(1 week, 1 day ago)
Commons ChamberWhat a privilege it is to follow those powerful speeches from the hon. Members for Knowsley (Anneliese Midgley) and for Bolsover (Natalie Fleet). They are clearly two very formidable parliamentarians, and it is a privilege to be in the same debate as them.
I stand today to speak on behalf of my constituent Bethan and her parents, who are in the Gallery today. I am going to do that rare thing on the Opposition Benches of thanking the Government for making changes to restrict the parental responsibility of convicted sexual offenders. It is hugely important and clearly the right thing to do. When Bethan, whose story was covered by the BBC, learned that her ex-husband had been convicted of some of the most serious child sex offences imaginable, she also learned that he retained access to her child. I am sure it is not lost on parliamentarians across this House that in those instances, for those paedophiles and sexual offenders, that access is the last bit of coercive and toxic control that they retain.
In the previous Parliament, when Baroness Harman and the Minister for Violence Against Women and Girls, the hon. Member for Birmingham Yardley (Jess Phillips), pushed for a new clause on this matter in the Criminal Justice Bill, I had the privilege of watching with my constituents from up in the Gallery. Sadly, that Bill did not make it through the parliamentary wash-up, so the work was not completed at that time.
Bethan’s family had to spend £30,000—not a resource accessible to all—of their own money to get their case through the family courts. They have gone on this journey so that more victims—parents and mothers—can take advantage of this legislation and be protected even if they do not have that resource. I speak to be the voice of Bethan and her family. Although I will not take up much of the House’s time, they wanted me to place on the record their gratitude to Baroness Harman and to Alex Chalk, the former Secretary of State for Justice, who stayed in touch with them while there was work to be done. I am pleased we have got to Report stage. They also wanted me to place on the record their thanks to Laura Farris, to both Ministers present, the Under-Secretary of State for the Home Department, the hon. Member for Birmingham Yardley, and the Under-Secretary of State for Justice, the hon. Member for Pontypridd (Alex Davies-Jones), and to the Justice Secretary, because they really have protected vulnerable mothers and innocent children and spared them from excruciating distress.
While I do place on record my gratitude, it would be remiss of me not to ask a couple of questions on behalf of Bethan and her parents. They have queried the restriction to four-year sentences and the sexual harm prevention orders, which kick in with a two-and-a-half-year sentence. Could the Minister provide clarity on that? The measure refers to the children of sex offenders and the restriction of parental rights, but I do not think it refers to future children. [Interruption.] I see the Minister nodding her head. Perhaps she will state that on record for clarity.
Today I have the very easy task of being the voice of Bethan and her parents in saying thank you. This Bill is a really important measure to pass.
Lauren Edwards (Rochester and Strood) (Lab)
I really welcome this Bill, which delivers long-overdue reforms to protect victims and goes a long way to rebuilding confidence in our judicial system. I particularly thank my hon. Friend the Member for Bolsover (Natalie Fleet) and for Knowsley (Anneliese Midgley) for their powerful contributions to the debate.
I also thank the hon. Member for Maidenhead (Mr Reynolds) for tabling new clause 12, relating to UK citizens who are murdered abroad. The previous Conservative Government failed to address this issue in the Victims and Prisoners Act 2024, so I thank him for raising this important issue once again. As he has explained, the lack of any statutory support for the families of British nationals murdered abroad is a glaring gap in our legal system. Families who find themselves in this deeply distressing circumstance must deal not only with their immense grief but with difficult practical issues, such as navigating a foreign legal system—often with language barriers—and unfamiliar police forces and judiciaries.
New clause 12 would address that anomaly by creating an appendix to the victims code that sets out how it applies to close relatives of British nationals resident in England and Wales who are the victims of murder, manslaughter or infanticide committed abroad. The hon. Member for Maidenhead is right that families in those awful circumstances need more support and are being failed by the current system. At the very minimum, they deserve the same recognition and support under the law as those whose tragedies occur within the UK. Currently they are only able to access discretionary support that may be given by local chief constables, Government Departments and national services, such as the National Homicide Service and the victim contact scheme.
That is not good enough. We need statutory rights for families in these circumstances to be treated and supported as victims themselves. Rather than just an appendix to the victims code, we need a framework that is more bespoke, offering tailored help to families who need to navigate a particularly difficult set of circumstances. That could include help with the repatriation of their loved one or keeping them informed about the police investigation or court process that may be happening on the other side of the world, often in a different language.
Although I wholeheartedly agree with the principle behind new clause 12, I cannot support it. I think we need to go further, with both Justice Ministers and Foreign Office Ministers working together on a specific framework to support UK families who have lost loved ones while abroad. I am afraid I also cannot support the new clause because, by my reading, subsection (1) to proposed new section 2A is too narrowly drawn. I am currently supporting the family of a constituent from Strood who has died in suspicious circumstances abroad in India. They have struggled to get the right support from the Foreign Office and came to me in desperation as they did not know where else to go for help. Kent police has been helping them through its missing persons unit, as distressingly the first they knew of anything having happened to their father was when they were sent a video of his cremation, received at 3 am UK time. However, there are obvious limits to what Kent police can do in this situation.
As there is currently not even a murder or manslaughter investigation, since it is unclear what happened, the family would not be covered under subsection (1) to proposed new section 2A, despite needing the same support as families in those situations who the hon. Member for Maidenhead is nobly trying to help. Rather than pushing new clause 12 to a vote, I urge the hon. Member to join me in welcoming the Minister’s opening comments about action in this space and calling for her to commit to working with her Foreign Office equivalent to design a specific framework that will give statutory rights not only to the families of UK residents who are the victim of murder, manslaughter or infanticide but to the families of those who have died in suspicious circumstances. That way, everyone who is facing this difficult set of circumstances can get the support that they need.
Andrew George (St Ives) (LD)
I congratulate the Minister on bringing forward this raft of very important changes. It is a pleasure to follow the hon. Member for Rochester and Strood (Lauren Edwards). I would ask my hon. Friend the Member for Maidenhead (Mr Reynolds) to address the points raised—I am not qualified—but I imagine that the purpose of new clause 12 is to make technical changes so that the measures are even more effective, which, clearly, we would all support. In any case, my understanding is that it would require the Secretary of State to bring forward such changes rather than stipulating what those changes are in detail.
Like others, I warmly congratulate the hon. Member for Bolsover (Natalie Fleet) on a very impressive and powerful speech. I know that the Minister congratulated her in advance on the campaign she has run. Equally, the hon. Member for Knowsley (Anneliese Midgley) made a very powerful speech. My hon. Friend the Member for Wimbledon (Mr Kohler) and my hon. Friend the Member for Maidenhead made strong cases as well.
I repeat the reminder of my hon. Friend the Member for Chichester (Jess Brown-Fuller) that the primary purpose—this is certainly what I have always said—of custodial sentences must be public protection. It is on that issue that I wish to concentrate. My remarks are entirely informed by a case I have been pursuing on behalf of my constituent Tina Nash. The Minister is aware of this, because I have corresponded with her on the subject. Tina was horrifically attacked by her former partner in 2012 for a 12-hour period until she managed to escape. In that time she was battered and had her eyes gouged out and her jaw and nose broken. It was an appalling beating that she was lucky to survive—and a survivor she is.
The following year her former partner was jailed for life with a minimum term of six years. However, earlier this year he was moved to a category D prison, with open conditions. My constituent was not consulted about this and was only informed about it after the decision had been taken. Bearing in mind that she is blind, it is understandable that she fears that, if she went out shopping, he could be in her company without her knowledge. She is incredibly scared as a result of the decision. She had no say in it, and nor was she consulted.
I tabled new clause 17 to urge the Government to accept that victims have a right to a veto in reasonable circumstances for their own protection—not in all circumstances and not in every condition, but we should certainly ensure that they are properly consulted. As a result of this experience, I think there are a number of other failings in the system that require the Government to ensure belt-and-braces support for victims throughout the process.
Tina wanted to pursue this matter with the Parole Board, but it did not respond to her until my intervention, and then there was an offer of a meeting. That is not good enough. It should not be down to a Member of Parliament to force a response. She was given the support of the victim contact scheme, which I will come to in a moment.
My constituent was given the opportunity to complain—the Prisons and Probation Ombudsman provided her with a complaint form—but months after she had completed the complaint, she was informed that the ombudsman had assumed she was the prisoner, not the victim. Can that level of incompetence or her treatment throughout the process be believed? She was treated appallingly, while the process wasted her time and stressed her out. Her complaint was rejected as outside the PPO’s remit—that fact was not initially communicated to her—which caused her enormous distress and confusion. Despite circumstances in which she was blinded by her perpetrator, she still somehow has to navigate and overcome all these processes and problems. Of course, the PPO apologised for its error, but with a lack of empathy for my constituent in an officious response that directed her to the Victims’ Commissioner.
(2 weeks, 6 days ago)
Commons Chamber
Catherine Atkinson
The hon. Lady makes an important point. That is one of the reasons that the RFA has created its tracking system: to have tangible evidence of the efficacy of the work that we intuitively know must be successful in preventing reoffending.
The businesses that I have met that are utilising release on temporary licence schemes or have workshops in prisons often act from a really strong ethic and a strong sense of social responsibility. There are also economic benefits and evidence—a clear business case—for providing work in prisons. I thank the East Midlands Chamber for its work with businesses in this area. I was told by their chief executive, Scott Knowles, that
“those employers that can successfully navigate the administrative burden to employ prisoners or offer placements on temporary licence, frequently comment that these members of the team rapidly become their most productive team members.”
A lot of the work taking place in prison is not for the private sector at all. Some 90% of the work at HMP Ranby is for the public sector, in a range of things including building beds, lockers and furniture for use not just in other prisons but in the wider public sector. That means that it does not have to be bought in, providing significant savings to the public purse as a result.
The success of schemes such as those that have been mentioned and those at HMP Ranby raises an important question: how can we scale up the model across more prisons and employers? The goal should be to reach a point where, upon release, prisoners can return to their communities anywhere in the country and find employment that builds on the skills that were developed inside.
Lauren Edwards (Rochester and Strood) (Lab)
I completely agree that all the evidence points towards the need to invest in prison training and employment programmes to reduce reoffending. Doing so is good for society and for the public purse, but does my hon. Friend agree that we should reform the system to support shorter, more modular learning in our prisons, in line with the Government’s approach to the growth and skills levy? Rochester prison in my constituency runs a successful stonemasonry course, but the length of time it takes—18 months—makes it difficult for prisoners to complete it, due to shorter sentences, prisoner moves across the prison estate, and early release.
Catherine Atkinson
I thank my hon. Friend for her intervention. Having a range of options for people is really important, but she also makes it clear that shorter sentences can prevent rehabilitative work being done, which is why it is so important that we are trying to move to a presumption against shorter sentences.
A range of things can be done, and there needs to be a co-ordinated effort to ensure consistency and opportunity across the prison estate. Perhaps that could involve asking different Government Departments to look at the goods and services that they procure from prisons, to ensure that there is that option, or building on the brilliant work being done on procurement to ensure that employers who provide meaningful work opportunities to prisoners see the wider benefit, thereby reinforcing the Government’s commitment to rehabilitation and reducing reoffending.
There is a popular myth that the poorer the quality of a prison, the greater the punishment, but that has been well tested over the last 14 years. His Majesty’s chief inspector of prisons suggests not only that purposeless prisons are harmful for prisoners, but that that harm could extend to wider society. We cannot isolate, bore or humiliate someone into being rehabilitated. It is far better that they are able to make amends through work. The idea that giving more people—perhaps people who have never had it—access to good work might strengthen society comes naturally to me as a Labour MP, because Labour is the party of work. Without it, boredom, frustration and despair can thrive.
Work in prisons benefits prisoners, yes, but it also works for those who risk their life and their safety as frontline prison officers and probation officers. It works for companies, and not just because they are keen to do their part for society. It can help us to meet the skills challenges that industry faces, to onshore manufacturing jobs, and to create more funding for victims through the Prisoners’ Earnings Act 1996 levy. Job or jail? If we truly want to break the cycle of crime, and give people in my constituency of Derby North and across the country the safety and opportunity that they deserve, this is how we begin.
(5 months, 2 weeks ago)
Commons Chamber
Sarah Sackman
The hon. Gentleman is absolutely right that incidents such as this perpetrated by cyber-criminals represent an attack on our justice system and are corrosive of trust. He is also absolutely right that, in so doing, they are hitting some of the most vulnerable in our society. That angers me, frankly, and the response needs to be commensurate to the damage that they have done not just in stealing people’s private data, but to the wider system in undermining trust.
We are taking a proactive approach to communicating with people and with the sector. As soon as the risk and the exposure of the system to these hackers was identified, legal aid providers were updated on their exposure and told to take proactive security steps. That communication has been updated, and, as well as today’s public statement, we are in constant communication with those legal aid providers. They are really the most important point of contact, because they have a relationship of trust with their clients, and they will be invited to pass on the warnings and messages coming from the Government. Where we know of particular individuals whose data may have been exposed and who may be particularly vulnerable, we are communicating directly with them. I will take away the hon. Gentleman’s suggestion of an advice line, but for now what I have described will be the most important and effective way of disseminating the warnings and keeping people up to date as the situation evolves.
Turning to the wider security threat to Government and other vulnerabilities, before this attack we had indicated in any event that we would have a new national cyber strategy across Government by the end of the year. Obviously, we also intend to introduce the cyber-security and resilience Bill, which aims to improve and strengthen Government cyber-defences and Government responses to attacks just like this one. All of that is going to be important to improving the resilience not just of the Legal Aid Agency but of cyber-systems right across Government.
Lauren Edwards (Rochester and Strood) (Lab)
A recent Public Accounts Committee inquiry found that the Government still have substantial gaps in their understanding of how resilient their IT estate is to cyber-attack. It was really helpful to hear from the Minister about the work that is ongoing, but in the light of this very serious incident, will she and all Departments urgently assess the robustness of cyber-defences, not only in arm’s length bodies such as the Legal Aid Agency but in legacy IT systems and the supply chain—which the Committee found to be known areas of weakness—to ensure that our cyber-defences in Whitehall are as strong as possible?
Sarah Sackman
My hon. Friend is absolutely right. Whether in Government, local authorities or other bodies such as universities and businesses big and small—as we know, some of the most famous businesses in this country have recently been exposed to these sorts of risks—and whether the cyber-attacks come from state actors or from organised crime, as appears to be the case in this instance, legacy IT systems are one of the most serious vulnerabilities. That is precisely what today’s incident highlights, and it is why that national cyber strategy is going to be so important. It will identify how we build up our resilience at pace and protect against these vulnerabilities, which are system-wide and affect public and private actors alike.
(1 year ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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Lauren Edwards (Rochester and Strood) (Lab)
I thank my hon. Friend the Member for Southgate and Wood Green (Bambos Charalambous) for securing this debate. The introduction of IPP sentences was well intentioned but in reality it has gone badly wrong. That is not only my view but the view of Lord Blunkett, who was Home Secretary when IPP sentences were introduced.
We know that two of the key failures were that IPP sentences were intended for only the most serious violent and sexual offences but in practice captured many of the lower level criminal offences and were applied to shorter sentences, and that the practical implications of the recall provision were not properly appreciated or considered at the time of introduction. From what I understand, we have cross-party agreement on that assessment and on the intention to correct it. I view today’s debate as being about how we can best and most quickly achieve that aim and address, as others have said, a gross injustice.
As a MP for only a matter of months, I am already acutely aware of the toll those sentences have taken, not only on the prisoners who are affected but on their family members. I have at least two constituents who are currently recalled to prison because of non-criminal breaches of their licences and who are dealing with post-traumatic stress and other mental health challenges. That is driven to a significant extent by the uncertainty about whether they will ever be released or even about when their next parole hearing will be. As I and others have mentioned, that also significantly affects the family. I am sorry to say that I have been made aware that one of their partners has committed suicide in recent days. Her family’s view is that her losing her partner and her main source of support, while he was on one of those sentences, has been a contributing factor.
I know the Minister and the Secretary of State are taking action to implement the Victims and Prisoners Act 2024, passed by the last Government, and I really welcome that. The new automatic termination process and the presumption to terminate, and reducing the associated qualifying periods, will help a significant number of those currently on IPP licences. I ask the Minister to consider what additional steps the Government could take to accelerate the safe release of IPP prisoners who are still in custody, and to prevent the recall merry-go-round which many have experienced.
Recalled prisoners are a growing proportion of the total number of IPP prisoners in England and Wales. Many of the reasons for recall speak more to the need for mental health provision than for a recall to prison. For instance, one of my constituents was recalled for things he said to the police during a mental health crisis while intoxicated. Having served 17 years on an IPP sentence, he will now be in prison for an indeterminate length of time while waiting to be seen by the Parole Board, having committed no further criminal offences.
As far back as 2008, the chief inspectors of prisons and probation were highlighting the lack of resources necessary to rehabilitate IPP prisoners and the enormous strain IPP sentences placed on the prison system and the Parole Board. We know we inherited from the last Government a prison estate and a criminal justice system that is now in even worse shape. It is teetering on the edge and requiring the early release of some prisoners where it is considered safe to do so. I certainly welcome the action the Minister and his colleagues have taken to begin to clean up the mess.
Last week in the main Chamber we were told that IPP sentences would be excluded from the sentencing review announced by the Secretary of State. I understand the reasons why, but the actions that are being taken for those on IPP sentences and the new sentencing review must speak to each other, particularly where they are addressing common challenges such as the need to focus on rehabilitation and support in the community and to free up prison places across the prison estate.
Key to this will be the IPP action plan. We have a plan, but as yet no report to Parliament on its effectiveness. My understanding is that that was due in March, but was delayed to May by the previous Government and has still not been published. I therefore urge the Minister to bring forward that publication as a matter of urgency, together with the annual report by the Secretary of State on steps taken to support those serving IPP sentences with their rehabilitation and progress towards release.
I also urge the Minister to consider the ways in which the IPP action plan could be improved, reflecting on some of the feedback on its inadequacy that has been highlighted by previous Justice Committees and other civil society organisations. We must understand the adequacy of the current support available to prisoners serving IPP sentences or who have been recalled and have clear measures of assessment. We cannot continue to have IPP prisoners languishing in our overcrowded jails.
As of March this year, 80% of unreleased IPP prisoners had been in prison for over twice their original tariff length. I previously mentioned that IPP sentences had been attached to offences other than the most serious offences that were intended in the original legislation. I note that around 190 IPP prisoners are still in custody more than 10 years after completing their original tariff of two years.
As the Justice Committee, the Howard League for Penal Reform and the Prison Reform Trust have said, there are high rates of self-harm and recall to prison among IPP prisoners. That should cause us to look very closely at the adequacy of the support they are receiving, both in prison and when out on licence, and make improving it a priority for the new Labour Government. It is self-evident that those two things are linked, and that it will be very difficult for IPP prisoners to show that they no longer present a threat to the public if they are not receiving intensive support to deal with the psychological effects of believing they may never leave prison despite, for instance, having passed the end of the two-year tariff more than a decade previously. Lord Moylan has in the past described IPP sentences as
“a form of mental torture”,
as other Members have referenced today. I agree with him that we have a moral responsibility to administer justice to IPP prisoners, who have been neglected for too long.
Some Members have today raised resentencing. I know from her answer to my question in the Chamber last week that the Secretary of State is not in favour of resentencing. However, it is not clear to me why it could not be done in a way that balances the protection of the public with justice for the individual offender, as recommended by the Justice Committee in the past, via an expert committee that could correct any disproportionate sentences while considering public safety. A wide range of respected organisations consider that that could be done and I would welcome more clarity from the Minister on that point.
Just as I opened with words from Lord Blunkett, so I will end with them. He has described the current situation concerning recalled IPP prisoners in particular as “unequal”, “unjust” and “immoral”. The coalition Government took the right step in ending IPP sentences in 2012, but they left unfinished business. Those still serving IPP sentences, or who have been recalled, need a system that will be fairer to them and give them the necessary support to leave prison while preserving public safety. It is our issue to fix as the new Labour Government.
(1 year ago)
Commons ChamberLet me assure my hon. Friend that the answer to his question is yes and yes. Part of the reason for doing the review is to ensure that this country is never again on the brink of running out of prison places, and that dangerous offenders who need to be locked up to keep the public safe will always be locked up.
Lauren Edwards (Rochester and Strood) (Lab)
I welcome the sentencing review and thank the Secretary of State for her explanation of why IPP sentences are not included in the review. What steps will she take to accelerate routes out of custody for prisoners serving IPP sentences, including a re-sentencing review that can be done without prejudice to public protection, to end an injustice once and for all and to increase capacity on our prison estate?
I hear the point my hon. Friend makes, and she makes it very well. We are not considering a re-sentencing exercise for IPP prisoners, because that would automatically release a number of people who we do not believe it would be safe to release. I am not willing to compromise public protection. I know that there is a huge injustice at the heart of these issues and that IPP sentences have rightly been abolished, but we have a problem with the cohort, in particular those under an IPP sentence who have never been released at all. I am determined to make more progress, wherever it is possible to do so safely, on releasing more IPP prisoners, but never in a way that compromises public protection.