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.