Oral Answers to Questions

Lindsay Hoyle Excerpts

Tuesday 22nd April 2025 Commons Chamber

[Sir Nicholas Dakin]

The hon. Member mentions an excellent counselling service in his constituency, which I praise. These counselling services are crucial and a very important part of the system.

[Mr Speaker]

I call the shadow Secretary of State.

[Robert Jenrick (Newark) (Con)]

It has been six days since the Supreme Court handed down its landmark judgment in the case brought by For Women Scotland—a judgment that confirms basic biological reality and protects women and girls. It was a Conservative Government who brought in the policy to stop male offenders, however they identify, being held in the women’s estate, especially those convicted of violence or sexual offences. Will the Lord Chancellor and her Ministers confirm that the Government will implement the Supreme Court judgment in full and that they will take personal responsibility for ensuring that it is in every aspect of our justice system, or do they agree with senior Ministers in their party who now appear to be actively plotting to undermine the Supreme Court’s judgment?

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[Shabana Mahmood]

The guidelines set a starting point for a sentence—that is usually the point of the guidelines. Judges can sentence outside the guideline range if they believe that is in the interests of justice. The guidelines set only a starting point, not an end point, which remains in the purview of judges sitting in their independent capacity in our courts. We are not seeking to overturn the immigration guidelines. In case there are hon. Members who are labouring under misinformation, I should say that it is an important point of fact that foreign national offenders and immigration offenders who receive sentences of less than 12 months can still be deported, and under this Government they will be.

[Mr Speaker]

I call the Chair of the Justice Committee.

[Andy Slaughter (Hammersmith and Chiswick) (Lab)]

When it enacted the Coroners and Justice Act 2009, Parliament decided that the Sentencing Council should be chaired by a judicial member, appointed by the Lady Chief Justice. Does the Lord Chancellor agree that Members of this House should respect the principle of judicial independence when discussing the leadership of the Sentencing Council?

[Shabana Mahmood]

When judges are acting as judges, they are acting in their independent capacity. All Members of this House should respect judicial independence. My hon. Friend will know that my disagreement with the Sentencing Council relates to where the line is drawn between matters that are correctly within the purview of our independent judiciary and matters that relate to policy that is correctly within the purview of this place.

[Mr Speaker]

I call the shadow Secretary of State.

[Robert Jenrick (Newark) (Con)]

Today, the Justice Secretary is belatedly introducing a Bill to restore fairness in who receives a pre-sentence report, but it will not correct what the pre-sentence report says. Under brand-new guidance that the Justice Secretary’s Department issued in January, pre-sentence reports must consider the “culture” of an offender and take into account whether they have suffered “intergenerational trauma” from “important historical events”. Evidently, the Labour party does not believe in individual responsibility and agency. Instead of treating people equally, it believes in cultural relativism. This time the Justice Secretary has nobody else to blame but herself. Will she change that or is there two-tier justice? Is that the Labour party’s policy now?

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[Alistair Strathern (Hitchin) (Lab)]

rose—

[Mr Speaker]

Following his engagement, I call Alistair Strathern.

[Alistair Strathern]

Thank you, Mr Speaker—that is very kind. In less encouraging news, far too many retailers across my towns and villages, including my local Morrisons, are being hit by repeated shoplifting, which is all too often driven by prolific offenders and criminal gangs. How is the Secretary of State working with the Home Office to ensure that we are finally taking the scourge of shoplifting as seriously as we should?

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[Caroline Voaden (South Devon) (LD)]

rose—

[Mr Speaker]

Are we really sure that this question is linked to young people in Staffordshire committing crime?

[Caroline Voaden]

It might not be about Staffordshire, but we also have young people in Devon. We have a case in my constituency of a young offender who has been arrested multiple times and put under a court order, but the presumption is against incarceration because of his age. Local residents tell me that there is a disaster waiting to happen—

[Mr Speaker]

Order. The hon. Member is not linking her question to the original, so we are going to move on.

[Dr Jeevun Sandher (Loughborough) (Lab)]

5. What steps her Department is taking to help reduce levels of reoffending among young people.

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[Shabana Mahmood]

We were transparent with the House about the problems with tagging during the second tranche of emergency releases last year. I will ensure that we publish the correct information, and I can write to the hon. Lady with the exact figures, but we have been holding Serco to account, because its performance on its contract has been unacceptable. We have levied fines, and we have said that all options are on the table for any further action that we might need to take.

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

One of the dying acts of the last Conservative Government was to shake hands with Serco on an electronic tagging contract that Channel 4’s “Dispatches” found was completely inadequate. People with serious convictions were left without tags for days and weeks. Victims and survivors were failed, including survivors of those released early under the SDS40 scheme. What will the Secretary of State do to hold Serco to account for these failures, and to clear up the mess that was fundamentally created by the failures of the last Government?

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[Sir Nicholas Dakin]

There is an ongoing audit of all the review’s recommendations. Our thoughts remain with our brave prison officers who were attacked, and with the victims of the Manchester Arena bombing and their families, who are understandably concerned by the shocking events in HMP Frankland. My right hon. Friend the Lord Chancellor took immediate action to set a review in place.

[Mr Speaker]

I call the shadow Minister.

[Jack Rankin (Windsor) (Con)]

Personal protective equipment is now worn in all kinds of jobs where people may have to deal with dangerous situations. As Professor Acheson has said, it is

“staggering that frontline police staff working in conditions of far greater peril…are not issued with stab vests capable of stopping an attack with a bladed weapon.”

We should all be ensuring that our prison officers come home safe to their loved ones. Unions have called for this measure, and I can assure the Minister that they have the full support of those on the Opposition side of the House. Will he act—not in two months or six months, but now—to protect prison officers before it is too late?

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[Sir Nicholas Dakin]

The hon. Gentleman urges us to get on with it. By my reckoning, the Conservative party had 14 years to get on with it. We are getting on with it. We set up the snap review straightaway. [Interruption.] “It’s not party political,” he says. Well, people might judge that for themselves by listening to the sort of questioning we have had today.

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

Key agents of reform in our prisons are prison officers. Unlocked Graduates is an amazing scheme that supports the production of prison officers with new innovations, but it has had the rug pulled from underneath its feet, beyond its current cohort. There are mixed accounts of what has happened from different civil servants and other individuals in government. Will the Minister explain exactly what has happened? Why has the contract not worked? Will he sit down with me and Unlocked Graduates to see if we can find a way forward?

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[Shabana Mahmood]

I must caution Conservatives Members against groaning. I appreciate that they might not be proud of their record—I would not be if that was the record I had left behind after leaving government—but groaning shows the contempt in which they hold the public, who have had to suffer the consequences of a truly dire Conservative party legacy. My hon. Friend is right that technology can—and we hope will—provide better solutions to the management and supervision of offenders in the community. I look forward to the sentencing review’s findings in that regard.

[Mr Speaker]

I call the shadow Secretary of State.

[Robert Jenrick (Newark) (Con)]

I support the Lord Chancellor’s decision to commission a full statutory inquiry into the terrible attack in Nottingham. I know it will be welcomed by the families and everyone in the city and across my home county of Nottinghamshire. I fully support her welcome decision.

Greg Ó Ceallaigh is a serving immigration judge who decides asylum and deportation appeals. It took nothing more than a basic Google search to uncover his past comments that the Conservative party should be treated the same way as Nazis and cancer. As a sitting judge, he has publicly supported Labour’s plans to scrap the Rwanda scheme and for illegal entry into the United Kingdom to be decriminalised. Does the Lord Chancellor believe this is compatible with judicial impartiality? If not, what does she intend to do about it?

[Shabana Mahmood]

First, I thank the right hon. Gentleman for his remarks on the new Nottingham inquiry—I am very grateful for his support. I am sure the whole House will want to see the inquiry come to a conclusion as quickly as possible.

I say to the right hon. Gentleman that when people have a complaint to make about judges, they can do so via the well-placed mechanism of the judicial complaints office. If he wishes to make a complaint, he can do so, but what I will not do is indulge in, effectively, the doxing of judges, especially not when they are simply doing their job of applying the law in the cases that appear before them. If there are complaints to be made about judicial conduct, I am sure the shadow Lord Chancellor knows how to go about it.

[Mr Speaker]

Order. Can I just say that we must be careful about what we do here? We are not meant to criticise judges, and I know that this House would not do so. I am sure that we will now change the topic.

[Robert Jenrick]

Mr Speaker, it is important that judges and the manner in which they are appointed are properly scrutinised in this House, and I will not shy away from doing so. Helen Pitcher was forced to resign in disgrace as the chair of the Criminal Cases Review Commission after a formal panel found that she had failed in her duties during one of the worst miscarriages of justice in recent memory. But she is still in charge of judicial appointments, despite judges appearing in the media every week for their activism. Her commission has failed to conduct the most basic checks on potential judges, either out of sheer incompetence, or out of sympathy with their hard-left views on open borders. The commission is broken and is bringing the independence of the judiciary into disrepute. How much longer will it take for the Justice Secretary to act and remove the chair of this commission from her position and defend the independence and reputation of the judiciary?

[Shabana Mahmood]

I am afraid that the shadow Chancellor cannot elide the process for the appointment of judges with a wider attack on the independence of the judiciary. I hope that he will take the admonishment from you, Mr Speaker, and the clear disapprobation of this House to reflect on the way that he is approaching his role. If there are complaints to be made about judicial conduct, there is already a robust process in place for doing so. If the shadow Lord Chancellor wishes to avail himself of that, I am sure that, given how active he is, he will be happy to do so. What is completely improper is to take his position in this House to indulge in a wider attack of the judiciary at a time when we know that judicial security has been compromised—

[Mr Speaker]

Order. This is the time for topical questions, and we have other Members to get in. Tensions are running high, so let us calm everyone down with a question from Warinder Juss.

[Warinder Juss (Wolverhampton West) (Lab)]

T6. On a recent visit to Featherstone Prison near Wolverhampton, I came across a number of recalled prisoners who were there for minor technical breaches of their probation—sometimes for up to a year. Can the Secretary of State please outline what data is collected on the reasons for prison recalls and how that data then informs policy decisions aimed at reducing unnecessary returns to custody?

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[Alex Davies-Jones]

If any crime is committed, or even alleged to have been committed, it should be reported to the police in the first instance. Victims have rights under the victims code. We have recently done a campaign to advertise the code to create awareness of it, and we will soon consult on the code so that it reaches all potential victims of crime more broadly.

[Mr Speaker]

I call the Chair of the Justice Committee.