexhill and Battle (Dr Mullan). The Government have had 14 years in Opposition and more than a year in Government, and have introduced the Bill at this time. But the Minister is saying that, notwithstanding the fact they have brought forward this Bill after more than a year in office and agree on the problem and the diagnosis, he is still going to vote tonight—and ask his Back Benchers to vote tonight—against fixing the issue.

[Jake Richards]

We have identified a problem, but it would be wholly irresponsible to legislate when we have not had the opportunity to ensure that public services can complete the task. The hon. Member criticises us for not taking action on this issue now, but what about the last 14 years? What about the recommendations of the Independent Inquiry into Child Sexual Abuse, which reported in November 2022? The last Government did absolutely nothing on those recommendations.

[Helen Grant]

I hear what the Minister has to say. Will he bring forward a Government amendment to introduce a child cruelty register when the Bill moves to the House of Lords?

[Jake Richards]

We will speak to Home Office colleagues and others to look at the possibility of doing that, absolutely. The hon. Lady has my word—as does her constituent, who is no doubt watching this debate carefully—that I will work at speed on this issue, but I do not want to make promises that the Government cannot keep, so it is vital that we do the work. We understand the burden that it will place on the services that will need to do the work to make sure that this is done, but I want to be clear that this is a problem. We accept that it is a problem, and we are going to take action to solve it. I will continue to have conversations with the hon. Lady as part of that process, and I welcome the offer of cross-party talks. I am speaking to colleagues in the Department for Education and the Home Office, and I would be eager, if it is appropriate and possible, to speak to Paula herself to ensure that we get this right. But as I said, we want to do that quickly.

I have asked officials in my Department to look at what can be done within the criminal justice system, which sits within the Ministry of Justice, to track child abuse offenders and offences involving child cruelty. I again thank the hon. Member for Maidstone and Malling for her work on this issue. I look forward to working with her, and with other hon. Members who have shown an interest in this issue, to achieve an important change in safeguarding that is absolutely necessary.

I turn to new clause 12, tabled by the hon. Member for Chichester (Jess Brown-Fuller), which seeks to allow prisoners held on remand to access rehabilitative programmes, education, therapy and other support before the start of their sentence. She and I had a brief discussion outside the Chamber about this, and it is important to note that remand prisoners can already access such programmes where prisons run them. The Government accept that there is a lack of such provision in our prisons—something that we absolutely have to improve and work on—but we must remember that remand prisoners have not been convicted of an offence. They cannot be required to undertake any of these services, but it is an issue that I am very much aware of. I will continue to have conversations with her and other colleagues about that over the coming weeks and months as we look to improve those services within prisons.

[Andy Slaughter]

I congratulate the Minister on his Bill, which can undo the damage done to the prison system over the past 14 years of neglect and mismanagement, but while he is clearly in listening mode, let me say that it is capable of improvement. I tabled a number of amendments that were designed to improve the Bill in Committee last week. I will write to him to remind him what they are, but will he look at those proposals, which were made in good faith, to see whether changes can be made in the other place?

[Jake Richards]

As always, I welcome the contributions of the Chair of the Justice Committee. I am very aware of the array of amendments that he and I discussed before Committee stage last week. I have not returned to them in the last seven days, but we will no doubt do so in the coming weeks as the Bill progresses.

I will briefly touch on the issue of probation. A number of amendments have been tabled by my right hon. Friend the Member for Hayes and Harlington (John McDonnell) and spoken to by other hon. Members. The Government accept that the Bill places an extra responsibility on the Probation Service. That is why we are investing £750 million in probation—a 45% increase, and the biggest upgrade to investment in probation for a generation. We are investing £8 million to improve technology, so that probation officers can undertake probation work rather than be stifled by the burden of paperwork. We recruited 1,000 probation officers in our first year and 1,300 this year. However, there is undoubtedly more work to be done, and we will undertake that work in the coming weeks and months.

This Government have been very clear that work must be at the heart of our prisons. Ensuring that offenders work will mean that they can be rehabilitated and, when they leave prison, can enter society with the prospect of employment. Clearly, some of the details of how that work provision is provided and the role of the private sector have to be worked out carefully. I am very happy to meet the justice unions parliamentary group to discuss that, but I will never apologise for ensuring that there is work provision in our prisons, because it is absolutely vital. Labour is the party of work. We believe in the inherent value of work, and work in our prisons plays a vital role in rehabilitation.

[Catherine Atkinson (Derby North) (Lab)]

I am grateful to my hon. Friend for his response on work in prison. I completely agree that it makes a huge difference in enabling prisoners to stop their reoffending behaviour. When 80% of offending is reoffending, costing over £18 billion a year, it is clear that we need to enable people to turn their lives around. Does he agree that our communities will be safer when we are able to tackle reoffending rates?

[Jake Richards]

I absolutely agree with my hon. Friend. She raised this important issue in a recent Adjournment debate. We are taking steps to provide further work provision in our prisons, working with the private sector, the third sector and others, but we certainly accept that there is more to do.

I will briefly respond to the hon. and learned Member for North Antrim (Jim Allister) on new clause 24. He asked me a direct question, and simply put, we do not agree. The Government do not think that this new clause is necessary. Our view is very clear on the legal analysis of the proposed change. The deportation of foreign national offenders will not be prohibited by the provisions of the Windsor framework. If he disagrees with that analysis, I am very happy to meet him to discuss it and look into it. He is absolutely right that it would be wrong if, in the scenario he painted towards the end of his speech, different parts of the country had different provisions for the deportation of foreign national offenders. I want to give him that reassurance at the Dispatch Box.

[Jim Allister]

Will the Minister give us an assurance that, if there turns out to be a distinction in that foreign nationals cannot be deported from Northern Ireland because of article 2 of the Windsor framework, he will undertake to override that legislatively so that we do have equality right across the United Kingdom?

[Jake Richards]

As I have said, we do not accept that there is a problem, but if there is, we will look to fix it, because that would not be right. The scenario the hon. and learned Member painted, which we do not accept will happen as a result of this legislation, is not right.

Amendments 15 and 39 on short sentences are among several tabled by the right hon. Member for Tatton (Esther McVey). They aim to widen the scope of the exemption or to eat away at the 12-month definition of short sentences. That is the wrong direction, and I will set out why. First, we need to clear up some myths that have been shared by the Opposition on this issue. Either they are being wilfully ignorant or they simply do not understand the Bill. We are not abolishing short sentences, as the shadow Justice Secretary, the right hon. Member for Newark (Robert Jenrick), wrongly stated in the House on Monday. He was briefly a corporate solicitor, and I would hope he knows better and that he had read the Bill before commenting on it.

Judges will always have discretion to send offenders to prison, and short sentences have an important function, especially in certain cases of domestic abuse and violence against women and girls. The Bill makes it clear that the presumption does not apply where the offender poses a significant risk of physical and psychological harm to a particular individual, where they breach a court order or in exceptional circumstances. In Committee, the Government went further by strengthening this provision to ensure that breaches of all civil court orders, such as the domestic violence protection order, were covered.

[Catherine Atkinson]

Domestic abuse remains the deepest scar on our society, and it demands our collective action to eradicate it. Please can the Minister outline the measures in the Bill that will help tackle this invidious form of violence and enable improved support for victims during the process?

[Jake Richards]

In that regard, the most important part of the Bill is the domestic abuse identifier. It has been worked on, on a cross-party basis, with outside organisations that are campaigning for it. It is an innovative and important step to ensure that these cases—it is a broadbrush so that different offences can all be covered by the one term—can be tracked through the criminal justice system and out to safeguarding agencies to ensure that women are kept safe from their abusers.

[Dr Mullan]

I note the interest of the hon. Member for Derby North (Catherine Atkinson) in domestic abuse and other offences. Will the Minister confirm for her that the vast majority of offenders convicted of offences related to domestic abuse will get out of prison much earlier as a result of this Bill?

[Jake Richards]

Again, as the shadow Minister knows, for each offence the judge will have full discretion over the sentence. When I have spoken to victims of domestic abuse—I have worked with and represented victims of domestic abuse in court—what they feared most was that, when the prison system was on the verge of collapse, some of the most serious offenders would never face prison at all.

[Esther McVey]

Will the Minister give way?

[Jake Richards]

I will finish this point before I give way, because I am dealing with the right hon. Member’s amendments.

More broadly, we know that suspended sentences and community sentences can be more effective at reducing reoffending. The level of reoffending among those who serve short sentences is staggeringly high. As I have said already, research commissioned by the last Conservative Government—shadow Justice Ministers continue to cite it—shows that short sentences lead to more reoffending, meaning that tens of thousands more criminal offences are committed each year.

If the Opposition vote to drop this provision from the legislation—legislation that the last Conservative Government put forward—they will be voting for more crimes blighting our communities. They know that the measure is common sense because, as I have said, they proposed it; it was a Conservative proposal towards the end of the last Parliament, and they are now opposing it for opposition’s sake. This provision on short-term sentences will begin to break the cycle of reoffending that does such damage to communities across the country, so we reject the amendments tabled by the right hon. Member for Tatton.

[Esther McVey]

I thank the Minister for allowing me to speak now. Members on both sides of the House were concerned about attacks on emergency workers, and such offenders who are sentenced to 12 months or less will now get suspended sentences. Can he state on the record that that will not be the case—that those offenders will still go to prison, as Members on both sides of the House want? Will he protect emergency workers or will he let them down?

--- Later in debate ---

[Jake Richards]

The judge on any given case, where there has been an awful offence such as that, will have the power under this legislation to send that person to prison. That is absolutely right and that has not changed at all.

I will turn to new clause 19, with which I have huge sympathy. The hon. Member for Bexhill and Battle gave me the opportunity to meet Lenny Scott’s mother, and I will take him up on that. I am happy to do so and I look forward to it. As he knows, the Law Commission is undertaking a review of homicide law, and it would be wrong to pre-empt that, although I am sympathetic to the motivation behind the new clause. As he noted, that awful offender was convicted to life imprisonment with a minimum of 45 years. I understand the mischief that the hon. Member is trying to tackle with the new clause, but we will await the Law Commission’s review of homicide law.

[Dr Mullan]

The Minister is perfectly capable of legislating on this issue and letting the homicide work continue. He says that that would be “wrong”, but it is not wrong—it is just his choice, and it is the wrong choice.

[Jake Richards]

As I say, I am not going to pre-empt the Law Commission’s review of homicide law, but I am sympathetic to the new clause. I look forward to meeting the victim’s family and we will be taking steps in due course.

I will turn to the earned progression model and new clause 36, which was tabled by my hon. Friend the Member for Amber Valley (Linsey Farnsworth) and spoken to passionately by my hon. Friend the Member for Hyndburn (Sarah Smith). I met my hon. Friend the Member for Amber Valley and understand the motivation behind the new clause. There is appetite within Government to go further and to offer positive functionality to the earned progression model, but primary legislation is probably not the appropriate mechanism for delivering a stronger system of incentivising rehabilitation in prisons.

I will briefly explain the current framework as set out in legislation. Bad behaviour, such as acts of violence or possession of a mobile phone, can mean more time in custody. We are making that tougher. To ensure that there is more bite and discipline within our prisons, we are doubling the maximum punishment from 42 days to 84 days per incident by secondary legislation. There will be no automatic release for badly behaved offenders. I accept that I and Lord Timpson should look at the current incentives policy framework to see how we can further incentivise engagement with self-improvement services, whether in work or education.

We expect prisoners to work in prison and, where they have educational needs, to engage in classes that support reading, literacy, maths and vocational skills. That is why we are building partnerships with employers and looking to increase the amount of time that prisoners work in industry to increase employment skills. As I said to my hon. Friend the Member for Amber Valley in our meeting, I look forward to working with her and others to look at how we can expand and improve that framework to ensure that the earned progression model is as effective as possible.

[Dr Mullan]

Does the Minister accept that he is legislating to let those people out automatically? He expects Labour Members to accept the promise that later, at some point, he might introduce legislation so that some of those people—a small proportion—do not get out, but whatever he says at the Dispatch Box, he is legislating to let them out automatically. That is the consequence of this legislation.

[Jake Richards]

I am getting increasingly confused by these interventions, Madam Deputy Speaker. As I outlined before, the Government are setting out very clear measures to improve discipline in our prisons. That is part of the progression model, learned from the Texas model, which has seen crime reduce by 33%, with 16 prisons closed at the same time. I think we should learn from good examples abroad. The Opposition have no idea what their position is any more.

I will turn to new clause 14, tabled by the hon. Member for Mid Leicestershire (Mr Bedford). The most serious offences are already dealt with in the Crown court, even those involving offenders aged under 18, and whether an offender’s identity is reported on is at the discretion of the judge. There is always a balancing act in the judge’s consideration between the principles of open justice and the welfare of the child, and it is right that discretion remains with the judge. I also gently say to the hon. Member that the scope of the Bill was the adult estate. There is work to be done in the youth justice system; we will be taking steps to look at it in due course, and we may come back to this as part of that provision. However, the focus in this Bill is much more on the adult estate.

The same point also applies to new clause 1, again tabled by the hon. Member for Mid Leicestershire. I want to go into some detail on this new clause because it is an important issue. On parenting orders, it is right that those responsible for a child’s care will be involved in their rehabilitation where possible. To that end, courts have the power to issue a parenting order where a child has been convicted of an offence. Parenting orders require the parents or guardian to comply with certain requirements for up to 12 months, and non-compliance can lead to breach proceedings in court.

While parenting orders can be a good option for some children, youth offending teams that I have spoken to often decide that it is more effective to engage and build relationships with parents on a voluntary basis wherever possible, without resorting to a parenting order. Many parents will engage readily and take part in specific parenting support activities and programmes.

On financial orders, children are naturally limited in their access to the funds necessary to meet the conditions of a financial order. To that end, where the child is under 16, any financial order must be met by the parent or guardian. For children aged 16 or 17, the fine may be imposed on either the parent or child. Whether they are used in each particular case is best determined by the court with professional advice from the youth offending team. It is right that the court, which has access to information on a child’s individual circumstances, retains the discretion to determine whether such interventions are well placed to support their rehabilitation.

I undertake to the House today that I will look at this matter as part of our continued review of the youth justice system. We do not think that primary legislation is necessary for a dedicated assessment, which is vague in the form of the new clause. We therefore urge the House to reject this new clause, too.

I turn now to driving. There are an array of measures before the House that relate to driving offences, and there is an understandable sense from the House about the need to go further and to strengthen or tighten our use of driving bans for criminal offences. New clauses have been put down by the hon. Member for Huntingdon (Ben Obese-Jecty) and the Liberal Democrat spokesperson, the hon. Member for Chichester. I also pay tribute to the work of my hon. Friend the Member for West Bromwich (Sarah Coombes), among others, and the hon. Member for North Cornwall (Ben Maguire), who has raised this issue in the House.

It should be noted that this legislation offers new provisions to order a driving ban for offenders who receive a suspended or community sentence even if their offence did not relate to driving. However, I have been persuaded in the course of the debates in this House, and in my relatively short period in this role, of the need to look again at driving bans and to do so properly and rigorously. I have organised a meeting with ministerial colleagues in the Department for Transport to discuss this issue and to ensure that the points and individual cases raised in this and last week’s debates are considered in the Government’s road safety strategy, which is being developed. It is right that we undertake proper and further analysis of the current situation and how we can encourage greater use of driving bans.

I promise that I will ensure that this House is updated on the development of that work. I have reached out to road safety charities to ensure that they are consulted and kept informed, too. It is right that we investigate this issue carefully, but it is also important to say that the courts already have the discretion to implement these driving bans in precisely the way that various new clauses seek to do.

I will turn now to new clause 31 on exclusions from recall measures, which was spoken to by the Liberal Democrat spokesperson. A number of offences listed in the new clause are already excluded from the fixed-term recall provisions, while many others carry sentences that would be beyond the scope of the provisions. However, we understand the concerns raised by the hon. Member for Chichester. There is a balance to be struck between recognising the risks posed and ensuring a sustainable system. Before any recalled offender is released, the Probation Service will undertake a thorough review of release plans and licence conditions, ensuring that needs and risks are managed, with a focus on mitigating risks against known victims. This will take account of any patterns of behaviour. Recall remains an important public protection tool where risk escalates. There are still challenges, looking at the 56 days and the provision of education for those who are returned on recall. We have had discussions outside the Chamber and we will continue to do so. It is an issue that Lord Timpson and I are aware of, and we will make progress on it in due course.

I turn very briefly to new clause 42, tabled by the hon. Member for Esher and Walton (Monica Harding), regarding the awful Crown court delays we experience in this country—another element of the rotten legacy we received from the Conservative party. Brian Leveson has reported on this, and the Minister of State for Courts and Legal Services will bring forward the Government’s response in due course.

It is an urgent issue, because all these problems—prison capacity, justice, rehabilitation, reoffending—can be solved only if we have a functioning courts system. Sorting out and stabilising our prisons, reforming sentencing and dealing with the Crown court backlog will be at the heart of the Government’s approach through this Parliament.

[Ben Maguire]

There was one small omission there. Can the Minister confirm that legal aid provision, which has been brought up by several Members today, will be addressed by the Government?

[Jake Richards]

Yes. Legal aid is vital, and the right to legal aid is important. The Government understand that right and will continue to look at it. There are financial constraints, which we are all aware of, but legal aid is very important. We have made certain commitments with regard to employment tribunals, and we will continue to look at that over the coming months.

Amendment 7 would remove clause 20 regarding changes to be made to the release of certain offenders. Let us start with the most basic promise of our justice system. When offenders are caught who pose a risk to the public, we ensure that there is capacity in our prisons for them to serve a custodial sentence. It sounds straightforward and a fundamental tenet of the social contract, but that is what was damaged and broken by the Tory Government. In July last year our prisons were essentially full, and the Government disgracefully could not fulfil that most basic promise to the British people. The Conservatives should be ashamed of themselves for the lawless disorder they caused.

The changes that the Bill makes are necessary to stabilise our prison system. There is no alternative. What have heard from Opposition Members, carping from the sidelines, are wholly unserious proposals. Reform UK say that we should build paperweight temporary prisons. Portacabins holding hardened criminals in our backyards? No thank you.

Let me clear: that would place the public at serious risk of harm. We cannot simply rustle up a secure setting to incarcerate dangerous offenders. This Government are building more prison places than we have seen for over 100 years. Following the changes to be brought in by this Bill, there will still be more criminals in prison than ever before—2,000 more by 2029 than there are now. On the other hand, Reform has no serious plans to keep our communities safe.

The Tory position is even more absurd, if that is possible. Last week the shadow Minister began to apologise for the legacy that the Conservatives left behind in our prisons. He said that if he had been Prime Minister or Chancellor it would not have happened. We had five Tory Prime Ministers and seven Chancellors in 14 years. I am not sure that giving another one a go would have made the difference. Meanwhile the shadow Justice Secretary, the right hon. Member for Newark (Robert Jenrick), says, “Deport more foreign offenders. That will solve it all.” Completely unserious.

Under this Government, deportation of foreign national offenders is up by 14%. We have accelerated decision making on deportation, which can now happen when 30% of the sentence has been served. That is something that the Tories never did. Because of this legislation, we can go even further and deport a foreign offender immediately upon sentencing. These are practical measures from a Labour Government who are cleaning up the Tory mess.

[Kirith Entwistle (Bolton North East) (Lab)]

My father is a retired senior prison officer, and I know at first hand the devastation that 14 years of the Tories brought on our prison system. Does the Minister agree that it is incumbent on us as a Government to clean up the mess they left and fix the system urgently through reforms?

[Jake Richards]

I thank my hon. Friend’s father for his service. Prison officers across the country do a brilliant and important job. My hon. Friend is absolutely right; I have sat through hours of this debate over the last few weeks, and while it has been important, the crowing from the Tories is galling considering the legacy that they left behind.

This Labour Government faced a crisis when we came into power last summer. The Tories had left our prison system on the brink of collapse, and lawless chaos was on the verge of breaking out. We took action, with plans to build 14,000 prison places—the biggest prison-building programme since the Victorian era—and 2,500 places in our first year, compared to just 500 places that were built during 14 years of the Conservative Government.

[Ben Obese-Jecty (Huntingdon) (Con)]

Does the Minister recognise, from his written response to me, that every single one of those 2,405 prison places was authorised by the previous Conservative Government and that the 14,000 prison places he planned to build will not be delivered because the firm that was due to build them has gone into administration?

[Jake Richards]

The hon. Member always makes that point, and he thinks it a good point. Towards the end of 14 years of Conservative government, the Conservatives suddenly realised they had not done anything to our prisons—it was an absolute shambles—and they started to take action. We have actually delivered those places, with 2,500 in one year compared with just 500 in 14 years. It is shocking. That is not a good point, and he should not keep raising it.

The Government began an independent sentencing review, led by a former Conservative Justice Secretary, to ensure that our system was sustainable. The Bill is that vital step to ensure that we can keep that most basic promise to the British people. We will ensure that there is capacity in our prisons to keep law and order on the streets. We will ensure that our justice system clamps down on reoffending and delivers punishment that works. We will ensure that we will never again face the chaos of Tory misrule. I commend the Bill to the House.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Jake Richards]

I beg to move, That the Bill be now read the Third time.

It is a pleasure to speak at the Third Reading of this landmark legislation. I begin by expressing my gratitude to all those who have worked tirelessly to deliver this important change to our criminal justice system.

It is difficult to exaggerate the scale of the crisis that landed on the desk of the previous Lord Chancellor—now the Home Secretary—and my predecessor, my hon. Friend the Member for Scunthorpe (Sir Nicholas Dakin), when they entered Government on 5 July 2024. Prisons were at breaking point, with a very real risk that the most dangerous offenders would not face custody at all and that our communities would be left vulnerable. They took urgent, necessary and decisive action to stabilise the system and keep our prisons afloat, and then they went further.

I pay tribute to David Gauke, the former Conservative Justice Secretary, for his work in leading the independent sentencing review. It is a rigorous and serious piece of work, and while the Government did not accept all the recommendations, it is the basis of many of the provisions before the House today. We thank David Gauke for his work, and perhaps look somewhat regretfully back at what a serious Conservative Justice spokesperson looked like.

I thank right hon. and hon. Members for their careful scrutiny of the Bill, and particularly my hon. Friends the Members for West Bromwich (Sarah Coombes), for South Shields (Emma Lewell), for Amber Valley (Linsey Farnsworth) and for Forest of Dean (Matt Bishop), and the hon. Members for Huntingdon (Ben Obese-Jecty), for Eastbourne (Josh Babarinde) and for Maidstone and Malling (Helen Grant)—and a particular shout-out for my hon. Friend the Member for Portsmouth North (Amanda Martin), for her tireless campaigning on tool theft. Through their personal experience, or the experience of their constituents, hon. Members have powerfully raised issues that the Government will continue to look at and address as this legislation progresses.

The debates we have had on this legislation neatly sum up the dividing lines in British politics. The Conservative party is in complete denial, with not a single word of apology. It is their mess that this legislation begins to clean up. The Bill goes further than simply stabilising the system; it confronts reoffending—the cycle of crime that blights so many of our communities—and learns from the Texan earned-progression model to encourage rehabilitation. Confronting reoffending and improving rehabilitation used to be policies that the Conservatives supported, but today they have provided nothing but opposition.

Meanwhile, Reform’s Justice spokesperson, the hon. Member for Runcorn and Helsby (Sarah Pochin), has not bothered to attend this debate at all, and inexplicably said over the weekend that she gets angry when she sees Asian and black people on her TV. She should concentrate on coming up with workable policies; we cannot build portacabin prisons for hardened criminals and keep our communities safe. Reform UK is simply not credible.

This Government, on the other hand, are getting on with the job and making difficult decisions to ensure that we can keep our promise to the British people: we will never let our prison system collapse like the last Government did, when even the most serious offenders might have avoided prison altogether. This Bill will ensure that our prison system is sustainable, while reducing reoffending and crime, and it will keep our communities safe. I commend this Bill to the House.