Sentencing Bill

Kieran Mullan Excerpts

2nd reading
Tuesday 16th September 2025 Commons Chamber

[Mr Lammy]

Dangerous and reckless driving that takes innocent lives is a serious and painful issue that causes lots of anguish across our country, so I applaud the work of the hon. Member’s constituents and thank him for raising that issue; no doubt it can be explored further in Committee.

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

On a point of order, Madam Deputy Speaker. I know the new Justice Secretary will not want to be accused of misleading the House on such important matters. A moment ago, he referred to the measures before the House not affecting the sentences for people accused of “the gravest crimes”. The measures before the House will reduce sentences for rapists and child abusers. He either thinks that those are grave crimes and wants to correct the record, or he does not—

[Madam Deputy Speaker (Caroline Nokes)]

Order. That is quite simply not a point of order but a point of debate, which the shadow Secretary of State could well come to in due course.

--- Later in debate ---

[Lizzi Collinge]

I agree that retail premises need relief from that shoplifting, but I would like that relief to be permanent. I would like to see the causes of shoplifting stopped, and quite often that is drug use and organised criminal behaviour. I do not want just to chuck people in prison for a bit and then let them out to reoffend again.

We need sentences that give offenders proper access to drug and alcohol rehab and mental health care—the kind of support that tackles the root causes of crime. We need sentences that ensure the offender pays back their debt to society. Public safety is the bottom line here. Judges will have discretion to hand out prison sentences of less than 12 months, say, for domestic abusers or violent offenders. They will be able to make sure that survivors have the confidence to rebuild their lives knowing that the perpetrator is behind bars. Rapists and criminals who commit other serious sexual offences will spend their custodial term in prison.

[Dr Mullan]

Rapists and sexual offenders will spend less time in prison as a result of this Bill. Does she know that?

[Lizzi Collinge]

I do not think the hon. Gentleman’s analysis of the Bill is correct. I understand that perhaps he has some personal experience here and I appreciate that he has very strong feelings on the matter. Perhaps he will listen again to my former prison officer, who welcomed the changes.

[Dr Mullan]

Will the hon. Lady give way?

[Lizzi Collinge]

I will not give way—[Interruption.] I think the hon. Gentleman is perhaps not showing the House the respect it deserves—[Interruption.] I would appreciate it if he would allow me to continue without this continuous chuntering.

At their core, these reforms do two things at once. They keep the most dangerous offenders where they belong, in prison, protecting the public, and they end the waste of locking up low-risk offenders. The evidence is really clear. I know that the Conservatives really struggle when the evidence contradicts their instincts and their prejudices, but it is simply true. The hon. Gentleman disagreeing does not make it any less true.

The victims of crime in my constituency deserve better than this current crumbling justice system. They deserve better than our overstuffed prisons that just churn out more and more criminals. They deserve this Sentencing Bill.

--- Later in debate ---

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

I am grateful to colleagues on all sides of the House for their contributions to the debate, and I welcome the Minister to his post—I think today is his first time at the Dispatch Box. As I have said before, wanting to see more consistent delivery of justice for victims of serious crime was one of the primary reasons I sought election to this place, and I do not think that any Government in my lifetime has universally delivered that. For decades, across parties, our justice system has fallen short far too often. I am sure that many Members from all parties can relate to the experience of hearing about some of the most horrific crimes that take place and being appalled by the sentences given. That is not new, but the question we have to ask ourselves today is whether the Bill we are considering will make the situation worse or better. Will more victims get what we would consider justice as a result of this Bill, or fewer?

Since this Labour Government came to power, we have quite rightly been holding them for account for the measures they have already taken to let people out of prison earlier. Members on both sides of the House will be familiar with the consistent debate we have had about pressure on prison places, where responsibility for that lies, and what can be done about it. Labour Members point to our prison-building record, while I point out to them that the pressure on the prison system left by the last Labour Government was worse, and that there are other options for foreign nationals and the remand population. A lot of heat is generated, but there is not much more to it. Labour Members point out that they have had to take emergency steps, and it is true that the measures they have taken have not been permanent changes to our sentencing framework. However, I say to them that the Bill we are considering today does something very different.

As the hon. Member for Morecambe and Lunesdale (Lizzi Collinge) and others have demonstrated, I am not sure that Labour Members fully recognise what the Government are asking them to support today. There are measures to be welcomed in this Bill—the new restriction zones and the measures to better track domestic abuse cases, which the Liberal Democrat spokesperson, the hon. Member for Eastbourne (Josh Babarinde), also supported—but there are a number of reasons why I do not support the Bill. We have heard Members including the shadow Justice Secretary, my right hon. Friend the Member for Newark (Robert Jenrick), raise criticisms relating to short sentences, community sentences, Parole Board reform, probation and the Sentencing Council, but I am not surprised that Labour Members do not agree with those criticisms.

However, I do not believe Labour Members can sincerely think what I am about to talk about is something they would knowingly want to support. I am going to read out a list of offences: rape; assault by penetration; rape of a child under 13; assault of a child under 13 by penetration; inciting a child under 13 to engage in sexual activity; paying for the sexual services of a child aged under 13; kidnapping or false imprisonment with the intention of committing a sexual offence; and creating or possessing indecent photographs of children. I hope Labour Members felt as uncomfortable being forced to consider those offences and what they entail as I did while reading them out. I am going to read them again: rape; assault by penetration; rape of a child under 13; assault of a child under 13 by penetration; inciting a child under 13 to engage in sexual activity; paying for the sexual services of a child aged under 13; kidnapping or false imprisonment with the intention of committing a sexual offence; and creating or possessing indecent photographs of children. In fact, there are even more of those sorts of offences that we need to have in mind this evening.

Why do we need to consider these offences? Because despite what some Labour Members have said to the contrary—without ill will, I accept—and for all the things it does that Members might support, the Bill we are considering this evening will mean one thing for the vile criminals who commit those sorts of offences. It will mean that they are let out of prison earlier, not as a temporary measure in response to the kind of short-term prison crowding challenge that we have debated and recognised, but as a permanent and profound change to our sentencing laws.

Members who support this Bill will be putting their name to legislation that will forever change our sentencing laws to let rapists and paedophiles out of prison earlier. The hon. Member for Doncaster Central (Sally Jameson) talked about legacy. I cannot honestly believe that Government Members want to support a Bill that will allow rapists and paedophiles to get out of prison earlier. That is not political posturing or hyperbole or scaremongering, as the hon. Member for Cannock Chase (Josh Newbury) described it. It is not an unfair interpretation or misrepresentation of the Bill before the House today. Rapists and paedophiles—those are the people that Members will be voting to let out of prison early if they support this Bill this evening. Is that really what they came to this place to do?

[Gareth Snell]

The shadow Minister is reading out a series of crimes that are reprehensible, and no one in this House would want to see the individuals who commit such crimes having anything but the book thrown at them. In the spirit and tone in which he has read that list out, his Government oversaw a 2.6% charge rate for people who were arrested for rape. Does he want to say anything to the House about that particular damning figure? There are people today who have not been let out of prison early, because they never even got there in the first place. What does he say to that?

[Dr Mullan]

The hon. Member will have noted that at the outset of my remarks I said that I have never been entirely in support of all the policies of a Government of either party on these issues. He has every right to make those criticisms, but they do not change the vote he is being asked to make tonight. They do not change the policy he will be putting his name to and supporting. There is no excuse for the things he will be changing on a permanent—not temporary—basis to deal with a short-term prison crisis. I do not think that that is what any Government Member’s constituents want.

These profound and permanent changes to our sentencing laws are the exact opposite of what the vast majority of victims, their families and the public want. They will sit on the record of those Members and this Government until the next election. They will need to justify themselves to their voters. I do not believe that the majority of Labour Members, deep down, want to support such changes tonight. It will be a great compliment to party managers if, after this reality has been spelled out to Labour Members, they decide to support this Bill anyway. If they speak to their constituents like I speak to mine, and ask them about child abusers and rapists, their constituents will tell them that they are already concerned by the limited time they spend in prison, which undermines justice. We have heard so many times from Members in this House about the horror of rape and other sexual offences, about the victims of grooming gangs and about the horror of all kinds of sexual abuse. Not once do I recall a campaign or a concern raised by Members that the answer is to make such offenders spend less time in prison.

I accept that there is a different debate to be had about different cohorts of offenders and different offences. There is always a tension between prison time as a punishment and helping to rehabilitate offenders. As others have said, and I agree, I do not think the Bill strikes the right balance in that area, but I respect those Government Members and members of the public who would draw the line in a different place from me for certain types of offences and offenders. However, we are not talking about drug addicts stealing to fund their habit, or the young man from a broken home who spent their childhood in care and vandalises the local playground. The hon. Members for Forest of Dean (Matt Bishop), for Peterborough (Andrew Pakes) and the hon. Member for Derby North (Catherine Atkinson), and others coherently and sensibly raised the debates we might have about how long those individuals spend in prison and how we rehabilitate them.

However, here we are talking about rapists and paedophiles—criminals who sexually assault children, criminals who create sexual images of children and circulate them around the world and criminals who snatch unsuspecting women walking home through a park, drag them into the bushes and rape them. Those are the sorts of criminals that Labour Members will agree should be let out of prison earlier if they support this Bill.

We should be clear that not a single voice among victims’ representatives supports this element of the Bill—not a single one. The Victims’ Commissioner does not support it. The Domestic Abuse Commissioner does not support it. Justice for Victims does not support it. Victim Support does not support it. The Victims’ Commissioner for London does not support it. Apparently, however, we will see this evening that Labour MPs do.

Let me also clear up any confusion about the circumstances under which these violent and sexual offenders will be released early. Members, innocently, may have been led to believe that prisoners will have to jump over considerable hurdles to secure early release. In fact, the former Justice Secretary, the right hon. Member for Birmingham Ladywood (Shabana Mahmood) told us they would need to “earn” their release. The reality of the proposals in the Bill make clear what a complete sham that suggestion was. Actually, prisoners will actively need to break prison rules to run the risk of losing early release. That is not earning anything. That is doing what the majority of the public do day in, day out, without any reward—just behaving themselves and not breaking the rules. Apparently, however, if a rapist or a child abuser does it, Labour Members think that should entitle them to walk away from the proper punishment that they have been given for their crimes.

In fact, what Labour said to the press in an attempt to manage the news of this terrible set of policies gave the impression that the large discounts amounting to, in some cases, many years off prison time could be quickly reversed for bad behaviour, and that this was a radical departure. While the amount of time after which the Government are choosing to let people out is certainly radical, the mechanism to keep people in is nothing of the sort. As we see in the detail of the Bill, they will simply make use of the existing prison punishment legislation.

I wonder whether Labour Members are aware of the average number of days in prison that is added by the prison punishment regime. According to the latest data I could find, the average number of additional days given to a prisoner who breaks the rules is 16. When sentences for rapists and child abusers will be discounted by many months and years, they run the risk of having a handful of days added back on for breaking prison rules. That is shameful, and it does not apply only to the offences that I have mentioned. The hon. Member for West Bromwich (Sarah Coombes) spoke about a 15 year sentence, and about how the victims of the person concerned would feel about their not being given a lifelong driving ban. How will they feel when they are told that instead of serving 15 years in prison, that person will spend five years there?

The parlous state of this Government is a blessing for Labour Members tonight. There are many other issues receiving media coverage at present—the political survival of the Prime Minister himself is in question—so they may get away with voting this Bill through unnoticed. However, this is just the first stage. I know that the timetable for the Bill is as short as the Government could make it—just a day of Committee of the whole House, which also means that the many victims groups will not be able to come before the House and voice their objections, and then one day for Report and Third Reading. The Government clearly hope that the Bill will also go through its future stages unnoticed by their constituents, who, they hope, will not know that Labour MPs want to let rapists and paedophiles out of prison earlier. [Interruption.] That is the reality of the Bill that they are voting through. Labour Members are chuntering and saying, “Shameful.” What is shameful is that they are preparing to vote for that policy this evening. Shame on all of them.

The Leader of the Opposition, the shadow Justice Secretary and I will do our utmost to hold Labour Members to account for this grave, grave injustice to victims and their families. We will do our best to make sure that their constituents do know, do hold them to account, and do understand the choice that they make in the end. I honestly do not believe, despite the chuntering, that that is a choice many of them would want to make if they had listened clearly to the position that I have set out. I do not think it is a choice that any of them came to this place to make.

We have seen Labour Back Benchers exercise their power over the welfare Bill. They can do that again—if not tonight, in future stages of the Bill, because we will seek to amend it. Labour Members can support us in that. Rape, assault by penetration, rape of a child under 13, assault of a child under 13 by penetration, inciting a child under 13 to engage in sexual activity, paying for the sexual services of a child under 13, kidnapping or false imprisonment with the intention of committing a sexual offence, creating or possessing indecent photographs of children—tell your Whips that you will not support people responsible for those offences being let out of prison early. Do your job as representatives of your constituents, do your job as advocates for women and girls—

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. “You” and “your”—it has to stop, Dr Mullan.

[Dr Mullan]

Labour Members should do their job as advocates for women and girls and advocates for all victims of crime, and vote against these horrendous proposals this evening.

[Madam Deputy Speaker]

I see that we have a fresh Minister, whom I congratulate and welcome to the Dispatch Box. [Hon. Members: “Hear, hear.”]

Oral Answers to Questions

Kieran Mullan Excerpts

Tuesday 16th September 2025 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

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

I am sure that the whole House will join me in paying tribute to the murdered prison officer Lenny Scott, whose killer was found guilty and sentenced over the recess. It is hard to overstate the seriousness of the case: this was a prison officer murdered simply for doing his job. Like police officers, we ask prison officers every day to stand up to some of the most violent people in our society. Does the new Lord Chancellor agree that prison officers deserve the same legal protections as police officers?

[Mr Lammy]

The work that our prison officers do is incredible. The work that our prison governors do is incredible. Over the course of both my career in law and my career in the House, I have visited very many prisons, and I pay tribute to their work. I will certainly be looking closely at this issue. I hope to come forward with more announcements in the coming days.

[Dr Mullan]

I am sure that prison officers will welcome any future announcements that the Lord Chancellor makes. We have talked this morning about preventive measures we can take to ensure prison officer safety, but police officers benefit from legal protections in terms of the consequences for murdering them, with mandatory whole-life orders imposed on people who do that. The Opposition will table an amendment to the Sentencing Bill that would give the same protection to prison officers. I think they deserve it, and I would welcome his support for that measure.

[Mr Lammy]

It is a serious issue and I will certainly consider it. I know that the Law Commission is looking at similar provisions.

Duty of Candour for Public Authorities and Legal Representation for Bereaved Families

Kieran Mullan Excerpts

Wednesday 3rd September 2025 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mrs Hobhouse. I thank the hon. Member for Liverpool West Derby (Ian Byrne) for securing this important debate. He has been a tireless advocate for bereaved families and communities affected by tragedy. His determination to keep these issues before Parliament commands respect across the House. We owe a debt of gratitude to the campaigners and families themselves. From Hillsborough to Grenfell, from the infected blood scandal to the Post Office Horizon affair, they have shown extraordinary courage in pressing for truth and accountability. Their persistence is the reason why we are here today, and it must not be forgotten.

The Hillsborough disaster in 1989 is the clearest example of why the call for a duty of candour has become louder over the years: 97 lives were lost and countless other people were traumatised, and it was very powerful for us all to hear from the hon. Member for Liverpool West Derby, who was there on that day at a young age. In the years that followed, there were inquiries, judicial reviews and inquests, yet for far too long, the true circumstances of what happened were hidden.

In 2017, Bishop James Jones was asked to reflect on the experience of the Hillsborough families. His report set out in stark terms the lessons that need to be learned. He said that it was vital that the state ensure “proper participation” of the bereaved at inquests at which public bodies are represented. He identified four strands to achieving that: first, publicly funded legal representation for bereaved families when public bodies are represented; secondly, an end to the practice of public bodies spending limitless sums on their own representation; thirdly, a culture change so that public bodies see inquests not as a reputational threat, but as an opportunity to learn; and finally, changes to procedures and the training of coroners so that bereaved families are placed truly at the centre of the process.

His report also served a reminder that legislation alone is not enough. As others have mentioned, we already have a statutory duty of candour in parts of our system—particularly the NHS—but too often that duty has become a tick-box exercise, satisfying process rather than securing trust. If the Hillsborough law is to mean anything, it must embed a genuine culture of truth-telling and accountability, as well as changing the law.

It is against that backdrop that the idea of a statutory duty of candour has emerged and persisted. Sir Brian Langstaff, in his recent report into the infected blood scandal, reinforced the same point: too often, institutions have closed ranks, failed to disclose information openly and thereby compounded the suffering of victims and families.

The King’s Speech in 2024 committed the Government to bringing forward a Hillsborough law, including a statutory duty of candour and provisions on legal representation. The stated aims were to improve transparency and accountability and reduce the culture of defensiveness, and to ensure that failures such as those on Hillsborough or infected blood are not repeated.

Conservative Members are sympathetic to those aims, and it is worth remembering that some steps have been taken. Part 2 of the Victims and Prisoners Act 2024 legislated for the creation of an independent public advocate to give victims and families a stronger voice in the aftermath of major incidents. The previous Government also worked with police chiefs, prosecutors and fire leaders to establish the Hillsborough charter, which commits signatories to put the public interest above organisational representation.

[Ian Byrne]

Does the shadow Minister reflect on the fact, though, that Bishop Jones’s report was in 2017? He was asked to deliver it by the then Prime Minister, Theresa May. The Conservatives had a long time in government to implement the Hillsborough law. The shadow Minister mentioned some of the things they did, but it was not enough. I have been here since 2019, and I have continuously asked Minister after Minister to deliver the Hillsborough law, but the fact is, you failed us.

[Dr Mullan]

I will go on to talk about some of the other steps that we did take. Labour Members might reflect on the many things that, in opposition, they called for, demanded and promised to deliver, but that they are finding considerably more challenging to get done in government. That is our experience of Government in many respects.

As I said, there are other things that we did. On legal representation, the then Government removed the means test for legal help and representation at inquests, particularly in relation to the exceptional case funding scheme, and measures were introduced to promote candour in policing. The offence of police corruption was created in 2017, and in 2020 a new duty to co-operate was written into the Police (Conduct) Regulations 2020.

As the hon. Member for Liverpool West Derby highlighted, however, more needs to be done. In its 2023 report, the Joint Committee on Human Rights looked closely at equality of arms at inquests. It highlighted that during the first Hillsborough inquests, public authorities and senior police officers had multiple legal teams, all funded from the public purse, while bereaved families received no public funding at all. As I said, changes we have made would mean that that would not happen again in future in the same way. The Committee concluded that this inequality hindered the effective involvement of families, and risked damaging the ability of inquests to get to the truth.

Yet, as recent events have shown, the issue is not straightforward. As detailed in the letter the hon. Member for Liverpool West Derby published earlier this year, the Government’s draft Bill was rejected by Hillsborough families, who argued that its proposed safeguards against dishonesty by public servants were not strong enough. The Prime Minister has met them on several occasions, both since taking office and previously in his role as Director of Public Prosecutions, and has emphasised that any legislation must command their confidence. As yet, however, no Bill has been introduced to Parliament.

In April, further reports suggested that draft legislation did not include provision for funding parity. Campaigners expressed real concern, and Ministers in the House of Lords offered reassurances, but admitted that there was concern in Government about the overall availability of legal aid funding.

Further reports over the summer suggest that resistance in the Treasury is slowing progress. The Justice Secretary has apparently made it clear that her Department could not fund the costs within existing budgets, and the Ministry of Justice was said to have sought over £1 billion in additional legal aid funding.

In July, the Prime Minister made the point that although he was fully committed to introducing a Hillsborough law, including a duty of candour, he wanted to take the time to get it right before putting it to Parliament. On the same day, the hon. Member for Liverpool West Derby brought forward his private Member’s Bill on candour and accountability.

The desire for progress is strong, but the practicalities remain contested. We are sympathetic to the principle of a statutory duty of candour. We agree that bereaved families should not face the state’s lawyers without adequate support of their own, and we recognise the force of the campaigns that have led us here. However, we also understand the difficulty of translating principle into workable law. How do we ensure fairness for families without creating unmanageable costs and adverse unintended consequences? Those are not small questions, and they deserve careful thought.

In closing, I return to where I began: the families. Families who lost loved ones at Hillsborough, families devastated by Grenfell, families affected by infected blood and families ruined by Horizon—they have all faced unimaginable grief and years of struggle to uncover the truth. We cannot undo their loss, but we can ensure that the state learns, that institutions are held to account and that families in the future are treated with the openness, honesty and fairness they deserve. Families and victims deserve nothing less.

Draft Criminal Justice Act 2003 (Removal Of Prisoners For Deportation Order 2025) (First sitting)

Kieran Mullan Excerpts

Monday 21st July 2025 General Committees

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

It is a pleasure to serve under your chairmanship, Ms McVey. Let me begin by confirming that the Opposition will not be voting against the statutory instrument. We support further reforms to the removal of foreign national offenders from our prisons. It is right that those who have committed crimes here and have no right to remain should be removed at the earliest possible opportunity, both to protect the public and to reduce the pressure on our system.

This measure builds on steps that we took in January of last year to advance the point at which early release can take place, from 12 months from the end of a sentence to 18 months. The order expands the early removal scheme to allow foreign national offenders serving determinate sentences to be removed from prison and deported as early as the later of two points: once they have served one third of their custodial sentence, or when they are four years from their earliest release point. The Government’s own explanatory memorandum for the order confirms that the impact of this change on the prison estate is modest—just 350 to 500 spaces freed up—and those gains will be quickly offset by the forecast growth in the prison population.

Perhaps more telling than what the order does is what it fails to do. First, there is no serious new mechanism for enacting it. Far too many countries simply refuse to take their own nationals back. We in the Opposition have been clear: if a country refuses to accept the return of its own nationals, we should apply visa sanctions, because there must be consequences for countries that are unwilling to co-operate. The Government’s refusal to act on that proves that they are not truly committed to tackling the issue.

Secondly, nothing in the order stops foreign national offenders abusing the Human Rights Act 1998 to block their removal. We all know how that plays out: legal claims made by those abusing the Human Rights Act, appeals, reappeals and endless delays, while taxpayers foot the bill and the dangerous individuals remain in the UK. The Conservatives would disapply the Human Rights Act from all immigration-related cases, ending the cycle of endless appeals and legal loopholes. We would ensure that if someone breaks the law here, they are returned to their country of origin or a third country—no excuses, no exceptions and no delays.

Earlier this year, we tabled to the Government’s Border Security, Asylum and Immigration Bill an amendment calling for the automatic removal of any foreign national convicted of any offence or charged with immigration offences. Labour had the chance to back firm action, but it chose to reject that. Right now, removal is triggered only if the offender receives a prison sentence of at least one year. Our amendment would have replaced that broken model with a clear principle: if someone breaks the law here, they are returned to their country of origin. We are not opposed to this order, but let us not pretend that it is a bold step forward. It is a half measure from a Government who refuse to face up to the scale of the challenge.

I will finish by saying that I have enjoyed speaking opposite the Minister over this session and I wish him and his colleagues an enjoyable recess. With all the rumours of a reshuffle, who knows whether we will end up facing each other again?

Property (Digital Assets etc) Bill [Lords]

Kieran Mullan Excerpts

2nd reading
Wednesday 16th July 2025 Commons Chamber

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

I rise on behalf of the official Opposition to express our support for the Property (Digital Assets etc) Bill. I do not have the benefit of being a learned Member like the Minister, so I have enjoyed getting to understand what property law looks like in the UK.

As the Minister said, this Bill comes before this House from the other place, where it has already received careful and considered scrutiny. I particularly acknowledge the contributions made there by the noble Lord Holmes of Richmond, whose deep expertise in digital and emerging technologies greatly enriched the debate, and the noble Lord Sandhurst, who rightly described this Bill as

“a necessary but appropriately constrained measure.”—[Official Report, House of Lords, 6 November 2024; Vol. 840, c. GC284.]

This Bill both preserves the inherent flexibility of the common law and provides just enough statutory clarity to support continued innovation and legal certainty in a fast-moving world.

Recognising the need in 2020, the previous Conservative Government asked the Law Commission to examine how the law of personal property should respond to digital assets. The commission undertook extensive consultation and concluded that some assets defy current classification. In response, it recommended confirming in statute that assets need not be things in possession or in action to attract property rights, paving the way for a third category of personal property and ensuring that our common law can continue to evolve with confidence and coherence.

This may be a short Bill, but it carries significant weight for not just the UK’s legal framework, but our global reputation as a leader in digital innovation. As other jurisdictions watch how we respond to technological change, this Bill reaffirms the UK’s commitment to legal clarity, innovation and economic competitiveness. We have a world-leading fintech ecosystem, and with trillions of pounds in digital asset transactions expected globally by the end of the decade, the UK must ensure that it remains at the forefront, supporting innovation, financial inclusion and the future of capital markets.

This Bill also complements a wider programme of regulatory reform already under way in the UK. Since 2023, firms promoting crypto assets have been subject to Financial Conduct Authority rules, including mandatory risk warnings and a 24-hour cooling-off period for new consumers. Anti-money laundering rules apply, and crypto firms must register with the FCA. In 2025, the Government published draft legislation to bring a wider range of crypto assets activities, such as trading platforms and custody services, under full financial regulation. The FCA and the Bank of England are also consulting on new rules for stablecoins, prudential safeguards and the safe custody of digital assets, while the Bank explores the future of a potential central bank digital currency, the “digital pound”. Those efforts, taken together with this Bill, represent a joined-up and forward-looking approach to digital asset regulation in the UK.

As the Minister explained, for centuries the law has recognised two traditional categories of personal property: things in possession, referring to tangible objects such as a bar of gold, and things in action, such as debts or contractual rights enforceable only through legal process. However, the rise of the digital economy has introduced a growing range of assets that defy those historical classifications.

From crypto tokens and digital files to in-game items and carbon credits, individuals and businesses now interact with a third category of asset. This Bill introduces that third category of personal property by confirming what the courts have been increasingly willing to suggest: that a thing is not precluded from being treated as property merely because it does not fit the traditional mould. It does so in a deliberately modest way, allowing the common law to evolve with technological change, rather than attempting to predict or prescribe it.

As Lord Sandhurst put it in the other place, we should champion the flexibility of the common law and legislate only to reinforce and clarify developments already emerging within it. This Bill strikes the right balance: it is principled in substance but careful in its implications. It gives confidence to our courts, clarity to commercial actors and reassurance to individuals navigating digital ownership. We welcome the Government’s amendment in the other place to extend this legislation to Northern Ireland and the agreement of the Northern Ireland Assembly to that extension. I understand that the Scottish Government have consulted separately on the question of recognising crypto tokens as property under Scots law.

Let me take a moment to welcome the Government’s stated intention in the impact assessment of reducing the burden on businesses by improving clarity in this space. At a time when digital assets are increasingly used as a means of payment, representation or value storage, it is vital that our legal architecture keeps pace—not to control innovation, but to support it with the rule of law. We on the Conservative Benches are committed to ensuring that our legal system remains fit for the 21st century and can accommodate new technologies while safeguarding rights and responsibilities.

While we are pleased to support this Bill, let us not lose sight of the broader context. After a year of downgraded growth forecasts, our economy contracting, unemployment and inflation rising and borrowing costs creeping up, the UK urgently needs legal reforms that drive up competitiveness and economic growth. Like the recent reforms to our international legal procedures, it is no coincidence that this Bill stems from a review commissioned by the last Conservative Administration—a Government who really understood the importance of forward-thinking legal reform to support technological and financial innovation to drive economic growth.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the Liberal Democrat spokesperson.

Draft Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2025

Kieran Mullan Excerpts

Monday 14th July 2025 General Committees

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

It is a pleasure to serve under your chairmanship, Dr Murrison, and to respond on behalf of His Majesty’s Opposition. This delegated legislation follows on from legislation laid by the previous Government as part of their response to the independent domestic homicide sentencing review undertaken by Clare Wade KC.

As the Minister outlined, the regulations amend schedule 21 to add aggravating factors for when the murder is connected with the end of an intimate personal relationship, and when the murder involves strangulation, suffocation or asphyxiation. The previous Government, of course, gave consideration to introducing these measures, as they were determined to identify approaches to reduce the rate and nature of violence perpetrated against women and girls.

Our earlier legislative changes introduced statutory aggravating factors for repeated controlling or coercive behaviour by the offender, and sustained and excessive violence towards the victim, but, as the Minister will know, the Government chose not to take forward these specific measures at that time. I am sure that he has been privy to the full range of official advice on these amendments, even if he has ultimately decided to move forward with them now. The Sentencing Council articulated the counter-argument to their introduction in its consultation response, focusing on the challenges of an approach that distinguishes through method rather than the impact of violence of one type or another. The Sentencing Council also expressed concerns that trials might face complex evidential questions about what constitutes an intimate personal relationship. It was not unreasonable to pause and give consideration to those concerns, but we recognise why the Government have now chosen to proceed with these measures.

As the Minister explained, in over a third of the murder cases studied in the Wade review,

“the murder occurred at the end, or perceived end, of the relationship.”

The use of strangulation was also frequently involved, a method of killing that is disproportionately used by men against women, and which has long been recognised as a marker of escalating abuse and lethal violence.

The Law Commission is currently reviewing the law on homicide and sentencing more generally. So if there is a residual concern about how all the different aggravating and mitigating factors interact, that review will present an opportunity for the Government to consider the matter in the round in a way that might assuage concerns about these individual measures.

In conclusion, for now, we respect the Government’s settled view that they believe these measures may on balance bring benefit, and we will not oppose them this evening. But I say to the Minister that the Government do need to make up their mind. The benefit of introducing measures such as these is somewhat muted, because at the same time, the Government are introducing a whole raft of other measures that make the efforts to tackle violence against women and girls and particularly the fight for justice for them harder.

The Government have committed to letting out offenders after serving a third of their sentences simply for not breaking the rules while in prison. They voted against our measures to allow victims to appeal unduly lenient sentences and to protect victims from having their impact statements unduly interfered with. They have introduced automatic release in relation to parole breaches, rather than keeping people in prison until it is safe to let them out. And last week, they welcomed a report that recommended even greater discount for guilty pleas, which, when combined with the Gauke recommendations, could see a domestic abuser serve just one fifth of their sentence.

Measures like these this evening are not going to change the situation, and victims will notice. They will know when they are being given something with one hand only to have twice as much taken away with the other, and we will hold the Government to account for that every step of the way.

Secure 16 to 19 Academies Bill

Kieran Mullan Excerpts

Report stage
Friday 11th July 2025 Commons Chamber

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

I rise to express the Opposition’s support for the Bill. I thank the hon. Member for Cramlington and Killingworth (Emma Foody) for bringing it forward. I note that my hon. Friend the Member for Christchurch (Sir Christopher Chope) was not so keen for me to make the most of the time available, so I do not intend to.

As was noted during the earlier stages of the Bill, this legislation largely mirrors a previous Bill introduced before the election by my hon. Friend the Member for Sleaford and North Hykeham (Dr Johnson)—my office neighbour, as it happens. Although the previous Bill did not complete its passage, I pay tribute to her dedication and clear commitment to improving outcomes for children in custody. She laid the ground work for the Bill we are debating today, and I have no doubt that she will be pleased to see it return to the House with the support of the hon. Member for Cramlington and Killingworth.

Secure 16 to 19 academies, also known as secure schools, are a new form of custodial provision, with education and rehabilitation at their core. They represent a much-needed shift in how we support and care for young people in custody. The last Conservative Government introduced the first secure school, Oasis Restore in Medway. The evidence shows that smaller units that focus on education, health and the root causes of offending are the most likely to reduce reoffending. By helping these children—and they are children—to turn their lives around, we can make sure that everyone is safer in the long run.

Secure schools are not typical educational institutions, and it is both appropriate and necessary that different legal and procedural requirements apply to them. The Bill makes a number of changes to funding and consultation requirements, which are all eminently sensible. Although we agree with the Bill’s provisions, we would welcome reassurance from the Government that the schools will be properly funded and supported, and that appropriate steps are being put in place to ensure that young people in custody are properly supported to reduce their reoffending. If secure schools are to succeed where other parts of the youth estate have historically struggled, they must be properly resourced, effectively led and rooted in strong local partnerships.

We would be interested to hear more in due course about the Government’s long-term vision for the youth estate. What further plans do they have, if any, to open any new secure schools? What future role do they see young offender institutions and secure training centres playing? How will the Government ensure that partnerships with health and education providers are strengthened to maximise the impact of this reform? I would be grateful if the Minister could make some remarks along those lines. This is a practical and proportionate Bill. The Opposition support it and look forward to seeing its progress.

Trial by Jury: Proposed Restrictions

Kieran Mullan Excerpts

Wednesday 9th July 2025 Commons Chamber

[Ben Goldsborough (South Norfolk) (Lab)]

Some may say we are old school in South Norfolk, but I call it common sense. Criminals should be punished and victims should get their day of justice. Simply hoping that more sitting days will fix the Crown court backlog is not realistic, so I urge the Minister to be radical and ensure that offenders are punished and victims get their day in court.

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

Has the hon. Member actually read it?

Oral Answers to Questions

Kieran Mullan Excerpts

Tuesday 8th July 2025 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

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

The whole House will remember the murder of Sarah Everard and the national debate about violence against women and girls that it provoked. Sarah’s parents, Susan and Jeremy, had many positive experiences of the criminal justice system, but they were deeply upset by the restrictions that were placed on what they could say in their victim impact statements. I think that is wrong, the Domestic Abuse Commissioner thinks it is wrong, and the Victims’ Commissioner thinks it is wrong. Does the Minister think it is wrong?

[Alex Davies-Jones]

I have been proud and privileged to meet the Everards, as well as other families who are members of Justice for Victims, to discuss how we can improve the criminal justice system for victims by putting them back at the heart of the system. As the shadow Minister will know, we debated this issue heavily in Committee during the Victims and Courts Bill, and the Department is considering it actively to ensure that the voices of victims are represented in court and at sentencing. I will happily update him on our discussions about how exactly we can do that and what is the best way of doing it.

[Dr Mullan]

I welcome that commitment, but the Minister failed to mention that we tabled an amendment in Committee which she voted against, along with a number of other Labour Members. Given what she has just said, will she commit herself now to ensuring that an amendment is tabled during future stages of the Bill to prevent restrictions on what victims and their relatives can say in their impact statements?

[Alex Davies-Jones]

Let me say yet again that, as the shadow Minister will know, we voted against that amendment because victim impact statements are currently classed as evidence in a court of law, and they have to be quite specific. We are aware of the concerns of victims; what we need to do is put forward workable, realistic possibilities for how we can best represent their voice in the courtroom. We are getting on with action, whereas the Conservatives dithered and delayed for 14 years. We are making sure that victims are represented in our criminal justice system.

Draft Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2025

Kieran Mullan Excerpts

Monday 30th June 2025 General Committees

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

It is a pleasure to serve under your chairmanship, Ms McVey. The draft order will amend the criteria for determining whether an offender recalled to custody should be eligible for automatic release after a fixed term. It has been framed as a pragmatic response to prison overcrowding, but in truth, it is a short-sighted and potentially dangerous change that prioritises expediency over safety and reactivity over long-term strategy. Let me be absolutely clear that this is not a procedural tweak but a significant recalibration of how we manage and record offenders.

The draft order would mandate fixed-term recall—automatic release after 28 days—for the majority of offenders serving under four years, so long as they are not managed under MAPPA level 2 or 3, they have not been charged with a new offence or they are not linked to terrorism or national security. We cannot possibly support that step. There are 67,000 registered sex offenders in the UK, and 95% of them are managed at MAPPA level 1. More than 63,000 registered sex offenders would now automatically be released from prison outside of very limited circumstances.

Such a sweeping change to recall policy, which would affect a large and potentially serious cohort of offenders, raises concerns about public protection and undermines the careful balance that recall decisions are meant to strike. In 2023-24, 45% of recalled offenders were deemed too unsafe for release by the Parole Board, yet under these new rules, many of them could now re-enter society without proper assessment; it is absolutely imperative that the Minister explains how many of those offenders would have been let out if these rules were in play at that time. The chief inspector of probation, Martin Jones, has warned that the policy risks creating a bounce-back effect whereby prolific offenders are released for up to 28 days, then recalled again repeatedly without the root cause of their behaviour being addressed.

These are not edge cases. The policy will apply to criminals serving sentences of up to four years, including those convicted of serious sexual and violent offences who, under the current arrangements, might have remained in custody pending robust risk assessment. Victim safety, public protection and community confidence demand far more than blanket rules, and the draft order exposes us to unacceptable risk. It makes a fundamental change that will create capacity at the expense of victims and public safety.

Let us dwell for a moment on the human consequences: by mandating automatic release after 28 days, the draft order strips away an important layer of risk management. We know that many offenders breach licence conditions not just on a mere technicality but with behaviours that signal a resurgence of their threat. That threat is particularly clear in cases involving domestic abuse. Domestic abuse charities and campaigners have raised deep concerns about fixed-term recalls being applied in this way, and last month Victims’ Commissioner Baroness Newlove stated:

“Victims will understandably feel unnerved and bewildered by today’s announcement. The cumulative effect has been to corrode confidence in the justice system and undermine victims’ sense of security.”

Ellie Butt, head of policy and public affairs at Refuge, warned:

“Refuge has consistently raised concerns about the serious safety risks posed to survivors of domestic abuse as a result of prison early release schemes…if a perpetrator were to breach”

licence conditions

“and be recalled to prison, they could be free to offend again in less than a month.”

The Domestic Abuse Commissioner, Dame Nicole Jacobs, stated:

“I cannot stress the lack of consideration for victims’ safety and how many lives are being put in danger because of this proposed change…Re-releasing them back into the community after 28 days is simply unacceptable.”

The Government will tell us they have no choice. Short-term thinking is jeopardising public safety. A couple of weeks ago, reports emerged that the Government have decided not to proceed with constructing new cells in an existing prison. Specifically, the Ministry of Justice has rejected long-standing plans to build a 240-place house block at HM Prison Gartree. They claim to be doing all they can to prevent early prisoner release, but how does that decision align with their attempts to increase capacity?

The Government will claim that there are not alternative solutions, but there are, such as tackling the remand population. As of March 2025, the number of people held on remand in England and Wales stood at 17,582, which is a full 20% of the total prison population, and still several thousand above the historical average. Those are people who are not yet convicted of any crime, and many may not ever be. Still, however, the Government failed to act on the Lady Chief Justice’s offer of additional court sitting days. Even now, sitting days remain available, but they have decided not to fund them. Every month they delay means more courtrooms left empty, more victims and defendants left waiting, and more pressure piled on to the system.

What about probation? The impact assessment for the draft order concedes that it would “increase the workload” on the Probation Service. That is an under-statement. In reality, the order would transfer pressure from the prison estate to the community, demanding that probation officers, already overstretched, manage a sudden influx of higher risk, less thoroughly assessed offenders. There has been a decrease in the absolute number of probation officers in the year up to March 2025, at a time when the Government are pledging to expand probationary services. The impact assessment says that will

“increase demand for probation services as offenders will spend more time on average on licence being supervised”

in the community. When do the Government expect to increase the total number of probation officers in a sustained way? How much of the additional funding in the spending review was allocated to this policy?

There are further impacts on the police, as the impact assessment makes clear. Chief Constable Gavin Stephens responded to the spending review on behalf of the police chiefs, commenting,

“it is clear that this is an incredibly challenging outcome for policing. In real terms, today’s increase in funding will cover little more than annual inflationary pay increases”.

Police forces are already shouldering a substantial share of risk. As I said, approximately 95% of registered sexual offenders in England and Wales are on MAPPA level 1, and are usually managed locally by the police and Probation Service. We are adding an additional task to their workload.

The statutory instrument fails on multiple fronts. It ignores victims, it burdens probation and it makes the public less safe. It does not address the underlying causes, and instead we have a blunt tool, wielded in haste, in the hope that no one notices the deeper difficulties it conceals. For those reasons, we will oppose the order today.

--- Later in debate ---

[Sir Nicholas Dakin]

I thank both speakers for their contributions to the debate. First, let me pick up on the points made by the Liberal Democrat spokesman, the hon. Member for Eastbourne, who was right to say that the criminal justice system crashed under the previous Government’s watch. That was our inheritance.

The hon. Member was also right to raise his concerns about the response being appropriate and safe. I can assure him that, given the alternatives we face, this will be a safe and appropriate way of proceeding. It is worth reminding ourselves that the recall population was 6,000 in 2018 and is now 13,600; it has grown exponentially. There is a need to create space in prisons in a safe and secure way so that we can lock up the dangerous people who need to be locked up. That is why we are taking this measure now, and it will be carefully and appropriately managed.

Where there are any issues of risk from individuals, they can be recalled at that point, and it is for the Probation Service to identify that. There are proper and sound bases in place to tackle the issue, but I thank the hon. Member for his constructive approach to this issue and for recognising that it is a challenge. It is a challenge that this Government are determined to meet in a safe and proper way that ensures that we can continue to lock dangerous people up.

That brings me to the speech made by the Opposition spokesperson, the hon. Member for Bexhill and Battle. As always, it was interesting and challenging, but it suggests that there is no recognition of his party’s contribution to the difficulties we find ourselves in. In essence, we have to take the hard decisions that the previous Government failed to take. If we take prisons as an example, 500 prison places were added in 14 years, compared with the 24,000 places added in the 13 years of the previous Labour Government. Already, more than 2,000 have been added in the first year of this Government.

We do not take lectures from the party opposite lightly; however, the hon. Member’s challenge is perfectly reasonable and proper. In the May of their last year in government, the previous Government brought in their parallel measure for the fixed-term recall for sentences of up to 12 months to create space in prisons. That is what we are being forced to do now, in a managed, proper and safe way.

[Dr Mullan]

I have one question for the Minister about the most important impact of the policy, and about the people who the Parole Board would otherwise say cannot be released in order to go home. What proportion of them will potentially be affected by this policy and will be let out?

[Sir Nicholas Dakin]

I do not think that information is—[Interruption.] The reality is that the Parole Board has so much to do that people have to wait a long time to get their parole hearing. That is one of the reasons why the prison system is essentially running out of spaces, and we inherited that from the hon. Member’s Government. We are having to roll up our sleeves and deal with the problem, whereas his Government just abrogated their responsibility. If they had taken the necessary actions, we would not be in the situation that we are now in. Frankly, it would be far better if we did not have to take these actions, but we do, in order to keep public protection in place, to keep people safe, and to be able to lock dangerous people up.

Question put.