Sentencing Bill Debate

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Department: Ministry of Justice

Sentencing Bill

Grahame Morris Excerpts
2nd reading
Tuesday 16th September 2025

(1 month, 3 weeks ago)

Commons Chamber
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Grahame Morris Portrait Grahame Morris (Easington) (Lab)
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I welcome the Bill for many of the reasons already highlighted by the Justice Secretary and many Labour colleagues earlier. My hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter) made many of the points that I wished to make so, because of the shortage of time, I do not intend to repeat them, although I would like to reinforce them.

The Bill is a bold step towards easing the pressure on our overcrowded prisons and repairing a criminal justice system so badly broken by the Conservative party’s agenda of economically illiterate austerity. However, concerns have been expressed to me by the trade unions—including Napo, which represents probation staff—especially on the extra workload that the Bill will mean for their members. I say respectfully to the Minister and to the Justice Secretary that I hope they will engage fully with the justice unions as the Bill progresses in order to address these legitimate concerns in good faith.

Robust community sentences in the right circumstances —contrary to what many Opposition Members have been saying—can offer a better and more effective alternative to prison, provided that they are supported by new tagging technology, but only if that is done correctly. At Justice questions this morning, the Justice Secretary gave some excellent responses to concerns raised about the existing contract that the previous Government signed with Serco. Indeed, the Government’s own assessment suggests that change will be required, and the changes will require hundreds of additional probation officers in order to keep the public safe. Early release for good behaviour is supported by the unions, provided that prisoners show that they are turning their lives around and addressing the issues behind their offending. Again, early release comes at a cost, and at a cost to the Probation Service.

Other measures in the Bill have been welcomed by people working in the sector. Probation staff have long complained that rehabilitation activity requirements and post-sentence supervision, which are leftovers from the previous Government’s failed privatisation experiment, are ineffective and time-consuming. Napo is therefore relieved to see the Bill abolish them for good. Although it is true that this will free up more staff time, the Bill still puts additional pressure on the Probation Service. Yes, the extra resources already announced by Ministers will help to bring more staff into the service, but what will make them stay? Attrition rates—the rates of skilled probation officers leaving the service—are appalling. That is unsurprising, given the unbearable workloads for staff on top of 15 years of real-terms pay cuts and a degradation in the service presided over by the previous Administration. I am also told that the Government still have not made a formal pay offer to probation staff this year, so I respectfully encourage Ministers to reflect on how best to hold on to these key workers, who perform such a vital and demanding role.

The Bill would benefit from stronger safeguards around tagging and unpaid work, to ensure that the biggest beneficiaries are the public at large, not profit-hungry private corporations. We have heard many times in the House recently, including at Justice questions this morning, about Serco’s catalogue of contractual failures, especially with electronic monitoring. As we expand the use of tagging, we should try our hardest to reduce private sector involvement, partly because it has proved to be such a costly failure in the past and partly because this new form of punishment should be harnessed and used for the public good, not private profit. The Government have earmarked an extra £4 million a year at least for tagging expansion, but that money must not be used simply to line the pockets of rip-off failing privateers.

In conclusion, if we want to turn our criminal justice system around, we must work harder to prioritise public good, not private profit. I know that this Labour Government share that ambition and I hope that they will work closely with their own frontline workers in the Probation Service to fully realise the benefits that the Bill could bring.

Sentencing Bill Debate

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Department: Ministry of Justice

Sentencing Bill

Grahame Morris Excerpts
Kieran Mullan Portrait Dr Mullan
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The Minister shakes his head. If he wants to intervene and explain why that is not the case, he can. No, he is not going to do so.

Let us be clear: earlier releases will not be done on a retrospective basis. When the measure is enacted, every criminal in prison at that point in time will be able to benefit from these measures, including thousands of serious criminals. It is very clear to me that what is being said by Ministers—I anticipate that they will say the same later in defence of these plans—is in danger of misleading MPs. As it stands, Labour MPs will have to vote in support of the Government’s position that the most serious offenders are excluded. I invite MPs to reflect on how the Justice Secretary can possibly say that any rape—let alone hundreds of them—is not one of the most serious offences. Will Labour MPs who vote against amendment 24 tonight be able to say to survivors of child sex abuse that they supported a Government who wanted to classify thousands of child sex offences as not being the most serious offences?

The Government have said that earlier releases will have to be earned through good behaviour, but that is simply not true. I appreciate that it can be difficult to always believe what MPs from Opposition parties are saying, but MPs do not need to take my word for it. The House of Commons Library briefing note on this Bill is there in black and white for everyone to read. It says:

“As currently drafted, the provisions of the bill do not bring in any new criteria for people to adhere to prior to being released at the one third or halfway point, or any discretionary elements to release.”

I will repeat that: the Bill’s provisions do not bring in any new criteria.

Labour MPs need not look any further than emergency release measures and contrast them with this permanent, long-term change to find evidence that the Government’s approach is totally unprecedented. The SDS40 scheme and other schemes that have come before and sat alongside it have many more exclusions—for example, sex offenders—yet this permanent, non-emergency approach does not. What Ministers have been telling Labour MPs to secure their support is not accurate, which should always make Back-Bench MPs wary. If the Government are making inaccurate statements about a measure in a Bill that they want MPs to support because they cannot face the reality of what it does, then MPs should think very carefully about voting for it, because there is no going back. They will have to defend that decision.

This morning, I emailed every single Labour MP the Library briefing note so that they could see it for themselves, regardless of whether they listen to this debate. Ignorance will be no excuse, because today will not be the end of it. I guarantee Members that the harsh reality is that history tells us that some of the criminals whom Labour MPs are being asked to vote to release will almost certainly commit further serious offences, at a time when they would otherwise have been locked up. MPs will then have to explain why they voted for non-emergency changes that let such people out earlier. I would not be surprised if one of these cases is sufficiently serious that the Government amend the Bill’s measures in future, in response to a public backlash. There is every chance that they will make Labour MPs go through the Lobby tonight and vote for the indefensible, and then at some point pull the rug from under them. I appreciate that a lot of Labour Members are new to this place, and they can speak to longer-serving Members about how it will make them look when they are forced to follow a line that is later withdrawn.

I have made our position clear, and I have set out the consequences. MPs voting against our amendment 24 this evening will be voting to reduce jail time for extremely violent criminals, paedophiles, child groomers and rapists. I have done as much as I can to stop that happening. Ministers are resorting to saying things about the Bill’s measures that are inaccurate to secure support from their Back Benchers, and MPs should not let them get away with it. We have set out clearly how our amendment would ensure that appalling criminals do not see their punishment cut. I know it is difficult for Back Benchers to stand up to the Government and say no, but if we do not, thousands of the worst criminals will get out of prison earlier.

Labour MPs now have to decide whether to vote for what victims of child abuse, family members of people killed by dangerous drivers, victims of rape and others want—victims whom many of them care about—or for what the Prime Minister and his Whips want. Tell the Prime Minister no, tell the Whips no, and vote for our amendment tonight.

Grahame Morris Portrait Grahame Morris (Easington) (Lab)
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I will try to make my remarks fairly brief—not because I am against short sentences, but because I recognise that there are time pressures. I would like to record my support for three amendments to the Bill in the form of new clauses 2 to 4. I might say that I agreed with virtually everything that my good friend my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter) said.

--- Later in debate ---
John Hayes Portrait Sir John Hayes
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The hon. Gentleman is an old friend, and I appreciate his attempt to improve the Bill. The new clauses that he supports are interesting and have merit. Will he acknowledge, though, that it is not just probation services that will be put under extra pressure by this Bill, but that the police will be too? Will he invite the Minister, when he sums up, to talk about the extra resources he can make available to Lincolnshire police and other authorities, as well as to the Probation Service, to implement the provisions of the Bill that he has brought to the Committee?

Grahame Morris Portrait Grahame Morris
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I am grateful for that intervention, which I think is quite sensible, and I support the contention. I hope the Minister will respond appropriately when he has the opportunity.

Does the Minister agree that HM Inspectorate of Probation should have the powers outlined in new clause 4? They are just the sort of safeguards we need in the Bill before more pressure is placed on the Probation Service. We are all aware that it is really overstretched, principally as a result of funding cuts implemented by the previous Government and some of the decisions taken before the present Government came into office.

Finally, I am pleased to register my support for new clause 3, in the name of my right hon. Friend the Member for Hayes and Harlington (John McDonnell), who is my good friend. I echo the concerns that he expressed at length on Second Reading about the potential for exploitation by private companies, such as when unpaid work in London was privatised in 2013. Indeed, that was criticised by the International Labour Organisation as an abuse. Does the Minister agree with the probation union, Napo, that unpaid work orders should always be about payback to the community, that they should be run for public good, not for private profit, and that this safeguard should be placed in the Bill?