(2 days, 15 hours ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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Mr Jonathan Brash (Hartlepool) (Lab)
It is a pleasure to serve under your chairmanship, Mr Pritchard. I thank the hon. Member for Keighley and Ilkley (Robbie Moore) for opening this debate in his characteristic way—highly detailed and bringing the voices of victims to the fore, something that is so important here.
The petition before us speaks to the simple but fundamental principle that access to justice should never be denied according to a person’s ability to pay. If our role in this place is anything, surely it is to break down the barriers that our constituents face when trying to access that to which they are entitled. This is clearly one of those barriers. Given that it involves access to justice—that most fundamental of rights—I cannot think of a more significant barrier that needs to be knocked down.
I thank the 479 constituents in Hartlepool who signed the petition. Their voices reflect a real and growing concern that what should be a basic feature of open justice cannot be placed behind a paywall. At present, courtroom tribunal transcripts can run into the hundreds and even the thousands of pounds. For many of my constituents, that is simply unaffordable. The result is that people are denied access to a full record of proceedings that may directly affect their lives. That has serious implications for victims, for those seeking to appeal decisions, and for public confidence in a justice system that is already under strain.
I raised this issue of costs with Ministers just last week during Justice questions. I welcomed the response from the Minister for Courts and Legal Services, my hon. and learned Friend the Member for Finchley and Golders Green (Sarah Sackman)—as an aside, my thoughts are with her and her constituents today. The commitment to making sentencing remarks available to victims free of charge is a positive and important step, showing that the Government recognise the need to reduce these barriers and improve transparency. However, there is a clear case to go further.
The Government’s response to the petition suggests that expanding free access would place additional pressure on the system. As Members have already said, in an age of AI and technology, I wonder whether the basic credibility of that excuse stands up. This is not an optional extra. It goes to the heart of whether our justice system is truly accessible and accountable. It is encouraging that the other place has already taken steps in this direction: Lords amendment 1 to the Victims and Courts Bill would create a statutory entitlement for victims of criminal offences to receive key transcripts free of charge, including the route to verdict and bail decisions, with a clear expectation that they are provided promptly. That development is significant and welcome, but still does not go far enough.
The principle behind that change should not stop there. If access to transcripts is essential for fairness and transparency, it must apply more widely across our courts and tribunals. Open justice cannot be selective; it cannot apply in some cases but not others, or to some people but not others. The law belongs to us all. The records of our courts are part of the public record and they should be accessible as such. Of course there will be practical challenges, but those challenges should be addressed, not used as a reason to delay progress. With the right approach, including better use of technology, we can improve access while managing costs. Only where there are clear safety or national security concerns should access ever be restricted.
Ultimately, this issue is about fairness and trust. It is about ensuring that no one is denied access to justice because of their financial circumstances. I urge the Government and the Minister to build on the progress already being made, to support the direction set out in the Lords amendment and to move towards a system where access to court and tribunal transcripts is guaranteed, not priced out of reach.
(1 week, 1 day ago)
Commons ChamberThe sexual exploitation and rape of children by grooming gangs is one of the darkest moments in this country’s recent history. We accepted all of Baroness Casey’s recommendations. We are changing the criminal law to ensure that adults who penetrate children under 16 are charged with rape or equally serious offences for other penetrative sexual activity. I want to assure the hon. Gentleman of that.
Mr Jonathan Brash (Hartlepool) (Lab)
Ministers will be aware of the campaign to make all court and tribunal transcripts available for free. Fees can run into the thousands, effectively acting as a paywall to justice. Do Ministers agree that access to the law cannot be based on wealth alone, and what will they do about it?
Sarah Sackman
My hon. Friend is right: we are seeking to increase transparency and reduce barriers to justice. That is why we are legislating to make sentencing remarks available to all victims upon request, free of charge. We want to go further by creating more opportunities for broadcasting court proceedings and by working towards the greater availability of proceeding transcripts.
(1 month, 3 weeks ago)
Commons Chamber
Steve Darling (Torbay) (LD)
Mr Jonathan Brash (Hartlepool) (Lab)
As I have said, our focus is on victims who are being left to wait three, four or five years for their day in court. That is why I will bring forward bold change to fix the rotting Courts Service that we inherited, deliver record investment in our courts so that they can sit for more days than ever before, introduce modernisation to deal with the inefficiencies that we inherited, and reform the system so that we can triage which trials get a jury and stop criminals gaming the system.
The Courts Minister and the Prisons Minister are working together on this issue. Sir Brian Leveson will have more to say tomorrow in part 2 of his report, on efficiencies, but one of the things that we are looking at is local authorities opening bus lanes to those drivers, so that they can speed through.
Mr Brash
I recognise the Justice Secretary’s sincere commitment to tackling the court backlog that was disgracefully left by Conservative and Reform politicians. However, one of the most troubling aspects of the proposals on jury trials is the suggestion that the changes will be permanent, regardless of whether the backlog persists. Will he consider explicitly making these measures temporary and subject to review, so that their impact, if any, on reducing the court backlog can be properly assessed?
I am grateful to my hon. Friend for that, but may I refer him to Sir Brian’s report, and to his article in The Sunday Times this weekend? He talks about trials being longer, DNA evidence, the fact that we are passing more legislation in this place, and the police arresting more people. For all those reasons, and if we are serious about tackling the backlog and getting to a properly established system in which people do not wait much longer than six months to a year for their trial, the changes that we are making have to be permanent.
(4 months, 2 weeks ago)
Commons ChamberThat could also help with the reopening of Chorley court, Minister.
Mr Jonathan Brash (Hartlepool) (Lab)
It is right that the IPP sentence was abolished. The number of unreleased IPP prisoners fell to 946, as of 30 September 2025—a reduction of 14% compared with the previous year. Legislative changes that we implemented have reduced the number of people serving IPP sentences in the community to around two thirds.
Mr Brash
My constituent, Terry Rowley, received an IPP sentence on 8 February 2008. His minimum tariff was set at one year and 126 days. That was 6,486 days ago—almost 18 years—and he remains in prison. No one disputes the seriousness of his offences, but the issue for Terry and his family is one of equal justice. Someone sentenced to the same crime today would not receive an IPP. Does the Secretary of State accept that this raises fundamental concerns about fairness and equality before the law for those serving under the IPP regime, and what steps will he take to fix it?
I recognise the challenges for Terry and his family. We are determined to support those in prison to progress towards safe and sustainable releases, but understandably that cannot be in a way that undermines public protection. We are not giving up on any individual serving an IPP sentence. We will ensure that each one gets the support and access to the risk education and risk reduction work that they need. I will ensure that Terry is receiving all the support he needs.
(4 months, 2 weeks ago)
Commons ChamberOrder. I thought we had had six. I call James Cartlidge—[Interruption.] You have had your six questions—I was correct! I call Jonathan Brash.
Mr Jonathan Brash (Hartlepool) (Lab)
It seems that, like the right hon. Member for Braintree (Sir James Cleverly), the hon. Member for South Suffolk (James Cartlidge) cannot count, let alone stand up on behalf of the public.
I thank my hon. Friend the Member for Hartlepool (Mr Brash) for his question. Our NHS has a strong record in delivering new medicines for rare diseases. The evaluation process is rightly led by NICE. As I understand it, the manufacturer of the new treatment for Friedreich’s ataxia has withdrawn from the process. However, the door remains open for the company to re-engage. I am happy to arrange the meeting that my hon. Friend seeks to help ensure more broadly that everyone gets the care they deserve while we are investing an additional £29 billion in the national health service.
(8 months, 2 weeks ago)
Commons ChamberThe hon. Member will know that, with a judicial challenge, there will be some constraints as to what I can say publicly, and indeed even privately in a meeting. I will take advice to ensure that nothing compromises the legal process.
Mr Jonathan Brash (Hartlepool) (Lab)
The Sentencing Guidelines (Pre-sentence Reports) Act 2025 has now received Royal Assent and I congratulate the Lord Chancellor on her swift action, but it would never have been necessary if sentencing guidelines were not the preserve of an unelected, undemocratic quango in the form of the Sentencing Council. Does she agree that we need a democratic lock, or even a vote in this place, to approve new sentencing guidelines?
I have said many times at this Dispatch Box that that whole episode revealed a democratic deficit. I am reviewing the roles and powers and we will come forward with legislative changes in due course.
(9 months, 1 week ago)
Public Bill Committees
Bradley Thomas (Bromsgrove) (Con)
Q
Baroness Newlove: I certainly do. The media give out information, and I have learned more about my sentencing remarks because I never got them until very long afterwards. Every victim, not just those of sexual crimes, has a right to see those sentencing remarks, because it gives them time to digest. You leave the courtroom thinking that you know everything, but as your memory and emotions come, you start asking yourself questions.
Sentencing is very technical: you hear a sentence, then it is reduced if they have been on remand—there are boxed-off things. Also, as I found out, there are tariff reviews for juveniles, which even the probation service was not aware of because there are very few of them. If you look at the crime rate, you will see that we are getting younger offenders in prison. We have to prepare families for the tariff review, which means that offenders go to appeal to reduce their tariff, so you go through that.
It should not simply be a case of saying, “There are the sentencing remarks.” There are implications, and every victim has a right to see the sentencing remarks. It is about them, and it affects the decisions about what the offender will do, and it should be the victim’s right to have that information. They do not have any advocates to speak for them, and the prosecution pursue their own case. If the media can get things out there, why can we not give it to victims and families?
Katie Kempen: From our perspective, accessing sentencing remarks is an issue for victims. They would like to be able to access them. We welcomed the pilot and its continued roll-out.
I have a nuanced response because victims’ needs differ. If there is to be wider publication, we need to see whether any protection is needed for individual victims, rather than carte blanche, “Yes, publish them all.” A key issue is explaining the sentencing remarks to victims. Again, in our “Suffering for Justice” report, where victims did not have the sentencing remarks explained to them, it caused them real anguish and distress. They should be able to have the sentencing remarks explained to them, and where they do, it helps their recovery journey and brings closure. My answer is yes, with some nuance. We need the explanation, and we need to treat the victims like a human being who has gone through a traumatic experience.
Dame Nicole Jacobs: I agree.
Mr Jonathan Brash (Hartlepool) (Lab)
Q
Katie Kempen: Yes. Particularly when looking at antisocial behaviour, we absolutely welcome the additional powers for the Victims’ Commissioner. Brutally, the Victims’ Commissioner knew what the issues were surrounding antisocial behaviour—the last time she was in office, she wrote a fantastic report that has still not been fully implemented and enacted.
At Victim Support we would like to see an ASB charter so that victims of antisocial behaviour have clarity on their expectations and rights, and on the responsibilities of each organisation. Victims are far too often ping-ponged between different organisations. They do not hear their rights in terms of the reviews.
As Baroness Newlove has said, there is a cohort of victims who slip through the net in accessing victim support services. Their case may not reach the criminal threshold that gets them to victims code rights, but they are still finding that their lives are essentially ruined by antisocial behaviour. Those cases are complex, difficult to resolve and take significant advocacy. We need some clarity on rights and responsibilities in that arena.
Baroness Newlove: I add a request to get rid of the term “low level.” The police start by thinking that antisocial behaviour is low level, and if you train your police officers with that narrative, they will not give respect to victims. Antisocial behaviour is horrendously violent to the individual. For my last report I met victims whose houses were nearly burned down, but the local authorities never came. I have met a victim of arson against their car, which nearly murdered the family because she was sleeping on the sofa—the police never came out, but the fire officers sat there for two hours.
We have to get away from looking at antisocial behaviour as low level, because it is the route for violence upon violence. I do not want to talk just about me, but my husband was murdered. Before that, it would have been treated as antisocial behaviour. If he had lived, it would have just gone through the system. If you leave antisocial behaviour, it is like a cancer; it will spread and spread.
That is where it helps communities, if you really want to get to the nub of all this. As Victims’ Commissioner, I am delighted about being able to go to a housing provider, but you are quite right about the implementation and accountability. This is going to take many attempts, but it has to start with the police to stop the ping-ponging. There is a human there who is feeling suicidal. You will act if they take their life, like Fiona Pilkington or David Askew did, and that is too little too late.
Caroline Voaden
Q
Rebecca Bryant: I would say that the vast majority of local authorities and housing providers up and down the country resource their response to antisocial behaviour, but there has been a significant impact on that since 2008, with austerity and the cuts that have happened across local authorities. I believe that the toolkit itself is strong. There is a mixture of early intervention and prevention, which we absolutely know work. Around 75% of complaints around antisocial behaviour are resolved first time. When we are talking about taking cases to court, we are only talking about a small minority of all the complaints.
There is something there about us understanding the real picture of antisocial behaviour in the country. A million incidents of antisocial behaviour were reported to the police last year, but our YouGov survey suggests that over 50% of people do not report antisocial behaviour, so imagine doubling that number to 2 million, and then adding on top the incidents recorded by housing providers and local authorities: we are probably looking at more like 4 million or 5 million incidents of antisocial behaviour. It is a really significant problem; it is pernicious and causes great damage to communities and individuals alike.
There are certain things that we strongly feel should happen. We did some work with the all-party parliamentary group a couple of years ago, looking into the complexity of antisocial behaviour. We made a recommendation that there should be a pilot for a specialist housing court that could look at the complexity around antisocial behaviour. You are asking an ASB officer to be an enforcement person, a mediator, a victim support person, a mental health expert and a social worker.
We recognise that people who perpetrate antisocial behaviour can often be victims themselves and have had traumatic experiences—adverse childhood experiences—in their lives, which might be the root cause of their antisocial behaviour. We need to have something like a specialist court, and we need the judiciary who look at antisocial behaviour to be trained to understand the complexity, because we often find that judges are not necessarily trained in antisocial behaviour when they look at complex cases.
The resources required are wide. It is about not just local authorities and housing providers but the community safety partnership, because we know that a partnership response is what resolves antisocial behaviour. It is not about one single agency, and it is certainly not just within the auspices of the police.
Mr Brash
Q
Rebecca Bryant: We have long called for a campaign on antisocial behaviour to explain rights. That is one of the reasons why we have Antisocial Behaviour Awareness Week, when we talk about how to report and what people should expect when they report antisocial behaviour. I liked the idea from Victim Support that perhaps we should have a charter that explains people’s rights: you can ask for an ASB case review, you can make a complaint to the ombudsman if you are dissatisfied, and you can—if this element of the Bill passes—make a complaint to or request support from the Victims’ Commissioner.
Equally, we must remember that this is about stopping antisocial behaviour. Often when members of the public report antisocial behaviour, they are looking for a specific outcome. That outcome might be to evict the person who is the perpetrator, when actually, that is not our role. Our role is to stop the antisocial behaviour from happening. So there is always something, on behalf of housing providers and local authorities, about managing the expectations of the individual who is making the complaint and being really clear on what antisocial behaviour is, what you can resolve as an individual, and what we can do to support you as an organisation. We need to be much clearer about what people can expect from us as the agencies and our response.
Charlotte Hamilton-Kay: Absolutely. I will make a couple of points. Rebecca has mentioned the ASB case review. The disparity in its administration across England and Wales is a real issue for victims. We released a report last year that showed there are some areas in England and Wales that, in four years, have still not held one ASB case review, and this legislation has been around for over 11 years. That is purely because victims are not aware of the case review’s existence. They are not able to make an application because it is not publicised. We have to ask why it is not publicised. Practitioners feel that it is a complaint process and will involve them being questioned on why they have made the decisions they have made in case management, and victims are really missing out on the opportunity to explain the impact of what they are experiencing.
As Baroness Newlove mentioned, we really need to standardise the threshold for an ASB case review application, so there are no additional caveats—it is three instances in six months and that is it. We also need to standardise how it is publicised and how victims are made aware of it, because a lot of people are still unaware. A report that you at Resolve issued in the last couple of years said that 87% of people were still unaware of this tool’s existence, so in 11 years we have not done a very good job of making people aware of it.
Finally, on the concept of a victim being able to express what they are experiencing, when we are talking about tenants, everybody experiences things differently. What might be really impactful to me could just go straight over your head. It is all about your personal circumstances and what your experience is, what your triggers are and what you happen to have been experiencing that day. We need to be very clear about what is antisocial behaviour, what is unreasonable behaviour and what is inconsiderate behaviour, and manage the expectations of what people can and cannot demand change to. Managing the expectations of victims is part of the support network. When they know what to expect and what can and cannot happen, and when they are not dealing with that unknown, it makes it a lot easier for them to cope.
Adam Thompson
Q
Rebecca Bryant: It is very difficult to see this Bill in isolation, considering we have the Crime and Policing Bill going through Parliament at the same time. We want to be in lockstep and to recognise that we need not only to support victims and communities, but to consider the drivers for antisocial behaviour—where it is happening and how we can better respond, whether that is through a legal toolkit or by putting checks and balances in place. For example, I gave evidence to the Joint Committee on Human Rights last week around checks and balances on ensuring that we recognise the human rights of individuals versus the community, and how we do that.
Having a spotlight on antisocial behaviour can only be a good thing if it is what the majority of people in the country say is a high priority. Having spoken to lots of Ministers, Governments and civil servants over the last 25 years that I have been working on antisocial behaviour, that priority has not gone away. When you look at our survey results on the impact of antisocial behaviour, one in seven people say that their mental health is impacted, and one in 10 actually move home because they are a victim of antisocial behaviour. Over 50% of people do not report it to us. Why not? Is it because they do not trust us to respond? Is it because we do not advertise how to report it to us? There is something there that we need to be think about, and we need to do more research into that.
With the Crime and Policing Bill, there will be mandating of data collection. For the first time since the crime and policing Act that is there at the moment, we will be gathering information on use of early intervention and prevention tools, and we will be able to evaluate what works, what we want to invest in and how we train our staff. We will look at legal action and whether the new respect order—as it will be once it has been piloted—works. What is the impact of positive requirements and what is the impact of sentencing? What is the impact of increasing fines as a deterrent?
At the centre of that, we will have the Victims’ Commissioner, advocating for individual victims of antisocial behaviour—in a different way, perhaps, from the way the ombudsman will be looking at complaints, the ASB case review looks at a response or the social housing regulator looks at things. The Victims’ Commissioner is actually advocating for the individual victim or the communities that are being impacted, and that can only be a good thing.
(9 months, 1 week ago)
Public Bill Committees
Alex Brewer
Q
Mark Brooks: It is not so much in the Bill, and the Minister knows our position on this, but there continues to be an issue with how male victims of domestic abuse, sexual abuse, stalking and other crimes are seen by society and, importantly, within the justice system. We know that the present and the previous Victims’ Commissioners support the position that male victims of domestic abuse should not be classed as victims of violence against a woman or a girl. A son, as covered by the Victims and Courts Bill, has been characterised, classed and defined by successive Governments as a victim of violence against a girl, even though he is obviously a boy.
The same issue applies to male victims of domestic abuse. Successive Governments have officially classed them as being victims of violence against a woman. We are asking that “violence against women and girls” be changed to include male victims. When the Bill is enacted, any male victim covered by it should no longer be classed as a victim of violence against a woman or a girl. That has to change; it is quite Orwellian, aside from anything else, as it is clearly incorrect.
We therefore need to get more male victims recognised in their own right. They would then have more access, more understanding and better support to be able to come forward and benefit from the measures in the Bill. This is a wider political issue. Just to reiterate, we want to keep the violence against women and girls strategy and definition, but we want a parallel view for male victims.
Mr Jonathan Brash (Hartlepool) (Lab)
Q
Mark Brooks: We believe it is right that a perpetrator, or somebody who has been sentenced, should be forced to be present at court, including at sentencing. It is important that victims not only see that justice is being done in terms of sentencing and the court experience, but feel that it is being done. Seeing the person being convicted in front of them, with their family and the wider community, is absolutely essential, so we support the measures on that in the Bill.
In terms of it being a spectacle, the bottom line is that we must act in the interest of the victim, the person who has had the crime committed against them. They must be the priority, so we are in favour of the measures put forward by the Government.
Mrs Elsie Blundell (Heywood and Middleton North) (Lab)
Q
Mark Brooks: I work in wider policy around men’s health and I have been helping the Government on the men’s health strategy call for evidence, which is out now. In terms of language, I often see literature in which men are not visually present, so it is important that men in all their shapes, sizes and guises are visible. Also, there needs to be more outreach, often targeting where men go, not where you think they should go. Leaving things in libraries and GP surgeries, for example, will not reach men. We need far better promotion online and through community groups, barbers and sports clubs—Facebook is also really important for men—basically reaching out to where men go.
There is a huge growth in community-based support charities for men, which have grown exponentially in the last five years—things like Men’s Sheds, Andy’s Man Club, Talk Club and so forth. Some of them are in the room next door, giving a presentation about the men’s health strategy, so use those. The justice system and the people within it can be smarter in reaching out to non-statutory organisations.
(9 months, 3 weeks ago)
Commons ChamberMy hon. Friend highlights yet another piece of excellent work that is going on across our prison estate in partnership with other organisations. Again, if she writes to me, I would be happy to allow my diary manager to see how my diary is performing.
Mr Jonathan Brash (Hartlepool) (Lab)
The north-east charity Nepacs runs departure lounges across prisons in the north-east, including at HMP Holme House, which serves Teesside. Its work is critical in giving prison leavers a central point of support to prevent reoffending and help them reintegrate into society, but the Probation Service has cut its funding and it faces closure. Will the Minister meet me to talk about how the increased funding that we are providing to the Probation Service can be used to protect this vital service?
My hon. Friend highlights another excellent piece of work that is going on, and the difficulties in ensuring that funding is effectively used as we move forward in a difficult situation due to the funding inheritance that we had from the previous Government. If he writes to me about that particular case, I will be very happy to meet him.
(10 months ago)
Commons ChamberOrder. We have a number of Members still to get in, so can hon. Members remember to keep their questions and answers short?
Mr Jonathan Brash (Hartlepool) (Lab)
Location and curfew restrictions using electronic tagging to stop hyper-prolific offenders going anywhere near a place where they could reoffend; a requirement to engage in mental health, drug and alcohol treatment, including the use of sobriety tags to address the cause of criminality; putting offenders back to work cleaning up the communities they have harmed; chemical castration for sex offenders; the speeding up of foreign deportations; and the largest prison expansion ever—does the Lord Chancellor agree that this is about putting victims and the public first?
My hon. Friend is absolutely right. This Government are determined to clean up the mess left by the previous Conservative Government and to put victims first, cut crime and make our communities safer.