(2Â weeks, 6Â days ago)
Commons ChamberI welcome the opportunity to give my personal views on this Bill, as colleagues in health have taken over responsibility for it.
I have spent most of my life as someone who was highly sympathetic to the cause of assisted dying and imagined that I would support it if I ever was an MP, but that changed in 2018 when I read the Gosport War Memorial hospital independent panel report published in that year. The report should be more widely read, and I often wonder why it did not get the attention that it deserved. It found that between 1987 and 2001, more than 450 NHS patients had their lives prematurely shortened by healthcare staff. They were mainly elderly—the average age being 81—but some were as young as 61, and more than 70% of them had been admitted to hospital not needing palliative care or being at the end of their lives.
The report describes what happened to some of them. One patient was admitted for respite care but deteriorated and became confused during his stay. Staff asked permission to give him diamorphine, but his daughter refused as he was not in pain. However, his wife later agreed, and he was started on diamorphine via syringe driver. He died the same day. A man admitted for dementia was started on a diamorphine syringe driver; staff asked his son for permission, and he gave it, but he felt that there was no explanation of what it meant to be given diamorphine. The dose was doubled, and his father died five days later. His son felt that the diamorphine had effectively killed him.
Why did that happen? It happened because the staff in that hospital and on that ward had developed a culture of prioritising convenience in looking after patients over the value of their lives. It speaks to something that we often do not like to talk about and might feel guilty about: looking after people is not only challenging but can sometimes be deeply unpleasant.
As a doctor, I have helped to look after people who, when someone approached them to give them care, would scratch or hit out at them. I have helped to look after patients who refuse to stay in bed even though it is in their best interests, and who continually wander the wards and need to be monitored all the time. Then there is something that perhaps seems benign but is sometimes very challenging: the patients who continually call out for help again and again and again, perhaps asking for a medicine or a meal that they have already been given, and refuse to be consoled.
Most of the time, that brings out the best in our nature, as we would want—to be kind, caring and compassionate —but it can sometimes bring out the worst in our nature: our impatience, our intolerance and even our cruelty. While I have seen that happen in hospitals, I know that it goes on in private homes up and down the country every day.
I will not; there is not time.
While I do not seek to say that the Bill will be used in that way—to deliberately bring about an end to the lives of confused or elderly patients—my worry is about how it will insert itself into that battle in our country between the best and worst of our natures, in families, conversations and settings where people, as much as we do not like to believe it, actively, for selfish reasons, wish that their relatives were dead, and where those relatives know that their family wish that they were dead. I do not want a Bill, or a message from this Parliament, to go out to the wider country to say that not just Parliament but the mechanisms of the NHS—a wing of the state—will sometimes support and help them to end their lives.
I remain deeply sympathetic to the scenarios and circumstances that people have described, and I can personally foresee a situation where I would want to make use of this Bill and feel that it would benefit me, but we should not legislate for what we might want. We have to legislate for what is in the broader interests of our constituents and our country, not least because, as many have articulated, the Bill has serious flaws. There is, in particular, the arbitrary decision to implement it in four years’ time, regardless of what might be happening with our palliative care services, which have, even recently, faced new and very real funding challenges.
While I understand why people think the Bill would bring benefits for some people, and I acknowledge that it would, I think that the price we are asking some of the most vulnerable and in-need people in our society to pay, and the risk we are asking them to face, is simply too high.
(1Â month ago)
Commons ChamberI am grateful for the opportunity to speak in the debate. I congratulate the hon. Member for Leeds Central and Headingley (Alex Sobel) on securing it and the hon. Member for Bolton West (Phil Brickell) on his previous efforts. I also thank my right hon. Friend the Member for Maldon (Sir John Whittingdale) for his long-standing work in this area. It was helpful that he set out in his contribution that the issue is not new and that similar attempts to use the law in such a manner go back quite some time.
Free speech is not simply a “nice to have”—it is one of the foundations on which free society is built. It allows whistleblowers to come forward, victims of abuse and misconduct to tell their stories and be heard, and journalists and campaigners to hold the powerful to account. However, free speech is not real if it can be exercised only by those wealthy enough to defend it. When people are frightened into silence not because what they have said is false but because of the cost of being right is too high, something is fundamentally wrong. That is the danger posed by SLAPPs.
At their worst, SLAPPs are not really about winning in court but about using the process itself as a punishment. They are designed to make the journey to court so expensive and exhausting that the journalist, campaigner, whistleblower or victim gives up before a judge ever considers the merits of the case. That chilling effect is not accidental—it is the point. Claims that go all the way to trial can cost an enormous amount in legal fees. Even a defendant who wins can be left with thousands of pounds of unrecovered legal bills. The threat being made is not always “We will win”; very often, it is “We can afford this for longer than you can.” Asymmetry is the weapon.
We have seen that in some of the most high-profile cases involving British journalists and publishers. Catherine Belton and her publisher faced multiple legal actions after the publication of “Putin’s People”; Tom Burgis and HarperCollins faced litigation over “Kleptopia”; and Eliot Higgins and Bellingcat were pursued through the courts by Yevgeny Prigozhin. I pay tribute to those publishers and businesses who resisted that pressure and were willing to pay those legal bills that enabled those publications to survive, when we know others do not.
These cases show how wealthy and powerful overseas actors, including Russian oligarchs, Kremlin-linked figures and large foreign corporations have been able to use or threaten to use English courts to put pressure on British journalists who are investigating corruption, kleptocracy and misconduct. That should concern every Member of this House. We have to have a situation in which journalists can continue to act without fear or favour. We want charities to be able to raise concerns about wrongdoing and survivors of abuse to speak publicly about what happened to them.
I have spoken in the House before about how the UK is the most frequent international origin of legal threats against journalists, accounting for 31% of all such cases. There are lots of things that we can be proud of about our judicial system and its popularity around the world, but that should give us pause for thought. Around 30% of SLAPPs in 2023 were used to prevent reporting of sexual misconduct. We cannot think of that as an intangible threat to freedom of speech alone: it is being used to silence victims of some of the most personal violations imaginable.
The shadow Justice Secretary, my hon. Friend the Member for West Suffolk (Nick Timothy), put it plainly in a previous debate on this subject:
“SLAPPs have been deployed by those with deep pockets against company employees, non-governmental organisations, campaign activists, survivors of abuse and people from many walks of life.”—[Official Report, 21 November 2024; Vol. 757, c. 423.]
He was right. This is experienced not only in Fleet Street, but by charity workers who have documented wrongdoing at care homes, by campaigners who have published evidence of environmental harm and by the victims of sexual violence.
Let me be clear about the Conservatives’ position: we support the principle of regulating further to stop abusive SLAPP litigation. It is not right that wealthy individuals, foreign oligarchs or large corporations can use disproportionate spending power and the threat of financial ruin to silence legitimate public interest. Any legislation must be well drafted and carefully considered. People must still be able to defend their reputations in court. If a person is genuinely being defamed or false allegations have been made against them, they must have access to justice. I am sure we have all had our own experiences. During a previous election campaign, a so-called journalist decided that my record as a volunteer policeman was entirely fantastical and made up, and that I was a criminal, and I had to get a solicitor involved to get that taken down. I am sure that we have all had similar experiences.
Clearly, at the moment the balance is wrong. The question is whether the courts should be used by those with the deepest pockets to intimidate critics, bury investigations and frighten others into silence. They should not. It is important, as many hon. Members have already done, to recognise the progress to date. The previous Conservative Government introduced the Economic Crime and Corporate Transparency Act 2023 that provided the first statutory definition of a SLAPP and created a power to strike out abusive claims at an early stage in cases relating to economic crime. We recognise, as the motion notes, that those provisions were narrow, but they were a start.
The previous Government also ran a call for evidence in 2022, covering the wider landscape of SLAPP abuse, and supported the private Member’s Bill from the then Member of Parliament for Caerphilly that would have extended those protections significantly. That Bill fell before the election and a new version of it was not proposed by the new Government.
The current Government’s record on the issue has been underwhelming. The former Prime Minister, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), described the abuse of courts by the rich and powerful as intolerable. In October 2024, the Justice Secretary promised legislation as soon as parliamentary time allowed, but it did not appear in the King’s Speech. We then learned that plans had been drafted and were ready to go, but they were reportedly shelved due to fear of the backlash from some lawyers.
Some 111 peers, including eight former Cabinet Ministers, signed a cross-party letter in April demanding action. In its 2022 model law, the UK Anti-SLAPP Coalition set out a possible clear legislative framework and has been waiting for a response ever since. The co-chair of the UK Anti-SLAPP Coalition described action on SLAPPs as “a relatively easy win”, not only for a Government, but for the protection of public interest speech and the overall health of our democratic society. I acknowledge the work done in the other place by Baroness Stowell of Beeston. For some time, the Lords have been an important advocate of legislation in this area.
The point I make to the Government is simple. They do not need to start from scratch; they have years of cross-party debate, expert testimony and the lived experience of victims. They have campaigners, journalists, lawyers and Members from across both Houses calling for action. The building blocks are there, and the Government have accepted the principle. The previous Prime Minister has called SLAPPs intolerable.
The Justice Secretary has said that legislation will be brought forward, but the King’s Speech has been and gone, so what is the Government’s plan? If the answer today is only warm words, I think the 111 peers who signed the cross-party letter, the editors of The Times, The Sun and The Guardian, the National Union of Journalists, the UK Anti-SLAPP Coalition and every Member who has spoken in this debate are perhaps entitled to a little something more. People must be free to defend their reputations in court, but wealthy individuals and corporations must not be able to abuse that freedom and use disproportionate legal firepower to silence legitimate free speech.
(2Â months, 2Â weeks ago)
Commons ChamberLet me begin, as I have throughout the passage of this Bill, by placing at the forefront my admiration for the campaigners—the families and friends of the 97 who lost their lives in the Hillsborough tragedy. On 15 April 1989 their lives were changed forever. Nothing could be done to bring back their loved ones after they were gone. Anyone who has lost someone close to them suddenly like that knows the experience of their world changing in an instant, when at one point the person they care deeply about is there, and suddenly, in the next moment, they are not. Afterwards, everything—everything else—is different.
While those deaths could not be undone, what could have changed and what could have been different was the truth about what happened to their loved ones being told to them, and it was not—not just as an act of omission, but as part of a deliberate cover-up by the police and others to protect themselves from the consequences of their failings. What might have been solely a tragic experience of grief that would of course never leave them, with a gap in their lives where their loved ones were supposed to be, was in addition turned into decades of torment as they fought so hard for that truth that was kept from them.
The Bill is born of that fight and of that torment, and it is a tribute to their determination. That is why, when I faced the Prime Minister across the Dispatch Box eight months ago, I made clear the good-faith desire of the Opposition to engage constructively with the Government on this Bill. I have sought to live up to that throughout its passage, not just for the Hillsborough families, but for the many others let down by the state and its institutions—the postmasters, the infected blood scandal victims, and those lost in the Grenfell Tower fire and other tragedies and scandals, as Members across the House have highlighted throughout the passage of this Bill.
I feel still the keen interest of the families as we reach Third Reading, but it is our job—mine, the Opposition’s and all MPs’—to both hold in one hand, sincerely and clearly, the experiences of all those people who have suffered so greatly and, on the other, our duty and responsibility to legislate carefully and in a considered way. I am deeply disappointed that this Prime Minister and this Government have made that task much, much more difficult than it needed to be. [Interruption.] I would challenge any MP—[Interruption.] Any MP, no matter—[Interruption.] I would challenge—
Order. The shadow Minister must be heard.
I just want to record that these families, and families across the country affected by the Bill, have waited years and years too long. I made a promise to these families. I looked them in the eye and said that I would bring this forward as soon as I could. I have kept that promise, and I am proud that this Labour Government are bringing this Bill in.
If the Prime Minister wanted to truly live up to that promise, he would not have introduced legislation with less than 24 hours’ notice on an issue of national security. As the House has alluded to, I would have wanted the opportunity to make this moment a purely positive one, but I am afraid that the Prime Minister has made it impossible for me to fulfil my duties to the House. To give less than 24 hours’ notice for consideration of a Bill before its Third Reading is simply unacceptable. The House, those families, this Bill deserve greater respect than that. There is simply no excuse for the series of mistakes made by the Prime Minister’s Government that have led us here—led us to a place where those of us who engaged in good faith, as I did, cannot possibly be expected to have any trust left on a Bill that has trust at its heart.
The Prime Minister announced this Bill at his party conference in 2024. The media were briefed and told that the Bill and how it would operate had the full support of campaigning families and their legal advisers. They were so supportive, in fact, that they had released statements to that effect—and we now know that that was not true: they had already explained their misgivings. Then, after the introduction of the Bill, a Minister told me directly that the families were entirely happy with how the Bill was being legislated. And that also was not true.
The Conservatives were in power for 14 years and could have introduced the Bill. Why did they not do so?
I thank the right hon. Lady for raising that point. It was on that basis that I sought sincerely to engage properly with the Bill, and the Ministers and officials who met me repeatedly would be able to attest to that. That cannot be sustained when a Government bring forward legislation with 24 hours’ notice of important matters of national security.
The Government say that they have now resolved the central tension that led to the Bill being pulled. After months of negotiations, the central claim made by their Ministers that it needed particular safeguards for the agencies working in national security has now disappeared—apparently no longer needed. A Government who have wilfully misled us repeatedly on this Bill now want us to set aside—[Interruption.]
Order. I think that the shadow Minister needs to be very careful in his use of language.
A Government who have, inadvertently, repeatedly misled us on this Bill now want us to take them on trust. I heard personally and directly from Ministers and officials repeatedly that independent safeguards were needed, and now, apparently, they are not. Supposedly, over the weekend, those concerns have evaporated, and that is totally unacceptable. We are suddenly setting aside in a matter of days what the security services have told us for 18 months, in consistent, sober, professional warnings, which coincides perfectly with the Prime Minister coming here to give his final speech on this matter. Are we really going to suggest that that genuine professional opinion has changed overnight? I do not think that it has.
As an Opposition MP myself, I must say that my party and I have been critical of the handover of power that has taken place in the Labour party, but this particular moment, on Third Reading, should belong to the families. [Hon. Members: “Hear, hear!”] We can do our party political point-scoring whenever and wherever we like, but does the hon. Member not agree that this moment should belong to the families?
Order. I will hear the shadow Minister. I appreciate that temperatures are running very high, but it is important that voices are heard in this House.
As I have said, this could have been a Bill that we supported without reservation, but I am afraid that we maintain reservations about it, entirely as a result of its mismanagement by the Prime Minister.
I want to conclude by saying that none of this takes anything at all away from the families. [Interruption.] Labour Members do not want to hear this. It does not take anything away from the Members who have done so much to bring this legislation forward, but what is clear is that the Bill is the legacy of the campaigners and MPs—nobody else is responsible for our being here. I welcome their campaigning over many years and thank them for it.
(2Â months, 3Â weeks ago)
Commons ChamberThe hon. Lady is right. If you will allow me to digress for a moment, Madam Deputy Speaker, I am often asked by constituents—I imagine other hon. Members are asked the same question—“How on earth do you get on with people on the other side of the House?” I respond by saying that I get on with them just as well as I do with the people on my side when we come together to fight a battle, take up a campaign, or defend a cause that we believe is right and good. No party has a monopoly on wisdom. No Government get everything right. Governments make mistakes, as indeed do parties, and when we are big enough to acknowledge that publicly, we grow in respect; we are not diminished by it. The hon. Lady has grown today by her suggestion, and I hope that the Minister, too, will grow when he accepts it.
We will be in a bizarre situation: the House will come together and express an unopposed view on what we should do about this issue, but before we have even done that, the Minister has indicated at the Dispatch Box that that view is immaterial and will not make a difference.
Before I deal with that directly, may I say that in championing the interests of victims, my hon. Friend has done the Conservatives and the whole House proud? He has a remarkable record of standing up for victims, having met victims’ groups and formed a connection with them that has rightly encouraged their trust. I always take his interventions on this subject seriously. He is right that there is space and an opportunity to have a mature discussion, not about where we have come from—that is pointless, as was said earlier—but about where we go from here. There are ways in which we could address the matter that would avoid our letting the most dangerous criminals on to the streets.
It is a pleasure to close this crucial Opposition day debate, and I thank all Members who have taken part for their thoughtful contributions. Before I say anything else, I want to acknowledge the people I met earlier today, along with other MPs on a cross-party basis, and who were in the Public Gallery: Jade, Charlotte, Jessica, Sarah, Erin, Carly and Angela. I also want to mention someone who has not been mentioned today: Isabelle, whose daughter took her own life when she saw the perpetrator of her crimes released early under the ordinary early release schemes. I particularly want to thank my hon. Friend the Member for Keighley and Ilkley (Robbie Moore) for reading out all the victims’ words, and letting everybody hear exactly what they have said. That was really powerful. I also thank him for acknowledging the many people watching at home, who are not here. They include Fiona Goddard, who was one of the first people to speak out after receiving her letter.
Those people are often referred to as victims, and they are victims, but they are not just victims. Being a victim does not define them. They are people with voices that they want us to hear. They came to this debate because, at the very least, they want answers from the Government, and they want MPs to support them by taking different decisions that will put them, their experiences and their welfare first. I want to say to them directly: we hear you, and I hope that by the end of this debate, the Government will have followed suit and heard you too.
When the Minister responds, I hope we will finally get answers to some of our basic questions. This Government have had eight months to answer these questions. When are people being let out, and what offences have they committed? Those are basic things that we still do not know. Instead, the Government have had to write to thousands of victims, not with answers and information, but with just enough to make each of them worry deeply about what might happen, and about whether their perpetrator will be released early; they did not know whether, or when, that would happen. That has made things much, much worse.
Victim Support, which supports thousands of victims every year, has a number of questions that it thinks it is important for the Minister to respond to, and I would like to ask them now. It wants to know how people who are not eligible for the victim contact scheme, or who have chosen not to sign up to it, will be able to access information. Those people will hear these stories and read these things in the press, and will see them discussed in the Commons. Who can they approach to find out the answers to their questions? Do the Government know what proportion of victims have been reached and informed about possible changes to their case? Are the victim contact schemes set up to be contacted? How many people are raising this issue with them? What questions are the schemes being asked? What themes are emerging? What extra support are the Government offering victims, to help them back into support services to which they lost entitlement because of the length of time that has elapsed since the offences?
The Government have not been honest with the public about this policy from the very beginning, or with MPs—not just once, on a minor point of detail, but on the three promises that mattered most to every victim who received one of these letters. The first promise was on what the Government described, and still describe, as an “earned progression model”. That framing was designed to reassure. If release must be earned through demonstrated rehabilitation, surely the truly dangerous cannot simply walk out. That is what the public were told, but that is not what the Sentencing Act ensures. Members do not need to take my word for it; the Library briefing note on the Bill said in black and white that release under these provisions is automatic, unless the prisoner actively disqualifies themselves through serious misbehaviour in custody. That is not earned release in any way, shape or form. It is automatic release, which is a fundamentally different proposition. Ministers knew that, and they knew the difference when they chose that language. I said that in Committee on the Floor of the House and on consideration of Lords amendments in January. The Government had every opportunity to correct that, and they have chosen not to.
The second promise was that the most serious offenders would not be included in the scheme. The Lord Chancellor said that, and the Under-Secretary of State for Justice, the hon. Member for Rother Valley (Jake Richards), repeated it throughout the passage of the Act. I asked him directly, in Committee, whether Labour MPs voting against our amendment to exclude certain offenders would be able to say to the survivors of child sex abuse that they had supported a Government who wanted to classify thousands of child sex offences as being not among the most serious offences. There was no satisfactory answer from the Minister. The Minister has failed repeatedly, during the urgent question and during the debate today, to explain how it is possible for a Government to say that their release scheme excludes the most serious offenders, while including in it people guilty of offences such as rape, the rape of children and child grooming. That is for them to justify.
To make matters worse, the Government have now changed the wording they use, months after passing the Act. They now say that only “the most dangerous offenders” are out of the scheme. That is hardly any more of a justification. Do we really think that these offenders are not also dangerous? It is another example of this Government’s manipulation on this issue. That wording relates to the true exclusions—of those on extended determinate sentences, which are for perpetrators whom the judge feels are particularly dangerous. I told the Government during the Act’s passage that that did not exclude serious offenders, and they did not listen. Now they are using the right wording, so they are technically closer to being correct, but they are still deeply wrong in every way that matters.
The third promise, or the third way in which the Government rammed these changes through the House, was to pretend that the measures were a short-term fix to a short-term prison capacity crisis. They are not. There is no sunset clause in the Sentencing Act. This is not emergency legislation; it is a permanent change to the law. When the Act was passed, it did not set an end date. It does not state, “Once 14,000 new prison places are built, these provisions will lapse.” It is a permanent and profound change to our sentencing laws that will be in place regardless of how many prison places are available. Victims, MPs and the public deserve to know that.
The Government made three promises—three fundamental misrepresentations of what they were doing and the implications of the Act. Those are three questions that the Government did not have an answer for when the Act passed, and still do not have answers for now. We are just weeks away from the start of the releases in September, and we still do not know how many criminals are being released and what offences they have committed.
I have been asking the Government about this for months. My freedom of information requests in March and April 2026 were refused, and my oral questions in March and May were deflected. I tabled a named-day question after the commencement order was laid in June. The deadline was missed; it was only with the intervention of Mr Speaker that we got a response, but it was not an answer. It did not give us the figures.
My hon. Friend had a very important UQ here in the Chamber, and Mr Speaker himself asked that Ministers respond to Members of Parliament when they make requests for information about their constituencies. I followed Mr Speaker’s guidance and tabled those questions to the Minister as named-day questions. None of those has been answered, and it has been quite a number of days since the named day passed. Does my hon. Friend agree that the Minister should address these points and answer these questions as quickly as possible?
Mr Speaker could not have been clearer about the reasonable expectations of Members of this House in relation to the early release of serious sexual offenders and others into their constituencies.
What did the Minister, the hon. Member for Rother Valley, say during the UQ? He said that the numbers were in the impact assessment. He repeated that twice, and he was absolutely wrong. I have read the impact assessment. Every Member who has read it will confirm that it does not contain the breakdown of offenders and their crimes that we asked for. What it contains is a description of a qualitative process of internal discussion between departmental officials to arrive at a broad estimate of the effect on the overall prison population. There is no table showing how many rapists or child groomers are going to be released. We know that is not just an omission because the Prisons Minister himself, Lord Timpson, said on “Channel 4 News” last week:
“It is impossible for us to say who will be released, where and when.”
“Impossible”—his word, not ours. He was asked again and again, but could not answer. The Minister at the Dispatch Box told Parliament that the numbers were available to us all. The Prisons Minister told Channel 4 that it was not possible to provide the numbers. Only one of them is right. What is the truth? I think that they actually do not know. I think the Ministry of Justice did not model the eligible cohort by offence type before passing the legislation. It pulled a lever of this magnitude, affecting potentially thousands of the most serious offenders in our prisons and their victims, and it did not even know what sort of vile criminals it would be letting out of prison early. That is a disgrace.
We are in this ridiculous scenario where after a huge, long fight, we now have an independent inquiry focusing on Bradford and Keighley for the national grooming gangs inquiry, yet as that process starts, perpetrators who undertook some of those most heinous crimes are being released early. There is therefore a risk that those victims and survivors across the Bradford district will be less willing to come forward and give evidence and contribute to the inquiry. Does that not concern my hon. Friend?
I can tell my hon. Friend that it is not just a risk; it is a reality. A number of the victims we met earlier said that they were speaking to people who wanted to come forward, and to speak and contribute to the inquiry, but they saw what was happening to those who had spoken up and who had an offender sent to prison, and who now see that the offender will be released even earlier. They ask, “Why would I risk these people being let out even earlier than they otherwise would have been?”
By coincidence, last night, BBC Three rebroadcast the three-part series about the online predator Alexander McCartney, who was caught when a victim reported him. It turned out that he had groomed 3,500 victims online around the world. In one case in America, he caused a 12-year-old girl to shoot herself dead; he knew that she was threatening to do that. The programme ended with the chilling statistic that out of 3,500 victims, only four had actually reported him to the authorities. It was one of those reports that led to the end of this terrible campaign. Back in 2024, the programme revealed that he had been sentenced to life imprisonment, with a minimum term of 20 years. What do the people who saw that series think about the fact that it now appears that he might be out in a fraction of that time?
The only comfort I can give is that there are some exclusions to the early release scheme. If someone is on a life sentence as a minimum term, or on an extended determinate sentence, release does not happen earlier; but we know that more than 90% of the offenders sent to prison every year for child grooming are on a standard determinate sentence and will be eligible for early release.
The Government have quite rightly highlighted the challenges around conviction rates, and I accept the criticisms that the Government have made about the reduction in conviction rates—it is an incredibly important issue—but people do not go to court for the sake of it. It is not done just for the hell of it. They go to court and want a conviction so that a sentence is passed that is an appropriate punishment. The Government take away people’s motivation to speak up when they undermine the outcome.
Let me be specific about what an assurance that serious offenders would be excluded from the scheme would actually mean in practice to a victim. We talked earlier about Fiona Goddard, a survivor of rape, sexual assault and child grooming, whose abusers were sentenced to between 16 and 20 years in 2019. I again pay tribute to her courage. Fiona received a letter from His Majesty’s Prison and Probation Service, telling her that people who abused her may be released early. She talked to the press and went to the media, and a journalist raised her case with the Ministry of Justice. The Ministry of Justice said officially, in a quote that was read out on “Good Morning Britain” when Fiona appeared on it, that the most serious offenders would be excluded. It said that to a journalist, in writing, and it was broadcast to the nation, with this victim listening in. It was saying that Fiona’s abusers had not committed offences serious enough to allow her to be protected, and would not be excluded from the scheme.
Survivors were in the Gallery today because letters landed through their doors telling them exactly the same thing. When the Minister says that serious offenders are excluded, they are saying, to every single victim who receives one of those letters, “Those are not serious offences. They are not heinous crimes. They are included in the scheme.” That is absolutely appalling, and thousands of people have received those letters.
I say to every Labour Member that this is not a partisan observation. During the urgent question, the hon. Member for Birmingham Yardley (Jess Phillips) said there should be more exemptions and that Members should work together on this, and the hon. Members for Liverpool Wavertree (Paula Barker) and for Alloa and Grangemouth (Brian Leishman) have contributed to this debate. Let us be clear: there are hundreds of Labour MPs, and not a single one of them has come to the Chamber today to defend the Government’s policy and position. That is absolutely extraordinary and tells us what we need to know. It seems that the Government just want to keep their fingers in their ears and pretend this is not happening.
I want to be clear about what has actually happened under this Government. At the same time as this Labour Government have released over 60,000 criminals early, prison capacity has fallen on their watch, so we have roughly 500 fewer prison places under a Government who seek continually to attack our record on prison building. I accept the criticism—we should have built more prison places—but in their time in office, the figure has gone down. As with so many issues, from police numbers to teacher numbers, things have got worse under this Government.
We have more than 10,000 foreign national offenders in our prisons right now, representing around 12% of the prison population and costing hundreds of millions of pounds a year. The Government could have moved faster on deportation and freed up those places. As I said, I am clear about our failings in government, and I am happy to say it again: we did build more than 14,000 prison places, but we closed too many prisons that were not fit for purpose, and that has created challenges in the system. However, as my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) and I have said, and as Members on both sides of the House have said for a long time, the failings in the prioritisation of our justice system go back many decades, over many political parties.
I say this not to make a political point but to demonstrate that these are long-term issues. When Labour was last in office, it introduced the existing automatic halfway release for all offenders. Despite that, prison capacity was so tight that Labour released 80,000 prisoners early. When Labour was last in office, it made use of early release schemes because it failed to build enough prison places to keep people in prison.
The concept of parole is age-old, but parole was based on merit; people were considered for parole if they were felt to be worthy of it. This is entirely different—this is about an automatic process, regardless of merit, and it flies in the face of both popular sentiment and natural justice.
As I said, we inherited the existing system of automatic release. During our time in office, we sought to raise the time served before automatic release to two thirds for some of the more serious offences.
I recognise that there are challenges in the prison population, and I am raising Labour’s record to make it clear that these have been challenges for multiple decades over multiple parties, including the Lib Dems when we were in coalition. That is why we have gone as far as we can with our motion to enable the Government to achieve the absolute minimum that we could ask. I do not want any serious offenders let out of prison before they have served their time. Again and again in the meeting with victims earlier, they told us how appalling it is to hear a sentence in the court, knowing that in the vast majority of cases, prisoners will never, ever serve it. I wish that people could serve even longer sentences than the ones we currently give out, but we all know we are not in a position to make those promises.
Our amendment to the Sentencing Bill was broad and sought to ensure that any serious or violent criminals—for example, people who kill by dangerous driving, people who commit manslaughter or people who commit child neglect and cruelty—were excluded from these early release schemes. The Government insisted that that is not possible, and Labour and Liberal Democrat MPs defeated us on that amendment. We are not even asking for that today. Our motion purely calls on the Government to exempt those convicted of sexual offences against an adult or a child—that is all we are asking for today.
The challenge for the Government is this. They say it is absolutely necessary to keep particular people in prison, but they do not even know how many of these people they will be letting out. For example, if they do not know that 500 rapists are going to be released, they cannot tell us, “Sorry, but we really need those 500 extra places—we don’t have the capacity” because they did not know that when they passed the legislation.
The incoming Prime Minister, the right hon. Member for Makerfield (Andy Burnham), is reportedly exploring how to tighten the scheme for child sex offenders, and we welcome that, but I want the House to understand the timeline, because it is closing. The commencement order was laid on 8 June without a ministerial statement, a “Dear Colleague” letter or a response to any of the questions raised by the shadow Justice team. We do not know the details, but we understand from reporting that the first 700 offenders will be released on 2 September, and then a similar number will be released each month for the following nine months. We understand that the total number could be between 5,000 and 7,000 offenders, but we do not know because the Government will not tell us.
The House rises for the summer recess at the end of next week and any new Prime Minister will be in Downing Street shortly after that. When Parliament reassembles in September, the first criminals will be about to be released. In fact, the first Prime Minister’s questions that the right hon. Member for Makerfield (Andy Burnham) will take will be on the day those offenders start getting out of prison. The Government, the Lord Chancellor and Ministers have had every opportunity to act differently. They could have excluded serious offenders, made a statement when the commencement order was laid and answered our questions and our freedom of information requests, but at every turn they chose not to do so.
I say with all sincerity that we know that Members on all sides of the House agree that a single sex offender released earlier than their sentence demands is one too many. There are Labour Members in the Chamber who we know agree with that. Indeed, 40 of them abstained when we originally divided on the legislation—they did not go into the Lobby and say that they believed that it was right to let rapists and child sex offenders out early. They all had doubts and some of them have spoken in today’s debate because of those doubts.
We have now descended into farce. We have been told that the Government will not oppose today’s motion and we expect it to go through, but the Minister made it clear that as far as he is concerned, that does not matter one jot and things will carry on as normal. Parliament is expressing its will today and there is an expectation that the Government should respond to Parliament’s will, but the Minister has already made clear his intention not to give a monkey’s. A vote in favour of today’s motion is to say that Parliament believes that rapists and child sex offenders should not be released early, and that victims deserve better after eight months of evasion and a commencement order laid without a word of notice to Parliament. A vote in favour of the motion would send a clear message that this House has come together to support victims.
To finish, I return to the victims I met earlier. It was a privilege to meet them. They asked us, MPs from different parties, whether what they are doing—coming here today, giving up their privacy, reliving their trauma and fighting for a conviction in the first place—was worth it? I told them that it was worth it and that it made a difference because the Government will not oppose the motion, so they have won and they have got the motion over the line. We are going to ensure that that is the case, whatever the failings of my party or the Labour party on the issues of justice, going back over many decades.
When I was frustrated earlier by the Minister’s failure and inability to answer basic questions yet again, the Minister told me to calm down. Well, I will not calm down. Whatever our failings and the Labour party’s failings during its previous time in office, victims of rape and child sexual abuse do not deserve to pay the price of political failure over many decades. We will carry on ensuring that this Government are held to account and MPs do not let down and betray the victims of some of the worst possible offences in our justice system because of misleading efforts by the Government to pull the wool over their eyes. The wool has not been pulled over the eyes of MPs from all sides of the House. It is time that the Government came clean about what they are doing and listened to the House, because this House says, “No, we do not want those people released”. The House will vote and tell the Government that, and it is incumbent on the Government and the incoming Prime Minister to listen.
The Parliamentary Under-Secretary of State for Justice (Catherine Atkinson)
I am grateful to all right hon. and hon. Members who have contributed to the debate. As Minister for Victims and Tackling Violence Against Women and Girls, I pay tribute to the victims and survivors of the grooming gangs scandal who have so bravely spoken about their ordeal, some of whom were in the Public Gallery today. Women and girls were systematically raped, exploited and abused, often over many months, and in some cases over years.
We have heard Members raise some horrific cases and we have heard some powerful testimony. The authorities that should have protected them and pursued justice on their behalf failed in those duties. Through Baroness Anne Longfield’s independent inquiry into grooming gangs, we must now get to the truth of what happened, because for far, far too long we saw a failure to act. I welcome the call of the hon. Member for Keighley and Ilkley (Robbie Moore) for the implementation of recommendations that we have seen over many inquiries and investigations, including in the Independent Inquiry into Child Sexual Abuse, which conducted a two-year investigation into child sexual exploitation by organised networks. That report was nearly 200 pages long, and I read it. I pay tribute to the victims who gave evidence to that inquiry and to so many other investigations.
As Baroness Longfield has made clear, there have already been more than 800 recommendations by previous inquiries, investigations and reviews. I spent seven years doing public inquiry work. It is absolutely essential that we listen when recommendations are made, and that is what this Government are doing. We have already been taking action to implement recommendations, and we accepted all the recommendations of Baroness Casey.
Under this Government, prosecutions and convictions for child sexual abuse are at their highest levels. The Government have made grooming an aggravating factor so that the impact of these crimes is recognised in sentencing, but we must ensure that there is always enough space in prisons. It does not keep a single victim safe if we have nowhere to lock up offenders.
Order. I know that this is a very sensitive debate, but we do not use “you” and “yours”.
Catherine Atkinson
I trained to be a barrister and spent my first years in practice at a time when victims waited months for their court trials, rather than years. At that time, the previous Labour Government were delivering the prison places we needed, but I then watched from inside the profession as 14 years of Conservative-led Governments dismantled it, bit by bit and piece by piece. Cases were delayed for years, courts were shuttered, and offenders were released with nowhere safe for probation to send them. That is not a coincidence; it is a choice, repeated by successive Governments for 14 years.
Catherine Atkinson
I am going to continue to make some progress, but I will give way shortly.
Catherine Atkinson
I want to finish the point, because it is essential that we know where we started, which was with the cutting of 20,000 police officers from our streets. It took a decade to claw back what austerity destroyed in a few years. Conservative-led Governments closed 295 courts and tribunals, including 162 magistrates courts—half the entire magistrates estate—and part-privatised probation in a reckless experiment that every serious review called “irredeemably flawed”. It cost the taxpayer hundreds of millions of pounds to unwind that and bring probation back into public hands. That is on top of the 23 prisons they closed. That is the record, and it is the Conservatives’ record, not ours.
When Conservative Members ask why we have had to act, I ask them to reflect on what 14 years of neglect actually built: a prison system running at 99% capacity. At one point, it was fewer than 100 places from total collapse. Let us be honest about what that would have meant. If prisons run out of space, courts cannot sentence anyone to custody. If courts cannot sentence anyone to custody, they cannot function. If the system cannot function, police officers have nowhere to take the people they arrest. It is not hyperbole; it means the total breakdown of law and order, which is not in any victim’s interest, however serious their case.
I have tried to have a fair hand with the victims who attended Parliament today. I invited every Member to meet them, and I facilitated meetings with Labour and Liberal Democrat Members. So what I say now is universal. One of the aspects of last week’s urgent question that infuriated those victims was the Minister talking about our record. They said to us at the meeting that they had voted Labour in the past—that, indeed, they had voted for various different parties in the past—and they recognised that a lot of issues were involved, but they did not want to see again and again, having come to Parliament to ask about what would happen to them, a Minister getting up and attacking us. So I say to this Minister, “Do not fall into the same trap.”
Catherine Atkinson
No one in the Government takes decisions about release from custody lightly. These decisions affect public confidence, victims, communities, and those responsible for managing offenders in the community. That is why, at every stage, our overriding priority has been clear: protecting the public, while ensuring that the criminal justice system remains able to function effectively.
However, I also want to make it absolutely clear that release does not mean freedom. We are delivering tougher punishment outside prison. We are ramping up tagging to monitor offenders in the community to record levels, with thousands more subject to 24/7 tracking, curfews, strict licence conditions and exclusion zones, and with offenders sent straight back to prison if they break the rules. These offenders do not walk out of prison gates and disappear; where they can go, who they can see and what they can do is tightly controlled, and many remain under intensive supervision and monitoring right up until the end of their sentences. We are increasing probation and community punishment funding by up to £700 million, and we have recruited 1,300 additional probation officers this year. Let me contrast that with what was done by the Conservatives—not only their part-privatisation of probation, but the way in which they treated it.
(3Â months ago)
General CommitteesIt is a pleasure to speak on behalf of the official Opposition in support of this statutory instrument. Over a million anti-social behaviour incidents are recorded by the police every single year in England and Wales. That is not a statistic that should wash over us; behind every one of those incidents is a pensioner who is afraid to walk to the corner shop, a shopkeeper who has been harassed and threatened, or a community that has been slowly ground down.
When the Government brought forward the Crime and Policing Act, we supported the creation of respect orders; in fact, we wanted them to go further. My hon. Friend the Member for Stockton West (Matt Vickers) tabled amendments in Committee that would have lowered the age of eligibility from 18 to 16. We argued for a fine on a second order, for a maximum prison term of five years for repeated breaches and for those who receive repeated orders to be deprioritised on social housing lists. The Government did not accept all those amendments; I still think they were right and the legislation would have been stronger, but we are where we are, and what matters now is that the respect order regime works as intended and in line with our other measures.
What makes respect orders different from what came before is simple: a breach is now a criminal offence and police can arrest immediately. There are no more long waits for civil contempt proceedings and no more watching someone breach their order again and again with no immediate consequences; when someone is made subject to a respect order, they face serious consequences if they breach it. Their liberty is at stake, and it is right that people in that position can access legal advice in line with our criminal norms, not because we are soft on anti-social behaviour, but because a fair system is a stronger system, and an order made appropriately with appropriate legal process is an order that will stick.
This instrument, as the Minister explained, extends the legal framework for access to criminal aid not just to respect orders but to youth injunctions and housing injunctions under the Crime and Policing Act. We support that. Young people facing injunctions and residents facing housing injunctions deserve clarity on their rights. Although the position of the official Opposition is to support the SI, where we feel the intent and the legal aid provision are right, the Government must ensure that the police and court can handle what follows in the operation of these orders. Those of us who have been involved in policing and politics have heard various iterations of attempts to get anti-social behaviour under control over various Governments and many decades, and this is just the latest version of it. We need something that will work; communities across this country are tired of tolerating anti-social behaviour. Respect orders can be part of the answer, and the official Opposition will keep pressing to ensure that they are delivered as intended.
(3Â months ago)
Commons ChamberOne thing that we know children will contact victim support services about is the letters they receive telling them that their abusers will be getting out of prison earlier. Victim Support supports more than 814,000 victims every year, and its CEO, Katie Kempen, had this to say:
“Having already endured long waits for justice—often with their lives on hold—and the distress of going to court, many will feel shocked and frightened to learn that offenders may now be released months or even years earlier than expected.”
She is right, isn’t she?
Catherine Atkinson
It is important that there is transparency and communication with victims, unlike what we saw under the Conservatives; when they were letting people out, they did so with almost no notice, if any at all. I absolutely acknowledge the concerns from victims, but what is not in the interests of victims is having prisons so overcrowded that perpetrators cannot be housed in cells. What the last Government did to our prisons—leaving them so full that the entire criminal justice system was at risk of collapsing—is an absolute disgrace, and yet again, it is this Government who are clearing up their mess.
I am in wholehearted agreement with the Minister that transparency is really important. One thing that would help Victim Support and other organisations to plan their response is knowing how many people are getting out and what offences they have committed, but like us, they are in the dark.
I thank you, Mr Speaker, because your intervention yesterday prompted the Department into publishing a response to my question, but it was not an answer. Shockingly, the Government now officially say that they do not know how many people they are letting out in September. If the Minister and the Government refuse to tell us, can they at least let victim support services and victims know when they will tell this House, victim support services and the wider public how many perpetrators of serious offences they are letting out and when that will start?
Catherine Atkinson
The Government have published the victim impact assessment and are ensuring that people are communicated with. What is essential is that the Government have a violence against women and girls strategy, which will ensure that we are pursuing perpetrators, supporting victims and stopping violence in the first place. This Government, yet again, are clearing up the Conservatives’ mess, whether it is to do with prisons, backlogs or the investment we are making to support victims.
(3Â months ago)
Commons Chamber(Urgent Question): To ask the Secretary of State for Justice if he will make a statement on the early release of rapists and child groomers.
The Parliamentary Under-Secretary of State for Justice (Jake Richards)
Those who perpetrate heinous crimes must face the full force of the law. Under this Government, convictions for child sex offences are at a record high. At the end of this Parliament, more criminals will be behind bars than ever before. However, this Government inherited a prison system on the brink of collapse—at one point, fewer than 100 places were left in the whole estate.
Without the Sentencing Act 2026, which received Royal Assent in January, the courts would be at risk of grinding to a halt, preventing sex offenders and others from being brought to justice. No space in prisons would mean no trials, no justice for victims and no punishment for offenders. That is the choice: strict licence conditions in the community for those who have already served time in prison under our reforms, or the entire collapse of the system, leaving sex offenders and others acting with impunity.
The previous Government added just 500 prison places to the system in 14 years, in stark contrast to this Government, who are delivering the largest prison expansion since the Victorian era. We have delivered 3,100 additional places in under two years, and are on track to deliver almost 11,000 more by 2031.
Under our reforms, dangerous offenders will continue to be locked up for a long time. More than 18,000 offenders serving life or extended sentences will not be affected by changes to release points and will remain subject to Parole Board decisions. Offenders who are released will face strict licence conditions, closer probation supervision for the most dangerous offenders, exclusion zones, tagging, 24/7 tracking and curfews. This is the biggest expansion of tagging in history, ensuring that dangerous offenders are monitored and the public are protected. If risk in the community becomes unmanageable, those offenders can be recalled to prison.
The previous Government left prisons on the verge of collapse. This Government are safely delivering the reforms needed to end the cycle of capacity crises and protect the British public.
Imagine being the victim of a serious crime—as serious as rape or child grooming—and receiving a letter saying that the perpetrator who harmed you is going to be let out of prison early. Appallingly, that is the experience right now for thousands of victims of crime, including the victims of some of the most serious crimes imaginable, thanks to the changes that have been made to our sentencing laws by this Labour Government, helped by the Liberal Democrats.
Before Labour MPs and the Minister tell us again, as he has already done, that this is being done as a result of prison overcrowding, I want every Member of the House to be crystal clear about the actual choice that this Government are making. The previous Labour Government released 80,000 prisoners early; the previous Conservative Government also operated early release programmes, as this Government have—that is not new. However, those schemes excluded serious sexual offenders. Do Labour MPs really want to tell their constituents that they support the early release of rapists and child groomers when there are existing schemes that could be used to avoid that?
I pay tribute to grooming gangs campaigner Fiona Goddard, who, like many others, refused to be silent when she received her letter. Fiona’s abusers were sentenced to between 16 and 20 years in prison in 2019; now, she says that the justice she got in that courtroom is being snatched away from her, and she is right. What did the Labour Government say to the journalist who raised her case? They said that the most serious offences would be excluded. Labour told a victim of rape, sexual assault and grooming that her offenders were not serious enough to be excluded from early release—disgraceful.
We are just a matter of weeks away from these serious offenders coming out, and we still do not know how many are being released and what crimes they have committed, so thank you very much, Mr Speaker, for granting this urgent question. The Government cannot cover up what they are doing to victims any longer; they must tell us today how many criminals—how many rapists and child groomers—are going to be released early, when they are going to be released and exactly what crimes they have committed.
I am confident that when the public understand what is being done in their name, there will be an outcry. Our incoming Prime Minister will have a choice: to act in the interests of rapists and paedophiles or to stand up for victims. What will it be?
Jake Richards
I have listened to the hon. Member speak about this issue a lot, and I must again remind him of his party’s record in government and why the Sentencing Act was an absolute necessity to keep the criminal justice system functioning.
When we came into office, prisons were at bursting point. Only 500 prison places were added in 14 years. Some 10,000 offenders were released by the previous Government, largely in secret. That is the key point, Mr Speaker. The hon. Member has quite rightly and understandably asked how the scheme will be delivered and how victims will be kept informed. Under the Conservatives, it was pure chaos. They lost their grip on the system and did not have a long-term plan for stability in the prison estate, which meant that when they did have to operate early release mechanisms, they gave the victims just a few days’ notice, if any at all. There was complete secrecy and complete chaos. We will not let that happen to the British public again.
There is a choice. No alternative has been offered by the Opposition to the prison crisis that they created. There is a choice: strict—
Jake Richards
We will not shy away from the difficult decisions needed to save the criminal justice system to ensure that we have prison places to put criminals behind bars. By the end of this Parliament, more criminals will be behind bars than ever before. This is not a matter of being soft on crime; it is a matter of ensuring that we can put criminals away in future.
On a point of order, Mr Speaker. I genuinely seek your guidance and support. I have submitted multiple written questions and freedom of information requests. We have a named day question on this matter that was due to be answered on Friday, which the Government have refused to answer as they should. The Minister said that the information we are after is in the impact assessment, but that is not true. There is not the information on the number of offenders in terms of rapists and child groomers being released. How do we and the public get answers to these very basic, incredibly important questions?
I am sure that Ministers on the Front Bench have heard that an outstanding question should have been answered. I am quite disappointed if that is the case—it should be answered. Members of Parliament put questions down to Ministers, and Ministers are answerable to this House—not when they feel like it or when they get around to it. That is totally unacceptable. I hope that they will go back and check the records to ensure that letters and questions have been answered. But named day questions—it is in the title—should be answered on the named day.
The point of order has been heard, and I am sure this issue can be rectified today. If it is not, there are many avenues, including coming back to this House. I believe there are questions to be answered, and all MPs should be told not who will be released, but how many people may be released within their constituencies. I say to the Minister that this is bad for all MPs, and MPs rightly need to represent their constituents. The sooner we help them, the sooner this House will be in a better place. I will leave it at that for now.
(3Â months ago)
Commons ChamberI am grateful to be able to respond to this estimates day debate considering the expenditure of the Ministry of Justice and the Home Office as it relates to criminal justice. I thank all Members who contributed. I especially thank the Chair of the Public Accounts Committee, my hon. Friend the Member for North Cotswolds (Sir Geoffrey Clifton-Brown), for opening the debate, and for his sponsorship of the application for debate, alongside the Chairs of the Home Affairs Committee and the Justice Committee.
I want to thank all the prison, probation and police officers, the staff that work in the relevant agencies, and the many workers and volunteers in the associated charities who work hard in our justice system. Whatever we debate, and whatever the Government decide around expenditure, they are the ones who have to go out and deliver the priorities of the Government of the day.
I am afraid that, whatever the topic and whatever part of their activities and spending plans we are debating now, we are debating a shadow Government—a Government in name only. We are debating the spending plans of a Government who lost their Prime Minister a week ago. We are scrutinising the priorities of a Ministry of Justice whose Lord Chancellor serves at the pleasure of a Labour party that is, as we speak, sounding the fanfares and preparing a coronation for its newest MP to become Prime Minister—a Prime Minister whose team has briefed The Spectator that they are going to sack the Lord Chancellor. We have no idea who will be the Lord Chancellor in a few weeks’ time, nor even who will make up the ministerial ranks serving him.
We have a Government in limbo, and however much they protest and tell us that it is business as usual, there will not be any sensible civil servant in any Government Department wanting to move forward policy and delivery work when they have no idea whether it will or will not survive contact with the right hon. Member for Makerfield (Andy Burnham) and his new Ministers. This provides Labour with a welcome opportunity to change course. We have heard about the challenges facing these Departments, including prison education, the court estate, data, record levels of mistaken releases—at record levels—as well as legal aid and the IT hacking experienced earlier in the year. The Government are wrestling with many issues, but I will primarily focus on two.
First, I will turn to Labour’s appalling plans to let rapists, paedophiles and seriously violent criminals out of prison early, which we were able to consider today through the urgent question. Many of our constituents have been receiving letters telling them that the person who was convicted of harming them is being considered for early release. Victims have already spoken publicly about the impact that has had on them, and this is before they are certain about what is going to happen; that is because, to make it even worse, the letters do not tell them if the prisoner will definitely be released, or when exactly, just that they might be.
The Conservatives’ understanding, though, is that everyone who has been written to has a perpetrator who is serving a standard determinate sentence and therefore will automatically be released early. Labour has failed victims either way: either they are all being released, so why have the Government not told people whether they are and when; or some of them will not be, in which case, why are the Government causing unnecessary upset and distress to victims?
Sir Ashley Fox
Does my hon. Friend recall that when the Labour party announced its early release system, it said words to the effect of those who have been imprisoned for the most serious and heinous crimes would not be covered by the early release scheme? Does it not seem extraordinary that rapists and those who have committed serious sexual assaults are in fact eligible for this early release scheme?
My hon. Friend is right, and I will discuss his point in more detail. My hon. Friend said, “words to the effect”, but that was the exact wording that Ministers used in this Chamber, on the Government website and in press releases: the Government said that the most serious offenders would be excluded. When we challenged that, behind the scenes—and even on live television, on Sky News—Ministers said that what we were saying was not true; as we now know for sure, it was.
Labour tells us that this move is necessary. I imagine that Labour Members who genuinely care about these issues have been told by Ministers that here is nothing else they can do—that they have no choice and it is all because of the prison overcrowding crisis. I want to tackle that in detail, because that is not true. There are always different choices to be made.
The estimates before us, explaining the spending that is planned on prisons and prison spaces, highlight that most of the Department’s capital budget is allocated to the prison programme, which was awarded £7 billion up to 2030 in the recent spending review. Ministers know that their planned prison space numbers are essentially the same as ours were. The Minister also knows that the prisons that the Government have opened were paid for and started by the last Government. I share the frustration that Ministers at the time felt with the challenges in prison building; this Government already know how that feels at first hand, considering they have failed for more than a year to do anything significant about a major prison building contractor going bust. Nevertheless, more spaces are due to come online. So what we are managing is a short-term challenge.
I have spoken before about my preference for the justice system to be a greater public and political priority, which the Liberal Democrat spokesperson, the hon. Member for Chichester (Jess Brown-Fuller), also spoke about. Others, including the hon. Member for Congleton (Sarah Russell), talked about the long-term lack of prioritisation of this issue. As a result, early prison release is absolutely not new. The previous Labour Government released 80,000 prisoners early, and the previous Conservative Government also operated the same early release programmes; Labour has used the exact same programme that the previous Government used and then implemented one of its own. These programmes allow for a Government to manage prison capacity in order to tackle the sorts of challenges mentioned by Ministers and Members on the Government Benches.
Previous projections are also unreliable and have forecast much higher prison populations than is currently the case. In fact, the prison population was projected to reach 90,000 by June 2019, but it did not hit that figure —it never has. So is the plan to release rapists and child groomers an essential short-term measure? No, it is not. It is a permanent long-term change to our sentencing laws that will have a profound impact on victims and the ability to secure justice. It is also being done in a fundamentally different way from other early release programmes.
Early release schemes have historically excluded serious violent and sexual offenders, but this Government are deliberately and specifically choosing not to do that. We warned the Government repeatedly that their exclusions based on sentence type were flawed, but they simply said again and again that the most serious offenders would be excluded. That was always untrue, because the criterion for this—the use of an extended determinate sentence—was never a criterion related to the seriousness or type of offence. During the passage of the Sentencing Act, I told the Government that every year, more than 60% of rapists and 90% of child groomers receive standard determinate sentences, and would therefore not be excluded and could be released early, but they did not listen. Instead, they sent Ministers on to the airwaves to say that it was not true. Now, finally, after victims themselves have been written to, the Government can no longer escape from what they have done.
Those victims include Fiona Goddard, who went public in sharing her letter last week. Live on “Good Morning Britain”, after explaining what her perpetrators had done to her—about the rapes and sexual assaults that she suffered—she was told the Government line: that they had excluded the most dangerous offenders. Susanna Reid, who was interviewing her, saw immediately how insulting to Fiona that response was, saying that it did not address anything that she had been saying. Fiona said that it was
“actually quite offensive, because they are basically trying to say that sexual crimes against children aren’t some of the most serious.”
She is right, isn’t she? How can anyone justify an early release programme that includes rapists and child sexual predators by saying it excludes the most dangerous offenders?
The use of the word “dangerous” is in itself a deceitful change in terminology. Up until last week, the Government said that the programme would exclude the most serious offenders, despite, as I have said, me telling them repeatedly that this definition was not aligned to the sentences they were excluding. Finally, just weeks before serious criminals will be let out, they have realised that they were wrong—not that “dangerous” is any better than “most serious” if, either way, rapists are included and are being released early.
We know that more than 7,000 victims have been written to; we know that many more are not registered for updates and will not be told. But how many perpetrators are getting out, and what offences have they committed? We do not know. We have an idea. We know that every year, as I mentioned, more than 5,000 rapists, paedophiles, child groomers and seriously violent offenders are sent to prison on a standard determinate sentence. That is every year—we can therefore assume that thousands of such offenders are in prison at any one time.
The Government are today happy to present to us their estimates on their spending on the prison population and prison building, but they will not and cannot tell us how many of those offenders they will be letting out.
As my hon. Friend and the House will know, the reoffending rate is around 50%. Given the numbers he has just announced, it is inevitable that serious crimes will be committed. If the Government are committed to this policy, which I hope they are not, and want to release people early, which I do not agree with, they should not release these serious criminals. They should instead release the less serious criminals.
Order. I will remind the shadow Minister that this is a debate on the estimates—perhaps we could return to them.
If you will forgive me, Madam Deputy Speaker, I am talking about a major issue that relates directly to the estimates: the prison building programme, the need for that programme and what the Government are doing to manage the prison population. I believe it is directly related to the estimates in that regard.
I repeat, sincerely, that multiple Governments of different parties have let prisoners out of prison early in order to manage prison crises, but they have never let rapists and child groomers out early. Government Members are therefore backing a totally unnecessary way of managing prison capacity. They really do not have to do it. They are being forced into doing so, and I feel very sorry for them as a result.
It is difficult to understand how the Government can lay these estimates before the House and put forward a proposal for changes to sentencing if they do not even know how many people they are letting out of prison and for what reason. I cannot believe that the Minister thinks that that is acceptable, and it will be difficult for her to justify. But, to be fair, she may also struggle to answer a basic question about her own responsibilities—about her plans to erode our right to jury trial and to abolish our right to elect.
The Conservatives will oppose any erosion of the right to jury trial. It is a constitutional protection that belongs to people, not to the convenience of a Government. The evidence does not support the case that jury trials are the cause of the backlog; empty courtrooms are. We are awaiting a date for Report stage of the Courts and Tribunals Bill. Given the political situation, and considering the Minister’s planned capital and revenue expenditure in this area, I think it is entirely legitimate to ask whether the proposal on jury trials is even still Government policy. When the legislation that is meant to address the central crisis in our criminal justice system is dependent on who wins an internal party election in the next few weeks—if there even is one—that is not a functioning legislative programme; it is chaos dressed up as reform.
Are the Government laser-focused on what will actually work to bring the backlog down? No. Instead, they have been laser-focused on driving through unnecessary vandalism on one of our oldest constitutional rights. While the backlog is still much too high, the backlogs in Crown courts are stabilising and even coming down in some areas. The Government have announced uncapped Crown court sitting days for 2026-27, and we absolutely welcome that, even though it took much too long. It is exactly what we have called for consistently, and I give credit where it is due.
We have seen the first quarterly decline in Crown court backlogs across England and Wales in three years in the most recent data. The Criminal Bar Association points out that in particular areas of the country, the reductions are more significant. In the south-east of England, the backlogs in courts are down 3.1% over three months and 4.2% over six months. In the north-west of England, they are down 2.3% over three months and 3.3% over six months. In the north-east of England, they are down 2.9% in three months. In Wales, they are down 2.4% over three months. Meanwhile, the figure for magistrates courts shows an all-time peak of more than 370,000 cases at the end of March this year, up 2% on the previous quarter—and the magistrates courts are where the Government want to send more cases.
We heard again and again in the first stages of the Courts and Tribunals Bill that the workforce, whether it be in the courts, judges or legal representatives, can bring the backlogs down, but that the jury reforms were an unnecessary distraction. According to the X feed of the monitoring account Idle Courts, recently as many as 123 out of 516 Crown courtrooms—nearly a quarter—were standing empty on working days. We know that that was not because there were no cases to hear, no juries or no defendants. It was because of issues such as listing challenges, staffing shortages and the underutilisation of available court space.
To date, the Government have not listened and have refused to drop those parts of the Bill that are, as the hon. Member for Chichester said, clearly unwelcome to so many in the workforce. I hope we learn today that what we are told about the views of the right hon. Member for Makerfield is correct and that this unacceptable plan to erode our jury rights will be dropped.
Let me turn to the Home Office elements of this debate, because the two Departments are inextricably linked. Members will understand that it is not the day-to-day responsibility of the Minister or I, but we both know that what happens at the front end—policing, charging, and bail—flows directly into the courts, with probation and prisons at the back end. Police officer numbers fell by more than 1,000 in just one year under this Government, from September 2024 to September 2025, and the total number of people involved in policing fell by 3,000. The National Police Chiefs’ Council said in response to this year’s funding settlement and the estimates that we are debating that many forces are planning service reductions, with consequences for officer numbers, staff capacity and overall resilience.
The Government cannot simultaneously claim to want swifter justice and a safer society while allowing the frontline workforce who investigate crime, make arrests and build prosecutions to continue to shrink. The Conservatives’ plan would put 10,000 extra officers on the streets, triple the use of stop and search, and introduce facial recognition technology in the worst crime hotspots.
On asylum, the Home Office estimates that there are more than 400,000 illegal migrants in the UK—people in this country illegally—but nearly half cannot be removed because of outstanding asylum and human rights claims. Total spending on asylum support remains at over £4.5 billion, and the decision of the Government to put even more asylum seekers in more expensive locations such as Crowborough in Wealden in the constituency of your fellow Deputy Speaker, Madam Deputy Speaker, is going to cost more money than if they were to be kept in their original places.
Let me close with this. The Chair of the Public Accounts Committee said that the focus of the debate can be distilled to concerns about the risks to public safety and trust, and he is right. We are spending more than ever before on our criminal justice system—billions of pounds of taxpayers’ money flow through the estimates we are debating—but reoffending is rising, rape gang survivors are being told that their abusers may be freed early and police officer numbers are falling. The Government may be about to change their Prime Minister, and with that the MOJ will more than likely welcome a new Lord Chancellor, so policies announced with great fanfare may quietly disappear over the summer, but the people waiting for Crown court hearings and the victims seeing criminals walk free will still be there.
We will not oppose the estimate, but we will not let the Government off the hook, either. They have had nearly two years and the numbers are not getting any better. The public deserve better. The Opposition will hold them to account for every one of these figures, whoever happens to be sitting in Downing Street when we do it.
Sarah Sackman
I am talking about courts, but I will turn to sentencing and prisons in due course. However, I must remind the hon. Gentleman that the Sentencing Act provisions, which will come into force in September and to which he refers, were made necessary by the Opposition’s failure to invest in prison places over many years. Over 14 years in government, they made their choice, and they added net 500 prison places. In the first two years, this Government have already delivered an additional 3,000 places, and the biggest prison building programme since the Victorians is set to deliver 14,000 additional prison places.
Let me return to the Crown court backlog. Reform cannot be avoided. To bring the backlog down, it is vital we ensure that the right cases are heard in the right place. It cannot be right that defendants can insist on their right to a jury trial in cases that could be heard by magistrates under even the existing sentencing powers. That is not fair on victims, and it is not fair that those cases are in the same queue as other, more serious cases, which have to have a jury trial, but a timely one. We cannot duck those choices.
The proposals to increase magistrates courts’ sentencing powers, remove the right to elect and create a Crown court bench division are sound. When a triable either-way case is heard in the magistrates court, it moves far faster than in the Crown court. We have to take a proportionate and hard-headed approach that balances the rights of defendants, the rights of victims and the entitlement of every citizen in this country to a timely trial. Timeliness is an essential ingredient of fairness.
As I have said, we inherited a prison system on the brink of collapse. To govern is to choose, and we took decisive action: £4.7 billion invested in the largest prison building programme that this country has seen, more foreign national offenders deported than ever before, 3,000 prison places delivered in the first two years of this Government and the Sentencing Act reforms, which will put our prisons on a more sustainable footing. As others have mentioned, we have also made a vital £700 million investment in probation, which is crucial to keeping the public safe and, as others have said, getting reoffending under control. Punishment can take place in prison, but punishment can also take place outside prison. The tough community sentence regime, the presumption of tagging, and the managed, structured and orderly early release system, as compared with the chaotic and opaque system under the previous Government—that is the choice that we make. That is how we get our criminal justice system under control.
Sarah Sackman
The hon. Member has had an entire urgent question in which to ventilate these issues, and I am here to debate the estimates and address some of the other points that have been raised. I do not duck the essential point that our early release scheme will apply to some of those guilty of the offences to which he refers, if safe to do so. If they have misbehaved in prison, they will not benefit from those provisions. The point is that this is not a free-for-all. They will be subject to tagging and control on the outside. That is why the investment in probation is critical.
(4Â months, 1Â week ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to serve under your chairmanship, Ms Furniss. I am grateful to the hon. Member for Wokingham (Clive Jones) for securing this debate on domestic abuse and safeguarding within the family justice system. Members in the Chamber will not be alone in having regularly encountered this issue in constituency casework. I expect all MPs across the House have constituents who are struggling with these issues, and perhaps even they are in their private lives.
This subject demands seriousness, sensitivity and honesty from all of us. Behind every statistic in this debate are children living in fear, survivors trying to rebuild their lives and families navigating court processes at moments of enormous stress and vulnerability. For too many people, the family justice system is not an abstract institution; it is the place they have to go to where decisions are made that will shape their safety, their relationships with their children and often the trajectory of their lives for years to come. That is why getting the system right matters so much.
As we have heard, domestic abuse is present in 73% of active family court proceedings and 87% of closed cases. One in five children in the UK experience some form of domestic abuse, and 78% of those children are directly harmed by the perpetrator. Those are sobering figures, and they remind us that domestic abuse is not something that exists separately from family justice proceedings.
We also know that children are too often affected directly by failures of the system. According to Women’s Aid, over the last 30 years 67 child deaths have been linked to unsafe contact arrangements, with 19 having occurred since 2016. When we discuss safeguarding in family courts, we are discussing not peripheral procedural matters, but the core responsibility of the state to protect vulnerable people—women, children and also men.
I want to acknowledge the work of survivors, campaigners and charities who have driven progress in this area through their extraordinary courage and persistence. I am grateful to the hon. Member for Wokingham for bringing representatives from Kaleidoscopic UK, who I understand are attending the debate. I would be grateful to catch up with them afterwards, if that is possible. Many other groups and individuals work in this area. For example, I recently worked with Paula and Tony Hudgell and their MP, my hon. Friend the Member for Maidstone and Malling (Helen Grant), to secure the establishment of the child cruelty register, so that parents and other individuals who commit child cruelty offences are monitored and tracked in the same way that child sex offenders are.
The Opposition also supported the Government’s measures to restrict the parental responsibility of serious child sex offenders. During the passage of that legislation, we successfully argued, alongside others, that the provisions should go further than was originally proposed. They would only have applied to parents who perpetrated offences against their own children, but with Members across the House, we persuaded the Government to change that to those who commit offences against all children. We agreed that, on balance, a threshold of “serious offences” was the suitable way to go, but that if that worked well and was effective, we should consider lowering that threshold. Why should anyone who commits any sort of offence against a child not automatically have to argue for their own parental responsibility?
It is important to recognise the work that was undertaken by the previous Government, which others have mentioned. In particular, the Domestic Abuse Act 2021 recognised as victims in their own right children who see, hear or experience the effects of domestic abuse. Dame Nicole Jabobs and others long advocated for those changes, and the Act made victims automatically eligible for special measures in court. Those changes and others reflect society’s growing understanding in recent decades of the importance of confronting and tackling domestic abuse and abuse of children.
The previous Government also commissioned the harm panel review in 2020, which was an expert-led review into how family courts handle domestic abuse and serious offences. We launched a review into the presumption of parental contact, and we piloted the pathfinder model, now the child-focused model, to improve information sharing, increase judicial continuity and ensure that children’s voices are heard more effectively throughout proceedings. Alongside that, we invested £3.3 million in the mediation voucher scheme, helping thousands of families to resolve disputes outside the courtroom where it is appropriate and safe to do so. There is still room for mediation and other measures to reduce the burden on our courts and save them for the most complicated and difficult cases.
Last year, the independent “Everyday Business” review painted a deeply worrying picture of how survivors often experience family court proceedings. Survivors described feeling that their abuse was minimised or treated as secondary to maintaining contact arrangements. Judges and magistrates identified serious pressures on them arising from limited court time, delays and lack of continuity. Only 21% of cases reportedly had judicial continuity—a striking figure that shows that even when cases as complex as these go through the court process, we cannot rely on a single judge seeing them through from start to finish.
The report also highlighted siloed working between different parts of the system. In many cases, there are overlapping criminal and family proceedings, yet delays and backlogs can mean that family courts proceed before criminal matters are resolved. That can have a huge impact. If an individual subsequently receives a criminal conviction, that may well unpick and call into question the original rulings.
These are not easy issues to solve. I recognise all of the work done and the arguments made by campaigners, but legislating in this area is incredibly challenging because the dynamics of families, particularly those experiencing breakdown, are very complex. There are also strongly held views in different organisations on, for example, the presumption of parental involvement and how family courts should approach contact arrangements.
Many campaigners argue that abuse has historically been minimised in decision making. In too many cases that is true, but whatever view people take, there should be broad agreement on one central principle: safeguarding and child welfare must come first. That includes ensuring that professionals throughout the system are properly trained to understand the dynamics of domestic abuse. Women’s Aid has argued that we need not just legislative reform but a wider cultural shift across the family justice system. There is real substance to that argument, because even the best legislation will fall short if victims feel that they are not listened to, believed, or welcomed and facilitated to participate. I will be grateful if the Minister says more about how the Government intend to deliver cultural change in practice.
I also want to talk about accountability. We have heard discussion of the Sara Sharif case. I have mentioned in the House before that I first encountered these issues as an MP through an amazing lady, a constituent of mine, who was fostering a young girl who had been removed from her family on a temporary basis. The wider family did not want that young girl to be given back contact with her immediate family, the foster carer did not think it was a good idea, and social services did not think it was a good idea—but the judge awarded custody back to her parents.
That young girl is now in a wheelchair. She is highly dependent and severely disabled. The exceptional individual I mentioned went on to adopt her in those circumstances, which is one of the most noble things I have ever seen anybody do. She approached me because she was aware of all the mechanisms of accountability that everybody else in the system has to go through, particularly teachers and social services. She simply wanted to know what accountability was available for the judge. I wrote to the Lady Chief Justice and said, “Obviously, you can’t comment on this case, but what are the systems, for a case like this where things have gone badly wrong, for a judge to have to account for the decisions they have taken?” There are none, outside of complaints about extreme behaviour, which none of us would consider to really test the issues, or if the judge makes a legal error, for which the threshold is, again, really high.
I think we have a lot to do. Certainly, in the Conservative party we are working on how we can introduce much more accountability in the judiciary—not to make them accountable to the Government, because the separation of the judiciary and the Government is very important. I draw on my experience as a doctor; we have done loads to improve the accountability of highly trained, highly specialist medical professionals who we would not want the state interfering with. It is simply about ensuring they are not a law unto themselves when it comes to making poor decisions. Previously, the test was pretty much whether a doctor had made a decision that any other doctor thought was reasonable. Now, the test is much more about whether that decision was objectively reasonable.
I also want to touch on the pathfinder courts. As we have heard, 10 of 43 courts have now been implemented. I would like to understand the Government’s timetable for the very welcome decision to roll them out more widely. The Chair of the Justice Committee, the hon. Member for Hammersmith and Chiswick (Andy Slaughter), talked about the interdependencies around access to specialist services to make that a reality. I think requesting a timetable is not asking too much of the Minister.
Those are important things that we are all in agreement on, but at the same time this Government are taking what I think are catastrophic decisions in relation to the justice system. The Government have legislated for perpetrators of domestic abuse as serious as rape, child abuse, stalking and harassment—very many offences—to get out of prison earlier. Right now, there are people in prison for the rape of their partner, or sexual offences against their own children, who will get out of prison earlier because of the steps that this Government have taken. I will continue to press that matter with them, whatever else they are doing that is positive. People go to the court system because they want justice, and seeing rapists being let out early is not justice. That is something the Government should continue to reflect on.
It is all very well to send people on training. As a doctor, I have sat in on training sessions. People can be in a training seminar together, and some will pay attention and some will not. Some will take it seriously, and some will not. If there is not a system of accountability at the other end, training can become a tick-box exercise if we are not careful.
Catherine Atkinson
I thank the hon. Member for his intervention. Of course, as he set out, we always need to be mindful of long-established principles of judicial independence in these matters. However, ensuring that we have the right training in place will go a long way towards ensuring that we have the family courts that we need, and towards ensuring that we have effective systems in place.
Collectively, these reforms represent a large body of work. We want to make sure there is clarity on what we are doing, which is why the Ministry of Justice is working with the Department for Education and partners across the family justice system to draft the family justice strategy. The strategy will be published later this year, and it will set out the Government’s plans to improve the family justice system, reduce court delays and ensure that all families get the support and the outcomes they need.
Alongside that, we must ensure that we support all victims of abuse to recover and rebuild their lives. Over ÂŁ1 billion is being invested over the next three years to support victims of violence against women and girls, including domestic abuse survivors. That includes funding for safe accommodation, advocacy, counselling and specialist services. In particular, my Department is increasing funding for victim support services, year on year, from 2026 to 2029, recognising the need to meet the rising cost pressures of delivery.
I have asked the Minister about this before, and she did not answer. Maybe I will get an answer this time. One thing she might set those additional support services to do is let people know when perpetrators will get out of prison earlier because of the Government’s decisions. Can she at least commit to writing to victims to let them know in advance that their perpetrator is going to be let out of prison earlier?
Catherine Atkinson
Communication is absolutely essential, and a huge amount of work is being done to ensure it is in place. I am proud to be building on the work of my predecessor in that space. In relation to victim support services, it is important that, in total, the Ministry of Justice will invest ÂŁ550 million in support services over the next three years of the spending review.
Many hon. Members raised the incredible and essential work that so many support services do. I thank Kaleidoscopic UK for being here, and for its work. Many other services were mentioned, including Your Sanctuary, IDAS, Glasgow Women’s Aid and Women’s Aid more broadly, Rights of Women and Refuge. I pay tribute to the work they do and the difference they make to people’s lives.
I hope my remarks have reassured the hon. Member for Wokingham and all hon. Members who spoke in this vital debate. I thank him for securing a debate on such an important subject. We all share a deep commitment to safeguarding victims of domestic abuse, to ensuring that they are fully protected and supported, and to making sure that the family courts cannot be used as an arena for perpetrators to continue their horrific acts.
The Government will continue to press forward with our reforms to the family courts. We will continue to work with operational partners, the courts and all the many groups that do vital work to support victims and protect children and families, and to make those important changes. The hon. Member said that children are at the centre of this, and I agree. They must be our focus, and they always will be.
(4Â months, 1Â week ago)
Commons ChamberI welcome the new Minister to her post. For all the policies she might be glad to inherit, she is also inheriting a plan later this year to let out potentially thousands of the worst offenders against women and girls, including rapists and those responsible for sexual assault. The Government are refusing to be transparent about this and are not answering freedom of information requests and written questions about how many rapists and sexual assault offenders will be allowed out of prison earlier. Will this new Minister turn over a new leaf and at least be transparent about how many rapists the Government will be letting out of prison early later this year?
Catherine Atkinson
The Conservatives left a criminal justice system in which victims wait years for trials and feel traumatised by their experiences in court and in which our prisons were full, with the system at risk of collapse. That is not to mention the Probation Service, which, after the Conservatives’ failed privatisation attempts, was on its knees. It is this Labour Government who are taking action to halve violence against women and girls, reduce the time that victims wait to see justice and better support victims with record investment in victim support services.
I ask the Minister to think about a situation in which a victim of rape comes to her constituency surgery whose rapist is currently in prison but will now get out of prison earlier. I wonder what that victim would think about the answer the Minister has just given to a serious question about a serious issue. If she refuses to tell the House that information, will she—at the very least—commit to writing to all the women and girls whose offender is currently not due to come out of prison for two or three years, but who will now be getting out this year? Will she at least have the good grace to tell the victims when that is going to happen?
Catherine Atkinson
I meet constituents every week, and victims will always be my priority. The hon. Gentleman has come to this House time and again to list horrific offences, but he has not once apologised for the damage that his party did to our justice system. Victims will not forget the mess the Conservatives created, forgive their failure to take action or be fooled by their claims to care now. It is this Labour Government who have committed to halving violence against women and girls, and this Labour Government who have the plan to make it happen.