(2Â weeks, 3Â days ago)
Commons Chamber
Jess Brown-Fuller (Chichester) (LD)
The Lord Chancellor mentioned working with experts in his previous answer. Amnesty International has recently questioned the Government’s human rights assessment of the Courts and Tribunals Bill, describing the proposals as a
“dilution of the quality of justice”,
particularly in relation to
“efforts to combat racial discrimination”.
These issues were raised at earlier stages of the Bill, but the Government batted away our concerns. The time is right to change course, prior to the return of the Bill in October. Can the Secretary of State confirm that those concerns are being heard by the Prime Minister while he considers the future of the Bill, and can he guarantee that hon. Members from across the House and experts in the sector will have adequate time to scrutinise the Government’s amendments before we are asked to debate it on the second day back after recess?
Jess Brown-Fuller (Chichester) (LD)
The Liberal Democrats in the other place have secured an amendment to address the injustice of locked child trust funds for disabled children. The leader of the Liberal Democrats has experience of this issue with his own disabled son, and he has been a passionate campaigner for a change in the law for many years, working with other campaigners such as Andrew Turner. When the amendment comes back to this House, will the Labour Government support it?
(1Â month ago)
Commons Chamber
Jess Brown-Fuller (Chichester) (LD)
I congratulate the hon. Member for Leeds Central and Headingley (Alex Sobel) on leading today’s important debate and for setting out comprehensively, but also succinctly—I am very grateful for that—why we are here debating SLAPPs. I also congratulate the hon. Member for Bolton West (Phil Brickell) on originally securing today’s debate.
Our justice system was built on the principle of fair and equal treatment for all who go through it. It should not be a tool for the rich and powerful to systematically silence accusers and avoid accountability, but the growing use of SLAPPs makes it abundantly clear that the system is in fact tilted towards those who harness power or wealth. Victims, journalists, academics, whistleblowers and many more, all attempting to speak truth to power, are being silenced by mechanisms within the justice system that are being weaponised and abused. Those mechanisms are not intended to protect these rich and powerful individuals but are doing just that and preventing access to justice. Lawsuits and threats with immense financial implications and additional time constraints are being used to intimidate and coerce individuals into stepping out of the legal system and stopping their actions. They are keeping cases of immense importance and significance to the public out of the courts, undermining the fair and equitable justice system that we should all strive to achieve.
I know many today have been supported by the work of the Anti-SLAPP Coalition, which has done so much to expose these cases and push for the legislative changes that are necessary. The coalition has reported spikes in the number of cases sent to it in recent years, blaming an environment in the UK that is claimant friendly and in favour of those suing. That is not something that we should be proud of. Of course, there have been high-profile cases that have come to light, and some have been alluded to today. Mohamed al-Fayed, the Horizon scandal and Grenfell all provide serious regrets, and attempts to bring those scandals to light were continually blocked from the courts, elongating the pain of their victims and meaning that many never saw justice served at all.
One case provided by the Anti-SLAPP Coalition illustrates many of these issues. It is the case of Heidi who, having contracted a building firm to carry out an extension of her home, became concerned about the quality of the work carried out. She terminated the work, but having taken a six-figure loss, made a complaint to the trading standards authority. She was informed that she would need other cases to take the case forward, which she then requested on social media. Having done that, Heidi was challenged by the building company’s lawyers with a letter stating that her actions amounted to harassment, defamation and malicious falsehood and falsely questioning her legal qualifications.
It is very similar to a case brought to me by a gentleman connected to the UK Anti-SLAPP Coalition, who spoke to me about the intense level of legal correspondence he received from an estate management company that he had accused of poor service and mismanagement. He had created a Facebook group not just for that estate management company but to find other cases of estate management companies that had been failing their residents. He was relentlessly pursued by the estate management company’s legal team, with letters insisting that he remove the group or he would face legal action.
There is also the harrowing case study that was covered by the BBC’s “Woman’s Hour” of a clinic that performed plastic surgery. Having encouraged customers to leave reviews on its website and on Trustpilot, the clinic had its lawyers pursue legal action against at least five individuals who dared to write negative reviews of its service. Those reviews related to legitimate concerns about the quality of treatment provided by the clinic, yet the customers were pursued with vigour—threatening legal action of taking individuals to court and defamation claims of thousands of pounds. One woman said that she hid the whole case from her husband for fear of losing their family home. She felt totally silenced by this plastic surgery company that was threatening to take away her home. It resulted in a number of the individuals removing their completely legitimate concerns about their treatment from the online forums.
All of these cases highlight situations arising up and down the country in which the legal system is being used to intimidate and to scare individuals into not speaking out—and those are the ones we know about. As many Members have said today, this is just the tip of the iceberg, because a number of people will have folded under the immense pressure and immense amount of money being thrown at them. We do not know how many cases we do not know about.
What we need to combat such practices are universal statutory protections to counter SLAPPs in UK law—something eminently achievable, as has been shown in the US and Europe. Currently, well-meaning journalists, whistleblowers, campaigners and victims speaking out on matters of public interest unrelated to economic crime have no legal recourse, and these gaps must be addressed. New legislation should be introduced that ensures equal access to the justice system and does not allow those with vast amounts of money the opportunity to silence victims or those undertaking legitimate scrutiny. That legislation must include a filter mechanism that allows courts to swiftly dispose of SLAPPs; an extension of early dismissal procedures; cost protections for defendants in all SLAPP cases, not just those involving financial crime; and the empowerment of courts to impose financial penalties on those who bring forward abusive SLAPP claims or use SLAPPs relentlessly against multiple claimants.
We must also strengthen the regulatory powers of professional standards bodies and ensure that there is robust enforcement against lawyers and law firms that engage in abusive SLAPP litigation, while at the same time improving access to legal advice and support for those facing SLAPP threats. This is a position that the Liberal Democrats have consistently held—we were the only party to support such legislation in our manifesto in 2024—but the point is now clearly recognised across the House.
The previous Conservative Government’s amendment to the Economic Crime and Corporate Transparency Act provided protections in cases of economic crime, as has this Government’s public recognition of the issues in this area. We have seen two private Members’ Bills in this Session containing anti-SLAPP provisions, including one due to be presented by the right hon. Member for Maldon (Sir John Whittingdale) in November. Will the Minister confirm the Government’s position on those two private Members’ Bills and whether it is the Government’s intention to support them in their passage through the House? Could she outline what conversations she is having or planning to have with the legal profession to stamp out these sorts of practices?
The current context, the attention and the support across the House demonstrate that the time is right to take steps to protect victims and protect the chance of equitable justice. That will only happen with legislation that stamps out malpractice as early as possible, avoiding extortionate costs for victims and allowing the truth to finally be heard.
(1Â month ago)
Commons Chamber
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 ÂŁ700 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.
(2Â months, 2Â weeks ago)
Commons Chamber
Nick Timothy
The point is that this is a new duty, which is backed by criminal sanction, and that is why it is different from the status quo.
As I was saying, the Justice Secretary is a Privy Counsellor. He is the Deputy Prime Minister. He was once the Foreign Secretary—the man to whom MI6 and GCHQ were accountable. He knows that these sources of intelligence from allies are essential. They support our national interest, protect our way of life and save the lives of innocent people. Neither he nor the Minister can, hand on heart, stand here today and say that they know for sure that this Bill does not endanger that intelligence. Nobody can say that, because this Bill will change the behaviour, decisions and actions of those we ask to keep us safe, because it might change the terms of the relationships with our allies, and because we cannot anticipate the decisions made by individual heads of future investigations and inquiries.
Jess Brown-Fuller (Chichester) (LD)
Does the hon. Gentleman recognise that chairs of inquiries and inquests already have the power to hold closed sessions in private if they are looking at information that is sensitive or potentially poses a risk to our national security? That already exists, and the measures in the Bill do not impact that at all—it is already done on a daily basis in inquiries.
Nick Timothy
What the hon. Lady says is not entirely relevant to this proposition. This is about the provision of information to particular investigations and inquiries, and we do not know—indeed, we cannot know—the identities of the people who lead those investigations and inquiries. That is one of the reasons why this is such a step into the dark.
I call the Liberal Democrat spokesperson.
Jess Brown-Fuller
I wish to speak to the amendments and new clauses tabled in my name on behalf of my party. Up and down the country, those who have been failed by state institutions, unheard and ignored for years, will today be relieved that this hurdle has been cleared and the Hillsborough law can finally progress. I pay tribute to those campaigners, many of whom are with us in the Gallery, for their courage and perseverance through years of campaigning, and for never saying, “That’ll do”, and instead making sure that the Hillsborough law was delivered in full.
This is known affectionately as the Hillsborough law, but it represents many victims and their loved ones. Be it the Post Office scandal, the Manchester Arena attack, the contaminated blood scandal, Grenfell Tower, nuclear weapons testing veterans, the pelvic mesh scandal, LGBT veterans, or any of the many others, those individuals have stood up for the voiceless and demanded change. These are scandals in which countless individuals have lost their lives or livelihoods, or suffered life-changing injuries.
Liz Jarvis (Eastleigh) (LD)
My constituent Gary is one of the victims of the infected blood scandal. He was a pupil at Treloar’s College, and 120 boys from Treloar’s were given contaminated blood. Will my hon. Friend join me in paying tribute to those boys who have fought so hard for justice, and does she agree that it has taken far too long?
Jess Brown-Fuller
My hon. Friend has been a tireless campaigner on behalf of her constituents and the victims of the contaminated blood scandal, and she is right to highlight how long it has taken to get here. I commend the Government for ensuring that we eventually got to this point.
These scandals have been uncovered despite the best efforts of public institutions to keep them buried. Institutions that should have been transparent and accountable instead used public money to protect their reputations and deflect blame. Every single victim deserved better. The efforts of campaigners are what have brought us to the point at which we can begin to level the playing field and address the imbalance between the power of the state and that of the ordinary individual. That is why we Liberal Democrats have, at every stage, welcomed the provisions in the Bill, but it was clear at the beginning of this year that there were major gaps in relation to the carve-out for the security services that needed to be addressed.
Campaigners rightly pointed to the role that the intelligence services have played in the past in covering up mistakes and failing to take accountability. Last week there were reports that MI5 had lied in court about Agent X, who had violently abused his partner. Likewise, last year we had the Stakeknife inquiry—Operation Kenova—which raised serious questions about the running of, and collusion with, British informants, while once again highlighting the immense difficulties of obtaining information from the security services. It is clear that these organisations have at times suffered from the same protectionist, inward-looking faults that other public organisations have suffered from. It would have been completely unacceptable for there to have been a carve-out, especially considering that mechanisms already exist to allow for information with national security implications to be heard behind closed doors.
The breakthrough announced over the weekend is welcomed by the Liberal Democrats and will come as a relief to all those wanting to see this Bill progress. I commend Members on the Government Front Bench who secured it, and those no longer there, particularly the hon. Member for Pontypridd (Alex Davies-Jones), who worked so hard to get the legislation to the place it is today. I know from her contributions in debates, her willingness and openness to meet me and Liberal Democrat colleagues to hear our concerns, and her engagement with campaign organisations and families, that she has fought to deliver the Hillsborough law as it was intended by those involved in the campaign.
The Bill Committee took place eight months ago, so it was fun going through all the notes to remind myself exactly what was said. I pay tribute to hon. Members from across the House who scrutinised the legislation, including my hon. Friends the Members for Cheadle (Mr Morrison) and for Wells and Mendip Hills (Tessa Munt). I know they sought to ensure that victims and their loved ones remained at the centre of the Bill and that their concerns regarding the drafting were heard. We have worked alongside them to ensure that no stone has been left unturned in seeking to secure the best possible outcomes in this legislation. Our amendments are all aimed at tightening the gaps that we can see in the legislation.
First, there is the importance of whistleblowers, who, in many of the tragedies mentioned today, have provided vital information at great personal risk for the public good. The Liberal Democrats have long called for stronger whistleblowing protections to ensure that wrongdoing within organisations and public bodies is swiftly exposed and brought to justice. Amendment 3 ensures that public authorities involved in an inquiry or investigation demonstrate that they have taken steps to ensure that individuals can safely disclose information relevant to that investigation.
Amendment 6 would require that a public authority’s code of ethical conduct includes information about to whom a person can make a protected disclosure and how that person will be protected. The Minister talked about additional guidance being provided with the legislation, so will she, when she sums up, set out whether there will be an expectation that that will include how to make a protected disclosure? We would have liked this Bill to go further on whistleblower protection, but much of what we proposed was considered out of scope for the Bill. I urge the Government and the new Administration to look more widely at what can be done to protect those who attempt to expose wrongdoing in the future.
A statutory duty of candour in the NHS has existed since 2014, yet we know that there remains a culture of retiring or firing staff who dare to speak up. Our new clause 2 would create an offence for anyone who wilfully destroys relevant records after a major incident that could lead to an inquest or inquiry. New clause 3 is aimed at providing a national oversight mechanism through the publication of an annual independent report on compliance with the Act, as has been mentioned multiple times already in the debate. Many hon. Members spoke of the need to have an overnight mechanism, and similar amendments have been tabled by the right hon. Member for Liverpool Garston (Maria Eagle) and the Chair of the Justice Committee, the hon. Member for Hammersmith and Chiswick (Andy Slaughter).
Amendments 1 and 2 would ensure that the legislation is fully up to date with modern investigations by making it clear that digital messages must be provided as evidence to investigations. The Bill includes provisions for the inclusion of subcontractors under the duty of candour, but we do not believe that they go far enough. Amendment 4 would therefore extend those provisions to all subcontractors throughout the chain of provision. We need only look at the way local authorities subcontract to understand that most working within the public sector are subcontractors of subcontractors of subcontractors. We believe that the scope needs to be extended to include those.
The extension of non-means-tested legal aid to bereaved families at inquests is also long overdue and greatly needed. For too long the system has been weighted against ordinary people seeking justice. Those attempting to bring these scandals to light have faced well-resourced and highly motivated public bodies intent on protecting their reputations, but we do not believe that the provisions go far enough and we will be seeking to amend them in the other place. Amendments 11 and 12 would ensure that public officials do not escape their responsibilities when they cease to hold public office, and that they remain accountable for their actions even if they have since resigned, retired or been shuffled out.
(2Â months, 3Â weeks ago)
Commons Chamber
Jake Richards
I am not sure which letters the right hon. Member is referring to, because none of the letters sent out by the Ministry of Justice has referred to people already being released. I understand the concerns that she raises. We take our engagement with victims incredibly seriously. The purpose of the letter is not merely for communication; it is also so that victims can have a say in licence conditions when offenders are released. Offenders are released as things stand. The Sentencing Act 2026 changes that for certain offenders, and there is a process in place by which probation ensures that the community is kept safe with robust licence measures. That will continue.
We have improved the Probation Service’s powers. We are putting £700 million into the Probation Service, which is the biggest investment for a generation. I understand the right hon. Member’s concerns—I really do—but I gently suggest to her that criminals have been released from prison for a long time. There are measures in place, and we need to ensure that they are as robust as they can be.
Jess Brown-Fuller (Chichester) (LD)
Everybody would appreciate some clarity that when we are talking about the letters, those are specifically the letters informing victims that the Sentencing Act 2026 will affect when their perpetrators will be released. The issue that has been raised by many victims is that these are blanket letters; they are not personalised. They do not say which perpetrator. In the letter, it says that “some” will be managed in the community. These victims have been so failed by our justice system at every step that when they receive such a letter, they assume that it means their perpetrator will not be managed in the community. Can the Minister please reflect on the impersonal letter that is sent, sometimes by email, to inform victims that what they thought was true is no longer true, and that their perpetrator may be out sooner than they had expected?
Jake Richards
Absolutely. The hon. Lady’s call for us all to reflect on that will be taken up. I know that the Justice Secretary and the Victims Minister, my hon. Friend the Member for Derby North (Catherine Atkinson), who is sitting next to me, will have heard that. There will be further correspondence; it was not a blanket correspondence by any means. The Government and the Probation Service want to engage with victims as much as possible to ensure that their voices are heard every step of the way. I am grateful for the intervention.
Jess Brown-Fuller (Chichester) (LD)
May I first pay tribute to every victim and survivor of some of the most horrific and vile crimes imaginable, including those who join us in the Gallery today? They have waived their right to anonymity and raised their voices so that others do not have to. They are calling for greater protections for victims, who feel consistently failed by the justice system as it stands, and they represent a much larger and often voiceless part of our society, including those who never came forward, and those who did come forward but did not receive justice at the end of it. These are the people who spend their lives scanning crowds and looking around street corners, fearful that they will bump into their perpetrator, or perpetrators, again, and I commend them for their bravery and determination to ensure that nobody else suffers in the way that they have done. The abuse that they have experienced at the hands of cruel, calculating monsters never leaves them, and I share their anger and frustration that after countless reviews, reports and inquiries, spanning many years and many Governments, the system continues to fail them and recommendations remain unimplemented.
I think we all agree that, in a properly functioning justice system, as a matter of principle, no victim should have to endure being told that their perpetrator is being released earlier than expected for any offence. When a sentence is handed down, victims deserve the certainty of knowing where they stand and how long their perpetrator will remain behind bars. We have heard just today from victims who were reassured by the judges in their cases that their perpetrators would serve a certain length of time—only to then receive this vague letter, which we have been talking about, telling them that that may no longer be the case.
That does not happen in any other element of our justice system. When a Government introduce a new sentence—a new crime—it is not retrospective. The Government have come forward with a positive change by upping the sentence in relation to women who are killed in the home, which currently carries a lower sentence than offences relating to those who are killed outside of the home. That is not retrospective, but the campaigners for the change said that they understand that the justice system is not retrospective. The same should apply to sentencing after the fact.
Victims are understandably angry about the format of the letters they received, which were not personalised and provided no specific information about their cases. The letters did not provide information about when their perpetrators would be released, and also said, as I mentioned to the Minister, that some of those released would be managed in the community. That will naturally lead many to fear the worst—that their perpetrators will be free to roam without restriction. Why would they not think that, when they have been failed so many times by the system? The vagueness and ambiguity need looking at. I hope that the Minister will take that away, so that the MOJ’s mass communications are worded in a way that does not feel so impersonal.
It is worth saying, and has been said many times before, that the justice system inherited by this Government left victims and society more broadly in grave peril. It risked the state convicting criminals of serious offences but having no space in which to imprison them. A capacity crisis in our prisons would also have left victims and survivors fearful, and it clearly needed to be addressed.
Throughout the passage of the Sentencing Act, we were concerned about the implications for other parts of the justice system, which were already at breaking point, and their ability to absorb the additional strain. The probation system, where staff are already facing ever-increasing caseloads without being appropriately resourced, has now been tasked with managing those released earlier than before, as well as those serving community sentences. Meanwhile, the prison system itself was failing to keep hold of dangerous offenders—in some cases accidentally releasing them and losing track of them altogether.
We were also concerned about the implications of the Government’s proposals for the early release of offenders convicted of extremely serious crimes, including those discussed today. Ministers in both Houses reassured us that the most serious offenders would be exempt from these measures, which is clearly not the case. That is why the Liberal Democrats have written to the Justice Secretary calling for child sexual offenders, including those convicted of offences connected to grooming gangs, to be exempt from the new early release provisions in the Sentencing Act.
The Government have promised the biggest expansion in prison places since the Victorian era, and have delivered on part of that promise by increasing capacity. That new provision should now be used to ensure that child sex offenders serve the same proportion of their sentence as they did previously, giving victims the reassurance that their perpetrators will remain in prison for the period that they were led to expect at sentencing.
We spend the equivalent of just two weeks’ welfare spending on the entire justice budget. That covers our courts, our prisons and the Probation Service. That lack of seriousness is why the justice system often lurches from crisis to crisis—that is a plague on all our houses—but for the victims and those in the Gallery today, a functioning justice system is everything. It is the difference between being able to move on with their lives and being forever traumatised by a system that fails them.
Will the Minister therefore set out how many prisoners currently in the prison estate have been convicted of child sexual offences, including offences connected to child sexual exploitation and grooming gangs? If there is sufficient capacity in the prison estate to exempt those offenders from the early release scheme, will he do so? Finally, what measures will this Government bring forward to restore confidence among all victims, including those who never came forward to report abuse or who were afraid to do so because they feared that they would not be believed? As a whole House, we have to do better.
Catherine Atkinson
I have listened very carefully to this debate. I will always listen to victims, but I want to ensure that I can look them in the eyes and know that when offenders are convicted and sentenced to custody, there are prison cells for them. That is where we were left by the last Government in real difficulty.
Jess Brown-Fuller
I seek clarification. The Minister said that the Government have added grooming as an aggravating factor. Will every person sentenced to an offence related to grooming gang scandals now get an extended determinate sentence because the aggravating factor will be added, or will they still be eligible for standard determinate sentences?
Catherine Atkinson
It adds to the seriousness of the offence—it is considered an aggravating feature when it comes to sentencing. Obviously, sentences are determined by judges, as is absolutely right, to ensure that we maintain the rule of law. However, grooming is an aggravating aspect, as opposed to binding the final sentence that a judge gives. There will always be mitigating and aggravating considerations for the judge, and grooming has been made a clear aggravating feature. However, I would be happy to meet the hon. Lady to discuss this point if she would find that useful.
The Conservatives added just 482 prison places during their time in office, or 34 per year. If they had not closed 23 prisons, such as HMP Holloway, we would not be where we are now—if that prison had not been sold off to build flats, we would have more capacity. In comparison, the previous Labour Government added 27,830 places to prison capacity, and this Labour Government are embarking on the largest prison-building programme since the Victorian era. We have already delivered over 3,000 places.
Jess Brown-Fuller
I do not expect the Minister to know the answer to this question, but I would appreciate it if after the debate she could update the House on what progress has been made on HMP Dartmoor. It was closed in 2024, and it has been suggested that it will be closed for three years. That could open up capacity of an additional 400 spaces without needing to build a new prison.
Catherine Atkinson
I will ensure that the Under-Secretary of State for Justice, my hon. Friend the Member for Rother Valley (Jake Richards), writes to the hon. Lady.
(3Â months ago)
Commons Chamber
Jess Brown-Fuller (Chichester) (LD)
Charlotte Meijer will never have access to her transcript, because her case was heard in a magistrates court where no recording was made. The Government are seeking to address that, but Charlotte has continued to campaign for all victims of crime so that they can gain access to free transcripts, given that some are still being quoted costs of thousands of pounds. Her campaign, Open Justice for All, is calling on the Government to go further and faster to make the justice system fair, transparent and open.
This is a cross-party issue, and I know that many Back Benchers in the Minister’s party feel passionate about it. Will she assure the House that the job is not done, and recognise the desire for all court transcripts eventually to be made free and accessible for all victims?
Sarah Sackman
I know that the hon. Lady is a great advocate in this regard. I have had the pleasure of meeting Charlotte on a number of occasions, and I know how important her campaign is. The hon. Lady is right: owing to the Government’s commitment to audio recording and the capital investments that we are making to enable it to happen, change is coming soon and fast. We will seek to go as far as we are able while preserving the accuracy of those transcripts.
Jess Brown-Fuller (Chichester) (LD)
The Guardian reported last week on the case of a US air force officer accused of drugging, strangling and raping a British woman in his apartment. Although the incident took place off duty, off base and on English soil, the case was removed from the jurisdiction of the English courts and was instead tried by US court martial at RAF Lakenheath, with an all-male panel who were all from his base. Does the Secretary of State agree that victims of crimes on English soil should see justice served in our justice system?
Halving violence against women and girls is a decade-long mission for this Government. That case is extremely concerning, and our thoughts are with the victim, Sarah. Given the cross-agency nature of this case, my officials are working across Government, and we are raising it with the US Government to establish the full facts.
(3Â months ago)
Commons Chamber
Sir Ashley Fox
I do not believe that information was provided, certainly not when it was presented to me, but if the hon. Lady has it, no doubt she will send it to me.
Jury trials and staff absence are not the only areas where the Government are focusing on the wrong issue; a similar problem emerges in the management of our prisons. The Government seem to believe that recklessly releasing many thousands of criminals early will address the crisis of overcrowding, instead of investing in measures to ensure that they do not reoffend. I fear that releasing so many criminals so early in their sentences risks a wave of reoffending in the future.
It is well established that when prisoners engage in meaningful educational or vocational courses, there are sizeable reductions in reoffending. More than 50% of adult prisoners have the literacy skills of an 11-year-old or lower; knowing this, one might think that the Government would seek to address the problem. The earned progression model should surely ensure that participation in education and training is compulsory to secure the very early releases that the Government are proposing. Instead, this Government are choosing to reduce the provision of prison education, astonishing though that might seem.
That is of huge concern, because investment in prison education is cost-effective. Research in 2018 showed that the economic benefits of lower reoffending and higher levels of employment after release outweighed the costs of prisoner education by a ratio of 5:1. In this instance, the problem is not that the budget has been cut, but that the cost of supplying that education has risen so significantly that the volume of core education delivered this year will be cut by 20% to 25%. Instead of addressing why those costs have increased or exploring more competitive and flexible commissioning models to incorporate smaller providers, the Government’s response has been to cut provision. That is short-sighted. If the MOJ is so poor at entering into contracts, may I recommend to the Minister that that budget is entirely devolved to prison governors? I believe they would be better at bringing together local businesses to provide the education they need for the prisoners in their care. It would certainly be better than paying Serco, Capita or whoever £100 million a year to deliver less education each year.
Jess Brown-Fuller (Chichester) (LD)
The hon. Gentleman is making an excellent point about the ability of prison governors to spend money. I was speaking to a prison governor recently, who said that because of the amount he is allowed to spend, when the washing machine breaks, he cannot purchase a commercial one. He keeps buying ones from the high street, which naturally break after a week or so because of the level of washing his prison has to do. Does the hon. Gentleman agree that giving prison governors some more flexibility so that they can make decisions for the prisons they know best would actually save the MOJ money in the long run?
Sir Ashley Fox
I thank the hon. Lady for her intervention, and I agree with her. Members of the Justice Committee hear that all the time when we visit prisons. For example, broken security netting cannot be repaired or replaced until some very long and convoluted process goes through Whitehall and comes back six months later, no doubt after many drones have flown in with however many packages of contraband goods. It is absolutely hopeless. We have to devolve proper responsibility and financial management to prison governors. Sitting on the Justice Committee, I have seen and heard at first hand the reality of how reduced educational opportunities are putting rehabilitation at risk, yet despite awareness of these dangers, the Government only partially accepted our formal recommendation to prioritise the delivery of core education provision.
Estimates day debates allow the House to hold the Government to account, not just for how much they spend, but for how well they spend it. Curtailing jury trials for marginal gain and cutting back on prison education are not the reforms of a system focused on long-term effectiveness. If we are serious about delivering timely, fair and sustainable justice, we must prioritise the right kinds of investment that will deliver the reforms the justice system needs to protect victims as its No. 1 priority, to deliver justice and to get good value for money for the taxpayer.
Jess Brown-Fuller (Chichester) (LD)
It is a pleasure to speak in today’s estimates day debate on criminal justice, and I put on the record my thanks to the three Chairs of the Select Committees that suggested this debate to the Backbench Business Committee: the Chair of the Public Accounts Committee, the hon. Member for North Cotswolds (Sir Geoffrey Clifton-Brown); the Chair of the Home Affairs Committee, the right hon. Member for Staffordshire Moorlands (Dame Karen Bradley); and the Chair of the Justice Committee, the hon. Member for Hammersmith and Chiswick (Andy Slaughter). I also thank all hon. Members who have stuck it out in the Chamber on a Monday evening, who clearly care about criminal justice.
Politics is all about priorities, and so often the justice system falls a little short. Unless members of the public have had experience of the criminal justice system, have been victims of crime or have a loved one who has had the experience of going through the system, it does not necessarily appear in their top five priorities for the Government, but I thank all those who work to keep the criminal justice system functioning despite the lack of investment, the often crumbling infrastructure and the huge amount of pressure on them to ensure that justice is served.
The system as it stands lets down victims and defendants alike. It fails to rehabilitate offenders, and so many never see the justice that they deserve. The Crown court backlog is clearly unacceptably high, and that opinion is shared across the House. It is the biggest challenge that the justice system faces, as the hon. Member for Bridgwater (Sir Ashley Fox) said in his contribution. Its exponential growth requires urgent action, but the fix does not lie in taking a sledgehammer to jury trials. Jury trials provide a fundamental safeguard of fairness and liberty, and they are not the cause of the backlog.
We on the Liberal Democrat Benches do not fundamentally believe that the Government have successfully made the case that their reforms will reduce the backlog or make any cost saving to the Department. The modelling has still not been made available, and the estimates behind the claimed time savings have been widely questioned. Even accepting the Government’s own estimates, it will take a decade for the backlog to fall below current levels. Indeed, the backlog is currently predicted to continue increasing and to surpass 100,000 cases by the end of next year.
What has been proven to reduce the backlog across the country is the very welcome uncapping of sitting days, and we are pleased that His Majesty’s Courts and Tribunals Service has been allocated a £143.1 million uplift, including the funding for uncapped sitting days. With the previous increases in sitting days that the Government announced in the last round, Crown court backlogs are beginning to fall. The Old Bailey reduced its backlog in 2025. In Chelmsford, it fell by 10%, and Maidstone saw a 5% reduction in its backlog. Across the country, the overall Crown court backlog in the last quarter fell for the first time in three years. So the truth is that proper funding for our courts and open sitting days are bringing down the backlog, and we are yet to see the result of the full uncapping of sitting days, which came into place only in April.
Given the scepticism that the right hon. Member for Makerfield (Andy Burnham) has expressed about jury trial reform, I hope the Government will give serious consideration to changing course. He told BBC Radio Manchester that the Government should
“pause…this and take a step back and have proper consideration”,
as the hon. Member for Congleton (Sarah Russell) mentioned.
On another area of the criminal justice system, we Liberal Democrats have put forward several amendments, such as training for court staff, so that the victim experience is better, because victims often report feeling unsupported or unheard. The Government must do more to continue their journey to ensure that the court system centres victims’ experience. Part of that experience is the processing after a criminal case, and access to court transcripts for victims. I acknowledge that the Government have made steps to improve access, after robust negotiations in both Houses on various Bills since July 2024, most recently the Sentencing Act 2026 and the Victims and Courts Act 2026.
I put on record the exemplary effort made by my hon. Friend the Member for Richmond Park (Sarah Olney), who has been campaigning to ensure that court transcripts are made available for free to victims of crime, after a constituent of hers was quoted thousands of pounds to access the transcript of her own court case. Nobody should be priced out of seeing their own story in black and white after they have gone through a Crown court experience. Charlotte Meijer and the campaign Open Justice for All have been campaigning incredibly on this issue. They have published a letter calling on the Deputy Prime Minister to go further and faster, and that includes ensuring that magistrates courts are recorded and sentencing remarks are made available for free in all courts.
We are not here to discuss the Courts and Tribunals Bill, but it does not seem to be progressing currently or coming back to the House in any rush. I would be quite happy for clauses 1 to 8 to never appear again, but other clauses that do really important things—introducing recording in magistrates courts, repealing the presumption against parental responsibility—are key to strengthening our justice system and our family courts.
We repeatedly hear stories of failings in infrastructure such as roofs collapsing, IT systems not working, and evidence being shared on a memory stick and being lost during a hearing. The Ministry of Justice must get a grip of this chance to change that and to improve the environment for those working in the courts and those attending them.
I will briefly move on to prisons, which continue to run very hot. They are overcrowded, understaffed and increasingly unable to rehabilitate offenders. Violence is rife, with an average of 28 assaults on staff every day across the prison estate. On the point made by the hon. Member for Bridgwater about higher sickness levels, I think that is in large part due to the stress experienced by prison staff. We see the same in the Probation Service, which has a much higher sickness rate than other civil service departments, and I think it is also largely due to stress.
The Liberal Democrats believe that rehabilitation must be at the heart of any approach within our prison system. That means investing in better education, alongside introducing a through-the-gates mentoring programme to support prisoners as they transition back into society. Education is a key area. I recently raised it with the MOJ, because Government analysis shows a significant decrease in core education hours in public sector prisons. That has been felt most acutely in women’s prisons, where there has been a 30% fall in the number of hours for which women can access prison education. The Government urgently need to set out a plan to reverse that trend, otherwise the cycle of reoffending will simply continue for far too many people. Reoffending, as mentioned by the Chair of the Public Accounts Committee, is estimated to cost taxpayers £20.9 billion every year.
I sat down with a group of ex-offenders earlier this year, working with the organisation Revolving Doors. One of the ex-offenders I was chatting to had been in prison 17 times on short sentences. He explained that drug addiction was ruling his life; when he was released from prison, in order to fund a drug addiction that was costing him £250 a day, he would commit theft to the value of £750 a day. He would re-sell the stolen items so that he could afford his drug habit. This shows that there is a cost to our businesses as well. If we do not get the criminal justice system working, and if we do not invest in people and stop the cycle of reoffending to fund addiction, those people get trapped in the criminal justice system. Nowhere in our system is the “investor save” principle stronger than in our criminal justice system.
A well-functioning Probation Service is indispensable to rehabilitating ex-offenders. A dysfunctional Probation Service fails victims. Probation officers are expected to manage ever larger caseloads while receiving less training. Combined with poor pay, it is little wonder that many leave, despite wanting to help. A probation officer said to me, in one of my surgeries, that when she first started in probation 30 years ago, she spent 30 minutes with an offender she was managing. When she came out of the meeting, her boss said, “Why on earth did you only spend 30 minutes with that person? How on earth could you get to know them in just 30 minutes?” She said that if she spends 30 minutes with somebody now, she is told she needs to speed up because she has spent far too long with them and has far too many people to get through. She has stuck it out—she is still in the Probation Service—but so many people leave. We have a real retention crisis, because nobody goes into probation to tick boxes; they go in because they truly believe that they can change people’s lives.
In February this year, the Public Accounts Committee published a report on the efficiency and reliability of the Probation Service. It concluded that
“the Probation Service in England and Wales is failing”,
that it is
“teetering on the edge of collapse”,
and that its performance has significantly worsened since the MOJ and His Majesty’s Prison and Probation Service brought probation under full public control in 2018-19. The failure of the system is epitomised by record numbers of prisoners being recalled to custody. At the end of March 2025, recalled prisoners accounted for 15% of the entire prison population—a 49% increase since 2021. I recognise that the Government will have invested £700 million in probation by 2028-29, but we are yet to see a significant step change to show that that investment has stabilised the service. It is not just about the investment, though; it is about the culture shift that is desperately needed in probation. I have had many conversations with the Prisons Minister in the other place on this topic and I know it is something he feels passionately about.
Keeping the public safe also requires improvements to policing, a return to visible neighbourhood policing and an end to the scourge of officers stuck behind desks completing administrative work. Even though policing has received an uplift, cases are, as the hon. Member for North Cotswolds said, far more complex and require far more police time. This situation—alongside the alarming reduction in police front counters and stations—has left communities, especially those in my constituency, feeling abandoned. I should not see constituents turning around with shock when they see a police officer walking down the street with me in areas like Selsey; they are so not used to community policing people acted like they had never seen a police officer before when they saw us. The Government should commit, as part of their upcoming police force reorganisation, to embedding a dedicated rural and coastal crime team in every police force, ensuring that rural crime does not go unpunished.
(3Â months ago)
Commons Chamber
Jess Brown-Fuller (Chichester) (LD)
I pay tribute to the victims and survivors of some of the most appalling, heinous crimes for their bravery in speaking out about the fear they have felt after receiving letters from the Ministry of Justice informing them that their perpetrators might be let out early. I understand that the purpose of the letters is to ensure that victims have the opportunity to engage with licence conditions, but what other support will be available to those victims who understandably feel retraumatised and let down by the justice system?
In the other place, the Prisons Minister made a commitment that those released early would be subject to intensive supervision, supported by a significant programme of electronic tagging. The Liberal Democrats were clear that the Government could bring forward those measures only if the Probation Service was adequately resourced to achieve this in the community. The Prisons Minister agreed to an annual review of the state of probation and its ability to cope with the changes. When can we expect the first review?
Finally, the Government inherited a prison system that was running so hot that they were at risk of losing the ability to lock up any offender. Can the Minister guarantee from the Dispatch Box that no victim will ever again be given just two days’ notice, or in some cases no notice, of their perpetrator being released, as they have suffered in recent years?
Jake Richards
I thank the hon. Lady for her question. I will deal with her three points. As I said in my earlier response, we are determined to ensure that victims’ voices are heard. We have invested £15 million in victim support services, and victim liaison officers will clearly be involved in many of those cases. The Victims Minister, my hon. Friend the Member for Derby North (Catherine Atkinson), is beside me on the Front Bench and will have heard her very important point.
The hon. Lady is right that public safety can be ensured only by investing in probation. That is why we have made the biggest investment in a generation—£700 million—and that investment is now beginning to bear results, with caseloads coming down significantly for the first time in a long time.
The hon. Lady is absolutely right that we need to give due notice to victims of what is happening with their perpetrators so that they are informed and are involved in the process. Under the last Government that did not happen, but it will happen now. I gently remind Members that some victims have opted out of the contact service. We cannot say today that all victims will be contacted, but all those who are involved with the contact service will receive that notice.
(3Â months, 1Â week ago)
Commons Chamber
Jess Brown-Fuller (Chichester) (LD)
Thank you, Madam Deputy Speaker.
“For every tear of an Israeli mother, a thousand Lebanese mothers must weep. All of Lebanon must burn!”
Those are the appalling words of Israeli Minister of National Security Ben-Gvir, posted three days ago. I know that the Deputy Prime Minister will stand up and condemn this genocidal and, frankly, psychopathic language. Considering the very fragile ceasefire with Lebanon, does the Deputy Prime Minister see any version of lasting peace in the middle east with Ben-Gvir continuing to serve in Netanyahu’s Cabinet, and are further sanctions on him possible?
(4Â months, 1Â week ago)
Commons Chamber
Jess Brown-Fuller (Chichester) (LD)
The Government are talking a good game on reducing the cycle of reoffending, but meaningful prison education plays a key role in that objective. Recent analysis has found a significant decrease in the core education hours in public sector prisons. That has been seen most acutely in female prisons, where there has been a fall of 30%. What is the Minister doing to reverse that decline in education hours across all prisons, end the postcode lottery that we see currently, and ensure that obligations to equality are met?
Jake Richards
The hon. Member is right to raise the importance of education in our prisons. The scandal with education in our prisons is that there are classrooms and workshops that are left empty day in, day out, because the prison system remains unstable and capacity is going through the roof. This Government have been rightly focused on getting stability into the prison system. We will make announcements about investment into education, but we will also be using the private sector and the third sector, not just Government contracts. Again, Lord Timpson will be making announcements on that in due course.
Jess Brown-Fuller (Chichester) (LD)
I come with good news: with increased funding from the Government, uncapped sitting days and improved disposal rates, backlogs in the Crown courts are falling. At the Old Bailey in 2025, the backlog fell by a quarter, in Chelmsford it fell by 10%, and Maidstone saw a 5% reduction. The truth is that proper funding for our courts and uncapped sitting days are bringing down the backlogs, but the Government are choosing to ignore that data and are persisting in taking a sledgehammer to jury trials, although that will not deliver shorter wait times for victims. Why will the Minister not trust those in the justice system who want to deliver for victims using the increased funding and resource that he has delivered for them?
I am grateful to the hon. Lady for recognising that we have seen a small reduction because of the increased investment I have put in, and because of the extra sitting days; the modernisation that we have talked about, and enlisting artificial intelligence in particular, will also make a difference. However, given the size of the backlog, if we are serious about bringing it down over the next few years, we will need reform as well.