Court Waiting Times: Kent

Josh Babarinde Excerpts

Tuesday 8th April 2025 Westminster Hall

[Josh Babarinde (Eastbourne) (LD)]

It is an honour to serve under your chairmanship, Mr Stringer. I congratulate the hon. Member for Chatham and Aylesford (Tristan Osborne) on securing this debate.

As I have said in the Commons Chamber before, the fact that tens of thousands of victims and survivors have been waiting years for their day in court is one of the darkest inheritances this Government have taken on from those that came before. The backlogs in Kent are unacceptable, and so are those in Sussex, where both I and the hon. Member for Bexhill and Battle (Dr Mullan) hail from.

We have heard about the problems in Kent, so I will not go over those again, but I will share Sussex’s woes, which are not dissimilar. For example, our Crown court faced a 117% increase in backlogs at the end of last year compared with 2019. That is 1,166 open cases in limbo, of which 195 are sexual offences cases waiting to be heard and 316 are violence against the person. New court listings are running into 2027 and beyond.

As the hon. Member for Chatham and Aylesford said, these are not just statistics—they are people. In Eastbourne and beyond, they are individuals awaiting justice, victims in prolonged distress, families seeking closure and communities yearning for safety. The agonising delays also mean that victims and witnesses may withdraw from proceedings, as we have seen time and again, or that those who do stay in the mix find their recollections weakening over time and the quality of evidence declining, which compromises the dispensing of justice altogether. We have heard this twice already, but I am going to say it again because it is so true: justice delayed really is justice denied.

While the Government’s announcement of additional court sitting days is welcome, we all know that it is a drop in the ocean, as the Justice Secretary has said in the Chamber. For that reason, the Liberal Democrats welcome the Leveson review, and I have met with Sir Brian to input my proposals, on behalf of the Liberal Democrats, for tackling this scandal. In particular, we have been calling for a presumption against sentences of less than 12 months, in light of the 58% reoffending rate among those offenders, which demonstrates that these sentences are not effective at tackling crime—they do not provide time for sufficient tough in-custody rehabilitation to take place.

Ultimately, the Government must turbocharge their efforts to prevent the very crimes that end up clogging our courts in the first place, as part of a public health approach to tackling crime. That includes, for example, investing in the diversionary youth provision so neglected by the last Government. Before I arrived in this place, I dedicated my career to running an organisation as one of those providers. Youth provision is about much more than pizza, ping-pong and PlayStation. It is about creating safe spaces for young people to develop pro-social values—sensitive communication, conflict management, team working and the rest—all skills that support people to function at the core of society, rather than being pushed to the antisocial or criminal margins.

For as long as these delays continue, and victims and survivors are left in limbo, the Government must support the victims’ charities that provide essential help and guidance to those facing that lengthy anguish. That is why it is heartbreaking that the Government have proceeded with cuts to PCC core funding and the national insurance contributions increase, which organisations such as Victim Support have said are tantamount to a 7% real-terms cut in their funding. I have heard the Government respond that tackling violence against women and girls is protected, but Victim Support has said that, notwithstanding that protection, there are still significant problems. I sincerely hope that the Government will reconsider those moves. Victims in Eastbourne and across the country deserve that, as well as the robust action needed to tackle the gross injustice of these lengthy court delays.

Sentencing Council Guidelines

Josh Babarinde Excerpts

Tuesday 1st April 2025 Commons Chamber

[Madam Deputy Speaker (Caroline Nokes)]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

There is only one group in this House that lost control of our justice system: the decimated former Government on the Opposition Benches. Overcrowded prisons, reoffending through the roof, victims waiting for justice—what a disgrace. That disgrace continues today through the downplaying of the impact of intergenerational trauma—of which child abuse is a form—by the shadow Justice Secretary.

I thank the Lord Chancellor for engaging with me on this issue in advance of her statement. Our criminal justice system’s ability to take someone’s freedom away is one of the most humbling powers that it holds, which is why sentencing decisions must include all available information. Pre-sentence reports are a critical part of that process. She mentioned pregnant women, survivors of domestic abuse and survivors of modern slavery as important examples of where that is considered. However, because everybody has a context, the Liberal Democrats believe that such reports should consistently be made available whenever anyone’s liberty is at stake. We will therefore scrutinise the legislation through that lens of equality before the law.

It is rich of the Conservatives to complain about inequality in our justice system when it was they who presided over a state of affairs in which someone from one our country’s most deprived areas is 10 times more likely to be in prison than someone from the least deprived, someone who looks like me is four times more likely to be stopped and searched than others, and people with special educational needs represent half the prison population compared to a fifth of the general population. Will the Justice Secretary outline how she will fairly tackle those disparities to restore confidence in the justice system, which was so shattered by the Conservative party?

[Shabana Mahmood]

I thank the Liberal Democrat spokesman for his questions. He is right: as I said in my statement, pre-sentence reports are an incredibly vital tool for judges. In fact, the requirement is that they should ask for a pre-sentence report unless the court considers it unnecessary to do so. There is a strong push towards obtaining pre-sentence reports in the vast majority of cases. The Probation Service that I inherited from the previous Administration has struggled under increased workloads. It was a service that the Conservative party privatised and then partly renationalised—our Probation Service officers, who do vital work every single day, have been through the mill.

I have been making changes to the focus of the Probation Service in the last few months to pivot its work to focus on high and medium-risk offenders and free up probation capacity, so that more time can be spent doing vital work such as the preparation of pre-sentence reports. I will carry on working with the Probation Service to ensure it is ready to do what is asked of it, to a very high and consistent standard, which I know will be important to all Members. I have already announced 1,300 extra probation officers in the financial year that has just passed and another 1,000 in the coming financial year. Probation remains vital to the preparation of pre-sentence reports, and we will ensure it is in a position to meet the asks that are made of it.

On the hon. Gentleman’s wider points about disparities across the criminal justice system, I thank him for the spirit in which he has engaged with me on those matters. I have the same concerns as him, but I believe we should understand what the latest data is showing us. That is why I have asked for a review of all the current data, and we should test any solutions we come up with. They are policy solutions, so they would have to be debated and passed in this House, and politicians are ultimately responsible at the ballot box for the choices they make, but those solutions have to work—they have to yield a change in these disparities. That is what I want to test.

In my engagement with the Sentencing Council on this particular guideline, it has accepted that the causes of the disparities are unclear, and no one is sure whether the changes to pre-sentence reports would make a difference anyway. I am not willing to sacrifice public confidence in the criminal justice system or chip away at the idea of equality before the law for solutions that are appropriate for debate in this place and that we are not even sure would work. I look forward to working with the hon. Gentleman closely in the coming weeks and months on these issues.

Miscarriage of Justice Compensation

Josh Babarinde Excerpts

Wednesday 19th March 2025 Westminster Hall

[Josh Babarinde (Eastbourne) (LD)]

It is an honour to serve under your inaugural chairmanship, Mr Turner. I look forward to speaking in the debates that you chair in the weeks, months and years to come.

I congratulate the hon. Member for Ceredigion Preseli (Ben Lake) on securing this debate, the focus of which strikes at the heart of our justice system: principles of fairness, accountability and, ultimately, the duty of the state to right its wrongs. There are no two ways about it: those who have been wrongfully convicted are not merely victims of an unfortunate mistake; they are victims of a gross failure of the state. These individuals have lost not only their liberty, but their livelihoods, their families, their reputations, their dignity and much more. For all the talk of compensation today, no amount of money is able to restore a loss of such profound dimensions.

On the subject of compensation, the miscarriages of justice compensation scheme was set up with the best of intentions to ensure that those who have suffered the gravest injustices are properly compensated. However, as we have heard both in the Chamber today and beyond, that system has perpetuated the injustices it was meant to put right. How? We have heard that in cases where a person’s convictions are quashed, our system forces them to jump acrobatically through legal hoops to access even the most basic financial redress.

We have heard about the case of Andrew Malkinson, who spent 17 years in prison following a conviction that transpired to be unsafe. He had to wait years beyond that for his first tranche of compensation, and he is still waiting for the rest. Such waits and injustices are a national disgrace, not least because they are experienced by so many across our country.

The hon. Member for Liverpool Riverside (Kim Johnson) mentioned the sub-postmasters and sub-postmistresses who also suffered such gross injustices after being wrongly convicted in the Horizon Post Office scandal. People like Kathleen Crane, the former sub-postmistress at Old Town post office in Eastbourne who was wrongly convicted of fraud and made to “pay back” £18,000 that she never owed before her conviction was overturned last year. Despite the injustices that those caught up in this scandal faced, the Horizon convictions redress scheme and the Horizon shortfall scheme—the two special compensation schemes—have been paying out compensation at much too slow a pace, which is a great dishonour to those who were unfairly convicted. I thought the Business and Trade Committee put it aptly when it said of the process that it was,

“akin to a second trial for victims”.

Many folks in this Chamber and beyond, across party political divides, have long campaigned for a fairer approach to addressing miscarriages of justice. The Liberal Democrats are proud to have been part of that tradition, and we continue to be. We believe that when the state wrongfully convicts an individual, it has a moral and legal duty to provide full and proper compensation without unnecessary bureaucratic barriers, or barriers that undermine fundamental maxims of our legal system. That is why urgent reform is necessary. We must ensure that compensation is granted promptly without retraumatising legal battles, and must ensure that it reflects not just the financial cost, but the emotional and psychological toll of wrongful imprisonment. When the state gets it wrong in such a profound way, it must have the courage to put things right.

I conclude my remarks by touching on an insightful comment made by the hon. Member for Strangford (Jim Shannon) about victims and survivors. What we are talking about today, being passionate about correcting these injustices, is not incompatible with supporting those victims and survivors who are brave enough to come forward, who report what has happened to them to the police, who take what has happened to them to the court, but who ultimately do not get the conviction they hoped to secure. To have a criminal justice system that works for those victims and survivors, it is critical that everybody can have confidence in how it functions on both sides of the dock and both sides of the courtroom.

I look forward to hearing the Minister’s take. Again, I congratulate the hon. Member for Ceredigion Preseli for securing this debate.

Domestic Abuse Offences

Josh Babarinde Excerpts

Monday 17th March 2025 Commons Chamber

[Josh Babarinde (Eastbourne) (LD)]

It is an honour to lead this debate on domestic abuse offences, and a particular honour to do so on the very spot from which I saw the most moving speech that I have ever seen in the House of Commons being given. It was in 2016, around November or December time, and it was given by Michelle Thomson, who was then the independent Member of Parliament for Edinburgh West. She spoke about her experience of abuse and being a victim of violence at the hands of a man, and at the end of that speech she said:

“I am not a victim. I am a survivor.”—[Official Report, 8 December 2016; Vol. 618, c. 409.]

Those words sent a shiver down my spine, gave me goosebumps, and unlocked in me a real determination to try to use my own experience and my family’s experience to improve what life is like for victims and survivors across the country.

I say in Michelle Thomson’s words that I, too, am not a victim, but I am a survivor. As a result of that, and also of my mum’s experience at the hands of a former partner of hers, we know what domestic abuse looks like. I know what it is to be crying upstairs under the covers as a child, listening to shouting, screaming, smashing and the rest coming from downstairs and not knowing if mum was okay. I know what it is to go downstairs the morning after and see broken glass, or a kicked-in hoover and the rest, and to not know whether mum was okay. I know what it is to live in a household where you are worried that any word that you say, any movement that you do and any thought that you might have can be attacked by an abuser in your own home who is meant to keep you safe and who you are meant to trust.

There are so many people across our country who are victims and survivors of domestic abuse and other forms of abuse. It is estimated that one in five people will be a victim or a survivor of domestic abuse in their lifetime. In my view, the law does not go far enough to protect people in those circumstances. Great progress was made in the last Parliament in the form of the Domestic Abuse Act 2021, which defined domestic abuse in law for the first time. It also created a series of domestic abuse-aligned offences, including coercive and controlling behaviour, non-fatal strangulation and non-fatal suffocation, but I am afraid that that piece of legislation, and indeed our legislative framework overall, do not go far enough to recognise the domestic abuse that my family has experienced and that many Members of this House will be familiar with, too.

An example of a failing in the law exists in the form of the experience undergone by an extremely brave and inspirational survivor, Elizabeth Hudson. Elizabeth was a victim, a survivor, of domestic abuse at the hands of her ex-husband. He, among many other terrible acts at home, held a knife to her throat. He was convicted of assault occasioning actual bodily harm for his crimes. For her, and for so many, such a conviction does not reflect the full gravity or the full circumstances of such a nefarious crime. That has led to all sorts of problems, not just for Elizabeth but for many other survivors as well.

[Jim Shannon (Strangford) (DUP)]

I first commend the hon. Gentleman for his courage in telling his personal story. We are all moved by it—I know I am—and I thank him for that. He has shown himself to be a determined, capable Member of Parliament, and I wish him well.

Across Northern Ireland, we witness people being arrested for first-time domestic offences. Ultimately, the charges are not prosecuted in court and the cases are dropped. Fast forward and people are re-arrested for domestic charges that are in fact worse, showing a pattern of escalating violence. Does he agree that arrests for domestic abuse must be fully investigated and, if proven, prosecuted to the full extent of the law to protect people from violence and instil confidence in the judicial system?

[Josh Babarinde]

I thank my friend the hon. Member for his kind words, and I completely agree that all abusers, domestic or not, must face the full force of the law. It is critical that happens for victims and survivors to have confidence in the police and our wider criminal justice system, and that is lacking for many victims and survivors. We see that in some of the consequences of the SDS40—standard determinate sentences—early release scheme that the Government had to implement in the light of the poor state that the last Government left our prisons in.

[Emily Darlington (Milton Keynes Central) (Lab)]

I thank the hon. Member for bringing forward such an important debate. Does he agree that one of the challenges of the current system is that domestic abusers and perpetrators are often convicted of a single act when domestic abuse happens over many years and can vary in the type of attacks and abuse that happen? Convicting abusers and perpetrators for the totality of their abuse therefore becomes difficult, and the prosecution will often go for the easiest single act to convict, thereby early release and the length of the conviction do not reflect the amount of abuse that their victim-survivor has had to endure.

[Josh Babarinde]

The hon. Member is absolutely right that domestic abuse is more than just an act; it is a campaign—a campaign of abuse, of misery and of an abuse of power by one or more people against another, and that is what makes it so difficult to convict.

There are so many areas in which the law could do better, and I was speaking about the early release scheme as an example. The scheme would release folks who had served 40% of their sentence rather than 50%. The Government nobly made a commitment to survivors that they would do everything possible to exclude domestic abusers from being released early under the SDS40 scheme, recognising that it can be super-destabilising for survivors, who need to prepare for when their abuser is back in society, their community and their neighbourhood.

Unfortunately, we know many domestic abusers were released early under the SDS40 scheme. That happened because the only way someone can be excluded from, or included in, an early release scheme is on the basis of the offence they have committed—something the Justice Secretary has confirmed—and not on the basis of anything else we might know about their behaviour. The problem is there is no specific offence of domestic abuse in the law. We therefore cannot properly exclude those people from an early release scheme, if that is something we are committing to those survivors.

Instead, we know domestic abusers are often convicted of actual bodily harm, assault or battery. Those offences were criminalised by an Act written in 1861—the Offences against the Person Act—that was not written with domestic abuse in mind. As a result, so many domestic abusers are falling through the cracks, and so many victims and survivors do not get the justice or recognition they deserve.

[Warinder Juss (Wolverhampton West) (Lab)]

I congratulate the hon. Gentleman, a Justice Committee colleague, on securing this debate. Victims of domestic violence are often women. Does he believe we would likely give domestic violence more attention if it were classified as domestic abuse? Does he think that might make a difference in giving more attention to domestic violence cases?

[Josh Babarinde]

I thank my Justice Committee colleague for his intervention. Of course, domestic violence is a form of domestic abuse, but we must remember that domestic abuse covers so many different kinds of activity, including emotional abuse, financial abuse, physical abuse and sexual abuse. It is critical that we recognise them all, because all too often there is disproportionate recognition of, say, physical violence, but some of the more hidden forms of abuse are just as damaging to victims and survivors.

[Leigh Ingham (Stafford) (Lab)]

I thank the hon. Gentleman for securing a debate on this incredibly important issue.

I am the MP for Stafford, Eccleshall and the villages, and Women’s Aid Staffordshire is based in my constituency. I have raised these statistics before, but we have seen a 361% increase in referrals to its sexual violence service in recent years, and an 851% increase in referrals to its specialist counselling services. Does the hon. Gentleman agree that we are facing a national crisis?

[Josh Babarinde]

I thank the hon. Lady for sharing those statistics. More than a national crisis, this is a national emergency, and Women’s Aid has rightly declared it so. That is why it is now more important than ever that our legal framework properly recognises domestic abuse in law.

I have described how our current legislation is leaving survivors without the respect and the protection they deserve. For example, many abusers qualify for early release when the Government’s intention is that they should not. I have raised this a number of times in this House and beyond, including on the Justice Committee. Ross Gribbin, a director general at the Ministry of Justice, confirmed that the only way of closing this loophole is through primary legislation that this House must debate and vote on.

That leads us to think about the solutions to patching up this legal loophole. The solution must be to create a specific offence of domestic abuse in law. I have proposed a very specific way of doing it, in consultation with a number of stakeholders, and that is to create a series of domestic abuse aggravated offences in law. In the same way that we have racially and religiously aggravated ABH, GBH, assault and so on, we would have a domestic abuse equivalent.

[Alex McIntyre (Gloucester) (Lab)]

I thank the hon. Gentleman for making a powerful speech on a subject that I know matters to so many people in this House.

Does the hon. Gentleman agree that we need to consider not just aggravated offences but sentencing? Killed Women is campaigning to close the sentencing gap. Perpetrators who murder women at home receive shorter sentences than those who murder women on the street. Having domestic abuse aggravated offences would end that injustice when it comes to sentencing.

[Josh Babarinde]

I thank the hon. Gentleman for making that point. The law is already going some way to achieve that. Domestic abuse is already an aggravating factor in sentencing at the back end, but it is not an aggravating factor at the front end in terms of the offence for which people can be convicted. We know there is a precedent for making domestic abuse an aggravating factor. The Crime and Disorder Act 1998 introduced a number of aggravating factors, and it was extended to include racially and religiously aggravated offences. We ought to amend that legislation to include domestic abuse.

However, this is about far more than being able to include or exclude domestic abusers from early release schemes. This is also about data. I asked the Ministry of Justice a very simple written parliamentary question just before Christmas: how many domestic abusers are currently in prison and what is their reoffending rate? The response was:

“It is not possible to robustly calculate the number of domestic abusers in prison or their reoffending rate. This is because these crimes are recorded under the specific offences for which they are prosecuted”.

In other words, we do not know how many domestic abusers there are because there is no specific offence of domestic abuse in law. Instead, they are convicted of, for example, offences under the Offences against the Person Act 1861. This is a national scandal. We should know how many domestic abusers there are in prison.

The Government have a powerful ambition, which I fully support, to halve violence against women and girls over the next decade, but how can we possibly know whether we are achieving it if we do not know how many domestic abusers are in prison at any given time? More than that, if we are serious about reducing reoffending—I dedicated my career before coming into this place to doing exactly that kind of work—how can we know what kind of interventions are the most successful if we have no way of measuring that because there is no specific offence of domestic abuse in law?

[Dr Danny Chambers (Winchester) (LD)]

I commend my hon. Friend for speaking so eloquently and movingly about his personal experiences. There is a recognised link between animal abuse and domestic abuse. I pay tribute to organisations such as the Links Group that train veterinary professionals to recognise when the cases they are seeing may be indicators of abuse or domestic abuse, which ties in exactly with what he is saying. If there is no specific offence of domestic abuse, it is really hard to signpost and give guidance to everyone in the community on how to proceed, so that people are identified and helped at an early stage.

--- Later in debate ---

[Josh Babarinde]

I completely agree. We know that there are links between domestic abuse and animal abuse. We also know that there are links between domestic abuse and child sexual abuse, for example—this is a link that I have experienced the hard way. Again, our legislation and the data we are collecting are not helping us to make that link in the way that we could, so that we could figure out which interventions are best at busting these social ills.

There are more reasons why a specific offence of domestic abuse is so critical. Let us take Clare’s law, which is the scheme that allows individuals, mostly women, to request to see information about the offending histories of their partners. If they qualify for the scheme, they get to see things like the charges that individual has faced or the offences they have been convicted of. It would be very easy for an abusive partner to explain away a conviction or a charge for assault or battery as, say, a brawl with a stranger in a pub, but would they be able to explain away domestic abuse-aggravated assault in the same way? No.

[Calum Miller (Bicester and Woodstock) (LD)]

I thank my hon. Friend for making such a powerful speech and for his courage and leadership on this matter. He asks about the ways in which the perpetrators of domestic abuse might hide their crimes. In my constituency of Bicester and Woodstock, I have heard too many examples of women suffering abuse who are not finding a way to cut through to the authorities. Does he agree that, too often, cuts to victim support and an inaccessibility of legal aid are preventing the victims of domestic abuse from starting the process that might ultimately lead to charges for the kinds of aggravated offences that he is so rightly calling for?

[Josh Babarinde]

My hon. Friend is absolutely right. It is critical at a time like now, when we have heard about the scale of the national emergency of domestic abuse, that victim support organisations are adequately funded. I have met representatives of a number of organisations, including Victim Support, that in light of cuts to police and crime commissioner core funding and the national insurance contribution increase are facing a 7% real-terms funding cut. We should be funding these organisations more, not less, at this time to support constituents such as those my hon. Friend has mentioned.

There might be some challenges to my proposal. A challenge that was put to me was, “Josh, might this not lead to the very sentencing inflation that the Government are trying to avoid now to ensure that our prisons do not fill up so quickly?” My response to that is twofold. First, domestic abuse, as we have explored in this debate, is already an aggravating factor in sentencing. It already carries a greater sentence. I am proposing that we enhance the front end, as I said earlier, not just the back end.

My second response to that challenge is that the Crime and Policing Bill that the Government put before this House very recently—Second Reading was last week—creates a number of brand new offences. They are offences that I completely agree with and commend the Government for, including assault of a shop worker and a dedicated offence of spiking. These are the right things to do, but if we can do that for those crimes, surely we can do it for the crime of domestic abuse.

I remember in the Crime and Policing Bill debate several Members, particularly on the Government side, praised the trade unions for their campaigning to get the offence of assault against a shop worker over the line. I agree that great campaigning by trade unions helped to achieve that, but the survivors and victims of domestic abusers do not have such a union. We in this House are their union, which is why we must campaign for a dedicated offence of domestic abuse to protect them.

I am pleased and proud that so many have rallied around this proposal to create a specific set of domestic abuse offences in the law. Women’s Aid, ManKind Initiative, Refuge, Victim Support and many more charities and support organisations in this space believe that this needs to be done. I am really grateful to many of my Liberal Democrat colleagues, who are sitting around me now, for backing this proposal, but also to those across this House; I am particularly thankful to Members on the Government Benches who have privately reached out to me to express their support for these proposals, and I know a number of them have expressed that support to their Front Benchers as well. I am grateful to lots of our media outlets for getting behind this and for platforming the campaign, in particular the team at “Good Morning Britain”, which helped me launch this campaign and the Bill I am holding in my hand to make this proposed offence closer to a reality.

I am also thankful for the many warm and constructive conversations I have had with Ministers, including the Minister for victims the hon. Member for Pontypridd (Alex Davies-Jones), the Minister for safeguarding the hon. Member for Birmingham Yardley (Jess Phillips) who I met a couple of weeks ago, and the Minister for prisons Lord Timpson, but also for the exchanges I have had with the Solicitor General and the Secretary of State for Justice in this Chamber. I appreciate that constructiveness, but I am really keen now for more than warm words: I am keen for action.

Victims and survivors need and deserve the recognition that the creation of a brand new specific offence of domestic abuse in law would create and I stand ready to work with anyone in this Chamber and beyond to make it a reality.

--- Later in debate ---

[Alex Davies-Jones]

My hon. Friend is a tireless campaigner on this issue. To echo the words of the Prime Minister, the family courts should never be allowed to be used as a means for an abuser to continue their abuse, and this Government will report on the issue of presumption soon.

We need to ensure that the severity of domestic abuse is captured in our sentencing framework. We have committed to implementing two of the outstanding recommendations made in Clare Wade’s domestic homicide sentencing review to make murders involving strangulation and those connected with the end of a relationship statutory aggravating factors.

We are further strengthening our response through the improved management of perpetrators. We have launched domestic abuse protection orders in selected areas, combining the strongest elements of other orders to protect victims from all forms of domestic abuse. They put tough restrictions on abusers and can include orders for behaviour change programmes to finally stop the cycle of abuse from repeating. Since February, offenders sentenced for 12 months or more for coercive or controlling behaviour are now automatically eligible for management under multi-agency public protection arrangements. That rightly puts the response to this awful offence on a par with physical violence.

Alongside our work to tackle offending, we are strengthening protection for victims. Our new victims’ code will help ensure that every victim of crime, including domestic abuse, understands their rights, and will also ensure that we can properly monitor the service that local agencies are offering. The duty to collaborate will improve how local commissioners commission services for domestic abuse victims. We are also increasing the power of the Victims’ Commissioner, so that there is more accountability when victims are let down by the system.

On funding, we are continuing to prioritise support for victims and survivors of abuse. Police and crime commissioners are provided with funding to commission local practical, emotional and therapeutic support services for victims of all crime types, including domestic abuse. The criminal justice system is facing considerable demand pressures and a challenging fiscal environment. Difficult decisions have been made regarding funding, but we have continued to prioritise victims of violence against women and girls by protecting that spending within the Ministry of Justice, maintaining last year’s funding levels for sexual violence and domestic abuse support this year. This will ensure that domestic abuse and sexual violence support services can continue their vital work. That is on top of the core funding that we give to police and crime commissioners to allocate locally, and I should stress that we are encouraging police and crime commissioners to prioritise victims of violence against women and girls in their budgets.

Our work to tackle domestic abuse and better support victims will require a cross-Government approach—we have already heard this evening how important it is to include the Department for Environment, Food and Rural Affairs, as well as the Treasury and financial services. We will use every lever in our power and work with key partners across Government to deliver against this ambition. I am proud to co-chair the violence against women and girls mission board, which brings together Ministers from across Government with responsibility for this area to drive forward delivery of our mission. I have also been engaging extensively across Whitehall on prevention and early intervention, as well as on the wider support that victims of domestic abuse need, such as safe housing provision or support for their pets. All of our important work will be underpinned by a new strategy to combat violence against women and girls, which we will publish later this year.

I now turn to the particular interest of the hon. Member for Eastbourne in creating a cohort of domestic abuse offenders in order to exclude these offenders from early release measures, as he has set out. As he knows, SDS40 was an emergency measure introduced to avert a prison capacity crisis that this Government sadly inherited. However, we made sure to exclude certain offences from that change, including: sex offences, irrespective of sentence length; serious violent offences with a sentence of four years or more; and a series of offences linked to domestic abuse, including stalking, coercive or controlling behaviour, and non-fatal strangulation. As the hon. Member has said, exclusions from the policy are based on offences, not offenders. This means that it has not been possible to exclude all offenders with a domestic abuse history, as there is no current single means of determining whether a given conviction was for an offence committed in the context of domestic abuse.

I am hugely sympathetic to the issues that the hon. Member has raised this evening. However, I am not convinced that his particular solution—creating a series of domestic abuse aggravated offences—is the right one. I am concerned about the unintended consequences of attempting to capture and define via a list of specific offences the full spectrum of offences in which domestic abuse could be a factor. As we have heard this evening, that spectrum of offences is vast, and I am extremely wary that attempting to capture them in a list could unwittingly create a system in which some offences are deemed serious enough to constitute offences that could be aggravated by domestic abuse, whereas other offences in which domestic abuse could play a part are not. For example, we should not return to the outdated view that domestic abuse only involves physical violence. As my hon. Friend the Member for Congleton (Mrs Russell) has said, economic abuse should also be taken into consideration, and it will be a core part of this Government’s violence against women and girls strategy.

This Government are dedicated to ensuring that the harm caused by offences typically committed against women and girls—including domestic abuse—is appropriately and proportionately reflected in the sentencing framework. That is why the sentencing review chaired by David Gauke, the former Lord Chancellor, has been asked to look specifically at the sentences for offences primarily committed against women and girls. I recognise that being able to better identify domestic abuse offenders throughout the system and to capture that data is important in supporting victims and managing perpetrators.

[Josh Babarinde]

I thank the Minister for her response and for her feedback. I appreciate that setting a static list of offences to which a domestic abuse aggravation is connected could mean that when offences and the nature of domestic abuse change, things get left behind. Would she therefore consider a more open-ended aggravation that is dynamic and could attach to any offence? What I have proposed is an aggravation on the basis of the definition in the Domestic Abuse Act. Would she consider a more dynamic one that does not list a finite number of offences?

[Alex Davies-Jones]

The hon. Member makes an important point, and he has pre-empted the next section of my speech. The Government and I are actively considering how we can better identify domestic abuse offenders, and I want to reassure him that nothing is off the table. I would be happy to work with him, and I invite him to come and meet me to discuss how best we do that in more detail. I know he has a similar agreement from my ministerial colleagues and those he has already met to discuss it.

Tackling domestic abuse is a top priority for this Government and a core part of our mission to halve violence against women and girls over the next decade. We are working across Government and using every lever in our power to deliver against that ambition—not more rhetoric, but action; deeds, not words.

Question put and agreed to.

Sentencing Council Guidelines

Josh Babarinde Excerpts

Monday 17th March 2025 Commons Chamber

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

I would like to think that all in this House believe in equality under the law, in sentencing matters and otherwise, but it is clear that two-tier justice has existed in our country, having been governed by two-tier Tories who thought they could get away with illegal No. 10 parties while the rest of us were told to stay at home; two-tier Tories such as the shadow Justice Secretary, who unlawfully approved a development for his donor; and two-tier Tories who have pummelled our prisons and crashed our courts, leaving victims to pay the price. Can the Minister tell us how he will reform sentencing in England and Wales to protect the victims and survivors so let down by the Conservatives?

[Sir Nicholas Dakin]

The hon. Member is perfectly right to underline the importance of equality before the law. He gives me the opportunity to give a plug to the independent review of sentencing being conducted by David Gauke with an independent panel, which will address the issues that he has raised.

Oral Answers to Questions

Josh Babarinde Excerpts

Tuesday 11th March 2025 Commons Chamber

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

On behalf of the Liberal Democrats, I start by associating myself with the comments made at the beginning in relation to Joanne. So many victims and survivors rely on the victim contact scheme to know when their abuser is being released from prison or moved to an open prison and to have input into the kind of conditions that should exist when they are released. However, the system that we have inherited from the last Government is such that only survivors whose abusers have been convicted for more than 12 months qualify for the scheme. In the upcoming Victims, Courts and Public Protection Bill, will the Minister commit to scrapping that threshold so that all victims and survivors can qualify for the scheme?

[Alex Davies-Jones]

We are looking carefully at the victim notification scheme as part of any forthcoming legislation, to ensure that victims’ rights are taken into full consideration and that victims are aware of the situation if that is deemed appropriate. I look forward to working with them closely, and I have no doubts about how we should develop the best and strongest possible laws to support the victims of all crimes in our country.

--- Later in debate ---

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

The independent sentencing review and the Justice Secretary have been taking inspiration from Texas when it comes to reforming our criminal justice system. She might be aware that Texas has a dedicated set of domestic abuse aggravated offences to help protect and respect survivors. Will she support me and Liberal Democrat colleagues in introducing proposals to the Crime and Policing Bill in order to make similar changes to the law in England and Wales?

[Shabana Mahmood]

I have not yet seen the hon. Gentleman’s proposals, which may be on their way, but I will look at them carefully. He will know that the picture is complex. Even jurisdictions with a catch-all domestic abuse offence face issues ensuring that it keeps up with the type of behaviour that they are trying to stamp out, and that other offences do not fall off, so there are technical issues in how such law works in practice. I would be happy to have further such conversations with him. I know this matter is of great interest to him and to Members across the House.

Courts and Tribunals: Sitting Days

Josh Babarinde Excerpts

Wednesday 5th March 2025 Commons Chamber

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

Tens of thousands of victims and survivors waiting for their day in court is one of the darkest legacies of the last Conservative Government. I feel that sincerely because, under that Conservative Government, I was one of those victims. After two decades of agonising over whether to report my own victimhood as a child, I waited two years for my own opportunity to seek justice in the Crown court. That is years of your heart racing whenever you get a phone call from an unknown number. Is it the court? Is it the Crown Prosecution Service? There are years of anxiety that your perpetrator will retaliate, and years of your life excruciatingly on hold. Many victims today are being forced to sit with all this for far longer than I did. The Liberal Democrats and I personally welcome the Justice Secretary’s announcement.

However, we all know that a huge backlog will remain, which means that victims and survivors will continue to be let down. At a time when victims and survivors need more support during these agonising waits, Government funding cuts and national insurance contribution increases are putting services such as Safeline and Victim Support at risk. Will the Lord Chancellor outline her year by year targets for reducing this backlog, and will she increase, not cut, support for charities to ensure that victims and survivors get the support that they need and deserve?

[Shabana Mahmood]

I thank the hon. Gentleman for his remarks and I pay tribute to him for his bravery in his own personal life, as he has sought justice for the crimes committed against him. His journey reflects that of too many people across our country. I have constituents whose cases are trapped in the Crown court backlog, so I hear regularly of the impact that it is having, and I am alive to the human cost. That is why, at every available opportunity, I have sought to make progress in increasing funding and allocation in-year and have made this record settlement for the next year. Of course, I know that we need to go further and do more. The work of Sir Brian Leveson is crucial because we know that without reform, no matter how much the Crown court sits, that backlog will still rise. I hope that when that review reports, I can count on support for reform from across the House. I hope that all those who want to see the Crown court backlog come down will want that reform. We have ringfenced funding for victims of rape and serious sexual offences, as well as domestic abuse. We will shortly set out our victims Bill, which will include further measures to strengthen the victims code.

The hon. Gentleman asked about targets and timelines—forgive me, the shadow Justice Secretary also raised that point. I have committed to once-in-a-generation reform of our Crown courts. Once Sir Brian Leveson’s review has reported and the Government have made decisions on the recommendations that they will take forward and have legislation ready, we will be able to set out the impact of future legislation to bring down that Crown court backlog.

Arbitration Bill [Lords]

Josh Babarinde Excerpts

Committee of the whole House
Tuesday 11th February 2025 Commons Chamber

[Dr Kieran Mullan (Bexhill and Battle) (Con)]

I rise to contribute to the Committee stage debate on the Arbitration Bill on behalf of the Opposition. I thank Lord Bellamy, the previous Conservative Minister who originally introduced the Bill in the Lords in the previous Parliament, and I recognise the work of the Law Commission. Much of this Bill is based on the excellent work that the Law Commission did in considering the original legal framework for arbitration.

We fully support this Bill’s objective of modernising and strengthening the UK’s arbitration framework. Arbitration is a vital pillar of our legal system, supporting businesses, individuals and international commerce while reinforcing London’s position as a world-leading hub for dispute resolution. It is important that this legislation is as robust, effective and fair as possible. The Committee stage presents an opportunity to ensure that the Bill delivers on its promise, and we welcome the improvement that it introduces. I do not intend to go through all the Bill’s clauses, but I reassure the House that the necessary scrutiny that one would expect from the Opposition in Committee is taking place. I will just touch on some of the key clauses.

First, clause 1 provides welcome clarity on the governing law of arbitration agreements, particularly in light of the Enka v. Chubb case in 2020. Defaulting to the law of the arbitration seat where no choice is specified increases certainty for businesses.

Secondly, clauses 3 and 4 extend arbitrator immunity to protect them from liability unless bad faith is proven. This is an important step to ensure that arbitrators can act independently without undue fear of litigation. We must retain an effective safeguard to challenge an unreasonable resignation, and we welcome the Minister’s reassurance that parties affected by an arbitration resignation are not unfairly disadvantaged.

Thirdly, clauses 5 and 6 streamline the process for jurisdictional challenges. Parties will either need to seek a preliminary ruling from the court under section 32 of the Arbitration Act 1996, or wait to challenge jurisdiction under section 67.

Fourthly, on the procedural innovations covered in clauses 7 to 9, the introduction of summary disposal of claims is an important step towards greater efficiency, though we would welcome reassurances from the Government that they will monitor its use so that we can be sure that it is applied carefully and fairly, and does not have any unintended consequences. We believe that the recognition of emergency arbitrators is a positive step that enhances the availability of urgent relief, aligning the UK with international best practice.

Also of note is the right of appeal in clause 13. As the Minister stated, there was an unusual previous drafting issue that suggested that appeals to the Court of Appeal were permitted only if expressly allowed under the 1996 Act. That was incorrect. Clause 13 corrects the error, ensuring that appeals are permitted unless specifically restricted. This is a vital change to uphold fairness and legal certainty.

I want to acknowledge an important issue that was raised in the other place by Lord Hacking, whose contributions to the discussion on arbitration have been incredibly valuable. I know that other Members have also pressed for greater scrutiny of how confidential arbitration could be misused to conceal corruption. We welcome the Minister’s assurances that arbitral institutions are taking steps to mitigate those risks, and we believe that the Government must remain actively engaged in monitoring and addressing potential abuses, and not rule out taking further action at an appropriate time if it becomes necessary.

Beyond the issue of corruption, other crucial areas were mentioned in the other place; these are important and warrant further Government attention. They include the need for expedited hearings to prevent undue delays in arbitration proceedings, the role of third-party funding, and ensuring transparency and accountability in funding arrangements, as well as the authority to mandate mediation between parties, where appropriate, to encourage resolution outside of arbitration. The Minister’s attention to these issues is essential, so I would welcome confirmation that they will be addressed in due course.

In conclusion, the Arbitration Bill is a necessary and welcome step in ensuring that the UK remains a pre-eminent jurisdiction for arbitration. However, as with any legislation, its success depends on the details. The Opposition remain committed to ensuring that the Bill delivers legal clarity, procedural efficiency and fairness while upholding the integrity of our arbitration framework. I commend this Bill to the Committee and look forward to seeing its rapid progress through the House.

[Josh Babarinde (Eastbourne) (LD)]

I rise in support of this Bill, which introduces important measures to modernise our arbitration framework. We Liberal Democrats welcome the approach that the Government have taken in refining the Bill’s provisions to ensure clarity and effectiveness.

Clause 1 is a key part of this new Bill, and we are fond of the changes made following the recommendations from the Special Public Bill Committee in the previous Parliament. For example, the Committee proposed removing two words to prevent undue confusion, and I am pleased that the Government have accepted that recommendation. In addition, the Government have further clarified that investor state arbitration agreements derived from treaties or non-UK legislation will not be subject to the default rule, which is a welcome and sensible step that is necessary to bring greater legal clarity to the process.

I also welcome the five amendments to clause 11, which enable procedural reforms under section 67 of the 1996 Act. These changes respond directly to concerns raised in the last Committee, and strike the right balance between efficiency and fairness in arbitration proceedings.

Further improvements were made in the other place, where the Government tabled amendments to clause 13 to correct drafting issues, which have been mentioned, and to ensure that access to the Court of Appeal aligns with established case law. These amendments received cross-party support and I am pleased to reinforce the Liberal Democrats’ support for them today.

This Bill strengthens the UK’s arbitration framework by improving clarity, ensuring fairness and refining procedures. We support its passage and urge the House to do the same. We do not expect any problems with that.

[Sir Nicholas Dakin]

I give my sincere thanks to hon. and right hon. Members on both sides of the House for their contributions today to what has been a succinct and precise debate. We are all agreed that this is an important step forward, and I am particularly grateful to the Opposition spokesman, the hon. Member for Bexhill and Battle (Dr Mullan), and the Liberal Democrat spokesman, the hon. Member for Eastbourne (Josh Babarinde), for welcoming the improvements to the Bill and recognising that they have been the work of many people in the Lords and the Commons as well as of contributors from outside, as my hon. Friend the Member for Harlow (Chris Vince) reminded us earlier.

The hon. Member for Bexhill and Battle raised the important issue of corruption. As I mentioned during the Bill’s Second Reading debate, arbitral corruption is not the result of our domestic framework, which provides several effective remedies to quash corrupt practices. We support sector initiatives to enhance anti-corruption practices such as the International Chamber of Commerce’s anti-corruption taskforce, and we will push for the adoption of best practices as they are developed.

The hon. Member also raised third party litigation and funding issues. The Government have carefully considered the impact of the UK Supreme Court judgment in Paccar, and have decided to wait for the outcome of the Civil Justice Council review before deciding whether to legislate. A comprehensive review of the market will allow us to take a wider range of factors into account. Following the Paccar judgment, concerns have been raised about the need for greater regulation of litigation funding agreements and greater safeguards for claimants. This is therefore an opportune moment to review the status of the market. The review is being undertaken by the Civil Justice Council, supported by a wider consultation group of experts across this area. The final report and recommendations will be published in the summer of 2025, after which the Government will consider the way forward.

The hon. Member also mentioned mandated mediation, and I will try to pick that up as well. The Government agree that dispute resolution, such as mediation, has a key role to play in ending disputes more quickly and cheaply. This is why all parties to a small money claim in the county court are now required to attend a free one-hour mediation appointment with His Majesty’s Courts and Tribunals Service’s small claims mediation service as an integrated step in the litigation journey. This reform will help thousands of people and businesses each year to resolve their legal disputes without the need for a court battle. We will continue to work to drive the uptake of dispute resolution throughout the justice system to allow parties to resolve their disputes more consensually and at an earlier stage.

That concludes my responses to the points raised during the Committee of the whole House. I once again thank all those who have contributed to the debate.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clauses 2 to 18 ordered to stand part of the Bill.

The Deputy Speaker resumed the Chair.

Bill reported, without amendment.

Third Reading

--- Later in debate ---

[Josh Babarinde]

I thank everyone to whom the Minister rightly gave recognition, particularly the behind-the-scenes officials whose work we do not often see, but without whom such landmark legislation would not be possible.

The Liberal Democrats welcome the Arbitration Bill, inasmuch as it represents a significant step forward in modernising and enhancing the arbitration process in the UK. With over 5,000 arbitrations a year in England and Wales, worth about £2.5 billion a year to the economy in fees alone, arbitration has long been a critical alternative to traditional court proceedings, providing a more efficient, cost-effective and flexible way to resolve disputes.

One of the Bill’s key merits is its effort to streamline the arbitration process, which can be complex and protracted. By introducing these clearer guidelines and enhancing the powers of arbitrators, the Bill will help us to secure quicker resolutions, reducing delays and backlogs in the justice system. This is crucial for businesses that seek fast and decisive outcomes to disputes.

Of course, arbitration is part of a wider family of alternative dispute resolutions that help to take pressure off our courts. Recognising this, I pay tribute to legal professionals and firms in Eastbourne that work day in, day out, to facilitate many of these alternative dispute resolutions, including Heringtons, Cramp & Mullaney, Hart Reade, Gaby Hardwicke, Stephen Rimmer, SO Legal, Hobson & Latham, Mayo Wynne Baxter, Lawson Lewis Blakers, Cornfield Law, McCarthy Webb—whose services I have used—and many more.

We are pleased to support this Bill for the reasons that I and many other Members have discussed. It will ultimately help to position the UK as an attractive destination for global arbitration, reinforcing its status as a leading centre for business and legal expertise, whether we are talking about the financial capital of the UK or the sunshine capital of the UK, Eastbourne, with its legal expertise, to which I have just alluded.

The Liberal Democrats are pleased to back this Bill, and I am proud to support it.

Question put and agreed to.

Bill accordingly read the Third time and passed.

Business of the House (Today)

Ordered,

That, at this day’s sitting—

(a) notwithstanding the provisions of Standing Order No. 16 (Proceedings under an Act or on European Union documents), the Speaker shall put the Questions necessary to dispose of proceedings on the Motions in the name of Secretary Jonathan Reynolds relating to Terms and Conditions of Employment not later than two hours after the start of proceedings on the Motion for this Order;

(b) the Speaker shall put the Questions necessary to dispose of proceedings on the Motion in the name of Lucy Powell relating to Scrutiny of European Statutory Instruments not later than one hour after the start of proceedings on that Motion; such Questions shall include the Questions on any Amendments selected by the Speaker which may then be moved;

proceedings on these motions may continue, though opposed, until any hour, and may be entered upon after the moment of interruption; and Standing Order No. 41A (Deferred divisions) shall not apply.—(Anna Turley.)

Oral Answers to Questions

Josh Babarinde Excerpts

Tuesday 28th January 2025 Commons Chamber

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

In a recent written parliamentary question, I asked the Government how many domestic abusers there are in prison and what their reoffending rate is. Under the system this Government inherited from the Conservatives, they said that

“It is not possible to robustly calculate the number”.

That is shocking, and is in part because there is no specific offence of domestic abuse in the law to properly reflect and recognise these crimes. My Domestic Abuse (Aggravated Offences) Bill would correct that loophole. When will the Secretary of State honour the commitment she made on “Good Morning Britain” to meet me to discuss my Bill and how we can better protect victims and survivors?

[Sarah Sackman]

Tackling domestic abuse is a priority for this Government. The Domestic Abuse Act 2021 sets out a broad statutory definition of domestic abuse, which is improving our understanding of the wide range of behaviours that can constitute this abuse. While not constituting a stand-alone offence, domestic abuse is considered an aggravating factor routinely throughout our criminal justice system, and rightly so. That is the reason why that data is not collected, and that is the position we will maintain.

--- Later in debate ---

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

Confidence in the criminal justice system can be achieved only if support for victims and survivors is adequately funded, but charities such as Victim Support, whose services I have personally benefited from, have said that for them, the hike in employers’ national insurance contributions amounts to a real-terms budget cut of 7%. Victims need more support, not less. Will the Secretary of State fight to reverse that damaging cut and help restore victims’ confidence in the criminal justice system?

[Shabana Mahmood]

The hon. Gentleman will be aware of the difficult fiscal inheritance for this Government, and that we have had to make some difficult choices. We received a good settlement from the Treasury at the last Budget, but it is not without its challenges, given the high demand in our system. He will know that we have protected funding for victims of violence against women and girls, including rape and sexual offences. We have sought to protect the most vulnerable victims when making decisions on our victims funding packages.

Drones: High-security Prisons

Josh Babarinde Excerpts

Tuesday 14th January 2025 Commons Chamber

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

The word that was missing from the shadow Justice Secretary’s question just now was “sorry”. A National Audit Office report said of the then Conservative Treasury’s investment in prison maintenance and security that

“capital budget allocations for prisons have been well below the level needed.”

Who was a Treasury Minister at that time? None other than the shadow Justice Secretary. Today’s report is the latest chapter in a catalogue of Tory prison failures that scuppered their mission to reduce reoffending, and therefore let down victims of crime. Will the Minister tell us about a new approach to better empower governors with the investment and the autonomy needed to properly invest in prison maintenance and security? What investment will he make in prison officer recruitment through programmes such as Unlocked Graduates, which are critical to help drive security in our prisons?

[Sir Nicholas Dakin]

The hon. Member is right about the failures missing in the shadow Minister’s question. He is also right to ask what the Government are doing to support prison officers and prison governors. We are investing in that, and we will announce a new programme for training and developing new governors very shortly.