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Last month we learned from a leak to the media that the scheme had been expanded to more prisons and, according to unpublished guidance to prison governors, activated for an “undefined period”.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.

Oral Answers to Questions

Shabana Mahmood Excerpts

Tuesday 9th January 2024 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

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

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

[Gareth Bacon]

We have recently increased the budget for probation by £155 million and ramped up recruitment, with an additional 4,000 staff recruited over the last period of time.

[Shabana Mahmood]

That is a four-year-old announcement dressed up as something new and, given the extensive changes in the Sentencing Bill, I am afraid that it will just not cut it. Under the Conservatives, our vital probation service has been taken to the brink of collapse, and on current performance it simply cannot handle the additional pressure that these measures will bring and keep the public safe. So will the Minister commit to ensuring that the measures in the Bill will not come into effect until there is not one probation delivery unit still rated as “inadequate”?

[Gareth Bacon]

I thank the hon. Lady for her question. We will keep this under review as the Bill passes through the House, and we will make further announcements on it in due course.

Sentencing Bill

Shabana Mahmood Excerpts

Wednesday 6th December 2023 Commons Chamber

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

We are here to debate the Second Reading of the Sentencing Bill, but it is impossible to consider the Bill properly without acknowledging what lies behind it: the prison capacity crisis. If prisons in this country were not at crisis point, I doubt the Government would have proposed the Bill.

The prisons crisis is very much the elephant in the room, and something that the Government are loth to discuss in detail—I notice it did not feature in the Secretary of State’s opening remarks—not least because, I imagine, they do not want to admit their failure over 13 years in government. This will not surprise the Secretary of State, but I cannot let him get away with that.

The true story of the Bill and its measures on short sentences and home detention curfew is that it is a rushed response to the Government’s own failure to manage the prison capacity crisis. The Bill is about reducing numbers, first and foremost, and not about getting the criminal justice system to function more effectively or reducing reoffending. There is a case for careful consideration of how best we reduce reoffending and make rehabilitation a true success story of our criminal justice system, but acting primarily because you are worried about the numbers and are about to run out of prison places is a very different exercise. The Government are acting out of desperation, not principle, and the public deserve better.

On the Government’s watch, we have now reached 99% capacity in the prison estate. Of the 20,000 prison places that we were supposed to see by next year, fewer than half are on track to meet the deadline, and the total will not be delivered before 2030. That has happened despite more than a decade of warnings that the demand for prison places was on course to exceed supply, from everyone from the Justice Committee to the National Audit Office. The situation has been so bad for so long that earlier this year, the previous Justice Secretary, the right hon. Member for Esher and Walton (Dominic Raab), wrote to judges to make them aware of the significant population in prison, so that they could take it into account when passing sentences or deciding whether to remand people in custody.

As far back as 2016, the Government had pledged to build 10,000 new prison places by 2020. They did not get anywhere near that figure. In fact, the Public Accounts Committee found that they had managed to add only 206 places by that point. In November 2020, the Government pledged 18,000 new prison places, but still with no real plan for delivery. A year later, they said that they would make it 20,000 by the mid-2020s. According to the latest figures, no more than 8,200 places are set to be built by the end of 2025. That represents a shortfall of 60%.

That is an abysmal record—a total failure to deliver by the so-called party of law and order and by a Government who cannot seem to get anything built. Our prisons are completely full and now the Government have run out of space and time. As a result, we have the reforms on short sentences.

As the Secretary of State said, the Bill will introduce a presumption that sentences of 12 months or more will be suspended and instead served in the community. According to the Government’s own impact assessment, the reforms will mean that nearly 7,000 fewer offenders go to prison, and yet these are exactly the same proposals that the Secretary of State’s predecessor’s predecessor—there have been many—told us four years ago were not “the right way forward”. What has changed, Secretary of State? Does he expect anyone to believe that it is nothing at all to do with the prisons crisis?

The Government say today that these measures will aid rehabilitation and break the cycle of reoffending. They are right to say that the reoffending rate for those leaving prison after serving less than 12 months is 50% and for those on suspended orders with conditions it is 22%, but if that were truly their priority and if there were a newfound zeal to deal with this problem—it is, I acknowledge again, a real problem—perhaps they would have done something before now about the 80% of offenders who have a previous conviction or caution. And even if I were to believe the Secretary of State and accept that this desire to cut reoffending is entirely unconnected to the fact that he has run out of prison places, the truth is that the Government are introducing these changes without any thought-through or proper consideration of the infrastructure and resource that would support programmes such as suspended sentences.

The truth is that the Government will not break the cycle of reoffending without a functioning probation service. It is therefore astonishing that there is nothing in the Bill or any accompanying document that prioritises or appropriately resources the probation service. Under this Government, we have seen the botched privatisation of the probation service. In fact, it was so disastrous that the Government then had to renationalise the same service. Only these Conservatives could manage to make an absolute mess of both.

Today our probation service is understaffed, undervalued and overstretched. Workloads are soaring, almost 50,000 working days among probation staff have been lost due to stress and nearly 20% of the new trainee probation officers that the Government boast about recruiting have already quit. We have a probation service under huge pressure, and the problems of chronic understaffing point to a demoralised workforce and overstretched probation officers. In fact, the probation service is in such a poor state that in the 31 inspections since it was reunified in June 2021, only one has received a report of “good”. The rest were rated either as “requires improvement” or “inadequate”. The Government are simply failing to keep the probation service properly staffed, and these shortfalls could have dangerous consequences. Further pressures caused by the measures in the Bill and the end-of-custody supervised licence scheme have the potential to make matters much worse, and the Government’s strategy appears to be to take the pressure off the prison service, only to transfer it to the probation service instead. That is not good enough.

The Secretary of State has previously claimed that he is giving an additional £155 million a year to the probation service, but he knows—and I know, and this House will know—that that is not new money. It was announced in 2020 as part of the reunification of the probation service, to help the service at that point to recruit staff, bring down caseloads and deliver better supervision of offenders in the community. It is fair to say that that money has not yet resulted in a service that is functioning as well as we would all, I am sure, want to see, and now there is to be a huge increase in its workload as a result of the measures in this Bill.

The Government have provided no new funding, no new resources and no action plan to deal with the significant additional workload for the probation service. That is not credible, not reasonable and not safe. We will be tabling amendments in Committee to push the Government on their plans for the probation service, to ensure that it is working effectively and can deliver these new changes in a way that does not compromise public protection. We have all been witness to the tragic outcomes when the probation service fails, and it is paramount that the staffing and capacity issues in the service are urgently addressed before its workload is hugely increased by the measures in the Bill.

Let me turn to how the suspended sentences will work. In theory, both suspended sentences and community sentences should involve robust conditions that work to protect the public and change offenders’ behaviour, such as a curfew or being prohibited from doing a particular activity or going to a particular area, as the Secretary of State explained in his opening remarks. The Government have been particularly keen to talk up the benefits of unpaid work requirements such as cleaning up graffiti. None of this is new. These types of sentences have existed since the last Labour Government, but we have plenty of evidence that 13 years of Conservative neglect have completely squandered their potential, because we know there has been a huge decline in the use of community sentences during that time, reportedly because judges do not have confidence that conditions such as unpaid work will actually be delivered.

Let us look at the Government’s most eye-catching attempt at a rebrand, the so-called “rapid deployment” unpaid work pilots. These are just the latest example of the Government’s failure to deliver on justice and law and order. This scheme was supposed to see offenders, some of whom are on suspended sentences, deliver 20,000 hours of unpaid work in six months. Four months in and, according to the Ministry of Justice’s own management information, the scheme has managed just over 2,000 hours.

Given the Government’s track record, how can they reasonably expect the public to believe their promise that more suspended sentences will lead to meaningful, properly enforced community payback? Just as we will be pressing the Government on their plans for the probation service, we will also seek to push them to return to the House with proposals to make community sentences effective in respect of both reducing reoffending and, crucially, ensuring public protection.

I am surprised, and I believe the public will be too, that the Government are not specifically excluding any offence from the new presumption that short sentences will be suspended—not stalking, not domestic abuse and not even sexual offences. The main safeguards on which the Government are relying seem to be that the presumption will not apply in cases where an offender has breached an order, or where the court believes that suspending the sentence would put a particular individual at significant risk of harm.

We do not believe that is good enough. It does not protect the next partner of a known domestic abuser—an abuser she has not yet had the misfortune to meet—nor does it protect the many potential future victims of sex offenders and stalkers. We do not believe the courts should effectively be strongarmed into keeping out of prison people who commit predatory and abusive crimes in which vulnerable women are most often the targets. Again, we will return to this in Committee, having tabled amendments to ensure that the courts are free to send these potentially dangerous offenders to prison without having to shoehorn them into the arbitrary and inadequate exceptions that the Bill currently provides. I note with interest that some Conservative Back Benchers would like to see other exclusions in this Bill, and I am sure we will return to that debate in Committee.

We only have to look at media reports to know that not exempting domestic abusers from these proposals could have serious consequences, and I will put two recent examples before the House. Under these new measures, violent offenders such as Brendan Dugan, who launched a torture attack in which he bit his partner on the nose and strangled her until she thought she was going to die, could avoid being locked up. After a disagreement with his girlfriend, Brendan became violent. He threw objects around their home and then started his attack. He pinned her down on the bed with his knees and put a pillow over her head before she pushed him off. He then got on top of her again and strangled her for about 30 seconds, while telling her that he was going to kill her. This man received a 10-month sentence and, under the Government’s proposals, he could avoid prison time altogether.

Similarly, Lee David Smith was jailed for harassing, headbutting and threatening his ex-partner with a knife, as well as for threatening to burn down her house. He received a sentence of eight months and he, too, could avoid jail time under these new proposals. We think such cases are a good reason for further strengthening the Bill, and we look forward to those discussions in Committee.

Although the Government’s recently announced end of custody supervised licence scheme is not included in the Bill, I must take this opportunity, which I believe the Government have been seeking to avoid, to bring some much-needed scrutiny to this emergency measure that is already under way. We now know that the Government are letting thousands of people out early on so-called compassionate grounds. Compassion for whom? Stalkers, domestic abusers and other dangerous offenders. People whom a court has decided should be in prison. All of this, yet again, without a word on how the probation service is supposed to manage the flurry of new demand. I have already written to the Secretary of State to express my concerns about the Government’s absence of transparency on this matter.

The end of custody supervised licence scheme was announced to Parliament and the public in a statement to this House on 16 October, but without a word on when it was expected to start. It has emerged through media reporting and written questions in Parliament that the scheme in fact began the very next day. No details have been published on the workings of the scheme, including in which prisons it is operational, exactly which offenders are eligible and how the risk to the public is being monitored. No numbers of prisoners released under the scheme or of those recalled for breaching their licence conditions in the weeks that it has apparently been in use have been made available.

The Labour Government, unlike this Government, were clear and transparent out of respect for both this House and the public when they introduced the end of custody licence scheme in 2007. The then Justice Secretary announced, from the place where the current one now sits, that he had written to prison governors that day, and he in turn published the guidance that they were using for all to see and scrutinise. However, we have been told by the Minister with responsibility for prisons, probation and parole—the Minister of State, Ministry of Justice, the right hon. Member for Charnwood (Edward Argar)—that there are no plans to publish the guidance issued to prisons. This is an astonishing failure, and the lack of transparency in this matter is a huge mark of disrespect to Parliament, the whole of the public and, indeed, victims of crime. Justice will not be delivered if men who have done real harm are quietly let out when a court intended that they should still be behind bars. Justice cannot be delivered in secret. The Secretary of State has had the chance to come clean on this issue for weeks, but instead he is hoping that no one will notice.

The Opposition believe that prison is where sex offenders, stalkers and domestic abusers need to serve their time, instead of in the community, where the risk to their victims and future victims is simply too high. Under Labour, courts will never be required to suspend the sentence of an abuser or predator who receives a custodial sentence. These offenders will not be allowed out of prison before their intended release date, nor will potentially thousands of offenders be released into our communities without Members of Parliament even knowing it is happening. Again, we will seek to amend the Bill in Committee to make that a reality.

The Bill also introduces measures to let serious offenders—those on sentences of four years or more—go home up to six months early on electronic monitoring if they are deemed “suitable”. Once again, we are assured by the Government that violent offenders, sex offenders and domestic abusers will continue to be excluded, but they have not told us exactly who this will include. What exactly does it mean for a person who is guilty of such a serious crime that our independent courts have judged that only a sentence of four years or more is appropriate to be considered suitable for release perhaps just 18 months later? What does this mean for victims? At the very same time that the Government are assuring them that their rights will be enhanced by the long-delayed and inadequate Victims and Prisoners Bill, victims can no longer be assured that people who have seriously harmed them will serve the prison term they were sentenced to. Once again, there is not a word from the Secretary of State on how the probation service is supposed to cope with all this.

The proposals for whole-life orders are in line with our commitments to tougher sentences for those who commit the most truly heinous murders, and ensuring that those convicted of rape and serious sexual offences serve more prison time. Those are measures that we will support as the Bill progresses. However, let us be clear that those provisions are not the main point of this Bill, and the Government should expect that we will stay focused on the short sentence reforms and early release provisions, as the Bill progresses.

We will not vote against the passage of this Bill today, even if we do believe that the Government owe it to this House and, more importantly, to all our constituents and victims of crime to be more honest about the real reasons why this Bill is before us. These are emergency measures dressed up as principled reforms, and the Government’s own failures have forced their hand. We have grave concerns that too many dangerous offenders have been kept in scope for suspended sentences and early release, and that the vital public protection work of our probation service has been overlooked, with potentially disastrous consequences.

We will be pressing the Government in Committee and beyond to ensure that this Bill has a plan for an effective probation service, that they make sentences in the community truly effective and that the courts will in no way be fettered in their ability to send domestic abusers, stalkers and sex offenders to prison, which is exactly where I am sure all of us in this House agree they all belong.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Justice Committee.

Hillsborough: Bishop James Jones Report

Shabana Mahmood Excerpts

Wednesday 6th December 2023 Commons Chamber

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

It is customary to thank the Government for advance sight of the statement, but given the gravity of this matter, the fact that the report being responded to has been with the Government for many years and the length of the Secretary of State’s statement this morning, I am disappointed to have received the copy of his statement much later than is customary.

To describe the events of 15 April 1989 as “far-reaching” is wholly inadequate. To say that they were “tragic” misses the point. The name “Hillsborough” stands to this day as an indictment of institutions, individuals and an entire culture in which transparency, accountability and even simple human compassion were absent. I was a child in 1989, when 95 people died at Hillsborough stadium in the worst sporting disaster in this nation’s history. Ten years later, alongside thousands of other law students, I learnt about the shockwaves that the events of that day were still sending through our courts, to the continuing pain of the families. That included the death in 1993 of the 96th victim, 22-year-old Anthony Bland, who spent four years in a persistent vegetative state before a court made legal history by agreeing that it was in his best interests to withdraw his feeding tube. Let us not forget that it was just two years ago that the disaster claimed its 97th victim, 55-year-old Andrew Devine, who had lived with a serious brain injury for more than three decades. It has now been 34 years, and to say that justice delayed is justice denied would be a significant understatement in this context. It is simply unendurable for any family to be made to wait this long for justice.

I wish to echo the words of the Secretary of State by paying tribute to Bishop James Jones; to the many campaigners, both inside and outside this House, who have worked for so long to establish the truth; and, above all, to the bereaved families. They have gone beyond what anyone should have to endure to secure justice not only for their loved ones but for the victims of future disasters. They are an inspiration, and I speak for the whole House in saying that all of us here know the debt we owe to all of them.

I turn to the detail of the remarks by the Secretary of State. The purpose of the Government’s response must be centred on the experience of the families, just as Bishop James’s report was, to ensure that their suffering is remembered and, crucially, is never repeated. That is the commitment that the Opposition, too, make: we will work to ensure that the Government’s proposals deliver meaningful justice. We welcome the commitment to consult on expanding legal aid for families bereaved in a public disaster, but there is nothing in what we have seen from the Government to date that goes as far as we believe is necessary to require public authorities to act with candour and transparency.

To the public, a duty on all public bodies to be forthcoming with the truth is a basic requirement if justice is to be done in the wake of terrible events that scar communities and change lives forever. Many will be shocked to hear that this does not already exist as a matter of law. The Hillsborough Law Now campaign which, as the Government know, includes bereaved families who are still fighting for accountability 34 years later, has told us that without an effective duty of candour in place, the risk is that reform will simply add another layer of bureaucracy to what victims must already endure. It is for this reason that over a year ago, the Leader of the Opposition committed to a Hillsborough law that would first and foremost impose a legal duty on public institutions, public servants and officials to act in the public interest and with transparency, candour and frankness when there has been a major incident.

The Secretary of State knows that we have sought to amend his recent Bill to introduce that more effective duty of candour during its passage through Parliament, but it is an approach that the Government have so far rejected. We will continue our efforts in that regard, because the Government’s requirement for a code of ethics is not enough.

We also welcome the commitment to a standing, independent public advocate, and have supported the change to the Victims and Prisoners Bill. However, as the Secretary of State knows, we also believe—and have said to him repeatedly—that the duty of candour is the missing piece, and it is vital to add it to make effective the changes that have been introduced in respect of the independent public advocate.

This issue is above party politics, but we have a duty to say to the Government that what they have announced does not yet go far enough. They must deliver on that vital promise that what happened in 1989, and has continued to happen to the families for 34 years, will never happen again.

[Alex Chalk]

I thank the hon. Lady for her response, and I shall seek to address each point in turn.

On the issue of legal aid, we absolutely accept that in this particular case there was a manifest and completely unacceptable lack of equality of arms, because it was treated as an adversarial process, which was completely inimical to what the inquiry should have been designed to get to the bottom of. The culture was wrong, in terms of how the lawyers approached it, and the equality of arms was non-existent. We have sought to address that in two ways. First, in appropriate cases that become adversarial because people are defensive as they have probably got something wrong, it is necessary for the families to have the legal arms to take that on. That is why, if this happened today, that funding would be in place. This is not small amounts of funding; the total amount spent, quite properly—I have no complaints about this—in the second inquest was around £65 million. This is a very significant change that has already been made. As I say, we are consulting on whether we should go further still.

The critical issue is, of course, about candour. The importance of changing the culture runs through Bishop James Jones’ report like a message through a stick of rock. Across the House—as the hon. Lady rightly pointed out, this is not a party political issue—we must do everything possible to change that culture. On the IPA, it is important to note that in point of learning 1, which was about the charter, Bishop James said:

“I welcome the government’s commitment…to create an independent public advocate to act for bereaved families after a public disaster. Once a public advocate has been appointed, I offer the charter to them as a benchmark against which they may assess the way in which public bodies treat those bereaved by public tragedy”,

before going on to talk about the text of the charter. We hope that it will play a very important part in embedding that culture and holding people to account, but this job is not over. We continue to have the discussion, and I look forward to engaging with the hon. Lady about it.

Victims and Prisoners Bill

Shabana Mahmood Excerpts

Report stage
Monday 4th December 2023 Commons Chamber

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

It is a pleasure to speak in this somewhat short Third Reading debate on this Bill. I start by paying tribute to my colleagues who did the lion’s share of the work before my team and I came into post, particularly my predecessor my hon. Friend the Member for Croydon North (Steve Reed), as well as my hon. Friends the Members for Cardiff North (Anna McMorrin) and for Lewisham West and Penge (Ellie Reeves) and the entire shadow Justice team.

I thank the Clerks, the House staff and Library specialists for facilitating all the debates on this Bill, and all the external organisations and individuals—including Dame Vera Baird, Nicole Jacobs, Claire Waxman, Ken Sutton, Women’s Aid, SafeLives, Rape Crisis and Hillsborough Law Now—that have engaged extensively with the shadow Front-Bench team on this Bill. I acknowledge the constructive tone with which the Minister has approached the legislation, as well as that of hon. Members who have contributed to our proceedings, particularly those who took the Bill through Committee. May I also congratulate my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson) on her relentless and persistent campaign on behalf of the victims of the infected blood scandal? She has won a tremendous victory for them this evening.

We will support the passage of the Bill. We have been calling on the Government to bring forward a victims Bill for over eight years. We do believe it is some progress, but it does not go far enough, and the Government could and should have gone further. I am sure we will return to those debates in the other place.

Question put and agreed to.

Bill accordingly read the Third time and passed.

Prison Capacity

Shabana Mahmood Excerpts

Monday 16th October 2023 Commons Chamber

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

Thank you very much, Madam Deputy Speaker, and I thank the Secretary of State for advance sight of his statement.

The Secretary of State was on his feet for about 15 minutes, his statement is about 2,500 words long, he did an op-ed at the weekend in The Telegraph, and there have been endless briefings to the media over the last few days. Yet in all that verbiage there has been not one word of apology to the British public for failing in the first duty of Government, which is to keep our citizens safe. As everybody knows, the first stage of rehabilitation is to acknowledge mistakes and make a sincere apology to those affected and let down by those actions, or, in the Secretary of State’s case, inactions. His failure to do so today is utterly inexcusable. It is a damning indictment of this Government’s collective failure.

Our prisons are completely full. We have been sounding the alarm for many years now, as overcrowding has skyrocketed. As of today, the public will undoubtedly be less safe. Although the Secretary of State has said that sentencing delays will apply only to those deemed “low risk”, he knows that in 2021 more than 20,000 offences were committed by those on bail, including more than 200 sexual offences. So the public need to know: what steps will he be taking to mitigate the risk of increased offending that will arise as a result of the delayed sentencing? How many cases in total are we talking about? How many of those involve sexual and violent crimes? What is the plan to reach out to victims and assure them that the convicted offender in their case will be taken off the streets as quickly as possible?

The reason we are in this position is that the Government have consistently broken their promises to deal with the rising prison population. As far back as 2016, the Government pledged to build 10,000 new prison places by 2020—the Public Accounts Committee found that they had managed just 206. So the Government went ahead and pledged 18,000 prison places, but still with no plan. A year later, they said that they would make it 20,000 by the mid-2020s. According to the latest figures, there are no more than 8,200 places set to be built by the end of 2025, which represents a shortfall of 60%. The Government have known about this problem not only for the whole time this Secretary of State has been in Parliament, but ever since the Prime Minister was the Chancellor, and they have done nothing. It beggars belief that the funding has been allocated but the Government still cannot get these prison places built—so much so that they are looking to rent space in prisons abroad, with no indication of how much that will cost. Given this woeful record, why should anyone believe that the Government will build those 20,000 prison places that we need? What update can the Secretary of State provide on the number of new prison places that are guaranteed to be built before the end of the year?

Will the Government consult on the changes to short sentences? Will any such consultation include victims? The Secretary of State knows that the use of community sentences has halved since 2011. How will the Government persuade the courts that these sentences are the solution? How can he reassure the public that this is not just a green light to offenders? He will know that this plan will take time to go through Parliament. What will his Government do in the immediate term to address the problem? So far, it sounds as though his plan is to move some prisoners abroad and to let others out early. Is that all he has got?

On the deportation of foreign national offenders, last year the Government managed to deport only 2,958 foreign national offenders, which is less than a third of the total number in our prisons and about half the annual number before the covid pandemic. Why should the public believe the Government when they claim that they can get a grip on the number of foreign national offenders in our prisons, given that they have failed to do so until now? What difference will bringing forward the deportation of foreign national offenders by six months make to the prison population—and by when? Let us be clear: the public need to know that today an offender—including, potentially, a sex offender—can go to court and be found guilty by a jury but instead of being locked up behind bars, where they belong, the inaction of this chaotic Conservative Government means that they can walk free. Can the Secretary of State tell the House today that not one individual convicted of a serious sexual offence is out on the streets as a result of a lack of prison places?

As the Secretary of State said, to govern is— [Interruption.]

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order.

[Shabana Mahmood]

As the Secretary of State acknowledged, to govern is to choose. His Government have chosen to fail victims and to fail the public. and to offer too little, too late to turn our failing criminal justice system around.

[Alex Chalk]

What a very disappointing response. I was surprised to hear that newfound interest in locking up rapists. Lest we forget, this Government are prosecuting more alleged rapists, convicting a higher proportion and imposing longer sentences than Labour, and ensuring that a higher proportion of those sentences is being spent behind bars.

It is important to aim off a little bit when looking at what is said in the Chamber by Labour Members. The hon. Lady refers to foreign national offenders, but I remember very well that back in 2020 we wanted to ensure that a plane full of rapists and murderers could leave the country, yet a letter came to the Prime Minister, saying:

“Dear Prime Minister, We, the undersigned,”—

have—

“grave concern over Home Office plans to deport 50 people”.

It went on to say:

“The flight and all future charter flights must be suspended”.

Shall we see who was on that flight, Madam Deputy Speaker? There was a man who had thrust a bottle into his victim’s face, leaving him scarred for life, in what was described as a “horrifying attack”—that is grievous bodily harm. Another person, who had been imprisoned for attacking a 17-year-old girl twice and abducting her, and who had sex with a 15-year-old, then lied about it and “vandalised” her life, according to her mother, was called “devious, callous and manipulative” by the judge. The hon. Lady signed a letter asking that he should not be deported. We will take no lessons from the Labour party in being tough on criminals. [Interruption.] She seems still to justify signing that letter. Does she not regret that decision? I think she might want to think about it again.

The Conservative party will get foreign national offenders out of this country. We have brought on the largest prison building programme since the Victorian era: 100 cells per week. [Interruption.]

Oral Answers to Questions

Shabana Mahmood Excerpts

Tuesday 12th September 2023 Commons Chamber

[Mr Speaker]

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

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

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

[Damian Hinds]

We take these matters extremely seriously. The independent investigation will of course look at the question the hon. Lady raised specifically about the 2019 incident to ensure that lessons were learned. If we look at the independent review of progress from His Majesty’s inspectorate, we see that progress has been made in Wandsworth, particularly on staffing, which I know has rightly been a matter of considerable public interest. There has been an increase of some 25% in staffing specifically at Wandsworth since 2017.

[Shabana Mahmood]

Years of warnings and years of inaction—I am afraid that rather sums the Government up. On Sunday, the Justice Secretary told us that 40 prisoners have been moved from Wandsworth, claiming that that was out of “an abundance of caution”. Will the Minister tell us how many other prisoners will have to be moved across the whole prison estate as a result of this escape? What the public want to see is not an abundance of caution after the fact of an escape but an abundance of certainty that the prison estate is secure. Is it?

[Damian Hinds]

It is. The hon. Lady would not expect me to get into a running commentary on transfer arrangements when we are talking about security. I want to reassure her, the House and the public that escapes from prisons are very rare, and much rarer now than they used to be. The number of escapes from prison in the last 13 years—since 2010—is considerably lower than it was in the 13 years before.

HMPPS Update

Shabana Mahmood Excerpts

Thursday 7th September 2023 Commons Chamber

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

I thank the Justice Secretary for advance sight of his statement, and I reiterate our support for the police and all those who are involved in the search to recapture Daniel Khalife. I very much hope that that search will be brought to a swift and successful conclusion so that the rest of the legal process may take place.

This is an extremely serious matter, and it has highlighted catastrophic and multiple failures in respect of not just this case, but our wider criminal justice system. It simply beggars belief that a man being held on suspected terror charges was able to escape prison by clinging to the bottom of a food delivery van. The simplest question for the Justice Secretary today is: how on earth was that allowed to happen? How is such an escape even possible? Nothing that he has said to the House so far gets us remotely close to a full answer to that central question.

I know the Justice Secretary will say when he responds to me that it is early days, that he has ordered the relevant investigations and that they must have some time to conclude. But with respect, it gives me no confidence that the Justice Secretary has today arrived with a list of basic questions that, frankly, he should already know some of the answers to and be able to share with the House. I note with complete agreement both what he said and your direction, Madam Deputy Speaker, that nothing must be said either in the Chamber or anywhere else that may prejudice any future trial or indeed the live operation that is currently under way, but the circumstances and the facts of the escape itself are a separate matter that is of legitimate and urgent concern to this House and to the wider public. That is separate from the nature of any and all charges that will form the basis of future trials or other investigations. The Justice Secretary really does need to give much fuller answers to the House, rather than a list of his own questions.

On the circumstances of the escape itself, can the Justice Secretary at least tell the House when he responds how many staff were on duty at Wandsworth prison yesterday? Is he confident and can he tell us that all the relevant searches were done and, where there are failures, the number of protocols that he is concerned may have been breached? Will his investigations assess the quality of the training and the experience of prison staff at HMP Wandsworth, and will he be bringing in any additional expertise to assist with those matters while he is getting on top of the facts himself?

In respect of the categorisation of this particular prisoner, why was a suspected terror offender held at a category B jail while on remand, despite many other suspected and indeed convicted terrorists being held in the high security estate? Why was Daniel Khalife moved from Belmarsh to Wandsworth? Can the Justice Secretary at least tell us whether a risk assessment was undertaken before any such move took place? That is at least a yes or a no answer. Can he tell us how many similar suspects are in category B or indeed in HMP Wandsworth, and what is the timescale for such an assessment?

In relation to the two urgent reviews, may I say to the Justice Secretary that, with respect, it should be a relatively short exercise to get across the detail of the total number of the current prison population at Wandsworth? The fact that he has not come to the House with even that small amount of detail is unacceptable.

On the location of all those charged with terror offences, will the Secretary of State tell us the total number of individuals who are considered to be in that category as of today, across the whole prison estate? When will that urgent review of those numbers—I hope he can share the total number—take place? I accept that he cannot share any details, but does he know the number of individuals who might be of concern and may need to be moved to a different location, given yesterday’s events?

I note that the Secretary of State has ordered a fuller investigation, but can he say anything about the terms of reference for such an investigation? What timescale does he envisage for that longer, fuller investigation? On the matter of independence, can he provide some reassurance that he will ensure that it will not be a case of him, and others who are ultimately responsible for this failure, marking their own homework? What consideration has he given to the independence and identity of who might be carrying out that investigation for him?

The developments of the past 24 hours have shown us yet another example of the Conservative mismanagement that has meant they are unable to run vast swathes of the public realm, whether that is schools, threatening our children’s education and learning, or now with a terror suspect on the loose. Ultimately, one of the main functions of a Government is to keep their citizens safe, and on the Secretary of State’s watch, courts are in crisis, probation is in crisis, the Crown Prosecution Service is in crisis, and prisons are in crisis. When will he get a grip?

[Alex Chalk]

I begin by welcoming the hon. Lady to her place, and I will try to address the points she raises. I was pleased to hear her remarks about not wanting to prejudice a future trial, because we must keep in mind that escape is a criminal offence. She asks whether there will be inquiries into the staff on duty and the quality of training. Absolutely; that is precisely what I have asked to take place. She asks whether additional expertise is in place. Yes, that is already in place in Wandsworth at the moment, assisting with the investigation. As I indicated in my opening remarks, I want to know who was on duty in the kitchens and at the gate, what protocol was in place, and whether it was applied. If it was not applied, why not? Those are all questions I have asked, and she can be assured that they will be answered.

On timing, I have already indicated that I want to have the preliminary answers on my desk by the end of this week. I will then be able to make a decision, considering all relevant information, about what can be put into the public domain. However, we have to proceed carefully and on the basis of evidence. I say that because the hon. Lady raised a question that was factually incorrect. She asked why Daniel Khalife was “moved from Belmarsh”, but he was never in Belmarsh. With respect, it is important that we do not proceed on the basis of misinformation, and I hope I make that point clear. I absolutely understand the proper public interest and points that are being raised. That is fine, but if the hon. Lady needs to ask me any questions about matters of detail, she has my number and she can call.

On who is held on the category B estate, that is exactly what I have asked of the inquiry that has been set up. I mean no discourtesy, but I think the hon. Lady may have misunderstood what I was suggesting by means of an inquiry. This is not an inquiry into the number of prisoners in Wandsworth, which is a matter of public record; this is about whether the right people are in Wandsworth, and whether those Wandsworth prisoners should be there or elsewhere. That is what needs to be answered.

On the independence of the investigation, of course that is right, and that is precisely why I have ordered it. In summary, this is a grave incident—the hon. Lady is right about that, and plenty of the points she raises are perfectly legitimate and we will get answers as quickly as possible. But we need to proceed on the basis of evidence, coolly and calmly, so that when Daniel Khalife is caught, as he will be, he will be brought to justice and justice will be done.

Oral Answers to Questions

Shabana Mahmood Excerpts

Tuesday 16th March 2021 Commons Chamber

[Alex Chalk]

It is important to note that six out of the seven recommendations were accepted in full. The freeze will not apply to those people earning under £24,000. When it comes to safety, which was the central premise of the hon. Lady’s question, we have to consider the conditions that make a difference to those valuable and professional officers on the landings. Do they feel safe? Do they have a body-worn camera? Do they have SPEAR—spontaneous protection enabling accelerated response—personal safety training? That is what we want to focus on, so they can get the protection they deserve.

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

What assessment he has made of the effectiveness of court fine deductions in reclaiming fines for people in receipt of universal credit.

[The Parliamentary Under-Secretary of State for Justice (Chris Philp)]

Deductions from benefit orders are made by the court, and when the court makes them, the judge will take into account the affordability and the means of the person who is having the deduction order made. Someone can, of course, make an application later to remit part or all of the deduction, if their personal circumstances have changed.

[Shabana Mahmood [V]]

I am grateful to the Minister for that answer, but he will know that the Government have ordered jobcentre staff to apply the maximum 30% deduction from universal credit for claimants who have to pay a court fine, regardless of their circumstances. This approach is failing on two fronts. It pushes vulnerable claimants further into poverty and recoups less money. The Ministry’s own data shows that the amount of money recouped in respect of court fines fell by over 13% between June and August last year, when the arbitrary 30% deduction was applied to all claimants. Does the Minister accept that this is the worst of all worlds, and will he begin urgent discussions with his counterparts in the Department for Work and Pensions to follow the data and allow local decision makers a greater degree of discretion as to how much is deducted from each individual claimant to pay a court fine?

[Chris Philp]

I ask the House to be aware that these deductions pay not only for fines, but for compensation to victims, and we should be mindful of that. These orders are ultimately made by a judge, who, in making the order, has discretion and will take someone’s circumstances into account. I repeat the point that I made previously: if someone is experiencing difficulty, it is always open to them to go back to the court to have the order remitted, either in part or in whole.