Youth Justice

Janet Daby Excerpts

Monday 18th May 2026 Commons Chamber

[Janet Daby (Lewisham East) (Lab)]

I truly welcome the statement and the White Paper. I am pleased to see in the statement a consultation to end lifelong disclosure to ensure that a child or young person’s poor choices in their early life do not define their future prospects as an adult. My right hon. Friend will be aware of the work I have done with FairChecks and Penelope Gibbs. I suggest that he considers how tougher accountability for parents or carers could go on to further affect the stability of families, especially when they feel they have been failed by earlier interventions or intervention services. Will my right hon. Friend agree to meet me to discuss this matter further?

[Mr Lammy]

I am grateful to my hon. Friend not just for championing these issues from the Back Benches, but for the tremendous work she did while she was Children’s Minister. She will be pleased to hear that I met Penelope Gibbs just last week to discuss these very issues, and I am happy to meet my hon. Friend to look at what more we can do. This is an important consultation. A third of people on jobseeker’s allowance have an offence on their record. We have to do something to ensure that these things do not follow young people for the rest of their lives.

Oral Answers to Questions

Janet Daby Excerpts

Wednesday 28th January 2026 Commons Chamber

[Seema Malhotra]

The Secretary of State for Business and Trade has stated that the delivery of the non-disclosure agreement measure is his personal priority. The Government will be consulting on the secondary legislation to ensure that we deliver on protecting workers from the misuse of NDAs in cases of harassment and discrimination. It is a high priority and we will move forward as quickly as possible.

[Janet Daby (Lewisham East) (Lab)]

3. What recent progress the race equality engagement group has made on helping to tackle race inequalities.

[The Minister for Equalities (Seema Malhotra)]

The race equality engagement group, chaired by the wonderful Baroness Lawrence, is determined to tackle race inequalities and barriers to opportunity. Strengthening the Government’s links with ethnic minority communities is crucial. The group has already convened roundtables of experts and those with lived experience of inequalities in entrepreneurship, policing and maternal health. We are meeting with relevant Ministers across Government to discuss its findings and to make sure that we tackle race inequalities wherever they persist.

[Janet Daby]

I represent a hard-working, diverse community, yet the latest Office for National Statistics figures on the median-adjusted pay gap for UK-born black, African, Caribbean or black British employees show that they earn 5.6% less than UK-born white employees. That means that many of my hard-working constituents are not being paid fairly. The Government have committed to enshrine in law the right to equal pay for black and other ethnic minority people. Will the Government say when this welcome manifesto commitment will be met?

[Seema Malhotra]

My hon. Friend is right to raise this issue. The race equality engagement group is engaging with minority communities across the country to tackle inequality. We are committed to our manifesto commitment and to making the right to equal pay effective for ethnic minority people. We are also introducing mandatory ethnicity pay gap reporting for large employers. Last year, we published a call for evidence on equality policy, which closed last summer. We are working to analyse the responses and will update the House on our plans soon.

Oral Answers to Questions

Janet Daby Excerpts

Wednesday 5th November 2025 Commons Chamber

[The Deputy Prime Minister]

Baroness Amos is a dear friend of mine. I know that the Health Secretary is considering her recommendations.

[Janet Daby (Lewisham East) (Lab)]

Q14.  Hurricane Melissa has devastated Jamaica and left the country in crisis. The Imperial College storm model states that the hurricane would have been unlikely without climate change. I know that the Prime Minister is representing the UK at the COP30 summit against climate change. Will my good and right hon. Friend the Deputy Prime Minister ensure that the UK leads the way on preventing climate change?

[The Deputy Prime Minister]

I am deeply saddened by the loss of life and the scenes of devastation in the great country of Jamaica. Like my hon. Friend, I have relatives in Jamaica, and I thank and commend her for her personal fundraising efforts. The Prime Minister and the Foreign Secretary have been in touch with their counterparts to offer our full support, with £7.5 million of aid funding already mobilised. We have chartered flights from Jamaica for British nationals who are unable to fly home commercially. Jamaica will also receive $71 million from the Caribbean Catastrophe Risk Insurance Facility pool—funding that began under the previous Labour Government and that Jamaica can draw on for its renewal.

Oral Answers to Questions

Janet Daby Excerpts

Tuesday 14th May 2024 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Janet Daby (Lewisham East) (Lab)]

Almost two thirds of children on remand in youth detention do not go on to receive a custodial sentence, and 17% are acquitted, meaning that they were freed from a criminal charge altogether. It costs between £129,000 and £306,000 per year to keep just one child on remand in youth custody. Does the Minister view that as the best use of public money, or does he feel that it could be managed in a more efficient and effective way with an alternative remand provision?

[Alex Chalk]

In 2010, the total number of children in custody was over 3,000; that figure is now around 500, so there has been a significant reduction. The decision of whether to remand is a matter for the judges. They can remand in custody only if there are substantial grounds for believing that, if released on bail, the child will commit further offences or indeed fail to surrender. We are also investing millions of pounds in Greater Manchester, for example, to see whether there are other options in remanding children into local authority accommodation and not necessarily into custody.

Oral Answers to Questions

Janet Daby Excerpts

Tuesday 26th March 2024 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Janet Daby (Lewisham East) (Lab)]

The Government have decided to change the use of Cookham Wood youth offender institution to an adult prison. That follows a lack of progress in improving young people’s access to education, and increased violence on the prison estate. The behaviour management method of keeping young people in their cells has failed. This decision puts a spotlight on the wider crisis in adult prisons. When the young people are transferred, how will the Minister ensure that the practice of keeping them in their cells, and the cycle of violence, will end?

[Edward Argar]

I am grateful to the shadow Minister for her question about Cookham Wood. As she will be aware, a number of specific local factors at work in Cookham Wood led to the urgent notification, and the challenges in addressing that. As for those young people and their transfer to other institutions, a number of them will be released before Cookham Wood closes. Those still in custody will be assessed individually, and they and their families will be engaged with to ensure that they are placed in institutions that are best suited to their needs, and that give them the greatest opportunity to progress and make positive life choices for when they are released.

[Janet Daby]

It is a shame that the Minister did not address the violence specifically. Violence is a challenge across the youth estate, not just at Cookham Wood. Recently, a girl with challenging behaviours and complex needs at Wetherby YOI was restrained and then stripped—not once, but twice—by male officers. In the context of rising violence and extreme self-harm, does the Minister believe that is acceptable, and what alternative provision does he have in mind other than the Keppel unit in Wetherby YOI?

[Edward Argar]

I did address the point about violence on the estate in response to the original question from the hon. Member for Cardiff South and Penarth (Stephen Doughty). The hon. Lady asked specifically about a case highlighted by the chief inspector of prisons in his recent report.What happened there was clearly against policy. It was clearly wrong and concerning, but I do have to correct her: the individual involved was at no point strip-searched. That was inaccurate reporting. At all times, the modesty of the individual was protected with a blanket, so I am afraid that what was said in reporting that it was a strip search is not correct. Clothes were removed under a blanket in order to protect life where there was imminent risk to it. Those officers made a difficult decision in the circumstances to protect life. It is right that we look into the specifics of what happened, as my right hon. and learned Friend the Lord Chancellor and I have done. I think we just need to be a little cautious at this point about accepting everything that was reported as fact.

Oral Answers to Questions

Janet Daby Excerpts

Tuesday 20th February 2024 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Janet Daby (Lewisham East) (Lab)]

I recently visited Cookham Wood young offenders institution. There, officers told me about the challenges they face, including a staffing shortage and shocking recruitment issues, which have led to rising levels of violence. Can the Minister say when he last visited Cookham Wood, and why this Government continue to be unable to solve those crucial problems?

Joint Enterprise (Significant Contribution) Bill

Janet Daby Excerpts

2nd reading
Friday 2nd February 2024 Commons Chamber

[Janet Daby (Lewisham East) (Lab)]

I congratulate my hon. Friend the Member for Liverpool, Riverside (Kim Johnson) on her success in the private Members’ Bills ballot, and I am pleased to be responding to the Second Reading debate on her Bill today. It is important that this issue has been brought to the House’s attention. Children and justice is an area of concern for many when joint enterprise is considered and it has been campaigned on for several years. The Bill highlights that, but I am aware that an amendment similar to this Bill has been tabled to the Criminal Justice Bill. Before I go further into the discussion of this Bill, it is right to say that although it is critical of joint enterprise, and there are very convincing arguments for amendment to it, joint enterprise is also a necessary tool in the criminal justice system, as I will explain further.

I thank all Members who have participated in and contributed to this debate: my hon. Friends the Members for Vauxhall (Florence Eshalomi), for Brent Central (Dawn Butler), for Huddersfield (Mr Sheerman) and for Poplar and Limehouse (Apsana Begum); my right hon. Friend the Member for Hayes and Harlington (John McDonnell); my hon. Friends the Members for Birkenhead (Mick Whitley) and for Easington (Grahame Morris); the hon. Member for Aylesbury (Rob Butler); the right hon. Member for Islington North (Jeremy Corbyn); and the hon. Member for North East Bedfordshire (Richard Fuller). I have also noted the many comments made by the hon. Member for Shipley (Philip Davies).

Having listened to the debate, the clear overall message is that joint enterprise needs to be reviewed. As we have heard, it allows an individual to be jointly convicted of the crime of another if the court finds that they were involved in the commission of the crime. There is a strong case to tighten the definition currently used to ensure that justice is fair and proportionate. As in the case of R v. Jogee in 2016, the Supreme Court has ruled that joint enterprise had been wrongly used for 30 years—that is extremely concerning. The ruling stated that it was not enough for the prosecution to prove that the defendant foresaw the possibility of violence occurring. Instead, the prosecution should now prove that the defendant intended to encourage or assist the person who committed the crime. Yet, a list of controversial joint enterprise cases continue to this day. The Manchester 10 case, which many in this Chamber will know, was tried under conspiracy legislation, but activists say this mirrors crimes prosecuted in the UK as joint enterprise. The trial’s use of drill music to convict the 10 defendants has also been criticised; this is a common feature of joint enterprise prosecutions for defendants from minority backgrounds. I am aware of the campaign by Art Not Evidence that aims to stop the criminalisation of those who engage in rap and drill music.

[Dawn Butler]

Does my hon. Friend agree that it is important that we do not judge people by the music they listen to? Judging one music to be violent, as against another genre, is a very subjective measure.

[Janet Daby]

I absolutely agree with my hon. Friend on that; she makes a very meaningful point. There are lots of words in lots of different types of music, and we should not be judged by that.

I have also met Janet Cunliffe, a co-founder of Joint Enterprise Not Guilty by Association—JENGbA—whose son was imprisoned under joint enterprise. She is a tireless campaigner, who has shared in the experience of her son’s sentence. In 2020, JENGbA released a research report written by academics at Manchester Metropolitan University arguing that women are negatively impacted by joint enterprise. It stated:

“Women were often marginal to the violent event, with almost half not present at the scene and almost all never having engaged in any physical violence”.

And yet, as the report found, women were being seriously penalised.

JENGbA has highlighted the case of a teenager, Carrie. She was 15 years old when, in the early hours, she was walking with two other older people. They had all been drinking and a fight broke out with another group of local adults. One person from the other group was killed by an injury caused by a broken bottle. In the summing up of the case, the judge acknowledged that Carrie was so drunk she did not have the ability to join in with a fight. The judge warned that

“mere presence is not enough there must be some form of participation”.

During the trial, judgments were made about Carrie’s character and not her actions. That became central to her prosecution. The offence was committed by a 35-year-old man. The jury found the man guilty of murder. Carrie, 15 years old at the time of the event, was found guilty of manslaughter. The report found that there are many other women like Carrie in prison.

I have been critical of joint enterprise, but there is a place for it in our courts and the wider criminal justice system. Joint enterprise has helped to secure convictions that otherwise would not have been successful. The conviction of some of the men who killed Stephen Lawrence was secured using joint enterprise legislation. By using joint enterprise legislation, it was found that it did not matter whether Gary Dobson and David Norris carried out the killing; rather, it was important that they were part of an attack that could end in serious harm. Indeed, it did. It has also been successfully used to prosecute paedophile rings and those who commit economic crime. That should not be forgotten.

I am glad that the Bill does not seek to abolish joint enterprise in its entirety. Labour has previously said that it would look to reform joint enterprise, and that remains our ambition. Furthermore, the Lammy review in 2017 advocated for the reform of joint enterprise laws. In particular, recommendation 6 said:

“The CPS should take the opportunity, while it reworks its guidance on Joint Enterprise, to consider its approach to gang prosecutions in general.”

With regard to that recommendation, the CPS commenced a pilot to monitor joint enterprise homicide and attempted homicide cases in February 2023. The results were concerning. Black people make up only 4% of the UK population, but according to the CPS, under joint enterprise cases, black defendants make up 30% of case loads. It was also revealed that joint enterprise prosecutions disproportionately affect children, young people and men.

There has been progress on gathering more data, with the commencement of a full national scheme in all CPS areas. The CPS has said that a report of homicide and attempted homicide cases brought on a joint enterprise basis will be produced annually, and it will contain a breakdown by the protected characteristics of ethnicity, sex, age and disability. I believe that the CPS today convened a scrutiny panel with a focus on joint enterprise cases in which evidence of gang association is a feature.

Let me be clear: the Bill is perfectly reasonable and commendable. However, for the best chance of proper reform, it is important to wait until the CPS has built up more data before legislation is used to tackle the problem. We can solve the issue only when we have the full picture; that way, the law can work as intended.

Many from across the political spectrum believe that change needs to happen. There are some cases of people being convicted of serious crimes despite making no significant contribution to them; we have heard such examples given from across the Chamber. It is not in the public interest to prosecute those who have not made a significant contribution to a crime. I am interested to know whether the Minister agrees.

In reply to an amendment on joint enterprise in the Criminal Justice Bill Committee, the Government said:

“there have been examples of case law since the Jogee case that show that approach being fairly applied.”—[Official Report, Criminal Justice Public Bill Committee, 30 January 2024; c. 484.]

What is the Minister’s view on the reported disproportionate impact of joint enterprise on diverse communities?

The Government must end the criminalisation of children and young people associated with rap and drill music, and put in place protective factors to ensure that they are not disproportionately criminalised under joint enterprise.

[Philip Davies]

I am not sure what point the hon. Lady and Labour Members are making when they talk about the disproportionate amount of people from various ethnic minorities who have been prosecuted under joint enterprise. Is she saying that the Crown Prosecution Service is institutionally racist? Is she saying that juries are institutionally racist? Is that the allegation she is making from the Labour Front Bench?

[Janet Daby]

That is an interesting intervention. I find it concerning and alarming that hon. Members in this place do not appear to be aware of how racism and discrimination acts. So much evidence and information, and so many reports, inquiries and reviews on the subject have come out of this place and many other institutions and public organisations across our country for many years. I find it alarming and disturbing that he questioned that in the way he did. I look forward to the Minister’s response.

Oral Answers to Questions

Janet Daby Excerpts

Tuesday 9th January 2024 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Janet Daby (Lewisham East) (Lab)]

The Children’s Commissioner’s report on family contact in the youth estate states that at the weekend, in two young offenders institutes, boys spent only up to one hour outside their cell each day. We can clearly see why that has led to an increase in violence. What is the Minister going to do about it?

[Alex Chalk]

It is important to note that, since 2010 when we came into power, the number of under-18s in custody has dropped dramatically. The cohort now in young offenders institutes is, to put it politely, highly complex. We take that extremely seriously and want to ensure there are sufficient staff. We do not give up on people, but it is important to recognise that that cohort will have been convicted of extremely serious offences, and we want to ensure there are sufficient resources to try to get the best out of them.

Oral Answers to Questions

Janet Daby Excerpts

Tuesday 21st November 2023 Commons Chamber

[Mr Speaker]

I welcome the new shadow Minister.

[Janet Daby (Lewisham East) (Lab)]

Thank you, Mr Speaker. Education is vital to reduce violence, especially on the youth estate. However, violence on the youth estate is skyrocketing. Since last year, assaults on staff have increased by 33%. That puts prison staff at risk in their workplace and increases the trauma experienced by children and young people. It can also prolong their rehabilitation. How will the Minister use education and other methods available to him to reduce that violence?

[Edward Argar]

It is nice to be taking questions from the hon. Lady in her new role as shadow Minister, rather than when she used to question me in the Justice Committee. She is absolutely right to highlight the challenges of violence across the youth estate, which have been too high for too long, and we continue to work hard across all sites to address it. Among the measures put in place, we are ensuring that each child receives a full needs assessment, covering education, psychology, resettlement, health and behavioural support. Education and skills play a vital part in helping children and young people to get their lives back on course, but that must be in the context of a secure environment, because security has to be the premise on which all those other benefits can be delivered.

Oral Answers to Questions

Janet Daby Excerpts

Tuesday 12th September 2023 Commons Chamber

[Janet Daby (Lewisham East) (Lab)]

Prison leavers in employment training are less likely to reoffend. That means that education and training for young offenders in prison is crucial. Will the Minister say why the Government have failed so far to implement a new prison education service? It was promised in their party’s manifesto in 2019. Implementing it in 2025 is too little, too late.

[Damian Hinds]

I join you, Mr Speaker, in welcoming the hon. Lady to her place and similarly look forward to working with her. I can bring her good news. First, there is an education service operating in every prison, with four contracted providers. We also have additional provision that governors can put in place, but for the new service that she mentions—it was indeed a manifesto commitment—the process is well under way. I look forward to being able to make further announcements before long.