Oral Answers to Questions

Kevin Brennan Excerpts

Tuesday 26th March 2024 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Kevin Brennan (Cardiff West) (Lab)]

It is telling that the Minister is refusing to come clean with the public on how many prisoners are being released early under the scheme. As we know, the public are overwhelmingly in favour of an early release scheme if it were applied to his colleagues in a general election. [Laughter.] Does he have any intention, before that happy day, of releasing the truth about how many prisoners are being let out early?

[Edward Argar]

It is always a pleasure to face the gentle barbs of the hon. Gentleman, whom I have known for a long time. As I have made very clear on a previous occasion in the House, and indeed just a few moments ago, we consider that an annualised publication of these statistics is the most appropriate approach, in line with the publication of similar statistics such as those relating to deaths of offenders in the community.

Community and Suspended Sentences (Notification of Details) Bill

Kevin Brennan Excerpts

2nd reading
Friday 23rd February 2024 Commons Chamber

[Kevin Brennan (Cardiff West) (Lab)]

I am back again—this time on the Front Bench—for a third outing today. I apologise for my ubiquity. It is a pleasure to support this Bill, which was presented by my hon. Friend the Member for Newport West (Ruth Jones). I congratulate her on her success in the private Member’s Bill ballot.

It really is a great day for the Welsh. By the sound of it, this will be the third Bill from a Welsh Labour Member of Parliament to gain support from across the House and receive its Second Reading today. For those who say that MPs from the devolved nations do not play a role in this place, the proof that they do is the fact that these three Bills have reached this stage today. I thank everyone across the House for their support for our Bills, and it is a pleasure to support my hon. Friend’s Bill from the Front Bench.

I thank Members who have contributed to the debate, including the hon. Member for Truro and Falmouth (Cherilyn Mackrory), the hon. Member for Heywood and Middleton (Chris Clarkson), who, like me, has been on his feet a lot today, and the hon. Member for North Norfolk (Duncan Baker), who I would never have guessed was an accountant in a previous life, as he revealed in the debate. He spoke with a lot of compassion and sense, and he mentioned probation, which relates to a point that I want to make in my brief remarks. Twenty years ago—I was here—the last Labour Government introduced community orders and suspended sentence orders in their current form. They were designed to be robust alternatives to prison in cases of less serious offending. It has been disappointing to note that the use of community sentences has declined sharply, particularly in the last decade, and particularly between 2012 and 2022.

In 2017, a survey of magistrates found that over a third were not confident that community sentences were an effective alternative to custody, and two thirds were not confident that they cut crime. It is plain to see that more must be done to strengthen the confidence of the courts and the public that sentences served in the community are effective, appropriate and, above all, safe. That is particularly pressing given the Government’s proposals in the Sentencing Bill—we are waiting for Committee of the whole House, hopefully soon—for a new presumption that all sentences of less than a year will be suspended unless there are exceptional circumstances, such as the breach of a previous order, or a risk to an individual.

The Bill before us makes an important contribution to that effort. It will require offenders serving community or suspended sentences to alert their probation officer or youth offending team if they change their name or contact details. The question is how these necessary measures will be properly enforced while the Government continue to load more and more pressure on to the probation service, without giving it any additional resource. Sentences served in the community can be effective only if there is a functioning probation service rooted in the area that can enforce sentences and keep offenders on the right track.

I am sure that the Minister can see that our probation service is already critically understaffed, undervalued and overstretched. Probation workloads are soaring. Almost 50,000 working days among probation staff have been lost to distress, with 68% of probation officers rating their case load as unmanageable. More and more experienced prison officers, who were also mentioned, are leaving the service, and there are over 1,000 vacancies for probation staff. A recent watchdog report warned that such understaffing is having a devastating effect on delivering the good outcomes that the Bill is intended to support. In September, the annual report of His Majesty’s inspectorate of probation said that 31 inspections of probation delivery units had been completed since the probation service was reunified in 2021, and only one unit was found to be good. The rest were rated either “requires improvement” or “inadequate”.

I thank my hon. Friend the Member for Newport West for bringing forward the Bill and urge all Members to support it as a necessary step forward. I challenge the Government to ensure that the probation service is given the resources that it needs to ensure that the reforms are successful, and that the public remain protected, as they and the courts expect. I call on the Government to affirm their commitment to enforcing the crucial measures in the Bill when it becomes law.

Strategic Litigation Against Public Participation Bill

Kevin Brennan Excerpts

2nd reading
Friday 23rd February 2024 Commons Chamber

[Kevin Brennan (Cardiff West) (Lab)]

This could be quite a big day for the Welsh, with my hon. Friend the Member for Caerphilly (Wayne David) introducing his Bill and my hon. Friend the Member for Newport West (Ruth Jones) introducing hers later, I hope. I also hope to move from the Front Bench to the Back Benches to introduce my own Bill later in proceedings, so that is three Welsh Bills this morning. Of course, on the Front Bench we also have my right hon. Friend the Member for Alyn and Deeside (Mark Tami) from the Opposition Whips Office, so it really is a big morning for the Welsh.

My hon. Friend the Member for Caerphilly and I came into the House together in 2001—it is hard to think that that is nearly 23 years ago. I congratulate him on his first outing in all that time promoting a private Member’s Bill this morning. I am glad he was successful in the ballot, as it is an important Bill. For years, strategic lawsuits have enabled the wealthy and powerful to weaponise their wealth to sue critics into silence. As hon. Members have said, it is important that this House votes to put an end to these tactics that gag the press and intimidate people asking legitimate questions by threatening them with enormous legal costs—lawfare, as it has been referred to today.

I thank those who have participated in the debate: my hon. Friends the Members for Poplar and Limehouse (Apsana Begum) and for Hammersmith (Andy Slaughter), and the hon. Members for Heywood and Middleton (Chris Clarkson) and for West Bromwich East (Nicola Richards). They all spoke extremely effectively in support of the Bill, but also raised appropriate questions about how it should proceed in Committee. I am pleased that the Bill has cross-party support, and I understand the Government are in full support of it. I can confirm that it has the support of those on the Labour Front Bench as well.

It is a step forward that the scope of protection provided for in the Bill is not limited, as is currently the case, to economic crime. SLAPPs, often masquerading as defamation or privacy claims, are not really about seeking justice, but about imposing silence—exploiting the financial and emotional strain of proceedings to discourage individuals from exercising their right to speak on matters of public interest.

Labour has long recognised the danger posed by SLAPPs to our democratic values. We have already committed to introducing legislation to halt the ability of Russian oligarchs and the super-wealthy such as Roman Abramovich, who has already been mentioned today, to use their wealth as a weapon against those who dare to scrutinise their actions. The background to my hon. Friend’s Bill is rooted in a disturbing trend of legal harassment. From aggressive pre-action letters to the targeting of vulnerable financial defendants, SLAPPs undermine the foundations of accountability and freedom of speech. The enormous legal costs threatened by SLAPPs serve not justice, but the suppression of truth.

The Bill is not merely a response to a growing trend of legal harassment, but a declaration of our values as a society that cherishes free speech and the rule of law. It broadens the scope beyond economic crimes, offering protection across all public interest discourse to ensure that no avenue is left for the misuse of our legal system to suppress legitimate scrutiny and accountability. The legal reforms proposed by my hon. Friend in his Bill are both necessary and timely. They reflect a deep understanding of the challenges posed by SLAPPs, as outlined in the evidence sessions of several parliamentary Committees. By providing mechanisms for early dismissal and costs protection, and extending protections to all courts and tribunals, we are fortifying our defences against the abuse of legislation.

As we consider the provisions of the Bill, let us remember the individuals—and, indeed, institutions—who have been unjustly targeted by SLAPPs. Their struggles underscore the imperative for this legislation. I acknowledge the efforts of campaigners, including the UK Anti-SLAPP Coalition, for their tireless work in bringing this issue to light. We must ensure that our legal system serves justice, not the interests of those who seek to wield it as a tool of oppression.

I acknowledge the issues that have been raised about the Bill. I am sure they will be rehearsed in Committee when we will have a deeper discussion on them. In addition to the concerns that have been raised, we need to make sure—although I am sure it does not—that the Bill does not prevent ordinary people who wish to restrain the publication of libels and intrusions by wealthy publications from being able to do so in law. As my father always used to say, in life we should help the weak against the strong. I know that that is my hon. Friend’s intention in bringing forward his Bill.

I urge all hon. Members to support the Bill. In doing so, we are taking a stand against the tactics that gag our press, intimidate our citizens and erode our democracy. It is a step forward in an ongoing effort to protect freedom of expression and to ensure that those who seek to report on wrongdoing can do so without fear of retribution. In the fight for justice and accountability, there is no room for silence. The Bill can help to end the scourge of SLAPPs and reaffirm our dedication to the principles of democracy and freedom.

Oral Answers to Questions

Kevin Brennan Excerpts

Tuesday 20th February 2024 Commons Chamber

[Mr Speaker]

I call shadow Minister Kevin Brennan.

[Kevin Brennan (Cardiff West) (Lab)]

I welcome the meeting that the Secretary of State has just offered.

The problem with the Government’s response is that it ought to be centred on the experiences of families, not on the convenience of state bureaucracy, in order to ensure that they are never repeated. There is nothing in what we have seen so far from the Government that goes as far as we and, more importantly, the families believe is necessary to require public authorities to act with candour and transparency. Why is the Secretary of State persisting with a piecemeal approach, instead of committing to a clear, compelling and comprehensive duty of candour, as proposed in the Hillsborough law?

[Alex Chalk]

As I say, the recommendations of Bishop James Jones’s report, which we have considered extremely carefully, contained the charter for bereaved families, and it is worth reflecting on what paragraph 3 of the report says. It requires the public body to

“approach forms of public scrutiny—including public inquiries and inquests—with candour, in an open, honest and transparent way, making full disclosure of relevant documents, material and facts.”

Taken together with the powers that exist under the Inquiries Act 2005, there is potentially criminal culpability, misconduct in a public office and perverting the course of justice, but of course we will keep this under review. We want to make sure that public bodies do what they should—that is, act transparently—and we will always consider what further steps can be taken.

Draft Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2023

Kevin Brennan Excerpts

Tuesday 23rd January 2024 General Committees

[The Parliamentary Under-Secretary of State for Justice (Gareth Bacon)]

I beg to move,

That the Committee has considered the draft Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2023.

It is a pleasure to serve under your chairmanship, Mr Vickers. Last July, my right hon. and learned Friend the Lord Chancellor made a written statement to this House announcing the publication of the full Government response to the independent domestic homicide sentencing review undertaken by Clare Wade KC. The response announced a package of proposed reforms to ensure that the seriousness of domestic homicides is reflected in our sentencing framework. The draft regulations before us today are the first step in implementing those important changes.

In 2021, Clare Wade KC was commissioned to review sentencing in domestic homicide cases to establish whether the law and sentencing guidelines were fit for purpose. That followed concerns raised by a number of stakeholders, including the Domestic Abuse Commissioner and the Victims’ Commissioner, and by Carole Gould and Julie Devey, the mothers of two young women, Ellie Gould and Poppy Devey- Waterhouse, who were tragically murdered by their former partners in 2018 and 2019 respectively. I would like to take this opportunity to pay tribute to Carole and Julie for their tireless campaigning following the deaths of their daughters, and to Clare Wade KC for her work on this important review.

About a quarter of all homicides in England and Wales are classed as domestic: that is, they are committed by the partner or ex-partner or a relative of the victim. Over the past 10 years, that represents an average of nearly 160 homicides a year, with almost 90 of those being committed by a partner or ex-partner. The majority of domestic homicides are committed by men against women. In many of these cases, the victim has been subjected to years of abuse before their death and many also involve sustained and excessive violence towards the victim, which I will refer to in this debate as “overkill”. When female perpetrators commit domestic homicide, they have often, although not exclusively, been the victims of abuse and have killed their abuser.

The legal framework for sentencing for murder is primarily contained in schedule 21 to the Sentencing Act 2020. Schedule 21 was first introduced in the Criminal Justice Act 2003, more than 20 years ago, and contains the factors to which the court must have regard when assessing the seriousness of murder. Although it always remains open to judges to consider aggravating and mitigating factors not contained in schedule 21, the schedule does not include any specific consideration of the seriousness of domestic homicides and the abuse that often precedes such cases. Over the last 20 years our societal and legal understanding of domestic abuse has evolved. The Government have made controlling or coercive behaviour in an intimate or family relationship a criminal offence under the Serious Crime Act 2015, and introduced the landmark Domestic Abuse Act 2021, which created a legal definition of domestic abuse for the first time and made non-fatal strangulation a criminal offence.

We are also delivering on our rape review action plan, tackling violence against women and girls strategy and tackling domestic abuse strategy, and more than quadrupling funding for victim and witness support services by 2024-25, up from £41 million in 2009-10. However, as Clare Wade KC highlights in her review, our sentencing framework for murder does not yet fully reflect the increased seriousness that society now recognises in offending committed in a domestic context. Nor does it adequately account for the reduced culpability of a victim of abuse who snaps and kills their abuser. The measures that the regulations introduce will change that.

First, the draft regulations introduce both a statutory aggravating factor and a statutory mitigating factor for murder in relation to controlling or coercive behaviour. Cases of domestic murder are rarely isolated incidents. They are often the culmination of years of abuse underpinned by coercion and control. In the majority of cases, although not all, the abuse has been committed by the perpetrator of the murder, who is usually a man, against the victim, who is usually a woman. The new statutory aggravating factor will apply in those cases where an abusive partner or family member has killed their victim, in recognition of the seriousness of the preceding abuse and the experience of the victim before death.

However, a minority of cases involve a victim of abuse who has killed their abuser, often after years or even decades of abuse. In most of those cases, the perpetrator of the killing and the victim of the abuse is a woman. The new statutory mitigating factor will apply in those cases where a victim of abuse has killed their abuser, in recognition of their experience of abuse which preceded the killing and its impact on their culpability.

Secondly, the statutory instrument introduces a statutory aggravating factor for murder in relation to overkill, which it refers to as “sustained and excessive violence”. The prevalence of overkill in domestic murders is striking. It was identified in more than half the murder cases analysed for the review. In all but one of those cases, the perpetrator was male, and in more than two thirds, the perpetrator had also exhibited coercive or controlling behaviour towards the victim. Overkill causes intense distress to victims’ families. The horror of overkill, and the anguish that knowing that the body of their loved one was violated in such a way causes victims’ families, will now be recognised in statute.

Although the SI is an important first step in the Government’s response to the domestic homicide sentencing review, it forms part of a wider package of measures that we are taking forward in response to the recommendations made by Clare Wade KC.

The final legislative measure in the package is being taken forward separately in the Criminal Justice Bill. It will make the connection between a murder and the end of a relationship, or the victim’s intention to end a relationship, a statutory aggravating factor. In 40% of the murder cases analysed for the review, the murder occurred at the end, or perceived end, of the relationship. In all those cases, the perpetrator was male. Killing in those cases is the final controlling act of an abusive partner and its seriousness will now be recognised in law.

[Kevin Brennan (Cardiff West) (Lab)]

When describing the overkill provision in the statutory instrument, the Minister referred to the body of the victim. That matter was raised in our recent consideration of the Victims and Prisoners Bill. Is the provision applicable when such desecration took place after death, or does it apply only if it happened during the course of the murder?

[Gareth Bacon]

It will be applicable if the desecration took place after death as well as during the course of the murder, because the state of the body causes anguish to the relatives who are left behind.

As part of the Government’s response to the review, my right hon. and learned Friend the Lord Chancellor wrote to the independent Sentencing Council to propose that they revise their guidelines in the light of the recommendations and the Government’s response to them. I am glad to inform hon. Members that in response, the Sentencing Council is consulting on amending the aggravating and mitigating factors in the manslaughter sentencing guidelines to include a history of controlling or coercive behaviour. That consultation also seeks views on adding an aggravating factor to the manslaughter sentencing guidelines for strangulation, suffocation or asphyxiation.

Finally, the Lord Chancellor has invited the Law Commission to undertake a review of the use of defences for murder in cases involving domestic abuse, and to consider in particular whether there is any evidence to suggest that defences are used in different ways, or to different effect, depending on the gender of the defendant.

Although I hope that hon. Members will support the Government’s important changes in response to Clare Wade KC’s review, I recognise that some Members may want us to go further. We have therefore launched a public consultation to ensure that all options are fully explored. We recognise that there are issues and options that would benefit from further consideration, beyond the recommendations made in the review. The consultation seeks views on a minimum term starting point for murders preceded by controlling or coercive behaviour against the victim, and for all murders committed with a knife or other weapon. The consultation will close on 4 March and the Government will carefully consider the responses to determine whether further reform is required. We will update the House on the outcome of the consultation in due course.

Murder is the most serious crime that a person can commit, and we must ensure that in every case the sentence is commensurate with the seriousness of the crime. Our sentencing framework must reflect the seriousness of violence and abuse committed by those closest to the victims.

I commend the regulations to the Committee.

[Kevin Brennan]

I thank the Minister for explaining the statutory instrument that we are considering today, and I echo his comments about Carole and Julie and their campaign, which is partly responsible for this change in the law. It is a great pleasure to serve under your chairmanship for the first time, Mr Vickers.

As the Minister stated, the statutory instrument adds two aggravating factors and one mitigating factor to schedule 21 of the Sentencing Act 2020—the sentencing framework for murder—to recognise the seriousness of excessive violence and the preceding abuse that is so common in domestic abuse cases. It addresses some of the recommendations in Clare Wade KC’s domestic homicide sentencing review to give, for the first time, domestic homicides specialist consideration in the sentencing framework for murder.

I will not repeat the statistics that the Minister gave about those, predominantly women, who are victims of domestic homicide and lose their lives annually at the hands of a current or former partner. The crime leaves families engulfed in profound grief, and it is high time that the law specifically addressed its magnitude.

We are grateful to Clare Wade KC for carrying out the independent review in 2021. It was a crucial and complex task. Labour supports moving forward with reforms aimed at ensuring that domestic homicides are distinctly recognised and appropriately addressed in murder sentencing guidelines. That includes acknowledging controlling and coercive behaviour as a factor that both exacerbates the severity of the crime and, in certain contexts, might mitigate sentencing.

The pattern of domestic abuse, which is often characterised by escalating violence and manipulation, predominantly affects women, but it is also crucial to recognise instances where women, after enduring prolonged abuse, sometimes resort to violence. It is therefore important that preceding abuse can be a mitigating factor in sentencing, as envisaged in the SI.

I want to probe the Minister on a few things and make a few general comments. The SI addresses recommendations 5 and 8 of Clare Wade’s review with three measures: overkill, controlling and coercive behaviour as an aggravating factor, and the experience of such behaviour being a mitigating factor in killing by a victim.

The Minister has clarified that overkill would be applicable when sustained and excessive violence took place after the victim’s death. I welcome that clarification because the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards) raised the matter during consideration of the Victims and Prisoners Bill. He had a particularly horrifying constituency case. Perhaps the Minister will confirm that overkill is applicable not just in the context of domestic abuse, but in all cases of murder. In the case that the hon. Member for Carmarthen East and Dinefwr mentioned, his constituent, Mr Michael O’Leary, was murdered in a carefully planned way in January 2020 and his body was subsequently desecrated. I will not go into the details this afternoon—it is a horrific case—but the family has campaigned to try to ensure that there is a specific crime in relation to that sort of activity. I hope that the SI will go some way towards meeting their concerns, even if they would like the law to go further.

The review gave the Government 17 different recommendations, so will the Minister inform us about progress on all the other recommendations? He specifically mentioned one of the other recommendations. A fourth measure—to make murder at the end of a relationship an aggravating factor in sentencing—is covered in the Criminal Justice Bill. I would therefore be interested to know why that was not covered in this statutory instrument and why it required a separate piece of primary legislation. The Government are taking the recommendations forward, but that just means they will be implemented at a later date, should that Bill make its way through both Houses unamended. Will the Minister explain why we are not covering that off today with these other offences? Is there a specific reason?

Will the Minister also explain what is happening to the other 15 recommendations from Clare Wade’s review? There is some concern out there that the Government have taken a bit of a piecemeal approach to sentencing—this might be evidence of that—which could have the potential to lead to unintended and unwelcome consequences. Page 40 of the “Domestic Homicide Sentencing Review” states:

“Schedule 21 remains a product of its time and frozen in 2003 since when it has been amended in a piecemeal fashion… There is an argument that there should be a wholesale reform of schedule 21, with guidance being issued by the Sentencing Council.”

That does raise the inevitable question as to why the Government are not undertaking a wholesale reform of schedule 21, rather than continuing with this piecemeal approach.

Our approach, expanding on that in new clause 6 which I tabled to the Sentencing Bill, would commission a review into the effectiveness of current legislation and sentencing policy. It would focus in particular on increasing sentences for domestic homicide and abuse, but also examine other areas of concern in the current framework, including sexual violence and other violent crime, assaults on frontline and emergency workers and offences against children, and tougher sentences, including minimum custodial sentences, a greater minimum custodial sentence for rape, and whole life orders for any adult offender found guilty of rape, abduction and murder of a stranger.

Sometimes these measures pass quite quickly in such Committees without a great deal of scrutiny, but it is important for all the members of the Committee to keep in mind that the Government’s best estimate of how much this statutory instrument will cost, as contained in the impact assessment, is nearly £100 million. That is the middle estimate over the next 40 years. It is not an insignificant commitment of resource from the Government, albeit over a relatively long period of time. There is quite an interesting observation within the impact assessment, which states:

“All the cost estimates…have been assessed using HM Treasury guidance”

It then lists the conventions adopted in that process, one of which reads:

“Where appropriate, 20% optimism bias has been applied to future costs.”

Now, it might explain a thing or two about the former Chancellor and current Prime Minister if an automatic optimism bias is built into the estimates before us this afternoon, but that would be a trite point to make at this stage in our proceedings. However, it is significant that we are talking about having to commit £100 million as the middle estimate for what this SI will cost.

A lot of that, of course, relates to the fact that, according to the impact assessment, between 66 and 190 additional prison places will be required to cater for longer sentences as a result of this measure. Even with those extra places, the impact assessment says that one of the non-monetised costs is

“a risk that offenders spending longer in prison… may compound prison capacity and overcrowding”.

That underscores the consequences of the profound neglect of our criminal justice system in recent years. It is a direct consequence of inadequate investment in our Prison and Probation Service, which is only now beginning to receive belated attention. That additional burden could have been averted with a more consistent, pragmatic emphasis on investing in our public infrastructure from the outset. How do those financial implications align with the current budget? Will the Minister say more about that?

What measures will the Minister take to monitor and evaluate changes in sentencing patterns, prison population, and the overall justice system? I accept that it will take considerable time before the full effects of the SI come into force. What is the Government’s plan to monitor its effectiveness? I would be grateful if he informed the Committee when we can expect all the other recommendations from the review to be implemented and whether the views and concerns of victims’ advocacy groups, legal professionals, and other relevant organisations will be considered in such changes.

Will the Minister clarify the position of the proposed exemption from new restrictions on parental responsibility for those who commit murder but are victims themselves of domestic abuse? That is not contained in the SI, but what is happening to that exemption? When and how will it be enacted? If he cannot tell me this afternoon, I would be happy for him to write to me. I accept that he may not have prepared that point.

We will support the adoption of the SI instrument today, but it falls short of the comprehensive and less piecemeal approach that the Government should take to support victims.

Sentencing Bill

Kevin Brennan Excerpts

Wednesday 6th December 2023 Commons Chamber

[Kevin Brennan (Cardiff West) (Lab)]

We have had a good debate on the Bill, started by the Lord Chancellor and Secretary of State for Justice, the right hon. and learned Member for Cheltenham (Alex Chalk), and the shadow Secretary of State, my hon. Friend the Member for Birmingham, Ladywood (Shabana Mahmood).

There have been a number of interesting contributions, starting with the Chair of the Justice Committee, the hon. Member for Bromley and Chislehurst (Sir Robert Neill), who made a typically thoughtful contribution to our proceedings. He is against politicising the issue of sentencing, but I am sure that he would agree that that does not mean that His Majesty’s loyal Opposition should not scrutinise the Bill in depth, or look in detail, as we intend to do in Committee, at the matter of early release of offenders involved in crimes such as domestic abuse and sexual offences. He accepted, I think, that the prison estate had been allowed to deteriorate so far that, in its current state, rehabilitation has, in his words, become almost “impossible”. His suggestion of a statutory “purposes of prison” definition was an interesting one that we in the Opposition would certainly be interested in discussing with him further.

That was followed by a speech from the former Home Secretary, the right hon. Member for Witham (Priti Patel), who I thought also made an extremely thoughtful contribution to the debate. She agreed on some points with my hon. Friend the Member for Birmingham, Ladywood, and we would very much be interested in exploring that further with her as the Bill progresses, particularly the issue of which offenders are listed for early release.

We then had a contribution from the right hon. Member for South Holland and The Deepings (Sir John Hayes)—he and I are old jousting partners from the days when he was on the Opposition Benches and I was on the other side—who described the Bill as “lamentable” and said that he was in despair about it. He said that, when it came to crime and punishment, he was on the retribution side and was less committed to the rehabilitation side of the argument. I know that he is a big fan of poetry, so I am sure that he will recognise a bit of poetry if I quote it at him:

“I never saw a man who looked

With such a wistful eye

Upon that little tent of blue

Which prisoners call the sky”.

Prisoners go to prison as punishment, in our view, not for punishment. We might not see eye to eye with the right hon. Gentleman on what he said but, as ever, it was an interesting and thoughtful contribution.

We heard a contribution from the right hon. and learned Member for Northampton North (Sir Michael Ellis), who quoted Churchill extensively and said that the language was “a bit Edwardian”. I wasn’t sure whether he pointed that out because it was a bit too modern for him. He went on to say that 20,000 prison places have been created. We challenge that. I will not go into it in great depth, but in our view it will be only 8,000 by 2025 in net terms, which is 60% short of the Government’s plans.

The hon. Member for Harborough (Neil O’Brien) was critical of the methodology the Government have used to justify the presumption of suspended sentences for under 12 months. He admitted that people were spending too long on remand in prison, which is a source of a lot of problems in the prison estate. Many of those people turn out to be not guilty at the end of the process. That is a particularly pernicious fact, and it is a result of the Government’s failure to deal with the backlog in the courts.

The hon. Member for Great Grimsby (Lia Nici) called for visible community service and expressed concern that taxpayers’ money was being wasted on many of the current schemes because of the failure to operationalise them properly. Ministers will have heard her remarks.

The hon. Member for South Dorset (Richard Drax) said that he was concerned about the presumption of suspended sentences for under 12 months because of pressure on the probation service. He is right about that. If the probation service cannot provide a full service to those who are allowed out on early release, it is difficult to see how the measure will help to reduce crime. He called for the return of national service and borstals. We used to call them colleges of crime when I was growing up. He provided anecdotal evidence for their being an effective means of dealing with youth justice. I would be interested to see harder scientific evidence in that regard. In his very last remark, he said that something has gone seriously wrong with our criminal justice system.

The hon. Member for Aylesbury (Rob Butler) made an extremely thoughtful contribution and told us of his experience from 12 years as a magistrate and from serving on the Sentencing Council. He said that sentencing is an art, not a science. His expertise showed in his contribution, which was interesting to listen to. He told us about his short time as a Justice Minister. That might be the only example of a decision by the former Prime Minister, the right hon. Member for South West Norfolk (Elizabeth Truss), that should not have been reversed after her departure. Given the quality of the hon. Gentleman’s contribution, he was possibly the best ministerial appointment during her short tenure.

The hon. Member for Bury North (James Daly)—again, he brought great experience to the debate—said that he had sympathy with some of the points the Opposition are making about short sentences and so on. I agree with him that we should focus on the early years. We used to say when we were in government,

“tough on crime, tough on the causes of crime”.

He is absolutely right—until we get into the weeds of the causes of crime, we will never break the offending cycle.

The hon. Member for Broadland (Jerome Mayhew) said that the danger of short-term sentences was that they would turn small-scale offenders into greater offenders. He cited evidence for that in his very effective contribution.

The hon. Member for Warrington South (Andy Carter) told us of his experience as a magistrate and of the need to break the cycle of reoffending. He asked for reassurance that there will be additional prison officers in his local open prison when numbers are expanded there, and he was quite right to do so.

Another day, another Department of Justice Bill before the House—or, as I call it, the Department of Justice Delayed. As our debate draws to a close, let us consider the gravity of the task at hand. This Bill is supposed to be rectifying problems in our criminal justice system, which is beleaguered by overcrowded prisons, an overstretched probation service and the dire consequences of the past 13 years of mismanagement. Over those 13 years under the current Government, we have observed the unfolding of what can only be described as a penal catastrophe. For over a decade, they have promised a robust and rigorous approach to law and order, but when it comes to justice it is the evidence that matters, and the evidence is clear beyond reasonable doubt.

We were assured that there would be 20,000 new prison places by the mid-2020s, but as of today, less than half are on track to meet that deadline, and the totality of that pledge will not see fruition before 2030. The prison estate is at 99% capacity because the Government have failed time and again to act on warnings about capacity and overcrowding, and now they are using this rushed Bill as a sticking plaster over a gaping wound. The job is certainly not done: the situation has reached the desperate state where judges are compelled to delay sentencing hearings for people on bail, leaving convicted criminals to roam our streets. The Bill is not a proactive measure, but a reactive one—a response to a crisis that has been foretold and ignored. It seeks to introduce a presumption that sentences of 12 months or less will be suspended; as my hon. Friend the Member for Birmingham, Ladywood said, that is something we will explore in great detail in Committee.

I will not detain the House much longer, because I know there is a statement to follow, but the Government’s narrative is one of a pivot towards rehabilitation and community sentencing. However, the reality is a narrative of necessity. The Government’s own impact assessment estimates an increased caseload of 1,700 to 6,800 cases due to more suspended sentences, and at least 850 due to the expansion of the home detention curfew, yet there is no corresponding increase in support for the probation service, which is already on its knees. How can we expect a system to rehabilitate people when that system itself is in need of urgent repair?

The proposed changes to short sentences raise grave concerns. No offences have been ruled out of scope, regardless of their nature. That means that even known stalkers, sex offenders and domestic abusers could be managed in the community, posing a risk to new and past victims alike—as my hon. Friend the shadow Justice Secretary rightly pointed out, it could be new victims who are targeted by those offenders. That is not what justice looks like. My hon. Friend mentioned cases of violent offenders who could avoid being locked up under this proposed legislation. I will add another example: that of John Gallagher, who strangled his partner and punched her in the head several times. She was screaming, thinking that she was going to die. He said to her, “If I can’t have you, no one can,” before trapping her in a bathroom overnight. This man received a nine-month sentence; under the proposed legislation, thanks to this Government, violent offenders just like him could avoid prison.

The Government have been quick to proclaim their commitment to protecting the public from serious offenders. They speak of extending whole-life orders and ensuring that those convicted of the most serious crimes serve their full sentences. Those are measures that we can support, but beneath the veneer of the tough rhetoric, there is an inconvenient truth: the prisons that are required to house those offenders are not materialising. The Government have not just moved the goalposts, but taken them down entirely. In their place, we are being offered a vision of electronic monitoring and home detention curfews—a vision in which serious offenders could be released up to six months early. The Government assure us that violent offenders and those convicted of sexual offences will be excluded, yet fail to provide clarity on what constitutes “suitable” for release. The ambiguity surrounding this crucial definition is not just a matter of semantics; it is a matter of public safety. What does it say about our commitment to victims and to public safety that those who have inflicted great harm could be deemed “suitable” for early release?

Now we learn of the Government’s scheme to release offenders early on compassionate grounds, but it is a policy shrouded in secrecy, lacking the scrutiny of this House. This clandestine approach to justice is unacceptable. The British public deserve transparency, especially on matters that will have a direct impact on their safety and wellbeing. Let us not forget the Government’s botched privatisation and subsequent renationalisation of the probation service, which has done nothing but exacerbate the problems in our justice system. Probation is in such a dire state that of the 31 inspections by HM inspectorate of probation since reunification in 2021, only one has received a good rating. That is a damning indictment of the current Government’s ability to protect the public and rehabilitate offenders.

The Labour party offers a different path—one of strategic foresight, and one that ensures that decisions about the running of prisons and probation services are driven by public safety, not political expediency. We take a different view from the Government. We believe in a justice system that is fair, robust and, above all, transparent. We recognise that to break the cycle of reoffending we must invest in our probation service and make it a beacon of rehabilitation. We understand that to truly protect the public, we must ensure that prisons are places where offenders can be securely housed and effectively reformed, within a justice system that stands as a testament to our values, not a monument to failure.

Victims and Prisoners Bill

Kevin Brennan Excerpts

Report stage
Monday 4th December 2023 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

Before I call Kevin Brennan, the House can see how many Members are standing. The first few to be called should not be thinking about speaking for longer than six minutes. That limit is very likely to be reduced. I do not want to put the mockers on people intervening on one another—it is a debate—but please be mindful that it will eat into other people’s time.

[Kevin Brennan (Cardiff West) (Lab)]

I rise to speak to the amendments standing in my name and will refer to others. The Opposition acknowledge the significance of the Bill, but even if the new Government amendments that the Minister has just outlined are adopted, we cannot escape the reality that the Bill nevertheless remains a skeletal framework that requires substantial enhancement. For too long—over a period of eight years and an octet of Justice Secretaries, which is an average of one per year—the promise of a comprehensive victims Bill has been dangled before us, yet still we are here trying to fill in its gaps. That provides little comfort for the victims of crime across the country.

Having picked up the Bill since it was considered in Committee, I wish to pay tribute to my colleagues who worked on it through that stage and did all the heavy lifting: in particular, my predecessors on the Front Bench, my hon. Friends the Members for Cardiff North (Anna McMorrin) and for Lewisham West and Penge (Ellie Reeves), as well as my hon. Friend the Member for Birmingham, Yardley (Jess Phillips), who is in her place on the Back Benches. I also pay tribute to those who have engaged from the Opposition Back Benches, including my right hon. Friends the Members for Kingston upon Hull North (Dame Diana Johnson) and for Alyn and Deeside (Mark Tami) and my hon. Friends the Member for Rotherham (Sarah Champion) and for South Shields (Mrs Lewell-Buck). I also thank those who have tabled amendments for consideration today, including my right hon. Friend the Member for Hayes and Harlington (John McDonnell), my hon. Friends the Members for Poplar and Limehouse (Apsana Begum) and for Walthamstow (Stella Creasy), and my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman). That really shows the amount of interest in the Bill right across the House.

--- Later in debate ---

[Maria Eagle (Garston and Halewood) (Lab)]

rose—

[Kevin Brennan]

I pay tribute to my right hon. Friend the Member who is about to intervene.

[Maria Eagle]

New clause 14 is much better than the Government’s provision in the Criminal Justice Bill, which relates to producing codes of practice only for the police. Does my hon. Friend agree that his new clause would be a vital part of implementing a full Hillsborough law, which is what our party calls for?

[Kevin Brennan]

In all candour, I agree. The need for the new clause could not be more urgent. It is rooted in a simple expectation that those in public service, from health to policing, must not only act diligently but expose and challenge dangerous practices. The duty of candour would be not just a guideline but a legal obligation, and it would be particularly vital in tragedies like Hillsborough. I commend my right hon. Friend’s campaigning over many years on that subject and on terrible tragedies such as the Grenfell Tower fire.

New clause 14 aims to shift from a culture of defensiveness to one of openness, and would support those who wish to contribute to inquiries but feel pressured to remain silent. The NHS duty of candour has been a step in the right direction, but we need to go further for all public authorities if we are to end the cycle of institutional defensiveness that not only delays justice but fails to safeguard the lives of our citizens.

The new clause seeks to break down those barriers of evasiveness and foster a culture of accountability, where seeking the truth becomes paramount. A statutory duty of candour would circumvent all such issues and direct investigations towards the most pertinent matters promptly and efficiently. Most important of all, it would bring justice to the victims and their families who, for far too long, have been let down by public bodies that are meant to do the right thing.

I turn to amendment 33, which again stands in my name. The Bill intends to improve protections for victims, but it neglects a significant group, which the Minister made reference to in his remarks: individuals plagued by the menace of persistent antisocial behaviour, who are often living in fear in their own homes. The amendment seeks to rectify that oversight by ensuring that the definition of “victim” includes those tormented by antisocial behaviour such that they meet the threshold for an antisocial behaviour case review. There is no good reason why that group of people should have to deal with all the same agencies as other victims without the benefit of the same rights, so they should be added to the victims code.

Members across the House will know of many people in their constituencies suffering from that kind of antisocial behaviour. It is a daily battle for them. It is not the mark of a just society that they should not be included in the code. Currently, those victims are left without the protections and support that the Bill extends to other victims. That is an unacceptable gap in the legislation. We must extend support to those affected by persistent antisocial behaviour. It is our duty to ensure that no victim is left behind. The Bill must demonstrate that our support for those victims is unwavering and our commitment to all victims is absolute. We must ensure that every member of our society can live in dignity and peace, to which they have a right. I heard what the Minister said on this matter, but it is not good enough.

I turn amendments 154 and 155, though I will not dwell on them. They seek to maintain Welsh Ministers’ responsibility for issuing guidance to independent domestic violence advocates and independent sexual violence advocates in Wales. In the Bill, the Secretary of State is slated to provide guidance to outline their roles, the services to victims, and collaboration with the criminal justice system and other victim support entities. We support enhanced victim support, but our concern pertains to the Secretary of State assuming responsibility for the guidance in Wales. The Welsh Senedd did not grant legislative consent to the Bill due to its reservations about the role of the Secretary of State for Justice. Welfare and safeguarding are devolved matters.

I will not go into great detail because of time, but whether by oversight or design, the UK Government’s assumption of responsibility creates a dual system with varying authorities responsible for victim support providers based on the nature of the assistance rendered. That cannot be the right approach for victims in Wales. Elsewhere, the Government have shown a disregard for devolution. I am not sure that it is deliberate in this case, and I genuinely hope that it is an oversight. The Minister’s raised eyebrows suggest that I might be wrong about that, and that I am being too generous to him and the Government. As he has displayed some willingness to amend the Bill in our direction in other areas, I hope that he will reconsider the drafting to prevent further encroachment on devolved powers and, more importantly, to avoid less clarity for those helping victims in Wales and for victims themselves. If he is not willing to support our amendment on Report, I would welcome at least a commitment from him—I hope he is listening—to give further consideration to this matter when the Bill arrives in the other place.

New clause 38 on independent legal advocates is also significant. It seeks to recognise that the criminal justice system as it stands does not provide an adequate means of upholding the rights of rape victims, who so often feel that they are on trial. The provision of free independent legal advocates for rape victims is not merely beneficial but fundamentally necessary. For far too long, sexual violence victims have navigated the treacherous waters of the criminal justice system alone, often retraumatised by the very process that seeks to deliver justice.

The new clause aims to change that reality, and by tabling it we aim to go further than simply leaving it to the police to ensure that they seek victims’ personal records only when really necessary. The new clause would give victims a real and reliable opportunity to challenge those sorts of requests when they go too far, by having an experienced advocate by their side. The new clause would fundamentally change a centuries-old legal system without endangering the rights of defendants. In doing so, it aims to rebuild the trust of victims—women and girls in particular—because our justice system will cease to function if people do not feel able come forward and report crime.

I turn to new clause 42 in my name and new clause 27 in the name of my right hon. Friend the Member for Kingston upon Hull North. I pay tribute to her incredible campaigning on this matter over many years and that of other Members who have campaigned alongside her. We have all been moved by the appalling infected blood tragedy. The Labour party wants to help ensure that justice and compensation for victims and their families are delivered urgently. I applaud campaigning advocacy organisations, alongside the all-party parliamentary group on haemophilia and contaminated blood, which have worked so tirelessly to secure justice.

This issue has spanned many years and several Parliaments. The former Prime Minister, the right hon. Member for Maidenhead (Mrs May), set up the inquiry. Many Members and former Members—including Andy Burnham and the current Chancellor of the Exchequer, when they were Health Secretaries—advocated for such an independent inquiry. The Government have accepted that there is a moral case for compensation. The interim payments to a number of victims is an important recognition of that. I am sure that the Minister has seen the letter that the shadow Chancellor wrote over the weekend to the Chancellor of the Exchequer on this matter.

New clause 27 provides a chance to show that the Commons supports the principle of delivering a compensation scheme and understands the urgency of delivering justice. New clause 42 relates to that, and would establish a deadline of 25 sitting days from the publication of the final report on infected blood for an oral statement to this House setting out how victims can access the scheme and what steps will be taken to establish a compensation body.

I hope that the Government will accept both new clauses tonight. The aim is to ensure that the Government move urgently after the final report is published. This evening’s vote is an important opportunity, and we are willing to work with the Government to ensure that a fair scheme can be set up and administered quickly. There is time before the Bill goes to the Lords for us to work further on that. It is a hugely complex matter. We are keen to work on a cross-party basis to shape a final compensation scheme that can deliver justice urgently. We await the final findings of the independent infected blood inquiry chaired by Sir Brian Langstaff. However, there is no reason for the Government not to move forward, especially as the King’s Speech committed to action.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

Is my hon. Friend as surprised as I am that the Government are saying it is not possible to set up the compensation scheme and make payments at this time, because we do not have the final report? For the Post Office Horizon scandal, they are already making payments, ahead of the final report of the public inquiry.

[Kevin Brennan]

Yes, and the answer to the last line of my right hon. Friend’s intervention is, “What is the difference here?” That is a very pertinent question, which I know the Minister will want to answer when he gets to the Dispatch Box to reply to the debate.

I wish to pay tribute to Sir Brian Langstaff and the inquiry team for their work and their unstinting commitment to deliver justice for those infected. I would be grateful if the Minister could update the House on what work the Government have been doing since the publication of the report. I accept that that is part of the Cabinet Office’s responsibility, but it sits with us this evening and, of course, Governments are supposed to be joined up. I know the House would also be grateful for an update on the expected timing of the publication of Sir Brian’s final report, as this issue affects Members across the House. In that spirit, let us try to rise to the occasion and find a way to work constructively on a cross-party basis, but crucially at speed. To be clear, I urge my hon. Friends to support new clause 27, tabled by my right hon. Friend the Member for Kingston upon Hull North, should it be pressed to a Division.

New clause 1 was tabled by the hon. Member for Bromley and Chislehurst (Sir Robert Neill), and he is absolutely right that it concerns a very serious matter. Unfortunately, given the impact of the Government’s effective destruction of the criminal justice system, we lack the infrastructure and resources to keep the public safe, should his new clause be implemented immediately. Our priority is, and always must be, the safety of the British public. We are concerned that if new clause 1 were enacted without provisioning for significant improvements in probation and parole, we would potentially significantly increase the risk to the public and to the prisoners themselves. The Government’s movement on this issue is a welcome first step. I look forward to seeing what further progress can be made by our colleagues in the other place.

On parole, I express our disappointment, generally, regarding part 3 of the Bill, the addition of which diverts attention away from the Bill being a victims Bill. However, I recognise the Government’s acceptance of the basis of our argument, which is contained in new clauses 15 and 16. Those new clauses, tabled in my name, would prevent a Justice Secretary from overturning Parole Board decisions and redirect appeals for an independent decision. I emphasise the critical need for the Government to fulfil their duty to protect citizens, rather than pursuing political gains or attempting to exert control over independent quasi-judicial entities.

The Government are right in recognising the gravity of the substantial challenges in parole, many of which, I am afraid, stem from 13 years of their own misrule, marked by systematic underfunding and undermining of our criminal justice system. We are devoted to upholding law and order, pledging to enhance the Parole Board’s effectiveness and to reinvest in our criminal justice system. We extend an invitation to the Government to align with our endeavours and aspire to foster improvements for victims and prisoners alike.

On the Government’s amendments, there are a lot of them. It is not always the case that the Government are willing to table substantive amendments in the House of Commons. I think it is the right thing to do, rather than keeping them until the Bill arrives in another place. Quite a few of the amendments represent the Government’s alignment with our previous amendments, so it would be churlish of me not to welcome them. After all, imitation is the sincerest form of flattery.

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Simon Hoare)]

Sarcasm is the lowest form of wit!

[Kevin Brennan]

I know the hon. Gentleman is an expert on that subject.

New clauses 22 and 23 represent movement by the Government towards our long-standing campaign for a Hillsborough law. They introduce a statutory definition of “major incident” and “victims”, and legislate for a permanent advocate on the side of victims to speak to their best interests and the treatment they receive from public bodies. Ministers will be all too familiar with our commitment to bring in a Hillsborough law. We tabled new clause 14 to push the duty of candour, which we have already discussed.

I understand there is a possibility the House might divide on new clause 10, tabled by the hon. Member for Westmorland and Lonsdale (Tim Farron). The Conservatives’ failure to prevent illegal sewage leaks has led to a drastic increase in illegal discharges, trashing nature, damaging tourism and putting people’s health at risk. They promised us the affluent society; they gave us the effluent society. Labour believes that when Ofwat concludes that the water companies are inflicting the damage, the cost must be paid by the offending companies and not the taxpayer. The polluter should pay.

Finally, I want to refer to Jade’s law and the work of my right hon. Friend the Member for Alyn and Deeside. His campaigning, along with Jade Ward’s family and the community, has been incredible; they have fought to ensure that no family endures what that family did ever again. My right hon. Friend stood by his constituents, who fought their campaign in an incredible and exemplary manner. It is welcome news that the Government will protect children where one parent murdered the other. I must state some disappointment that elements of the amendment that my hon. Friend the Member for Lewisham West and Penge tabled in Committee were not carried over, too. None the less, it is a celebratory event for Jade Ward’s family and the community, and for my right hon. Friend. We should offer them our thanks and congratulations.

The Government have a once-in-a-generation opportunity to make a real change for victims. I urge them not to waste it. I hope they will support our amendments on that basis, and I hope they continue their trend in following in our footsteps.

[Several hon. Members rose—]

Oral Answers to Questions

Kevin Brennan Excerpts

Tuesday 21st November 2023 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Kevin Brennan (Cardiff West) (Lab)]

The Secretary of State’s emergency early release scheme is meant to tackle a capacity crisis that is entirely of this Government’s making, and it excludes only serious violence. Surely domestic abuse and stalking are serious offences, yet they are not excluded from early release. What kind of signal does that give to victims, the public, and indeed perpetrators of violence against women and girls?

[Alex Chalk]

We are proud that under this Government sentences for offences such as rape have gone up by a third. We have a situation in which charges are up, the conviction rate is higher and sentences are longer—and, unlike under the Labour Government, people are spending a higher proportion of those sentences in custody. We think that is the right thing to do. To the hon. Member’s point, the exclusions in place go beyond what he indicated, so he is factually incorrect; they also include sex offences and terrorist offences. Here is a really important point: where the custodial authorities are satisfied that there is a specific risk, there is an opportunity to ensure that release is blocked. That is important, because we will always stand up for victims of crime.

[Kevin Brennan]

Argument weak? Go long and do not answer the question—the classic response from this Government. The truth is that without any Government announcement of a start date, prisons began releasing offenders over a month ago. These men are already walking our streets, but the Government will not tell us how many, or why they were behind bars in the first place. Why do the Government not believe that the public deserve to know who is being released back into the community when a court decided that they should be in prison?

[Alex Chalk]

We will make whatever appropriate announcements in due course; we will not demur from that. We will also not apologise for having, under this Government, a higher custodial population than before. We are taking robust steps to ensure that the public are protected, which means unashamedly that those who commit the most serious offences—those such as murder in the context of sexual or sadistic conduct—go to prison for the rest of their lives. Will the hon. Member support that? I wonder. We are also using the evidence so that those capable of rehabilitation are rehabilitated. One thing that we will not ever put at risk is the threat to women and girls. As the Under-Secretary of State for Justice, my hon. Friend the Member for Newbury (Laura Farris), indicated, we have taken steps to ensure that victims of domestic abuse will be properly protected under the Government.

Oral Answers to Questions

Kevin Brennan Excerpts

Tuesday 12th September 2023 Commons Chamber

[Mr Speaker]

I welcome the shadow Minister, Kevin Brennan. It will be quieter on the Back Benches but no doubt he will make up for it on the Front Bench.

[Kevin Brennan (Cardiff West) (Lab)]

Thank you, Mr Speaker. I suspect the Minister might anticipate what I am going to ask him because I am beginning to think the Department should be renamed the Department for Justice Delayed. Labour proposed that we change the law on attending sentencing back in 2022, and just last month the Leader of the Opposition said that we were prepared to amend the relevant legislation if there was no action, so why is it taking so long for the Government to intervene on behalf of victims and their families?

[Edward Argar]

I am grateful to the hon. Gentleman and may I take the opportunity to welcome him to his place? I suspect there will occasionally be to-and-fros across this Chamber, but I hope there will also be opportunities, where we are in agreement, to work constructively together. We have been clear on our intention to bring forward appropriate legislation to reinforce the existing powers the judiciary has in this respect, but it is important that we get this right and that it builds in that degree of judicial discretion, because there may be some circumstances where victims would not wish to see the offender in court for sentencing because it would be deeply distressing or deeply disruptive. So it is important that we get this right. We are determined to do that, but we will work through the detail to make sure it is robust and effective.

Probation Service: Chief Inspector’s Reviews into Serious Further Offences

Kevin Brennan Excerpts

Tuesday 24th January 2023 Commons Chamber

[Damian Hinds]

The right hon. Gentleman is absolutely right. He raised a number of points. In terms of link-ups, it is correct that we need to look outside the criminal justice system. One of the things I have outlined today is how we are now receiving intelligence not just on what people are convicted for or even formally accused of, but on child safeguarding issues, for example. We can do that only by working closely with children’s services and local authorities. More broadly, his point about linking up with education, youth provision and so on is well made.

[Kevin Brennan (Cardiff West) (Lab)]

I do not for one second doubt the Minister’s sincerity, but I do doubt the veracity of the Government’s position that they are doing everything in their power to ensure that this kind of tragedy can never happen again. Can he tell us whether, as we speak, there are any offenders out there who may have been categorised improperly, as happened in this case? Are there any of them walking around now with the capacity and the likelihood to commit that kind of horrendous crime?

[Damian Hinds]

We seek to ensure that the categorisation and risk assessment of every individual is as accurate as it can be. In truth, in humanity there is no neat high, medium and low distinction between different individuals. Those who have been relatively low risk can become relatively high risk. We see that with many people over time. I am focused on making sure that within the service, there is the facility, the information, the intelligence sharing and the joint working to make sure that people can make the best possible assessments of risk and that we have the most appropriate regimes in place.