(1 day, 23 hours ago)
Commons ChamberWith your permission, Madam Deputy Speaker, I will make a statement on the implementation of the Sentencing Act 2026. When this Labour Government took office, we inherited a crisis in our prisons. They were regularly at 99% capacity, with fewer than 100 places available at one stage. We were one bad day away from running out of space, which would have meant the courts being forced to suspend trials, the police being unable to make arrests, and there would be nowhere to put dangerous criminals—a total breakdown of law and order, with victims bearing the brunt.
My predecessors acted swiftly to stabilise our prisons by committing to the most ambitious prison-building programme since the Victorians and pledging 14,000 new prison places by 2031, with 3,200 already delivered. Compare that with the record of the Conservative party, which added just 500 net places in 14 years. We have also deported nearly 12,000 foreign national offenders, but we had to ensure that we never return to the shambolic emergency releases carried out, with little scrutiny or warning, by the previous Government. We passed the Sentencing Act, which introduced the earned progression model, whereby offenders on standard determinate sentences spend at least a third of their sentence behind bars, and longer if they behave badly. More serious offences require people to serve at least half of their sentence, with no upper limit for time spent inside for bad behaviour.
But release from prison is not the end of the story. We have overseen the largest ever expansion of tagging and, working closely with the police, we are giving the Probation Service access to the largest and toughest range of measures to manage offenders. Every single offender leaving prison can now be tagged, and strict licence conditions can include curfews and bans from pubs, clubs and even football matches. There will be exclusion zones where criminals cannot go. For the most serious sexual and violent offenders, we are introducing world-first “restriction zones” that confine them to specific areas, which are sometimes a few miles wide, curtailing their liberty in order to give victims more freedom. If conditions are breached, offenders can be recalled to prison.
This clearly asks more of our brilliant Probation Service, so we are also investing £700 million more in probation and community services by 2028-29, and we are hiring a further 1,300 trainee probation officers, on top of the 2,300 recruited in the past two years.
Let me be clear about who the model applies to. The most dangerous offenders, who have been locked up for serious violent and sexual offences, and those on life sentences were never eligible, but the Prime Minister and I were determined to look again. We moved quickly to exclude rape and many serious child sex and grooming offences, and we have gone further still by excluding all unlawful killing offences—including death by dangerous or drink-driving, causing or allowing the death of a child, and manslaughter—as well as indecent assault, which has been used to prosecute historical child sex abuse. This means hundreds more dangerous criminals staying behind bars for longer, including those who killed PC Andrew Harper in the line of duty. It is the right thing to do, and I pay tribute to his wife Lissie and his mother Debbie, who campaigned for this. We would like to have gone further, but we were unable to do so due to the lack of investment by the previous Government over 14 years.
I want to reassure the House that victims in the victim contact scheme are being kept informed by dedicated victim liaison officers. We are rightly giving victims the opportunity to have their say on licence conditions for offenders in their case, and I have instructed my officials to attempt to trace all affected victims for whom we do not have the details. On top of that, we are boosting victim support with a £18.9 million funding package, including a dedicated free helpline offering emotional support for anyone affected, and specialist support for victims of violence against women and girls. I have asked the Prisons Minister to work with victims groups to shape our response, because victims must come first.
The Prime Minister and I have pushed the system to its limits. At the same time, my duty is to ensure that we always have the space to lock up offenders. Today I can announce a fast-tracked plan to create more headroom in our prison system by bringing forward more than £110 million of funding. We have identified where we can accelerate the delivery of more places, including by converting space within prisons into cells, and we are pushing to deliver current building plans more quickly. We will also invest in new land for prisons and build a credible pipeline of new sites to enable more prison building, because my top priority is to build a long-term, sustainable future for our prison estate.
We are also freeing up space in the shorter term. There are thousands of foreign national offenders in our prisons, at vast expense to taxpayers. We have increased removals by 41% compared with the last two years of the previous Tory Government, and we have changed the law to expand the early removal scheme. Now we will go further. Next year we will begin removing foreign national offenders serving determinate sentences immediately after sentencing, but I want to reassure the House that the most dangerous offenders, such as those already excluded from the Sentencing Act changes, will still be required to serve prison time before being deported. I want to be clear that all removed offenders will be barred from returning to the UK for life, because deportation is the anchor of that punishment. If you break our laws and abuse Britain’s hospitality, we will permanently remove you.
We will also act on a long-standing injustice. More than 2,000 people are still trapped by indeterminate imprisonment for public protection, or IPP, sentences. They were rightly abolished a decade ago, but offenders are still locked up for far longer than envisaged, often for crimes that, if committed today, would see them spend much less time in jail. Of those who have never been released, 99% are beyond the tariff imposed by the court, and 80% have served 10 years or more beyond it. Tragically, with no end of their sentence in sight, some IPP prisoners have taken their own lives.
Concerns about IPPs have been raised across the political spectrum, including by the former Justice Secretary, Alex Chalk, who called them “a stain” on our justice system. The number of IPP offenders has been reducing, but the Prime Minister and I want to go further. We will soon bring forward legislation to end the sentence, once and for all, by the end of this Parliament. These are complex cases, and some of these offenders have committed serious crimes. Public safety will always be my top priority, but we must balance that with fairness on sentences. It will take time to get this right, but the work will begin immediately, and I offer Members of all parties and none in this place the opportunity to work together on a cross-party basis. I will listen to experts inside and outside this House, including the former Justice Secretary, Robert Buckland, and the former Home Secretary, David Blunkett. They are committed advocates of IPP reform, whom I thank for agreeing to work with me. In the meantime, we will do everything within the existing framework to support those in prison to move towards a safe and sustainable release.
I also intend to look at how we can improve outcomes for offenders with complex needs. Women in prison often have high levels of trauma, abuse, mental ill-health and addiction. Many are mothers and their children can be affected profoundly by them being in prison, so I want to reduce the number of women in custody where it is safe to do so, alongside a cross-Government agenda to address the drivers of women’s offending. For youth offenders, I am announcing £4.5 million of investment for robust community alternatives to locking children up in expensive, ineffective and unsuitable prisons. To help solve the crisis in adult prisons, I have decided to temporarily hold some 18-year-olds in our youth estate for longer.
My job is to balance the sustainability of our prisons with public protection, the rights of victims and public confidence in the justice system. The decisions that the Prime Minister and I have had to take are difficult ones. We would like to have gone further, but the Government inherited a system on the brink of failure. I am clear that there must always be space for dangerous offenders, because protecting the public means fixing prisons for good. Otherwise, it is victims who are let down. We will never let that happen.
This Government will run towards problems, including the tough decisions needed to build a justice system that is firm, fair and that protects the public. Those aims will guide me as I tackle its challenges, reform it for a sustainable future and ensure it commands the confidence of the British public. I commend this statement to the House.
I call the shadow Secretary of State.
Nick Timothy (West Suffolk) (Con)
I welcome the Justice Secretary to his place.
This is the Government’s fifth early release policy in just six weeks, since the Prime Minister took office. At every stage we were told that Ministers had no choice but to include dangerous criminals, because the alternative would be the “collapse” of the “entire system”. Now the plan is to stop one group of dangerous criminals leaving prison early by letting a different group of dangerous criminals out instead.
The Justice Secretary and the Prime Minister have justified the plan to release IPP prisoners as a matter of principle, but it is no such thing. It is a fag-packet policy written to get them out of this crisis. Last year a Justice Minister rejected it, saying it would “put the public at risk”. Some 1,415 IPP prisoners had to be recalled to prison after release. The Parole Board says that the rest—856 prisoners—are too dangerous to be freed. Despite the new exclusions, many violent criminals will still be released after one third of their sentence. That includes domestic abusers and some paedophiles.
The Justice Secretary says that if a domestic abuser breaches the terms of their release, tagging means that probation and the police will be alerted. He said this morning that these are “really good systems”, but most breaches result in no action at all. In fact, the Justice Secretary said this morning that early release is now “business as usual” and will go on for years to come. With that in mind, the Sentencing Act provides no end date to SDS33, so is this a permanent provision? If not, for how long does he think it should last? Can he rule out letting prisoners out even earlier with home detention curfews? Will he publish detailed capacity projections and all relevant data?
Will the Justice Secretary give us a timeline and a target for his promise to get more foreign national prisoners out of the country? What is his plan to overcome barriers to deportation caused by the European convention on human rights, and in particular unqualified rights such as articles 2 and 3? How many cells will be established within the existing estate by the end of 2026, 2027 and 2028? Will he release every IPP prisoner by the end of the Parliament, as suggested in the Ministry of Justice statement on Sunday? Will prisoners who would have received a life sentence, had IPP sentences not existed, remain locked up? Will the Justice Secretary rule out watering down the criteria used by the Parole Board to assess IPP prisoners? And can he confirm that the changes to early release will come through secondary legislation, presenting MPs with a false binary choice and no chance to amend their plan?
We have more than 700 fewer prison cells than last year and 1,600 fewer prison officers since the election. No new prisons have been planned or approved by this Government since the election. There are more than 4,000 operational available places and 4,000 more that are certified but out of use because of rules and regulations, officer shortages, and, in the case of Dartmoor prison, levels of radon gas that local residents live with every day. Describing the early release of criminals, a dangerous and irresponsible policy, as “business as usual” is not just an insult to victims, but a dereliction of duty.
I am grateful for the shadow Secretary of State’s kind words of welcome. I do not know him well, but I know that he, like me, shares a love for this country and that everything he does is seen through that prism. My commitment to him is to work with him. There will be times, perhaps even including today, when we will need to disagree in the best traditions of this place, but I know there will be a lot that brings us together over the months and hopefully years to come.
On plans and changed plans, I make no apology—certainly not to the Opposition—for being able to grab hold of a system that, when we left here in July, was not going to exclude rape offences, child sex offences and those who have taken lives. We have now done that, which is good. I recognise that it has created uncertainty and I apologise to victims, but I hope they understand that it was done with noble purpose. We must now use the time available to make sure that victims get the right support, particularly when it comes to shaping restrictions on offenders if they do come out.
The hon. Gentleman mentions plans. The reality is that if we followed his plan, we would have a prison system that would be bust before Christmas. What would that mean for justice in this country? How could that be right? He jumps on the phrase “business as usual”. The point I am trying to make is that this Parliament has changed legislation. The Sentencing Act is the basis on which standard determinate sentences will be governed, and that will be the case for the foreseeable future. Linked to that, he talks about how the changes will come into force. That will be done via varying the commencement order. He talks about home detention. I can say that I have no intention of going any further. The work we have put in as a result of the Sentencing Act is our way of managing the pressure in the system.
On capacity, the hon. Gentleman asks for clarity. Well, I can provide a little bit of clarity: we should be clear that we have added 374 places in the adult male estate since the general election. Now, that is nowhere near where we want to get to as the end state—that is why our building programme has 14,000 places in it—but I would hope that wanting to do more is a point of shared interest. Of course, things do come in and out of the estate, including because of fire damage; I would not underestimate the importance of contamination either. Nevertheless, there will of course be significant places added in this Parliament and in our programme to 2031.
The hon. Gentleman also asks about the chance to scrutinise the data. He will know that, under the Sentencing Act, we are committed to publishing an annual report. That is what we will do, and I am sure that he and I will get into it at that point.
On foreign national offenders, if the hon. Gentleman has doubts, I will state my record to him and to the House. We have increased by 41% the removal of foreign offenders in this country. I gently say that that was my role in the Home Office, so he should not doubt my vigour. He mentions changes to article 3. He will know about the important work done on that at the Council of Europe. The Under-Secretary of State for Justice, my hon. Friend the Member for Rother Valley (Jake Richards), has done a lot of important work in that space. Similarly, our work on article 8 is important and I hope the hon. Gentleman will support that when it comes before Parliament. He should not doubt our vigour; as I say, we are already doing well better than his predecessors—they are sat next to him, so he can talk to them about that—and we will go further.
Let me finish on the IPP point, because I am really interested to see how it does and does not hold. I know that the hon. Gentleman is a champion of individual liberty and a sceptic of what he thinks is uneven justice. If I am able to make this acknowledgment, I hope he will at least reflect on it: there is a real dissatisfaction, as a result of the changes we have had to make, that some people will leave prison earlier than their sentence dictated, and that in many cases there will be people who are still there 10 years after. There is no easy solution to that. All I ask of him is to engage in a process to bring that to its resolution.
Opposition Members seem to need reminding that the early release programme was devised by a Conservative Government. We have been debating at great length, in the media and among politicians, keeping people in prison for longer. I support Government policy on this issue, but I remind the House that the only things, ultimately, that make people safer are: giving more support to prison officers, including their salary; putting money into improving the prison estate—some prisons are Victorian buildings; and, finally, putting effort and money into the rehabilitation of prisoners, not just keeping them in prison longer.
I agree wholeheartedly with the value my right hon. Friend places on the important work of our prison officers and our probation officers. She is exactly right that what surely binds all of us is that we want to reduce reoffending. What I have presented to Parliament today is a measure to get us through a crisis, but we know that we have to build a new criminal justice system. That can be done from this Dispatch Box, but it also has to be done much more widely, including through work with our prison officers, our Probation Service, the police and our communities in order to reduce reoffending, which is what we all want.
Jess Brown-Fuller (Chichester) (LD)
The Justice Secretary knows that the chaos and uncertainty for victims and their loved ones over the summer months from the handling of this scheme have been unforgivable. The Government have changed course countless times, leaving PC Andrew Harper’s family and countless others without the certainty that they deserve.
The reality, as we all agree, is that in a properly functioning justice system, no victim or loved one should ever be told that their perpetrator is being released earlier than they were told when that sentence was handed down. However, if tough decisions have to be made, they have to be made carefully, sensitively and preparedly, with the safety of victims, loved ones and the public front of mind. How, therefore, will the Justice Secretary be communicating these—I hope—final changes to those who received the generic letters, including victims of grooming gangs and sexual abuse, earlier this year, and will those letters be tailored to each victim? He mentioned in his statement those who are not in the victim contact scheme and an effort by the MOJ to contact them. Can he please provide an assessment of how many victims he thinks that is, and how much resource he will be given to try to track them down?
The reality for the new Justice Secretary is that his inheritance is now a public safety crisis. If probation staff go ahead with strike action, as threatened last month, is he confident that the system can safely manage the risks of releasing thousands of extra offenders? This has all the hallmarks of a national emergency waiting to happen, yet where is the emergency response? Can he explain why the national Criminal Justice Board has not met all year, despite these changes being discussed last year as part of the Sentencing Act, and will he now convene Cobra to give the situation the gravitas it deserves?
The prison capacity crisis is one that this Government inherited two years ago, but they now own the response. As highlighted by the chief executive of the Howard League, we are
“one major incident away from a disaster.”
Prisons such as Wandsworth have been operating at 62% above their intended built capacity as the new normal, creating dangerous conditions that undermine any effort to rehabilitate offenders. What confidence can the Justice Secretary provide that he can deliver this increase in capacity on time, given past failings to do so, and that he can adequately staff it?
I am grateful for the Liberal Democrat spokesperson’s contribution. As I hope she heard me say, I do accept that the impact of our taking the summer to carve more offences out of this regime in a way that is safe and means we have a resilient prison estate has had an impact on victims and survivors and on their families, as they wait with uncertainty. I hope that is not unforgivable, in the sense that I hope it is understood that our aims were noble ones and have allowed us to go further—I think all Members would say that was a good thing.
My mitigation and attempt to balance the situation is in what we do now. I am making a commitment from this Dispatch Box about the quality of engagement with victims and survivors. Everyone is being written to immediately to have a contact sent to them—trauma-informed engagement. This will introduce a conversation with a victim liaison officer specific to them and specific to the information about their offender’s release date and whether it is changing, and will help them to tailor the controls on their perpetrator so they can live the fullest possible life.
On probation and capacity, I pay tribute to my predecessors as Lord Chancellor for the work that has been done to recruit more staff. That is not at its end state, but the £700 million investment is nevertheless starting to bear fruit. I think that gives us optimism for probation, but I am aware that there are still challenges. I have met staff and will continue to engage, and we of course want to avert strike action, as the hon. Member says.
The hon. Member’s point on the national Criminal Justice Board speaks a little bit to the point I made to my right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott): I want to reinvigorate it as a place that takes real ownership of a reform of our criminal justice system. I think we would all accept that our criminal justice system is not delivering, and we are paying a lot for failure as well. I have not had very long in my role, as I hope the hon. Member would accept, but I certainly look forward to meeting the board.
On convening Cobra, I have to say that it is not in my gift, but it is in the Prime Minister’s. However, the changes we have made are exactly to avert the scenario of getting to such a crisis. In the spirit of what the hon. Member says, I am conscious of the pressures we have put on over the summer—they have been for good aims—but now we need to build a much better system.
Olivia Bailey (Reading West and Mid Berkshire) (Lab)
I thank my right hon. Friend for the statement, which will be welcomed by my constituents after a period of great anxiety, and I also thank him for his engagement with me over the summer.
When PC Andrew Harper was killed in my constituency, it devastated our community, but it also left a deep determination to stand by our brave police, who run towards danger every day. Andrew Harper was the absolute best of us, and I would like to pay tribute to his family, who have fought so bravely in his memory. I would also like to thank everyone in my constituency and beyond who signed a petition and made their voices heard. Will the Secretary of State outline what steps he will take to show our brave police that this Government will always be on their side?
I pay tribute to my hon. Friend for her very direct campaigning to me over the summer about her and her community’s expectations. I join her in what she said about PC Andrew Harper: he was the very best of us. I really respect both Lissie Harper and Debbie Adlam for never having asked for special treatment. However, I think it is reflected in the actions of this Parliament—we changed the law subsequently—that we do think it is different when our emergency service workers are killed in the line of duty. It is right that we did that did that, but it did create an inequity, and it is right that we have corrected it. Again, I have apologised to both of them about the time it took to do so, but I am glad that we have been able to do it.
On my hon. Friend’s final point, what I want to do for our brave police up and down the country is to have a system that is not running as hot as this, so they are not having to chase around all those symptoms of failure. That is a long-term piece of work, but it is one that starts immediately, and my commitment to them is to have them in the room during the process.
I know the Government will be doing their best to protect potential future victims of early release offenders, particularly those who were in jail for domestic abuse or other fixated behaviour, but it is not good enough simply to try to improve tagging measures; what one has to do is to improve the ability of potential victims to summon help if attacked again. Can the Justice Secretary confirm that the Government will make a unified representation of how such potential future victims can protect themselves—for example, by emergency alarms being fitted as a matter of routine?
Order. Before the Secretary of State responds, let me say that I understand how sensitive this topic is, but we have been in the Chamber a long time, and we have other items of business to get to, so please keep questions short and answers just as short.
The right hon. Gentleman is right to raise that point. It is part of the conversations that victim liaison officers are having, so that every victim and survivor is able to shape the support around them to make sure that they are feeling safe and secure.
Matt Bishop (Forest of Dean) (Lab)
I welcome the Government’s decision to end early release for certain serious offenders, including those responsible for the appalling killing of PC Harper, as we have heard. My former police colleagues and other emergency workers put themselves in harm’s way every day to keep us safe, and they must be able to have confidence in our system. Does the Justice Secretary agree with me that this decision sends them and others a clear and unequivocal message that this Government value their service, stand firmly with them and their families, and will ensure that those who commit the most serious crimes against them face the consequences of their actions?
I recognise my hon. Friend’s service in the police. It was made clear to me by lots of colleagues and in conversations that I had that the policing family were looking closely at our actions in this regard. I hope they have got the message from the changes in the law that have happened, and the changes that we have now been able to make, and that they will measure us by the work we do with them to improve the criminal justice system going forward.
Cheshire police estimates that the additional cost to man-mark criminals who are back on the streets due to Labour’s early release scheme will be £1.4 million a year. Can the Minister reassure police forces up and down the country that those extra resources will be handed to them?
The right hon. Lady will know of the significant increase in funding to our police that we have already made. Through the National Police Chiefs’ Council, representations have been made about police resourcing and the support we can give to policing. We are still having those conversations.
I welcome the Lord Chancellor’s statement. As a former criminal law barrister, I represented defendants who were given IPP sentences. They were required to complete courses, treatments and rehabilitation before they could be considered for release, yet many were never offered any of those things in time, leaving them unable to be reviewed by the Parole Board through no fault of their own. Can the Lord Chancellor say what he is doing to ensure that prisoners get the help and courses that they need in time for their parole eligibility?
I hope that my hon. Friend takes comfort from what both the Prime Minister and I have said about ensuring that the right support is in place for those who are paroled to stay out of prison, and for those who have not yet passed that stage to get to it and pass it. That has to be done with public safety in mind. Whether it is my hon. Friend’s insights or insights from colleagues across the Chamber, we are up for that dialogue because we are resolute in our intention.
Vikki Slade (Mid Dorset and North Poole) (LD)
When the Justice Committee visited a young offenders institute earlier this year, we found that most of the young people were not able to access even a minimal amount of education or training, which means that they are more likely to go on to commit more offences. What is the Lord Chancellor doing to improve access to education, training and financial preparedness to ensure that young offenders and their adult counterparts do not reoffend and fill up the prisons again?
The hon. Lady hits on an important point: what are we using our facilities for if not to rehabilitate people, particularly our young people? That is a symptom of what happens when the estate runs as hot as it does. It is a big factor in the reoffending of young people and, frankly, all people. That is why we are taking pressure off. She has heard what I said about the investment that we are putting in to get to what we want, which is a system that prepares people properly for release.
Catherine Atkinson (Derby North) (Lab)
I thank the Justice Secretary for engaging with me and other colleagues over the summer and taking action to bring forward the point at which the victims hotline will be up and running, so that it is available next month for victims who are worried about their offender’s release. At present, offenders can be banned from a victim’s local area, but that still leaves victims worried about running into them when they leave their area. Restriction zones reverse that burden by confining offenders to specific areas. Will the Justice Secretary be more ambitious about the use of restriction zones, so that it is the freedoms of perpetrators that are curtailed, not those of their victims?
First, I recognise my hon. Friend’s work in the Department, which we are building out from, particularly on the hotline. That is why we have brought it forward. I am pleased that she has given me the chance to talk about restriction zones, because they are world leading and we are introducing them for the first time. I received an email literally as I was about to stand at the Dispatch Box about how they could operate. The commitment I have made to campaigners is that we will bring into the room those who are interested in ensuring that the zones work in order to challenge us on what we are doing and to make sure we are going as far as we can to make them effective. It is going to take time to build up, and it has to be done in the right way, but the zones have high potential. My commitment from the Dispatch Box is that we will have maximum engagement, so that people know what we are doing and can help us do it well.
Mark Sanders was a teacher who raped young girls. His sentence was nine years and nine months, yet in July, after serving just two years, he was moved to an open prison, free to come and go and have overnight stays. I raised his case at Justice questions with the Under-Secretary of State for Justice, the hon. Member for Rother Valley (Jake Richards), and also wrote to him. He promised to review the case, but I have had no response. I am sure the Lord Chancellor recognises that for survivors this feels like a form of early release. Mark Sanders should not be in our communities—which he now is—after serving only a quarter of his sentence.
The hon. Lady will have heard what I said about who we have taken out of the scope of the progression model, but I will undertake to look at that specific case and get back to her as soon as possible.
Steve Yemm (Mansfield) (Lab)
The Lord Chancellor may know that I have written to him about my constituent William Payne, whose girlfriend Abigail Eggleston was killed by Liam Bowes, who was sentenced to 12 years for causing death by dangerous driving. I therefore welcome the Government’s decision to exclude that offence from the new release arrangements. Is the Lord Chancellor able to confirm that, as a result, Mr Bowes’ custodial release point will remain at two thirds of his sentence, rather than being brought forward to one half, and will he ensure that my constituent receives formal confirmation of that?
As my hon. Friend knows, we have taken death by dangerous driving out of scope of the progression model, so anybody whose sentence was being reduced from two thirds to a half under the model and was in prison for death by dangerous driving is now not in scope. I will get full clarity on the release date for the case my hon. Friend raises.
The daughter of one of my constituents was the victim of a knife attack in her own home in 2014. Thankfully, the perpetrator was convicted. He is now charged with another offence—that of rape—and is appearing in court next month. One can imagine the concern of my constituent’s daughter when she received a letter from Victim Support to say that this individual was going to be released. I have written to the Lord Chancellor about the case. I appreciate that he might not have seen the letter, but could he give an assurance that he will look at the case and do all he can to ensure that this individual is not released?
Again, I say to the hon. Gentleman that rape has been excluded from the progression model, but I will look at that case as a matter of urgency and come back to him. The important thing to say to all colleagues is that the victim-survivor should engage with their victim liaison officer, so that they can answer some of the questions. I will do anything I can to speed up that process.
Warinder Juss (Wolverhampton West) (Lab)
Does the Justice Secretary agree that one way of increasing prison capacity is to reduce reoffending, as 80% of people in prison are reoffenders? Far too often, we have prisoners who leave prison with no home, job, family or social connections. Are we doing enough to address that?
The answer to that question is no. When the system is running as hot as it is, it becomes a self-defeating cycle of a system that runs hot and therefore does not do those things. I hope my hon. Friend will take, as I do, a lot of comfort from what the Prime Minister said in his statement earlier about addressing housing, so that people have a stable base from which to rebuild their lives.
Steff Aquarone (North Norfolk) (LD)
I want the Lord Chancellor to know how grateful I am for the phone call he placed with my constituent, Rosie Shepherd, whose sister, Fenella Hawes, was killed by a drunk driver four times over the limit. The words he was able to speak to her were a great comfort to her family. Does he accept that the nature and timing of the communications that have gone out during the summer have been devastating for families? Have lessons been learned in general for future situations that require wholesale correspondence with victims?
The hon. Gentleman is right, and I hope that he has heard me accept that. I hope that there will be a degree of recognition that it was done in the noble cause of wanting to go further, but I still recognise everything he says. On correspondence, particularly correspondence that is more general and may go out more widely, our commitment is to ensure that it is trauma informed.
I welcome the Lord Chancellor to his place and congratulate him on the steps he has taken this summer to reduce prison populations while excluding the most dangerous offenders. We must never again be in the position of having more prisoners than prison places. Can he reassure the House that, as he looks at the use of prison capacity and spare places, he will not remove the workshops and training areas in prisons, in which our brilliant prison staff do so much work to reduce the cycle of reoffending?
My hon. Friend has made an important point. I hope she heard what I said about our enthusiasm for those things that prevent reoffending. The Prisons Minister is looking closely at that in our estate plans, because we know that those areas help prepare people for release and keep them from reoffending.
Dr Neil Shastri-Hurst (Solihull West and Shirley) (Con)
There is no dispute that the IPP topic is a difficult challenge. There is also no dispute that many of those IPP prisoners have been deemed a high risk to society by the Parole Board. Is it the Government’s position that the Parole Board is incorrect, or are the Government willing to lower the threshold of risk?
I do not think there has to be a binary choice between those two things. I want to recognise the good work that the Parole Board does. I think there is definitely a challenge, as the hon. Gentleman will have heard me say, around support for those who have been in prison for a decade longer than they were sentenced to. As I say, people in those circumstances might struggle to adapt to life on the outside. It is incumbent on us to work across Government; our Probation Service does so much, and other wraparound things can help us to go further. I think that the hon. Gentleman would accept, as I do, that these sentences have more than had their time—let us work together to bring them to an end.
Deirdre Costigan (Ealing Southall) (Lab)
I thank the Secretary of State for his statement. His colleague the Minister for Policing and Crime wrote to me over the summer to confirm that from 26 October, police in Ealing Southall will have the power to use Labour’s new respect orders, with persistent antisocial behaviour offenders facing up to two years in prison. Does he agree that the steps this Government are taking will help to ensure that there is room in our prisons for those who are making life a misery right now for many of my constituents in Ealing Southall?
I totally agree. It is sad that this needs to be stated, but there must always be places for people to go to prison when they have committed serious offences; the worst-case scenario would be either trials collapsing or people being rebailed back to the situation in which they were offending. That is why we have made the changes we have made.
Siân Berry (Brighton Pavilion) (Green)
The Secretary of State has spoken about sentenced prisoners, but he has not yet spoken about the 15,000 prisoners who are being held on remand, which includes one in four of all women in prison, particularly young women; those held for non-violent crimes, including protesters; and a higher proportion of people from minority groups. When will we see real action on remand decisions, and especially on the relevant recommendations from the Women’s Justice Board earlier this year?
I am grateful for the hon. Lady’s question. The remand population is very much a material part of this consideration. There is an important place for remand in public protection, but, as she will know, court delays are often a factor in the size of the remand population. There is important legislation on that making its way through this House; we will no doubt have important exchanges on that shortly.
Jonathan Hinder (Pendle and Clitheroe) (Lab)
I echo the remarks made by my hon. Friends the Members for Reading West and Mid Berkshire (Olivia Bailey) and for Forest of Dean (Matt Bishop), who are no longer in the Chamber, on Andrew Harper. What kind of message would it have sent to our 140,000 police officers if those killers had been released? It is important that those officers know that this House has their back, whether they are opening their locker at 6 am for the early shift or at 10 pm for the night shift, but I am afraid to say that due to Governments of all different stripes over a long period, police officers have not felt that. They are all used to politicians saying that they support the police and so forth, and we are grateful for that, but what police officers really need is for that support to be borne out in decision making and actions. I beg the Justice Secretary to bear that in mind in all the decisions he takes in what will, I hope, be a very successful tenure.
I am grateful to my hon. Friend. I recognise his service; he knows of what he speaks in this area. As I said to my hon. Friend the Member for Forest of Dean, I am well aware that the eyes of the policing family are on us. I ask them, as I ask my hon. Friend, to judge us by our actions. We want to get to the same place as them, which is a criminal justice system that is not running so hot, which means they will not have to be dragged away in all sorts of places, particularly on recall. We have lots of work to do, but my commitment is to do it with them.
Sir Ashley Fox (Bridgwater) (Con)
The Lord Chancellor will know that a substantial proportion of criminals released under Labour’s previous early release scheme have reoffended and are now back in prison, yet his Department refuses to release the exact numbers. Will he commit to releasing that data and, going forward, to release data on the new cohort of early release criminals who reoffend, so that this House can judge the success, or otherwise, of his policies?
I always enjoy a thorough debate on the statistics. The hon. Gentleman will know that the MOJ produces a wide range of statistics quarterly, and it will continue to do so. I will, of course, have a look at the important suggestion that he makes. It is really important that the public have the fullest amount of information in order to have the best public conversation.
Catherine Fookes (Monmouthshire) (Lab)
I thank the Secretary of State for his statement, and I am grateful that he has worked hard to exempt more criminals from early release, such as rapists and child sex offenders. The VAWG sector is clear that perpetrators of violence against women should not be included in the early release scheme. I know how difficult this is, because the Conservatives left us a complete mess to clear up. Welsh Women’s Aid is really grateful that the victims fund has been announced, which will help it to look after victims. Could the Secretary of State reassure me that no survivor will be harmed as a result of these releases?
I recognise the vigour and spirit with which my hon. Friend asked her question, and indeed the voice that she gives to a sector that is very concerned about these changes. I want to recognise that we wanted to go further than this. In being unable to do so, our commitment—what we are doing to close that gap—is to bring more support forward to ensure that there is direct support, whether through the victims hotline or the important work that the local sector does at a community level. It seems to me that the test for us to pass in order to prove that to victims is the process of engagement, getting quality information to people at the right time, and then designing the controls on perpetrators. That is the best thing we can do to seek to close that gap. Again, I appreciate that the burden of proof falls on us to demonstrate that we are doing that.
Several hon. Members rose—
Order. In order to help me to get every Member in, questions must be just one sentence. I call Caroline Voaden.
Caroline Voaden (South Devon) (LD)
I am going to say this all in one breath, Madam Deputy Speaker. Prison governors talk about the revolving door of prisoners, with almost half reoffending, but those who go through the LandWorks rehabilitation project in South Devon reoffend at a rate of just 5%, with 90% of them going into employment and back into the community. It is proven to be a success; it works. Will the new Minister for Prisons please come to South Devon to see LandWorks and what it does? It is magic—it is cheaper than prison, and it works. We need to roll this out across the country.
The Minister is very much looking forward to doing so.
Happy birthday, Madam Deputy Speaker.
I thank the Secretary of State for his statement. Officials will have given him a date or timeline for when the current prison system will reach full capacity. Could I ask how that compares to the previous assessment?
Like pretty much every Lord Chancellor for a number of years now, the first thing in my inbox on day one was a note saying, “By the way, we are going to run out of prison places”—my note said in November. I am pleased to say that as a result of changes made by my two immediate predecessors, the Sentencing Act improves on that saturation date, moving it comfortably into the future. Where we are on that will be set out when we publish our capacity report later this year, but my commitment is to go much further. Colleagues will have heard the Prime Minister say that he wants us to take a 10-year arc on these things, and the same is true for prison capacity.
The Government tell us that restriction zones will keep people safe, but victims need to see the small print to believe that, especially after the warnings in July’s National Audit Office report into tagging. If an offender leaves a restriction zone, what guarantee can the Justice Secretary give that the GPS system will warn police and probation officers so they can act to keep victims safe in real time?
Tagging is exceptionally important. The technology is improving, as is compliance with the contract. Similarly, we are making changes as part of this process. The presumption of tagging eliminates a point of failure, and tagging in prisons—a pilot that is developing—also reduces failure at that point. However, I appreciate the substance of the right hon. Lady’s point: we have to demonstrate to those who are interested in this space that this big commitment will be impactful. That is why I have made the commitment to do challenge work with those who care about this issue to demonstrate what we are doing.
Mr Jonathan Brash (Hartlepool) (Lab)
My constituent Terry Rowley received an IPP sentence on 8 February 2008 with a minimum tariff of one year and 126 days. That was 6,780 days ago—more than 18 and a half years—and yet he remains in prison. The Government have rightly committed to ending this injustice. Will the Justice Secretary ensure that as we do so, people like Terry will have a fair, transparent and genuinely rehabilitative route to release, while the public continue to be protected?
I totally agree. It is worth pausing and reflecting on what my hon. Friend has just said: someone who went to prison for a one-and-a-half-year sentence is still there 18 and a half years later. All of us should feel discomfort about that. It is right that we put the best possible support in place for those who are on that journey and passing Parole Board processes in order to attain their release from prison. For those who are not, we have to look at a way to bring IPP to a close. I am committed to working with colleagues to do so.
Ian Sollom (St Neots and Mid Cambridgeshire) (LD)
I welcome the Lord Chancellor’s announcement of investment in the Probation Service. Will he lay out what the Government are doing specifically to fix the vetting delays and staff attrition problems that have kept levels broadly stable despite previous investment, and will he commit to a date by which Cambridgeshire and Peterborough will exit prioritisation?
The hon. Gentleman makes a very important point about vetting. I heard from probation frontline leaders about cases that have taken them the thick end of a year, and the attrition rates as people go and get other jobs. We do not want to see that happen. Vetting must be done properly, and my hon. Friend the Prisons Minister and I are working with the Cabinet Office to improve it. On the specific point about Cambridgeshire and Peterborough, I will revert directly to him.
It is crucial that conditions are followed on release. However, automatic recall often means that people who miss a probation appointment end up in prison, often for months on end. Will the Secretary of State look at the recall process and ensure that it is fair and equitable and that if people do err on their conditions, there is work to support that person outside prison rather than their being brought back into custody?
My hon. Friend makes a really important point. I think we could say unanimously across this place that if an individual out on licence contacted their victim, that would be a significant transgression, and it would have the most significant response, as would breaching their conditions flagrantly and clearly deliberately. There is an element around non-compliance that is more technical—I have to say, I do not think that this is happening widely, but I want to recognise it in the spirit of my hon. Friend’s question. I would defend strongly the principle that people must turn up to the meetings that they are expected to attend, but as my hon. Friend has asked me to look at that issue, we will of course do that, because we want the recall system to be effective.
I am sure that the Lord Chancellor is aware that it is estimated that 20% of the prison population is made up of young people or adults who have previously been in care. Will the Lord Chancellor take a leading role across Government to ensure that there are measures in place to prevent care-experienced people going into prison, and that if they are in prison they have the necessary support to make sure that they do not return?
I absolutely agree. I have been having conversations with my right hon. Friend the Secretary of State for Education very recently on that point. I always took very seriously as a local councillor the role of corporate parent. For those children in care, we were their parents in law and in substance; we had to give them all the opportunities to thrive, and, as my hon. Friend says, when they were challenged to help them get out of that and build a more positive path. She is exactly right to raise that.
Happy birthday, Madam Deputy Speaker—a fellow Virgo.
I very much welcome the clarity in the Lord Chancellor’s statement, but on the issue of additional prison capacity, the Prison Officers’ Association has already raised extreme concerns about understaffing, under-resourcing, risk of extreme violence and overcrowding. What reassurances can he give today that additional resources will be provided to operate the extra spaces safely?
My hon. Friend makes an excellent point. I look forward to having these conversations with the leadership of the POA and its members, who do such a great job. I am very aware of the attrition rates and retention challenges among people working in our prison system because the estate runs hot. What we are doing is exactly in the service of making it a better place to work, so that they are not having to administer a system that is tense and running at its margins all the time. Deflating it in the ways that I have talked about will help us to build a more stable regime and a better place to work.
Josh Fenton-Glynn (Calder Valley) (Lab)
We know that these decisions are not easy and that they reflect the state that the system was left in, but I have concerns, as do charities, about domestic abuse survivors, because perpetrators are going to be let out as early as next month. It is clear that we need to do more to support these victims, so can the Minister please tell me what services will be put in place to ensure that there is adequate support for victims of domestic abuse whose perpetrators are being released?
I am grateful for the question. As I have said to other colleagues, I think that this is an important thing to demonstrate. My hon. Friend will have heard what I said about bringing the helpline forward and about support for local organisations to help support survivors through difficult periods, but the critical thing is high-quality engagement with victim liaison officers so that those individuals have certainty about what is happening and can help design controls around their perpetrator.
Dr Allison Gardner (Stoke-on-Trent South) (Lab)
Probation officers and their trade unions have expressed concern about the proposed removal of the workforce measurement tool used to ensure that staff caseloads are at safe levels, and no date has been set for a replacement. What assessment has the Secretary of State made of the capacity of the Probation Service to manage rising caseloads safely, and will a new platform be delivered before the current one is decommissioned?
I am grateful for the chance to address that. That system is coming to an end because it is 15 years old. It is right that we address that. I want there to be much better tech enablement across the Probation Service. I met staff and heard about the importance of AI transcription, which is able to reduce their paperwork load. We of course want to have effective workload management tools in place. That is what myself and my hon. Friend the Prisons Minister are working closely on as we move to the new model.
I thank my right hon. Friend for grasping the nettle of IPP prisoners. I remind the House that it was Bob Neill, the Conservative Chair of the Justice Committee, who built consensus on that Committee and brought forward a report to urge the Government to act and set up a number of proposals. I see that Bob’s name is not on the list of advisers that the Secretary of State has mentioned. It would be useful having him on board, I believe.
That is an excellent suggestion by my right hon. Friend; I will be in touch with Bob. We do not intend for this to be a long, drawn-out process. We want to build from the best evidence that is available from those who have been active in this space. I certainly will make sure that I contact Bob to see how he can help us in this process. I remember him very fondly from his time in this place.
The Secretary of State will be aware of my constituents Gemma Chappell and Rachel Walls, the great-aunts of baby Maya, who died at the hands of her mother’s partner. I thank the Secretary of State and the Prime Minister for reviewing the early release scheme so that Maya’s mother, who was scheduled for early release this month, will not now be included in this scheme. I commend him for the proposals that he has explained to increase accommodation. Can he say how victims will be supported in the future?
My hon. Friend raised directly with me and colleagues that appalling case, which when it came to public attention rightly sickened everybody who saw it. I am pleased that we have been able to make the changes that we have, but I again recognise the impact of the uncertainty across the summer. On the point about victim support, it is about high-quality engagement through victim liaison officers as well as access to local support services. We are augmenting our funding for that and the victims helpline.
Alex McIntyre (Gloucester) (Lab)
I thank the Lord Chancellor for the focus on victims in his statement. Some of the most harrowing conversations I have had as an MP have been with victims and survivors. The failures in the tagging system have had a great impact on them, retraumatising them again and again. Can he explain to my constituents what the impact of the new restriction zones will have on them and their experience of the criminal justice system going forward?
It is a really significant change. What I am about to say is not just about restriction zones, but it is really important that I say it. Traditionally, victims and survivors have lived their lives around the licence conditions of their perpetrator. We need to flip that, and restriction zones give us that chance. My right hon. Friend the Home Secretary is here on the Front Bench, which is very helpful, because she built this system out. That is the change that we want to see to ensure that victims are living full lives.
Sarah Russell (Congleton) (Lab)
The Lord Chancellor has inherited an absolute mess in the prison system, and I feel heart sorry for him trying to balance the needs of victims with the need for justice and the need to manage the prison estate in a meaningful way. Exclusion zones could be absolutely transformative in enabling victims to live their lives going forward, but it is contingent on the tagging service being effective. At the moment, people and particularly victims would assume that if someone breaches their tag restriction zone, at the very least their probation officer would be automatically informed, but the IT does not function in that way. When will that be in place?
The technology is rapidly improving, as is compliance. There are other points of failure, such as people not getting tags. That is why that presumption helps, as does tagging in prison. I was with staff on Friday and I was tagged, as colleagues may have seen. I have to say it worked very effectively in that case. We are absolutely resolute that it must work. That is why we are putting this effort and investment in.
Amanda Martin (Portsmouth North) (Lab)
I welcome the Lord Chancellor’s statement and the changes he is making. I know that victims have been at the forefront of his and the Prime Minister’s minds. Families such as those of Chloe Holland and Skye Nicholls have seen the devastating consequences of domestic abuse. How will these and future changes better protect victims and ensure that the psychological harm caused by domestic abuse, particularly coercive control, is properly recognised?
I really recognise the importance of that question, and indeed the anxiety caused for survivors of domestic abuse as a result of the changes. We need clearer, earlier flagging. That is something that has been lacking, and we are resolute in addressing that. As I say, it is important that extra support is brought forward sooner and more investment is put into it. We also need really good engagement with victim liaison officers so that the victim or survivor knows exactly what will happen with their perpetrator and can shape the controls on them.