Prison Workforce and Judiciary Pay Awards

Shabana Mahmood Excerpts

Monday 29th July 2024 Written Statements

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

I am today confirming the Government’s decision on pay awards for both prison staff and the judiciary.

Prison Service Pay Award 2024-25

Having carefully considered the 14 recommendations made by the Prison Service Pay Review Body for the 2024-25 pay award, I can announce that we are accepting in full the recommendations made by the PSPRB for all staff within its remit.

All Prison Service staff play a vital role in helping to rehabilitate prisoners and keep the public safe. I am grateful for their hard work and dedication. Acceptance of these recommendations reflects our priorities in ensuring the recruitment and retention of Prison Service staff to deliver this essential frontline service, and recognises the valuable service they deliver every day.

The award will deliver a pay rise of at least a 5% base pay increase for all prison staff between operational support grade and governors (bands 2-11), with a targeted focus on the lowest paid.

The award delivers headline pay increases of:

5% for prison officer grades (bands 3-5)

5% for managerial and prison governor grades (bands 7-12)

5% increase for operational support grades (band 2), in addition to the national living wage increase that band 2 staff received from 1 April 2024.

This pay award will be paid this autumn and will be backdated to 1 April 2024.

This Government value the vital contribution the almost 6 million public sector workers make across the UK, delivering the public services we all rely upon. Making this pay award will help to stabilise our Prison Service and ensure it can recruit and retain the staff it needs. It recognises the unwavering dedication of our prison staff, who have continued to protect the public amid the current prison capacity crisis.

I would like to thank the PSPRB for its valuable advice and response to the Government’s evidence.

The report has been laid before Parliament today. I am grateful to the chair and members of the review body for their report.

Judicial Pay Award 2024-25

I am today announcing my decision on pay for the judiciary.

The Government received the Senior Salaries Review Body report on 17 June 2024. This will be presented to Parliament and published on gov.uk.

The SSRB’s expertise and independent advice is invaluable in reaching a fair judicial pay award which reflects the judiciary’s crucial role at the heart of the justice system. However, the Government must take a balanced view, giving adequate consideration to fiscal responsibility. I have carefully considered the SSRB’s advice in making my decision.

The SSRB recommended a pay award of 6% for all judicial office holders within the remit group for 2024-25. I have decided to accept this recommendation in full. It will be applied equally to all judicial office holders for whom I have responsibility and will be backdated to April 2024.

I recognise the SSRB’s concerns regarding persistent recruitment and retention issues affecting parts of the judiciary. I look forward to working alongside the judiciary to understand how we can start to address these shortfalls through system-wide reforms.

I hope this increase demonstrates the value that I and the Government place on our independent judiciary and their unwavering commitment to the delivery of justice and the rule of law.

[HCWS38]

Criminal Law

Shabana Mahmood Excerpts

Thursday 25th July 2024 Commons Chamber

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

I beg to move,

That the draft Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024, which was laid before this House on 17 July, be approved.

Following my announcement on Friday 12 July and an oral statement to the House last Thursday, Members will know that our prisons are in crisis. The male prison estate has been running at around 99% capacity for 18 months. We now know that my predecessor warned 10 Downing Street of the perils of inaction, but rather than addressing the crisis, the former Prime Minister called an election and left us a time bomb, ticking away.

If we do not act now, and that bomb goes off, our prisons will reach full capacity and the justice system will grind to a halt. The courts would have to stop holding trials and the police would be unable to make arrests. With criminals free to act without consequence, the public would be put at risk. If we do not act now, this nightmare will become reality by September.

We have explored all the options available to us. In the precious little time we have, we cannot build more prisons or add more prison blocks, and we cannot fit out an existing site to make it secure enough to hold offenders. Although we are deporting foreign national offenders as fast as legally possible, we cannot do so quickly enough to address the crisis. Although we must make progress on the remand population—those who are in prison while they await trial—such measures take time we do not have. That has left us with only one option to avert disaster.

The statutory instrument that we are considering today will change the law so that prisoners serving eligible standard determinate sentences will have their automatic release point adjusted to 40% rather than 50% of their sentence. That will mean that around 5,500 offenders will be released, in two tranches, in September and October. They will leave prison a few weeks or months early, to serve the rest of their sentence under strict licence conditions in the community. Thereafter, all qualifying sentences will continue to be subject to the new 40% release point.

Let me turn now to the detail of this legislation, the sentences that qualify for this measure, and those that do not. First, this change applies to both male and female offenders. This is a legal necessity and addresses the pressure in both the male and female prison estate. Although this measure does not apply to those serving in the youth estate, where capacity pressures are less acute, it does apply to a few individuals serving sentences under section 250 of the Sentencing Act 2020. Most of those serving these sentences are serving long terms that are excluded from the measure, as I will go on to explain. However, a few are in scope, and are included because they are likely to end their term in the adult estate.

The provision also includes those on a detention in a young offenders institution, and 18 to 20 year-olds who are held in adult prisons. As such, both contribute to the capacity crisis. As the measure must balance addressing the crisis in our prisons alongside the need to protect the public, certain sentences will be excluded. The worst violent and sexual crimes, which are subject to a 67% release, will not be eligible. Neither will violent offences subject to a sentence of four years or more under part 1 of schedule 15 to the Criminal Justice Act 2003. Sexual offences will be excluded, including offences related to child sexual abuse and grooming. We will exclude a series of offences linked to domestic abuse, including stalking, controlling or coercive behaviour and non-fatal strangulation.

National security offences under the Official Secrets Acts and National Security Act 2023, and offences determined to have been carried out for a foreign power, will also be excluded, as will serious terrorism offences and terrorism-connected offences, which remain subject to a 67% release at the Parole Board’s discretion. So too will terrorism offences, which are currently subject to a 50% release.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for her statement. I clearly understand the Government’s predicament and the reason for bringing forward these legislative changes, but one matter that I and other elected representatives in this House have had to deal with in recent years is the predicament that victims face of meeting the perpetrator of a crime out on the streets, which brings back enormous trauma. I welcome what the Minister says about some conditions taking precedence in relation to those being released, but can she reassure the victims who are worried about what is happening? We need to have that reassurance on the record in this House. Madam Deputy Speaker, those people are worried and they want to be reassured.

[Shabana Mahmood]

I thank the hon. Gentleman for his intervention. He raises an incredibly important matter. I have had the feelings of victims very much in my mind as I have been forced to make this decision. Nothing in relation to the victim notification scheme or the victim contact scheme will change as a result of these measures. All the usual arrangements will apply and I shall detail some of those a little later in my speech.

Returning to the offences that are excluded, in each case we have excluded specific offences, rather than cohorts of offenders. That is a legal necessity. It is only possible to make this change in law, with reference to qualifying sentences.

In addition to these exclusions, there will be stringent protections in place around any early release. This change to the law will not take effect until September, which gives our hard-working Probation Service a crucial six-week implementation period. Probation officers will therefore have the time they need to assess the risk of each offender and prepare a plan to manage them safely in the community. All offenders released under this policy will be subject to stringent licence conditions. Where necessary, multi-agency public protection arrangements will be put in place to protect the public, as will multi-agency risk assessment conferences, which ensure that victims can be protected.

Victims eligible for the victim contact scheme or the victim notification scheme will be notified about releases and developments in their cases. Offenders will be ordered to wear electronic tags where required. Exclusion zones and curfews will be imposed where appropriate. Crucially, if an offender breaks any of the conditions imposed on them, they can be returned to prison immediately.

[Andy Slaughter (Hammersmith and Chiswick) (Lab)]

I am sure that the whole House will be pleased to hear of the safeguards that the Lord Chancellor is putting in place. Is she confident that, by the time the changes to the scheme come into effect, both victim notification and probation—and, indeed, police and accommodation services—will be in a position to pick up those being released?

[Shabana Mahmood]

That is precisely why we have ensured that we have an implementation period for this policy change. That work will continue at pace over the summer, so that the Probation Service has the time to prepare proper release plans for offenders who will be released as a result of the changes and to ensure that all our obligations to victims and the wider public are fulfilled.

Let me also be clear that this change is not permanent. We will review this measure within 18 months of implementation—at the very latest, in March 2026. At that point, we believe that the situation in our prisons will have stabilised and that we will be able to reverse the measure, returning the automatic point of release to 50% of a sentence.

I want to directly address a question raised during the oral statement in the House last week. We have not included a specific sunset clause within the legislation that would end it automatically. We have pledged to be honest about the challenges in our prisons and the changes that we put in place to rise to them; that is a marked difference from the previous Administration’s approach. Given the scale of the crisis that we have inherited, placing an artificial time limit on this measure would be nothing more than an irresponsible gimmick. We have taken the very deliberate decision not to reverse this measure until we are certain that prison capacity has stabilised. The last Government allowed our prisons to fall into crisis. We will not introduce legislation that could force us back there again.

Finally, we will introduce a new, higher standard of transparency. Every quarter, we will publish data on the number of offenders released, and we will make it a statutory requirement for a prison capacity statement to be published annually, introducing that legislation as soon as parliamentary time allows. We are clear that this is the only safe way forward. The House does not have to take my word for it: we have heard senior figures in the police, prisons and probation all warning of what will happen if these measures are not taken. We have even heard my predecessor as Lord Chancellor come out in support of this measure.

Thanks to the action—or rather, inaction—of the last Prime Minister, our predecessors ran the prison estate to within days of disaster. As a result, they were forced to introduce a series of emergency measures, such as Operation Safeguard, which turned police cells into prison overflow, and Operation Early Dawn, a daily triage system that managed the flow of prisoners from police cells to the courts. They even came perilously close to triggering Operation Brinker, which is effectively a one-in, one-out measure in our prisons. It is the very last, desperate act available to forestall, by a matter of days, the total collapse of law and order in this country.

The last Government also introduced the flawed end of custody supervised licence scheme. When this new legislation takes effect, it will be my pleasure to end ECSL. With next to no implementation period, ECSL released offenders with only a few days of warning, and sometimes none at all. That gave the Probation Service no time to assess the risk of offenders, and next to no time to plan how they would be managed safely in the community. This new legislation, with its longer, eight-week implementation period, gives the Probation Service the time that it needs to prepare. The last Government’s early release scheme did not have the same exclusions that this new legislation has. Most notably, it provided no exclusions for offences linked to domestic abuse. That meant no exclusions for stalking, for strangulation, for controlling or coercive behaviour, or for breaches of restraining orders, non-molestation orders and domestic abuse orders, all of which are excluded in the legislation presented to the House today.

Perhaps worst of all, this quick fix was carried out under a veil of secrecy. A number of extensions were made to the scheme, which first released offenders up to 18 days early, then 35 to 60 days early, and finally up to 70 days early. That last extension was implemented without any announcement at all. Throughout, no data was ever published by the previous Government on the numbers released; it fell to this Administration to reveal the true scale of the ECSL scheme. Only now do we know that more than 10,000 offenders were rushed out under that veil of secrecy by the previous Administration.

Our approach will be different. Unlike under the previous Government, those sitting on the Opposition Benches will never have to chase me around this building to get hold of the numbers. The numbers will be put in the public domain for all to see and scrutinise, as they should have been all along. ECSL was one of a series of decisions that this Government believe must be examined more fully. That is why I have announced a review into how this capacity crisis was allowed to happen, which will look at why the necessary decisions were not taken at critical moments. We will shortly be appointing an independent chair for the review, which will conclude by the end of this year.

Let me be clear: the crisis in our prisons is not over. The prison population remains within a few hundred places of collapse. Last week, we temporarily closed HMP Dartmoor, taking around 200 places out of the prison estate. Although we were able to withstand that loss of capacity, any further changes—be they a further loss of supply or an unexpected increase in demand—could tip us into crisis. The measures that I have set out will take effect in September, giving probation officers the precious time they need to prepare. During that time, we will continue to monitor the prison population closely and we will be ready to introduce further emergency measures such as Operation Early Dawn or Operation Safeguard if required.

[Lee Pitcher (Doncaster East and the Isle of Axholme) (Lab)]

I have three prisons in my constituency. Will the Secretary of State explain how bad the situation will be if we do not act today?

[Shabana Mahmood]

I thank my hon. Friend for that intervention. If we do not act today, we face a total collapse of law and order in this country. If we are forced to enact Operation Brinker, it will be a one-in, one-out system and we are then days away from the total collapse of the criminal justice system. It is a shocking state of affairs that the previous Government are entirely responsible for, and it has fallen to our Administration to start to put these matters right with the decisive action we are taking. This is the only option on the table. I remind the House again that we have no choice other than to pass this measure to deal with the crisis we have inherited.

Even once we have passed the measure, we will not yet be out of the woods. Our prisons are still in crisis. The last Government ran the prisons system on the basis of luck. They hung on by their fingernails until they could hang on no longer, and then they called an election. This Government will never run that risk. We will always take the necessary action.

[Emily Darlington (Milton Keynes Central) (Lab)]

I thank the Secretary of State for her reassurance on the exclusion of sexual and domestic violence sentences. While prisons are about punishment and keeping our communities safe, one of the main ways we can keep our prison population down is through rehabilitation, rebuilding lives and reducing reoffending. Does she agree that education is central to that rehabilitation, and will she meet me and Milton Keynes college, the biggest provider of education in prisons, to discuss how we can take it further?

[Shabana Mahmood]

My hon. Friend is right that, ultimately, one of the long-term solutions to the capacity crisis must be to reduce reoffending; I am just coming on to that point in my speech. I will happily arrange for her to meet the Prisons Minister and I will take a close interest in what is happening in Milton Keynes.

Let us be under no illusion. The measure I have set out today is not a silver bullet. It does not end the prisons crisis. It is not the long-term solution. Instead, it buys us the time we need to take further measures that can address the prisons crisis not just now, but in the future. Later this year, we will publish a 10-year capacity strategy, which will outline the steps that the Government will take to acquire land for new prison sites and will ensure that building prisons—infrastructure that we deem to be of national importance—is a decision placed in a Minister’s hands.

We must also drive down reoffending. Currently, all too often our prisons create better criminals, not better citizens. Nearly 80% of offenders are reoffenders. A stronger Probation Service will be crucial to driving down reoffending, and we will start by recruiting at least 1,000 new trainee probation officers by the end of March 2025, bringing forward an existing commitment to address the immediate challenges we face today. We will also work with prisons to ensure that offenders can get the skills they need to contribute to society on release, as well as bringing together prison governors, local employers and the voluntary sector to help them into work, because we know that having a job makes offenders less likely to reoffend.

The last occupants of 10 Downing Street left our prisons in crisis.

[Rachel Blake (Cities of London and Westminster) (Lab/Co-op)]

The Secretary of State will be aware that Cities of London and Westminster has some of the highest levels of rough sleeping in the country, with 2,050 rough sleepers every night in Westminster and 482 in the City of London. St Mungo’s has highlighted that 68% of people released from prison into rough sleeping will reoffend within the year. It is simply essential that a planning process and needs assessment take place before people are released. Local authorities with the responsibility of preventing homelessness simply do not have the resources or working processes to ensure that that planning takes place. Will those processes and resources be in place before the legislation is implemented in September?

[Shabana Mahmood]

The point about homelessness, and what it means for recall into prison, is incredibly important. The implementation period allows probation time to prepare plans for every offender who will be released. That is different from the previous Government’s ECSL scheme, which gave no time at all. Some of these issues will be mitigated by that implementation period. Offenders leaving prison can access transitional accommodation for up to 84 nights if they are at risk of being homeless. Those provisions will continue as this scheme is rolled out.

[Mark Ferguson (Gateshead Central and Whickham) (Lab)]

I am sure that many of us will have been appalled by the comments of the former Lord Chancellor, who said that the measure that this Government are taking was not taken by the last Government because

“you have to win votes.”

How does the Secretary of State respond to that?

[Shabana Mahmood]

The public made the decision for the previous Administration by voting them out of office in such a stunning manner. We do have to win votes—it is a democracy, at the end of the day—but we must also govern the country in a way that does not risk the total collapse of the criminal justice system. It is a sign of the Tory party’s collective nervous breakdown in government that the risk of running the criminal justice system into the ground, with the total collapse of law and order in this country, was allowed to happen in the first place. This new Administration will never take such a risk, and we are taking these measures today to start putting things right and clean up the mess that we have inherited from the Tory party.

The last occupants of 10 Downing Street left our prisons in crisis. They left our criminal justice system at the point of collapse. They were the guilty men; I know the historical weight of those words, but they are apt. The last Government placed the country in unconscionable peril. This Government’s legacy will be different: 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. Today’s measure is not the long-term solution—I am not pretending that it is; there is a hard road ahead of us—but it is the necessary first step.

[Madam Deputy Speaker (Ms Ghani)]

I call the official Opposition spokesman.

--- Later in debate ---

[Shabana Mahmood]

With the leave of the House, I will respond to the debate, but let me begin by saying what a pleasure it has been to do my first piece of legislation in this House under your chairmanship, Madam Deputy Speaker. You are a fellow Small Heathan Brummie, and it is no doubt a great first for the community from which we both come.

I was astonished by the shadow Minister’s remarks. He said that he was deeply troubled by the measure, but he and his party, who formed the previous Government, were not troubled enough to prevent the crisis from occurring in the first place. He knows full well that they have left no other option on the table but that which we are taking, and anyone with access to a newspaper can tell that, until about three weeks ago, this was their own plan. I am afraid to say that that is the modern-day Tory party: opportunistic, cynical and unfit to govern.

The shadow Minister asked a number of questions, most of which I had addressed in my opening remarks. Let me remind him—he should know—that our prisons are at over 99% capacity. The exact number will fluctuate on a daily basis, but everyone who works in criminal justice knows that our prisons will overflow by September unless we pass this measure.

On the sunset clause and exclusions for domestic violence-linked offences, I will take no lessons from the Tory party. It brought forward the end-of-custody supervised licence scheme, and that had no exclusions for domestic abuse. I raised that issue many times when I was sitting on the Opposition Benches, and the then Tory Government simply stonewalled and did not give any answers whatsoever. I am pleased to see that Opposition Members have finally discovered that we should treat victims of domestic abuse differently from how we have previously, but they should have applied that to the measure that was their Government’s policy until just three weeks ago.

I will also take no lessons from the Tory party on the sunset clause. I remind them that the end-of-custody supervised licence scheme not only did not have a sunset clause but was in fact extended by the previous Tory Government from 18 days to 35 days and then to 60 days. We then had the ignominy of the increase to 70 days that came without any announcement whatsoever. So when I say that the Government will be different from the last one, I mean it. We have already been far more transparent than the previous Government ever were or could have dreamed of being, and that is the vein in which we will continue.

I was pleased that my hon. Friend the Member for Southgate and Wood Green (Bambos Charalambous) raised reoffending, which was also brought up by the Liberal Democrat spokesperson, the hon. Member for North East Fife (Wendy Chamberlain), as well. It is critical that we get the rates of reoffending down.

Let me turn to the right hon. Member for South Holland and The Deepings (Sir John Hayes). I am slightly perturbed that I found myself in agreement with his first point—I agree that prisons are about punishment—but when 80% of offenders are reoffenders, something is going horribly wrong within our prisons. Every time we have somebody coming out of our prison estate who is a better criminal than they were when they went in, that creates more victims, and we are letting our public down if we do not get the rates of reoffending down. Cutting reoffending is a strategy for putting victims first and cutting crime as much as it is about helping those prisoners become better citizens. I hope that he will take my comments in the spirit in which they are intended, which is a good-faith response to his remarks, and reflect on the necessity of the country finally getting its shocking rates of reoffending down and putting the public first.

I return to the points made by my hon. Friend the Member for Southgate and Wood Green. IPP prisoners are not included within this measure. I know that he and others in the House have supported the possibility of a resentencing exercise, which we did not support in opposition. That is not the Government’s policy, because while I do want to make progress on IPP prisoners, we cannot take any steps that would put public protection at risk. It is a delicate balancing act, but we will start with the measures passed by the previous Government in the Victims and Prisoners Act 2024 on the changes to the licence period and the action plan, which we will publish as soon as possible. Where possible, I want to make progress where IPP prisoners are concerned.

My hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter) made a really important point on the costs. There is a cost to the action that we are taking today, but there would be a much bigger cost to inaction. If we fail to take this measure today, we will face the total collapse of the criminal justice system. That catastrophic disaster has to be averted at all costs.

Let me turn to the comments of the right hon. Member for Witham (Priti Patel). I am pleased about how she has approached the debate. Let me assure her, particularly on matters of national security such as they touch on my responsibilities as Lord Chancellor, that we will always take a cross-party approach and look to work together in the national interest.

The right hon. Lady raised important points about the join-up between different service providers, whether that is police, local authorities or others. I have already chaired a criminal justice board and we already have an implementation taskforce that will work over the summer to ensure that all the different agencies are working together so that the roll-out in September is successful. My Ministers will be working with Ministers in the Ministry of Housing, Communities and Local Government to ensure that join-up occurs. That is an important point, and I will be taking a close personal interest in the implementation.

[Priti Patel]

Could the Lord Chancellor expand—probably not in this debate but over the summer or even in September —on the local authorities? The point about prison building will not go away. I believe that we need more prisons, we should be building more prisons, and that should come forward from the previous prison programme. There is the issue about finances—the £2.2 billion that I referred to—but will she commit to publishing a list of the local authorities she is proactively working with, which may be those from the previous prison building programme, where we will see more prisons?

[Shabana Mahmood]

I will happily return or write to the right hon. Lady in respect of specific local authorities. The impact of prison capacity is uneven, but it is also in flux on a daily basis. On money and the long-term supply of prison places, we will be publishing a 10-year prison capacity strategy, which will deal with the long-term plans that our Government have to increase supply of prison places.

[Mr Paul Kohler (Wimbledon) (LD)]

We do indeed need to build more prisons, because, as was said, the present stock is not fit for purpose, but if we build more prisons to increase capacity, we will just end up with more prisoners. All the evidence suggests that prison population is a supply-led industry, and more prisons means more prisoners. I remind the Lord Chancellor that her colleague in the other place has made it clear that a third of prisoners should not be there. What will she do to look at alternatives to prison for the sad and wretched, not the cruel and dangerous?

[Shabana Mahmood]

Let me be clear to the hon. Gentleman and the House. The Government will ensure that we have the prison places that we need so that we can protect the public and deal with the supply-side issues we have inherited from the previous Tory Government, who did not build the 20,000 places that they said would be ready by next year; they delivered only 6,000. In addition to providing the prison places that the country needs, we will deal with the problem of reoffending, because we are determined to ensure that we do not keep creating more and more victims. That is a strategy for cutting crime and for putting victims first.

The Government have taken action where before us came inaction. Once this action takes effect from September, we will be able to end the immediate crisis in our prisons, giving us time to introduce desperately needed long-term measures. This has been welcomed by voices from across the criminal justice system, from senior police officers to my predecessor in this role. It is the only safe option available to us, and to choose to act otherwise would leave our country in a state of unconscionable risk; one that I am not willing to take. For that reason, I commend the draft instrument to the House.

Question put.

HMP Dartmoor: Temporary Closure

Shabana Mahmood Excerpts

Thursday 25th July 2024 Written Statements

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

I would like to announce the decision to close HMP Dartmoor temporarily, as His Majesty’s Prison and Probation Service manage the levels of radon at HMP Dartmoor to ensure the safety of staff and prisoners.

Our prisons are in crisis. This is the most recent illustration of why this Government were forced to take urgent action to release pressure on the estate. We are committed to locking up the most dangerous offenders and protecting the public. Public safety will always be this Government’s priority.

Radon is a colourless, odourless radioactive gas formed by the radioactive decay of the small amounts of uranium that occur naturally in all rocks and soils, and is naturally more prevalent in the south-west of England. Studies have shown that increased exposure to radon increases the risk of lung cancer. His Majesty’s Prison and Probation Service has been working with specialist radon experts over the past six months to manage the levels of radon at the prison.

Following the latest readings of radon found in non-accommodation areas of the prison on 12 July, the operational decision was taken by His Majesty’s Prison and Probation Service to move all prisoners out of HMP Dartmoor, over a two-week period, and to close the prison temporarily while further mitigation and investigation takes place.

This was an operational decision as it had become unviable to continue with the mitigations to reduce radon while also running an effective prison regime. The Government will continue to work with staff at HMP Dartmoor and trade unions to manage the impact on staff, and prisoners are being transferred to other prisons of an appropriate security level.

The Government have already taken decisive action to address prison capacity pressures. While the loss of capacity at HMP Dartmoor will put additional strain on the system, the Government are confident the system can be sustained until the implementation of SDS40 in September, the measure I announced on 12 July which will change the automatic release point for those serving standard determinate sentences from 50% to 40%.

We will publish a 10-year capacity strategy later this year. We will build prison places, acquire land for new prison sites and classify prisons as being of national importance, placing decision making on planning for new prisons in Ministers’ hands. The Government are committed to longer-term reform of the system and reducing reoffending —making sure that punishment is effective and prisons make better citizens, not better criminals.

[HCWS21]

Prison Capacity

Shabana Mahmood Excerpts

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.

[Edward Argar (Melton and Syston) (Con)]

I am grateful to the Lord Chancellor for very timely advance sight of her statement. May I take this opportunity to congratulate her on her appointment, as well as the Under-Secretary of State for Justice, the hon. Member for Pontypridd (Alex Davies-Jones)? I congratulate the Minister of State, Ministry of Justice, the hon. Member for Swindon South (Heidi Alexander) on her return to this place. Notwithstanding the occasional tussle across the Dispatch Box, I look forward to working constructively with Lord Chancellor, and to holding her and the Government to account. She is of course a decent, courteous, and incredibly able person, and I wish her well in her role.

We recognise the challenges and pressures facing the prison and criminal justice system, and the need to ensure that our prisons function effectively. Of course, the Government were well aware of those things when they were in opposition, as I know from challenging oral question sessions. In Government, we took the right decisions to significantly toughen up sentences for those who commit the worst crimes, in order to ensure that society was protected. To reflect that, we set in train the biggest prison building programme since the Victorian era. More than 13,000 additional prison places were delivered while we were in government. Two new prisons opened; one prison is under construction; there are two prisons with planning permission; and one prison is on the cusp of a decision. Labour’s planning permission proposal for prisons would not impact any of those developments. In that respect, it is simply a gimmick.

Crucially, in the covid pandemic, supported by the then Opposition, we made the tough but correct decision not to mass-release prisoners as other countries did, and we maintained that bedrock of our justice system, trial by jury. Those correct decisions meant less space, and the number of people on remand waiting for trial or sentencing dramatically increasing from around 9,000 to 16,500, with resulting additional pressures.

In deciding to reduce capacity pressure, the paramount consideration for the Lord Chancellor must always be public protection. With that in mind, although we will of course have to scrutinise the detail of her proposed sentence reduction scheme, I must say that we have significant public protection concerns about what she has announced so far, and I hope that she will be able to address those concerns today.

The Lord Chancellor set out plans for limited exclusions relating to domestic abuse, but can she confirm that if a domestic abuser is convicted of, say, common assault, as is often the case, they would not be exempt from this policy? What exclusions does she plan to put in place to ensure that the worst, persistent, repeat offenders cannot benefit from this scheme? She set out that this was a temporary measure that will be reviewed after 18 months. What criteria will she set for its ending? Better still, will she commit to sunsetting the measure in the delegated legislation, and to returning to the House on this afresh in 18 months, if needed?

What additional resources are being made available to probation? We hear what the Lord Chancellor says about getting 1,000 more trainee probation staff by March 2025, but how many of those will actually be new? How many will be additional to those whom we already planned to have in place through the existing trajectory for new trainees? Can she guarantee that no prisoners will benefit from her early release scheme without GPS tags and strict conditions? Indeed, will she mandate the imposition of GPS tracking? Can she confirm to the House progress on bringing HMP Dartmoor’s places back into use, and her long-term plans for HMP Dartmoor’s places? The previous Government committed £30 million to acquire land for building new prisons, and had already begun drawing up a site longlist. Is she expanding that fund, or merely re-announcing the same thing?

More widely, the Lord Chancellor states that this is a temporary measure to ease pressure, so what are her long-term plans for meeting demand? Is she planning to scrap the tougher sentences for serious crimes that the Conservatives put in place to protect the public, and so to reverse our changes, or is she planning to build more prisons over and above the six that we committed to funding, to meet future demand? If it is the latter, has the Chancellor agreed the significant extra funding needed? Those are the long-term questions to which she and the Government owe this House and the public answers, given the changes that she is making today. I hope that she will be able to give clear answers.

[Shabana Mahmood]

I welcome the shadow Lord Chancellor to his place; we have always worked constructively together wherever appropriate, and I look forward to continuing to do so while he is in post. He made a heroic attempt to gloss over many years of failure in planning by the previous Government. I was surprised that he managed to say it all with a straight face. He knows full well that for many years the previous Government struggled to get such measures past many of their Back-Benchers, not all of whom have returned post the general election, but some of whom remain here, and remain implacable opponents of any kind of planning developments in their constituency. They think that national infrastructure is a good thing as long as it is elsewhere. I look forward to seeing whether there is a change of heart among those on the Opposition Benches. It would be welcome, because this Government will not allow the planning system to prevent our country from having either the prison places or the national infrastructure that we so desperately need. He also knows full well that of the 20,000 places that were supposed to have been provided by the previous Government by 2025, only 6,000 have been delivered.

I am concerned about the position relating to prisoners on remand. The shadow Lord Chancellor rightly notes that the number of those on remand in our prison estate is around 16,000. Of course, judges need to be able to remand people to prison for public protection reasons. That will not change. He will know, given his former role in the Department, that there are no immediate solutions, because many of those individuals will in the end be sentenced to custody. I am considering all options available to me for driving that number down as much as possible. In the end, we will need our 10-year capacity plan to take account of what we expect the sentenced population to look like.

On the sentences that are covered by this measure, the shadow Lord Chancellor will know that in order to make a change by means of a statutory instrument, it has to relate to specific offences. That is why we have taken every precaution and every option available to us to exclude sentences connected to domestic abuse. He knows that those will include—I am sure that he has seen the draft statutory instrument—offences related to the breaching of a non-molestation order; stalking, which I mentioned in my statement, including stalking involving the fear of violence, serious alarm or distress; strangulation or suffocation; controlling or coercive behaviour in an intimate or family relationship; the breaching of a restraining order; and a breach of a domestic abuse protection order. The common offences that we know are connected to domestic abuse are caught in the statutory instrument. On multiple and repeat offences, he will know that the decision relies on the combination that is reviewed when the sentencing calculation is done.

As I said in my statement, I will return in 18 months to update the House. We want to remove this temporary measure as quickly as possible, and we will be transparent throughout. The shadow Lord Chancellor will not need to chase me around this building trying to find out what is happening, as I had to when I was in his position and we were considering the previous Government’s early release scheme. We will be transparent in a way that the previous Government simply were not. We will do a quarterly release of all the data, and we will update the House regularly.

I am sure that the right hon. Gentleman followed the announcement on Friday closely, so he will know that the announcement on probation does not involve new money. It is a re-prioritisation of resources, because strengthening probation to make sure that it is in the strongest possible position to deal with the early release scheme is incredibly important to us.

On Dartmoor, the right hon. Gentleman knows the history very well. Safety is our No. 1 priority, and after close monitoring of the situation at HMP Dartmoor, it has been decided that prison will be temporarily closed. I will update the House as the situation develops. I say to him gently that we have committed to a 10-year capacity strategy. We recognise that we need to make sure that this country has the prison places that it needs. We will deliver where the previous Government failed, and we will never allow the planning process to get in the way of having the prisons that we need in this country.

Longer term, however, we will also look at driving down reoffending, because the entrenched cycle of reoffending creates more victims and more crime, and it has big impacts on our ability to have the capacity that we need in our prison estate. That is why this Government will make it a key priority to drive down reoffending. That is a strategy for creating better citizens, not better criminals. It is a strategy for cutting crime, and in the long term, it will deal with our capacity problems for years to come.

[Bambos Charalambous (Southgate and Wood Green) (Lab)]

I welcome my right hon. Friend to her place on the Government Front Bench. The imprisonment for public protection prison population is more than 2,700; 99% of those people are over tariff, and more than 700 prisoners are now 10 years over their original tariff. Can she accelerate the Ministry of Justice’s refreshed IPP action plan to help to reduce the prison population and right that wrong?

[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.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I also welcome the Lord Chancellor to her new position, and thank her for advance sight of her statement.

It has been apparent for months that measures of this sort would be necessary. These are described as temporary measures, but 18 months is a very long time for temporary measures. There would be a real danger of damaging public confidence in our criminal system if the measures were to be extended beyond that point.

The answer surely has to be more than just building more prison capacity. The problem is not that our prison estate is too small; it is that we send too many people to prison, and that the time they spend there does nothing to tackle the problems of drug and alcohol dependency, poor literacy and numeracy skills, and poor mental health, which led to their incarceration. Can we hope to hear in the very near future the Government’s comprehensive plan to tackle the issue of the time that people spend in prison?

Finally, may I bring to the Lord Chancellor’s attention the report published this morning by His Majesty’s inspectorate of probation on the failings of the Cambridgeshire and Peterborough probation delivery unit? That report outlined that our duty of care to those whom we lock up should not end the day they leave custody. When will we have a response to that report?

[Shabana Mahmood]

I welcome the right hon. Gentleman to his place. On the 18-month period, we have inherited a criminal justice system in complete crisis and at risk of total breakdown and collapse. It will take some time, by necessity, for us to be able to put that right. I do not want to mislead the public that somehow these changes will have a quick effect. The system is in dire straits and it will take time to repair it. It is right that we are up front and honest about that time, and I will update the House regularly.

As I say, this Government’s approach will be very different from that of the last Government. We will have a regular release of data, and I anticipate that I will regularly appear before Members to talk about that data, but I welcome that opportunity because it is important that the public are kept updated, and that their representatives in this place are able to scrutinise what is happening and hold us to account. We will need time for the measures to take effect to enable us to move the system to a position of greater health.

In terms of who goes to prison, why and for how long, when we have overcrowded prisons, there is no capacity to do much other than hold people in their cells. The activity that we know is important to help people in the prison system to turn their lives around, come out as better citizens and make better choices, having made amends to society, cannot happen in deeply overcrowded prisons. That is why dealing with the capacity crisis is so necessary not just to prevent the collapse of the criminal justice system but to cut reoffending in the long term. Creating some space will allow us to introduce proposals to bring down reoffending rates in the country.

On probation, I pay tribute to all probation staff for their tremendous work. My first visit in my new role was to meet probation staff in Bedfordshire. I recognise that they have been working in a system and a service under extreme strain and facing real difficulty. That is why we will onboard 1,000 new trainee probation officers before March 2025 to add extra capacity, and why returning the probation system to health will be a key priority for this Government.

[John McDonnell (Hayes and Harlington) (Lab)]

I declare a non-pecuniary interest: I am an honorary life member of the Prison Officers’ Association.

In seeking to be fair, as she always is, my right hon. Friend is being too kind on the last Government. They brought about a staffing crisis in our prisons that has brought rehabilitation to an end and levels of violence that we have never seen before. Will she bring forward as soon as possible a workforce strategy for our prisons and probation? As a matter of urgency, will she look in particular at Feltham young offenders institution, which has become a violent emergency for staff and for prisoners themselves?

[Shabana Mahmood]

My right hon. Friend is right. I take this opportunity to pay tribute to all the staff in our prisons, who do an excellent job under very difficult circumstances. He is right to acknowledge that the levels of violence in our prisons have been increasing, placing those staff at ever greater risk. This is similar to the question that I just answered on probation. When prisons are so badly overcrowded, it is incredibly difficult to run any kind of regime that can do good work on rehabilitation, or provide a safe atmosphere for the staff who work in them.

I will, of course, have conversations in the usual way when it comes to discussions about the spending review and other measures that the Chancellor will bring forward. I hope that I need not tell my right hon. Friend that I will bat hard for our Department and the people I represent. That will all happen in the usual way. We are committed to publishing our 10-year capacity strategy as quickly as possible so that we can begin the process of returning our system to some sort of health. I thank him for raising Feltham; I will look at that and write to him.

[Greg Smith (Mid Buckinghamshire) (Con)]

I listened very carefully to the Lord Chancellor’s comments about Members present and past who had legitimate concerns about new-build prison proposals in their constituencies. She will no doubt be aware of the proposals for a new mega-prison in Buckinghamshire on farmland adjacent to HMP Spring Hill and HMP Grendon. Those proposals are deeply unpopular in my constituency, first, on fairness grounds—they are affecting communities just one mile from the construction of HS2, which are already under siege from big construction—and, secondly, because the prisons in Buckinghamshire cannot recruit to the vacancies that they already have. Fully staffing a brand new prison is just not going to happen, so I ask the new Lord Chancellor to do my constituents the courtesy of sitting down with me so that she can hear why this particular proposal just will not work.

[Shabana Mahmood]

I thank the hon. Member for his question. May I gently say that this is part of the problem? I am not going to get into the specifics of his particular constituency or those particular planning proposals—those proposals are already within the planning system, as the shadow Lord Chancellor, the right hon. Member for Melton and Syston (Edward Argar), alluded to in his remarks—but prisons have to be built in this country. We have to do more building, we have to do it more quickly, and we have rightly said that we will always treat prisons as of national importance. That was actually a change brought in by the previous Government to unlock the delays that they had faced for many years, particularly when concerns were raised by their own Members of Parliament.

We take too long to build any kind of infrastructure in this country. That will not be the approach of this Government, so while I am very happy to consider any proposals that any Members of this House have about specifics in their constituency, the reality is that prisons will always be deemed by this Government to be of national importance, and they will be built.

[Emily Darlington (Milton Keynes Central) (Lab)]

First, I congratulate my right hon. Friend on her new post, and thank her for reassuring us that this scheme will not apply to sexual violence, domestic abuse and stalking—that will really reassure survivors in my constituency. Will she review how the scheme will affect those with learning disabilities who are in prison without support, and ensure that there is good communication with local councils on the housing of ex-offenders, with early notification that is not on a Friday afternoon?

[Shabana Mahmood]

I welcome my hon. Friend to her place. This change is designed in part to allow probation to do the job that it would normally do when it comes to prisoner releases on licence. We will have an eight-week implementation period; that is one of the big differences between this scheme and the previous Government’s end-of-custody supervised licensing scheme, which was pretty chaotic and opaque. Things moved very quickly, not allowing probation the time to do its job. I am not going to pretend that the eight weeks is ideal, but it is better than where we might have been: it allows the sentencing calculations to be redone and some planning to then happen in the normal way, so that we can make sure that, when those people are released into the community, they have a proper release plan in place. Once we are into the prospective element of the change, I believe that the process will be much smoother, and probation will be able to do a much more effective job of managing those prisoners as they are released into the community.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Diolch yn fawr iawn, Llywydd. The Secretary of State is entirely correct to say that prisons are in crisis: they have been in crisis for years, and reform is urgently necessary. It is evident that there are many people in prison who should not be there, but that is the only place that they can be—people for whom community-based prevention and rehabilitation would be way better. The last Government promised us a women’s residential centre based in Swansea, but according to an answer to my written parliamentary question earlier this year, delays and uncertainty over planning saw that proposal sidelined. Will the new Labour Government commit to succeed where the last Government so obviously and appallingly failed and facilitate the establishment of a women’s residential centre in Wales, where we have no women’s prison?

[Shabana Mahmood]

I thank the right hon. Member—that is a very compelling bit of lobbying from her. May I offer to meet with her, so that we can discuss this issue in person?

[Ruth Jones (Newport West and Islwyn) (Lab)]

I welcome the Secretary of State and her team to their places. Can the Secretary of State comment on what was reported in The Guardian earlier this week? Apparently, the former director general for propriety and ethics wrote to the previous Prime Minister telling him that a failure to act on the prison crisis would bring the criminal justice system to a point of “critical failure”. Does she agree that, if this is true, that is an enormous dereliction of duty by the Conservatives?

[Shabana Mahmood]

I thank my hon. Friend. I did read those reports in The Guardian. Of course, none of us has had sight of any of those papers. If those reports are true, it is very worrying indeed. As I said in my opening remarks, I did not use the phrase “the guilty men” lightly when I spoke about the crisis we have inherited and the change we are being forced to make. I believe it was a serious dereliction of duty by the previous Government. I could hardly believe the state of the prison system that I inherited, and I think we have been forced to make the changes that we have because of that failure.

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

I welcome the Lord Chancellor to her post. I just want to push her slightly on the description of this scheme as a temporary scheme. Whatever she may say, the legislative impact of what the Government are doing will be a permanent change. If she wants to be subject to scrutiny and to have a temporary scheme, there is absolutely no reason why she cannot sunset the legislation to be a genuinely temporary change, and come back later if she thinks she needs to reintroduce it. That is a way to welcome scrutiny and be true to what she says about its being a temporary scheme.

[Shabana Mahmood]

It is a temporary scheme. We will revert to the usual 50% level as quickly as possible. I think 18 months is the right period for me to return to this House. The hon. Member will have many opportunities to scrutinise these changes because this Government will be different from the previous Government, because we will be transparent all the way through. I anticipate many moments in this House when I will be challenged. It is a temporary change. It will always be a temporary change.

[Rachael Maskell (York Central) (Lab/Co-op)]

I have had many constituents placed in prison because of failed mental health services, when the crisis team does not turn up and there is no capacity in secure accommodation. Will the Secretary of State have urgent discussions with the Secretary of State for Health to make an assessment of those people who should be in mental health services rather than in the criminal justice system?

[Shabana Mahmood]

My hon. Friend is right that we have broad failure across many of our public services, including within the health service. As my right hon. Friend the Secretary of State for Health has said, we have inherited an NHS that is “broken”. I will have conversations with him on the matter that she raises, but it is important, as we try to return the prison system to health, that we do so in conjunction with the other public services that we know are crucial to the proper functioning of the criminal justice service.

[Jim Shannon (Strangford) (DUP)]

Can I welcome the Lord Chancellor to her place and wish her well in the very important role she now has? It is imperative that, when a judge sentences a criminal, consideration of fulfilling justice prevails more than consideration of spaces in prison. How will the Lord Chancellor address the difficulties to ensure that justice and serving an appropriate sentence will remain the focus? The logistics of that can then be dealt with.

[Shabana Mahmood]

The hon. Member is right. In the end, individual sentencing decisions are for judges. They have discretion to apply the law as they see fit in the circumstances of the cases in front of them, and nothing that we have decided changes that picture. More broadly, we will have a sentencing review—it is something we committed to in our manifesto, and I will say more about that later in the year—to make sure that all our sentencing is consistent and coherent, and that our sentences do actually work, which is what they are meant to do.

[Paula Barker (Liverpool Wavertree) (Lab)]

I welcome the Lord Chancellor to her place. She has certainly hit the ground running in a very difficult backdrop from the previous Government. We know only too well that, often, prisoners are released on Friday afternoon, with little or no access to statutory services, and they become homeless. What assurances can she give the House that this has been thought through, and the unintended consequence of this decision will not be extending the homelessness crisis?

[Shabana Mahmood]

The implementation period that we have put forward in our proposals will allow the probation service time to prepare. As I have said before, that is different from the early release scheme brought forward by the previous Government; it will allow the probation service to do its job and ensure that there is a proper plan for all releases into the community so that they are successful releases. I am sure that my hon. Friend will know about the community accommodation service, which provides transitional accommodation for up to 84 nights for those who are at risk of leaving prison homeless. That will continue. The previous Government scheme released prisoners with little or no warning. This scheme is different. It gives probation time to prepare and should hopefully iron out some of the previous problems.

[Derek Twigg (Widnes and Halewood) (Lab)]

I congratulate the Lord Chancellor on her appointment.

As has been mentioned, reoffending has been a major problem. Drug and alcohol rehabilitation services are at a premium and need looking at, but another key factor is ensuring that when prisoners leave prison, they get a job. What work is being done to ensure that there are more employment opportunities for those who are leaving prison?

[Shabana Mahmood]

My hon. Friend is absolutely right. As I said earlier, employment is crucial, because we know that if those who leave prison are in work within a year of leaving prison, they are much less likely to reoffend. That is why one of our manifesto commitments was setting up employment councils in our prisons—bringing together prison governors and local employers to make sure we are doing everything we can to drive down rates of reoffending. We will have more to say on that in the coming weeks and months.

[Tonia Antoniazzi (Gower) (Lab)]

I associate myself with the comments of the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), because the women’s residential centre she speaks of happens to be in my constituency.

The Lord Chancellor will be very aware of the current issues in Parc prison, Bridgend. I pay tribute to the very hard work of my hon. Friend the Member for Bridgend (Chris Elmore) and to the previous Welsh Affairs Committee. The previous Government blamed the local culture of the community for the issues that were arising in Bridgend; I certainly find that insulting. There is also an issue regarding staff there, and the intimidation that they and their families have faced. Will the Lord Chancellor reinforce and support those in the Prison and Probation Service who work in Parc prison, Bridgend, and work—particularly with my hon. Friend the Member for Bridgend—to ensure that the culture in the prison changes and people are safe?

[Shabana Mahmood]

I would be happy to meet both my hon. Friend and the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts)—individually or together—to talk about the women’s prison, and to write to them on that point.

In relation to Parc, I also pay tribute to my hon. Friend the Member for Bridgend (Chris Elmore). I would be happy to work with him and other hon. Members with an interest. I am deeply concerned about the situation at Parc prison, and pay tribute to the staff who work there. As I have said many times, I am in absolute awe of the efforts made by staff across the Prison and Probation Service, who keep our system—a system which has been in dire straits—going under extreme pressure. I will happily meet hon. Members to discuss Parc, but it is a situation that I am already monitoring closely.

[Kim Johnson (Liverpool Riverside) (Lab)]

I congratulate the Lord Chancellor on her new position; I am sure she is going to do an amazing job.

The law on joint enterprise needs urgent review. Thousands of young black men are incarcerated for long prison terms for crimes they have not committed. Will my right hon. Friend state how and when she is looking to undertake a review of that law?

[Shabana Mahmood]

Of course, joint enterprise is not related to the changes we are making today, but I know that it is an issue of real concern and interest for my hon. Friend and other Members across the House. As I understand it, the Crown Prosecution Service is already reviewing the evidence. It is right for that to conclude before the new Government set out any measures, but I will be engaging closely with the CPS on its review.

[Ben Goldsborough (South Norfolk) (Lab)]

I congratulate my right hon. Friend and those on the Front Bench on their appointments.

We in Norfolk are lucky to have, in Sarah Taylor, a police and crime commissioner who is standing up with integrity and honesty, just like our new Government, and being open. What work will the Secretary of State be undertaking to ensure that police and crime commissioners in Norfolk and around the country are being supported in the work they need to do?

[Shabana Mahmood]

Police and crime commissioners are crucial to helping us to manage the current crisis and as we move the system to some health, hopefully sooner rather than later. I had meetings with many police and crime commissioners while in opposition. I have already met the lead representative for the PCCs on the Criminal Justice Board, and that has already met to talk about how we make these changes in the safest possible way. I will continue engaging in that way.

[Melanie Onn (Great Grimsby and Cleethorpes) (Lab)]

I welcome the Lord Chancellor and her team to their places on the Front Bench.

Further to the question from my hon. Friend the Member for Southgate and Wood Green (Bambos Charalambous), is expanding this scheme to include unfair indeterminate sentences not worth further consideration? That would provide an additional 2,700 potential early releases.

[Shabana Mahmood]

I welcome my hon. Friend back to her place. I am well aware of the issues around indeterminate sentences for public protection. I know that matter is of great interest to Members, as it was to me as a constituency Member of Parliament. I know this territory well. It would not be appropriate to make changes in relation to IPP prisoners, because there is a different order of public protection risk. I am determined to make more progress on IPP prisoners. As I say, we will build on the work done by the previous Government. We worked constructively with the previous Administration on sensible changes that could be made in the safest possible way for the public. Those changes were on the licence period and the action plan, which we will crack on with as a new Government. Any changes that we make to the regime for that type of sentence, which has been rightly abolished, must be done while balancing the public protection risk, which we would never take lightly.

Personal Injury Discount Rate Review 2024

Shabana Mahmood Excerpts

Thursday 18th July 2024 Written Statements

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

I would like to announce that I have now commenced a review of the personal injury discount rate, in line with my statutory duties.

The Damages Act 1996, as amended by the Civil Liability Act 2018, requires the Lord Chancellor to commence a review of the personal injury discount rate within five years of and including the date on which the previous rate was announced, which occurred on 15 July 2019. This is stipulated by schedule A1 to the Damages Act 1996, as inserted by section 10(2) of the Civil Liability Act 2018.

The Damages Act requires that I, in conducting the review, must consult (a) an expert panel, which has already been appointed for this review in June 2023; and (b) HM Treasury. Both consultees are then required by the Act to respond to my consultation within 90 days.

In accordance with these statutory requirements, I commenced this review on 15 July 2024, with the consequence that I must conduct the review and make the determination regarding the rate on or before 11 January 2025. On that same day I sent letters to the expert panel and HM Treasury to begin their period of consultation. I have also deposited copies of the terms of reference for their respective consultations in the Libraries of both Houses of Parliament.

I will make a further announcement on the completion of the review.

[HCWS4]

Oral Answers to Questions

Shabana Mahmood Excerpts

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?

[Alex Chalk]

I read that report with care and will be looking very carefully at that specific case. It is important to read precisely what the chief inspector said. He said that that was an incident right at the beginning of the process, and he expected that things would bed down as we move on. The critical point is that under the Government’s scheme, if there is a concern about an individual who is proposed to be eligible, the governor can impose a veto, which gets the decision escalated to a panel. That is an important safeguard, and it was not present under the Labour scheme, as the hon. Lady well knows.

[Shabana Mahmood]

Report after report; failure after failure. At Parc Prison, nine people have died in just two months. At Bedford, cells were flooded with raw sewage. At Wandsworth, a suspected terrorist escaped last year, the prison is still not secure and the governor has resigned. She has taken responsibility. When will the Secretary of State?

[Alex Chalk]

The hon. Lady is right to say there are prisons where the standards are not where we want them to be. There are something like 120 prisons in the estate, and we are the party that created the urgent notification system so that these matters can be drawn to the attention of the Government, but I will make the following point. There are prisons that have failed in the past, and we have turned them around. Take HMP Liverpool, which I went to. My hon. and learned Friend the Member for Bromley and Chislehurst (Sir Robert Neill), who is Chair of the Justice Committee, will remember that in 2017 there was a scathing report about the prison, which has been turned around. It is safe, decent and rehabilitative, and prisoners are doing excellent work. Or take HMP Chelmsford, which had a UN and has been turned around. We take this issue incredibly seriously, and we are the party that is investing record amounts in our estate. In government, Labour boasted that it would bring in three Titan prisons, but it brought in one.

End of Custody Supervised Licence: Extension

Shabana Mahmood Excerpts

Wednesday 8th May 2024 Commons Chamber

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

(Urgent Question): To ask the Secretary of State for Justice if he will make a statement on the expansion of the end of custody supervised licence scheme.

[The Minister of State, Ministry of Justice (Edward Argar)]

I am grateful to the hon. Lady for her question.

Protecting the public is our No. 1 priority, so it is right that we take tough and decisive action to keep putting the most serious offenders behind bars, and for longer, as the public rightly expect. We are carrying out the biggest prison expansion programme since the Victorian era, and we are ramping up removals of foreign national offenders.

We have a duty to ensure that the prison system continues to operate safely and effectively, with offenders held in safe and decent conditions. This means ensuring that no prison exceeds a safe maximum operating limit. ECSL allows lower-level offenders to be released before their automatic release date. In March, the Lord Chancellor stated that we will

“work with the police, prisons and probation leaders to make further adjustments as required.”—[Official Report, 12 March 2024; Vol. 747, c. 157.]

This extension is in line with what he said.

ECSL operates only when absolutely necessary and is kept under constant review. I know that many Members of this House will be concerned about the early release of offenders into the community, but I make it clear that only offenders who would soon be released anyway will be considered for ECSL.

We have put in place safeguards, including that the Prison Service retains the discretion to prevent the ECSL release of any offender where early release presents a higher risk than if they were released at their automatic release date. There are strict eligibility criteria, and anyone convicted of a sexual offence, a terrorist offence or a serious violence offence is ruled out. Public safety will always be our No. 1 priority, and all those released will still be subject to probation supervision and stringent licence conditions.

[Shabana Mahmood]

Here we go again. Never in this country have a Government been forced to release prisoners more than two months early. This is the price that the public are paying for a justice system in crisis and a Government in freefall.

The early release scheme has now undergone three major extensions in just six months: it was quietly started in October, when the Government began releasing prisoners up to 18 days early; in March it was slipped out that it had been expanded from 18 to 60 days; and now it has emerged through a media leak that it has been extended once again, this time to 70 days. Worst of all, the Government are doing all of this in secret. They have not responded to any freedom of information requests, parliamentary questions or even the Justice Committee with any useful details about this scheme. The Government are releasing prisoners but not the facts. The strategy is clear for all to see: say nothing, try to get away with it and get to the other side of the general election. It is shameless and, frankly, a disgrace.

The public and this House rightly expect the Minister to be transparent and honest, so let us see whether he will answer these basic and simple questions. Why the increase of early release to 70 days? How many offenders have been released in the six months since the scheme became operational? How will they ensure that the probation service has the time and resources to adequately assess risk and protect the public? And will he give a guarantee to the House today that this secretive scheme will not be extended again?

[Edward Argar]

I am grateful to the shadow Secretary of State for her question and would gently say a number of things to her. First, she suggests we were sneaking this out in October and March; that included statements to this House and was entirely transparent. On the hon. Lady’s party’s record, it operated an early release scheme for three years between 2007 and 2010, which leaves her on rather shaky ground. She talked about a media leak. This was an operational decision with operational guidance sent out to His Majesty’s Prison and Probation Service and prison governors as well as other stakeholders, including, if I recall correctly, the probation union, for a minor change that was already reflected in the points made by my right hon. and learned Friend the Secretary of State for Justice in March to this House.

The hon. Lady talked about data. The Secretary of State has been consistently clear that we will publish the data on an annualised basis, in exactly the same way as we do, for example, for deaths in custody and supplementary breakdowns of the prison population. We have been clear that we will always ensure that the prisons system has the spaces for the courts to be able to send people to prison. We are making an appropriate operational decision to ensure that continues to be the case.

The hon. Lady also rightly asked about probation, and I suspect that in our exchanges the one thing on which we might find ourselves in agreement is paying tribute to those who work in our probation service. As she will know, since 2021 we have increased the budget for the service by £155 million, with 4,000 additional probation officers in training. We have worked with the leadership of our probation service on this scheme and the probation union was one of the bodies we notified on the changes to the operational guidance.

Oral Answers to Questions

Shabana Mahmood Excerpts

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?

[Alex Chalk]

I have been very candid in saying that there are pressures in our prisons. But here is the thing: first, capacity in our jails is significantly higher than it was under Labour’s watch; and secondly, we have a record of delivery and there will be 10,000 places by next year. Here is the really important point. There are two questions that I posed in my statement. First, would Labour have let out up to 16,000 people during covid—yes or no? We said no. Secondly, would Labour have got rid of jury trials? We did not, but the Opposition would have. If they had made the same decisions that we did, they would have faced the same pressures. This is opportunism, it is silly, and Britain deserves better.

[Shabana Mahmood]

Bring on the general election and I will happily answer those questions. I am not surprised that the Secretary of State does not want to acknowledge the truth. Probation officers have told me that they genuinely fear not being able to keep the public safe, because they are being forced to rush through the early release of violent men in order to free up space. He will have heard the same concerns, so what is he going to do about it?

[Alex Chalk]

It is really important that the public are not inadvertently misled. Early release does not apply to those on life sentences, those on imprisonment for public protection sentences, those on extended determinate sentences, any sex offenders, any terrorism offenders and any serious violent offenders. The difference between our scheme and the Opposition’s is that, under their scheme, governors had no discretion to block the release of prisoners; under ours, they do. That is the difference: we prioritise public safety; the Opposition prioritise politics.

Prisons and Probation: Foreign National Offenders

Shabana Mahmood Excerpts

Tuesday 12th March 2024 Commons Chamber

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

I am grateful to the Secretary of State for advance sight of his statement. Late in the hours of yesterday evening, the Government tried to slip out quietly an announcement that they will be releasing prisoners up to two months early to deal with the lack of space in our prisons. Let us be in no doubt that this is the most drastic form of early release for prisoners that the country has ever seen, yet in the Secretary of State’s 11-page, 10-minute statement it merited just one paragraph. This measure will cause shockwaves and deep concern across our country and he seems to think that a quiet written ministerial statement published late last night and one paragraph today is good enough. It is not.

Prisoners will now be released not 18 days early but up to an unprecedented 60 days early. No other Government have ever found themselves having to do that on such a scale. It is nearly three times the number of days on licence seen under any previous scheme. Let me be clear that there are consequences. This scheme will seem wrong in principle to victims and the public—that people who have done wrong and have been sentenced under due process of law can be released as much as two months before a court intended. That means that people who have broken the law and, in many cases, pose an ongoing threat to the law-abiding public are directly benefiting from the Government’s complete incompetence.

It is small wonder that the Government have refused all requests to be transparent about the scale and the impact of the scheme. That is no way to run the criminal justice system—or, indeed, the country—not least because when the Secretary of State announced the scheme last October, he was explicit that the power would

“be used only for a limited period and only in targeted areas.”

He said that the scheme was to be

“a temporary operational measure to relieve immediate pressure.”—[Official Report, 16 October 2023; Vol. 738, c. 59-60.]

Last month we learned from a leak to the media that the scheme had been expanded to more prisons and, according to unpublished guidance to prison governors, activated for an “undefined period”. He will surely acknowledge that this will strike many people as a novel definition of “temporary”.

Now we learn that the scheme is due to be expanded very significantly—an unprecedented 60 days ahead of when a prisoner would ordinarily be released. I repeat the questions that I first raised all those months ago. How many prisoners have been released early under the scheme to date? Which prisons are using the early release scheme? Which types of offenders are being released early under the scheme? Are domestic abusers and stalkers eligible for release under the scheme? Why has it been expanded to early release of up to 60 days? Why has the scheme been activated indefinitely? Will the Secretary of State finally commit to publishing all the relevant statistics about the early releases scheme on the same basis that prison data is published—on a weekly basis, rather than the wholly inadequate commitment to publish on an annual basis, not least because there will have been a general election before then?

The Secretary of State has acknowledged, at last, that all the changes put real and profoundly concerning additional pressure on our already overstretched and understaffed probation service. He tells us that there will be a reset for probation to ensure that it prioritises early engagement, but it is not clear what that means or what part of its vital work he is suggesting probation officers will not do as a result of today’s statement. What is glaringly absent is any additional resource to support the thousands of cases that will now have their release dates brought forward.

It is wholly inevitable that rushing out such measures will increase the risk to the public. I hope the Secretary of State will have the honesty to admit that in his response. Again, what measures have been put in place to ensure that probation has the time and the resources to assess risk adequately and protect the public? Has there been a risk assessment of the expansion? If so, will he publish it? How will the Government ensure that inexperienced probation staff are not left unsupported to supervise dangerous offenders?

The Government tell us that they will free up more spaces in our prisons by cracking down on the number of foreign national offenders who are taking up space that we can ill afford to spare when they have no right to be in this country. The Secretary of State has not pointed out that the numbers that the Government deported last year are significantly lower than those they inherited in 2010—5,383 foreign national offenders were deported in the last year of the Labour Government. Meanwhile, thousands of foreign national offenders are living in the community post release for several years without being removed. We welcome any improvement that the Government intend to make on this pretty poor record, but if the public are to believe that any of these measures will make the necessary difference, the Secretary of State needs a more credible plan, such as a new returns and enforcement unit with up to 1,000 new staff—more than double his 400 announced today.

Unprecedented is a term that is far too often bandied around in politics, but these changes are, by any measure, truly extraordinary. The Secretary of State has not been transparent with this House or with the public. They deserve answers, and it is about time that he started giving them.

[Alex Chalk]

I thank the hon. Lady for her points. She addressed a number of issues, but not the fact that when Labour were in government, it ran a similar scheme for three years. Does she want to explain how many were released during that scheme? I am sure that she will welcome the opportunity to update the House. She talks about risk, and she is right to raise these important issues, but it is also important that we set them out clearly and calmly. First, unlike the Labour scheme in which those who had been sentenced to under 12 months were released with no licence conditions, everyone will have a licence condition. We need to be clear about what that means. Under Labour’s scheme, which ran for three years, there were no licence conditions at all. Under our scheme there will be licence conditions.

Secondly, Labour’s scheme operated in a blanket way across every prison. Ours is targeted and calibrated. Thirdly, and importantly, under this scheme there will be the opportunity for a gold command veto, where the governor has concerns about an individual—[Interruption.] If the hon. Lady could just listen for a moment. Those concerns will be escalated to a panel of senior officials, who will make a decision based on the offender’s history, the proposed bail address and the conditions that could be imposed—not to contact, not to enter, to abide by a curfew or potentially to be tagged. If the governor has concerns about safety, that person will not be released. That safeguard was not available under the Labour scheme, which ran for three years. It is critical to prioritising public safety, which is our focus.

In the hon. Lady’s response there was the eloquent sound of silence in relation to the specific questions that this Government and every Government around the world face: should we have let out thousands of prisoners? She has given no answer to that question, but it is important, because if she aspires to stand here, she will have to say whether that should have taken place. Not doing so has contributed to the pressures that we face, but it would have been the wrong thing to do, because it would have prioritised prisoner safety over public safety. We did not do it, and we were right not to do it. Principle has a cost, and we have taken a sensible decision.

The second thing that the hon. Lady did not address is whether we should have listened to those who clamoured for the end of jury trials. I do not think she is suggesting that we should have, but there is an inevitable effect to that. When we came into office, the number of cases in the Crown court was around 48,000. Pre-covid, it was 39,000, but as it has gone up, inevitably as a result of keeping the jury trial system, a higher proportion of people have been in custody awaiting trial. That is a matter of remorseless, arithmetic logic. There are an additional 6,000 people now. We made the right decision, but we have to take a sensible step.

The final point that the hon. Lady failed to address is what she would have done in these circumstances. She knows, as I know, that she would have taken exactly the same step. To seek to make political capital is beneath her.

Oral Answers to Questions

Shabana Mahmood Excerpts

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?

[Edward Argar]

For a moment I thought the shadow Justice Secretary was referring to her own party’s record when in government—7,500 prison places in three Titan prisons that failed to be built, whereas we are committed to building six new modern prisons. Two have been built, one is being built at the moment and two have planning permission.

[Shabana Mahmood]

While prisoners are serving their sentence, they are not being allowed to leave their cell, but ironically the Government are also releasing some of them early. Despite a multitude of letters, questions and even a point-blank request from the Justice Committee, the Government are refusing to tell us how many prisoners are being released early and from where. The public and Parliament have a right to know, so will the Minister finally come clean on how the early release scheme has been used so far? If not, can he tell the House what he has to hide?

[Edward Argar]

As the shadow Justice Secretary will know, my right hon. and learned Friend the Lord Chancellor has made clear that in line with other statistics, for example death in custody statistics, we will publish those figures on an annual basis.