Oral Answers to Questions

Andy Slaughter Excerpts
Tuesday 16th September 2025

(1 day, 7 hours ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Speaker
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I call the Chair of the Justice Committee.

Andy Slaughter Portrait Andy Slaughter (Hammersmith and Chiswick) (Lab)
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I welcome my right hon. Friend back to his rightful place. I remember being a junior shadow Minister under him—I will try to be less deferential in my current role.

My right hon. Friend rightly says that the Government are recruiting new probation officers to fulfil the new responsibilities under the Sentencing Bill and to deal with early release. The BBC recently reported, however, a shortage of 10,000 probation officers. How are we going to fill that gap? The Probation Service is absolutely essential to the strategy that he is rightly following now.

David Lammy Portrait Mr Lammy
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My hon. Friend and I did a lot of work together while the Probation Service was decimated by a badly botched privatisation that ruined such an incredible service. He is right that we will need to recruit more officers. The £700 million that we found is essential, and I will be looking closely at the allocations over the coming months.

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Lindsay Hoyle Portrait Mr Speaker
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I call the Chair of the Justice Committee.

Andy Slaughter Portrait Andy Slaughter (Hammersmith and Chiswick) (Lab)
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I am sure the Lord Chancellor has read Baroness Harman’s independent review of bullying, harassment and sexual harassment at the Bar and on the bench, which was published last week. Its troubling findings are primarily for the Bar itself and for the judiciary to address, but do the Government support the report’s recommendations and what can they do to ensure that they are implemented?

Sarah Sackman Portrait Sarah Sackman
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In typical fashion, Baroness Harman has conducted a thorough review into our professions and the judiciary. The judiciary and the Bar are one of the prides of this country, but where there are unacceptable practices and behaviours, it is right that we shine a light on them and demand that we do much better.

Sentencing Bill

Andy Slaughter Excerpts
Tuesday 16th September 2025

(1 day, 7 hours ago)

Commons Chamber
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Andy Slaughter Portrait Andy Slaughter (Hammersmith and Chiswick) (Lab)
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Prisons in England and Wales are almost at capacity. The prison population currently stands at 87,578, with a current operational capacity of 89,664. The latest prison population projections estimate that the population will rise to between 95,700 and 105,200 by March 2029. This troubling picture means that reform is essential if we are to reduce the prison population and return to a functional criminal justice system. I welcome the reforms suggested in the Bill; they are both a necessity and the right direction of travel for an effective prison system. The Government have taken up most of the recommendations made in David Gauke’s independent sentencing review, which if taken together will reduce the numbers in custody by almost 10,000.

The prison system is in a unique place. It will be accommodating the highest number of inmates in history while working hard to find non-custodial punishments for a growing number of offenders. This is necessary following the irresponsible neglect of the criminal justice system under successive Tory Governments. It is also the first step to a prison and probation system that puts rehabilitation alongside punishment as an objective—that objective being a reduction in reoffending, with beneficial outcomes for offenders, victims and the taxpayer alike. I have no issue with the strategy, but I have serious concerns about the specific measures needed to achieve its purpose.

John Hayes Portrait Sir John Hayes
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I am grateful to the hon. Member for giving way; he is always courteous in the Chamber. Let us be clear: is the Bill a result of too few prison places —I acknowledge, by the way, that successive Governments have built too few prisons—or is it driven by a certain ideology? Is it about rehabilitation, which I describe as the treatmentist approach to crime? There is a confused message emanating from this Chamber. On the one hand we are told that it is a matter of convenience, because we do not have the places, but on the other hand we are told it is a matter of principle, because we do not believe in prison. Where does the hon. Member stand on that?

Andy Slaughter Portrait Andy Slaughter
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The right hon. Member is not easily confused. I will turn to exactly that point later, but in brief it is both, and there is a contradiction in it being both. There is going to be a massive expansion in prison places, and there are going to be more people in prison. However, at the same time, partly to reduce the need for even more prisons to be built and partly because there are alternatives to custody, there will be people leaving prison as well. It is a difficult trick to pull off, I appreciate, but I am sure that my right hon. Friend the Secretary of State is up to the task.

The Sentencing Bill shifts the focus from custodial sentences to dealing with offenders in the community. It is paramount, therefore, that probation services are adequately funded to manage the substantial increase in workload and that supporting resources, such as electronic monitoring, are available and reliable. There are several measures in the Bill that will increase the pressure on probation services. These include a statutory presumption to suspend custodial sentences of 12 months or less; an extension of the availability of suspended sentences to three years rather than two; and new community orders, including those that ban offenders from public events and drinking establishments, prohibit offenders from driving and impose restriction zones on them.

In the 2023-24 annual report and accounts for the Prison and Probation Service, the overall annual leaving rate for Probation Service staff was over 10%. His Majesty’s inspectorate of probation said:

“High workloads and a lack of support are critical factors in driving practitioners away from their roles”.

A report leaked to the BBC estimated that there is currently a shortfall of around 10,000 probation staff, which is four or five times the number being recruited. I welcome the extra £700 million pledged during the spending review period to assist the Probation Service in dealing with the increased pressures. It will be vital in filling the shortfall and increasing staff retention. My right hon. Friend the Secretary of State acknowledged that in response to me during Justice questions today.

The success of the measures in the Bill relies heavily on the use of electronic monitoring, primarily through the use of tags. The Justice Committee has continually raised its concerns about the performance of Serco, the Government’s current tagging provider. In correspondence with the Committee dated 7 May this year, the Prisons Minister revealed to us the shocking fact that Serco had received financial penalties for poor performance every month since it took on the electronic monitoring contract a year earlier.

In oral evidence given to the Committee, Ministers have recognised that Serco’s performance has been unacceptable and that stronger punishments for Serco are possible, should it continue to fail. Those should include possible debarment and exclusion from bidding for public contracts. Indeed, some of us wondered how Serco was ever awarded that contract by the previous Government after the appalling fraud it committed during its previous tenure as contractor. Ministers have reassured us that Serco’s performance is beginning to improve. It is difficult to see how the Government can continue to have faith in Serco, but it is also evident that they cannot easily shift to another contractor as there appears to be no viable alternative.

Julian Lewis Portrait Sir Julian Lewis
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Naturally, I had assumed that if people were not going to serve short sentences, in many cases they would be tagged. It is worrying to hear what the hon. Member is saying about Serco’s performance. Is he saying that effectively the people being tagged are not being properly monitored? In which case, does that not bring the viability of the whole system into question?

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Andy Slaughter Portrait Andy Slaughter
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That is a valid concern. Ministers assure us that performance on the contract is improving in exactly those areas, but we are not just waiting for that improvement; we are introducing a huge additional burden, because all those offenders who will now remain in the community, rather than being incarcerated, will need tagging. I worry that an unreliable contractor with a poor record—even if it is improving—is being given a great additional burden.

Let me turn to another aspect of the Bill. It amends the Criminal Justice Act 2003 to revise down the statutory release point for standard determinate sentence prisoners to one third, although additional days added to time in custody as a consequence of breaches of the Prison Rules 1999, known as adjudications, will be served after the one-third point. Those changes follow the sentencing review’s recommendation that the Government should introduce an earned progression model for those serving SDSs. The review argued that, as a large proportion of offenders will be released after one third of their sentence,

“custodial sentences should be used to incentivise good behaviour and focus on limiting the risks of reoffending.”

As the sentencing review set out:

“The criteria for compliance should also include the expectation that the offender will engage in purposeful activity and attend any required work, education, treatments and/or training obligations where these are available.”

The review also held the view that,

“as prison capacity eases and fuller regimes become possible, compliance requirements for earned release should become more demanding.”

I would appreciate clarity from the Minister on what exactly is meant by a “more demanding” regime.

The Justice Committee is currently halfway through its inquiry into the rehabilitation and resettlement of offenders. It has heard of the difficulties that prisons face in administering proper rehabilitation programmes when prisons are full, which results in most of their efforts being focused on dealing with day-to-day incidents and combating widespread drug use. Rehabilitative programmes also vary greatly between prisons.

I welcome the steps taken towards an earned progression model in the Bill and hope they can free up capacity to allow for a better and more consistent rehabilitative regime. It is important that once the changes are made, rehabilitative regimes remain robust and continue to be focused on combating the behaviours that lead to reoffending, rather than being focused primarily on prisoners meeting the goals that lead to their early release—that is a rare point of agreement with the shadow Lord Chancellor.

Under the earned progression model, there is also the possibility that some prisoners may stay in prison for longer than they currently would as they do not meet the new criteria for release and are required to serve additional days. That, of course, will put further strain on the numbers in prison. Prisoners should be provided with clear guidance setting out how they should implement the earned progression model. This will ensure consistency for prisoners subject to the model and ensure that victims are informed of what to expect under the scheme.

In brief, we need to ensure, first, that the reasons for rehabilitation are clear—are they undertaking additional work, or are they simply keeping their noses clean in prison? We need to consider how rehabilitation will be used in prisons in future, and we need look at every aspect of incarceration as to how the earned progression model will work.

The Bill contains two clauses that make provisions relating to the Sentencing Council. Clause 19 introduces a statutory obligation on the Sentencing Council to obtain joint approval from the Lord Chancellor and the Lady Chief Justice for all sentencing guidelines before final definitive guidelines are issued. It is borne out of the disagreement of the former Lord Chancellor with the Sentencing Council earlier this year regarding the revised guideline on the imposition of community and custodial sentences. The revised guideline was the subject of much, and often poor-quality, political debate at the time.

The former Lord Chancellor promised to further review the Sentencing Council’s powers during the Bill stages of the Sentencing Guidelines (Pre-sentence Reports) Act 2025 in April this year. On Second Reading, I expressed my concern that it could cause

“damage to the relationship between Parliament, the Executive and the judiciary.”——[Official Report, 22 April 2025; Vol. 765, c. 1012.]

I also expressed regret about how it had been used to support attacks on the judiciary. Concerns have been raised regarding the impact that the Lord Chancellor’s veto in clause 19 could have on the judicial independence of the Sentencing Council.

However, if we are to have a double lock, perhaps we should have a triple lock. One suggestion that was made to me was that the Justice Committee—as well as or instead of the Lord Chancellor—should be granted the power to veto or approve guidelines. That would operate alongside the equivalent power of the Lady Chief Justice. It would go beyond the Committee’s current role as a statutory consultee for ordinary Sentencing Council guidelines, but the logic would be to rebalance power so that democratic parliamentary oversight is given to the guidelines, rather than there being a veto on behalf of only the Executive and the judiciary.

One area not covered in the Gauke review or the Bill is the question of those who are in prison on imprisonment for public protection sentences. It has been 12 years since the last IPP sentence was handed down, yet around 2,500 people are still serving IPP sentences in prison. It is now widely acknowledged that the nature of such sentences causes serious distress for those who are serving them and their loved ones. I welcome the Government’s progress in reducing the numbers of IPP prisoners, with a 9% reduction in the year to 31 March 2025. More could still be done, but the work being done through the action plan by the current Prisons Minister, and indeed the previous sentencing Minister, has gone some way towards achieving that.

In 2022, the previous Justice Committee recommended that a resentencing exercise should be carried out to bring the sentencing for IPP prisoners into line with current sentencing practice. Successive Governments have chosen not to take up that recommendation. My position remains that a resentencing exercise is the most effective and comprehensive way to reduce the number of IPP prisoners, and I think IPP prisoners should have been included in this legislation.

In conclusion, I welcome the legislation and commend the Government for bringing forward these bold reforms. However, I note that there are a number of areas where more detail is needed and where I can see challenges in its implementation. Many of the measures in the Bill will place extra pressures on an already stretched Probation Service. I hope that some of the issues that I have highlighted can be covered during the Bill’s passage through the House, despite the limited time that we will have in Committee of the whole House. I and my colleagues on the Justice Committee will consider ways in which we may be able to press the Government on points of concern through amendments. I hope that the Bill will go at least some way towards solving our prisons crisis and restoring the faith of the public in our damaged criminal justice system.

Judith Cummins Portrait Madam Deputy Speaker (Judith Cummins)
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I call the Liberal Democrat spokesperson.

Duty of Candour for Public Authorities and Legal Representation for Bereaved Families

Andy Slaughter Excerpts
Wednesday 3rd September 2025

(2 weeks ago)

Westminster Hall
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Andy Slaughter Portrait Andy Slaughter (Hammersmith and Chiswick) (Lab)
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It is a pleasure to see so many people here. We clearly cannot do justice to this subject in two and a half minutes, but in a way, the number of people here speaks more eloquently than any speech. I thank my hon. Friend the Member for Liverpool West Derby (Ian Byrne) for securing the debate and for all the work that he has done on this issue. He has rightly identified two essential elements that are necessary to ensure justice where there is a major event resulting in death or serious injury.

This is something that the Justice Committee—and the predecessor Committee to the one I chair—has been calling for for many years. Four years ago in a report, the Committee recommended that

“Non-means tested legal aid should be automatically available at the most complex inquests such as those following public disasters. In all inquests where public bodies are legally represented bereaved people should be entitled to publicly funded legal representation.”

That is something that the Joint Committee on Human Rights has also found. Indeed, when considering the issue of the duty of candour in 2023, it recommended that a duty to be candid at inquests should be extended to all public bodies. That is essential if we are not to continue to make the horrific mistakes that have been made, not just in the case of Hillsborough, but in many other tragedies over the past years and decades.

In the short time I have, I will mention two other important elements. Yesterday, the Justice Committee interviewed an outstanding candidate for the Independent Public Advocate, Cindy Butts, who endorsed the need for legal representation and the duty of candour. If she is appointed later this week, as I hope she will be, she will be outstanding in championing these matters.

The final point I will mention is a national oversight mechanism, which is equally important. In many cases, even where there has been a proper hearing, recommendations have just sat on the shelf. I fully support the campaign of Inquest and other organisations to ensure that we have that mechanism in the future. It needs to be part of this package of measures going forward.

Justice

Andy Slaughter Excerpts
Monday 1st September 2025

(2 weeks, 2 days ago)

Written Corrections
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Shabana Mahmood Portrait Shabana Mahmood
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As I think the hon. Lady will be aware, that is primarily a policy area for our colleagues in the Home Office, but I will make sure that we raise those issues with them.

Trial by Jury: Proposed Restrictions

The following extract is from the debate on Trial by Jury: Proposed Restrictions on 9 July 2025.

Andy Slaughter Portrait Andy Slaughter (Hammersmith and Chiswick) (Lab)
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What Sir Brian’s comprehensive report demonstrates is the terrible state that our once envied criminal justice system was left in by the shadow Lord Chancellor and his colleagues. Does my hon. and learned Friend agree with Sir Brian that digging ourselves out of the hole in which they left us will require more investment, greater efficiency and structural change? Is that the debt that we owe to victims of crime in particular, to ensure that they get justice? It is up to this Government to put right the wrongs that have been done over the past 14 years.

Sarah Sackman Portrait Sarah Sackman
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As ever, my hon. Friend the Chair of the Justice Committee, gives a considered response and he is absolutely right. There needs to be a recognition of the scale of the problem and two things are required: investment and reform. When hon. Members read the report, they will see that Sir Brian is very clear that we need investment. This Government are already beginning to make that investment, through the additional Crown court sitting days that we have laid on this year; running the system at system max; additional funding for legal aid lawyers and criminal legal aid; and £92 million to keep the sector going, on both the defence and the prosecutorial sides. We are making that investment but, critically, as Sir Brian makes absolutely clear, that alone will not be enough…

[Official Report, 9 July 2025; Vol. 770, c. 951.]

Written correction submitted by the Minister of State, Ministry of Justice, the hon. and learned Member for Finchley and Golders Green (Sarah Sackman):

Trial by Jury: Proposed Restrictions

Andy Slaughter Excerpts
Wednesday 9th July 2025

(2 months, 1 week ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Speaker
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I call the Chair of the Justice Committee.

Andy Slaughter Portrait Andy Slaughter (Hammersmith and Chiswick) (Lab)
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What Sir Brian’s comprehensive report demonstrates is the terrible state that our once envied criminal justice system was left in by the shadow Lord Chancellor and his colleagues. Does my hon. and learned Friend agree with Sir Brian that digging ourselves out of the hole in which they left us will require more investment, greater efficiency and structural change? Is that the debt that we owe to victims of crime in particular, to ensure that they get justice? It is up to this Government to put right the wrongs that have been done over the past 14 years.

Sarah Sackman Portrait Sarah Sackman
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As ever, my hon. Friend the Chair of the Justice Committee, gives a considered response and he is absolutely right. There needs to be a recognition of the scale of the problem and two things are required: investment and reform. When hon. Members read the report, they will see that Sir Brian is very clear that we need investment. This Government are already beginning to make that investment, through the additional Crown court sitting days that we have laid on this year; running the system at system max; additional funding for legal aid lawyers and criminal legal aid; and £92 million to keep the sector going, on both the defence and the prosecutorial sides. We are making that investment but, critically, as Sir Brian makes absolutely clear, that alone will not be enough. We need to consider once-in-a-generation structural reforms that will run a sustainable, proportionate system that will allow us to deliver swifter justice for victims. Investment and reform: that is what we will be getting on with and that is what we will report on in the autumn.

Oral Answers to Questions

Andy Slaughter Excerpts
Tuesday 8th July 2025

(2 months, 1 week ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Speaker
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I call the Chair of the Justice Committee.

Andy Slaughter Portrait Andy Slaughter (Hammersmith and Chiswick) (Lab)
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Last year, 839 magistrates court trials and 186 Crown court trials had to be cancelled because the defendant was not brought to court on time by prisoner escort contractors. We expect Sir Brian’s report very shortly, which will have a range of proposals on how to reduce the unprecedented backlog in the Crown courts. Does my right hon. Friend agree that however effective those reforms prove to be, they will be undermined from the start unless the performance of contractors such as Serco improves?

Shabana Mahmood Portrait Shabana Mahmood
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My hon. Friend is right that the performance of contractors needs to improve. He and I have discussed that, and the issue regularly comes up in oral questions in relation to the contract for electronic monitoring. We monitor those contracts regularly. We are determined to pursue once-in-a-generation reform, but my hon. Friend will know that the whole system needs to become more productive and efficient. That is why there will be a second part to Sir Brian Leveson’s work, which will report later in the year, and which will look at productivity and efficiency across the criminal justice system. I regularly discuss these matters with the Criminal Justice Board as well.

Criminal Justice

Andy Slaughter Excerpts
Wednesday 25th June 2025

(2 months, 3 weeks ago)

Commons Chamber
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Andy Slaughter Portrait Andy Slaughter (Hammersmith and Chiswick) (Lab)
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I thank the Backbench Business Committee for allowing time for this important debate on the spending of the Ministry of Justice on criminal justice.

An effective criminal justice system is vital to the proper functioning of a democratic society. An ineffective criminal justice system presents grave risks for both social and economic stability. We are at a pivotal moment for the health of our criminal justice system, with prisons operating at close to full capacity, coupled with a backlog in the Crown courts of over 74,000 cases. Investment and reform are required.

The Ministry of Justice suffered some of the most severe budget cuts of any Department during the years of Tory austerity. In 2023-24, its resource expenditure level was 11% less in real terms than it had been in 2010-11. I therefore welcome the Labour Government’s investment in the criminal justice system, announced through the main estimates and the spending review. The main estimates confirmed that the MOJ’s day-to-day spending is set to increase by £793 million or 6.5%, which includes further investment in the Prison and Probation Service and the Courts and Tribunals Service. The MOJ’s investment capital spending is also set to increase by £351 million or over 20%, largely driven by investment in creating new prison places and major projects to maintain court capacity and invest in digital systems and security measures.

The spending review also announced £7 billion to be allocated between 2024-25 and 2029-30 to support the delivery of 14,000 urgently needed new prison places by 2031, and an increase of up to £700 million a year for the Probation Service by 2028-29 compared with 2025-26. This is especially important given the recommendations made by David Gauke’s independent sentencing review, which I will come to in a moment. The spending review also announced up to £450 million a year of additional investment for the courts system by 2028-29, aimed at increasing Crown court sitting days and implementing the forthcoming recommendations from Sir Brian Leveson’s independent review of the criminal courts, which is set to deliver its first report next month.

Combining the estimates and the spending review presents a largely positive picture for investment in the MOJ. The estimate for resource expenditure in 2025-26 is 14% more than the spending plans for 2024-25. This increase may help to offset some of the underfunding that the Department was subject to in the 2010s. The estimate for capital expenditure in 2025-26 is 32% more than the plans for the year 2024-25. This will be a record high level of capital expenditure for the MOJ over the course of a financial year. It remains to be seen whether the funding will be enough to address the challenges that the criminal justice system faces.

In the interests of time, I will focus on three key areas: prisons and probation, the courts and legal aid. His Majesty’s Prison and Probation Service is the largest body within the MOJ in terms of expenditure. It makes up 47% of the MOJ’s day-to-day spending budget and in the 2025-26 main estimate will make up 82% of its planned capital spending. The prison population has more than doubled over the last 30 years and stands at around 88,000. It continues to grow year on year and is at a record high. If things continue as they are, the prison population will be at 93,500 by September 2026 and over 100,000 by September 2028, and there will not be sufficient places.

The MOJ cites the following reasons for the increase: an increase in police charging activity and flow into the courts; an increase in people on remand, who now make up an astonishing 20% of the prison population; and changes in sentencing policy, which keeps the more serious offenders in prison for much longer.

I welcome the Lord Chancellor’s commitment to build 14,000 prison places by 2031, and I hope that will ensure that emergency measures such as SDS40, which last year saw prisoners released automatically having served 40% of their sentences, do not have to be used again. In the context of the prison capacity crisis, the Government commissioned a sentencing review, which reported last month, by David Gauke, who gave evidence to the Committee last week. Many of the review’s recommendations have been accepted in principle by the Government. They include a recommendation for a new model of sentencing called the “earned progression model”, which could see some prisoners serving fixed-term sentences released after a third of their sentence, dependent on their behaviour. That recommendation and others in the review are aimed at making greater use of non-custodial sentences and therefore attempting to reduce the prison population. I look forward to seeing the detail of how those recommendations will be implemented in the forthcoming sentencing Bill.

Non-custodial sentences will place an additional burden on the already struggling Probation Service, to which I will turn. But, before I do that, could I issue a cautionary note? Even if David Gauke’s recommendations are wholly successful, prisons will still be full, and that has unintended consequences. It means, for example, that prisoners have to be slotted into places where those become available, and rehabilitation is more difficult. As Sky News reported recently, some prisoners are put into lower category prisons—category C and D prisons—years before they should be with regard to their sentence planning, and the prisoner escort service, which is already in a pretty parlous state, often brings prisoners late to court because it is not available at local prisons. Therefore, anything that can be done for effective community punishment and rehabilitation is clearly good.

Catherine Atkinson Portrait Catherine Atkinson (Derby North) (Lab)
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With 80% of offenders being reoffenders, does that not show that our current system is really broken and that we need a different approach? Does my hon. Friend agree that we have an opportunity with the sentencing review to keep our communities safer by properly addressing reoffending?

Andy Slaughter Portrait Andy Slaughter
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My hon. Friend, who is knowledgeable on these issues, is absolutely right. We are relying on the implementation of the Gauke review’s recommendations to do two things: to ensure there is capacity in the prisons for the growing number of people being sentenced in our courts; and, in the longer term, to reduce prisoner numbers through effective rehabilitation. That can take place in prisons—not in overcrowded prisons on the whole —but it can take place more effectively in the community by way of getting people back into normal daily life, which prison certainly is not.

In that vein, let me turn to the Probation Service, which will receive an additional £700 million a year to support the reforms in the sentencing review. That is a substantial increase in funding, which is intended to enable probation to supervise more people in the community and expand electronic tagging.

The Probation Service currently manages 240,000 individuals on court order or licence. Worryingly, in last year’s annual report, HM inspectorate of probation labelled 10 local probation services as “requires improvement” and 14 as “inadequate”. It identified staffing challenges, unmanageable workloads, deficits in casework and insufficient management of risk, public protection and safeguarding. However, it also found outstanding statutory victim work, commitment and vision from staff and some good partnership working. The Committee has seen that itself on its visit to probation services.

I will however raise my concern about the ability of Serco, the current electronic tagging provider, to deal with the dramatic increase in demand on its services that will inevitably result from the sentencing Bill. The Committee has been in frequent correspondence with the Prisons Minister to raise our concerns regarding Serco’s poor performance, which has also been highlighted by Channel 4 and its “Dispatches” programme.

The Committee has identified several issues with management of the tagging contract, including substantial delays to the fitting of tags, even to serious offenders. We were shocked to learn that financial penalties have been levied on Serco every month since it took on the service in May 2024. It is unclear how Serco will be able to deal with increased demand given its unacceptable performance in managing the electronic tagging service at its current level.

I turn briefly to conditions in the prison estate. In 2023, HM chief inspector of prisons Charlie Taylor said that one in 10 prisons should be closed down. He stated that about 14 Victorian jails were so poorly designed, overcrowded and ill-equipped that they could not provide proper accommodation for prisoners. Last year, 63% of prisoners reported overcrowding. That is often with two or more prisoners in a cell that was designed for one person, with no private toilet facilities.

Drugs are an increasing problem in prisons. The Committee has covered that extensively in its “Tackling drugs in prisons” inquiry, which is due to report shortly. Between April 2023 and April 2024, almost 50,000 adults aged 18 and over were in alcohol and drug treatment in prisons and secure settings, which was a 7% rise compared with the previous year. In the 12 months to December 2024, there were 10,600 assaults on prison staff—violence is also on the increase in prison, which is partly a result of the unpredictable environment created by the abundance of drugs available—which is equivalent to 122 assaults per 1,000 prisoners, an increase of 13% from the previous year and the highest number of assaults on prison staff recorded in one year. The use of force by prison officers and rates of self-harm among prisoners have also been increasing in recent years. Self-harm was 10% higher in 2024 than in 2023.

Overcrowding, increased drug use, violence and self-harm contribute towards a distressing environment in prisons such that the vital function of prisons to rehabilitate offenders can be almost impossible in some institutions. We are undertaking a major inquiry into rehabilitation and resettlement, which I hope will shed more light on these troubling pictures.

Beyond all that, we have the continuing scandal of IPP prisoners—those imprisoned for public protection. I recommend to the Minister the proposals published this week by the Howard League on a new approach to IPP prisoners, which would serve to reduce the numbers continuing in custody substantially.

Let me turn to His Majesty’s Courts and Tribunals Service, which is the second-largest body in the MOJ. In the Government’s main estimate for 2025-26, spending on HMCTS accounted for 21% of planned resource spending and 12% of capital spending. The current backlog of outstanding cases in the Crown court stands at about 4,000. That is a result of a number of factors, one of which is the shortage of criminal lawyers, driven by low legal aid pay rates and poor working conditions. The backlog in the courts is detrimental to the lives of thousands of people. Victims, witnesses and defendants alike are forced to wait in limbo for justice.

Neil Shastri-Hurst Portrait Dr Neil Shastri-Hurst (Solihull West and Shirley) (Con)
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The hon. Gentleman raises an important point about court backlogs. Another factor is having the appropriate magistrates, legal advisers and so on to hear these cases. The Magistrates’ Association has raised concerns that the spending review allocation is insufficient to tackle that. Does he share those concerns?

Andy Slaughter Portrait Andy Slaughter
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I do share those concerns. I want to take only a few more minutes with my speech, so I do not have time to go into what is happening in the magistrates courts as well—that is a debate for another day—but the shortage of magistrates, the shortage of legal clerks and low pay rates across HMCTS are clearly some of the factors that prevent us from getting to grips with the backlog, even though I have no doubt the Government wish to do that.

I welcome the Lord Chancellor’s allocation of 110,000 sitting days in the Crown court for 2025-26: the highest sitting-day allocation made since HMCTS was created and the biggest financial settlement ever made for the Crown court. I hope that that is enough to bring about some reduction in the backlog. However, I note that the allocation is below the 113,000 days that the Lady Chief Justice told the Committee the Crown court could sit for in the last financial year, and there have been similar increases in sitting days for other courts, including the magistrates court, which will sit for up to 114,000 days a year.

The Government have acknowledged that the allocation of days is not enough on its own to severely reduce the backlog in the Crown courts and that more radical reform is required. I therefore welcome Sir Brian Leveson’s independent review of criminal courts, which will propose options for both short and long-term reforms aimed at ensuring cases are dealt with proportionately in the light of current pressures on the Crown court and explore how the courts could operate as efficiently as possible. I look forward to the first report of the review, which is due to be published next month.

I will briefly touch on the role of the Legal Aid Agency. In terms of expenditure, the LAA is the third largest body within MOJ. Its day-to-day budget was around £0.9 billion, which comprised 8% of the MOJ’s total resource budget. Between 2009-10 and 2023-24, resource expenditure on legal aid decreased by 2% in cash terms and by 31% in real terms. I was surprised to see that the spending review did not include a specific funding allocation for the Legal Aid Agency; the only reference to it was in the context of potential efficiency savings that the MOJ will make in the review period.

Concerns have been raised about the sustainability of the criminal legal aid sector, given the number of legal aid firms and of solicitors and barristers practising in this area. In March 2025, the Law Society said that the number of criminal duty solicitors had fallen by 26% since 2017 and that that may, in future,

“leave many individuals unable to access their right to a solicitor and free advice.”

Even though I welcome the MOJ’s announcements in December 2024 of an additional £92 million per year for criminal aid solicitors, and I look forward to seeing the results of its consultation on that, it may well not be enough. Indeed, the 15% uplift in criminal barristers’ fees as a consequence of the Bellamy review took so long to come in and was so far overtaken by other increases in cost that that again needs to be looked at in the near future if we are to sustain the criminal Bar.

Linsey Farnsworth Portrait Linsey Farnsworth (Amber Valley) (Lab)
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Does my hon. Friend agree that the lack of legal aid solicitors and barristers will only compound the problems of the court backlog? That is because cases will either have to be adjourned as a consequence of lack of legal counsel or they will take longer when defendants appear without legal counsel because those defendants will need more time and support from the court and other court services. Is my hon. Friend concerned about that?

Andy Slaughter Portrait Andy Slaughter
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That is already happening. Non-availability of counsel, whether Crime Prosecution Service or defence counsel, is already one of the main reasons for ineffective trials. I therefore hope we will hear something about that and the Government’s plans to alleviate it when the Minister responds.

I briefly mention the cyber-attack that the Legal Aid Agency was subject to in April. The attack revealed serious concerns about the robustness of Government-managed digital services and the protection of sensitive data, and holds risks for the day-to-day operation of the justice system. We need the further statement that the Courts Minister promised on the steps being taken to recover that position—not today, perhaps, but soon—and the Committee will conduct its own inquiry into access to justice, beginning with a call to evidence this summer.

I reemphasise the importance of the role the criminal justice system plays in the proper functioning of our society. Out of sight should not be out of mind, in that respect. I appreciate the steps that this Government are taking and the struggle and the tasks that they have going forward. However, there is so much to do that we need to get on with it in a speedy fashion.

Finally, let me thank all those who work in the criminal justice system: those who risk their lives and their safety as frontline prison officers and probation officers, and those who keep the system running—judges, barristers and court staff. Across the piece, we see people going above and beyond because of the situation in which the system has been left. I am sure this is one point that will unite both sides of the House: we all appreciate the work that goes on every day to keep people safe and to ensure that justice is done.

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Andy Slaughter Portrait Andy Slaughter
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I do not need to add anything to my opening speech, because the inevitable gaps have been filled eloquently by the subsequent speakers. Let me just take two minutes to thank those who have contributed to the debate.

I thank the hon. Member for Bridgwater (Sir Ashley Fox), my hon. Friends the Members for Colchester (Pam Cox) and for Amber Valley (Linsey Farnsworth), the hon. Member for Wells and Mendip Hills (Tessa Munt), the hon. Member for Solihull West and Shirley (Dr Shastri-Hurst) and the hon. Member for Eastbourne (Josh Babarinde). They are all members of the Justice Committee, although the hon. Member for Eastbourne was wearing his other hat today as the Liberal Democrat spokesperson, and I thank them for being here today. Indeed, I thank all the Committee members. With the exception of the hon. Member for Wells and Mendip Hills, who resumed a distinguished parliamentary career after a short gap, they are all new Members, and they all give a great deal of time to this role in addition to everything else that new Members have to do.

I also thank the other Members who have spoken. I thank my hon. Friend the Member for Bournemouth East (Tom Hayes) for his forensic dissection of the last Government’s failings in this area, and I thank, in particular, my hon. Friend the Member for Liverpool Riverside (Kim Johnson), who covered ground that I did not have time to cover in relation to the Criminal Cases Review Commission and miscarriages of justice. I am grateful for her work in chairing the all-party parliamentary group for miscarriages of justice, as I am to my hon. Friend the Member for Derby North (Catherine Atkinson)—who chairs the all-party parliamentary group on access to justice—for her work on that and to other APPGs in this field.

I even thank the Front Benchers for their contributions. The hon. Member for Eastbourne is always very critical but very constructive. Perhaps the hon. Member for Bexhill and Battle (Dr Mullan) would like to adopt that approach.

Kieran Mullan Portrait Dr Mullan
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indicated dissent.

Andy Slaughter Portrait Andy Slaughter
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No, I thought not. However, I very much enjoyed our time together on the Justice Committee, and I also enjoy his taking every bad point during these debates—although he should have been kinder to the distinguished former Lord Chancellor David Gauke, who, in my view, produced a very good report. As for the Minister, he is a very good friend of mine, and I thank him for his contributions. We know what a difficult job he has, but that will not stop us being on his back all the time to ensure that the many problems that have been identified today are resolved.

Question deferred (Standing Order No. 54).

Andy Slaughter Portrait Andy Slaughter (Hammersmith and Chiswick) (Lab)
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I will speak briefly and cover just three points. I do not expect to persuade those committed to opposing the Bill to change their minds; I hope that I do not persuade those supporting it to change theirs. This is the time to put our concluded thoughts on the record before seeking their lordships’ opinions.

I start where I finished my speech on Second Reading: agency. Since that debate last November, I have continued to meet constituents on both sides of the argument, and answered hundreds of letters and emails—I am sure that other hon. Members have done the same. I have met mainly with groups that oppose the Bill, including faith groups, because they have sought to change my mind. I have not changed my mind. I am still driven by the plight of those suffering unnecessarily at the end of life.

I wholly respect the decision of those who would not want assisted dying for themselves, but I cannot accept their right to deny that choice to those who would, for the most profound reasons, use the provisions of the Bill to end their lives. The pain, suffering, indignity and degradation of a slow, painful, tortured death is something none of us would wish on a friend or relative—on anyone. If that suffering at the end of life, in the narrow circumstances prescribed by the Bill, can be avoided, who are we to deny that?

Anna Dixon Portrait Anna Dixon (Shipley) (Lab)
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Will my hon. Friend give way?

Andy Slaughter Portrait Andy Slaughter
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I am not going to give way.

The obvious qualification to what should be a clear and personal choice to leave life in a matter and at a time of one’s choosing is the risk of coercion, and that has rightly dominated much of the debate for the past eight months. There are two points to be made here.

First, great effort has been expended, and is reflected in amendments to the Bill, to make the safeguards as comprehensive and watertight as possible, learning from and going beyond practice in other jurisdictions. Compliance with the provisions of the Bill is a rigorous process, but it is also a practical one; it is designed to be transparent and to test the intent of the person seeking an assisted death.

Secondly, some say that that is still not enough, but with what are they comparing it? The answer at best, and in some cases, is the status quo, which may involve an investigation post mortem as to whether assistance has been given—putting a caring loved one at risk of prosecution, but doing nothing to prevent those of malign intent.

Finally, although I have tried to see both sides on every issue, there is one point on which the opponents of the Bill are, in my opinion, just wrong: whether the Bill has, thus far, seen due process. I have been in Parliament for a month over 20 years, and I can think of few Bills of this length and scope that have received so much scrutiny and so many hours in Committee, or on which so much evidence has been submitted and comment made.

Members will vote against the Bill for many reasons, even though by doing so they restrict the choice of others. They should compare the regime pre and post legislation and, I hope, decide that the Bill gives greater protection. But I ask them not to vote against it because we have lacked the time or information to make a decision—we have not—or because we do not as a country have the ability to resource the Bill—we do. A great trust and great opportunity have been given to the Members of this Parliament. This is the moment of decision, and we should discharge it to the best of our ability.

Oral Answers to Questions

Andy Slaughter Excerpts
Tuesday 3rd June 2025

(3 months, 2 weeks ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Speaker
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I call the Chair of the Justice Committee.

Andy Slaughter Portrait Andy Slaughter (Hammersmith and Chiswick) (Lab)
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The previous Government released prisoners in an indiscriminate way. This Government have developed a more organised approach, but the progression model of sentencing, recommended by the independent sentencing review and welcomed by the Government, could mean less clarity for victims about when perpetrators leave prison. Given the concern expressed by victims’ groups, what safeguards and resources will the Minister put in place to prepare victims and assure them of their safety?

Alex Davies-Jones Portrait Alex Davies-Jones
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I thank the Chair of the Justice Committee for that important question. It is vital that victims be notified. That is why we are boosting probation and ensuring that victim liaison officers have that vital information. He will be aware that in our Victims and Courts Bill, which has been presented to this House, we are introducing a new victim notification scheme, and a dedicated helpline to ensure that victims get the vital information that they so desperately need.

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Lindsay Hoyle Portrait Mr Speaker
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I call the Chair of the Justice Committee.

Andy Slaughter Portrait Andy Slaughter (Hammersmith and Chiswick) (Lab)
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Lord Ponsonby told the Justice Committee in February that the Government will set out a public position on reform of wedding laws, including humanist marriage, in the next few months. The Minister has said much the same today, but when will it happen, and will it include reform of current cohabitation laws, which disadvantage millions of couples?

Alex Davies-Jones Portrait Alex Davies-Jones
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I thank the Chair of the Justice Committee for that important question. He will know that our manifesto committed to reforming cohabitation law, and we will be bringing forward that reform shortly. The Law Commission’s report made 57 recommendations for reform of wedding law, including enabling non-religious groups such as humanists to conduct legally binding weddings, and we will be bringing forward information on our package of reforms shortly.

Independent Sentencing Review

Andy Slaughter Excerpts
Thursday 22nd May 2025

(3 months, 3 weeks ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Speaker
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I call the Chair of the Justice Committee.

Andy Slaughter Portrait Andy Slaughter (Hammersmith and Chiswick) (Lab)
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I welcome the report and the Government’s response. It is a comprehensive and measured response to the prisons crisis, as one would expect from David Gauke, in contrast with the hysterical nonsense that we have heard from the Opposition today. I particularly welcome the additional resources for probation and electronic monitoring to enable robust punishment and control in the community as an alternative to custody, but even the aggregate effect of the measures in the report will only stabilise the prison population over the longer term. Does my right hon. Friend agree that we also need effective rehabilitation to end the cycle of reoffending if we are to see a fall in historically high prison numbers?

Shabana Mahmood Portrait Shabana Mahmood
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Let me be clear: we will be adding prison places to the estate, and we will be filling them up. The prison population will rise year on year by the end of this Parliament, but my hon. Friend is right that the measures we have announced today stabilise the prison population. As a whole country, we will have to do better at ensuring that our prisons are churning out better citizens, rather than better criminals. When we know that 80% of offenders are reoffenders, there is clearly much work to be done in this area.