Early Release of Prisoners
Jess Brown-Fuller Excerpts(2 weeks, 6 days ago)
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Jake Richards
I am not sure which letters the right hon. Member is referring to, because none of the letters sent out by the Ministry of Justice has referred to people already being released. I understand the concerns that she raises. We take our engagement with victims incredibly seriously. The purpose of the letter is not merely for communication; it is also so that victims can have a say in licence conditions when offenders are released. Offenders are released as things stand. The Sentencing Act 2026 changes that for certain offenders, and there is a process in place by which probation ensures that the community is kept safe with robust licence measures. That will continue.
We have improved the Probation Service’s powers. We are putting £700 million into the Probation Service, which is the biggest investment for a generation. I understand the right hon. Member’s concerns—I really do—but I gently suggest to her that criminals have been released from prison for a long time. There are measures in place, and we need to ensure that they are as robust as they can be.
Jess Brown-Fuller (Chichester) (LD)
Everybody would appreciate some clarity that when we are talking about the letters, those are specifically the letters informing victims that the Sentencing Act 2026 will affect when their perpetrators will be released. The issue that has been raised by many victims is that these are blanket letters; they are not personalised. They do not say which perpetrator. In the letter, it says that “some” will be managed in the community. These victims have been so failed by our justice system at every step that when they receive such a letter, they assume that it means their perpetrator will not be managed in the community. Can the Minister please reflect on the impersonal letter that is sent, sometimes by email, to inform victims that what they thought was true is no longer true, and that their perpetrator may be out sooner than they had expected?
Jake Richards
Absolutely. The hon. Lady’s call for us all to reflect on that will be taken up. I know that the Justice Secretary and the Victims Minister, my hon. Friend the Member for Derby North (Catherine Atkinson), who is sitting next to me, will have heard that. There will be further correspondence; it was not a blanket correspondence by any means. The Government and the Probation Service want to engage with victims as much as possible to ensure that their voices are heard every step of the way. I am grateful for the intervention.
Jess Brown-Fuller (Chichester) (LD)
May I first pay tribute to every victim and survivor of some of the most horrific and vile crimes imaginable, including those who join us in the Gallery today? They have waived their right to anonymity and raised their voices so that others do not have to. They are calling for greater protections for victims, who feel consistently failed by the justice system as it stands, and they represent a much larger and often voiceless part of our society, including those who never came forward, and those who did come forward but did not receive justice at the end of it. These are the people who spend their lives scanning crowds and looking around street corners, fearful that they will bump into their perpetrator, or perpetrators, again, and I commend them for their bravery and determination to ensure that nobody else suffers in the way that they have done. The abuse that they have experienced at the hands of cruel, calculating monsters never leaves them, and I share their anger and frustration that after countless reviews, reports and inquiries, spanning many years and many Governments, the system continues to fail them and recommendations remain unimplemented.
I think we all agree that, in a properly functioning justice system, as a matter of principle, no victim should have to endure being told that their perpetrator is being released earlier than expected for any offence. When a sentence is handed down, victims deserve the certainty of knowing where they stand and how long their perpetrator will remain behind bars. We have heard just today from victims who were reassured by the judges in their cases that their perpetrators would serve a certain length of time—only to then receive this vague letter, which we have been talking about, telling them that that may no longer be the case.
That does not happen in any other element of our justice system. When a Government introduce a new sentence—a new crime—it is not retrospective. The Government have come forward with a positive change by upping the sentence in relation to women who are killed in the home, which currently carries a lower sentence than offences relating to those who are killed outside of the home. That is not retrospective, but the campaigners for the change said that they understand that the justice system is not retrospective. The same should apply to sentencing after the fact.
Victims are understandably angry about the format of the letters they received, which were not personalised and provided no specific information about their cases. The letters did not provide information about when their perpetrators would be released, and also said, as I mentioned to the Minister, that some of those released would be managed in the community. That will naturally lead many to fear the worst—that their perpetrators will be free to roam without restriction. Why would they not think that, when they have been failed so many times by the system? The vagueness and ambiguity need looking at. I hope that the Minister will take that away, so that the MOJ’s mass communications are worded in a way that does not feel so impersonal.
It is worth saying, and has been said many times before, that the justice system inherited by this Government left victims and society more broadly in grave peril. It risked the state convicting criminals of serious offences but having no space in which to imprison them. A capacity crisis in our prisons would also have left victims and survivors fearful, and it clearly needed to be addressed.
Throughout the passage of the Sentencing Act, we were concerned about the implications for other parts of the justice system, which were already at breaking point, and their ability to absorb the additional strain. The probation system, where staff are already facing ever-increasing caseloads without being appropriately resourced, has now been tasked with managing those released earlier than before, as well as those serving community sentences. Meanwhile, the prison system itself was failing to keep hold of dangerous offenders—in some cases accidentally releasing them and losing track of them altogether.
We were also concerned about the implications of the Government’s proposals for the early release of offenders convicted of extremely serious crimes, including those discussed today. Ministers in both Houses reassured us that the most serious offenders would be exempt from these measures, which is clearly not the case. That is why the Liberal Democrats have written to the Justice Secretary calling for child sexual offenders, including those convicted of offences connected to grooming gangs, to be exempt from the new early release provisions in the Sentencing Act.
The Government have promised the biggest expansion in prison places since the Victorian era, and have delivered on part of that promise by increasing capacity. That new provision should now be used to ensure that child sex offenders serve the same proportion of their sentence as they did previously, giving victims the reassurance that their perpetrators will remain in prison for the period that they were led to expect at sentencing.
We spend the equivalent of just two weeks’ welfare spending on the entire justice budget. That covers our courts, our prisons and the Probation Service. That lack of seriousness is why the justice system often lurches from crisis to crisis—that is a plague on all our houses—but for the victims and those in the Gallery today, a functioning justice system is everything. It is the difference between being able to move on with their lives and being forever traumatised by a system that fails them.
Will the Minister therefore set out how many prisoners currently in the prison estate have been convicted of child sexual offences, including offences connected to child sexual exploitation and grooming gangs? If there is sufficient capacity in the prison estate to exempt those offenders from the early release scheme, will he do so? Finally, what measures will this Government bring forward to restore confidence among all victims, including those who never came forward to report abuse or who were afraid to do so because they feared that they would not be believed? As a whole House, we have to do better.
Catherine Atkinson
I have listened very carefully to this debate. I will always listen to victims, but I want to ensure that I can look them in the eyes and know that when offenders are convicted and sentenced to custody, there are prison cells for them. That is where we were left by the last Government in real difficulty.
Jess Brown-Fuller
I seek clarification. The Minister said that the Government have added grooming as an aggravating factor. Will every person sentenced to an offence related to grooming gang scandals now get an extended determinate sentence because the aggravating factor will be added, or will they still be eligible for standard determinate sentences?
Catherine Atkinson
It adds to the seriousness of the offence—it is considered an aggravating feature when it comes to sentencing. Obviously, sentences are determined by judges, as is absolutely right, to ensure that we maintain the rule of law. However, grooming is an aggravating aspect, as opposed to binding the final sentence that a judge gives. There will always be mitigating and aggravating considerations for the judge, and grooming has been made a clear aggravating feature. However, I would be happy to meet the hon. Lady to discuss this point if she would find that useful.
The Conservatives added just 482 prison places during their time in office, or 34 per year. If they had not closed 23 prisons, such as HMP Holloway, we would not be where we are now—if that prison had not been sold off to build flats, we would have more capacity. In comparison, the previous Labour Government added 27,830 places to prison capacity, and this Labour Government are embarking on the largest prison-building programme since the Victorian era. We have already delivered over 3,000 places.
Jess Brown-Fuller
I do not expect the Minister to know the answer to this question, but I would appreciate it if after the debate she could update the House on what progress has been made on HMP Dartmoor. It was closed in 2024, and it has been suggested that it will be closed for three years. That could open up capacity of an additional 400 spaces without needing to build a new prison.
Catherine Atkinson
I will ensure that the Under-Secretary of State for Justice, my hon. Friend the Member for Rother Valley (Jake Richards), writes to the hon. Lady.
Oral Answers to Questions
Jess Brown-Fuller Excerpts(3 weeks, 6 days ago)
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Jess Brown-Fuller (Chichester) (LD)
Charlotte Meijer will never have access to her transcript, because her case was heard in a magistrates court where no recording was made. The Government are seeking to address that, but Charlotte has continued to campaign for all victims of crime so that they can gain access to free transcripts, given that some are still being quoted costs of thousands of pounds. Her campaign, Open Justice for All, is calling on the Government to go further and faster to make the justice system fair, transparent and open.
This is a cross-party issue, and I know that many Back Benchers in the Minister’s party feel passionate about it. Will she assure the House that the job is not done, and recognise the desire for all court transcripts eventually to be made free and accessible for all victims?
Sarah Sackman
I know that the hon. Lady is a great advocate in this regard. I have had the pleasure of meeting Charlotte on a number of occasions, and I know how important her campaign is. The hon. Lady is right: owing to the Government’s commitment to audio recording and the capital investments that we are making to enable it to happen, change is coming soon and fast. We will seek to go as far as we are able while preserving the accuracy of those transcripts.
Jess Brown-Fuller (Chichester) (LD)
The Guardian reported last week on the case of a US air force officer accused of drugging, strangling and raping a British woman in his apartment. Although the incident took place off duty, off base and on English soil, the case was removed from the jurisdiction of the English courts and was instead tried by US court martial at RAF Lakenheath, with an all-male panel who were all from his base. Does the Secretary of State agree that victims of crimes on English soil should see justice served in our justice system?
Mr Lammy
Halving violence against women and girls is a decade-long mission for this Government. That case is extremely concerning, and our thoughts are with the victim, Sarah. Given the cross-agency nature of this case, my officials are working across Government, and we are raising it with the US Government to establish the full facts.
Home Office and Ministry of Justice
Jess Brown-Fuller Excerpts(4 weeks ago)
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Sir Ashley Fox
I do not believe that information was provided, certainly not when it was presented to me, but if the hon. Lady has it, no doubt she will send it to me.
Jury trials and staff absence are not the only areas where the Government are focusing on the wrong issue; a similar problem emerges in the management of our prisons. The Government seem to believe that recklessly releasing many thousands of criminals early will address the crisis of overcrowding, instead of investing in measures to ensure that they do not reoffend. I fear that releasing so many criminals so early in their sentences risks a wave of reoffending in the future.
It is well established that when prisoners engage in meaningful educational or vocational courses, there are sizeable reductions in reoffending. More than 50% of adult prisoners have the literacy skills of an 11-year-old or lower; knowing this, one might think that the Government would seek to address the problem. The earned progression model should surely ensure that participation in education and training is compulsory to secure the very early releases that the Government are proposing. Instead, this Government are choosing to reduce the provision of prison education, astonishing though that might seem.
That is of huge concern, because investment in prison education is cost-effective. Research in 2018 showed that the economic benefits of lower reoffending and higher levels of employment after release outweighed the costs of prisoner education by a ratio of 5:1. In this instance, the problem is not that the budget has been cut, but that the cost of supplying that education has risen so significantly that the volume of core education delivered this year will be cut by 20% to 25%. Instead of addressing why those costs have increased or exploring more competitive and flexible commissioning models to incorporate smaller providers, the Government’s response has been to cut provision. That is short-sighted. If the MOJ is so poor at entering into contracts, may I recommend to the Minister that that budget is entirely devolved to prison governors? I believe they would be better at bringing together local businesses to provide the education they need for the prisoners in their care. It would certainly be better than paying Serco, Capita or whoever £100 million a year to deliver less education each year.
Jess Brown-Fuller (Chichester) (LD)
The hon. Gentleman is making an excellent point about the ability of prison governors to spend money. I was speaking to a prison governor recently, who said that because of the amount he is allowed to spend, when the washing machine breaks, he cannot purchase a commercial one. He keeps buying ones from the high street, which naturally break after a week or so because of the level of washing his prison has to do. Does the hon. Gentleman agree that giving prison governors some more flexibility so that they can make decisions for the prisons they know best would actually save the MOJ money in the long run?
Sir Ashley Fox
I thank the hon. Lady for her intervention, and I agree with her. Members of the Justice Committee hear that all the time when we visit prisons. For example, broken security netting cannot be repaired or replaced until some very long and convoluted process goes through Whitehall and comes back six months later, no doubt after many drones have flown in with however many packages of contraband goods. It is absolutely hopeless. We have to devolve proper responsibility and financial management to prison governors. Sitting on the Justice Committee, I have seen and heard at first hand the reality of how reduced educational opportunities are putting rehabilitation at risk, yet despite awareness of these dangers, the Government only partially accepted our formal recommendation to prioritise the delivery of core education provision.
Estimates day debates allow the House to hold the Government to account, not just for how much they spend, but for how well they spend it. Curtailing jury trials for marginal gain and cutting back on prison education are not the reforms of a system focused on long-term effectiveness. If we are serious about delivering timely, fair and sustainable justice, we must prioritise the right kinds of investment that will deliver the reforms the justice system needs to protect victims as its No. 1 priority, to deliver justice and to get good value for money for the taxpayer.
Jess Brown-Fuller (Chichester) (LD)
It is a pleasure to speak in today’s estimates day debate on criminal justice, and I put on the record my thanks to the three Chairs of the Select Committees that suggested this debate to the Backbench Business Committee: the Chair of the Public Accounts Committee, the hon. Member for North Cotswolds (Sir Geoffrey Clifton-Brown); the Chair of the Home Affairs Committee, the right hon. Member for Staffordshire Moorlands (Dame Karen Bradley); and the Chair of the Justice Committee, the hon. Member for Hammersmith and Chiswick (Andy Slaughter). I also thank all hon. Members who have stuck it out in the Chamber on a Monday evening, who clearly care about criminal justice.
Politics is all about priorities, and so often the justice system falls a little short. Unless members of the public have had experience of the criminal justice system, have been victims of crime or have a loved one who has had the experience of going through the system, it does not necessarily appear in their top five priorities for the Government, but I thank all those who work to keep the criminal justice system functioning despite the lack of investment, the often crumbling infrastructure and the huge amount of pressure on them to ensure that justice is served.
The system as it stands lets down victims and defendants alike. It fails to rehabilitate offenders, and so many never see the justice that they deserve. The Crown court backlog is clearly unacceptably high, and that opinion is shared across the House. It is the biggest challenge that the justice system faces, as the hon. Member for Bridgwater (Sir Ashley Fox) said in his contribution. Its exponential growth requires urgent action, but the fix does not lie in taking a sledgehammer to jury trials. Jury trials provide a fundamental safeguard of fairness and liberty, and they are not the cause of the backlog.
We on the Liberal Democrat Benches do not fundamentally believe that the Government have successfully made the case that their reforms will reduce the backlog or make any cost saving to the Department. The modelling has still not been made available, and the estimates behind the claimed time savings have been widely questioned. Even accepting the Government’s own estimates, it will take a decade for the backlog to fall below current levels. Indeed, the backlog is currently predicted to continue increasing and to surpass 100,000 cases by the end of next year.
What has been proven to reduce the backlog across the country is the very welcome uncapping of sitting days, and we are pleased that His Majesty’s Courts and Tribunals Service has been allocated a £143.1 million uplift, including the funding for uncapped sitting days. With the previous increases in sitting days that the Government announced in the last round, Crown court backlogs are beginning to fall. The Old Bailey reduced its backlog in 2025. In Chelmsford, it fell by 10%, and Maidstone saw a 5% reduction in its backlog. Across the country, the overall Crown court backlog in the last quarter fell for the first time in three years. So the truth is that proper funding for our courts and open sitting days are bringing down the backlog, and we are yet to see the result of the full uncapping of sitting days, which came into place only in April.
Given the scepticism that the right hon. Member for Makerfield (Andy Burnham) has expressed about jury trial reform, I hope the Government will give serious consideration to changing course. He told BBC Radio Manchester that the Government should
“pause…this and take a step back and have proper consideration”,
as the hon. Member for Congleton (Sarah Russell) mentioned.
On another area of the criminal justice system, we Liberal Democrats have put forward several amendments, such as training for court staff, so that the victim experience is better, because victims often report feeling unsupported or unheard. The Government must do more to continue their journey to ensure that the court system centres victims’ experience. Part of that experience is the processing after a criminal case, and access to court transcripts for victims. I acknowledge that the Government have made steps to improve access, after robust negotiations in both Houses on various Bills since July 2024, most recently the Sentencing Act 2026 and the Victims and Courts Act 2026.
I put on record the exemplary effort made by my hon. Friend the Member for Richmond Park (Sarah Olney), who has been campaigning to ensure that court transcripts are made available for free to victims of crime, after a constituent of hers was quoted thousands of pounds to access the transcript of her own court case. Nobody should be priced out of seeing their own story in black and white after they have gone through a Crown court experience. Charlotte Meijer and the campaign Open Justice for All have been campaigning incredibly on this issue. They have published a letter calling on the Deputy Prime Minister to go further and faster, and that includes ensuring that magistrates courts are recorded and sentencing remarks are made available for free in all courts.
We are not here to discuss the Courts and Tribunals Bill, but it does not seem to be progressing currently or coming back to the House in any rush. I would be quite happy for clauses 1 to 8 to never appear again, but other clauses that do really important things—introducing recording in magistrates courts, repealing the presumption against parental responsibility—are key to strengthening our justice system and our family courts.
We repeatedly hear stories of failings in infrastructure such as roofs collapsing, IT systems not working, and evidence being shared on a memory stick and being lost during a hearing. The Ministry of Justice must get a grip of this chance to change that and to improve the environment for those working in the courts and those attending them.
I will briefly move on to prisons, which continue to run very hot. They are overcrowded, understaffed and increasingly unable to rehabilitate offenders. Violence is rife, with an average of 28 assaults on staff every day across the prison estate. On the point made by the hon. Member for Bridgwater about higher sickness levels, I think that is in large part due to the stress experienced by prison staff. We see the same in the Probation Service, which has a much higher sickness rate than other civil service departments, and I think it is also largely due to stress.
The Liberal Democrats believe that rehabilitation must be at the heart of any approach within our prison system. That means investing in better education, alongside introducing a through-the-gates mentoring programme to support prisoners as they transition back into society. Education is a key area. I recently raised it with the MOJ, because Government analysis shows a significant decrease in core education hours in public sector prisons. That has been felt most acutely in women’s prisons, where there has been a 30% fall in the number of hours for which women can access prison education. The Government urgently need to set out a plan to reverse that trend, otherwise the cycle of reoffending will simply continue for far too many people. Reoffending, as mentioned by the Chair of the Public Accounts Committee, is estimated to cost taxpayers £20.9 billion every year.
I sat down with a group of ex-offenders earlier this year, working with the organisation Revolving Doors. One of the ex-offenders I was chatting to had been in prison 17 times on short sentences. He explained that drug addiction was ruling his life; when he was released from prison, in order to fund a drug addiction that was costing him £250 a day, he would commit theft to the value of £750 a day. He would re-sell the stolen items so that he could afford his drug habit. This shows that there is a cost to our businesses as well. If we do not get the criminal justice system working, and if we do not invest in people and stop the cycle of reoffending to fund addiction, those people get trapped in the criminal justice system. Nowhere in our system is the “investor save” principle stronger than in our criminal justice system.
A well-functioning Probation Service is indispensable to rehabilitating ex-offenders. A dysfunctional Probation Service fails victims. Probation officers are expected to manage ever larger caseloads while receiving less training. Combined with poor pay, it is little wonder that many leave, despite wanting to help. A probation officer said to me, in one of my surgeries, that when she first started in probation 30 years ago, she spent 30 minutes with an offender she was managing. When she came out of the meeting, her boss said, “Why on earth did you only spend 30 minutes with that person? How on earth could you get to know them in just 30 minutes?” She said that if she spends 30 minutes with somebody now, she is told she needs to speed up because she has spent far too long with them and has far too many people to get through. She has stuck it out—she is still in the Probation Service—but so many people leave. We have a real retention crisis, because nobody goes into probation to tick boxes; they go in because they truly believe that they can change people’s lives.
In February this year, the Public Accounts Committee published a report on the efficiency and reliability of the Probation Service. It concluded that
“the Probation Service in England and Wales is failing”,
that it is
“teetering on the edge of collapse”,
and that its performance has significantly worsened since the MOJ and His Majesty’s Prison and Probation Service brought probation under full public control in 2018-19. The failure of the system is epitomised by record numbers of prisoners being recalled to custody. At the end of March 2025, recalled prisoners accounted for 15% of the entire prison population—a 49% increase since 2021. I recognise that the Government will have invested £700 million in probation by 2028-29, but we are yet to see a significant step change to show that that investment has stabilised the service. It is not just about the investment, though; it is about the culture shift that is desperately needed in probation. I have had many conversations with the Prisons Minister in the other place on this topic and I know it is something he feels passionately about.
Keeping the public safe also requires improvements to policing, a return to visible neighbourhood policing and an end to the scourge of officers stuck behind desks completing administrative work. Even though policing has received an uplift, cases are, as the hon. Member for North Cotswolds said, far more complex and require far more police time. This situation—alongside the alarming reduction in police front counters and stations—has left communities, especially those in my constituency, feeling abandoned. I should not see constituents turning around with shock when they see a police officer walking down the street with me in areas like Selsey; they are so not used to community policing people acted like they had never seen a police officer before when they saw us. The Government should commit, as part of their upcoming police force reorganisation, to embedding a dedicated rural and coastal crime team in every police force, ensuring that rural crime does not go unpunished.
Prisoner Early Release
Jess Brown-Fuller Excerpts(4 weeks ago)
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Jess Brown-Fuller (Chichester) (LD)
I pay tribute to the victims and survivors of some of the most appalling, heinous crimes for their bravery in speaking out about the fear they have felt after receiving letters from the Ministry of Justice informing them that their perpetrators might be let out early. I understand that the purpose of the letters is to ensure that victims have the opportunity to engage with licence conditions, but what other support will be available to those victims who understandably feel retraumatised and let down by the justice system?
In the other place, the Prisons Minister made a commitment that those released early would be subject to intensive supervision, supported by a significant programme of electronic tagging. The Liberal Democrats were clear that the Government could bring forward those measures only if the Probation Service was adequately resourced to achieve this in the community. The Prisons Minister agreed to an annual review of the state of probation and its ability to cope with the changes. When can we expect the first review?
Finally, the Government inherited a prison system that was running so hot that they were at risk of losing the ability to lock up any offender. Can the Minister guarantee from the Dispatch Box that no victim will ever again be given just two days’ notice, or in some cases no notice, of their perpetrator being released, as they have suffered in recent years?
Jake Richards
I thank the hon. Lady for her question. I will deal with her three points. As I said in my earlier response, we are determined to ensure that victims’ voices are heard. We have invested £15 million in victim support services, and victim liaison officers will clearly be involved in many of those cases. The Victims Minister, my hon. Friend the Member for Derby North (Catherine Atkinson), is beside me on the Front Bench and will have heard her very important point.
The hon. Lady is right that public safety can be ensured only by investing in probation. That is why we have made the biggest investment in a generation—£700 million—and that investment is now beginning to bear results, with caseloads coming down significantly for the first time in a long time.
The hon. Lady is absolutely right that we need to give due notice to victims of what is happening with their perpetrators so that they are informed and are involved in the process. Under the last Government that did not happen, but it will happen now. I gently remind Members that some victims have opted out of the contact service. We cannot say today that all victims will be contacted, but all those who are involved with the contact service will receive that notice.
G7 Summit
Jess Brown-Fuller Excerpts(1 month ago)
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Jess Brown-Fuller (Chichester) (LD)
Thank you, Madam Deputy Speaker.
“For every tear of an Israeli mother, a thousand Lebanese mothers must weep. All of Lebanon must burn!”
Those are the appalling words of Israeli Minister of National Security Ben-Gvir, posted three days ago. I know that the Deputy Prime Minister will stand up and condemn this genocidal and, frankly, psychopathic language. Considering the very fragile ceasefire with Lebanon, does the Deputy Prime Minister see any version of lasting peace in the middle east with Ben-Gvir continuing to serve in Netanyahu’s Cabinet, and are further sanctions on him possible?
Oral Answers to Questions
Jess Brown-Fuller Excerpts(2 months, 1 week ago)
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Jess Brown-Fuller (Chichester) (LD)
The Government are talking a good game on reducing the cycle of reoffending, but meaningful prison education plays a key role in that objective. Recent analysis has found a significant decrease in the core education hours in public sector prisons. That has been seen most acutely in female prisons, where there has been a fall of 30%. What is the Minister doing to reverse that decline in education hours across all prisons, end the postcode lottery that we see currently, and ensure that obligations to equality are met?
Jake Richards
The hon. Member is right to raise the importance of education in our prisons. The scandal with education in our prisons is that there are classrooms and workshops that are left empty day in, day out, because the prison system remains unstable and capacity is going through the roof. This Government have been rightly focused on getting stability into the prison system. We will make announcements about investment into education, but we will also be using the private sector and the third sector, not just Government contracts. Again, Lord Timpson will be making announcements on that in due course.
Jess Brown-Fuller (Chichester) (LD)
I come with good news: with increased funding from the Government, uncapped sitting days and improved disposal rates, backlogs in the Crown courts are falling. At the Old Bailey in 2025, the backlog fell by a quarter, in Chelmsford it fell by 10%, and Maidstone saw a 5% reduction. The truth is that proper funding for our courts and uncapped sitting days are bringing down the backlogs, but the Government are choosing to ignore that data and are persisting in taking a sledgehammer to jury trials, although that will not deliver shorter wait times for victims. Why will the Minister not trust those in the justice system who want to deliver for victims using the increased funding and resource that he has delivered for them?
Mr Lammy
I am grateful to the hon. Lady for recognising that we have seen a small reduction because of the increased investment I have put in, and because of the extra sitting days; the modernisation that we have talked about, and enlisting artificial intelligence in particular, will also make a difference. However, given the size of the backlog, if we are serious about bringing it down over the next few years, we will need reform as well.
Youth Justice
Jess Brown-Fuller Excerpts(2 months, 1 week ago)
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Jess Brown-Fuller (Chichester) (LD)
The Government’s White Paper represents a truly critical opportunity to transform the youth justice system and, importantly, reduce lifetime offending. We know that most offenders in our prisons today are repeat offenders and that persistent offending often begins early in life, with eight in 10 prolific offenders in England and Wales committing their first crime as a child. We must stop this chain of escalation, and the earlier we intervene, the better.
Nowhere is that more applicable than for children in care, those from ethnic minorities and those with special educational needs, who are disproportionately represented in the justice system. Will the Secretary of State set out how this overhaul will ensure that these children, given their specific vulnerabilities, will receive the targeted support that they desperately need?
May I take this opportunity to highlight the great work of the organisation SHiFT and encourage the Justice Secretary to engage with it? I believe that SHiFT’s model could be rolled out across the country, helping young people before they even commit their first crime?
Education for young offenders can be a crucial step in diverting them from a path to reoffending. We are pleased that the Children’s Commissioner will undertake a review of education in young offender institutions, but can the Justice Secretary ensure that it will take into account the fact that 80% of young people who are sentenced have special educational needs and make sure that the support they are getting in those institutes is fit for purpose?
The Youth Justice Board provides vital independent oversight of the youth justice system, yet the Government have chosen not to act on the report they commissioned from Steve Crocker, instead bringing a number of the board’s functions more directly within the remit of the Ministry of Justice. What is the purpose of those reforms? What benefit will the Government gain from bringing those functions in-house, and will the Justice Secretary address the concerns from across the sector that these reforms risk reducing specialist experience and weakening independent accountability?
Finally, will the Secretary of State set out how the use of parenting orders will affect the recruitment of foster parents, those being asked to take on special guardianship orders or kinship arrangements, and those considering adoption? If parenting orders will not apply to those families, how will they be supported effectively to ensure that this measure does not lead to further family breakdowns and more children ending up in the care system?
Mr Lammy
I am grateful to the hon. Lady for the manner in which she made her remarks. She understands that we have seen this revolving door, where two thirds of children and young people released from custody go on to reoffend, and many of those young people are extremely vulnerable. We have to do something about it.
I thank her for mentioning the cohort of young people —way too many—who are within the care system. I am very grateful that the Minister responsible for children in care, my hon. Friend the Member for Whitehaven and Workington (Josh MacAlister), is on the Front Bench today alongside me. He takes a huge interest in the work that our Departments do together to deal with this area.
The hon. Lady mentioned young people who are adopted. She knows that I am a parent of an adopted child, and I take these issues extremely seriously. She is right, and we are looking in totality at the way in which parenting orders have worked. There must be something going wrong if the number of parenting orders issued has fallen over the last decade from more than 1,000 to just 33 last year. We have to look at it in the round and ensure that judges have the right tools to support parents and guardians over this next period.
The hon. Lady raises the reforms we are making to the Youth Justice Board. It is still the case, if we look across the country, that there is a postcode lottery. We have to eliminate that postcode lottery, which also exists because of online harms, because of grooming, because of mental health and because of neurodiversity. I was in Feltham recently and I saw the good work that it is doing with young people who are neurodiverse. It is important that the Department, working with our colleagues in the Department for Education and the Department of Health and Social Care, bring some of these powers back to the centre so that we can get coherence across the country and end that postcode lottery.
Courts and Tribunals Bill (Twelfth sitting)
Jess Brown-Fuller ExcerptsTuesday 28th April 2026
(2 months, 4 weeks ago)
Public Bill CommitteesRead Full debate Courts and Tribunals Bill 2024-26 View all Courts and Tribunals Bill 2024-26 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 28 April 2026 - (28 Apr 2026)
Jess Brown-Fuller (Chichester) (LD)
I appreciate the work the Minister is doing with the Prisons Minister. Can she explore something that has been reflected to me by court staff and judges working in the system? The PECS contract will say that it is delivering 99% of prisoners on time, and refer to the data that shows how many times PECS has delayed a case. But, because of the way we record the data in HMCTS, if a judge knows that the prisoner is not going to arrive until 11 am, they will make a decision not to sit until 12 pm. That is recorded as a judge’s decision, rather than reflecting that the reason for the delay is that the defendant has not been delivered to the court on time. Will the Minister take that away and work out whether there is a way of analysing and scrutinising the data slightly differently from how the PECS contract will try to explain it?
Sarah Sackman
The hon. Lady makes a fair point. There is a mismatch between the performance data that PECS has recorded and the qualitative evidence that one hears from barristers and the judicial office as to the time that is being lost because prisoners are not being produced on time. One of the things we discussed in the first meeting of the oversight board was that we need to have a shared understanding of the data and how we capture it.
Another important theme, which we will come to in respect of another new clause, is remote hearings. Clearly, while we absolutely need to improve and speed up the operation of prisoner transport, and initiatives like opening up bus lanes are all to the good, we also have a demand issue. If we want to reduce the demand for prisoner transport, unless it is needed to further the interests of justice, one way to alleviate some of the pressure is to make greater use of remote hearings. This kind of cross-agency working and grip, with ministerial attention, as well as taking soundings and engaging with the Bar, which sees the effects every day, is going to be really important.
We are expanding case-progression functions and case co-ordinators to every Crown court; introducing staff with delegated judicial powers to focus on progressing cases; and sorting out problems that would otherwise take up judges’ time and reduce the hearing time that we spoke about earlier. All those things are under way and will drive at the problem. But I want to be honest with the hon. Member for Reigate, and others who maintain the argument that we should make the efficiencies and have the uncapped sitting days and the investment before we trouble ourselves with reform.
I am a realist, and when I look right across Government, questions of efficiency and productivity challenge our public services all the time. Of course we want our systems to be more efficient, and so we should—the taxpayer deserves nothing less—but we have the insight of the independent review, and our own modelling, which assumes that we have maximalist investment coupled with 5% efficiency gains year on year, and those two things together will not reduce the backlog. They temper it and dampen it down, but they do not cut into it. Assuming efficiency gains above 5% year on year would be optimistic for the system. If it were easy to do, previous Governments would no doubt have achieved it. I am not going to assume more than a 5% efficiency gain, because to do so would be setting ourselves up to fail.
This is probably the area where I take issue with the Institute for Government, because although it accepts, in broad terms, the time savings that can be made through our reform package—I understand that Members will say, “The assumptions are highly uncertain” and all the rest of it—it assumes that we can revert to the efficiency levels that existed pre-pandemic. It essentially assumes an efficiency gain of between 18% and 20% practically overnight, and I simply do not think that that is achievable.
Of course we want to drive improvements in prisoner transfer. Of course we hope that case co-ordinators will get the systems going through, and that blitz courts will work, particularly in London, where things are most acute. But I am not prepared to assume that all that will cumulatively amount to efficiency gains of more than 5% year on year, because we have all seen the lessons, not just from the criminal justice system but right across public services, in respect of how difficult efficiencies are to achieve.
That is why we are pulling every lever—not just the investment or the efficiency drive but the structural reforms—so that the investment is going into a reformed, modernised system that takes the decision to reallocate work to the magistrates court, where we know that cases are dealt with in a more timely and proportionate fashion, and out of the Crown court. That is what all these reforms amount to.
I know the establishment of the Crown court bench division keeps being cited because it will make a 2% saving, but we estimate that the package of measures taken together will make a 20% saving, because of the combined effect of the changes to magistrates courts’ sentencing powers and the magistrates retaining more work. We are pulling every lever because, when we combine all three levers, that will get the backlog down in the timeframe that the Deputy Prime Minister has set out in his various statements.
Jess Brown-Fuller
I thank the Minister for her comprehensive response to this group of amendments. We have talked heavily about efficiencies: the shadow Opposition and the Liberal Democrats have put forward alternative measures to improve efficiencies that were not explored in Leveson’s report. I asked Sir Brian if he had explored the concept of doing two trials a day. He said, “No, that wasn’t really something that I looked at.” But he was quite open to it. We had the same conversation that it seems the Minister had with him, where he said, “I used to be able to get through two trials in a day.” We know that that world does not exist any more.
Dr Kieran Mullan (Bexhill and Battle) (Con)
Interestingly, we have been told all along that this is about the complexity of cases, yet the evidence is that the number of hours that things have been looked at has shrunk. To me, that is a much bigger issue. If we have fewer hours in a day to operate, of course it is going to take longer to get through complex cases.
Jess Brown-Fuller
The hon. Gentleman is absolutely right. It is a worrying trend that the number of hours that are being used efficiently in Crown courts every day seems to be decreasing year on year.
The Minister spoke about not wanting to necessarily set a target. I agree with her: sometimes putting an arbitrary number on something does not actually reflect the situation. The previous Government attempted to do that, setting a target in 2019 to get the backlog down to a certain number. That does not always reflect the fact that the backlog could be a caseload 30,000 of the most complex cases that will take an incredibly long time to get to. Instead, we should look at the average time that it takes to get from charge to trial, and monitor whether we can bring that number down.
When I have talked about bringing that report to Parliament in new clause 5, it is not necessarily to say, “It was 80,000 and now it is 79,500,” because that does not reflect how long people are going to actually wait to have their cases heard. It is far more about the experiences of all of those people going through the system.
With regard to having reports established every year, the Minister spoke passionately, as she always does, about wanting to make sure that the reforms genuinely make a difference. But the Deputy Prime Minister has said that, even with all the reforms coming in together, he does not expect to see the backlog fall before the end of the Parliament. We need to be able to look at where the data is taking us every year, track what the backlog is doing, track the sorts of cases that are getting stuck in the backlog, and then scrutinise that, so that if there are other levers that can be pulled—whether they are things that have been suggested by me or by the shadow Minister—we have the opportunity to come back and review those things.
I am glad that the Minister recognises that trust in the criminal justice system is low anyway. It is not where it should be. I have said it before: the justice system is inextricably linked with how people view democracy. When trust in democracy is low, there is distrust in institutions, policing and the way our courts work. As cross-party parliamentarians, we have a duty to improve trust in all those systems. I worry that the measures in clauses 1 to 7 will not do that, but will erode trust.
Question put, That the clause be read a Second time.
Jess Brown-Fuller
I beg to move, That the clause be read a Second time.
New clause 7 would require the Lord Chancellor to lay before Parliament a strategy for victim-led case management in relation to criminal court proceedings. The Government have highlighted the challenges that victims face in their briefings on the Bill’s provisions in both the media and the Chamber. As we all know, it is victims who have been affected by the horrendous backlogs that we see today, and I have no doubt that the unacceptable delays will have caused victims of crime to step away or choose not to pursue the criminal justice route at all.
Sarah Sackman
Let me begin, as we all have in this Committee, by acknowledging the challenges that victims face in accessing the information and support they need. We have talked about the Government’s drive to centre victims in the criminal justice process.
I have a couple of things to say in response to new clause 7. First, there is lots of work under way. For example, on 5 February this year we launched a consultation on a new victims code to ensure that we get the foundations right for victims. Through the connecting criminal justice data programme, we are aiming to strengthen data sharing by seeing how we can both track and share that data with victims, as appropriate. We have published statutory guidance on independent sexual violence advisers and independent domestic violence advisers, recommending best practice for those roles. Of course, we have also begun to roll out the independent legal adviser service for rape victims. We have also undertaken consistent engagement; I met the Victims’ Commissioner just yesterday to discuss some of the ways in which we can marshal the over £500 billion-worth of investment that the Government have made in victims services, so that we can ensure that we have a victim-centred approach.
Case management is ultimately a matter for the judiciary, but taking into account the impact that delays in processes have on victims will of course form an important part of that. I would say that a publication strategy is not a matter best addressed through primary legislation, but I understand the thrust behind the hon. Lady’s proposal, and it is one that we would agree with.
Jess Brown-Fuller
The Minister mentions the increased funding to victims support services, which I know is a really important arm of what the Government are trying to achieve. I would just caution that some of the victims support services that I have spoken to have said that, because of the length of the backlogs and the delays in the current system, the increase in funding has only allowed them to maintain the status quo, because they are now supporting people for much longer, and they are trying to make sure that they stay engaged in the process. It has not allowed them to change up their practices or introduce some of the best practice that they would like to see, just because of the length of time for which they are now supporting victims through the system. I just wanted to get that on the record.
Sarah Sackman
I absolutely recognise what the hon. Lady says. That is why I come back to this: swifter justice for victims is the guiding principle behind all these reforms. As she says, the longer people are stuck waiting for their day in court, the longer they need to be supported. It becomes a vicious cycle, because we must expend more resource on victim support to keep them engaged in the process. It is not just that we do that for longer; it gets harder the longer they are stuck in the backlog. I very much agree with her: I would rather that money were redeployed to enhance what those victim support agencies can do. I do not think primary legislation is the vehicle for it, but I absolutely agree with the sentiment. I urge her to withdraw her new clause.
Jess Brown-Fuller
I am pleased the Minister recognises the Government must go a long way to do more for victims, but it is getting harder for services such as victim support to manage an ever-increasing caseload. I am keen to press this new clause to a vote, because the idea of victim-led case management, which many of the courts are keen to adopt, is a key tenet of improving victims’ experience in the system.
Question put, That the clause be read a Second time.
The Chair
With this it will be convenient to discuss the following:
New clause 9—Judicial training: violence against women and girls—
“(1) Any member of the judiciary who may be assigned to proceedings for a trial on indictment without a jury must have access to training on matters relating to violence against women and girls.
(2) Training provided under subsection (1) must cover—
(a) the nature and dynamics of violence against women and girls, including—
(i) domestic abuse,
(ii) sexual violence,
(iii) coercive control, and
(iv) so-called honour-based abuse;
(b) best practice in hearing cases involving violence against women and girls, including ensuring fair and trauma-informed proceedings.
(3) The Lord Chancellor must by regulations specify how often members of the judiciary must undertake such training.
(4) The Lord Chancellor must lay an annual report before Parliament on the provision and uptake of training provided under this section.”
This new clause requires the provision of training for the judiciary focused on violence against women and girls.
New clause 10—Judicial training: domestic abuse—
“(1) Any member of the judiciary who may be assigned to proceedings for a trial on indictment without a jury must have access to training on matters relating to domestic abuse.
(2) Training provided under subsection (1) must cover—
(a) the nature and dynamics of domestic abuse, including physical, emotional, psychological, sexual, and economic abuse, as well as controlling or coercive behaviour;
(b) best practice in the management of cases involving domestic abuse, including ensuring fair and trauma-informed proceedings.
(3) The Lord Chancellor must by regulations specify how often members of the judiciary must undertake such training.
(4) The Lord Chancellor must lay an annual report before Parliament on the provision and uptake of training provided under this section.”
This new clause requires the provision of training for the judiciary focused on domestic abuse.
New clause 30—Duty to provide trauma-informed training—
“(1) The Lord Chancellor must ensure that appropriate training is made mandatory for members of all court staff working in the criminal courts on best practice in relation to victims' trauma.
(2) Training under subsection (1) must include—
(a) the nature, prevalence, and impact of domestic abuse, coercive and controlling behaviour, and rape and serious sexual offences (‘RASSO’);
(b) the dynamics and psychological effects of trauma on parties and witnesses involved in proceedings;
(c) the identification and appropriate handling of cases involving domestic abuse, coercive and controlling behaviour, and RASSO offences;
(d) the ways in which trauma may affect memory, communication, behaviour, and engagement with court proceedings;
(e) best practices for reducing retraumatisation within court and tribunals settings.
(3) Training provided under this section must—
(a) on initial appointment to a role within a court, and at regular intervals thereafter;
(b) reflect current best practice and be informed by up-to-date research and guidance;
(c) be developed in consultation with appropriate experts, including specialist support organisations and persons with lived experience of abuse and trauma.
(4) The Lord Chancellor must keep the training under review and revise it as appropriate.
(5) The Lord Chancellor must publish guidance on the implementation of this section.”
This new clause would require the Lord Chancellor to ensure that members of the court staff working in the criminal courts receive mandatory, consistent training on trauma-informed practice to improve understanding of how trauma affects victims’ evidence, behaviour, and engagement with court proceedings.
Jess Brown-Fuller
Me again. The new clauses would require provision for the training of the judiciary and, under new clause 30, for court staff. Each of these clauses focuses on a different area. New clause 8 focuses on discrimination against ethnic minorities, including racial bias and the impact on judicial decision making. New clause 9 requires the provision of training for the judiciary focused on violence against women and girls. New clause 10 requires the provision of training for the judiciary focused on domestic abuse. New clause 30 requires the Lord Chancellor to ensure that all members of court staff working in the criminal justice system receive mandatory and consistent training on trauma-informed practices, to improve understanding of how trauma affects victims’ experience, behaviour and engagement with court proceedings.
The reasons for the new clauses—they are tabled for basically every part of justice legislation—are that there is real frustration among organisations and charities working in the criminal justice space that Parliament does not have the ability to legislate for the judiciary to have mandatory training. How do we square the circle of all those campaign organisations sounding the alarm and saying that, in order for us to make these very serious changes in moving to judge-alone trials, we must ensure that judges approach them with trauma-informed practices in mind?
That was raised in the evidence session by Farah Nazeer from Women’s Aid. When we asked her, “What would you need to see in order for this Bill to give you the confidence that victims will have a better experience and women will be better supported through the criminal justice system?” she said:
“One is training for the entirety of the court staff, because the stories that we hear and the experiences that we support women and children through are frankly appalling. The staff are not trauma-informed and there is no understanding of what a victim is going through. The courts are weaponised and survivors are brought back to the courts repeatedly. It is an appalling process. No policy area that you work on at Women’s Aid is a picnic, but this is the worst.”––[Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 27, Q53.]
In the same evidence session, Claire Waxman, the Victims’ Commissioner, said:
“I have made that point for years, regardless of these reforms. We have to improve and get reassurance around judicial training, including training on cultural competency, on understanding bias and prejudice and on the dynamics of abuse. We still see issues around coercive control, post-separation abuse and stalking. I need to be reassured that judges are being trained to the level that will give assurances to victims and to myself that they understand what is coming in front of them.”––[Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 14, Q25.]
I know that there has been significant progress, and that the organisation Fair Hearing has worked closely with the judiciary to do training about violence against women and girls and to make sure that judges are trauma-informed in their practice, but it is not mandatory. One comment that stuck with me from the evidence session was from Charlotte, one of the victims who presented evidence. She noted, of her judge:
“She said that, because I waited eight months to report, I was unreliable, and that I had clearly spoken to other victims of domestic abuse, so I knew what to say. Those comments really stuck by me.”––[Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 26, Q51.]
The very concept that a judge looks at somebody who is trying to share their experiences and says, “Well, they’ve just trained for this,” is pretty appalling. It causes me to doubt that all judges are engaging in the judiciary training as effectively as they could be.
Joe Robertson (Isle of Wight East) (Con)
I seek clarity on whether the new clause would apply to all judges or just to those in the criminal courts. In the family court the idea is to bring in expertise around the sort of issues that she talks about from agencies—such as the Children and Family Court Advisory and Support Service, and even social services—in which there are lots of trained people, but that system does not always ensure that the judge is best placed to make a good decision, as we have seen in evidence. Will the hon. Lady clarify that point?
Jess Brown-Fuller
The feeling of the organisations and charities that I have spoken to is that everybody in the judiciary should have the opportunity to go through trauma-informed training and training around violence against women and girls, around coercive control and around recognising and identifying racial bias so we can make sure that every victim is confident—whether they are going through the criminal or the family justice system—that everybody they will come in contact with understands them and the additional support that they may require.
I am sure that the Minister will say that the Government cannot mandate training because the judiciary are independent. New clause 30 aims to make sure that members of court staff, who are employed by His Majesty’s Courts and Tribunals Service, receive mandatory and consistent training on trauma-informed practice because they are the people who will support victims and witnesses through the criminal justice system. We clearly need to change our approach. In the evidence session, witnesses described an environment that is hostile to witnesses; we need one that stands up for their interests. Our new clause 30 should be the bare minimum across the courts estate, and represents a position supported by a number of organisations.
Sarah Sackman
I entirely agree that training, in all the respects that the hon. Member for Chichester speaks about, is key, whether it is training on equal treatment or on a trauma-informed approach to rape and serious sexual offences, or specific training pertaining to domestic abuse and identification of coercive and controlling behaviour, or to ensure the consistent application of special measures and evaluation of expert input into trauma-informed practice.
Jess Brown-Fuller
I thank the Minister for her remarks. I am still keen to see progress to ensure that everybody in the judiciary has that mandatory training. As we start to accept that domestic abuse so often plays a part in our criminal justice system—both for defendants and witnesses—and with the Government having made great strides in introducing a domestic abuse identifier for those who cannot be sentenced for a crime of domestic abuse, I think that having specially ticketed judges is something that we need to move away from. Instead, we should make sure that all judges have that special ticket, because they never know if they are hearing a case where a witness is taking somebody to court based on one thing but other things might be going on in the background. Having that trauma-informed training is really important and I will be seeking to push this new clause to a vote.
Question put, That the clause be read a Second time.
The Chair
With this it will be convenient to discuss the following:
New clause 27—Pilot of trial allocation reforms (No. 2)—
(1) The Lord Chancellor may not make regulations bringing sections 1 to 5 of this Act into force unless he has first made arrangements for a pilot scheme for the provision of those sections in accordance with subsections (2) and (3).
(2) A pilot scheme must—
(a) be for the purpose of trialling all provisions of sections 1 to 5 of this Act;
(b) be for such a period as the Lord Chancellor may by regulations specify, provided that the period under paragraph (a) is met;
(c) take place in at least one location in England and Wales as the Lord Chancellor may by regulations specify.
(3) Within 12 months of the conclusion of the pilot scheme under subsection (2), the Lord Chancellor must—
(a) assess the impact of the pilot scheme on—
(i) the timeliness of the disposal of cases included in the pilot scheme,
(ii) appeal rates relating to those cases,
(iii) the outcomes of those cases,
(iv) defendants’ access to trial by jury, and
(v) public confidence in the criminal justice system; and
(b) Lay before Parliament a report on the assessment under paragraph (a).”
This new clause would require the Government to pilot the removal of the right to elect trial by jury before national implementation, and to report to Parliament on its impact.
Amendment 16, in clause 26, page 35, line 19, at end insert—
“, subject to the provisions of subsection (3A).
(3A) The Lord Chancellor may not make regulations under subsection (3) relating to the following sections until the pilot in accordance of section [Pilot of trial allocation reforms (No. 2)] has been concluded—
(a) Section 1 (Removal of right to elect trial on indictment);
(b) Section 2 (Written indication of guilty plea: removal of right to object to venue);
(c) Section 3 (Trial on indictment without a jury: general rule for allocation);
(d) Section 4 (Trial on indictment without a jury: complex or lengthy cases);
(e) Section 5 (Consequential amendments relating to sections 3 and 4);
(f) Section 6 (Increase in maximum custodial sentence in magistrates’ courts);
(g) Section 7 (Appeals from magistrates’ courts).”
This amendment is consequential on NC11.
Amendment 60, in clause 26, page 35, line 19, at end insert—
“, subject to the provisions of subsection (3A).
(3A) The Lord Chancellor may not make regulations under subsection (3) relating to the following sections until the pilot in accordance of section [Pilot of trial allocation reforms (No. 2)] has been concluded—
(a) Section 1 (Removal of right to elect trial on indictment);
(b) Section 2 (Written indication of guilty plea: removal of right to object to venue);
(c) Section 3 (Trial on indictment without a jury: general rule for allocation);
(d) Section 4 (Trial on indictment without a jury: complex or lengthy cases);
(e) Section 5 (Consequential amendments relating to sections 3 and 4).”
This amendment is consequential on NC27.
Jess Brown-Fuller
The new clause is consequential on amendment 16. Amendment 16 would require the Government to pilot the removal of the right to elect trial by jury before national implementation and report to Parliament on its impact.
The design of these reforms has not been tested in practice, and there are many different estimations of their impact on the backlog. The Institute for Government’s modelling suggests that that is likely to be around a 7% to 10% reduction in total time taken in the courtroom, with just 1.5% to 2.5% of that coming from the introduction of judge-only trials in the Crown court bench division. The Government’s impact assessment indicates an expected saving of 27,000 Crown court sitting days. That is based on the fact that cases heard in the bench division will reduce the time per hearing by 20%.
That 20% figure is an estimate that Sir Brian Leveson uses in part 1 of his independent report of the criminal courts. He is explicit that, should the Ministry of Justice
“consider pursuing this course of action, it may wish to consider undertaking further detailed analysis in order to understand the potential time-saving fully.”
That figure is based on a different package of reforms. Sir Brian includes the reclassification of some offences and the removal of the right to elect for some low-level figures.
The Government have used the 20% figure as a starting point, which is problematic. It is the number that informs their modelling, but there is no concrete data to prove that this would be the case. Policymaking must always be evidence-led. That imperative is even more urgent when such legislative reforms restrict fundamental rights. Time savings must be considered holistically. With no juries in the bench division, judges will have to provide a reasoned judgment for their decision. The Bill stipulates that this judgment must state the specific reasons for the conviction or acquittal. That represents a change from traditional jury trials, where juries do not provide written or spoken reasons for their verdict. The composition of these judgments will be time consuming for judges, who will have to ensure that their conclusions are legally tight. If the Government truly believe that the reforms laid out in the Bill will genuinely reduce the backlog, they should prove it before making a change to our justice system that we will never see reversed.
Sarah Sackman
We are not going to do a pilot, not because piloting is not a good idea per se, but because a pilot would necessitate legislation, which is why the hon. Lady has proposed it in this way, and because it would lead to a criminal justice system with different models running in parallel. That is okay—that happens with pilots and trying new things, I understand that—but fundamentally we are not piloting the changes to courts because of the extent of the crisis we are in.
We need to bear down on the backlogs. We are satisfied that we have the evidence that the package of reforms will deliver significant time savings in the Crown court to achieve those efficiencies. We think we have struck the right balance between access to jury trial and speeding up the courts. For that reason, we maintain that we do not need to do a pilot here.
We do not have anything against piloting per se, but in a world in which the demands on our criminal justice system are changing, we must keep up. We have thought long and hard, based on independent review. I would suggest that that is an evidence base.
Jess Brown-Fuller
If the Government will not agree to a pilot or to a report that would allow us to scrutinise whether the changes that they have introduced in the Bill actually make a difference to the Crown court, how are Labour and opposition MPs able to scrutinise whether these changes have made a fundamental difference to the backlog, especially if a sunset clause, which I am sure we will get on to shortly, is not included?
I totally recognise Sir Brian Leveson’s eminence and experience—he is right to point that out and has written a very comprehensive report—but people with thousands of years of combined experience within the criminal justice system are saying this will do nothing to reduce the backlog. I therefore would like the Minister’s guidance on how Members from across the House are supposed to scrutinise these decisions to see if they make a difference, if the Government will not agree to things like pilots or reports.
Sarah Sackman
I do not accept that the vast majority of the changes we are introducing are unprecedented; in the main, we are shifting caseload from the Crown court to the magistrates court, and we already have a way of testing that. Trials for either-way offences, some of which are already retained in the magistrates court, give us a direct comparison. People can elect the Crown court, and we can see that those retained in the magistrates court are dealt with more promptly.
We also saw evidence from international comparators, as well as from experienced judges. We think these are the right measures, and not only to deal with the backlog; they also have a normative basis in striking the right balance between defendant’s rights and those of complainants and victims. We think that is right. I understand that the Opposition disagree, but we think, based on the expert review we were provided with, that this is the right package. We do not think there is a need for a pilot, nor is there a need for a sunset clause.
Jess Brown-Fuller
I would still like to press my new clause to a vote, because having a pilot we can refer to, as in the earlier two-trials model, is really important. We should be data and evidence led as a Parliament.
Jess Brown-Fuller
I beg to move, That the clause be read a Second time.
The new clause would give victims a right to receive, free of charge, court transcripts on judicial summings-up and bail decisions relevant to their case. It would require that transcripts be provided within 14 days of a request and clarify that this right would applies whether or not the victim gave evidence in the case.
We spoke earlier in Committee about the important role of court transcripts. I recognise the challenges that the Government have in rolling out large-scale reforms to the way that we currently do court transcripts. The new clause is slightly more limited in its scope, because it specifically calls for transcripts on judicial summings-up and bail decisions relevant to the victim’s case. I know that the Government are doing a great deal in trying to move the dial on making sure that we slowly get to the point where everybody has access to court transcripts. As a spokesperson for an opposition party, I will continue to put pressure on the Government wherever I can to try and push them to go further and faster in this regard. I will not press the new clause to a vote.
Dr Mullan
I rise to speak briefly in support of the new clause. Whenever we talk about narrowed elements of a transcript, I always think to myself that, in giving these remarks, the judge will hopefully have written them down and not be doing these sorts of things off the top of their head. That is why I struggle to understand why these more limited elements are not more meaningful and easily available.
If a judge does not happen to write these sorts of things down, I do not think it will be much to ask them to do so and to make it so that the transcript can be quickly and easily checked. I appreciate that the hon. Member for Chichester will not press the new clause to a vote, but as she mentioned, in any opportunity we get we should push the issue of transcripts. It is particularly important in relation to, as we will come to talk about, the unduly lenient sentence scheme, because all these things would help somebody, in theory, to give an appeal a shot. If they do not have that sort of thing, it is much more difficult.
Sarah Sackman
The hon. Member for Chichester rightly acknowledges the significant amount of work that the Government are currently undertaking in this space, and we had an opportunity to debate that in Committee earlier.
In relation to the new clause, it might be worth briefly explaining why such an extension would not provide significant benefits compared with the systems already in place. In relation to bail decisions, a transcript of the hearing is rarely informative for victims. What victims need and want to know, and what the victims code already requires, is for victims to be informed of the outcome of the bail hearing and any conditions imposed. Those updates are already provided to victims by victim witness care units within five working days. We are currently exploring how responsibilities under the code are being met by the relevant service providers and how to better support them in the delivery of the code. To strengthen that further, once commenced, the Victims and Prisoners Act 2024 will introduce a compliance framework, requiring criminal justice bodies to keep their performance against the code under review.
Transcripts of judicial summings-up are unlikely to add significant value for many victims. Those remarks are given before the jury begins to deliberate and are intended to guide them by summarising the evidence and setting out the relevant law. They are not, and cannot be, a reflection of the jury’s decision. Without the full context of the trial, they may risk causing confusion rather than providing clarity. Before being released, summings-up must be manually reviewed to ensure that they are accurate. That, too, is resource intensive. In looking at where we can roll out making transcripts available at either low or no cost, we must target those areas that add value for the public and victims.
As I said when we discussed this last Thursday, we are focused on driving improvement for the longer term. That is why we are undertaking a study in the use of AI to transcribe court hearings. The findings will identify what is possible from AI transcription in a Crown court setting, in considering how to make the provision of transcripts more cost-effective. I think we are in a good place. As the hon. Member for Chichester says, there is more to do, and the Government would be grateful for work across the House to see how we can drive greater transparency in transcription in our Crown courts, but I urge her to withdraw her new clause.
Jess Brown-Fuller
I am happy to withdraw the new clause, on the basis that the Government continue to work on the measures that they have already introduced. Let me quickly put on the record the work of my hon. Friend the Member for Richmond Park (Sarah Olney), who has been campaigning for access to court transcripts for many years. She is delighted that we are now seeing progress. I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 13
Report on the effect of the Act on public trust and participation in the criminal justice system
“(1) The Lord Chancellor must commission a report on the effect of the provisions of the Act on public trust and participation in the judicial system.
(2) A report under this section must—
(a) include consideration of the effect of the provisions of the Act on—
(i) witness participation;
(ii) the effect of these reforms on public confidence and trust in the criminal justice system;
(iii) the effect of these provisions on BAME engagement with and trust of the criminal justice system;
(b) contain recommendations for further provision, or changes to delivery of provision under this Act, to increase the levels of each criterion set out in subparagraphs (2)(a)(i) to (2)(a)(iii).
(3) Within twelve months beginning on the day on which this Act is passed, the Lord Chancellor must lay before Parliament—
(a) a copy of a report under this section,
(b) the Lord Chancellor’s response to recommendations made by that report.”—(Jess Brown-Fuller.)
This new clause would require the Lord Chancellor to commission, lay, and respond to a report on the effect of the Bill on public trust in the criminal justice system.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
The Chair
With this it will be convenient to discuss new clause 24—Expiry of sections 1 to 7—
“(1) Sections 1 to 7 of this Act expire three months after the date on which the condition in subsection (2) is met.
(2) The condition is that number of cases awaiting trial in the Crown Court has been below pre-pandemic level in each of the previous four quarterly reporting periods.
(3) For the purposes of subsection (2) the number of cases awaiting trial in the Crown Court is that which is calculated by HM Courts and Tribunals Service.”
This new clause sunsets sections 1 to 7 of this Act so that they will not longer be in force once the court backlog has been resolved.
Jess Brown-Fuller
The new clause is a sunset clause that would require a report on the effectiveness of certain provisions of the Bill. If the report found that the provisions were not effective, the Secretary of State would have to bring forward regulations to repeal them; if it found that they were effective, the Secretary of State would have to set a deadline for their repeal and a return to full jury trials.
The design of these reforms has not been tested in practice. There are many different estimations of their impact on the backlog, and if they are shown to not be effective, they must not continue. If they prove to be effective at reducing the backlog, full jury trials could be reinstated when the backlog is reduced and we are working at a level that the criminal justice system can cope with.
Dr Mullan
My new clause 24 and new clause 18 in the name of the hon. Member for Chichester seek to achieve a similar outcome. Although there is broad agreement that the backlog is a challenging issue that must be addressed, we believe that any measure that curtails jury trial rights in such a significant—and, I would say, unprecedented—way should be proportionate to the problem it seeks to solve and be used only for as long as absolutely necessary while we are presented with this problem. Therefore, we propose a sunset clause to ensure that the powers expire once the court backlog has returned to pre-pandemic levels for a sustained period.
A sunset clause is a measure in a statute that provides for a law or specific provisions to cease to be effective after a predetermined date, or once a specific condition is met, unless Parliament takes further action to renew them. Although they have experienced a resurgence in recent decades as a tool for managing extraordinary or controversial measures, sunset clauses have been employed by Parliament since at least 1500. Historically and in contemporary practice, they serve vital democratic functions. They are used to facilitate the passage of controversial legislation by assuring critics and the public that the measures are temporary, rather than a permanent erosion. They act as a safeguard for democracy, particularly when emergency legislation is required, by preventing the normalisation of extraordinary powers.
Furthermore, sunset clauses create a more formal trigger for post-legislative scrutiny, forcing both the Executive and the legislature to revisit their assumptions and evaluate whether a law has been effective before deciding whether to prolong its life. The Terrorism Act 2006 and the Terrorism Prevention and Investigation Measures Act 2011 both utilise sunsetting or recurring renewal requirements to ensure ongoing parliamentary oversight. More recently, sunset clauses were used in covid-19 legislation to ensure that restrictive measures did not extend longer than necessary. The UK Coronavirus Act 2020 contained a two-year sunset clause and a requirement for six-monthly reviews to determine whether temporary provisions should expire early.
When considering radical changes to our trial system during a time of crisis, we should look to our history for a more direct precedent. During world war two, a period when our continued existence as a free nation was genuinely uncertain, the Government of the day did not choose to radically cut down the use of jury trials or erode the right of the citizen to elect to be judged by their peers. Instead, they reduced the number of jurors from 12 to seven. Importantly, that was a temporary adjustment. As soon as the Nazi threat was defeated, the Government of the day restored the number of jurors to 12. That demonstrates a principled understanding that emergency measures taken in response to a temporary crisis should be reversed once that crisis is resolved.
In contrast, the measures before us today regarding the erosion of jury trials and the abolition of the right to elect are drafted as permanent changes to our statute book, with no built-in mechanism for their reversal once the backlog is managed again. As I have said, that is a significant departure from the most closely related historical example of what we did during even the darkest days of the 1940s.
Our sunset clause would tie the duration of these reforms to the very problem they are intended to fix. The Government’s case is that these are necessary, backlog-driven measures, and it is entirely consistent to state that they should expire once that backlog is brought down to a more historically normal level, which we define as the pre-pandemic level—a level that the system was able to manage sufficiently, if not perfectly, without the need for structural erosion of the right to a jury.
Jess Brown-Fuller
I beg to move, That the clause be read a Second time.
New clause 35, which I tabled last week after a conversation with the Victims’ Commissioner, would reinstate an inspectorate body for the criminal courts in England and Wales. The Courts Act 2003 introduced His Majesty’s Inspectorate of Court Administration, which was established in 2005. The inspectorate was then closed in 2010, with the then Government arguing that audits of HMCTS, combined with the inspection regimes of the current justice inspectorates and the National Audit Office, negated the need for HMICA. However, a 2022 Justice Committee report found that that argument had not stood the test of time, and it called for the re-establishment of an inspectorate body. The report stated:
“A Courts’ Inspectorate, which is independent from Government, could make a substantial difference to the accountability and transparency of the justice system. It could use inspections and the promised improvements to the quality of the data to make recommendations that can inform policy and guidance in both criminal and civil justice. An inspectorate could also help to monitor the use of technology in the courts.”
This is a really important time to introduce the additional level of having a courts’ inspectorate, especially when the use of technology will play a much larger role in the criminal justice system, as well as the quality of the data coming out, which the Committee has debated various times. The proposal was backed by Andrew Cayley KC, then chief inspector for the Crown Prosecution Service. He favoured an even broader court inspection regime to scrutinise the operation of the disjointed parts of the system, particularly regarding the listing of cases. The re-establishment of a courts inspectorate was also recommended by Sir Brian Leveson in part 2 of his independent review of the criminal courts; it was recommendation 58. While there are four criminal justice inspectorates, Sir Brian notes:
“There is, however, no one body that is responsible for the inspection of the criminal courts in England and Wales.”
Due to limitations to the scope of this Bill, our new clause proposes a criminal courts inspectorate that would inspect and report on the administration and operation of the criminal courts. The new clause stipulates that that inspectorate must have
“particular regard to the experience of witnesses and victims”
when assessing
“the efficiency, effectiveness and accessibility of those courts”.
An inspectorate would identify inefficiencies and monitor victims’ experience in the system.
When debating an earlier group, the Minister mentioned what I think she called a public governance board that she is exploring. It would be helpful if she could outline whether she sees my new clause as different from that, or whether she is looking to create an additional level of inspection and scrutiny in the criminal courts system.
Dr Mullan
As I have alluded to several times, the Conservative party is considering more broadly how we tackle judicial accountability in all its different elements. It would be premature for us to settle on this new clause if, as the hon. Member for Chichester pointed out, it had to be necessarily narrow to fit in the Bill. On that basis we will not vote for it. We are not against it as an idea, but we need greater time to think about accountability and performance in the justice system in a more comprehensive way.
Sarah Sackman
I agree with the sentiment behind the new clause to ensure that we are monitoring efficiency, effectiveness and performance across our criminal courts system. However, as the shadow Justice Minister just said, the best mechanisms for holding the system to account in terms of performance and judicial accountability merit greater reflection. We are taking the time to consider the IRCC’s recommendations. The hon. Member for Chichester alluded to the history, and that there has previously been an inspectorate of court administration; that of course ceased operation under the coalition Government, who found it unnecessary at the time.
Jess Brown-Fuller
The Minister is absolutely right that it ceased operation, but the report that led to that decision was published under a Labour Government. Does she recognise that that report was actually tabled in 2009, and that it was the coalition Government that carried out the function of the report that the Labour Government put forward?
Sarah Sackman
I think the hon. Member thinks that I rose to make some really brilliant, devastating party political point. I did not; I was just rehearsing the history of how we got here. At the time, the view was taken by those who finally took the axe to the inspectorate that it did not represent value for money and was not working in an effective way. I make that point to say that, if we are going to have an inspectorate that does some of the things we want it to do, or whatever system we alight on, we all want to ensure that it represents value for money and drives better performance. Clearly, the Government of the day did not think that it did.
No inspectorate would have scope to scrutinise judicial decisions. It is also important to say—there have been improvements in this regard—that extensive operational data and metrics, which everyone is welcome to look at, provide an insight into the performance of our criminal courts, whether in terms of case timeliness, conviction rates or sentencing outcomes. That is exactly as it should be.
At this point, my focus is on driving reform, modernisation and the proper delivery of the investment that we are making, rather than on the inspection landscape, but I do not disagree with the sentiment that lies behind the hon. Member for Chichester’s new clause. Getting the mechanism right and taking our time to think about what form it should take, and how it could be properly resourced and as effective as we want it to be is something that we all want to take our time over, so I urge the hon. Member to withdraw her new clause.
Jess Brown-Fuller
In the tradition of the last five days in Committee, I will push the new clause to a vote because I would like to see greater scrutiny of the way that our court system functions.
Question put, That the clause be read a Second time.
Courts and Tribunals Bill (Eleventh sitting)
Jess Brown-Fuller ExcerptsTuesday 28th April 2026
(2 months, 4 weeks ago)
Public Bill CommitteesRead Full debate Courts and Tribunals Bill 2024-26 View all Courts and Tribunals Bill 2024-26 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 28 April 2026 - (28 Apr 2026)
Jess Brown-Fuller (Chichester) (LD)
I rise to speak to my new clause 6, which would introduce specialist courts for sexual offences and domestic abuse cases. It is similar to new clause 2, tabled in the name of the hon. Member for Warrington North, and Conservative new clause 25, tabled in the name of the hon. Member for Bexhill and Battle.
We tabled new clause 6, which would ensure that specialist court capacity is made available for the fast-tracking of rape and serious sexual offence cases, because that was a Labour manifesto commitment. The Government have announced blitz courts, which will list similar cases together. They will be introduced to begin with in London and the south-east, where the backlog of cases is most severe, and will at first prioritise cases involving assaults on emergency workers. Our new clause would ensure that court space and time is set aside for RASSO cases.
The Government promised in their manifesto to implement specific rape-focused courts, but have chosen not to deliver that commitment. As of September last year, 16% of cases in the backlog were sexual offence cases. We all listened to the harrowing oral evidence from victims and survivors of rape who waited years for their cases to be heard. I pay tribute to them and to the hon. Member for Warrington North for their bravery in doing something incredibly challenging: reliving the most fragile moments of their lives. They did so incredibly well. We owe it to them to fix the system. I recognise that the Government are trying to do that, but they are choosing to do it in a different way from the way a lot of survivors are asking for it to be done.
Specialist rape courts have not been properly trialled. What have been trialled are courts with specific trauma-informed training. Fast-tracking rape cases will alleviate the wait that many face. If courts are trauma-informed, that might limit retraumatising experiences for victims at the point that they enter the process. In her written evidence, the Victims’ Commissioner said:
“Victims of rape are particularly impacted by the backlogs and by the criminal justice system more broadly. The duration between the case being received and completed at Crown Court is particularly high for rape offences, an average of 429 days compared to an average of 259 days for all offences… Specialist rape courts which expedite rape cases and ensure a trauma-informed approach via training and adaptions to the court environment could help lessen the impact of the system on victims.”
The Victims’ Commissioner has been calling for specialist rape courts since 2022 and was really pleased that the Government committed in their manifesto to introduce them. I think that comes from her experience working alongside a very limited pilot that created a trauma-informed court in a particular Crown court. I am sure she will be keen to see the Government make good on the commitment that they stood on just two years ago.
New clause 23, which is also tabled in my name, would require the Lord Chancellor to commission a report on the effect of the provisions of the Bill on the progression of rape and serious sexual offence cases, and to respond to the recommendations in the report. It is completely unacceptable that these cases are waiting for so long. We need to understand whether the Government’s measures make a material impact on those cases and reduce the time that people have to wait in the criminal justice system. The new clause is also supported by the Victims’ Commissioner, so that we can see real progress for victims who are stuck in the criminal justice system.
Siân Berry (Brighton Pavilion) (Green)
Huge apologies for my lateness, Sir John. I wish to speak in support of new clause 2 and lend my support to new clauses 6, 23 and 25, all of which seek to honour the commitment that the Government made in their manifesto at the last election. I have huge admiration for the hon. Member for Warrington North, both for her courageous and clear speech on Second Reading and for tabling new clause 2, which seeks to honour that commitment. I am heartened by how many Labour Members have added their names to the new clause, and I hope that the Government will listen.
New clause 2, which is detailed, would introduce specialist courts. It sets out the different ways in which guidance can deal with the difficulties that courts currently have in dealing with issues such as coercive control and honour-based abuse, and would make sure that the courts deliver justice in a timely and compassionate way. It is so important that we look at the many practical ways of dealing with the cases that we need to hear, for victims of domestic violence and sexual offences, that do not completely remove the right to select a jury trial, as the Minister has admitted the Bill will do, and that do not adjust the thresholds in courts so as to effectively abolish the centuries-old principle of jury equity. That principle is important to our democratic right to protest and to protect our fellow citizens from unjust prosecution, including by authoritarian or tyrannical future Governments.
The new clauses in this group outline how much can be done to make court processes support victims in a practical, kinder and more compassionate way. They would make the processes more trauma-informed, and more effective and just, as they would bring more successful prosecutions in cases of sexual and domestic violence. I also support new clauses 8 to 10, which would mandate training in such matters and which we will discuss later.
A goal of the Government’s reforms is to increase speed, and the new clauses would achieve that by focusing specialist courts on these important cases. We have debated extensively the many other practical measures that could speed up justice more generally and clear the backlog, which is getting in the way of far too many of these cases.
I really hope that the Government are listening and that we can vote on these issues today. I hope they will go away and listen more to the victims groups that are determined to put forward practical measures to deal with these things without affecting our fundamental rights, and introduce clauses that will do that—and remove clauses 1 to 7—on Report. That is the right thing to do. The issues have been laid out clearly during the Committee’s debates, and the Government now have an important choice to make.
Jess Brown-Fuller
The Minister talks about the practice of floating trials or over-listing, which we know is so harrowing for victims, who get themselves ready for a case only for it to not go ahead. Quite often they are not told that they have a floating case or that their case has been listed; they are just told that their case has been adjourned and that they will be provided with a new date.
If we look at the data for the number of cases that fell at the last hurdle in 2024, we see that there were 444 where the prosecution advocate failed to attend; 314 where the defence advocate failed to attend; 209 where the prosecution advocate engaged in another trial; and 186 linked to prison transport delays, although I would argue that that number is much higher because of the way they are recorded. How does the Minister square the circle of trying to speed up the process while asking the judiciary not to over-list, which could cause the number of courts that are sitting empty each day to go up, because when a case falls that Crown court will then be empty?
Sarah Sackman
The hon. Lady asks a really good question. The point about ineffective trials is one of the greatest sources of both delay and waste in the system. She is right that last year over 1,000 trials were ineffective on the date of trial. That means that everyone had turned up except for one element, and the hon. Lady cited a number of the missing elements. That is why I do not take issue with the data presented by the Institute for Government, but I do take issue with its remedy. As the IFG itself points out, one of the greatest drivers of those ineffective trials is workforce pressures—the fact that we do not have enough prosecutors and defence barristers.
We are constantly being hit with the criticism that there are courtrooms lying empty. That slightly misrepresents the problem—sometimes we need that spare capacity in a court—but it is not entirely untrue. Part of that is about not just sitting days but system capacity and workforce. Building that workforce back up will take time. That is why the Government’s investment in criminal legal aid and match funding for pupillages is crucial, as is the record settlement that the CPS received. Building up the workforce to meet the demand and reduce the number of ineffective trials is so important.
The hon. Member for Chichester made an important point about the interaction between the measures we are discussing, the desirability of reducing the number of floating trials because of the impact of late adjournments, and the need for some agility and flexibility, which is why listing is a judicial function in individual Crown courts. Some parties might be ready to go, and they will want to get the trial on sooner, so we want to allow for some flexibility to enable that. It is not about watering down all the special measures that might be needed to support best evidence, but about where it is desirable to have some agility.
In that vein, the Government’s piloting of an AI, data-driven listing tool, which has been tested in Preston and Isleworth and is showing early positive results, will be crucial. I have seen the tool, and it allows us, based on certain factors in a case, to get a pretty rich understanding of how long it is likely to last. It works in much the same way as an NHS appointment: if somebody cancels because they are not well enough to go ahead with a surgery, but everybody else is ready—including the team, the doctors and the hip surgeon—can they pull in someone else on the waiting list? The tool will allow us to do the same kind of thing, building on some of the know-how from NHS appointment systems. We want to retain some agility while, at the same time, having a consistent approach to prioritising cases.
We want to see rape cases prioritised in the national listing model, because of the vulnerability of the witnesses involved and how pernicious delays can be, and we want to drive out floating trials, but there has to be some flexibility in the system. One thing we must guard against—this is why we have to think really carefully about when legislation is needed and when it is not—is creating a situation where the intent might be absolutely right, but we inadvertently create inflexibility by legislating.
In this case, we should not legislate in this way out of respect for the separation of powers and the constitutional dividing line between the executive and the judiciary, but there are other reasons why we might not want to legislate—for example, if it would lead to inflexibility and counterproductive results that go against the interests of some complainants in rape trials. That was a slightly long-winded answer, but I hope it gives the Committee a sense of how much is going on in the justice firmament that is not legislative but represents real progress for citizens in this country who have the misfortune of encountering the criminal justice system.
New clause 23 would require the Lord Chancellor to undertake a review of how the reforms impact the way RASSO cases are handled. It is not right for victims to continue to pay for the crisis in our courts, particularly in respect of delays. We know that victims of rape are facing, on average, a wait of over 400 days for trial, and we know that a large proportion of the outstanding caseload—around 20%—is made up of sexual offences. We need to drive down that backlog, why is why I have said that reform measures are needed. There is no doubt that, if these reforms receive Royal Assent, the Ministry of Justice, the Justice Committee and others will look to measure the impact they are having. I urge the hon. Member for Chichester not to press new clause 23 to a vote.
In a similar vein, new clause 25 seeks to introduce specialist courts, which I have already spoken about. I hope I could not have been clearer that the Government remain committed to this enterprise and to our manifesto commitment. However, the introduction of such courts does not require primary legislation. In essence, we are getting on with it, regardless.
One thing I have already mentioned is providing trauma-informed training to all court staff, which will be available from this spring. Again, there is change happening right now in our courts, irrespective of what happens with the Bill. That is happening as we speak, and it will be a real step change. It is something for which victims groups have been calling for a very long term, and which I hope and believe will improve the experience of going to court for victims of sexual offences.
I sincerely thank all Members who have tabled new clauses in this space. It is important—and, frankly, a welcome opportunity—for me, the Under-Secretary of State for Justice, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), and others to talk about how we are galvanising these different initiatives within our criminal justice system. We want to deliver the specialist courts that we promised, to drive forward progress and to encourage our judiciary to be front-footed and progressive in its listing practices, but this is not mutually exclusive with the reforms in the Bill designed to drive down the backlog; it is a question of both/and, not either/or. I thank hon. Members for raising these important issues, but I urge them not to press their new clauses to a vote.
The Chair
With this it will be convenient to discuss the following:
New clause 4—Review of the Feasibility of Two Court Sittings per day—
“(1) The Lord Chancellor must, within 12 months beginning on the day on which this Act comes into force, lay before Parliament an independent report into the feasibility of conducting two trials per day in designated court rooms (‘the Scheme’).
(2) The scheme would allow for proceedings in a Crown Court to consist of—
(a) a morning session, commencing at 09:00 and concluding at 13:00; and
(b) an afternoon session, commencing at 14:00 and concluding at 18:00.
(3) A report under subsection (1) must assess the impact of the scheme—
(a) on the efficiency and timeliness of court proceedings;
(b) on the availability of judges, legal practitioners, and court staff;
(c) the potential impact on defendants, victims, and witnesses; and
(d) the cost and resource implications of the scheme.
(4) The Lord Chancellor must, within three months of the laying of the report under subsection (1), publish a response.
(5) The response must include proposals for a pilot scheme based on the findings of the report including the proposed scope and duration of any such pilot.”
This new clause requires the Lord Chancellor to commission and lay before Parliament an independent report on the feasibility of introducing two court sittings per day in designated courtrooms, including an assessment of its impact on efficiency, resources, and court users, and to set out the Government’s intended next steps.
New clause 5—Targets for Backlog Reduction—
“(1) The Lord Chancellor must, within six months beginning on the day on which this Act is passed, set and publish annual targets for the reduction of the Crown Court backlog in England and Wales.
(2) There must be a target for the—
(a) overall reduction of the Crown Court backlog in England and Wales, and
(b) reduction of the backlog in each different HMCTS region.
(3) The Lord Chancellor must lay before Parliament an annual report on progress against these targets.
(4) Any report under subsection (3) must include any steps taken to address the failure to meet the targets.”
This new clause requires the Lord Chancellor to set and publish targets for reducing court backlogs and to report annually to Parliament on progress.
New clause 13—Report on the effect of the Act on public trust and participation in the criminal justice system—
“(1) The Lord Chancellor must commission a report on the effect of the provisions of the Act on public trust and participation in the judicial system.
(2) A report under this section must—
(a) include consideration of the effect of the provisions of the Act on—
(i) witness participation;
(ii) the effect of these reforms on public confidence and trust in the criminal justice system;
(iii) the effect of these provisions on BAME engagement with and trust of the criminal justice system;
(b) contain recommendations for further provision, or changes to delivery of provision under this Act, to increase the levels of each criterion set out in subparagraphs (2)(a)(i) to (2)(a)(iii).
(3) Within twelve months beginning on the day on which this Act is passed, the Lord Chancellor must lay before Parliament—
(a) a copy of a report under this section,
(b) the Lord Chancellor’s response to recommendations made by that report.”
This new clause would require the Lord Chancellor to commission, lay, and respond to a report on the effect of the Bill on public trust in the criminal justice system.
New clause 17—Review of Efficiencies in the Criminal Justice System—
“(1) The Lord Chancellor must, within 24 months beginning with the day on which this Act is passed, conduct a review on the impact of the provisions of this Act on the efficiency of the criminal justice system.
(2) The review under subsection (1) must, in particular, consider the impact on the efficiency of the criminal justice system of—
(a) the provisions of this Act;
(b) The wider criminal justice system;
(c) the standard of delivery by court contract providers, including PECS contractors;
(d) the condition of the courts estate; and
(e) the use of technology.
(3) In considering ‘efficiency’, the review must consider the impact on—
(a) delays,
(b) backlogs, and
(c) the experience of victims and witnesses.
(4) The Secretary of State must lay a report on the review before Parliament.
(5) The report under subsection (4) must include recommendations for further legislative or administrative changes to improve the efficiency of the criminal justice system.”
This new clause requires the Secretary of State to review and report on whether the Act has improved the efficiency of the criminal justice system, including impacts on delays, backlogs, and the experience of victims and witnesses.
New clause 22—Remote Court Participation: Strategy—
“(1) The Lord Chancellor must, within 12 months of the passing of this Act, lay before Parliament a strategy for the use of remote proceedings to reduce the case backlog (‘the strategy’).
(2) The strategy must include—
(a) an assessment of the current use of remote proceedings;
(b) an evaluation of the impact of remote proceedings on the speed of case disposal and the overall reduction of the outstanding caseload;
(c) recommendations on how the principle of open justice can be upheld with the increased use of remote proceedings;
(d) criteria for determining the suitability of proceedings for different forms of remote participation; and
(e) provisions for the security, reliability, and resilience of digital systems used in remote proceedings.
(3) The Secretary of State must, at intervals of no more than 24 months following the laying of the strategy, lay before Parliament a report on progress made against the strategy.
(4) The progress report must consider—
(a) the extent to which the strategy has been implemented;
(b) the impact on the criminal case backlog, including any measures by which that impact has been assessed; and
(c) any further legislative or budgetary provisions to ensure the effectiveness of remote proceedings.
(5) For the purposes of this section, ‘remote proceedings’ means any proceedings in which one or more participants attend by way of live video or audio link.”
This new clause requires the Lord Chancellor to publish a formal strategy for the use of remote proceedings to reduce the case backload in the criminal justice system.
New clause 32—Commencement dependent on independent review of racial disproportionality—
“(1) This section applies in relation to the commencement of Clauses 1 to 7 of this Act.
(2) The provisions inserted by Clauses 1 to 7 of this Act may not be brought into force unless the conditions in subsections (3) to (6) have been met.
(3) The Secretary of State must commission an independent review into racial disproportionality arising from—
(a) the changes to jurisdiction powers and procedures in the Magistrates’ Courts under Part 1; and
(b) the operation of trial-allocation decisions under Part 1.
(4) As soon as reasonably practicable after completing a review under this section, the reviewer must send a report on its outcome to the Secretary of State.
(5) On receiving a report under subsection (4), the Secretary of State must lay a copy of it before both Houses of Parliament.
(6) As soon as reasonably practicable, the Secretary of State must—
(a) prepare and publish a strategy setting out the measures the Secretary of State intends to take in consequence of the review’s findings; and
(b) implement those measures in full before Clauses 1 to 7 may be brought into force.”
This new clause introduces a duty to commission an independent review into racial disproportionality arising from the changes to jurisdiction, powers and procedures in the magistrates’ courts, and from the operation of the new trial-allocation provisions in Clauses 1 to 7 of the Bill.
New clause 33—Commencement dependent on review of differential impact on classes of persons—
“(1) This section applies in relation to the commencement of Clauses 1 to 7 of this Act.
(2) The provisions inserted by Clauses 1 to 7 of this Act may not be brought into force unless the conditions in subsections (3) to (7) have been met.
(3) The Secretary of State must commission an independent review on whether, and the extent to which—
(a) the changes to jurisdiction powers and procedures in the Magistrates’ Courts under Part 1; and
(b) the operation of trial-allocation decisions under Part 1,
are likely to have a disproportionate impact on particular classes of persons.
(4) The review under subsection (3) must consider—
(a) the extent to which, as a result of the provisions in subsections (3)(a) and (b), defendants in criminal proceedings are eligible for legal aid;
(b) whether persons of limited financial means are likely to be affected differently from other defendants as a result of those provisions; and
(c) the projected number of defendants who, as a result of those provisions, are likely to be unrepresented.
(5) As soon as reasonably practicable after completing a review under this section, the reviewer must send a report on its findings to the Secretary of State.
(6) On receiving a report under subsection (5), the Secretary of State must lay a copy of it before both Houses of Parliament.
(7) As soon as reasonably practicable, the Secretary of State must—
(a) publish a strategy setting out the measures the Secretary of State intends to take in consequence of the review’s findings; and
(b) implement those measures in full before Clauses 1 to 7 may be brought into force.”
This new clause introduces a duty to conduct an independent review of whether Clause 1 to 7 of the Bill give rise to disproportionate impacts on particular classes of persons.
Amendment 15, in clause 26, page 35, line 19, at end insert—
“, subject to the provisions of subsection (3A).
(3A) The Lord Chancellor may not make regulations under subsection (3) relating to the following sections until he has published a response to the recommendation of Part II of Independent Review of the Criminal Courts—
(a) Section 1 (Removal of right to elect trial on indictment);
(b) Section 2 (Written indication of guilty plea: removal of right to object to venue);
(c) Section 3 (Trial on indictment without a jury: general rule for allocation);
(d) Section 4 (Trial on indictment without a jury: complex or lengthy cases);
(e) Section 5 (Consequential amendments relating to sections 3 and 4).
(f) Section 6 (Increase in maximum custodial sentence in magistrates’ courts)
(g) Section 7 (Appeals from magistrates’ courts)”.
This amendment would make the publication of the Government response to Part II of the Independent Review of the Criminal Courts a precondition of Clause 1 to 7 of this Bill coming into force.
Amendment 59, in clause 26, page 35, line 19, at end insert—
“, subject to the provisions of subsection (3A).
(3A) The Lord Chancellor may not make regulations under subsection (3) relating to the sections set out under subsection (3B) until he has taken reasonable steps to increase Crown Court sitting capacity, including but not limited to—
(a) using buildings not currently in use as courts to hear cases where cells are not needed, and
(b) reducing lost sitting days as a result of late guilty pleas and prison transport delays.
(3B) The sections referenced in subsection (3A) are—
(a) Section 1 (Removal of right to elect trial on indictment);
(b) Section 2 (Written indication of guilty plea: removal of right to object to venue);
(c) Section 3 (Trial on indictment without a jury: general rule for allocation);
(d) Section 4 (Trial on indictment without a jury: complex or lengthy cases);
(e) Section 5 (Consequential amendments relating to sections 3 and 4).
(f) Section 6 (Increase in maximum custodial sentence in magistrates’ courts)
(g) Section 6 (Increase in maximum custodial sentence in magistrates’ courts)”.
This amendment would ensure that sections 1 to 7 of the Act could not be commenced until the Lord Chancellor has used alternative means to increase Crown Court sitting capacity.
Amendment 35, in clause 26, page 35, line 19, at end insert—
“(3A) The Lord Chancellor may not make a statutory instrument containing regulations under subsection (3) bringing sections 1 to 7 into force until the conditions in subsection (3B) are met.
(3B) The conditions are that—
(a) the Lord Chancellor has provided funding for at least 130,000 sitting days in the Crown Court in the financial year following the coming into force of this Act,
(b) HM Courts and Tribunals Service has made an assessment that the Crown Court has, so far as possible, used the allocation of sitting days provided under subsection (3B)(a), and
(c) the Lord Chancellor has made a statement to the House of Commons that the funding provided under subsection (3B)(a) has not reduced the number of cases pending trial in the Crown Court compared to the start of the financial year.”
This amendment prevents the provisions in sections 1 to 7 from coming into force until the Lord Chancellor has provided funding for 130,000 sittings days in the Crown Court; HMCTS has assessed that the Crown Court has used its allocation of sitting days; and the Lord Chancellor has made a statement to the House that this has not reduced the backlog.
Amendment 36, in clause 26, page 35, line 19, at end insert—
“(3A) The Lord Chancellor may not make a statutory instrument containing regulations under subsection (3) bringing sections 1 to 7 into force until he has—
(a) undertaken a consultation on the potential benefits of introducing extended sitting hours in the Crown Court, and
(b) laid before Parliament a report on the outcome of the consultation.
(3B) The consultation under subsection (3A) must consider—
(a) potential rates of fees and renumeration for legal professionals and court staff working extended hours, and
(b) the availability of HM Courts and Tribunal Service staff.”
This amendment would ensure that sections 1 to 7 of the Act did not come into force until the Lord Chancellor had reviewed how to increase sitting hours in the Crown Court.
Jess Brown-Fuller
The Minister said she could not support new clause 2 on RASSO courts tabled by the hon. Member for Warrington North, and other similar new clauses, because they would improve the experience of victims but do nothing to improve timelines. Well, I am delighted that my new clause 3 will address all those problems.
We all agree that what is needed is a proper plan to fix the system. My party and I believe that that starts with upping the number of trials in select courtrooms across England and Wales from one to two a day. Normal sitting hours for a Crown court are 10 am to 4.30 pm, during which only one trial is heard for four hours and 35 minutes, to allow for breaks for all those involved, including the judge and witnesses, and to allow for the jury to retire, because they receive a lot of information and need breaks too. The Liberal Democrats are calling for two trials to be heard per day in select courtrooms, split between morning and afternoon, with each trial sitting for four hours. One session would run from 9 am to 1 pm and another from 2 pm until 6 pm.
This simple change would nearly double court sitting time in those courtrooms. That is how to cut the backlog without eroding the right to a jury trial and jeopardising people’s experience of the justice system. Implementation would be determined at regional level by His Majesty’s Courts and Tribunals Service. Listing officers may schedule cases into morning or afternoon sessions or standard sitting hours according to the needs of the case. For example, an afternoon slot may be given to allow additional time for prisoner transport—we are all well-versed in the issues surrounding that contract—while standard hours may be preferable when a victim is expected to give evidence for an extended period.
Court backlogs are not the same everywhere and our reforms would reflect that. HMCTS would decide at regional level which courtrooms would run two trials a day, and we would consult on exactly how many should adopt that approach across England and Wales to ensure that the system works efficiently and delivers change where it is needed most. New clause 3 would allow for the agility and flexibility that the Minister spoke about when responding to the previous group of amendments. It could also have the intended effect of pulling back in retired judges. In my Chichester constituency, we have recently reopened our Crown court, and I am pretty sure that I have quite a few retired judges knocking around in the Witterings who would quite happily come back if they were able to commit to half a day’s session, and make sure that they were finished by lunch time and back on the beach by 2 pm.
During coronavirus, HMCTS conducted a pilot in Crown courts using exactly the system of two trials a day instead of one. The evidence was overwhelming: the pilot courtrooms got through 3.5 trials per week compared with fewer than 0.9 trials in courtrooms operating on standard hours. We simply want to replicate that trial across the country. That is how to get through the backlog without eroding jury trials. It would be an evidence-based approach, because we already have a pilot that speaks to its benefit.
As Leveson’s report points out, Crown court hearing time per sitting day has dropped to just 3.2 hours on average; in an entire day running from 10 am to 4.30 pm, the amount of actual sitting time has reduced to 3.2 hours. On paper, courts sit from 10 am until 4.30 pm, but in reality only a fraction of that time is spent hearing cases, because of delays, gaps, cancellations and other inefficiencies that we have discussed. Our reforms would more than double the hearing time per sitting day in participating courtrooms by eliminating that wasted time and running a more intensive court sitting day.
As the Leveson report highlighted, any solution to fix the backlog is going to require resources. These trials have to happen at some point, and without the investment that would be required for the provisions that I am laying out, we will just kick the can down the road and deny victims the justice they deserve. The proposals in the Bill would require massive investment to implement an entirely new system, including the introduction of the Crown court bench division. It would be slow, costly and, according to modelling by the Institute for Government, would save only around 2% of court time, with the caveat that other efficiencies would increase that figure. That barely makes a dent in the backlog when we are looking at the erosion of jury trials. Our approach would be faster and, because we have a pilot, there is clear evidence that it would actually work. By extending hours, we can reduce the backlog and deliver justice for victims. It would make use of existing resources, target inefficiencies and deliver real results.
I believe everybody would benefit from a condensed-hours model, which would provide additional time in the working day for practical work outside the court setting. It would mean that the court day was shorter for barristers, judges and juries; they would spend less time in the courtroom, which would give them more time, in a normal working day, outside the court, to make preparations for the following day. It would also mean much less waiting time.
When we look at what jurors say about their experience of taking part in trials, quite often the bit that they enjoyed and appreciated is the bit when they were actually in the courtroom and could see justice being done and felt like they were a part of it. So often, the most frustrating bit for jurors is the bit when they are sat in the green room outside waiting for the trial—all the time that they feel is wasted. If we condensed the model, a juror coming in for an afternoon session might be able to do the school run in the morning; a self-employed juror—we know that serving on a jury is really challenging for self-employed people—might be able to commit to a few hours of work; and those with caring responsibilities could make sure that they are there for one half of the day.
The evidence tells us that such a model would be better. Legal professionals with childcare responsibilities who took part in the pilot were more likely to report a positive experience than those without them. Right now, barristers and judges are being paid for a full day of work, despite doing on average 3.2 hours’ hearing time per sitting day due to scheduling inefficiencies because of all the other work that they are doing throughout their day, and including all the issues, such as the reasons that cases drop. Even if we paid barristers and judges a full day’s rate for only half a day’s sitting time, it would still be more efficient than the current system. It could also impact the issue of over-listing and floating cases. If a case cannot take place on a certain morning because another case has been listed, it could be scheduled for the afternoon, just four hours later, and the people who are ready to take part in it would not have to wait for another date months ahead.
New clause 4, tabled in my name, would require the Lord Chancellor to commission and lay before Parliament an independent report on the feasibility of introducing two court sittings per day in designated courtrooms, including an assessment of its impact on efficiency, resources and court users, and to set out the Government’s intended next step.
New clause 5, also tabled in my name, would require the Lord Chancellor to set and publish targets for reducing court backlogs and to report annually to Parliament on progress. The Government have recognised that increasing funding and removing the cap on sitting days will absolutely support a lot of those measures, but the new clause would require the Lord Chancellor to set and publish targets for reducing the backlogs. That is needed to avoid the slide that we have seen in the past and to ensure consistent progress in bringing down the backlog so that we can take a mindful approach to whether measures are working and whether we need to think about introducing others.
The Government have published predictions of growth in the backlog as evidence underpinning their reforms. They predict that the backlog would rise to 135,000, but the Criminal Bar Association pushed back against that figure; it thinks that it is wildly pessimistic, especially with the measures already introduced, such as taking away the cap on sitting days. The Deputy Prime Minister has said of his reforms that he does not expect the backlog to decrease until 2029 and that it will not be cleared for a decade. The backlog has now exceeded 80,000, but the backlogs at courts in Wales and in the north-west and south-east of England fell considerably after the sitting days were added, and that was prior to the effects of increasing sitting days across the board. The Criminal Bar Association said that the move was already having an effect. It cited Maidstone Crown court, the largest in the south-east outside the capital, where the case backlog had fallen by more than 5% in the past six months.
New clause 13 would require a report on the effect of the reforms in the Bill on public trust in the criminal justice system—another issue that we have discussed throughout the Committee’s proceedings. It has been demonstrated that the public have more confidence in juries than in single-judge hearings. I think we can all agree that trust in the justice system is vital for keeping witnesses, defendants and victims engaged. The new clause would require a report into the impact on public trust of the Government’s reforms. Currently, six in 10 people express a “fair amount” or a “great deal” of confidence in juries delivering the right verdict, compared with around four in 10 for courts and judges more generally.
New clause 17 would require the Secretary of State to review and report on whether the Bill has improved the efficiency of the criminal justice system, including its impact on delays, backlogs, and the experience of victims and witnesses. On a number of occasions, Brian Leveson discussed a three-pronged approach to dealing with the backlog—reform, funding and efficiencies. He also said that “all the levers” must be pulled, and the Minister has said the same. The “efficiencies” part of that three-pronged approach is largely set out in part 2 of his “Independent Review of the Criminal Courts”, to which the Government have yet to respond. Improving efficiency would safeguard the system from getting into this mess again, and it is vital that the Government pursue reforms that improve that. The new clause would therefore require the Secretary of State to review the Bill’s impact on efficiency in the criminal justice system, focusing specifically on delays, backlogs and victims’ experience.
New clause 22 would require the Lord Chancellor to publish a formal strategy for the use of remote proceedings to reduce the case backlog in the criminal justice system. Leveson himself suggests that the use of remote hearings with safeguards should be expanded to first hearings in the magistrates court, managed in police stations by prisoner escort and custody services contractors. He also proposes allowing for remote attendance during trial for certain professional witnesses, such as police officers, by default, and allowing remand defendants to attend sentencing hearings remotely, except when victim impact statements will be delivered.
Sir Brian Leveson outlined the need for more remote hearings, and we are calling on the Government to publish a strategy on how that will be implemented, because it is clear that there is potential for significant time savings and efficiencies if the Government get this right. It is also clear that investment will be needed in remote facilities not just in courts, but in prisons. Many people in the justice system have told me about evidence being presented on memory sticks, the telly not working, the sound not working when they are trying to listen to oral evidence, or the screen not working for somebody to give remote evidence. We need to know how the Government will strategise all the remote proceedings if they are going to progress in that way.
Public Office (Accountability) Bill (Carry-over)
Jess Brown-Fuller ExcerptsMonday 27th April 2026
(3 months ago)
Commons ChamberRead Full debate Public Office (Accountability) Bill 2024-26 View all Public Office (Accountability) Bill 2024-26 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Notices of Amendments as at 21 April 2026 - large print - (21 Apr 2026)
Jess Brown-Fuller (Chichester) (LD)
First, I want to set out that the Liberal Democrats are supportive of the Hillsborough law. We have only ever sought to strengthen the legislation, not to undermine it, and we will be supporting the carry-over motion this evening. But it is frustrating for everyone involved that we have reached this stage of having to carry over the Bill, because this is landmark legislation that will transform the relationship between public bodies and the victims of horrendous tragedies, and, as the Minister said, we hope it will restore some of trust in the state among people across the UK that they will not be the victims of cover-ups after tragedies.
A duty of candour provides a basic but essential level of transparency and fairness, and a duty for public officials to act with openness when dealing with public investigations—vital steps that are supported by the Liberal Democrats and Members from across the House. I commend in particular the hon. Member for Liverpool West Derby (Ian Byrne), who has been campaigning for years, as well as other hon. Members in the Chamber this evening. This Government and this Prime Minister rightly committed to the full implementation of the legislation in the Labour manifesto, yet we find ourselves here today because broken promises, quiet media briefings and a lack of transparency have totally mired the process and the progress of the Bill.
Report and Third Reading were scheduled for 19 January, but the unacceptable carve-out for the security services brought that process to a halt. It is essential that the legislation includes clear, binding provisions to ensure that the security services are subject to the duty of candour. That is what the campaigners from Hillsborough Law Now expect, it is what the families of the many victims whose lives have been upended by tragedies and scandals expect, and it is what the Government promised.
The campaigners and Liberal Democrat Members will not tolerate or accept backsliding, but we are still in the dark. Yes, there have been media reports of a compromise with the security services, but we are yet to see either those amendments on the amendment paper or whether they are acceptable to the campaigners who have fought so tirelessly for the legislation. The reports also contained details of additional inclusions within the scope of the Bill, including counter-terrorism police, the National Crime Agency and national intelligence. Again, this House has yet to debate the merits of those proposed inclusions, and has only heard about them in the media.
Any outcome must be acceptable to the families. They have worked tirelessly, for too long, to see a half measure come to fruition. It is clear that the Government will not proceed without them onside anyway, so I encourage the Government, who I know are as keen to get this over the line as any of us, to come to a swift resolution. As the hon. Member for Ellesmere Port and Bromborough (Justin Madders) said, I hope that the legislation returns to the House shortly after the King’s Speech, because we will be in the summer recess before we know it, then it will be the conference recess. The families have waited far too long for the legislation. They cannot afford to be approaching another Christmas without seeing the Bill finally enacted. We all owe it to all the countless victims of Hillsborough, the Post Office scandal, infected blood, Grenfell, nuclear weapons testing, pelvic mesh, LGBT veterans and the many other scandals to finally get this done.