Prison Capacity: Annual Statement

Debate between Nick Timothy and Jake Richards

Thursday 29th January 2026 Commons Chamber

[Jake Richards]

indicated dissent.

[Nick Timothy]

That is true. But I agree that those numbers remain too low, because we should be deporting all the foreign criminals in our prisons. Can the Minister confirm that that is also his aim, and can he tell us how he will stop the European convention on human rights getting in the way? The Opposition are clear that we will leave the ECHR. Will he condemn the actions of his boss, the Justice Secretary, who in opposition actively campaigned against the deportation of foreign rapists?

Finally, I want to ask the Minister a question of principle. He told a journalist this week:

“a pretty big chunk of the overall population… shouldn’t be in prison”.

His colleague Lord Timpson says that only a third of prisoners should be locked up. These are my most important questions, and the Minister needs to answer them clearly: is it true that only a third of prisoners should definitely be behind bars, and will he say very clearly that he agrees with me that prison works?

[Jake Richards]

I welcome the new shadow Justice Secretary to his place; I hope he can do a better job than his predecessor. Let me deal with his last question first. If he had read what I said in that interview carefully, he would know that I was talking about the Youth Custody Service; I was not talking about the adult estate. I urge him to go back and read that interview and perhaps come to the House to correct the record.

On the issue of whether prison works, prison can work. I was abundantly clear in the statement that at the end of this Parliament, under this Labour Government, there will be more criminals in prison than ever before, so prison can work. But I gently urge the shadow Justice Secretary to delve a little deeper and look at short-term sentences, for example. Is it the Conservatives’ position today, which it was not by the end of their time in government, that short-term sentences should not be reformed at all? It was proposed in legislation put forward by the Conservative Government in their final year in office that never saw the light of day because of the general election to make exactly the same changes we are making now—but now they oppose it. I am afraid that the Conservative position on sentencing is all over the place.

When it comes to prison building, the Conservatives expect to get some praise for panicking in their last year of government, realising that they had not done anything for 13 years, that they had underfunded prisons and that places were not keeping up with demand, so they started doing something about it. But none of those places was delivered under a Conservative Government. Unless I am hallucinating, I have been to these sites— I opened them; I put the shovel in the ground. It is a Labour Government who are delivering where the Tories completely failed.

On foreign national offenders, I do not accept the figures that the hon. Gentleman set out today. Foreign national offender deportations are up under the Labour Government. Through the Sentencing Act 2026, which the Conservatives opposed, we are making it far easier to deport foreign national offenders.

The Conservative Opposition have a real problem. They oppose every single step this Government are taking to solve the crisis they created, and then they step up and moan about it. They should support us. We are getting on with the job—we are reforming sentencing, building prison places and making sure the prison system is fit for the future. They should support us, rather than moaning from the sidelines.