Sentencing Bill

(Limited Text - Ministerial Extracts only)

Report stage
Wednesday 29th October 2025 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Jake Richards)]

indicated assent.

[Dr Mullan]

I note that the Minister is nodding.

We can ensure that criminals know that the fullest possible consequences of the law will follow if they murder a police or prison officer simply because they were doing their job.

New clause 20 seeks to establish notification and offender management requirements for those convicted of child cruelty offences, in effect creating a system similar to the sex offenders register for individuals who have abused and neglected children. I want to be clear why this matters. Every one of us in this House knows that behind the legal language of child cruelty or abuse lie some of the most distressing and life-altering crimes imaginable—crimes in which a child, utterly dependent and vulnerable, gets the worst instead of the best, often from those who are supposed to love and care for them.

This measure will not fix everything—sadly, that is not the world we live in—but before us there is a clear and proven step we can take towards improving how we protect our children. At present, if somebody is convicted of a sexual offence against a child, they are rightly placed on the sex offenders register. They are required to keep the police informed of their whereabouts, their identity and any change to their circumstances, including whether they live with children.

The requirement sits separately from probation requirements. If a person is convicted of an offence to which the requirements apply and receives a prison sentence of 13 months or more, the notification requirements are indefinite. That allows the police service, along with other agencies, better to assess and manage risk and ultimately to protect children and others from harm. If a person is convicted of horrific physical abuse, of neglect, or of causing a child’s death through sustained cruelty, there is no equivalent requirement. Once their sentence and probation is over, they can disappear into the community with no requirement to report where they live, no oversight by those who might need to protect other children, and no legal mechanism for ongoing management. That is a clear gap in our child protection system, and new clause 20 would correct it.

A person convicted of any of the listed child cruelty or violence offences, including causing or allowing the death of a child or vulnerable adult, child cruelty or neglect, infanticide, exposing children whereby life is endangered, and female genital mutilation, would be required to notify the police of their details within three days of conviction or release. They would have to confirm where they live, any other addresses they use and any names that they go by. They would have to keep that information up to date and confirm it annually, just as child sex offenders already do.

Importantly, that information could be shared between the police and other agencies that work to safeguard children. That would give local law enforcement the information it needs to identify the risk that individuals could pose to the local community and to intervene with any precautionary measures early to protect children before harm could come. It would offer greater protection to the public by ensuring that those who have committed abuse and cruelty to children are treated in the same manner as those who have committed sexual abuse.

Let me say a few words about the reason why we are considering this measure and about an extraordinary lady called Paula Hudgell. Paula Hudgell’s name has been spoken before in this House. She is the adoptive mother of 11-year-old Tony Hudgell, who had both legs amputated after abuse by his birth parents. She has previously campaigned successfully for tougher sentences to be available for child abuse offences, for which she was awarded an OBE. When Paula adopted Tony, the criminals responsible for what happened to him—his birth parents—were not even going to be prosecuted. Paula told me that if anyone had done to her birth children what they had done to Tony, she would have done everything that she could to pursue justice, and that Tony was no different, even though he was adopted. That is exactly what she did for him, and in the end his birth parents were convicted. The maximum sentence they received appalled Paula, and her first campaign began, to change that maximum to a life sentence.

However, during the course of her campaigning and from getting to see the parole system and what it can do to monitor people after they have served their sentence, Paula got an incredible insight into the system’s flaws and what needed to change. Discussing it with a police officer, Becki Taft—I also pay tribute to her—who Paula got to know during the course of the prosecution, they both recognised the glaring omission that we are seeking to remedy today, so Paula acted. She is continuing to act despite facing enormous challenges in her personal circumstances, as she is undergoing treatment for cancer that can no longer be cured. Paula said:

“I’ve been battling cancer, but as long as I have fire in my belly, I’ll keep fighting to protect children by pushing for this register. That’s what keeps me going—knowing that Tony’s legacy can help save other young lives.”

She is an incredible woman who I am honoured to have gotten to know, and her MP, the shadow Solicitor General, my hon. Friend the Member for Maidstone and Malling (Helen Grant), has done so much to help Paula turn her campaign into words on a page—into legislation we can pass. She is someone I am pleased to be able to call a friend.

I sincerely thank the Justice Secretary for taking a direct interest in this issue, and I am sure that the Minister will also want to closely consider it. I want to ensure that the strength of feeling among Conservative Members and others is reflected in the Lobby tonight. It may be that the Government are not ready to support this measure this evening. Labour MPs may feel that that is reasonable at this stage, but I would welcome a commitment from the Dispatch Box that will enable me to conclude that we can agree to work cross-party in the other place to get this done.

I look forward to the rest of the debate, and to considering amendments tabled by other Members. I hope I have been able to clearly explain our proposals, which relate to prison and police officer whole life orders and the child cruelty register. However, whatever else this Bill achieves and whatever else we might reasonably disagree on, at the heart of the Bill is the biggest step backwards in securing justice for the victims of serious crime in a generation. For it to pass unamended would represent a betrayal of victims. I do not believe that Labour Members want that, and it is not too late. I am confident that the Lords will not let this Bill pass unamended, so at some point, Labour MPs will again be able to decide to say no to the Prime Minister and his plan.

MPs always have choices, and this Government spend £1 trillion a year on various services. Whatever the positive and honourable intentions Labour Members have when it comes to securing justice for victims, and whatever positive measures they suggest, they will be disastrously undone if they do not work collaboratively to make clear that they will not support measures that will let thousands of serious violent and sexual offenders out of prison earlier.

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This is a serious issue. It is a serious issue for me and for my constituents, but it is also a serious constitutional issue that the House has yet to face up to. It does not just affect article 2 of the Windsor framework; it affects the very fact that there are 300 areas of law—shaping much of our economy in Northern Ireland and certainly controlling our trade laws—which are beyond the reach of the sovereignty of the House, and which lie at the whim and the wish of a foreign Parliament. That should offend each one of us, as Members of this House, and it should so offend us that we determine to do something about righting that wrong.

[Jake Richards]

I thank all Members who have contributed to the debate. This Bill is a landmark piece of legislation that gives us the chance to put an end to the prison capacity crisis and build a better justice system. Let me be clear at the outset: this Government believe that prison can work, which is why we are undertaking the largest prison building programme since the Victorian era. Many offenders must be sent to prison, some for a very long time and some for the rest of their lives. The Government have already opened 2,500 places since coming to office, and we have made a commitment to build 14,000 more. Despite what has been said by Opposition Members, by the end of this Parliament, under a Labour Government, there will be more criminals in our prisons than ever before.

However, we cannot only build our way out of this crisis; we must reform sentencing to ensure that our criminal justice system is sustainable. The changes in this Bill will ensure that we never face the situation that the Conservatives left behind: the very real prospect that the most serious offenders would not face prison at all. In a competitive field, the state that the last Government left our prisons in was perhaps the most appalling aspect of the Tory legacy. It was so appalling that, when the former Prime Minister, the right hon. Member for Richmond and Northallerton (Rishi Sunak), became aware of the scale of the crisis, he gave up and called an election. It was the last shameful act of a vandalising, incompetent Government. This Bill represents the work of a Government pulling up their sleeves and getting on with the job, however difficult that may be.

[Lizzi Collinge (Morecambe and Lunesdale) (Lab)]

I really welcome this Sentencing Bill, because I think my constituents want not only criminals being punished for their crimes, but the prevention of future crime. It should be about not just punishment—which is rightly owed to a lot of people—but making sure that our communities are safe in the future. Could the Minister lay out how the intensive supervision courts in the Bill will help to do that?

[Jake Richards]

My hon. Friend is absolutely right; this Bill will not only stabilise the prison system, but go further and tackle reoffending. She mentioned the intensive supervision courts, but there are also our reforms to short-term sentences, which will cut reoffending. We know it will do that because of evidence that the last Conservative Government commissioned. That was why the exact provision on short-term sentencing, which the Tories are all howling with outrage at now, was in the legislation that the last Government put forward—completely hypocritical. My hon. Friend is completely right; this Bill represents a Government who step up to the challenge, rather than putting their head in the sand.

I want to turn to some of the amendments and the specific points of debate that we have heard today, starting with new clause 20, which stands in the name of the hon. Member for Bexhill and Battle (Dr Mullan). However, I will begin by paying tribute to the hon. Member for Maidstone and Malling (Helen Grant), who has put her name to that amendment and with whom I have had the pleasure of speaking on numerous occasions this week in the build-up to the debate. The hon. Lady spoke incredibly powerfully about her own experience in the family courts, and I share that experience. Before coming to this place, I was a barrister who spent a lot of time on legal aid cases, representing local authorities, family members or guardians in exactly the types of cases that she mentioned. I share her concerns.

I also want to pay tribute to the hon. Lady’s constituent, Paula Hudgell, who has been campaigning for a child abuse register with such eloquence and passion for some time. Paula’s work, life and dedication to Tony and others deserves enormous gratitude from across the House. On the Government’s behalf, I thank her for all that she and her family have done and continue to do. I welcome the constructive comments from the shadow Minister, the hon. Member for Bexhill and Battle, on this issue. I can be clear that Paula has identified a problem in the system, and we are determined to fix it.

[Liz Twist (Blaydon and Consett) (Lab)]

I welcome the Minister’s comments on new clause 20 and a possible child protection register. My constituents Gemma Chappell and Rachael Walls have been campaigning for stronger child protection measures after their great-niece, Maya, was murdered by her mother’s abusive partner. Does the Minister agree that measures such as a child protection register and Maya’s law can only help to protect our children—children like Maya, Tony and others? And what steps will he be taking to follow this up?

[Jake Richards]

I am grateful to my hon. Friend. The answer is yes. A problem in the system has been identified, and we are determined to fix it. It simply cannot be right that some horrific child abusers can have access to children—to live with children or work with children—at the end of their sentences without any system of monitoring or notification after those sentences. The Government cannot support the change today because work needs to be done to understand the demand that different options would place upon different public services. It would be wrong to legislate now without a fuller—or even basic—understanding of whether we have the capacity to safely deliver the register proposed in new clause 20. There are numerous options before us, and it is right that any new system is tailored, in terms of who holds that information and the duties placed upon them, to ensure that particular risks are adequately and proportionately managed.

[James Cartlidge]

The position that the Minister seems to be articulating is literally bizarre. He has said that he fully agrees about the problem and with the remedy set out by my hon. Friend the Member for Bexhill and Battle (Dr Mullan). The Government have had 14 years in Opposition and more than a year in Government, and have introduced the Bill at this time. But the Minister is saying that, notwithstanding the fact they have brought forward this Bill after more than a year in office and agree on the problem and the diagnosis, he is still going to vote tonight—and ask his Back Benchers to vote tonight—against fixing the issue.

[Jake Richards]

We have identified a problem, but it would be wholly irresponsible to legislate when we have not had the opportunity to ensure that public services can complete the task. The hon. Member criticises us for not taking action on this issue now, but what about the last 14 years? What about the recommendations of the Independent Inquiry into Child Sexual Abuse, which reported in November 2022? The last Government did absolutely nothing on those recommendations.

[Helen Grant]

I hear what the Minister has to say. Will he bring forward a Government amendment to introduce a child cruelty register when the Bill moves to the House of Lords?

[Jake Richards]

We will speak to Home Office colleagues and others to look at the possibility of doing that, absolutely. The hon. Lady has my word—as does her constituent, who is no doubt watching this debate carefully—that I will work at speed on this issue, but I do not want to make promises that the Government cannot keep, so it is vital that we do the work. We understand the burden that it will place on the services that will need to do the work to make sure that this is done, but I want to be clear that this is a problem. We accept that it is a problem, and we are going to take action to solve it. I will continue to have conversations with the hon. Lady as part of that process, and I welcome the offer of cross-party talks. I am speaking to colleagues in the Department for Education and the Home Office, and I would be eager, if it is appropriate and possible, to speak to Paula herself to ensure that we get this right. But as I said, we want to do that quickly.

I have asked officials in my Department to look at what can be done within the criminal justice system, which sits within the Ministry of Justice, to track child abuse offenders and offences involving child cruelty. I again thank the hon. Member for Maidstone and Malling for her work on this issue. I look forward to working with her, and with other hon. Members who have shown an interest in this issue, to achieve an important change in safeguarding that is absolutely necessary.

I turn to new clause 12, tabled by the hon. Member for Chichester (Jess Brown-Fuller), which seeks to allow prisoners held on remand to access rehabilitative programmes, education, therapy and other support before the start of their sentence. She and I had a brief discussion outside the Chamber about this, and it is important to note that remand prisoners can already access such programmes where prisons run them. The Government accept that there is a lack of such provision in our prisons—something that we absolutely have to improve and work on—but we must remember that remand prisoners have not been convicted of an offence. They cannot be required to undertake any of these services, but it is an issue that I am very much aware of. I will continue to have conversations with her and other colleagues about that over the coming weeks and months as we look to improve those services within prisons.

[Andy Slaughter]

I congratulate the Minister on his Bill, which can undo the damage done to the prison system over the past 14 years of neglect and mismanagement, but while he is clearly in listening mode, let me say that it is capable of improvement. I tabled a number of amendments that were designed to improve the Bill in Committee last week. I will write to him to remind him what they are, but will he look at those proposals, which were made in good faith, to see whether changes can be made in the other place?

[Jake Richards]

As always, I welcome the contributions of the Chair of the Justice Committee. I am very aware of the array of amendments that he and I discussed before Committee stage last week. I have not returned to them in the last seven days, but we will no doubt do so in the coming weeks as the Bill progresses.

I will briefly touch on the issue of probation. A number of amendments have been tabled by my right hon. Friend the Member for Hayes and Harlington (John McDonnell) and spoken to by other hon. Members. The Government accept that the Bill places an extra responsibility on the Probation Service. That is why we are investing £750 million in probation—a 45% increase, and the biggest upgrade to investment in probation for a generation. We are investing £8 million to improve technology, so that probation officers can undertake probation work rather than be stifled by the burden of paperwork. We recruited 1,000 probation officers in our first year and 1,300 this year. However, there is undoubtedly more work to be done, and we will undertake that work in the coming weeks and months.

This Government have been very clear that work must be at the heart of our prisons. Ensuring that offenders work will mean that they can be rehabilitated and, when they leave prison, can enter society with the prospect of employment. Clearly, some of the details of how that work provision is provided and the role of the private sector have to be worked out carefully. I am very happy to meet the justice unions parliamentary group to discuss that, but I will never apologise for ensuring that there is work provision in our prisons, because it is absolutely vital. Labour is the party of work. We believe in the inherent value of work, and work in our prisons plays a vital role in rehabilitation.

[Catherine Atkinson (Derby North) (Lab)]

I am grateful to my hon. Friend for his response on work in prison. I completely agree that it makes a huge difference in enabling prisoners to stop their reoffending behaviour. When 80% of offending is reoffending, costing over £18 billion a year, it is clear that we need to enable people to turn their lives around. Does he agree that our communities will be safer when we are able to tackle reoffending rates?

[Jake Richards]

I absolutely agree with my hon. Friend. She raised this important issue in a recent Adjournment debate. We are taking steps to provide further work provision in our prisons, working with the private sector, the third sector and others, but we certainly accept that there is more to do.

I will briefly respond to the hon. and learned Member for North Antrim (Jim Allister) on new clause 24. He asked me a direct question, and simply put, we do not agree. The Government do not think that this new clause is necessary. Our view is very clear on the legal analysis of the proposed change. The deportation of foreign national offenders will not be prohibited by the provisions of the Windsor framework. If he disagrees with that analysis, I am very happy to meet him to discuss it and look into it. He is absolutely right that it would be wrong if, in the scenario he painted towards the end of his speech, different parts of the country had different provisions for the deportation of foreign national offenders. I want to give him that reassurance at the Dispatch Box.

[Jim Allister]

Will the Minister give us an assurance that, if there turns out to be a distinction in that foreign nationals cannot be deported from Northern Ireland because of article 2 of the Windsor framework, he will undertake to override that legislatively so that we do have equality right across the United Kingdom?

[Jake Richards]

As I have said, we do not accept that there is a problem, but if there is, we will look to fix it, because that would not be right. The scenario the hon. and learned Member painted, which we do not accept will happen as a result of this legislation, is not right.

Amendments 15 and 39 on short sentences are among several tabled by the right hon. Member for Tatton (Esther McVey). They aim to widen the scope of the exemption or to eat away at the 12-month definition of short sentences. That is the wrong direction, and I will set out why. First, we need to clear up some myths that have been shared by the Opposition on this issue. Either they are being wilfully ignorant or they simply do not understand the Bill. We are not abolishing short sentences, as the shadow Justice Secretary, the right hon. Member for Newark (Robert Jenrick), wrongly stated in the House on Monday. He was briefly a corporate solicitor, and I would hope he knows better and that he had read the Bill before commenting on it.

Judges will always have discretion to send offenders to prison, and short sentences have an important function, especially in certain cases of domestic abuse and violence against women and girls. The Bill makes it clear that the presumption does not apply where the offender poses a significant risk of physical and psychological harm to a particular individual, where they breach a court order or in exceptional circumstances. In Committee, the Government went further by strengthening this provision to ensure that breaches of all civil court orders, such as the domestic violence protection order, were covered.

[Catherine Atkinson]

Domestic abuse remains the deepest scar on our society, and it demands our collective action to eradicate it. Please can the Minister outline the measures in the Bill that will help tackle this invidious form of violence and enable improved support for victims during the process?

[Jake Richards]

In that regard, the most important part of the Bill is the domestic abuse identifier. It has been worked on, on a cross-party basis, with outside organisations that are campaigning for it. It is an innovative and important step to ensure that these cases—it is a broadbrush so that different offences can all be covered by the one term—can be tracked through the criminal justice system and out to safeguarding agencies to ensure that women are kept safe from their abusers.

[Dr Mullan]

I note the interest of the hon. Member for Derby North (Catherine Atkinson) in domestic abuse and other offences. Will the Minister confirm for her that the vast majority of offenders convicted of offences related to domestic abuse will get out of prison much earlier as a result of this Bill?

[Jake Richards]

Again, as the shadow Minister knows, for each offence the judge will have full discretion over the sentence. When I have spoken to victims of domestic abuse—I have worked with and represented victims of domestic abuse in court—what they feared most was that, when the prison system was on the verge of collapse, some of the most serious offenders would never face prison at all.

[Esther McVey]

Will the Minister give way?

[Jake Richards]

I will finish this point before I give way, because I am dealing with the right hon. Member’s amendments.

More broadly, we know that suspended sentences and community sentences can be more effective at reducing reoffending. The level of reoffending among those who serve short sentences is staggeringly high. As I have said already, research commissioned by the last Conservative Government—shadow Justice Ministers continue to cite it—shows that short sentences lead to more reoffending, meaning that tens of thousands more criminal offences are committed each year.

If the Opposition vote to drop this provision from the legislation—legislation that the last Conservative Government put forward—they will be voting for more crimes blighting our communities. They know that the measure is common sense because, as I have said, they proposed it; it was a Conservative proposal towards the end of the last Parliament, and they are now opposing it for opposition’s sake. This provision on short-term sentences will begin to break the cycle of reoffending that does such damage to communities across the country, so we reject the amendments tabled by the right hon. Member for Tatton.

[Esther McVey]

I thank the Minister for allowing me to speak now. Members on both sides of the House were concerned about attacks on emergency workers, and such offenders who are sentenced to 12 months or less will now get suspended sentences. Can he state on the record that that will not be the case—that those offenders will still go to prison, as Members on both sides of the House want? Will he protect emergency workers or will he let them down?

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[Jake Richards]

The judge on any given case, where there has been an awful offence such as that, will have the power under this legislation to send that person to prison. That is absolutely right and that has not changed at all.

I will turn to new clause 19, with which I have huge sympathy. The hon. Member for Bexhill and Battle gave me the opportunity to meet Lenny Scott’s mother, and I will take him up on that. I am happy to do so and I look forward to it. As he knows, the Law Commission is undertaking a review of homicide law, and it would be wrong to pre-empt that, although I am sympathetic to the motivation behind the new clause. As he noted, that awful offender was convicted to life imprisonment with a minimum of 45 years. I understand the mischief that the hon. Member is trying to tackle with the new clause, but we will await the Law Commission’s review of homicide law.

[Dr Mullan]

The Minister is perfectly capable of legislating on this issue and letting the homicide work continue. He says that that would be “wrong”, but it is not wrong—it is just his choice, and it is the wrong choice.

[Jake Richards]

As I say, I am not going to pre-empt the Law Commission’s review of homicide law, but I am sympathetic to the new clause. I look forward to meeting the victim’s family and we will be taking steps in due course.

I will turn to the earned progression model and new clause 36, which was tabled by my hon. Friend the Member for Amber Valley (Linsey Farnsworth) and spoken to passionately by my hon. Friend the Member for Hyndburn (Sarah Smith). I met my hon. Friend the Member for Amber Valley and understand the motivation behind the new clause. There is appetite within Government to go further and to offer positive functionality to the earned progression model, but primary legislation is probably not the appropriate mechanism for delivering a stronger system of incentivising rehabilitation in prisons.

I will briefly explain the current framework as set out in legislation. Bad behaviour, such as acts of violence or possession of a mobile phone, can mean more time in custody. We are making that tougher. To ensure that there is more bite and discipline within our prisons, we are doubling the maximum punishment from 42 days to 84 days per incident by secondary legislation. There will be no automatic release for badly behaved offenders. I accept that I and Lord Timpson should look at the current incentives policy framework to see how we can further incentivise engagement with self-improvement services, whether in work or education.

We expect prisoners to work in prison and, where they have educational needs, to engage in classes that support reading, literacy, maths and vocational skills. That is why we are building partnerships with employers and looking to increase the amount of time that prisoners work in industry to increase employment skills. As I said to my hon. Friend the Member for Amber Valley in our meeting, I look forward to working with her and others to look at how we can expand and improve that framework to ensure that the earned progression model is as effective as possible.

[Dr Mullan]

Does the Minister accept that he is legislating to let those people out automatically? He expects Labour Members to accept the promise that later, at some point, he might introduce legislation so that some of those people—a small proportion—do not get out, but whatever he says at the Dispatch Box, he is legislating to let them out automatically. That is the consequence of this legislation.

[Jake Richards]

I am getting increasingly confused by these interventions, Madam Deputy Speaker. As I outlined before, the Government are setting out very clear measures to improve discipline in our prisons. That is part of the progression model, learned from the Texas model, which has seen crime reduce by 33%, with 16 prisons closed at the same time. I think we should learn from good examples abroad. The Opposition have no idea what their position is any more.

I will turn to new clause 14, tabled by the hon. Member for Mid Leicestershire (Mr Bedford). The most serious offences are already dealt with in the Crown court, even those involving offenders aged under 18, and whether an offender’s identity is reported on is at the discretion of the judge. There is always a balancing act in the judge’s consideration between the principles of open justice and the welfare of the child, and it is right that discretion remains with the judge. I also gently say to the hon. Member that the scope of the Bill was the adult estate. There is work to be done in the youth justice system; we will be taking steps to look at it in due course, and we may come back to this as part of that provision. However, the focus in this Bill is much more on the adult estate.

The same point also applies to new clause 1, again tabled by the hon. Member for Mid Leicestershire. I want to go into some detail on this new clause because it is an important issue. On parenting orders, it is right that those responsible for a child’s care will be involved in their rehabilitation where possible. To that end, courts have the power to issue a parenting order where a child has been convicted of an offence. Parenting orders require the parents or guardian to comply with certain requirements for up to 12 months, and non-compliance can lead to breach proceedings in court.

While parenting orders can be a good option for some children, youth offending teams that I have spoken to often decide that it is more effective to engage and build relationships with parents on a voluntary basis wherever possible, without resorting to a parenting order. Many parents will engage readily and take part in specific parenting support activities and programmes.

On financial orders, children are naturally limited in their access to the funds necessary to meet the conditions of a financial order. To that end, where the child is under 16, any financial order must be met by the parent or guardian. For children aged 16 or 17, the fine may be imposed on either the parent or child. Whether they are used in each particular case is best determined by the court with professional advice from the youth offending team. It is right that the court, which has access to information on a child’s individual circumstances, retains the discretion to determine whether such interventions are well placed to support their rehabilitation.

I undertake to the House today that I will look at this matter as part of our continued review of the youth justice system. We do not think that primary legislation is necessary for a dedicated assessment, which is vague in the form of the new clause. We therefore urge the House to reject this new clause, too.

I turn now to driving. There are an array of measures before the House that relate to driving offences, and there is an understandable sense from the House about the need to go further and to strengthen or tighten our use of driving bans for criminal offences. New clauses have been put down by the hon. Member for Huntingdon (Ben Obese-Jecty) and the Liberal Democrat spokesperson, the hon. Member for Chichester. I also pay tribute to the work of my hon. Friend the Member for West Bromwich (Sarah Coombes), among others, and the hon. Member for North Cornwall (Ben Maguire), who has raised this issue in the House.

It should be noted that this legislation offers new provisions to order a driving ban for offenders who receive a suspended or community sentence even if their offence did not relate to driving. However, I have been persuaded in the course of the debates in this House, and in my relatively short period in this role, of the need to look again at driving bans and to do so properly and rigorously. I have organised a meeting with ministerial colleagues in the Department for Transport to discuss this issue and to ensure that the points and individual cases raised in this and last week’s debates are considered in the Government’s road safety strategy, which is being developed. It is right that we undertake proper and further analysis of the current situation and how we can encourage greater use of driving bans.

I promise that I will ensure that this House is updated on the development of that work. I have reached out to road safety charities to ensure that they are consulted and kept informed, too. It is right that we investigate this issue carefully, but it is also important to say that the courts already have the discretion to implement these driving bans in precisely the way that various new clauses seek to do.

I will turn now to new clause 31 on exclusions from recall measures, which was spoken to by the Liberal Democrat spokesperson. A number of offences listed in the new clause are already excluded from the fixed-term recall provisions, while many others carry sentences that would be beyond the scope of the provisions. However, we understand the concerns raised by the hon. Member for Chichester. There is a balance to be struck between recognising the risks posed and ensuring a sustainable system. Before any recalled offender is released, the Probation Service will undertake a thorough review of release plans and licence conditions, ensuring that needs and risks are managed, with a focus on mitigating risks against known victims. This will take account of any patterns of behaviour. Recall remains an important public protection tool where risk escalates. There are still challenges, looking at the 56 days and the provision of education for those who are returned on recall. We have had discussions outside the Chamber and we will continue to do so. It is an issue that Lord Timpson and I are aware of, and we will make progress on it in due course.

I turn very briefly to new clause 42, tabled by the hon. Member for Esher and Walton (Monica Harding), regarding the awful Crown court delays we experience in this country—another element of the rotten legacy we received from the Conservative party. Brian Leveson has reported on this, and the Minister of State for Courts and Legal Services will bring forward the Government’s response in due course.

It is an urgent issue, because all these problems—prison capacity, justice, rehabilitation, reoffending—can be solved only if we have a functioning courts system. Sorting out and stabilising our prisons, reforming sentencing and dealing with the Crown court backlog will be at the heart of the Government’s approach through this Parliament.

[Ben Maguire]

There was one small omission there. Can the Minister confirm that legal aid provision, which has been brought up by several Members today, will be addressed by the Government?

[Jake Richards]

Yes. Legal aid is vital, and the right to legal aid is important. The Government understand that right and will continue to look at it. There are financial constraints, which we are all aware of, but legal aid is very important. We have made certain commitments with regard to employment tribunals, and we will continue to look at that over the coming months.

Amendment 7 would remove clause 20 regarding changes to be made to the release of certain offenders. Let us start with the most basic promise of our justice system. When offenders are caught who pose a risk to the public, we ensure that there is capacity in our prisons for them to serve a custodial sentence. It sounds straightforward and a fundamental tenet of the social contract, but that is what was damaged and broken by the Tory Government. In July last year our prisons were essentially full, and the Government disgracefully could not fulfil that most basic promise to the British people. The Conservatives should be ashamed of themselves for the lawless disorder they caused.

The changes that the Bill makes are necessary to stabilise our prison system. There is no alternative. What have heard from Opposition Members, carping from the sidelines, are wholly unserious proposals. Reform UK say that we should build paperweight temporary prisons. Portacabins holding hardened criminals in our backyards? No thank you.

Let me clear: that would place the public at serious risk of harm. We cannot simply rustle up a secure setting to incarcerate dangerous offenders. This Government are building more prison places than we have seen for over 100 years. Following the changes to be brought in by this Bill, there will still be more criminals in prison than ever before—2,000 more by 2029 than there are now. On the other hand, Reform has no serious plans to keep our communities safe.

The Tory position is even more absurd, if that is possible. Last week the shadow Minister began to apologise for the legacy that the Conservatives left behind in our prisons. He said that if he had been Prime Minister or Chancellor it would not have happened. We had five Tory Prime Ministers and seven Chancellors in 14 years. I am not sure that giving another one a go would have made the difference. Meanwhile the shadow Justice Secretary, the right hon. Member for Newark (Robert Jenrick), says, “Deport more foreign offenders. That will solve it all.” Completely unserious.

Under this Government, deportation of foreign national offenders is up by 14%. We have accelerated decision making on deportation, which can now happen when 30% of the sentence has been served. That is something that the Tories never did. Because of this legislation, we can go even further and deport a foreign offender immediately upon sentencing. These are practical measures from a Labour Government who are cleaning up the Tory mess.

[Kirith Entwistle (Bolton North East) (Lab)]

My father is a retired senior prison officer, and I know at first hand the devastation that 14 years of the Tories brought on our prison system. Does the Minister agree that it is incumbent on us as a Government to clean up the mess they left and fix the system urgently through reforms?

[Jake Richards]

I thank my hon. Friend’s father for his service. Prison officers across the country do a brilliant and important job. My hon. Friend is absolutely right; I have sat through hours of this debate over the last few weeks, and while it has been important, the crowing from the Tories is galling considering the legacy that they left behind.

This Labour Government faced a crisis when we came into power last summer. The Tories had left our prison system on the brink of collapse, and lawless chaos was on the verge of breaking out. We took action, with plans to build 14,000 prison places—the biggest prison-building programme since the Victorian era—and 2,500 places in our first year, compared to just 500 places that were built during 14 years of the Conservative Government.

[Ben Obese-Jecty (Huntingdon) (Con)]

Does the Minister recognise, from his written response to me, that every single one of those 2,405 prison places was authorised by the previous Conservative Government and that the 14,000 prison places he planned to build will not be delivered because the firm that was due to build them has gone into administration?

[Jake Richards]

The hon. Member always makes that point, and he thinks it a good point. Towards the end of 14 years of Conservative government, the Conservatives suddenly realised they had not done anything to our prisons—it was an absolute shambles—and they started to take action. We have actually delivered those places, with 2,500 in one year compared with just 500 in 14 years. It is shocking. That is not a good point, and he should not keep raising it.

The Government began an independent sentencing review, led by a former Conservative Justice Secretary, to ensure that our system was sustainable. The Bill is that vital step to ensure that we can keep that most basic promise to the British people. We will ensure that there is capacity in our prisons to keep law and order on the streets. We will ensure that our justice system clamps down on reoffending and delivers punishment that works. We will ensure that we will never again face the chaos of Tory misrule. I commend the Bill to the House.

Question put, That the clause be read a Second time.

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17:55

Division 332

Ayes: 170

Noes: 328

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18:09

Division 333

Ayes: 82

Noes: 314

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18:21

Division 334

Ayes: 173

Noes: 323

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18:33

Division 335

Ayes: 182

Noes: 311

[Tessa Munt (Wells and Mendip Hills) (LD)]

On a point of order, Madam Deputy Speaker. I want to put it on the record that there has unfortunately been a blip on today’s version of the Sentencing Bill’s amendment paper. While I did put my name to several new clauses, I did not put my name to amendments 4, 5, 6, 7, 9, 11, 12, 22, 23, 31, 32, 33, 34 or 35.

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[Jake Richards]

I beg to move, That the Bill be now read the Third time.

It is a pleasure to speak at the Third Reading of this landmark legislation. I begin by expressing my gratitude to all those who have worked tirelessly to deliver this important change to our criminal justice system.

It is difficult to exaggerate the scale of the crisis that landed on the desk of the previous Lord Chancellor—now the Home Secretary—and my predecessor, my hon. Friend the Member for Scunthorpe (Sir Nicholas Dakin), when they entered Government on 5 July 2024. Prisons were at breaking point, with a very real risk that the most dangerous offenders would not face custody at all and that our communities would be left vulnerable. They took urgent, necessary and decisive action to stabilise the system and keep our prisons afloat, and then they went further.

I pay tribute to David Gauke, the former Conservative Justice Secretary, for his work in leading the independent sentencing review. It is a rigorous and serious piece of work, and while the Government did not accept all the recommendations, it is the basis of many of the provisions before the House today. We thank David Gauke for his work, and perhaps look somewhat regretfully back at what a serious Conservative Justice spokesperson looked like.

I thank right hon. and hon. Members for their careful scrutiny of the Bill, and particularly my hon. Friends the Members for West Bromwich (Sarah Coombes), for South Shields (Emma Lewell), for Amber Valley (Linsey Farnsworth) and for Forest of Dean (Matt Bishop), and the hon. Members for Huntingdon (Ben Obese-Jecty), for Eastbourne (Josh Babarinde) and for Maidstone and Malling (Helen Grant)—and a particular shout-out for my hon. Friend the Member for Portsmouth North (Amanda Martin), for her tireless campaigning on tool theft. Through their personal experience, or the experience of their constituents, hon. Members have powerfully raised issues that the Government will continue to look at and address as this legislation progresses.

The debates we have had on this legislation neatly sum up the dividing lines in British politics. The Conservative party is in complete denial, with not a single word of apology. It is their mess that this legislation begins to clean up. The Bill goes further than simply stabilising the system; it confronts reoffending—the cycle of crime that blights so many of our communities—and learns from the Texan earned-progression model to encourage rehabilitation. Confronting reoffending and improving rehabilitation used to be policies that the Conservatives supported, but today they have provided nothing but opposition.

Meanwhile, Reform’s Justice spokesperson, the hon. Member for Runcorn and Helsby (Sarah Pochin), has not bothered to attend this debate at all, and inexplicably said over the weekend that she gets angry when she sees Asian and black people on her TV. She should concentrate on coming up with workable policies; we cannot build portacabin prisons for hardened criminals and keep our communities safe. Reform UK is simply not credible.

This Government, on the other hand, are getting on with the job and making difficult decisions to ensure that we can keep our promise to the British people: we will never let our prison system collapse like the last Government did, when even the most serious offenders might have avoided prison altogether. This Bill will ensure that our prison system is sustainable, while reducing reoffending and crime, and it will keep our communities safe. I commend this Bill to the House.

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18:52

Division 336

Ayes: 321

Noes: 103

Bill read the Third time and passed.