Criminal Justice

Debate between Kieran Mullan and Nusrat Ghani

Wednesday 25th June 2025 Commons Chamber

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

As a member of the Select Committee, you will want to be accurate in what you say about prison places—

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. Dr Mullan, there is no “you” in the Chamber; you are talking through the Chair.

[Dr Mullan]

Thank you, Madam Deputy Speaker. The hon. Member will want to be accurate in what she says about prison places. Does she accept that we added 13,000 prison places during our time in office?

--- Later in debate ---

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

It is a pleasure to respond on behalf of His Majesty’s Opposition to this estimates day debate on Ministry of Justice expenditure as it relates to criminal justice. I thank the Select Committee Chair, the hon. Member for Hammersmith and Chiswick (Andy Slaughter), for securing and opening the debate. We are in Armed Forces Week, and those of us who have been involved in the criminal justice system in various guises over the years know that in our prison service, around a quarter of prison officers have an armed forces background. In that sector alone, we see the ongoing contribution that people from the armed forces community make to our public services in different ways. It is a pleasure to be able to pay tribute to them on the record today.

Criminal justice is, of course, a very important topic for discussion. Our courts, prisons and probation services are the bedrock of our criminal justice system. This Government have been in charge of these key areas of public expenditure and activity for almost a year now, and we have heard from Members about the challenges that those who are in contact with the criminal justice system continue to face. We all know that, almost from day one, this Government have lurched from crisis to crisis, and sadly the Ministry of Justice has not been spared. As we consider the estimates for expenditure and the Government’s linked plans to overcome challenges in the criminal justice system, we can only have a meaningful debate if we consider the journey we have been on to reach this point.

I will begin by responding to the points that have been raised about the inheritance that this Government had. Their inheritance can only be fairly considered in the light of what we inherited, what we delivered despite the challenges, and what challenges remain. Labour Members talk about challenging inheritances in the criminal justice system, but what did we face upon arriving in office? We have heard a lot in recent months about Labour being forced into early release schemes for prisoners as a sign of the pressures on the system, but what exactly was happening with early release at the end of Labour’s last period in government? Under the last Labour Government, an astonishing 80,000 prisoners were released early—a huge number—with those releases stopping just before the election for purely political reasons. We were left to pick up the pieces across the prison estate that we inherited. During our 14 years in office, we released just 6% of that figure. If the number of prisoners that Labour Members say they have been forced to release since they came into office is a barometer of failure, what exactly do they make of releasing 80,000 prisoners early after more than a decade in charge?

Perhaps Labour had a good excuse for releasing that many prisoners early—maybe it happened because Labour had been spending its time in office rightly toughening up sentencing for the worst offenders. I am afraid not. In fact, in what I consider to be an enormous historical mistake—the consequences of which we are still battling today when it comes to delivering proper punishment through the justice system—Labour introduced automatic halfway release for essentially all offenders when it was last in government. Those offenders were not included in the figure of 80,000 released early under the emergency schemes I have spoken about. Essentially, all offenders were released early, yet Labour still managed to have a sustained crisis in prison capacity, so I do not take any lectures from Labour Members about the history of the Labour party and the criminal justice sector.

Under the previous Conservative Government, we worked to restore public confidence that serious offenders would face the punishment that their crimes deserved, and worked hard to ensure that—unlike when Labour was in government—we did not have to release 80,000 prisoners early through emergency release schemes. We brought in serious reforms. We reduced automatic release from halfway through a sentence to two thirds of a sentence for the most serious offenders, which was a huge step forward in introducing a greater degree of proper punishment into the criminal justice system. Building on that, we introduced whole-life tariffs for the premeditated murder of children. We increased maximum sentences for the worst child abusers through Tony’s law; for killers of emergency service workers through Harper’s law; and for those who kill through driving in memory of victims such as Violet-Grace. I am proud of all those reforms, and make no apologies for them.

Such measures do create challenges for prison capacity, but as I will go on to explain, those changes were necessary. More than any other factor, it was covid that created the challenges we now face. Of course, we had to tackle the enormous challenges presented by covid, which have left a long legacy in the criminal justice arena. We prioritised the right to jury trials in a way that the rest of the world struggled to; we had one of the shortest suspensions of sittings of trials, and did what we could to support the continuation of jury trials. We increased sitting days, allowing the courts to sit at maximum capacity for three years in a row; we invested £220 million in essential modernisation work for courts up to 2025; and we extended the use of 20 Nightingale courtrooms in 2024-25. That kept our justice system moving, despite what Labour now claims.

Undoubtedly, the backlog still presents challenges, but again, I am happy to compare records. Labour MPs are now deeply concerned about the backlog, but how concerned about Crown court backlogs were Labour MPs when they were last in government? I can tell Members that pre-pandemic backlogs in the Crown court reached higher levels during Labour’s time in office than they did under us. The increase in the remand population of approximately 7,000 above the historical average, which is directly linked to covid, is a major factor in the prison capacity challenges we now face.

What has Labour done to make a decisive difference since coming into office? Did the Government rush to maximise sitting days to get the backlog down? No, they did not—they have repeatedly dragged their feet. For almost six months, they did not take the Lady Chief Justice up on her offer of further sitting days, and even now, there are more days available to the Government that they have not funded. With each month that has passed, that has meant more lost court days, more people waiting and more pressure on the system than if they had just increased sitting days from the outset. What has been their biggest celebration when it comes to prison building? It is the opening of a new prison, HMP Millsike, which was planned, paid for and largely built under the previous Conservative Government.

Despite what Labour says, we created 13,000 prison places during our time in office, including in two new prisons, HMP Five Wells and HMP Fosse Way. I am not aware that any of Labour’s projected plans for prison places use net figures, which Labour Members want to use when looking at our record. The Government have announced plans for 14,000 prison places by 2031, supported by £7 billion, but 6,500 of those places were already in the pipeline, having been announced by the previous Conservative Government. Four of their new prisons were already planned or under construction, so this announcement is less a bold new strategy than it is a tired re-announcement. Even more concerning is the funding gap. The Government have allocated £7 billion, but the National Audit Office reports that the Ministry of Justice and His Majesty’s Prison and Probation Service expect the cost of expansion to be closer to £10 billion. That is a £3 billion shortfall, placing a serious question mark over how the promised places will be delivered.

How are the Government building on their legacy of releasing over 16,000 prisoners early just in their first six months, which is 11,000 more than planned? In the name of what they call sustainability, they are embedding even greater levels of early release into the system, unpicking the positive steps we took in government to turn around Labour’s legacy of weaker punishment. The Government are doing this on the back of a sentencing review carried out by David Gauke, based on the premise that increasing prison populations were unsustainable. I am clear that that review was an insult to the views of victims and their families—many have told me so directly—and it is unfortunate that so many Members speak positively about it. Imagine launching what you describe as a “landmark review of sentencing”, and then giving almost no consideration in the pages of that report to what victims and their families actually want from sentencing.

Worse, instead of a serious attempt to engage with what victims and their families might want, Mr Gauke chose to deploy the all-too-common patronising talking points of those who want us to believe that victims and their families simply do not understand sentencing, and that if they did, they would undoubtedly feel much better about it all. This might be of particular interest to the Chair of the current Select Committee, because Mr Gauke, in particular, cherry-picked quotes from our excellent report from a previous Session on public understanding and expectations of sentencing. As the hon. Member for Hammersmith and Chiswick might remember, that report very much engaged with what the public wanted and how to determine that more effectively. It takes a particular type of intellectual approach to go through a report full of rich detail and just pick out what suits you, hoping no one will notice. Well, I noticed, as did representatives of victims and their families such as Justice for Victims.

That half-baked exercise in considering sentencing has now served as the launch point for the Government’s sentencing policy. If halfway release was not an appalling enough legacy from the last time Labour was in government, the Government are reducing release to a third of the sentence for most offenders, and turning our two-thirds release for the worst offenders back into halfway release. Let us be clear: prisoners will now be rewarded for doing what should be expected of them. Obeying prison rules and engaging in education or working are the basic behaviours of any law-abiding citizen. They should not qualify offenders for early release, and they certainly should not allow them to serve as little as one third of their sentence. That is not justice.

Labour’s model rewards serious offenders, does little to protect the public, and is a dereliction of duty. All the while, our Crown court backlogs have increased by more than 10% and stand in excess of 70,000 cases. Our remand population sits at more than 17,000 people. Wherever we look, problems that Labour promised to fix in opposition are just getting worse. How does the Lord Chancellor now plan to tackle this challenge? The £450 million committed to the courts in the spending review is a perhaps useful, if not fully adequate, indication, but how will the money be spent? Unfortunately, that is where the Government fall short.

The Government have no substantial ideas of their own, with 14 years apparently not long enough for them to think of their own innovations. While we await the findings of yet another independent review that they hope will solve all their issues, they have announced that custodial sentences of under 12 months will all but vanish, replaced by community sentences. The consequences are staggering. Up to 43,000 offenders, including burglars, shoplifters and knife carriers, will avoid jail altogether. I have met local businesses at their wits’ end. They tell me about the rise in shoplifting, staff who are afraid and customers who no longer feel safe. Removing custodial sentences for repeat offenders does not send a message of reform; it sends a message of impunity.

Labour has chosen the easy way out. It is tackling the prison population not with long-term reform or capacity investment, but by quietly reducing sentences and downplaying criminal behaviour. It is short-term thinking that puts public safety at risk. In fact, just last week it was reported that the Government declined to move forward with building a new prison block. They say they are doing everything possible to avoid releasing prisoners early, but how does that square with that decision?

We might think that the Government would grab opportunities that cost nothing, but we have seen them stand in the way of reforms we put forward as amendments to the Victims and Courts Bill this week. Labour did not support making sure victims are awarded compensation equivalent to their losses, or allowing victims the freedom to speak their minds in victim personal statements. Labour did not support increasing the time available to collect courts fines, or giving victims and families a better chance to appeal unduly lenient sentences. All their lofty spending plans will be of little use if this Government’s ongoing mismanagement of the economy leaves us with even less money to spend on the Ministry of Justice.

Across nearly every single major economic metric, Labour has made things worse. Unemployment is up, inflation is up and all the projections of economic growth it inherited from us have been downgraded. Is it any wonder why? The Office for Budget Responsibility is clear about the damaging impact of the Government’s jobs tax, and businesses can see what is on the horizon with the Employment Rights Bill. The costs of borrowing are soaring. The MOJ’s expenditure pales in comparison to what we will be paying on interest in ballooning debt over the course of this Parliament.

I will finish with three short questions. First, given the funding allocated to probation and the increasing reliance on it and given that, as the Justice Committee member, my hon. Friend the Member for Bridgwater (Sir Ashley Fox) highlighted, the number of probation officers has gone down since Labour came into power, how do the Government plan to ensure that money is delivering effective services? Secondly, how do they plan to close the £3 billion gap in the prisons budget? Thirdly, given that so much of their own thinking is relying on it, when will Brian Leveson’s report be published? The British people deserve a justice system they can trust—one that protects victims, punishes offenders and keeps our communities safe. This Government’s approach fails on every single count.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the Minister.

Arbitration Bill [Lords]

Debate between Kieran Mullan and Nusrat Ghani

2nd reading
Wednesday 29th January 2025 Commons Chamber

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

I rise on behalf of the Opposition to support the Second Reading of the Arbitration Bill. As the Minister has laid out, arbitration is a cornerstone of the UK’s legal and economic landscape, contributing significantly to our reputation as a global hub for dispute resolution. The Bill seeks to amend the Arbitration Act 1996 to ensure our framework remains world leading and fit for purpose in a rapidly evolving global business environment.

Arbitration plays a vital role across both the domestic and international spheres. It is employed in areas ranging from family law and rent reviews to commodity trading, shipping and investor claims against states. With over 5,000 arbitrations conducted annually in England and Wales, the process directly contributes more than £2.5 billion to our economy in arbitrator and legal fees, while also supporting wider sectors, such as banking, insurance and trade. The Minister used the opportunity of this debate to cover quite extensively the long and distinguished history of arbitration in our judicial system.

We all agree that London stands proudly as one of the world’s most preferred seats for international arbitration, alongside Singapore. Maintaining this position is no accident. It reflects the strength of our legal system, the confidence of global businesses in our expertise and the robustness of the original 1996 Act. However, as other jurisdictions modernise their arbitration laws, we must ensure that ours remain cutting edge to safeguard our competitive lead.

The previous Conservative Government rightly recognised that need, and in March 2021 tasked the Law Commission to review the Act. I thank all those involved at the Law Commission for their hard and excellent work. After extensive consultation and input from stakeholders, the Law Commission published its final report and a draft Bill in September 2023, identifying targeted reforms to enhance our arbitration framework. A Bill to deliver those reforms was introduced by the Conservative Government in November 2023; I thank the Minister for his acknowledgment of the previous Government’s work.

The Bill’s progress was interrupted by the general election. The Opposition commend the Government for reintroducing the Bill swiftly in light of the broad support. Observers may have noticed that we have a quiet Chamber today, but in this the world’s first debating chamber, the lack of attendance is a reflection of the deep and considered consensus and lack of debate around the need for this important Bill and what it is seeking to achieve.

I thank Lord Bellamy in particular for his contributions as the sponsoring Minister of the original Bill and for his continued and important contributions in the development and improvement of this Bill. I also thank Lord Hacking for his contribution to the debates in the other place, particularly on the issue of corruption. We appreciate such valuable input and agree that that matter warrants further consideration. Even if, ultimately, the need to get the Bill on to the statute book for all the benefits that it brings means that it would not be appropriate to do that through the current legislation, we should continue to monitor and revisit that issue.

The Arbitration Bill introduces a range of reforms designed to improve clarity, efficiency and fairness in arbitration proceedings. Those reforms address practical changes while reinforcing the UK’s position as a global leader. I will highlight a few key provisions, as the Minister has explained in detail, which make the Bill significant.

First, the Bill addresses long-standing uncertainties in the legal framework, particularly regarding arbitration agreements where no jurisdiction is specified. By defaulting to the law of the seat of arbitration, the Bill aligns with international norms, thereby enhancing predictability and clarity for parties involved. Secondly, it strengthens the integrity of arbitrators by codifying the duty of impartiality and disclosure. As clarified in the landmark Halliburton v. Chubb case, the Bill ensures greater transparency and fosters trust in the arbitration process. Finally, the Bill promotes procedural efficiency. Provisions such as allowing summary awards, recognising emergency arbitrators and streamlining jurisdictional challenges represent vital steps towards making arbitration more accessible and efficient for all stakeholders.

Those are just some of the many commendable provisions in the Bill that aim to modernise the 1996 Act and ensure that arbitration remains an attractive and effective method of dispute resolution. The Opposition developed the original Bill and support this one to ensure the UK’s ongoing leadership in arbitration. However, we remain committed to scrutinising its provisions in Committee to ensure they achieve their intended goals without unintended consequences. I commend the Bill to the House and I look forward to hearing the contribution of the Liberal Democrat spokesperson to the debate.

[Madam Deputy Speaker]

I call the Liberal Democrat spokesperson.

--- Later in debate ---

[Dr Mullan]

With the leave of the House, I will speak briefly. I focused my remarks earlier on the Bill, as hon. Members might expect, but I want to take this opportunity, as important matters such as arbitration are before the House and as I have the Minister’s attention, to reiterate our thanks to everybody involved both in this Bill and in the previous one, in both Houses. Particularly, we thank Lord Hacking for his work in highlighting other issues.

I encourage the Minister to recognise that, although the Bill is welcomed and will be positive, the Government will need to continue work on some issues: as I mentioned earlier, the interplay between arbitration and corruption; the need for expedited hearings; the role of third party funding; and the authority to mandate mediation between parties. The Minister may not have an immediate response, but I would welcome future work from the Government in those areas.

[Madam Deputy Speaker]

I call the Minister.

Growing the UK Economy

Debate between Kieran Mullan and Nusrat Ghani

Wednesday 29th January 2025 Commons Chamber

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call Dr Kieran Mullan—I assume you have a lot to say.

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

Away from Labour’s rhetoric, I suspect that Members on both sides of this House are hearing the reality from our constituents. On Friday, I visited Saxonwood care home in my constituency, and St Michael’s hospice just across the border, which looks after my constituents. I have also heard from Bexhill chamber of commerce, and they are all clear that Labour’s planned national insurance rise will do enormous damage to their attempts to grow, and to employ people. Does the Chief Secretary agree with the OBR’s forecast that the jobs tax will harm growth, not help it?

Passenger Railway Services (Public Ownership) Bill

Debate between Kieran Mullan and Nusrat Ghani

Committee of the whole House
Tuesday 3rd September 2024 Commons Chamber

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

It is a pleasure to conclude the Committee of the whole House for the Opposition, and it has been a pleasure to sit and listen to another set of distinguished maiden speeches from Members on both sides. I join the Minister in the tributes he paid to the speeches made from the Government Benches. I pay tribute in particular to the hon. Member for Thurrock (Jen Craft) for her moving remarks about her commitment to her daughter and to the hon. Member for Hendon (David Pinto-Duschinsky) for his powerful remarks about how his life is inspired by the bravery of the woman who saved his father’s life.

On the Opposition side of the House, we had maiden speeches from my hon. Friends the Members for Bridlington and The Wolds (Charlie Dewhirst) and for South West Devon (Rebecca Smith). My hon. Friend the Member for Bridlington and The Wolds did a fantastic job of selling the tourist credentials of his constituency and proudly declared himself the Member for both pigs and lobsters. I am sure that his passion for the place where he grew up will serve his constituents well. My hon. Friend the Member for South West Devon spoke proudly of the history and beauty of her constituency. The House will be richer for her experience working for the War Graves Commission and her interest in foster caring.

We also heard from my right hon. Friend the Member for Aldridge-Brownhills (Wendy Morton), who used her previous experience as a rail Minister to explain clearly the changes that we need and have sought. She also highlighted the lack of evidence and arbitrary nature of the Government’s approach as well as the lack of thinking about the Bill’s implications at a local level for projects such as the west midlands rail hub.

That brings me to the matter before us, where I am afraid my ability to find words of praise dries up. As my hon. Friend the shadow Transport Secretary outlined, we have been asked today to rush through a major change to the operation of our railways on the back of a rushed Second Reading and without all the benefits of a full Bill Committee.

What exactly was it about giving stakeholders in the railway industry the chance to share their views in Bill evidence sessions that the Secretary of State was so afraid of? I wonder what witnesses might have raised—perhaps the fact that the facade of a simple solution to the challenges on the railway presented by the Secretary of State has already fallen away in the intervening weeks since Second Reading. On Second Reading, she praised the already nationalised LNER service while chastising private sector operators, warning them that they needed to get their house in order. I cannot decide whether the ASLEF leadership are just being unkind to her or have a mischievous sense of humour, because the day after crudely championing the no-strings deal they had secured from the Government, where did union bosses announce they intended their next round of industrial action to be? Not in one of the private sector operators that the Secretary of State is rushing to wrest back into public control, but in the publicly owned and run LNER. There could be no more definitive answer to the question of whether the Bill will make any real difference. If public sector operators are the answer, the Secretary of State might want to ask ASLEF why it described its public sector managers as brutal, bullying, promise-breakers. The risks for passengers and taxpayers are in stark headlights. Thankfully, the industrial action has been called off, though passengers’ travel plans were disrupted this weekend. It seems that we will avoid a protracted strike, but what concessions were made to ASLEF, and what involvement did Ministers have? We have no idea, and we will have a similar lack of transparency in future, if the Bill passes unamended.

What of the private sector operators that the Secretary of State has been so critical of, and critical of us for allowing to continue? What can we learn from her dealings with them? Despite all her warm words to her Back Benchers, what has she done since Second Reading, using her existing contractual powers, to bring operators such as Avanti back into public ownership, if she really believes that will make a difference? She has quite literally spent years repeatedly describing it as failing. She has had almost two months to remove the franchise from it, which she could legally do if it were in breach of contract and not delivering, as she has repeatedly implied. I am sure that some of her Back Benchers will have noticed that she has not done that. It is yet further proof that she knows that the question of who runs the railways will not make a material difference.

The Secretary of State knows that bringing Avanti and others into public ownership will not miraculously solve anything. In fact, the seven most punctual operators last year were private sector operators. Of the seven worst performing operators for cancellations in 2023-24, four were publicly run.

At the start of the Committee, the shadow Transport Secretary outlined a number of important questions, which I hoped the Minister would answer in support of his argument that we should vote with him tonight. How will accountability for improving performance be achieved? How will costs be controlled? How will innovation and reform be driven forward? How will pay negotiations be conducted fairly for taxpayers? Those are basic questions that, after 14 years, Labour should be able to answer, but we will vote tonight with them unanswered.

I want services to improve—in that respect, we all want the same thing—but the Bill as is has little chance of making that happen. It will just result in back-room deals that will, more likely, put union bosses first and bring no guarantees of improved performance for passengers. I respect and value railway staff, but Governments have wider responsibilities to taxpayers. The Government have the right to proceed anyway, but our amendments aim to at least ensure accountability and transparency, and would make passengers, not union bosses, the focus.

We seek to ensure the best use of the Committee’s time, so we will not press amendment 18 to a Division, but with permission of the Chair, we will press amendments 14 and 17 to a vote, as the ones most able to secure the best version of the Bill. Amendment 14 makes it crystal clear that the primary duty of public sector operators is to passengers. Whatever ideological change this Government make to the ownership of the railways, that should never change. Amendment 17 aims to prevent a repetition of the no-strings deal given by Labour to its union boss donors, and to ensure independence in the process. Time and again, Labour Ministers have supported the importance of independent advice in determining the pay of public sector workers. Every single Labour MP voting against this amendment lays bare the stranglehold that the rail union bosses have over their Prime Minister and Secretary of State. If they single them out for special treatment, they will need to justify to other public sector workers in their constituencies why rail union bosses are exempt from the processes that to apply to teachers, soldiers, nurses and millions of other staff.

To reiterate, we on the Opposition Benches are in agreement that change is needed, but practicality and what works should come first, not this rushed, ideological approach. Members in all parts of the Chamber can see that our amendments simply create safeguards for passengers and taxpayers, and ensure transparency and fairness. I hope that Government Members can see the benefit of that, and agree, even if they are convinced of the benefits of nationalisation, that there are better ways to do it. In that spirit, I call on them and all Members to support our amendments, and to deliver a better Bill in the Division Lobbies this evening.

Amendment, by leave, withdrawn.

Clause 1 ordered to stand part of the Bill.

Clause 2

Future provision of services

Amendment proposed: 14, page 2, line 17, at end insert—

“(1BA) Every contract made in accordance with subsection (1A) shall place a duty on the public sector company to consider the needs of—

(a) passengers;

(b) residents of rural areas;

(c) residents of areas underserved by the rail network; and

(d) the wider rail network

when considering making changes to existing service levels.” —(Helen Whately.)

Question put, That the amendment be made.

The Committee proceeded to a Division.

[The Chairman]

Will the Serjeant at Arms investigate the delay in the No Lobby?