Sentencing Bill

Debate between John Hayes and Andy Slaughter

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

[Andy Slaughter]

I do agree with that, and in a moment I will talk about a new clause that deals specifically with tagging. I am rattling through my speech because I have a lot to get through, but what I am specifically talking about in relation to domestic abuse is simply the need for there to be due process. That is something that I think we all want to see. Amendments 30 and 31 would ensure that the requirements of clause 6, which are important in allowing police and probation services to track perpetrators of domestic abuse, are carried out in a manner that is as thorough and fair as possible.

My next amendment, amendment 32, relates to clause 35, which amends the sentencing code to allow for the publication of the photographs and names of offenders serving community sentences. The explanatory notes say very little about this clause, but the justification in the memorandum on human rights suggests that the Government believe that this measure will have a deterrent effect on criminals, although there is little evidence for that assertion. The measure engages the article 8 right to private and family life for the individual, their victims and their family. Some concerns have been raised about how this measure can be operated safety in the modern social media age, in which photographs and names can be readily and quickly shared.

My amendment would prevent clause 35 from being brought into force until the Secretary of State has issued a code of practice to providers of probation services about how to take and publish photographs lawfully in the light of the Human Rights Act 1998 and data protection legislation. Before issuing a code of practice, the Secretary of State must consult providers of probation services, lay a draft before Parliament, and obtain the approval of both Houses. That would ensure proper parliamentary oversight of this measure.

[Sir John Hayes]

The hon. Gentleman is indicating his diligence—as though any evidence of that were required—in tabling these technical but important amendments. However, will he deal with the fundamental issue? As he has just said, the Criminal Justice Act 2003—from memory, section 250—allows criminals who are released on licence to be subject to all kinds of conditions, but the truth is that if we let more dangerous people out, more people will be recalled, because they will do immense amounts of harm. Recalls are going to go up as a result of this legislation, and many more people are going to suffer because of those who are let out early.

[Andy Slaughter]

I have quite a lot to say about recall, which I will come to in a moment, but I have reflected on this question. Licence is an established part of the criminal justice system, as indeed is probation. Almost every prisoner, other than a handful of the most serious criminals, comes out of prison at some stage. The issue of public safety when people are released from prison is one that this Bill is trying to address. We may disagree on the means to that objective, but I am sure we agree on the objective itself.

I also tabled new clause 18, which relates to the provision of information to Parliament regarding offenders who are subject to electronic tagging and the operation of the tagging contract. The success of the measures in this Bill will rely heavily on the use of electronic monitoring, primarily through the use of tags. The Justice Committee has continually raised concerns about the performance of Serco, the Government’s current tagging provider. As a reminder, on 7 May, the Prisons Minister revealed to us that at that point, Serco had received financial penalties for poor performance every month since it took on the electronic monitoring contract on 1 May 2024. Ministers have assured us that Serco’s performance is beginning to improve.

New clause 18 would require the Secretary of State to prepare and publish a report each calendar year on the use of electronic monitoring requirements. That report must include the number of electronic monitoring requirements imposed each year, the rate of compliance, and the cost of administering those requirements each year. The report must be laid before Parliament. This would improve transparency and allow parliamentarians to assess for themselves how successfully Serco or other providers are administering tagging contracts.

Sentencing Bill

Debate between John Hayes and Andy Slaughter

2nd reading
Tuesday 16th September 2025 Commons Chamber

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

Prisons in England and Wales are almost at capacity. The prison population currently stands at 87,578, with a current operational capacity of 89,664. The latest prison population projections estimate that the population will rise to between 95,700 and 105,200 by March 2029. This troubling picture means that reform is essential if we are to reduce the prison population and return to a functional criminal justice system. I welcome the reforms suggested in the Bill; they are both a necessity and the right direction of travel for an effective prison system. The Government have taken up most of the recommendations made in David Gauke’s independent sentencing review, which if taken together will reduce the numbers in custody by almost 10,000.

The prison system is in a unique place. It will be accommodating the highest number of inmates in history while working hard to find non-custodial punishments for a growing number of offenders. This is necessary following the irresponsible neglect of the criminal justice system under successive Tory Governments. It is also the first step to a prison and probation system that puts rehabilitation alongside punishment as an objective—that objective being a reduction in reoffending, with beneficial outcomes for offenders, victims and the taxpayer alike. I have no issue with the strategy, but I have serious concerns about the specific measures needed to achieve its purpose.

[Sir John Hayes]

I am grateful to the hon. Member for giving way; he is always courteous in the Chamber. Let us be clear: is the Bill a result of too few prison places —I acknowledge, by the way, that successive Governments have built too few prisons—or is it driven by a certain ideology? Is it about rehabilitation, which I describe as the treatmentist approach to crime? There is a confused message emanating from this Chamber. On the one hand we are told that it is a matter of convenience, because we do not have the places, but on the other hand we are told it is a matter of principle, because we do not believe in prison. Where does the hon. Member stand on that?

[Andy Slaughter]

The right hon. Member is not easily confused. I will turn to exactly that point later, but in brief it is both, and there is a contradiction in it being both. There is going to be a massive expansion in prison places, and there are going to be more people in prison. However, at the same time, partly to reduce the need for even more prisons to be built and partly because there are alternatives to custody, there will be people leaving prison as well. It is a difficult trick to pull off, I appreciate, but I am sure that my right hon. Friend the Secretary of State is up to the task.

The Sentencing Bill shifts the focus from custodial sentences to dealing with offenders in the community. It is paramount, therefore, that probation services are adequately funded to manage the substantial increase in workload and that supporting resources, such as electronic monitoring, are available and reliable. There are several measures in the Bill that will increase the pressure on probation services. These include a statutory presumption to suspend custodial sentences of 12 months or less; an extension of the availability of suspended sentences to three years rather than two; and new community orders, including those that ban offenders from public events and drinking establishments, prohibit offenders from driving and impose restriction zones on them.

In the 2023-24 annual report and accounts for the Prison and Probation Service, the overall annual leaving rate for Probation Service staff was over 10%. His Majesty’s inspectorate of probation said:

“High workloads and a lack of support are critical factors in driving practitioners away from their roles”.

A report leaked to the BBC estimated that there is currently a shortfall of around 10,000 probation staff, which is four or five times the number being recruited. I welcome the extra £700 million pledged during the spending review period to assist the Probation Service in dealing with the increased pressures. It will be vital in filling the shortfall and increasing staff retention. My right hon. Friend the Secretary of State acknowledged that in response to me during Justice questions today.

The success of the measures in the Bill relies heavily on the use of electronic monitoring, primarily through the use of tags. The Justice Committee has continually raised its concerns about the performance of Serco, the Government’s current tagging provider. In correspondence with the Committee dated 7 May this year, the Prisons Minister revealed to us the shocking fact that Serco had received financial penalties for poor performance every month since it took on the electronic monitoring contract a year earlier.

In oral evidence given to the Committee, Ministers have recognised that Serco’s performance has been unacceptable and that stronger punishments for Serco are possible, should it continue to fail. Those should include possible debarment and exclusion from bidding for public contracts. Indeed, some of us wondered how Serco was ever awarded that contract by the previous Government after the appalling fraud it committed during its previous tenure as contractor. Ministers have reassured us that Serco’s performance is beginning to improve. It is difficult to see how the Government can continue to have faith in Serco, but it is also evident that they cannot easily shift to another contractor as there appears to be no viable alternative.