Prison Capacity Strategy

Neil O'Brien Excerpts

Thursday 12th December 2024 Commons Chamber

[Alex Davies-Jones]

I could not agree more. The Labour party is being honest with the public about the situation that we inherited. We are publishing our plan to be transparent about how we will deliver, and we will commit to doing that annually to ensure that the public are never again left in the dark about the state of our prisons.

[Neil O’Brien (Harborough, Oadby and Wigston) (Con)]

Since this Government introduced their early release policy, we have seen criminals who should be in jail out on the streets enjoying themselves with champagne, with one even thanking the Prime Minister personally. Instead of letting those dangerous people out of jail, it would be much better to sort out the remand backlog and the increase of 7,000 in the number of prison places taken up by people on remand. Instead, the Government are capping the number of sitting days. The Minister says that the number of sitting days is adequate. At what point will the number of prisoners in our jails waiting on remand be returned to the pre-pandemic level? What is the date by which that will be achieved?

[Alex Davies-Jones]

I have outlined the actions we are taking to tackle the remand population in our prisons. We are dealing with the inheritance that we received from the previous Government. We have increased Crown court sitting days and increased sentencing powers for our magistrates courts. We will publish our plans in due course, and we are being transparent with the House. The Lord Chancellor will be in front of the Justice Committee next week, and I am sure she will be happy to answer those questions then.

Terminally Ill Adults (End of Life) Bill

Neil O'Brien Excerpts

2nd reading
Friday 29th November 2024 Commons Chamber

[Mr James Frith (Bury North) (Lab)]

The Bill asks us to make a profound and irreversible decision on the principles of our health service and end of life care. With end of life care funded too often on a shoestring for many, the Bill takes our focus to ending life, not improving living as life draws to a close with terminal illness. I believe it poses significant risks. Our wider societal and cultural norms will be changed forever. Those who refuse to acknowledge that prospect now do so with the benefit of things as they are now. My point is that this concept changes immediately today if this Bill is passed.

The safeguards may sound rigorous on paper, but the strained state of our NHS means that many patients do not have a consistent relationship with a named doctor. We are attributed to health centres nowadays, not named doctors. Someone’s consideration of this decision could depend on which doctor they see—one who raises assisted dying as an option, versus one who refuses. That is a deeply troubling prospect. The ideation of assisted dying will become a ballot. We know our GPs have a range of views on assisted dying, so we cannot deny that who someone ends up seeing with their terminal illness might be how they end up. That could be at the doctor’s, possibly in the presence of a loved one who is under strain and in need of respite themselves, and the first suggestion is the beginning of a journey towards, yes, assisted dying. That is before we consider the forces of marketing and commercialisation, and the industry that will spring up if the Bill proceeds and is sewn into our NHS.

[Neil O'Brien (Harborough, Oadby and Wigston) (Con)]

Will the hon. Gentleman give way?

[Mr Frith]

No, I will not.

It is possible that we cannot imagine being the victim of coercion, or that as MPs our agency is so baked in to our experiences of living, that we cannot envisage a scenario where those who already claim to feel unseen are directed towards meeting their end sooner than it otherwise might have been. Our casework from constituents is already full of people struggling to access the rights that we have enshrined in law—access to justice, health, education support, the disaster in our special educational needs system—and of victims often of state neglect or state coercion, and the failure of safeguards that were once supported on paper and passed into law.

Disability rights groups and advocates have raised their voices, wanting us to talk about the dangers of normalising assisted dying. For many the Bill represents not a choice but a principle shift that undermines the value we place on protecting the vulnerable. It falls to us as the strongest to stand up and vote against the Bill. Passing the Bill today will not improve palliative and hospice care. My belief is that it will forfeit it. The end of life is complicated; end of life care often is not complicated enough. On reflection, my mother-in-law deserved a frank, trusted conversation about the risk of secondary illnesses and amputation that would follow with the automatic cancer treatment that she was given in her final months of life. We should expect more agility from our NHS, and while dying is the ultimate binary experience, end of life care should be more sophisticated and more personalised. Shortening those expectations with a system that endorses assisted dying would forfeit that too.

Finally, as legislators our responsibility is to protect the most vulnerable and consider all eventualities. We disagree on slippery slope arguments, but if the Bill proceeds it will be a moment of no return, and that is why I am not prepared to support it.

--- Later in debate ---

[Mr Peter Bedford (Mid Leicestershire) (Con)]

This is a humbling subject to speak about. I put on the record my thanks to the hon. Member for Spen Valley (Kim Leadbeater) for bringing this important issue before the House.

I have witnessed at first hand the cruelty that a terminal diagnosis brings. As the son of a single mother, my grandparents were like second parents to me. Each struggled with their own incurable cancer diagnosis. At Christmas dinner in 2019, my nan, who could no longer eat and was clearly in a great deal of pain, turned to me and said she was “ready to go”. “It’s time now,” she added. That night, I reflected on how, as a society, we shy away from discussing death. We park it away and prioritise more immediate, palatable subjects, but it impacts members of our communities day in, day out— from terminal diagnoses to medical treatment and, ultimately, their final days. This really matters to me.

In my maiden speech, I pledged to campaign for people to have greater control in their final days and to afford those with terminal diagnoses the right to end their lives in dignity. This is not an argument against palliative care—some wonderful Macmillan nurses made my nan’s final months as comfortable as possible, and I absolutely agree with the many Members who have raised the issue today that we need to do more to support our palliative care sector—but good palliative care and a dignified end of life are not mutually exclusive.

Nor do I seek to control those who have strong religious beliefs. Those who believe that only God can take life have the complete freedom to wait for that moment. But that is their choice. [Interruption.] I am not taking any interventions. Many have legitimate concerns about safeguarding. Of course, the most vulnerable should not be coerced into making a decision. However, this Bill introduces specific offences for this. Indeed, combined with sign-off by two independent doctors, judicial oversight and a period of reflection, this means there would be robust mechanisms to protect the most vulnerable.

[Neil O’Brien]

Will my hon. Friend give way?

[Mr Bedford]

I am not giving way.

These details are vital, but so is our humanity. Being with my nan in the warmth of her home, as she was surrounded by her loving family after months of excruciating pain and no hope, I knew there and then that she should be able to choose her time to say goodbye to her family. Like so many others, she had had enough. An understanding and compassionate society should not stand in the way of her right to choose.

Members can see the profound impact this has had on me and my belief in the importance of end of life care and choice. It has enabled me to understand a crucial distinction at the heart of this emotive debate. This is not about shortening life; it is about shortening death.

I urge those Members who support the principle of this Bill, but who are concerned about the specifics of the safeguards, to support it on Second Reading. Further debate can be had in Committee, if hon. Members feel that changes are required. This Bill provides the choice to shorten death, which is a right that an empathetic and considerate society should afford its citizens.

--- Later in debate ---

[Saqib Bhatti (Meriden and Solihull East) (Con)]

I acknowledge the importance of this debate and thank the hon. Member for Spen Valley (Kim Leadbeater) for bringing it forward. Although I will be voting against the Bill, I still think this is an important discussion to have, not least because many of my constituents believe that it is the right thing to do. Of course, there are also many who feel that it is not the right thing to do. We have shown the very best of what Parliament can do here today.

I came to my conclusion not because of some sort of zealotry or evangelism. I completely acknowledge that there are people who go through very difficult situations where they lose their normal faculties and are in immense pain. However, we need to be clear about what we are discussing today: we are talking about wholesale change to how the state deals with death. That is really important. The Bill would place people, society and the medical profession in a number of scenarios, and put at great risk some of our most vulnerable people. That is part of the reason I will vote against it today.

The slippery slope arguments are valid in terms of the risk the legislation produces. We are talking about medicalising death, placing an undue burden on our health professionals and legitimising a role for the state in the death process.

[Neil O’Brien]

Will my hon. Friend give way?

[Saqib Bhatti]

I will not give way at this moment.

I have yet to be convinced that the legislation has sufficient safeguards in place. On slippery slopes, take Canada as an example: there, someone does not even have to have a terminal or fatal illness now; mental illness will be an acceptable reason for assisted suicide in 2027. Even though it did not start that way in Canada, that Pandora’s box has clearly been opened, and we risk embarking on that route today. The hon. Member for Spen Valley has said that there is almost a guarantee that this situation will not change, but she cannot guarantee that future Parliaments will not change the goalposts on this matter. The slippery slope argument is about exactly that: when we embark on this journey, that is where we may end up, as the goalposts start to move.

I am conscious of time, so I will end my comments shortly. We have had lots of conversation about the private Members’ Bills process, and the hon. Lady cannot guarantee that there will be sufficient scrutiny and safeguards. We have not had enough impact assessments or public consultation, and there has been very limited time to look at this piece of legislation. We are at serious risk of passing something that will do immense harm. I worry that in the future we will look back at this, after there has been abuse or coercion of some of the most vulnerable people, and we will come back to the House to discuss the damage that we have caused today.

Oral Answers to Questions

Neil O'Brien Excerpts

Tuesday 10th September 2024 Commons Chamber

[Shabana Mahmood]

I would happily give way to anybody on the Opposition Benches if they would like to take up the invitation to offer an apology, but I do not think one will be forthcoming. I certainly do think that one is required given the state of the prison system that we have inherited, but it is our job to make sure that that never happens again. That is why we will be launching a review into how the current position was allowed to come to pass. The Conservative party ignored all the warnings, putting political gain ahead of the country’s best interests, and it will fall to this Government to fix it.

[Neil O’Brien (Harborough, Oadby and Wigston) (Con)]

The Government have rightly found prison places for those involved in the recent disorder, but they have done that by continuing their early release policy. Will the Secretary of State confirm that those guilty of manslaughter are among those able to get early release, and will she explain to the House why people guilty of manslaughter should be released early?

[Shabana Mahmood]

I think the hon. Member is guilty of wilful ignorance. He will know full well that the prison system that we inherited was on the point of collapse. The fact that some prison build that was already in course was able to be brought on line a little earlier to help us get over the crisis of the summer is testament to the people working at the frontline to make sure that those prison spaces were available, but we are still short of prison capacity. Prisons are still at over 99% capacity, and that is the legacy left by his Government. He will know that we have important exclusions to the SDS40 policy, and he will know that the offence and the sentence are both taken into account. I will not give a running commentary on exactly which sentences and which offenders are affected, but he knows what exclusions are in place.