(1 day, 17 hours ago)
Commons ChamberRead Hansard Text Read Debate Ministerial Extracts
The Lord Chancellor and Secretary of State for Justice (Mr David Lammy)
I would like to make a statement on the release in error of Hadush Kebatu from HMP Chelmsford last Friday morning.
As the House will be aware, Mr Kebatu was apprehended by the Metropolitan police on Sunday morning in the Finsbury Park area of my constituency. He is back where he belongs: behind bars. I thank the Metropolitan police, Essex police and the British Transport police for their swift action to return him to custody, and the public who helped to locate Kebatu after the police appeal. I can tell the House that he will now be transported for deportation back to Ethiopia as quickly as possible. However, that does not change the fact that Mr Kebatu’s victims are rightly outraged about what has happened. I am livid on their behalf, and on behalf of the public. This was a mistake that should not have happened. The victims expect better, the public expect better, and this Government expect better from a critical public service, which plays a vital role in our first duty: to keep the British people safe and free from harm.
On Friday 24 October, Mr Kebatu was scheduled to be transferred from HMP Chelmsford to an immigration removal centre, from which he was to be deported. Due to what appears to have been human error, he was instead released into the community at 10.25 am. Shortly after 12 pm, concerns were raised about the release to the duty governor, and, following checks, staff were dispatched to locate him. When it became clear that he was no longer in the vicinity of the prison, Essex police were notified and a manhunt began.
His Majesty’s Prison and Probation Service instigated an immediate investigation, and I have asked for the initial findings to be with me this week. The House will appreciate that, in the meantime, there is a limit on what I can say. Members will be aware that there are national security considerations within a case like this. I will update the House in the appropriate way as soon as I can. What I can say today is that there must be, and there will be, accountability for what has happened.
When I was first informed of the release in error, I spoke immediately to the duty governor at HMP Chelmsford and senior HMPPS leaders in order to understand what was known and to seek assurances about the immediate measures being taken. I tasked my officials with working through the night and co-ordinated a response with the Home Office and the police, and I put on the record my thanks to the Home Secretary for her engagement over the weekend. I also chaired three operational meetings with the police, and on Sunday I was able to travel to Wood Green police station, just outside my constituency, to personally thank the police officers who caught Kebatu.
I have been clear from the outset that a mistake of this nature is unacceptable. We must get to the bottom of what happened and take immediate action to try to prevent similar releases in error in order to protect the public from harm. First, on Friday I instructed the chief executive officer of His Majesty’s Prison and Probation Service to carry out an urgent review to look at the checks that take place when a prisoner is released, and to identify immediate changes that could be made to the process, in order to mitigate the risks of release in error. As a result, HMPPS has taken steps to make these processes more robust. There will now be more direct senior accountability for ensuring that protocols and checks are correctly applied, including a clear checklist for governors to determine that every step has been followed the evening before any release takes place. These are the strongest release checks that have ever been in place. They will apply to every release from custody and are effective immediately.
Secondly, any foreign national offender being removed through the early removal scheme—the scheme through which Kebatu was supposed to be removed from the country—can now be discharged only when the duty governor is physically present, and there will be no ERS removals from HMP Chelmsford for the rest of this week.
Thirdly, I am today announcing that there will be an independent investigation by Dame Lynne Owens—I spoke to her yesterday. She is a former deputy commissioner of the Metropolitan police and a former director general of the National Crime Agency. She will fully establish the facts of Kebatu’s release and whether staff had sufficient experience, training and technology. She will also talk to the victims in this case to understand the effect that this incident had on them. Her report will highlight points of failure and make recommendations to help prevent further releases in error, which have been rising year on year since 2021—from an average of nine per month in 2023 to 17 per month in the period spanning January to June 2024.
I am clear that a single release in error is one too many, which is why we have launched this independent investigation. I can tell the House that it will have the same status as those into other prison incidents, including the awful attack on three prison officers at HMP Frankland in April and the escape of Daniel Khalife from HMP Wandsworth in 2023, under the last Government.
Releases in error are a symptom of the system that we inherited from the Conservative party. Jails were full—almost to breaking point—and there was the threat of a total collapse in law and order. The fact is that we were left with prisons reeling from historic funding reductions: a 24% real-terms cut between 2010 and 2015, and 30% cuts in staffing. Today, we have been left with over 50% of frontline prison officers having less than five years’ experience. When the system has been brought to its knees, it is little wonder that errors like this happen.
We must also be honest about how the previous Government’s approach to this crisis—piecemeal, complex emergency releases in the hope that the system would not collapse—has added a level of complexity and pressure that makes errors more likely. This Government have been transparent about the difficult decisions necessary to fix the mess for good so that prisons can keep us safe and future Governments need not find emergency solutions to free up capacity.
This Government have brought forward the Sentencing Bill, which is currently making its way through this House. It will ensure that we have a suitable criminal justice system, and one that can deliver punishment that works, cuts crime and keeps the public safe. This Government are also building 14,000 additional prison places, so that we have the capacity to lock up the most dangerous offenders. This is the largest prison expansion since the Victorian era, and let us be clear that there will be more people in prison at the end of this Parliament than there ever have been before. We have already built 2,500 additional prison places in just over a year, compared with the 500 added overall to the prison estate under the Tories.
We are deporting more foreign criminals than the last Government. We changed the law last month to speed up the early removal scheme—which, to be fair, the shadow Justice Secretary called for—so that most foreign prisoners can now be deported after serving 30% of their custodial sentence, rather than the previous 50%. Through the Sentencing Bill, we will go even further to deport foreign criminals as soon as possible after sentencing. I can confirm that, in the year to July 2025, we sent 5,179 foreign national offenders back to their countries of origin, which is a 14% increase on the previous 12 months. This frees up desperately needed prison places and saves the taxpayer the £54,000 per year it costs to hold an individual offender.
This context sets out the scale of the challenge, but I am clear that releases in error are not simply a fact of life. The public will not accept that and neither do the Government. We will get to the bottom of what happened in this case, and we will take whatever steps necessary to tackle the spike in releases in error, so that we can uphold the first duty of every Government, which is to keep the public safe from harm. I commend this statement to the House.
Madam Deputy Speaker (Judith Cummins)
I call the shadow Secretary of State.
Robert Jenrick (Newark) (Con)
Dear, oh dear, where to begin? This Justice Secretary could not deport the only small boat migrant who wanted—no, who tried—to be deported. Having been mistakenly released, Hadush Kebatu came back to prison asking to be deported not once, not twice, but five times, but he was turned away. The only illegal migrants this Government are stopping are those who actually want to leave the UK. His officials, briefing the press, called it “the mother of all—”. Yeah, they are not wrong, are they? Calamity Lammy strikes again. It is a national embarrassment.
Today the Justice Secretary feigns anger at what has happened. He says he is “livid” that Kebatu was mistakenly let out, but under his plans to abolish short prison sentences, which he forced through the Commons last week, Kebatu would never have even stepped foot in prison in the first place. Let us get it straight: we had the spectacle of the Metropolitan police scouring London to find a man the Justice Secretary is simultaneously legislating to avoid sending to prison. What an absolute farce! I must commend the Justice Secretary’s performance: it is truly BAFTA-worthy. He has perfected the art of performative outrage to a tee.
On Wednesday—[Interruption.] They may be laughing, but let me finish this point. On Wednesday, the Justice Secretary will force every one of his MPs to vote again on the Sentencing Bill, which will see hundreds of sex offenders just like Kebatu avoid prison altogether—sick men who destroy the lives of young girls, who steal their childhoods from them. They will be free to roam your communities to steal the childhoods of your constituents. I will tell you who will be livid then: the British public will be livid and they will know who is to blame.
The Justice Secretary says he has launched an inquiry into what has happened, but he should be able to provide some basic questions to the House now. With respect to the prison in question, HMP Chelmsford, there is clearly a very significant problem. In a previous internal audit at Chelmsford, officials had marked their own homework as “good”, yet inspectors rated it as of “serious concern”. What is the Justice Secretary going to do now to address the way in which problems in our prisons are covered up routinely or wished away?
On the inquiry itself, you will not be surprised to hear that I am—how shall I put this?—sceptical about this Government’s ability to conduct inquiries with any competence. Why are they limiting themselves to this particular security farce and not the other glaring errors, such as the doubling of drone sightings above prisons, the soaring assaults on prison officers or the rampant extremism we are now seeing in our jails?
Shocking as this accidental release is, it is not a one-off blunder. It has come to be the norm under this Government, as the number of prisoners mistakenly let out early has more than doubled. Will the Justice Secretary tell the House how many of the 262 prisoners let out mistakenly in the year to March were violent or sexual offenders? And how many are still at large? There are now record numbers of foreign nationals clogging up our prisons—more than under the last Government. How many of those 262 prisoners accidentally released are migrants, like Kebatu, who were awaiting deportation?
Can the Justice Secretary give the House his cast-iron assurance that this man will be deported from our country by the end of the week, as he promised on the news on Sunday? If he fails, will he take responsibility and resign? Lastly, on Tuesday the Justice Secretary blocked my amendment to release the migrant crime data. Does he now finally acknowledge that there is a link between the small boats and crime in this country? Will he call the small boats out for what they are: a national security emergency?
This man should never have been in our country in the first place. That is the truth. He should have been detained. He should have been deported. Instead, he was put up in a hotel in Epping and allowed to prey on schoolgirls. Now we learn that some Labour officials privately concede that they were wrong to scrap the Rwanda plan. Be in no doubt: from start to finish, the Kebatu fiasco was a creation entirely of Labour’s own making. So, I say to the Justice Secretary, there is no point coming to the House today professing to be livid at the consequences of your own policies. The British people, they can see straight through you.
Mr Lammy
This is a serious issue and that is why there will be a full independent investigation.
The shadow Justice Secretary—I will give him this—is smooth. But as my mother would have said, if he was chocolate he would lick himself. He should hang his head in shame. The crisis in our prisons that we face today is because of 14 years of failure under his Government. As they were packing their bags to leave office—he knows this—there were temporary release failures under his watch. They presided over 17 mistaken releases per month.
This did not happen overnight, and it was not inevitable; it was due to the choices made by the right hon. Gentleman’s party over 14 years of chaos. The Conservatives said that they were the Government of security and safety, but again and again they oversaw rising instances of violent crime and crumbling courts and prisons. They promised 20,000 extra prison places, and they managed only an extra 500—500 in 14 years. They promised to remove more foreign national offenders from our prisons, and they failed. They promised investment and expansion in the prison system, but budgets stalled. They promised investment in the police, but we saw police numbers cut by 20,000. They promised increases in access to justice, but we did not see that; instead, we saw almost the collapse of legal aid. Under the right hon. Gentleman’s watch, violence, self-harm and drug abuse went up in our prisons while prison officer numbers were cut, yet he has the brass neck to come here and give the impression that this problem started just 14 months ago.
Let me just pause there. William Fernandez, a sexual predator, was released in error in March 2021. After he was let out of prison, he raped a 16-year-old and sexually assaulted another young woman. Was there an independent investigation? No, not from the Conservatives. When Rayon Newby, another man who was mistakenly released from a category B prison, was released in error in March 2023, was there an independent investigation under the right hon. Gentleman’s watch? No, there was not. When Lauras Matiusovas was released in error in December 2021, was there any independent investigation? There was none at all. The right hon. Gentleman has some brass neck.
I have asked Lynne Owens to look at this incident and to do so in eight weeks, and we will of course come back to the House when that is done. All of what the right hon. Gentleman has said—looking at what happened over this period of time—will be subject to that review.
The right hon. Gentleman also says that the sentencing review will let out more foreign nationals, but he is wrong. We have actually brought down the threshold, so that someone can now be deported with just a suspended sentence. He knows that. If he reads clause 42 of the Sentencing Bill, he will understand that properly.
Madam Deputy Speaker (Judith Cummins)
I call the Chair of the Justice Committee.
Andy Slaughter (Hammersmith and Chiswick) (Lab)
Given the pressure on prison front desks and the complexity of rules for release, this was an accident waiting to happen. One thing that might bring down the number of releases in error is the digitising of prisoner records. On visits to prisons, Justice Committee members are often horrified to find staff relying on handwritten files. While some parts of the justice system are entertaining artificial intelligence, why are our prisons still run on pen and paper systems?
Mr Lammy
My hon. Friend raises an important point. As he knows, there is to this day largely no wi-fi or anything like that available on our prison sites, in part because of concerns over the use of technology by prisoners. For that reason, prisons use a paper-based system, which will always be subject to some human error. In the context of this continued early release scheme being done on the quiet under the previous Government, and indeed because of the changes that we are making in the Sentencing Bill, it is right that we have a proper look at this. I discussed this matter with Lynne Owens when we spoke yesterday.
Madam Deputy Speaker (Judith Cummins)
I call the Liberal Democrat spokesperson.
Jess Brown-Fuller (Chichester) (LD)
We Liberal Democrats are relieved that Kebatu has been recaptured after what must have been a terrifying few days for his victims, and we echo the Justice Secretary’s remarks thanking Essex police, the Metropolitan police and British Transport police. However, Kebatu’s recapture does not excuse the serious mistakes that caused his release to happen in the first place—it is totally unacceptable that the safety of the public was ever put at risk.
HMP Chelmsford is a remand prison that regularly deals with prisoners coming and going, and it should therefore be highly capable of handling situations like this. Yet we know from His Majesty’s chief inspector of prisons that there are deep-seated inadequacies at Chelmsford, including inexperienced staff and a lack of adequate training, identified especially in pre-release documents. At the same time, we have seen worrying trends nationally in mistaken prisoner releases, with 262 prisoners released by accident in 2025, up from 115 the previous year.
We Liberal Democrats recognise that the Government inherited a mess when it comes to prisons, but they should have taken serious steps to address the shortfalls and staffing issues in prisons, which are now clearly putting the public at risk. What steps are the Secretary of State’s Government taking to address work culture and training issues in our prisons, especially prisons such as HMP Chelmsford where concerns had already been raised?
I welcome the Secretary of State’s announcement of an independent investigation, following repeated calls by my hon. Friend the Member for Chelmsford (Marie Goldman), whose constituents were put at risk, but will he confirm what consequences those found at fault will face? Also, pending the outcome of the investigation, does he agree that anyone responsible should face the sack? Does he believe that the new safeguards he is putting in place will prevent this from ever happening again?
Finally, Kebatu’s victims will have spent the weekend incredibly distressed. What support was provided to those victims and their families over the weekend when they were aware of the perpetrator being at large, and will that support continue?
Mr Lammy
I am very grateful to the hon. Lady for the tone of her remarks. She is right that what happened was entirely unacceptable, and understandably the victims of Kebatu’s crimes and their families would have been very anxious over the course of the weekend. The public at large would also have been very anxious, particularly women and children. She is right that there are issues in our prisons; 50% of our prison staff are effectively new on the job as a result of what we inherited from the Conservatives. It is important that we give them the appropriate support and training over this period.
The hon. Lady knows, because I have said it from the Dispatch Box, that it is our intention to grow the number of prison places—14,000 places by 2031—and build new prisons. In that context, it is also important that we grow the number of officers and support them. The hon. Lady knows too the importance of probation in this context, and the £700 million we have allocated to support our Probation Service at this time is really important. She will recognise that, in a system that releases 57,000 prisoners every year, many prisoners are released appropriately under licence. Some of them are reporting to probation or at home or for tags, and many of them—a proportion that has gone up—are reporting for early removal. For all those reasons it is important that Lynne Owens gets to the bottom of what happened in this circumstance.
Matt Bishop (Forest of Dean) (Lab)
On the weekend we heard Conservative Members talking about the Labour party releasing this prisoner early. That is a rather silly comment, as the Labour party did not release anybody. Does the Secretary of State agree that what has caused, created and contributed to the problems that have enabled these mistakes to happen has not come from the 14 months we have been in power but from the 14 years of austerity and cuts that the Conservatives oversaw?
Mr Lammy
As a statement of fact, the Conservatives recognise that the inheritance we had in this context was poor. The public want to ensure that whoever is in government keeps them safe and that people are not being released from prison in the wrong way. That is why it is important that there is a full and independent investigation into this incident and that the system learns lessons from it. I listed previous cases where there was no full or independent investigation. We could have learned from these cases earlier if the Conservatives had acted.
Sir Edward Leigh (Gainsborough) (Con)
The crisis of small boats crossing the channel is utterly debilitating and is alienating millions of people from the whole political process. Imagine how the whole atmosphere would have lightened if the Government had come here today and said, “This sort of farce cannot continue. We will get out of any convention, and from midnight tonight if you land illegally on these shores, you will be detained and deported immediately back to where you have come from.”
I want to ask about a particular constituency point. Such is the crisis around how to house these people that there are reports today in The Times and other newspapers that the Government are thinking of opening disused military sites and are looking at two or three in particular. The Government gave a solemn promise that they would not use RAF Scampton to house illegal migrants. Will the Secretary of State confirm that that solemn promise still stands?
Mr Lammy
The right hon. Gentleman will have heard the Housing Secretary this morning talking about how we are looking at military sites. We are looking at a number of them intently. I am afraid that I am unable to give him reassurance in relation to his constituency because I have not got the list in front of me, but I will ensure that the appropriate Minister makes contact with him.
Warinder Juss (Wolverhampton West) (Lab)
It is deeply concerning that a dangerous criminal was released on to the streets—that should not have happened—but I thank the Deputy Prime Minister for his honest assessment of what happened and for acknowledging that it was wrong. Does he agree that we are dealing with 14 years of Tory neglect with overcrowded and understaffed prisons, and that when things go wrong—as they have done—it is essential that we take swift and decisive action so that the public’s trust in the justice system is maintained, and that that is exactly what we are doing now?
Mr Lammy
I am grateful to my hon. Friend. The truth is that, under this Government in our first year in office, more than 5,100 foreign national offenders were removed from this country. We have removed 2,500 more from prison than in recent times. Under the last Government, there were 800 releases in error and no full independent investigation. That is the truth. It is on this watch that we are going to change that.
Marie Goldman (Chelmsford) (LD)
The trial, sentencing and mistaken release of Hadush Kebatu all took place in the heart of my constituency, and it is entirely unacceptable. First, I thank Essex police, British Transport police and the Metropolitan police, as well as the public for their vigilance, for ensuring that he was apprehended and will now be deported. I welcome the announcement of an independent investigation, but the Government must ensure that any recommendations are implemented in full without delay and not just left to gather dust on a bookshelf. On prison leadership, does the Justice Secretary agree that scapegoating a single prison officer for systemic failure is unacceptable and that if leaders—including prison governors—are found to be at fault, they should resign?
Mr Lammy
I am grateful to the hon. Lady. I know that this case has been shocking for her constituents and that the reports and scenes of this prisoner wandering around Chelmsford will have been incredibly disturbing; particularly so for the victims of the crime. I know that she has spoken to the Prisons Minister—I grateful that she reached out as she did—and I think that she has spoken to the governor as well.
We have suspended the officer involved pending an investigation—that must be right and proper—but I hope the hon. Lady will recognise that, having asked Dame Lynne Owens to look at this case closely, we will of course take seriously her recommendations. I will ensure that the House can fully scrutinise those recommendations when they come forward.
Kim Johnson (Liverpool Riverside) (Lab)
The case of Kebatu has exposed deep failings in our prison system as a result—as we have heard—of 14 years of failure by the previous Tory Government. Those failings were made worse by chronic staff shortages.
The immediate, reckless skilled visa rule change risks forcing hundreds of experienced overseas officers out of the service overnight. At HMP Liverpool, 40% of staff could be affected. Will the Secretary of State explain how stripping our prisons of trained staff will make them safer or help prevent further failures like those seen in Mr Kebatu’s case?
Dr Neil Hudson (Epping Forest) (Con)
My thoughts are with the victims of this sex offender’s crimes, including the 14-year-old Epping schoolgirl. They and their families want answers as to how this major breach could have happened. The Prime Minister and the Justice Secretary have said that they were “appalled” and “livid”. Well, that is great—so is everyone—but Ministers are not commentators; they are in charge and ultimately they are accountable. This issue has not gone away for the people of Epping. The twice-weekly protests continue. No one wants our town to be repeatedly the lead story in the news, but the events of recent days have again raised community anxiety and distress. Will the Government now get a grip on this issue, address the illegal immigration crisis that has spun out of control on their watch, and do the right and safe thing and close the Bell hotel immediately?
Mr Lammy
The hon. Gentleman was right, at the beginning of his question, to centre the victims of these crimes and their anxiety, and to hold that dear. That is why the first thing I said to Lynne Owens was that she should reach out to those victims and hear from them as she went about her work. I know Epping very well, and I am quite sure that the hon. Gentleman’s constituents know that the crisis that we inherited began under the last Government. Their discontent with asylum and immigration—the inability of the last Government to deal with the gangs and the collapse of the Rwanda scheme—and the outrage of asylum hotels all began under the last Government, and he knows that as well as I do.
Chris Webb (Blackpool South) (Lab)
I thank my right hon. Friend for coming to the House today to address this serious issue. Many of my constituents raised it with me over the weekend. I notice that not a single Member from Reform is here, especially not the hon. Member for Runcorn and Helsby (Sarah Pochin). I am assuming that she is still running scared after her horrific racist remarks over the weekend. Can the Secretary of State confirm that the deportation of Kebatu will proceed unhindered and without delay—
Madam Deputy Speaker (Judith Cummins)
Order. I ask the hon. Gentleman to ponder his words. I suggest that he withdraws the remark that he has just made about another hon. Member.
Chris Webb
On your advice, Madam Deputy Speaker, I withdraw that remark. To finish my question, will the Secretary of State ensure that there is a swift plan, so that when mistakes are made we can ensure that public trust in the justice system is retained?
Mr Lammy
My hon. Friend is right, and it is hugely important to put this in the context not only of the victims, who will have been anxious, but of the inheritance of the backlog in our courts that is preventing people from getting justice. He is also right to reference the hon. Member for Runcorn and Helsby, who I see is not in her seat despite her very inflammatory statements over the weekend.
Sir Ashley Fox (Bridgwater) (Con)
It is outrageous that Kebatu was not deported at the end of his sentence. What is worse is that the number of prisoners released by mistake has more than doubled under this Government. If the Justice Secretary is determined to release thousands more prisoners early, how confident is he that this mistake will not be repeated again and again on his watch?
Mr Lammy
There is actually a point of agreement between the two main parties: that foreign national offenders who commit crimes should be deported as quickly as possible. We are attempting to do that with the Sentencing Bill. The shadow Justice Secretary has raised that matter, and it is one point, at least, of agreement. I am serious about getting to grips with the early release issue and am serious when I say, and the hon. Member knows this, that this story began before we came to office. It is why one of our most senior police officers will be looking at this issue and, of course, we will take all her recommendations seriously. It is hugely important that the public sees the system working and that they feel safe.
Paul Waugh (Rochdale) (Lab/Co-op)
Hadush Kebatu is clearly a depraved individual and a dangerous pervert who should be booted out of the country without delay. But my constituents are sick and tired of having to foot the bill for the cost of housing foreign national offenders in British jails. Will the Home Secretary therefore reassure them that the Sentencing Bill will make it much easier to deport those individuals and ensure that they are in foreign jails where they belong, rather than clogging up our prisons?
Mr Lammy
My hon. Friend is exactly right. It costs £54,000 a year to have any individual in prison in our country—that is a lot of money. That is why it is important that we reduce the period that they are in our country, and that once they have been convicted and served 30% of their time, we can deport them back to where they come from. That is, of course, where Kebatu should be and what he should experience over the course of the next few days.
Richard Foord (Honiton and Sidmouth) (LD)
The breakout from prison of Hadush Kebatu sounds less like “The Great Escape” and more like “Fawlty Towers”. It has helped bring to light that 262 prisoners were released by mistake last year and 115 the year before. On mistaken releases, what assurance can the Justice Secretary offer that the responsible contractors or subcontractors will be subject to the sort of financial penalties that motivate them to prevent further mistakes from happening?
Mr Lammy
I am not sure in this circumstance that this was subcontracted. The hon. Member will understand that when we look at the 56,000 or so prisoners who are released from prison, many are being released into the hands of probation and asked to report to a probation office. Some are released for time served. There are housing and employment assessment needs. Many are tagged at home. He is right on what is behind his question. For some reason, Kebatu found himself in the wrong stream because for foreign national offenders, it is an immigration removal centre and it is off on a plane, and that is what should have happened.
Jess Asato (Lowestoft) (Lab)
I welcome the fact that Dame Lynne Owens will be speaking to the victims of Kebatu to understand the impact on them, but will the Deputy Prime Minister confirm whether the previous Government made any steps to speak with victims affected by prison release errors that happened on their watch due to the system being starved of funding?
Mr Lammy
There were many cases of early prisoner release. As I said before, whether it was William Fernandez in March 2021, Rayon Newby in March 2023 or Lauras Matiusovas in December 2021, there were no independent investigations under the last Government. Very little was said or, it would seem, learned even though 800 prisoners were released early. This story goes back a long way. It is in part because of the scheme set up under the last Government, which was revised four times in the run-up to the general election, and it is why we must take a thorough look and reassure the public.
Simon Hoare (North Dorset) (Con)
The Justice Secretary will know that police operational independence, free from political interference, is crucial and is enshrined in the police protocol. Yet, on page three of the statement which the Secretary of State just gave, he told us—I checked against delivery—that over the weekend he
“chaired three operational meetings with the police”.
What has changed?
Mr Lammy
The hon. Gentleman has tremendous experience in this Chamber, and I think he would think it was extremely lackadaisical if the Justice Secretary did not seek an operational update from the police over the course of the weekend, when this was at the top of the news cycle and of huge anxiety. Of course, operational matters are for the police, but I am hugely grateful, as I said to Mark Rowley this morning, and I was very pleased that local officers in the London borough of Haringey were able to detain Kebatu, which is why I went up to Wood Green to thank them personally for what they had done.
Jonathan Davies (Mid Derbyshire) (Lab)
The erroneous release of this individual was an appalling error. I am grateful that he has been caught and that the Justice Secretary will take steps to get to the bottom of what went wrong in this case. I will be grateful if he comes back to the House in due course to report on his findings.
When they started last year, this Government inherited an appalling situation in respect of the prison estate, with prisons fit to bursting and short of staff. Perhaps that is why the general election came when it did, rather than in the autumn, because there would have had to have been a prisoner release scheme under the previous Government later that year.
I am sick of people coming to my constituency surgeries who have been victims of crime but feel that justice is not being done. I urge my right hon. Friend to redouble his efforts to build up the number of prison places, but also to take steps to ensure that, certainly at lower levels of crime, people do not get into crime in the first place, because that is how we will save money in the long run.
Mr Lammy
My hon. Friend is right to mention the end of the early supervised licence scheme that was set up by the last Government and revised four times, and under which 10,000 people were released. It was effectively done on the quiet, in a chaotic way, and that is when we began to see the spike. It is not about making partisan or political points, but the truth is that we all know that the prison system that we inherited was in a dire situation. We now need to get a grip where mistakes are being made, which is why the officer involved has been suspended under investigation, the checks and balances in place are now the toughest we have had, we are asking duty governors to look at cases the night before, particularly in relation to foreign national offenders, and we have Dame Lynne Owens doing a further investigation.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
I put on the record my role as the co-chair of the justice unions parliamentary group. Everyone here will want to make sure that this kind of outrageous error never happens again. The chief inspector of prisons warned today of a “systematic problem” of increased releases in error, citing “very busy people, often quite inexperienced, with huge caseloads”. He also warned that prisons are dependent on west African officers whom we might now lose thanks to the changes to visa thresholds that are expected to cause “an enormously damaging effect” on some prisons. With that in mind—because the Government have control over it—will the Justice Secretary press the Home Office to look again at how changes to the skilled workers visa are directly causing prison staff shortages and worsening prison performance?
Mr Lammy
I am grateful to the right hon. Lady for putting on the record the challenge we have with junior staff. I am very grateful for the work in our prison system of those staff, who are much beloved, who have come from west Africa, largely Nigeria, to support the system for a period of time. I recognise the challenges that the right hon. Lady articulates and, of course, as she would expect, all such matters are under discussion.
Chris Vince (Harlow) (Lab/Co-op)
I thank my right hon. Friend for his statement, and I thank the hon. Member for Epping Forest (Dr Hudson) for starting his question with a recognition that the situation really affects the victims of this terrible crime. We all need to recognise the devastating effect on the families and those who are victims of crime when the person who committed those crimes is released in this way. What reassurance can my right hon. Friend give to residents in my constituency that this Government will finally get on the front foot when it comes to this issue and tackle it?
Mr Lammy
I begin by congratulating my hon. Friend; he has just returned from paternity leave. I know his constituency of Harlow very well—I think it has one of the highest proportions of Spurs supporters in the country—and I know that folk will have taken this very seriously. I want to reassure them that we have asked one of our best senior police officers to lead the review, and we have put in place immediate checks in the system that are the toughest that have ever been in place for release. Of course the officer involved has had to be suspended pending that full investigation, and the Prison Service itself has immediately begun its own investigation and will report to me later this week.
Sir Julian Lewis (New Forest East) (Con)
Mr Kebatu came to this country by small boat, allegedly because he was seeking asylum against oppression in Ethiopia. At his trial, however, he changed his mind and decided he would rather be back in Ethiopia. What bothers me about the state of our immigration system is that if, after he has been punished in Ethiopia, he hops on another small boat and comes back again and says that he is seeking asylum because, as a result of his conviction for sexual crimes, he faces disapproval and possibly persecution in Ethiopia, we would have to go through this farce all over again, wouldn’t we?
Mr Lammy
I recognise the concern that may well be on the minds of the right hon. Gentleman’s constituents, and indeed mine, but the biometric system that we have in place should alleviate that of course. The right hon. Gentleman is right that Mr Kebatu said in the trial that he wanted to go back to Ethiopia, and that is where he now belongs.
Siân Berry (Brighton Pavilion) (Green)
The Secretary of State rightly talks about prisons reeling from historic funding and staffing cuts, yet he admits that other current Ministers have added to this problem by changing the visa rules in July, which will force many overseas prison officers out of the country. He just called them “much beloved” staff and just said that he recognises the challenges, so will he confirm that he has asked the Home Secretary to look again at her visa changes for these prison officers?
Mr Lammy
It is my job to ensure that we have the right amount of prison officers in the system and that they are supported to do their job. Of course the hon. Lady would expect that that is a No. 1 priority for the Department: the right number of prison officers to do the job, recognising that many of them now have little experience as a result of the changes that were made under the last Government, but also the right number of probation staff, and we are doing both.
Wendy Morton (Aldridge-Brownhills) (Con)
Kebatu’s accidental release is beyond belief; it is a national embarrassment. But what I have found really disturbing has been sitting here on the Back Benches watching the Justice Secretary laugh at some of the responses. I find that wholly unpalatable and am left wondering what the victims must be thinking. When will he resign?
Jim Allister (North Antrim) (TUV)
I think we all know that it is the notoriety of the Kebatu case which has brought the Justice Secretary to the House today, but we also know that there were 262 such wrongful releases in 2024-25. How many independent investigations were held into any of those and with what result, and how have we got to the point where, on average, we have five wrongful releases per week? Shouldn’t action have been taken long ago?
Lewis Cocking (Broxbourne) (Con)
The fundamental responsibility of any Government is to keep their citizens safe, but—from the mistaken release of a dangerous foreign sex offender to scrapping future prison sentences for over half of offenders—which side is Labour on? Is it on the side of the hard-working, law-abiding British public, or the criminals who target and exploit them?
Mr Lammy
After the horrific legacy left by the last Government, I think that the hon. Gentleman’s constituents will be pleased that we are increasing the number of prison places, that we are reversing some of the cuts made under last Government, that the Sentencing Bill is passing through Parliament and that we have come forward with a courts Bill. Those measures are all to deal with the chaos that we inherited in our justice system. I have got to tell the hon. Gentleman: his question is really rich when it was his party that cut 20,000 police officers in our country.
Mark Pritchard (The Wrekin) (Con)
May I say to the Justice Secretary that referring to the last Government’s record is wearing a bit thin? This Government have been in power for over 12 months, so what he says is not going to wash with the British public. May I also say to him that I think he does his calm better than he does his livid?
In response to my hon. Friend the Member for North Dorset (Simon Hoare), I think he paraphrased his own statement, but his statement clearly says:
“Over the weekend, I chaired three operational meetings with the police.”
Hon. Members will know that we can attend strategy meetings, but we never interfere with operational matters. The House, members of the public and police officers deserve clarity about that. He also said:
“Members will be aware that there are national security considerations within a case like this.”
We are talking about a criminal conviction made in open court, so what are those national security implications?
Finally—so he knows that I have not been too tough on him today—I commend his decision to appoint Dame Lynne Owens; she is a first-class public servant.
Mr Lammy
Despite the nature of the right hon. Gentleman’s questioning, he and I are actually friends. I think it was important that the police were able to give me an operational update, and I thank the Metropolitan police, Essex police and the British Transport police for their work, which I am sure his constituents value. I am sorry that he does not want me to mention the record of the last Government, but I have a feeling that when he was sitting on the Government Benches, he was hugely disappointed with their record on crime and on the justice system.
Mr Gagan Mohindra (South West Hertfordshire) (Con)
As the House will be aware, I was once an Epping Forest district councillor and an Essex county councillor, so I know both Epping and Chelmsford. Given the high-profile nature of this case, public confidence is at an all-time low. Did the Justice Secretary consider his position? If not, why not?
Mr Lammy
I really think that is a ridiculous question. The hon. Gentleman knows that the answer is no. What I considered carefully was what my predecessors were up to in the last Government to allow the spike and do nothing about it. When I looked at the cases—particularly the case involving someone who was let out and went on to commit a sexual assault—I wondered why no independent investigations were set up then.
Mr Paul Kohler (Wimbledon) (LD)
As the Justice Secretary admits, there is a staffing crisis in our prisons that his Government inherited from the brass-necked Tories. Over a third of prison officers now have less than two years’ experience. With too many officers leaving the profession and too few joining, is it any wonder that mistakes like this happen increasingly frequently? While the Ministry of Justice has sought to address the prison officer shortfall by recruiting overseas, the Home Office, as we have heard, is undermining those actions by raising the payment threshold for the skilled worker visa. I have a simple question. Is the Justice Secretary asking the Home Office to add prison officers to the skills shortage list—yes or no?
Mr Lammy
As I have said, it is right and proper that the Home Office has a thorough regime for skilled workers, and I support it in that endeavour. It is also important that we have the bank of prison officers that we need, and it is my job to ensure that we have that, whether they are able to come from abroad or—as the vast majority do—from our own country.
Dr Luke Evans (Hinckley and Bosworth) (Con)
There are almost a dozen pages in the statement and the Secretary of State has taken questions for almost an hour, but there is one word that I have not heard: “sorry”. That is really important, particularly for the 14-year-old victim and her father. The Justice Secretary has said a number of times that he has personally reached out and thanked the police. Has he personally reached out to the victims? Has he tried to speak to them? Has he tried to say sorry?
Mr Lammy
Of course I am sorry—sorry that any victim of crime had the anxious weekend that they had. It was important for me to ensure that police liaison were in touch with them, and I am grateful to Essex police for doing that. It is also important to me that Lynne Owens is able to speak to them so that their concerns are reflected in her full and final report.
Dr Caroline Johnson (Sleaford and North Hykeham) (Con)
How many of those released in error under this Labour Government are still at large?
Mr Lammy
As the hon. Lady would expect, a number of people are released under different regimes: some will be released at home and will, hopefully, lead productive lives; others will be back in prison; and some are recalled under licence. All that will be examined by the independent, full investigation.
Jim Shannon (Strangford) (DUP)
The fact of the matter is that some 262 prisoners were freed in error in the year to March, which is almost an epidemic. That is compared with 115 in the previous year—a increase of 128%, according to data from the Ministry of Justice. The Justice Secretary knows that I have absolute respect for him, but does he accept that this is absolutely shameful? It exemplifies the changes needed in our justice system: to restore justice, and to remind people that the penalty for crime is to lose their way of life and their rights. Those who commit crime should not simply to be placed in a holding cell to tap their fingers and wait while serving a fraction of their sentence, hoping that they are one of the growing number simply to be sent home without being rehabilitated; rather, they should be detained in the system.
Mr Lammy
I associate myself with all the remarks made by the hon. Gentleman. He is completely right; this is totally, totally unacceptable. People who commit crimes deserve to be punished. I think the public also want them to be rehabilitated—it has got to be punishment that works—and to be released in an appropriate fashion into the community or sent back to their country in the appropriate way. We have to ensure that the system gets that right every single time.