Criminal Courts: Independent Review

Kieran Mullan Excerpts

Tuesday 14th October 2025 Westminster Hall

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

It is a pleasure to serve under your chairmanship this afternoon, Mr Efford. I begin by warmly congratulating my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright) on securing this important debate. He set out with characteristic thoughtfulness the context for today’s discussion: the pressures facing our criminal courts and the enormous impact on victims, as a number of Members pointed out, and the far-reaching recommendations in Sir Brian Leveson’s independent review of the criminal courts. My right hon. and learned Friend is absolutely right to say that the House should have a meaningful opportunity to examine the principles at stake and the implications of the reforms.

Turning to the Leveson review, I acknowledge the serious intent with which Sir Brian approached the task. His report contains thoughtful proposals: consistency in the use of out-of-court disposals; updating legal aid to better recognise work done at plea and trial preparation hearings, as has been pointed out; and changes to permission to appeal, giving more options for defendants to elect to have a judge-led trial. But several recommendations raised profound constitutional and practical concerns. Sir Brian proposes removing the right to elect to have a jury trial for some 220 offences and allowing more judge-only trials in the Crown court. He also recommends raising the sentence discount for an early guilty plea from one third to 40%. At the heart of this debate is a simple but serious problem. The approach to the problem is being tackled the wrong way round.

Sir Brian Leveson’s part 1 report focuses on radical reform proposals, as I have discussed, to do with jury trials, discounts for guilty pleas and creating a new Crown court bench division. Yet the efficiency review, part 2 of Sir Brian’s work, which will look at technology, workforce capacity, case progression and the better use of the court estate, has not even been published. We are being asked to consider endorsing fundamental structural change, including the curtailing of a centuries-old constitutional right, without seeing the full picture. The Government will struggle to build support for changes that should only be considered as a last resort, when they have not even set out the full range of options before us, and we cannot consider such a Bill in isolation. The proposals for early discounts for guilty pleas would sit alongside plans to let offenders serve only one third of their custodial sentences. What a mockery of justice that would make. In fact, the vast majority of what Sir Brian himself identifies as necessary to address the backlog can be achieved without altering the constitutional foundations of our courts. He is clear that we should focus on maximising sitting days, using the existing judiciary and estate to their full potential, and improving case management.

Those who have experience of Government—such as the sponsoring Member of this debate, my right hon. and learned Friend the Member for Kenilworth and Southam—will recognise that there is a real risk that, in setting out to create a whole new Crown court bench division, as proposed in part 1, we would divert both ministerial and judicial energy away from the urgent task of improving and expanding the capacity that we already have. The Chair of the Justice Committee, the hon. Member for Hammersmith and Chiswick (Andy Slaughter), has highlighted that it will require some 6,000 more magistrates, a point also echoed by the hon. Member for Chatham and Aylesford (Tristan Osborne).

Establishing new structures consumes time, money and management focus that should instead be directed towards using every courtroom and sitting day available to reduce the backlog that is paralysing the system. The backlog in the Crown court is now up 10% from when this Government took office just over a year ago. It has increased by 2% since March alone, when it first passed 75,000. Since Labour entered office in July 2024, the backlog has grown by more than 7,400 cases.

The former Justice Secretary, the right hon. Member for Birmingham Ladywood (Shabana Mahmood), claimed that she had taken every possible measure to tackle the backlog, but the facts tell a very different story. In August 2024, the judiciary confirmed that they could sit for up to 113,000 days in 2024-25, yet the then Justice Secretary chose not to fund that capacity. Instead, she initially supported only an additional 500 sitting days in September and then a further 2,000 in December—a drip by drip increase in capacity.

The Government deliberately decided not to fund the courts to sit at full capacity, leaving 4,500 potential sitting days on the table. The Lady Chief Justice took the extraordinary step of telling the Justice Committee that the initial decision to limit Crown court sitting days had,

“frankly had a drastic effect across the board”

causing the “most distressing time” for victims and staff alike.

Even after facing this public criticism, the former Justice Secretary’s response was inadequate. In March 2025, the Ministry of Justice announced that the total would rise to 110,000 sitting days, still below the full 113,000 available. So much for every possible measure.

Sir Brian’s report is clear: the most important step is to add 20,000 extra sitting days per year, reaching 130,000. That would mean tens of thousands more victims finally receiving justice in a timely manner. It requires commitment across the system, but above all, leadership from Government. Instead of focusing on efficiency and capacity, Ministers risk being sidetracked by structural reform.

Part 2 of the review will show how to achieve efficiencies through technology, leadership and better use of the estate. Yet the Government seem intent on pressing ahead with reforms that water down key rights before those recommendations are even known. Whatever the Government might say, the Conservatives in office had to tackle the single biggest barrier to the delivery of justice when the pandemic hit. Labour Members would be taking the public for fools if they think they can convince them—given their record in government so far—that it would all have been different under them. Prior to the pandemic, we actually got the backlog down lower than the level it had been during Labour’s previous period in office.

We inherited a backlog of 47,000 cases and got that down to 39,000 before the pandemic hit. During the pandemic we kept jury trials running, a decision that the Labour Opposition supported at the time. We opened and extended 20 Nightingale courts, appointed 1,000 additional judges and raised the judicial retirement age. We also allocated £220 million for the modernisation and repair of court buildings and, crucially, removed the cap on Crown court sitting days—something Labour has still not done in its period in office.

In just 15 months under Labour, we have seen drift and indecision. Despite inheriting a recovery plan, Ministers have allowed the backlog to worsen, as I have outlined. Even Sir Brian acknowledges that curtailing jury trials would only at best have a limited effect on the backlog, as highlighted by my hon. Friend the Member for Bridgwater (Sir Ashley Fox) and other Members, and in fact represents just 0.2% of the Department’s budget. That is a negligible return for an erosion of centuries of civic participation in justice.

The better course is clear: make full use of existing court capacity, build greater capacity, employ modern case management tools and strengthen the legal profession’s ability to progress cases swiftly, not rewrite our constitutional settlement. We will continue to make that case as any legislation is brought before this House.

[The Minister of State, Ministry of Justice (Sarah Sackman)]

It is a pleasure to serve under your chairmanship this afternoon, Mr Efford. I thank the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright) for securing a debate on this crucial subject, and for the typical expertise and measured, analytical tone that he brings to it. I thought, until the speech of the hon. Member for Bexhill and Battle (Dr Mullan), that something of a consensus had broken out among us. To quote the right hon. and learned Member for Kenilworth and Southam, “something must be done about it”—I think we can all agree on that.

In the opening words of part 1 of Sir Brian Leveson’s review, he tells us that

“Criminal justice is in crisis.”

Indeed, it is. This Government inherited a record and rising courts backlog. As of June 2025, the open Crown court caseload stood at over 79,000 cases and it is rising. Other hon. Members have spoken to the human impact of that. I thank my hon. Friend the Member for Stafford (Leigh Ingham) for raising her constituent’s case. It is a graphic illustration of the impact of the Crown court backlog bequeathed to us by the previous Government, and particularly the impact of the appalling delays on victims.

The backlog not only places a psychological strain on victims, disrupting their ability to function, work and maintain relationships; it corrodes justice, because many of those victims—and indeed witnesses—pull out of the process, meaning that trials become ineffective. As the right hon. and learned Member for Kenilworth and Southam said, it also has an impact on defendants—those who are accused of a crime—as well as on our prisons, and on all those who serve within the system. It creates increasingly perverse incentives to exploit the delays and ultimately undermines the public’s confidence in justice. As many hon. Members have said, justice delayed is justice denied.

I reject the suggestion of the hon. Member for Bexhill and Battle that this Government have sat idly by. Far from it. We inherited a crisis, in both our prisons and our courts, and we have gripped that crisis. It is a fact that, as of today, the Government have added record, historic numbers of sitting days for our courts: 5,000 sitting days more than the number allocated by the previous Government. As other hon. Members have pointed out, we have invested in the workforce crucial to running our criminal courts, and in our solicitors, with an additional £92 million in legal aid on top of a £24 million investment in our duty solicitors. We also, of course, commissioned Sir Brian Leveson, one of our greatest jurists, to undertake his review. If the hon. Member for Bexhill and Battle had bothered to read beyond the first couple of paragraphs of the 388-page report—

[Dr Mullan]

Will the Minister give way?

[Sarah Sackman]

I will conclude my point, then give way.

Sir Brian tells us that “greater financial investment”—which by the way, the Government have already begun to make—

“on its own, without systemic reform, cannot solve this crisis.”

That is a premise that the right hon. and learned Member for Kenilworth and Southam set out in his remarks, and it is absolutely right. We cannot sit our way out of this crisis. Of course, additional sitting days are part of the solution but, as Sir Brian Leveson and his team have told us, greater financial investment—namely sitting days on their own, without systemic reform—cannot solve the crisis. The Government will heed that lesson.

[Dr Mullan]

Just for information, I have read the whole report and it does not do the Minister justice, given her usual, sensible approach, to suggest that the fact I and many other hon. Members, including some in her own party, do not agree with her means that we have not read the report.

[Sarah Sackman]

I am delighted to hear that the hon. Member has read the report. I was not seeking to politicise the discussion. It sounded like, in many respects—other than the issue of jury trials, to which I will turn in due course—there had been an outbreak of consensus that something needed to be done. I want to draw attention to the central premise of Sir Brian Leveson’s report: that, in and of itself, greater financial investment—which of course is a necessary ingredient—will be insufficient to dig our way out of this crisis.

Grip is needed, and it is grip that the Government are showing. Three strands are required. One is investment. That is a question of the number of sitting days. As I said, we are setting record numbers of sitting days. That requires investment in our workforce and, as other hon. Members have pointed out, investment in the infrastructure of justice—investment in the court estate.

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.