Courts and Tribunals Bill

Kirith Entwistle Excerpts

Tuesday 10th March 2026 Commons Chamber

[Dr Johnson]

I understand what the hon. Gentleman is saying. I will continue my speech and perhaps he will listen to what I have to say.

The purpose of court decisions is, as the hon. Gentleman said, to prevent unsafe contact and to prevent tragedies. As a paediatrician, I have seen situations where children have been given back to parents and have come to significant harm as a result. I have dealt with and looked after those children, and unfortunately they have not been protected or saved in every case. The law is there to prevent unsafe contact, but the children’s needs must be put first, with the power to restrict access where they are in danger. The court must listen to all the evidence available, but no system is infallible and sometimes judges get it wrong. When they do, the outcomes can be hugely tragic, leading to the loss or serious injury of a child.

I know that this legislation has been brought forward with good intentions. The test is whether it will prevent such harm and such tragedies. I think that it might not. The reason is that the impact assessment produced by the Government says that it is “unlikely to materially change” the outcome in court. If that is the case, what is the point of the legislation? Will it, on the other hand, reduce the likelihood of children seeing their parents? Will that, in and of itself, cause some harm? Will it prevent some children from having the contact they need with their family members? Will it prevent the tragedies that we wish to prevent or not? Will it isolate those children who will come to harm? Do we have the right risk assessments to do that?

Every single one of us in this House wants to protect children. We need to improve the risk assessments and ensure that social workers have time to make proper risk assessments so that they identify the children who may be at risk and separate them from those who are not. We also need to improve the representation of children in court. I was once in court, in the witness box, and the barrister who was representing the children got up to speak. He asked me a question, but he had forgotten the name of one of the two children in the family and I had to remind him from the witness box. We really need to improve the quality of the representation of children.

[Kirith Entwistle (Bolton North East) (Lab)]

Will the hon. Lady give way?

[Dr Johnson]

I will not.

This legislation is potentially just a distraction—something that makes people feel like they are doing something and making a difference, when the impact assessment that the Government have produced suggests it will not. Is this change going to make any difference or not? Is this a lost opportunity to improve the risk assessments, children’s representation and social work and to actually make a difference?

--- Later in debate ---

[Matt Bishop (Forest of Dean) (Lab)]

At the heart of the reforms before us today is one word and one simple question: the word is victims and the question is, how do we ensure that victims actually receive the justice that they are promised?

Hon. Members will know that before coming to this place I served as a police officer over three different forces. During that time I saw at first hand the impact that crime has on people’s lives. I met victims at some of the worst moments that they will ever experience, often after deeply traumatic incidents. What always stayed with me was the faith that victims place in our justice system. They believe that if they report what has happened, come forward and endure the stress of an investigation and a trial, the system will ultimately deliver justice. They believe that the institutions of this country—the police, the courts and the rule of law—will stand behind them.

When victims report a crime, they are making a promise to us and to the justice system that they will follow through and endure the issues that they have to endure. The least we can do is to ensure that the justice system keeps its promise to them. However, today that faith is being tested far too often. I regularly meet victims and victims’ groups who speak about the anxiety, uncertainty and sheer exhaustion that comes with waiting for their case to reach court. Many have done everything we have asked of them—reported the crime, given evidence and supported the investigation—only to be left waiting months and years for a conclusion.

Through my work on the Justice Committee, I have heard extensive evidence about the state of our courts. The reality is stark. The Crown court backlog has more than doubled since 2019. Trials are taking longer and for some of the most serious offences, particularly rape and sexual assault, victims are waiting well over a year on average for their cases to conclude. Behind those numbers are real people: victims who cannot move on with their lives, families left in limbo and witnesses forced to relive traumatic experiences as hearings are delayed or postponed. Justice delayed really does become justice denied.

Before going further, I want to recognise the people who keep our justice system running: the magistrates, judges and court staff all do extraordinary work. Magistrates in particular give up their time voluntarily to serve the public and uphold the rule of law in their communities. Too often we talk about the pressures on the justice system without recognising the people who are holding it together. They deserve our gratitude, but they also deserve a system that properly supports the work that they do, and that is why this reform is necessary.

The reality is that cases today are more complex than they once were. Digital evidence, mobile phone data, body-worn cameras and modern forensic techniques have all improved the fairness of trials, but they have also made cases longer and more demanding to process. The measures in the Bill seek to address that. Giving magistrates greater sentencing powers will allow more cases to be resolved in the magistrates courts, freeing up Crown court capacity for the most serious offences. Similarly, allowing courts greater flexibility in determining where cases should be heard helps to ensure that the most serious crimes are not competing for court time with cases that could be resolved more quickly elsewhere.

Another important aspect of the Bill is the modernisation of the courts. For too long, our justice system has lagged behind the technology available to it. Victims still face unnecessary barriers when trying to access transcripts or understand the progress of their case. Using technology more effectively can make the system faster, more transparent and more accessible.

Finally, I will briefly address the removal of the presumption of parental involvement from children. For many years, survivors of domestic abuse and campaigners have raised concerns about what has sometimes been described as a pro-contact culture in parts of the family courts system. Organisations, such as PEEPSA—Prevent, Educate and Eradicate Post Separation Abuse—that support survivors of post-separation abuse have welcomed the Government’s decision to repeal the presumption of parental involvement. They have long warned that a pro-contact culture can risk sidelining the safety of children and survivors.

[Kirith Entwistle]

Too many women have told me that the family courts felt like an extension of the abuse that they were trying to escape. Does my hon. Friend agree that ending the presumption of parental involvement is a crucial step towards ensuring that children’s safety, not the automatic assumption of contact, is the starting point in every case?

[Matt Bishop]

I completely agree. Children must never be used as a tool through which abuse can continue after separation.

Removing the presumption also sends a clear message that children’s safety and wellbeing must always come first. Reforms of this scale will rightly be scrutinised as the Bill progresses, but the alternative—doing nothing—is simply not acceptable. Without reform, the backlog will grow, victims will continue to wait and confidence in our justice system will continue to erode.

Justice is the foundation of public confidence in this country. When victims lose faith in the system, the rule of law itself begins to weaken. This Bill is about restoring the faith and ensuring that when victims come forward, the justice system is ready to stand behind them. For that reason, I am pleased to support the Bill today.

--- Later in debate ---

[Sally Jameson]

I completely agree. Whether they will be found innocent or guilty, people are entitled to their day in court, and within a reasonable amount of time, as are the victims who need to have their cases heard. Frankly, that also allows prisons to get on with the important work of punishing those who are guilty and focusing on rehabilitation.

I want to take the opportunity of this Bill to push for a further reform of courts policy—I know the Minister is aware of this issue. I understand the reasons it is not in the Bill, but there was a particular case in my constituency. Somebody arrived for their day in court and ready for their trial, but because one of the jurors went sick, the judge decided it would not go ahead, even though the minimum number of jurors was available. They had to wait for a new trial date, which was many months later and, sadly, in the time they were waiting, the defendant—the perpetrator—died. In that case, justice delayed really was justice denied. Will the Minister meet me at another time to discuss whether there can be, if not a legislative change, a policy change on the expectation on judges to carry out trials when the minimum number of jurors is in attendance, unless there are exceptional circumstances?

[Kirith Entwistle]

I recently met judges in Bolton who spoke about issues with prisoner transportation that are also causing serious delays. Does my hon. Friend agree that we should also look at that as a means of speeding things up and improving efficiency?

[Sally Jameson]

Yes, as someone who was regularly held back from going on my dinner break because we were waiting for prisoner transportation, I would always welcome further improvement of prisoner transportation. I am all for that.

To close, we are not the first Government to change the threshold for jury trials, and because of the scale of the crisis we face, the circumstances demand that we must do so again. I am backing this whole package of reforms, because I know from my constituents that they want a courts system that delivers timely justice, supports victims and, frankly, allows them to move on with their lives. The alternative—and I think it is important that we explore the alternative—is that we manage the slow decline of our courts and watch victims walk away and public confidence drain away. We can modernise the system so that justice is delivered swiftly, fairly and for everyone, and that is what I choose today.

--- Later in debate ---

[Dr Tidball]

I do indeed. In combination with the provisions in the Bill to effect structural reform, to stop criminals from gaming the system and to triage trials effectively, such measures will embed a child-centred and victim-centred approach in the courts.

[Kirith Entwistle]

I commend my hon. Friend on her exemplary campaigning on behalf of her constituent Claire Throssell. Does she agree that it is not right that rape victims are waiting 400 days to be heard?

[Dr Tidball]

I do indeed agree with my hon. Friend.

When Jack and Paul died, Claire promised them that no more children should lose their lives like they did, at the hands of an abusive parent. When I first met Claire, I told her that if I was elected, I would do all I could to help her. That was in 2023. On the 11th anniversary of the boys’ death, in October last year, I took Claire to No. 10 Downing Street to meet the Prime Minister—the first Prime Minister to personally commit to fulfil Claire’s promise to her beautiful boys.

I ask this House to vote for the Bill today, so that we can collectively fulfil Claire’s promise to her sons Jack and Paul; so that children like Jack and Paul are listened to, not ignored; and so that no more towns like mine are left to grieve. I urge this House to make that world a reality and support the Bill.