Prison Capacity Strategy

Josh Babarinde Excerpts

Thursday 12th December 2024 Commons Chamber

[Madam Deputy Speaker]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

I thank the Minister for advance sight of the statement, and I thank the Chair of the Justice Committee, the hon. Member for Hammersmith and Chiswick (Andy Slaughter), for the point of order that I think helped to bring the Minister to the House with this statement today.

Years of neglect under the previous Conservative Government have left our prisons overcrowded and unequipped to provide the tough rehabilitation required, which has let down victims and survivors in my patch and across the country. In fact, as recently as this week, the Conservative Opposition let down those victims and survivors by voting against the measure to exclude people such as stalkers and murderers from the early release scheme.

The result of the Conservatives’ incompetence is the SDS40 scheme—the standard determinate sentences early release scheme—which has seen thousands of ex-offenders released early to unlock emergency prison places. The Minister knows my concerns about that scheme, particularly in relation to domestic abuse, and I hope she will support my proposals to patch it up. Will she, however, confirm what the criteria will be for reviewing the scheme next year?

Ultimately, Liberal Democrats believe that we need a sustainable solution to tackling this problem, because more prisons mean more offenders, more offenders mean more victims, and more victims mean more failure. With 80% of people in prison being reoffenders, we know that reducing reoffending must be the key. I know that from having spent my career before reaching this place supporting kids out of crime and gangs, so why, in a prison capacity statement of over 1,000 words, was reducing reoffending mentioned just once? Will the Minister reaffirm her commitment to that effort, and can she provide more details on how she will reduce reoffending to protect victims and survivors across this country?

[Alex Davies-Jones]

I thank the Liberal Democrat spokesman for his comments, and he is right to raise the issue of reoffending. It is important to note that we have prison capacity available to protect the public, to lock up high-risk offenders and to ensure we have public safety measures available, but we obviously see tackling reoffending as a serious priority. We are looking at it across Government and pulling every lever available to us. Every Department must come together to tackle it, and part of that is the independent sentencing review. As he knows full well, however, when we have a prison population that is running at boiling hot, we cannot get into our prisons and do rehabilitation work. Yesterday, I was really pleased to visit His Majesty’s Prison Downview and see the vital work being done with the women in that prison, which is really important to achieve rehabilitation on the outside, prevent reoffending and protect the public.

On SDS40, the hon. Member will know that we had to take immediate action within days of coming into office to protect the public, and to ensure we had places in our prisons to lock up high-risk offenders and keep the public safe. Legally, we could only exclude offences, not offenders, and we did introduce a wider set of exclusions than under the last Government’s early release scheme. All offenders released under the scheme are on licence and are subject to recall. We are working to ensure that we never again get into the position of having emergency releases, and that we have prison places available and can work on rehabilitating our prisoners so that they can serve a vital role in society.

Oral Answers to Questions

Josh Babarinde Excerpts

Tuesday 10th December 2024 Commons Chamber

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

There are no specific domestic abuse offences in law, so abusers hiding behind convictions such as actual bodily harm are being let out early under the SDS40 early release scheme. That is not right, so I have introduced the Domestic Abuse (Aggravated Offences) Bill to create a specific set of domestic abuse aggravated offences—a bit like racially aggravated offences—that could be excluded from early release schemes. Women’s Aid is backing my Bill; will the Secretary of State back it, too?

[Shabana Mahmood]

The hon. Gentleman is right to note that, under current legislation, it is possible to exclude only offences, rather than classes of offender. I am sure that his Bill will gain some interest across the House. If any such changes were to be made, they would be for the future, as they do not help us with the current crisis. I will ensure to discuss the details of his Bill with the Home Secretary.

[Josh Babarinde]

I thank the Secretary of State for that answer—I hope to have the chance to meet her to discuss it in more detail. The Liberal Democrats are deeply concerned about survivors who have been told that, as it stands, their abuser is set to be released early. One such survivor is Elizabeth Hudson, who I met on the set of “Good Morning Britain” today when launching this campaign. She has written to Ministers about her concerns, but says that she has not received a response. Will the Secretary of State meet Elizabeth and me to discuss her case and how survivors can be respected and protected?

[Shabana Mahmood]

I believe that all who have written have received a response from the Ministry, but I will chase down that specific case. The way we implemented the policy meant that we were able to give the Probation Service time to prepare which was not available to it under the previous Tory Government’s end of custody supervised licence scheme. That means that all victims who were supposed to be notified under the victim contact scheme have been notified.

Draft Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024

Josh Babarinde Excerpts

Wednesday 4th December 2024 General Committees

[Josh Babarinde (Eastbourne) (LD)]

It is a pleasure to serve under your chairmanship, Mr Mundell.

I thank the Minister for his remarks. I also thank him and the Government for taking seriously and addressing the issue of overcrowding in our prisons. They inherited a completely unsustainable position, whereby our prisons were driven to the brink by the last Government. It is clear that urgent action was needed. I am concerned, though, and so are Liberal Democrats, about the implications of the SDS40 scheme—and the administration of it thus far—for victims and survivors of domestic abuse. The Minister will be aware of this because I have mentioned it in the Chamber many times, as well as in private meetings.

It is welcome that this order seeks to tighten up loopholes in the scheme, excluding from early release perpetrators of six different offences, including breaches of restraining orders, sexual harm prevention orders and stalking protection orders, revenge porn, and indeed murderers who were convicted in other jurisdictions. But a key concern is that the order is coming in now, after the release of several thousand individuals, some of whom may fall into those categories. What I want to know, and what survivors of domestic abuse need to know, is: how many people who have breached those various orders—how many perpetrators—have already been released?

Secondly, of those who have already been released, if the number is more than zero—and my assumption is that it may well be—how many do the Government intend to recall if they are now saying that these people should be not on our streets but behind bars, continuing their punishment and robust rehabilitation?

How did the Minister and the Government come to the conclusion that these six offences, and no further ones, were to be considered as further exclusions? What consultation have they done with groups in the sector, including the likes of Refuge and Women’s Aid—I have been engaging with so many more—to understand the effectiveness of the additional six offences and whether there ought to be any more? Does the Minister have plans to further consult those groups, which are incredibly concerned about this situation?

In addition, a key concern of many victims and survivors groups is over the interaction between the SDS40 scheme and the victim contact scheme. If and when an abuser is to be let out—whether early or not—it is critical for victims and survivors to know that that has happened. It is important for them to be able to prepare for what life will be like after that moment. As it stands, the victim contact scheme only kicks in if a perpetrator has been sentenced for 12 months or longer, but we know that there are many abusers, including those convicted of common assault, who are in prison for less than that amount of time and therefore do not fall under the victim contact scheme. Refuge, and many other organisations like it that I have engaged with, have been pushing the Government to expand the victim contact scheme to include victims and survivors of all abusers, no matter how long the abuser’s sentence, and I want to push the Minister and the Government on that again today.

In the Chamber and beyond, this Government, and the Secretary of State in particular, have given assurances to victims and survivors of domestic abuse that they will keep them safe, but unfortunately that has not been the case so far. We have seen that through the loopholes that the Government left the first and second time round. More assurances are required from this Government in order for survivors of domestic abuse to feel safe in the context of the scheme, which has been brought about as a result of the last Government’s maladministration of our prison system. I will leave it there.

Oral Answers to Questions

Josh Babarinde Excerpts

Tuesday 5th November 2024 Commons Chamber

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

I welcome the new shadow Justice Secretary to his place. As he has campaigned to withdraw from the European convention on human rights, I am sure we can rely on him to champion international law for all of us across the world.

I want to ask about domestic abuse. For too long, domestic abusers have been able to exploit a loophole in our legal system, whereby the domestic abuse that they perpetrate is masked by the ambiguous conviction of common assault. This has meant that, under this Government and the previous one, domestic abusers have qualified for early release schemes. When I pushed the Secretary of State on this issue the other day, she admitted that her measures to exclude domestic abusers from early release were

“not of course fully comprehensive.”—[Official Report, 22 October 2024; Vol. 755, c. 206.]

The Liberal Democrats believe that things need to go further. Will the Minister meet me and domestic abuse charities to discuss some of our proposals for closing the loopholes so that victims and survivors get the justice they deserve?

[Alex Davies-Jones]

I thank the Liberal Democrat spokesperson for his question. He will know that certain offences are excluded from the SDS40 early release scheme, not the offender. This Government put in strict protections to protect the public, unlike the previous Government, who introduced an end-of-custody supervised licence scheme. Those who are released from sentences for common assault are flagged for domestic abuse markers, and they are given priority for electronic monitoring and risk assessments. I meet the sector regularly to look at what else we can do. We are learning lessons from SDS40, but this Government are committed to halving violence against women and girls.

--- Later in debate ---

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

An estimated 80,000 disabled young people are unable to benefit from their child trust fund savings, because their families are being thwarted by a complex legal process before they can access them. The previous Government let these families down by tolerating that, so this Government need to act. Will the Minister commit to simplifying this agonising process to ensure that these disabled young people get the cash that they deserve?

[Heidi Alexander]

This Government recognise the difficulties that parents and guardians of young people who lack mental capacity can face in accessing their child trust fund. I recently met the hon. Member’s colleague, the hon. Member for Horsham (John Milne), and his constituent about this issue. The Government will consider what can be done in a way that safeguards those who lack capacity.

Sentencing Review and Prison Capacity

Josh Babarinde Excerpts

Tuesday 22nd October 2024 Commons Chamber

[Madam Deputy Speaker]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

I thank the Secretary of State for advance sight of her statement.

Having myself grown up in a home of domestic violence at the hands of my mum’s former partner, I share the concerns of the Victims’ Commissioner and survivors of domestic abuse that loopholes in the early release scheme’s criteria could mean that some of their abusers, who have been convicted of violent offences but not of domestic violence-specific offences, may have been released early today. I know the Secretary of State attempted to provide some reassurances, but I can say to her that I have received communications from affected people outside this Chamber who are not satisfied with those assurances yet. Domestic abuse survivors deserve to be safe. Can she address these concerns today?

We welcome the Government’s determination to fix the mess that the Conservatives made of our criminal justice system through the evidence-led, independent sentencing review. The former Lord Chancellor chairing it and I have a track record of fixing things together. In my past life, I used to run a social enterprise phone repair company staffed by ex-offenders, and we ran pop-up repair shops in the MOJ, at one of which the then Lord Chancellor David Gauke eagerly presented his phone for repair. I hope this Lord Chancellor shares that collaborative fixing spirit when it comes to engaging with the Liberal Democrats and me on this review—and I will happily sort the Secretary of State out with a phone repair if she needs one.

While empirical evidence will be critical to this review, some of the most valuable insights on this matter are held by victims and survivors themselves. I was therefore disappointed not to find the words “victim” or “survivor” mentioned once anywhere in the terms of reference, although I have heard the Secretary of State say them today. Will she put that right, and outline specifically how victims and survivors will be represented and formally consulted in the sentencing review?

Finally, even though the Secretary of State has said there will be no constraints and no constrictions, something else missing from the review is the injustice of indeterminate imprisonment for public protection sentences, under which almost 3,000 people remain imprisoned with no release date. What is more, people are serving IPP sentences who have committed lesser offences than those being released today under the Government’s early release scheme. Reforming these sentences could help address prison overcrowding and the safety crisis, so why have the Government explicitly excluded IPP sentences from this review, and will she reconsider that decision?

[Shabana Mahmood]

I thank the Liberal Democrat spokesperson for his questions. I am sorry to hear about his personal experiences, but they will of course inform the valuable contributions that he makes in this House from his own lived experience.

As the hon. Gentleman knows, there is not a specific offence of domestic abuse in our legislative framework. To bring in the emergency release scheme to prevent us from running out of prison spaces in July, I have pulled every lever at my disposal. We can make these changes in law only by excluding offences, not offender cohorts or offender types. That is why the list of offences covered includes those most closely connected to domestic abuse situations, but it is not of course fully comprehensive. It cannot be, because we can exclude only offences, not offender types. I hope he will recognise that I pulled these levers as early as possible in the Parliament—almost as soon as I walked into the Department—because I wanted to give the Probation Service time to prepare for this change. Specifically, it was so that it could notify victims, work on proper release plans for these offenders, make sure that the licence conditions are the right ones and make sure that the monitoring of these offenders in the community is as strong as it needs to be.

The hon. Gentleman will also know that those who are flagged as having a domestic violence background are prioritised for tags. Every choice I have made in bringing forward these emergency release changes has been made to try to minimise the impact on victims. I really empathise with and am very affected by the concerns of victims that those who have offended against them are being released some weeks or months early. That might sound small, but I know it has a huge impact, and I do not seek to minimise that in any way. As I say, I have pulled every lever at my disposal to try to minimise those concerns.

On the sentencing review, when we reveal the whole panel we will ensure that victims’ voices are represented, as that is important. In the terms of reference we have tried to capture the fact that all of society suffers collectively when we do not get reoffending rates down. This is a strategy for cutting crime and producing fewer victims in future, which I hope the hon. Gentleman will support.

IPP sentences are specifically excluded. That is a challenging cohort of prisoners in our system, and where it is safe to do so I am determined to make progress on releasing those who are currently serving an IPP sentence. I worked with the previous Government and supported changes to the licence terms and conditions brought in by the Conservative Administration. We are implementing changes that were made in the Victims and Prisoners Act 2024, which was enacted just before the general election. What we cannot do is release people who still pose a risk to the public, and with this cohort of offenders I cannot release those who are still a danger to themselves and to others. Getting that balance right is incredibly important, and I hope the hon. Gentleman will acknowledge that it is not appropriate to put that cohort of offenders within the sentencing review.

Criminal Justice System: Capacity

Josh Babarinde Excerpts

Thursday 17th October 2024 Commons Chamber

[Madam Deputy Speaker]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

I thank the Secretary of State for advance sight of her statement. So many of my constituents are appalled by the state in which the Conservatives have left our justice system: huge court backlogs, a woefully big remand population, overcrowded prisons and so many victims and survivors without justice. I therefore welcome her determination to arrest this problem and this decline, and especially the reports of her correspondence with the Prime Minister over a fully funded Ministry of Justice. However, I want to address some of the Liberal Democrats’ key concerns about some of the proposals that she has set out.

First, the Secretary of State recognised that there may be additional issues with prison capacity in the short term. With the system bursting at the seams and with us, a matter of weeks ago, just 100 men away from the prisons being completely full, how will she prevent our prisons from collapsing as a result of these measures?

Secondly, on prison effectiveness, putting too many eggs in the prisons basket will ultimately fail to keep our communities safe. We know that 75% of ex-offenders go on to reoffend within nine years of being released. From the work I did before I arrived in this place on getting kids out of crime and out of gangs, I know that rehabilitation, done holistically, is a critical way of reducing reoffending and victimhood. How will the Secretary of State double down on rehabilitation and through-the-gate mentoring programmes to reduce offending?

Thirdly, these measures will put more pressure on magistrates courts, at a time when many, such as my own in Eastbourne, have closed. That risks forcing victims of crimes currently heard in those courts to wait even longer for justice. How will the Secretary of State address that risk?

Finally, one of the worst Justice Secretaries in recent memory, Dominic Raab, tried a similar policy in 2022, with magistrates increasing the number of people being sent to prison on short sentences. The scheme was dropped after a year, and short-sentence reoffending rates are at 57%, which is a deplorable number. How will the Secretary of State avoid these measures backfiring in a similar way?

[Madam Deputy Speaker]

Just for reference, your questions should be two minutes, no longer.

Oral Answers to Questions

Josh Babarinde Excerpts

Tuesday 10th September 2024 Commons Chamber

[Alex Davies-Jones]

I thank the hon. Member for his question. He will know that this Government have a mission to tackle violence against women and girls. As I have said, that vision pulls together Departments across Whitehall, including the Department for Education—I recently had a meeting with an Education Minister to discuss exactly that issue. I have been clear that sex with anyone who cannot consent is a crime, and we are working across Government to tackle it.

[Josh Babarinde (Eastbourne) (LD)]

From my own experience, I know that independent sexual violence advisers provided by amazing charities such as SurvivorsUK are critical guides to help survivors navigate their path to justice and peace. Could the Minister commit to redoubling her support for ISVAs and the organisations that make them available to the survivors who need them?

[Alex Davies-Jones]

I know that the hon. Gentleman is passionate about this field of justice. His question gives me the opportunity also put on record my thanks to ISVAs, who do immense work across this field day in and day out, supporting victims of these abhorrent crimes—the work they do is invaluable. This Government are committed to introducing independent legal advocates to help victims and survivors get the support they need, and we are working with our stakeholders across the sector to ensure that support is available.