Prison Capacity

Debate between Lindsay Hoyle and Shabana Mahmood

Thursday 18th July 2024 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)]

With permission, Mr Speaker, I will make a statement about prison capacity in England and Wales.

As you know, Mr Speaker, I wanted to make this announcement first in this House. However, given the scale of the emergency facing our prisons, I was forced to set out these measures before Parliament returned.

Since this Government took office two weeks ago, it has become clear that our prisons are in crisis and are at the point of collapse. The male prison estate has been running at over 99% capacity for the last 18 months. We now know that my predecessor warned No. 10 Downing Street but, rather than address this crisis, the former Prime Minister called an election, leaving a ticking time bomb. If that bomb were to go off—if our prisons were to run out of space—the courts would grind to a halt, suspects could not be held in custody and police officers would be unable to make arrests, leaving criminals free to act without consequence. In short, if we fail to act now, we face the prospect of a total breakdown of law and order.

Rather than act, the last Prime Minister allowed us to edge ever closer to catastrophe. Last week, there were around 700 spaces remaining in the male prison estate. With 300 places left, we reach critical capacity. At that point, the smallest change could trigger the chain of events I just set out. With the prison population rising, it is now clear that by September this year, our prisons will overflow. That means there is now only one way to avert disaster.

As the House knows, most of those serving standard determinate sentences leave prison at the halfway point, serving the rest of their sentence in the community. The Government now have no option but to introduce a temporary change in the law. Yesterday, we laid a statutory instrument in draft. Subject to the agreement of both Houses, those serving eligible standard determinate sentences will leave prison after serving 40%, rather than 50%, of their sentence in custody, and will serve the rest on licence. Our impact assessment estimates that around 5,500 offenders will be released in September and October. From that time until we are able to reverse this emergency measure, 40% will be the new point of automatic release for eligible standard determinate

sentences.

The Government do not take this decision lightly, but to disguise reality and delay any further, as the last Government did, is unconscionable. We are clear that this is the safest way forward. In the words of the Metropolitan Police Commissioner, Sir Mark Rowley, these steps are “the least worst option”. He went on to say that

“the worst possible thing would be for the system to block”,

and that any alternative to these measures would be “dangerous for the public”.

I understand that some may feel worried by this decision, but I can assure the House that we are taking every precaution available to us. There will be important exclusions. Sentences for the most dangerous crimes—for sexual and serious violent offences—will not change. That will also be the case for a series of offences linked to domestic violence, including stalking, controlling or coercive behaviour and non-fatal strangulation, as well as those related to national security.

We will also implement stringent protections. First, this change will not take effect until early September, giving the probation service time to prepare. Secondly, all offenders released will be subject to strict licence conditions, to ensure they can be managed safely in the community. Thirdly, offenders can be ordered to wear electronic tags, and curfews will be imposed where appropriate. Finally, if offenders breach the conditions of their licence, they can be returned to prison immediately.

Let me be clear: this is an emergency measure, not a permanent change. This Government are clear that criminals must be punished. We do not intend to allow the 40% release point to stand in perpetuity. That is why I will review these measures again, in 18 months’ time, when the situation in our prisons will have stabilised. Throughout, this Government will be transparent. We will publish data on the number of offenders released on a quarterly basis, and we will publish an annual prison capacity statement, legislating to make this a statutory requirement.

When we implement this change, we will stop the end of custody supervised licence scheme introduced by the last Government, which operated under a veil of secrecy. From the Opposition Benches, I was forced to demand more information about who was being released and what crimes they had committed. This Government have now released that data, showing that over 10,000 offenders were released early, often with very little warning to probation officers, placing them under enormous strain. This was only ever a short-term fix. It was one of a series of decisions this Government believe must be examined more fully, which is why we are announcing a review into how this capacity crisis was allowed to happen and why the necessary decisions were not taken at critical moments.

The measures I have set out today are not a silver bullet. The capacity crisis will not disappear immediately, and these measures will take time to take effect. But when they do, they will give us the time to address the prisons crisis, not just today but for years to come. This includes accelerating the prison building programme to ensure we have the cells we need. Later this year, we will publish a ten-year capacity strategy. That strategy will outline the steps that the Government will take to acquire land for new prison sites, and will classify prisons as being of national importance, placing decision making in Ministers’ hands. The Government are also committed to longer-term reform and cutting reoffending.

Too often, our prisons create better criminals, not better citizens, and nearly 80% of offending is reoffending, all at immense cost to communities and the taxpayer. As Lord Chancellor, my priority is to drive down that number. To do that, the Government will strengthen probation, starting with the recruitment of at least 1,000 new trainee probation officers by the end of March 2025. We will work with prisons to improve offenders’ access to learning and other training, as well as bringing together prison governors, local employers and the voluntary sector to get ex-offenders into work. We know that if an offender has a job within a year of release, they are less likely to reoffend. It is only by driving down reoffending that we will find a sustainable solution to the prisons crisis.

In a speech last week, I called the previous occupants of Downing Street “the guilty men”. I did not use that analogy flippantly. I believe that they placed the country in grave danger. Their legacy is a prison system in crisis, moments from catastrophic disaster. It was only by pure luck, and the heroic efforts of prison and probation staff, that disaster did not strike while they were in office. The legacy of this Government will be different. We will see a prison system brought under control; a probation service that keeps the public safe; enough prison places to meet our needs; and prisons, probation and other services working together to break the cycle of reoffending and so cut crime.

I never thought that I would have to announce the measures that I have set out today, but the scale of this emergency has forced this Government to act now, rather than delay any longer. This Government will always put the country and its safety first. I commend this statement to the House.

[Mr Speaker]

I call the shadow Minister.

--- Later in debate ---

[Shabana Mahmood]

I thank my hon. Friend for that question. The situation with IPP prisoners is of great concern, and I know that huge numbers of Members on both sides of this House care about it deeply. I share that concern. IPP prisoners are not caught in the changes that we are putting forward; those are indeterminate sentences, not standard determinate sentences. We supported the previous Government in what we thought were sensible changes to the licence period and the action plan, and we will continue that work. However, any changes made have to account for public protection risks, first and foremost. We want to make progress with that cohort of prisoners, but not in a way that impacts public protection.

[Mr Speaker]

I call the Lib Dem spokesperson.

Oral Answers to Questions

Debate between Lindsay Hoyle and Shabana Mahmood

Tuesday 14th May 2024 Commons Chamber

[Mr Speaker]

I call the shadow Secretary of State.

[Shabana Mahmood (Birmingham, Ladywood) (Lab)]

This week the chief inspector of prisons found that, at HMP Lewes, the Government’s early release scheme is undermining safety and risk management. In one case, a high-risk prisoner was released early despite being a risk to children, having a history of stalking and domestic abuse, and being subject to a restraining order. Is this the Secretary of State’s idea of putting public safety first?

Oral Answers to Questions

Debate between Lindsay Hoyle and Shabana Mahmood

Tuesday 26th March 2024 Commons Chamber

[Mr Speaker]

I call the shadow Secretary of State.

[Shabana Mahmood (Birmingham, Ladywood) (Lab)]

This Conservative Government promised 20,000 prison places by 2025, but so far they have only delivered under 6,000. The Justice Secretary is letting violent offenders out up to two months early because, as we found out from press briefings about dire warnings to No. 10, he has literally nowhere to put them. Instead of focusing on what happened 14 years ago under the last Labour Government, will he level with the public about the true scale of the prisons capacity crisis that is unfolding on his watch?

Oral Answers to Questions

Debate between Lindsay Hoyle and Shabana Mahmood

Tuesday 20th February 2024 Commons Chamber

[Mr Speaker]

I call the shadow Justice Secretary.

[Shabana Mahmood (Birmingham, Ladywood) (Lab)]

Prisoners are spending up to 23 hours a day locked up in their cells as a direct result of overcrowding and the prisons capacity crisis caused by this Government. However, I hear congratulations are in order following an announcement last month, not on the Government actually delivering any of the new prisons they have promised or on even getting spades in the ground, but on their submitting yet another planning application for the Leicestershire prison that the Secretary of State for Levelling Up, Housing and Communities has already ruled on once. Is not about time that the Minister renamed the new prisons programme the no prisons programme?

Oral Answers to Questions

Debate between Lindsay Hoyle and Shabana Mahmood

Tuesday 9th January 2024 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Shabana Mahmood (Birmingham, Ladywood) (Lab)]

Many, many more offenders will be serving their sentences in the community as a result of the measures in the upcoming Sentencing Bill. We all know that the Government have had to rush these measures out to deal with the prisons capacity crisis that they have created, but it is essential to recognise that these measures will rely heavily on a functioning probation service. With only one of the 33 probation delivery units inspected being rated as “good”, and all others being rated as “requiring improvement” or “inadequate,” what additional resources have been put in place to ensure that potentially dangerous criminals are being properly monitored?

Oral Answers to Questions

Debate between Lindsay Hoyle and Shabana Mahmood

Tuesday 12th September 2023 Commons Chamber

[Mr Speaker]

I welcome the new shadow Secretary of State to her post.

[Shabana Mahmood (Birmingham, Ladywood) (Lab)]

I thank the Minister for the update about Daniel Khalife, but the fact remains that HMP Wandsworth has been a known problem for the best part of a decade, with a litany of failures including overcrowding, staffing and security issues. Khalife is not even the first escape from Wandsworth; there was an incident in 2019, which the chief inspector of prisons said was the result of a “serious security breach”. Why, after so many warnings about Wandsworth, have the Government failed to act?

Tax Avoidance (HSBC)

Debate between Lindsay Hoyle and Shabana Mahmood

Monday 9th February 2015 Commons Chamber

[Mr Gauke]

Thank you, Mr Deputy Speaker.

This is further evidence of progress made by this Government in tackling tax evasion and, indeed, tax avoidance—progress that was sadly lacking under the previous Government.

[Shabana Mahmood]

The Financial Secretary’s remarks simply do not go far enough. We need much more detail from him as to what the Government have been up to since they were made aware of this information and why they have apparently failed to act over such serious allegations.

First, when the French authorities passed this information to HMRC, who saw it and what was done with it? Were Ministers informed and what communications did HMRC have with the Treasury and No. 10? If there was no communication, why not, given the seriousness of the issue?

Secondly, what information did the Government seek from Lord Green about the allegations of malpractice at HSBC and his involvement in them prior to his appointment as a trade Minister? The Financial Secretary said this morning that the information was in the public domain before 2010. What information was sought and received? Any failure by this Government to question Stephen Green before his appointment would be an inexplicable and inexcusable abdication of responsibility, and the Government must address that point.

Does the Financial Secretary agree that the minimum to be expected now must be an immediate statement by Lord Green, with a full explanation of his role in these allegations while at HSBC; his knowledge of them while he was a Government Minister; and all communication he has had on these issues with Government Ministers?

Thirdly, at any point during Lord Green’s stint in government, did the Financial Secretary or any other member of the Government discuss allegations of tax avoidance and evasion at HSBC with Lord Green? In 2011, HMRC was open about conducting investigations into the UK individuals on the so-called Falciani list. Can the Financial Secretary give a categorical statement about what discussions have been had between May 2010 and now between HMRC and members of the Government about such investigations?

This Government have failed to back Labour in our calls to crack down on tax avoidance, whether on stopping hedge funds avoiding hundreds of millions—[Interruption.]

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I want to hear the end of this and I want the shadow Minister to be given the same courtesy as the Financial Secretary.

[Shabana Mahmood]

Thank you, Mr Deputy Speaker.

This Government have failed to back Labour in our calls to crack down on tax avoidance, whether on stopping hedge funds avoiding hundreds of millions in tax on shares or on closing the eurobonds loophole, and now it seems that wrongdoing may have been overlooked on their watch. As Richard Brooks, a former HMRC tax inspector, has said, the Treasury and HMRC

“knew that there was a mass of evidence of tax evasion at the heart of HSBC”

in 2011, but they

“simply washed their hands of it.”

[Mr Gauke]

The essence of the hon. Lady’s speech was the accusation that wrongdoing has been overlooked on this Government’s watch, but events between 2005 and 2007 did not take place under our watch—the Labour party was in government between 2005 and 2007. The allegations relate to activity between 2005 and 2007.

The hon. Lady’s first question was on what was done with the information. I almost feel like apologising to the House for going through this information in such excruciating detail. A total of 6,800 cases were looked at and it was discovered that there were a number of duplications within those data: they were not clean data. That left 3,600 and there has been a full investigation of more than 1,000 of them—the remainder appear to have no case to answer—and a settlement has been reached. As a consequence, £135 million has been raised for the Exchequer that would not previously have been raised. If we put that in the context of the very many other measures that this Government have taken to deal with the problem, we will see that it demonstrates a Government willing to address it.

Let me turn to Lord Green. He was a very successful trade Minister and there is no evidence to suggest that he was involved in or complicit with tax evasion activities. If we are talking about complicity and asking about what happened on someone’s watch, what about the City Minister at the time, the right hon. Member for Morley and Outwood (Ed Balls)? Sadly, he is not in the Chamber today. Indeed, let us look at the failure of the previous Government to address issues of tax evasion and tax avoidance. [Interruption.]

Stamp Duty Land Tax

Debate between Lindsay Hoyle and Shabana Mahmood

Thursday 4th December 2014 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. We need to be a bit careful here. We should not really be discussing the policies of the Opposition. The debate is about stamp duty. We have already had a difficult start, and I do not want things to get any more difficult.

[Shabana Mahmood]

Thank you, Mr Deputy Speaker. I would be happy to discuss those technical details with the Minister on another occasion when we would not fall out of order.

I reiterate that we expect our policy to raise the £1.2 billion that, according to the Chief Secretary to the Treasury, internal Treasury modelling has shown it could raise. We have seen nothing to change our assessment of those figures. As I was saying, the NHS is in dire straits. There is a crisis in accident and emergency, and it is getting harder to see a GP. This Government have made things worse with their £3 billion top-down reorganisation of the NHS. If that money was available at the beginning of this Parliament, it should have gone into front-line services. We therefore need an annual source of revenue to help to deal with those issues, and a tax on the highest-value homes—the so-called mansion tax—will help the next Labour Government to do that. As I said at the outset, we believe that the proposed changes to stamp duty represent a sensible measure, and they will have our support today and next week when the proposed legislation is formally brought forward.

Finance (No.2) Bill

Debate between Lindsay Hoyle and Shabana Mahmood

Tuesday 8th April 2014 Commons Chamber

[Shabana Mahmood (Birmingham, Ladywood) (Lab)]

I beg to move amendment 2, page 3, line 28, at end insert—

‘( ) The Chancellor of the Exchequer shall undertake a review, within six months of the passing of this Act, on the impact of an additional cut of one per cent to the main rate of Corporation Tax for financial year 2015-16, with particular reference to—

(a) the impact on businesses with fewer than 50 employees;

(b) the impact on investment by businesses with fewer than 50 employees; and

(c) alternative tax measures, including non-domestic rates, which would have a greater benefit for businesses with fewer than 50 employees.

( ) The Chancellor of the Exchequer must publish the report of the review and lay the report before the House.’.

This amendment would require the Chancellor of the Exchequer to publish a report on the impact of a cut of one per cent to main rate Corporation Tax on businesses, including small and medium sized enterprises (SMEs).

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

With this it will be convenient to consider:

Clauses 5 to 7 stand part.

That schedule 1 be the First schedule to the Bill.

[Shabana Mahmood]

Our amendment would require the Chancellor to publish a review of the impact of an additional cut of 1% to the main rate of corporation tax for 2015-16 with reference to the impact on businesses with fewer than 50 employees, their levels of investment and the impact of alternative tax measures such as a reduction in non-domestic rates—business rates—which we believe would have a greater impact on small and medium-sized enterprises, which tend to be businesses that have fewer employees and in the main occupy premises with a rateable value of less than £50,000.

Our amendment and our approach highlight the difference between us and the Government when it comes to business taxation. The Government have made a number of significant cuts to corporation tax. The main rate has been cut a number of times, and is due to be cut again from 21% to 20% next year. The main rate is paid by companies with profits of more than £1.5 million—about 40,000 or so businesses. The small profits rate is paid by companies with profits of under £300,000, and there is a marginal rate, which applies to companies with profits between £300,000 and £1.5 million.

The Government have announced cuts to the corporation tax rate in almost every fiscal event that we have had since 2010, with the rate falling from 28% in 2010 to 20% in 2015-16. This has brought the UK rate lower than most developed economies. As I said, the Government are planning another cut for April 2015 from 21% to 20%, at a cost of £400 million in 2015-16, rising to £785 million the following year, and £865 million the year after that. The cumulative corporation tax cut over this Parliament has been in the region of £10 billion. The Government’s central argument for cutting corporation tax is that a lower rate makes the UK more attractive as a destination for businesses to locate. They claim that a reduction in the main rate of corporation tax will reduce capital costs for businesses and promote higher levels of business investment.

Higher and Further Education

Debate between Lindsay Hoyle and Shabana Mahmood

Tuesday 11th September 2012 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I am sure that the hon. Gentleman wants to catch my eye and make a speech later rather than waste time now.

[Shabana Mahmood]

If the hon. Gentleman had not decided to patronise me at the beginning of his intervention, he might have had enough time to complete his mini-speech. I will move on later to the record drops we have seen in the number of applications, including from mature students, and the increase in the withdrawal rate for students who have been offered university places but decided not to take them, which stands in direct contrast to the rather more rosy picture he is trying to paint.

As I was saying, the Liberal Democrats went into the 2010 general election promising to scrap tuition fees altogether—we all remember that famous pledge—but they broke their promise, and the trust of those who voted for them, and betrayed the students whose votes they courted so assiduously ahead of the election. I wonder how many of them will rediscover their pre-election principles in the Lobbies tonight. Although the Conservatives are no doubt pleased that most of the anger surrounding the betrayal on tuition fees has focused on the Liberal Democrats, they too have form, having previously voted against a rise in tuition fees to £3,000.

--- Later in debate ---

[Shabana Mahmood]

No, I will not, because I must wrap up. Under our alternative package, the top 10% of earners—those with average incomes of £65,000 or more over their working lives—would pay more, but research from the House of Commons Library has shown that all other income groups would be better off under this package. Universities would receive funding to compensate them for the loss of income from lower fees and the package would be revenue-neutral. The important point is that the headline level of debt carried by students would be significantly lower and would avoid the harm to families and graduates that would be caused by the Government’s plans.

Tonight’s vote is the last opportunity before the new academic term begins for this House to force the Government to change course on their trebling of tuition fees and to give hope to future generations of students that we as a House are prepared to prioritise them and their future; that we will not abandon them; that we understand that we need to provide them with ladders of opportunity, not kick them away; and that we will do whatever we can to help them fulfil their aspirations. If they are allowed to succeed, we as a country will succeed, and I commend this motion to the House.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I warn Members that I will have to introduce a seven-minute limit on speeches, and that that will have to go down later on, due to the amount of time that we have.

Points of Order

Debate between Lindsay Hoyle and Shabana Mahmood

Monday 30th April 2012 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

The point has been made and is certainly on the record. If the hon. Lady is unhappy, perhaps it would be an idea for her to write to the Speaker with her views.

[Shabana Mahmood (Birmingham, Ladywood) (Lab)]

On a point of order, Mr Deputy Speaker. Last Friday, the Department for Business, Innovation and Skills announced the Government’s plans for student number controls to be applied to higher education institutions for the academic year 2013-14. The announcement was made in a press release on the Department’s website. This is the second time that the Government have not brought an announcement on student number controls to the House first. In addition, the Department has not yet provided a response to the consultation on student number controls following the publication of the White Paper last summer. Will you advise me, Mr Deputy Speaker, on how we can ensure that such important decisions, which have far-reaching consequences for higher education institutions and students alike, are made in the House first, and subject to full parliamentary scrutiny?

[Mr Deputy Speaker]

Mr Speaker has a strong view and opinion on the subject. He believes that this House should hear announcements through oral or written statements. Of course, the point is now on the record.