Oral Answers to Questions

Shabana Mahmood Excerpts

Tuesday 10th December 2024 Commons Chamber

[Joe Robertson (Isle of Wight East) (Con)]

11. What steps her Department is taking to help tackle hyper-prolific offenders.

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

We know that prolific offenders represent only 10% of offenders but account for nearly 50% of all sentences. That clearly cannot continue, which is why I have specifically asked David Gauke to look at this issue in the independent sentencing review, to ensure that we have fewer crimes committed by prolific criminals.

[Sir Ashley Fox]

I am grateful to the Lord Chancellor for her answer. Can she tell the House what data her Department holds on the nationality of prolific offenders, and what steps she will take to deport those who are non-British?

[Shabana Mahmood]

The hon. Member will know that we retain data on foreign national offenders, and this Government are on track to remove more foreign national offenders this year than in the previous year. I obviously want to make further progress on this issue, and I hope that there will be consensus across the House so that we remove those who commit crimes in this country and who have no right to be here.

[Joe Robertson]

The Government’s early release scheme has an impact assessment for it to run for 10 years. For however long it does run, will the Government confirm that no prolific offenders will be released early?

[Shabana Mahmood]

The impact assessment is done over the usual period of time, but I have committed to review the policy 18 months from the moment it was brought in, which is a commitment that we will keep. I recognise that we have a problem with prolific offending. It has gone up over the last decade or so, which is why I have specifically asked the sentencing review panel to consider the interventions that we should make to cut the cycle of prolific offending.

[Mr Jonathan Brash (Hartlepool) (Lab)]

Retail workers in my constituency tell me that they can predict, almost to the week, when somebody will arrive at their store to begin shoplifting again after their oftentimes all-too-short sentence. Does my right hon. Friend agree with them that the solution to hyper-prolific offending must be longer sentences in certain cases?

[Shabana Mahmood]

The length of sentences, and how to deal with the problem of prolific offending, will be looked at specifically by the independent sentencing review panel. My hon. Friend will understand why I cannot pre-empt the findings of that review, but he will note that this Government are committed to scrapping the effective immunity for some shoplifting, which was introduced by the previous Conservative Government, by removing the £200 threshold. That shows that we are determined to clamp down on the sort of shoplifting he describes.

[Mr Speaker]

I call the shadow Minister.

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

We know that one of the key ways in which we manage prolific offenders is through tagging—both GPS tagging and home detention tagging. The Secretary of State has assured us that the problems with early release tagging have now been resolved, but I understand that problems persist for thousands of other prisoners who are due to be tagged. Can she assure the public that everyone who is being released, and who should be getting a tag, is being tagged on time?

[Shabana Mahmood]

Yes. The specific problem that the hon. Gentleman refers to, which relates to Serco’s performance and the two tranches of SDS40 releases, has now been resolved. The backlog has been cleared, and Serco’s performance is now back to where it should be. Of course, we will continue to monitor Serco’s overall performance and keep the contract under regular review.

[Dr Mullan]

The House will have heard that the Secretary of State did not answer my question. I acknowledge that the problems with the early release scheme have been tackled, but I am told by many people working in the criminal justice sector that there are many other delays with the thousands of other prisoners who are due to be tagged. Again, can she assure the House that the thousands of prisoners who are due to be tagged are being tagged on time?

[Shabana Mahmood]

Yes. There are no additional issues in relation to tagging or the process by which the tagging takes place with Serco, but where there is contract failure by Serco, we will not hesitate to take action. We have already imposed financial penalties for the things that went wrong with the SDS40 releases, and we will keep this issue under regular review. The Prisons Minister in the other place discusses these matters directly with Serco on a regular basis, as do my officials, and we will continue to monitor the situation.

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[Patrick Spencer (Central Suffolk and North Ipswich) (Con)]

9. What steps her Department is taking to increase prison capacity.

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

We took immediate action to prevent the collapse of the prison system by changing the automatic release point for standard determinate sentences. We are building 14,000 new prison places and we will publish our 10-year capacity strategy shortly, which will set out exactly where and by when we will get the places that we need. The previous Government left prisons in crisis. We will fix them for good with that capacity strategy and the independent review of sentencing.

[Patrick Spencer]

I welcome what this Government are doing to increase prison capacity, but what will the Secretary of State do on tougher sentencing? If she goes to my constituency of Central Suffolk and North Ipswich, she will be met with a tough, gruff East Anglian accent that says, “What’s the point of building prison places if you are not going to use them?”

[Shabana Mahmood]

I am sure the hon. Member’s constituents will also recognise that, even with the new supply that we are building, we will still run out of prison places, as the demand in the system is much greater than the building planned. We simply cannot build our way out of this problem, so to make sure that there is always a prison place for the people who need to be locked up and that we never run out of prison places again, we need an independent review of sentencing.

[Robert Jenrick (Newark) (Con)]

The Lady Chief Justice has said that the courts are not operating at full capacity, perpetuating the record numbers in prison on remand, awaiting trial. There could be an extra 6,500 sitting days if the Government allowed them. Cases such as rape and sexual assault are being pushed into 2027. Baroness Carr warned the Justice Secretary that failure to maximise judicial capacity would actually cost the Government more in costly and limited prison places, yet the Justice Secretary failed to agree to her request. Why are the Government letting out criminals rather than hearing more cases?

[Shabana Mahmood]

I am tempted to remind the shadow Minister about his own Government’s track record. He ought to know that it was my predecessor, his colleague, the former Lord Chancellor who agreed the allocation of sitting days with the Lady Chief Justice and that that concordat agreement was concluded during the election period when the Tories were still conducting business. When the right hon. Gentleman responds, perhaps he would like to explain why the allocation was made for only 106,000 sitting days. What I have done is increase sitting days by a further 500 and increase magistrate courts’ sentencing powers, which is the equivalent of an additional 2,000 Crown court sitting days, in order to start cracking down on that backlog.

[Robert Jenrick]

Instead of increasing sitting hours, the Justice Secretary’s defining intervention in her five months in office has been to accidentally let out dangerous criminals from our prisons. Just last week, she rushed to Parliament to close loopholes that she created for stalking, for disclosing private sexual images and for murder. She could be signing deals with other countries to get new prisoner transport agreements. She could be using visa sanctions with foreign countries to force them to take back the 10,000 foreign criminals in our prisons. She is not doing so. Meanwhile, criminals are being released and are reoffending already. Will the Justice Secretary commit now to ending her dangerous and unnecessary early release scheme?

[Shabana Mahmood]

The shadow Minister could at least have apologised to the country for being part of a Government and a party that ran out of prison places. It was the Tory party that ran the system at boiling hot—at over 99% capacity. I hate to remind him, but for months before the previous election, the Tory party operated its own emergency release scheme, which did not have any exclusions for offences connected to domestic abuse. I will take no lessons from him, as it is this Government who are cleaning up the mess that his party left behind.

[Luke Myer (Middlesbrough South and East Cleveland) (Lab)]

10. What steps her Department is taking to reduce the backlog of Crown court cases.

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[Sir Edward Leigh (Gainsborough) (Con)]

14. What recent assessment she has made of the effectiveness of the early release scheme.

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

SDS40—the standard determinate sentences early release scheme—was an emergency measure that we had to take to avert the complete collapse of the criminal justice system following the shocking inheritance left to us by the previous Government. The emergency measure is not, of course, the solution to the crisis that we inherited. That is why we will build the 14,000 prison places that we need, and have launched the independent review of sentencing.

[Sir Edward Leigh]

What concerns me is not the past but the future and how to protect the public. Will the Secretary of State assure me that the screening process is sufficiently robust to ensure that violent and dangerous criminals are not released into the community?

[Shabana Mahmood]

I gently say to the right hon. Gentleman that the past is relevant in so far as it sets the context for the crisis that we have inherited, which needs resolving. Given that we all but ran out of prison places—numbers had fallen to fewer than 100 in the summer—it is important that we recognise that the prison system is and has been on the point of collapse. That is why we had to take emergency measures. We have made exclusions to the SDS40 scheme that should take account of his concerns. It is of course important that offenders are monitored and supervised effectively when they are not in prison, and that is what we are trying to do now. Tech can play a bigger role there, and I have asked the independent review into sentencing to look into that.

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Shabana Mahmood]

The hon. Gentleman is right to note that, under current legislation, it is possible to exclude only offences, rather than classes of offender. I am sure that his Bill will gain some interest across the House. If any such changes were to be made, they would be for the future, as they do not help us with the current crisis. I will ensure to discuss the details of his Bill with the Home Secretary.

[Josh Babarinde]

I thank the Secretary of State for that answer—I hope to have the chance to meet her to discuss it in more detail. The Liberal Democrats are deeply concerned about survivors who have been told that, as it stands, their abuser is set to be released early. One such survivor is Elizabeth Hudson, who I met on the set of “Good Morning Britain” today when launching this campaign. She has written to Ministers about her concerns, but says that she has not received a response. Will the Secretary of State meet Elizabeth and me to discuss her case and how survivors can be respected and protected?

[Shabana Mahmood]

I believe that all who have written have received a response from the Ministry, but I will chase down that specific case. The way we implemented the policy meant that we were able to give the Probation Service time to prepare which was not available to it under the previous Tory Government’s end of custody supervised licence scheme. That means that all victims who were supposed to be notified under the victim contact scheme have been notified.

[Olly Glover (Didcot and Wantage) (LD)]

16. What discussions she has had with the chief coroner on reporting sudden unexpected death in epilepsy.

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[Antonia Bance (Tipton and Wednesbury) (Lab)]

T1. If she will make a statement on her departmental responsibilities.

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

Last week, the National Audit Office released a damning report on the previous Government’s record on prison building, showing that their promise of 20,000 prison places by the mid-2020s was hollow. Unwilling to face down opposition on their own Back Benches, the last Government dithered and delayed, ultimately building less than a third of the cells they promised. As a result, they left our prisons overcrowded and at the point of collapse. Later this week, I will set out in my 10-year capacity strategy a realistic plan for building the 14,000 prison places that we need, and I will ensure that our prisons are never left at the point of collapse again.

[Antonia Bance]

I thank the Justice Secretary for that answer. In common with many Members of the House, I have heard horrific stories of perpetrators breaching orders to which they are subject, giving them further opportunity to terrorise, injure, or in some cases kill women protected by those orders—may Harshita Brella and so many others rest in peace. What action is the Justice Secretary taking to assess and improve the effectiveness of civil orders in safeguarding survivors of domestic abuse?

[Shabana Mahmood]

My hon. Friend will know that this Government have launched a pilot of domestic abuse protection orders in a number of areas, which will bring together the strongest possible protections for victims in other existing protective orders into a single order. Breaching such orders will be a criminal offence punishable by up to five years in prison, and unlike other orders, there will be no maximum duration.

[Mr Speaker]

I call the shadow Secretary of State.

[Robert Jenrick (Newark) (Con)]

In London, there is a phone theft epidemic, and this time it is not the former Transport Secretary on the loose. Last year, more than 64,000 mobile phones were reported to the police as stolen in the capital alone. The small number of individuals responsible should be locked up for a long time, yet last month, a criminal who used a motorbike to steal 24 phones an hour was jailed for just two years. Enough is enough, so will the Justice Secretary commit to dramatically increasing sentences for career criminals, get them off our streets and slash crime?

[Shabana Mahmood]

Where was the shadow Secretary of State over the past 14 years when the theft epidemic began? Again, given the scale of his party’s general election defeat, some humility is usually required—perhaps even an apology to the British public—before he and others can earn the right to be heard again. He is right about the issues with mobile phone theft, and the Home Office and the Home Secretary in particular are meeting with tech companies to talk about how we can break the business model of those criminals.

[Robert Jenrick]

Cousin marriage has absolutely no place in Britain. The medical evidence is overwhelming that it significantly increases the risk of birth defects, and the moral case is clear in that we see hundreds of exploitative marriages that ruin lives. Frankly, it should have been stamped out a long time ago. Will the Justice Secretary commit to ending this medieval practice, which is rearing its head once again in modern Britain?

[Shabana Mahmood]

The right hon. Member will know that there has been a recent Law Commission report on marriage law more generally. The Government are going to consult on broader reform of marriage law, and we will certainly consider the issues that he has raised before setting out a public position.

[Dave Robertson (Lichfield) (Lab)]

T2. Many of my constituents work at HMP Swinfen Hall in Staffordshire, although the boundary changes took it out of my constituency recently. Many of the prison officers I speak to there are concerned about retention at the start of their careers, getting into more experienced roles and ensuring that such experience is retained. Can the Minister reassure me about the steps being taken to encourage retention of experienced members of staff?

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[Shaun Davies (Telford) (Lab)]

T4. What are the Government doing to ensure that offenders are managed effectively in the community, and how will the Secretary of State use offender monitoring technology to improve the efficiency of the Probation Service in keeping the public safe? I particularly welcome the steps taken with technology on exclusion zones and monitoring alcohol and drugs in the human body.

[Shabana Mahmood]

I thank my hon. Friend. Tagging technology can monitor offenders effectively in the community. We have tags that monitor curfews and exclusion zones, tags to impose home detention—in effect, the equivalent of house arrest—and sobriety tags with a 97% compliance rate. We are currently looking at expanding the use of technology to improve productivity in the Probation Service. We will also fund an additional 5,000 new tags to expand the use of tech outside prison.

[Nick Timothy (West Suffolk) (Con)]

T8. One in 50 Albanians in Britain is in jail, and foreign nationals such as Jamaicans, Iraqis and Somalis are also disproportionately likely to be criminals. We need better data to inform immigration, asylum and criminal justice policies. Will the Government publish the nationality, visa and asylum status of all offenders in prison—if yes, can we have a timeline, and if not, can we have a good reason why not?

[Shabana Mahmood]

We are currently using a data collection and publication approach inherited from the previous Conservative Government—probably from the hon. Member’s time as an adviser to the former Home Secretary and Prime Minister—but I will continue to monitor the data that we collect and publish. We are committed to ensuring that we deport foreign national offenders, and are on track to deport more this year than were deported in the previous year. We will make more progress in that respect.

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[Rosie Duffield (Canterbury) (Ind)]

T9. Elizabeth Fry first began her work to create sex-specific prison facilities for women in 1813, with the primary aim of protecting female prisoners from rape, and the Gaols Act 1823 put this into statute. Yet 200 years later, Fry’s legacy is being betrayed as girls and women continue to be housed with boys and men. One such example is Wetherby. Does the Secretary of State agree with me and the Women’s Rights Network that Susannah Hancock’s work on this is urgently needed, and can she give any indication of when Susannah will conclude her review?

[Shabana Mahmood]

There are no girls currently in Wetherby. We have not changed and will not be changing the policy we inherited from the previous Government in relation to single-sex spaces and the prison system; that policy will remain as it has been. The women’s justice board will consider the issues that relate to female offenders across the women’s estate.

[Charlotte Nichols (Warrington North) (Lab)]

T6. The criminal injuries compensation scheme is a vitally important part of the justice system but among the gaps in the framework we inherited is interim support for victims of crime under 18 before they can access their award. This is profoundly affecting three of my young constituents who were victims of rape, and their families, in dealing with the consequences. Will the Secretary of State meet me to discuss how we can do more for child victims of the most serious offending and ensure the Criminal Injuries Compensation Authority is fit for purpose?

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[Alex Baker (Aldershot) (Lab)]

T7. Two weeks ago I visited Currys in Farnborough Gate after its staff suffered yet another horrifying steaming attack. A gang of six men stormed into the store, destroyed and stole products and terrified customers. How will the sentencing review contribute towards cracking down on this appalling behaviour trend?

[Shabana Mahmood]

The independent sentencing review will be making recommendations to ensure that our sentencing legislation and framework is fit for purpose and that we always have prison places for those who need to be locked up, so that our prisons create better citizens out of criminals and we can expand the use of punishment outside prison. I will not get ahead of what that review might recommend but it will look at all those issues in the round.

[Mr Gregory Campbell (East Londonderry) (DUP)]

The smuggling of illegal drugs into prisons has been a problem for many years. The last Government spent over £100 million trying to deal with the issue; what plans do the current Government have to try to comprehensively deal with it?

[Shabana Mahmood]

The hon. Gentleman is right: drugs are rife in too many of our prisons and that problem has been very difficult to challenge, both for the previous Government and no doubt for us as well. We have to crack down on the supply of drugs into our prisons, which is why we are expanding the use of no-fly zones. The hon. Gentleman will know that scanners have already been used, but hardened criminals are increasingly moving on to using drones instead. We will crack down on supply but we also need to look at demand and getting more of our prisoners off drugs while they are in prison.

[Michelle Welsh (Sherwood Forest) (Lab)]

The current court backlog across England is an indictment of the previous Government, with almost 1,800 cases in Nottinghamshire alone. Rape victims are waiting on average over a year to have their case brought to trial, if it gets that far. What is the Department doing to prioritise these cases and restore faith in the criminal justice system for victims of rape and serious sexual offences?

[Bradley Thomas (Bromsgrove) (Con)]

To boost public confidence in the criminal justice system, can the Minister confirm that the Government will not resort to increased dependency on community sentences, many of which are unserved?

[Shabana Mahmood]

As the hon. Gentleman will have heard me say many times, we have brought forward an independent sentencing review to look at the issues of sentencing in the round to ensure that we are never again in the position where we are about to run out of prison places and cannot lock up those who must be locked up for reasons of public protection. The review will also make recommendations on how prisoner rehabilitation can help people turn their lives around and, more importantly, cut the number of victims that would result from reoffending.

[Luke Murphy (Basingstoke) (Lab)]

Last month in Basingstoke, three women were victims of spiking while on nights out. That appalling crime robs individuals of their autonomy, puts lives at risk and leaves women feeling unsafe. Victims, including Skylar, Laura and Jade, have highlighted serious gaps in the awareness of and response to spiking, so I welcome the Government’s pledge to make spiking a specific criminal offence and to train thousands of night-time economy staff. Will the Minister update the House on how the proposed measures will be implemented to prevent further incidents in towns such as Basingstoke?

[Iqbal Mohamed (Dewsbury and Batley) (Ind)]

Nearly 3,000 prisoners are still incarcerated under imprisonment for public protection sentences, which were abolished more than 12 years ago, many for offences not intended to be covered by such sentences. Will the Justice Secretary commit to expediting the Government plans to re-sentence all prisoners still stuck on indefinite IPP sentences to free up limited prison capacity?

[Shabana Mahmood]

First, the last Conservative Government were right to abolish the IPP sentencing regime, but that has left us with a cohort within our prison system who are still serving these sentences. I am determined to make more progress in ensuring that, when safe to do so, more of those individuals can come out of prison, but I will not do so in a way that compromises public protection, as some of these individuals pose a real risk to the public. I will not conduct a re-sentencing exercise, because that would have the effect of releasing everyone immediately, but we will make progress on getting more people properly rehabilitated and out of prison.

[Brian Leishman (Alloa and Grangemouth) (Lab)]

Section 127 of the Criminal Justice and Public Order Act 1994 bans prison officers from taking industrial action and limits trade unions’ ability to protect prison officers from attacks on their terms and conditions and wages. Thankfully, these fundamental trade union rights have been reinstated for prison officers in Scotland. Does the Secretary of State agree that it is time for section 127 to change so that workers’ rights are fully restored for prison officers in the rest of the UK?

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[Harpreet Uppal (Huddersfield) (Lab)]

I welcome the Secretary of State’s approach in recognising that we cannot continue as we have done. She will know that county lines are having an impact in towns and cities across the country, with a particularly devastating impact on children. Can she outline the options that the sentencing review might explore to effectively disrupt the criminal networks and protect vulnerable young people?

[Shabana Mahmood]

The sentencing review will primarily look at the sentencing framework and how we treat different cohorts of offenders within that. It will consider drug crime, too, but on the specific issue of county lines, I will ensure that my hon. Friend gets a response from the Home Office.

[Jim Shannon (Strangford) (DUP)]

Only a couple of days ago, a prisoner was let out under the Government’s early release scheme. He was wanted for removing his GPS tag. What assessment has been made on the reoffending rates so far since the start of the scheme?

[Shabana Mahmood]

Anybody who breaches their licence conditions can be recalled immediately to prison. If somebody removes their tag, they can and will be recalled. We have not seen higher than normal rates of recall under the SDS40 scheme, and we have not changed our projections on prison capacity.

[Mr Speaker]

I call the Chair of the Justice Committee.