Reoffending
(York Central)
(Lab/Co-op)
1. What steps he is taking to ensure that people leaving prison
are provided with support to help prevent reoffending.
(Sedgefield) (Con)
16. What steps he is taking to help reduce reoffending.
(Barrow and Furness) (Con)
17. What steps his Department is taking to help reduce rates of
reoffending by people released from prison.
The Lord Chancellor and Secretary of State for Justice ()
Since 2010, crime has fallen and so has reoffending, with the
overall proven rate of reoffending down from over 31% in 2011-12
to 25% in 2021-22. That means that fewer innocent members of the
public are suffering from the misery of falling victim to crime.
We have gone further, building up initiatives including a new
prison education service, expanded access to incentivised
substance-free living wings for drug recovery, and the
groundbreaking guarantee of 12 weeks’ post-release accommodation
to secure that essential period of stability for offenders to
turn their lives around.
With the reoffending rate at over 25%, rising to nearly 50% for
burglary, reoffending is costing the country £18 billion a year
and the service is failing to keep us safe. If just a small
fraction of that cost were invested in probation staff to address
the problems caused by 50,000 days lost through sickness and
2,000 people leaving each year, it could be transformative. Will
the Justice Secretary back Operation Protect, the campaign
spearheaded by the justice unions, and ensure that there is a
comprehensive workforce plan to recruit, retain and return the
staff needed to prevent reoffending?
The hon. Lady is right. We want to drive the offending rate down,
and it is good news that it is down from about 31% in 2010 to 25%
now, but we do believe in investing in probation. That is why the
baseline is up by £155 million, and it is why we have added 4,000
trainees since 2020. Since the reunification of probation
services, the number has risen by 17%. Probation officers keep
society safe, and we will back them all the way.
I recently raised the issue of social media use in prison,
allegedly by one of those responsible for the murder of Jack
Woodley, the son of my constituent Zoey McGill. We have a local
campaign against knife crime, and at the latest working group
meeting we discussed deterrents. Zoey would like to understand
what consequences were suffered by this individual for the posts
that he sent, but also why he should be wearing a designer
T-shirt and apparently leading a cushy life. Prison needs to be
seen as a deterrent, but if inmates are having it easy with
designer wear and no consequences, how is that a deterrent? May I
ask the Secretary of State what is being done to address this,
and to make prison the deterrent that it should be?
I know that the whole House will want to send its deepest
sympathies to Zoey McGill following the shocking murder of her
son in 2021. It was a dreadful crime, of which 10 men were
convicted and for which they received life sentences. The use of
social media in prisons is not acceptable, and this content was
removed from the social media platform. We have been investing
£100 million in prison security and new technology, including
X-ray scanners to tackle the smuggling of contraband mobile
phones. Those who are caught can face loss of privileges, more
time in custody, and even a referral to the police and the Crown
Prosecution Service for consideration of further charges.
Last year I was grateful for the Government’s support for my
private Member’s Bill to limit Friday releases for vulnerable
prisoners. It is an important measure and is now an Act, but it
is only one of the measures that we should be taking to reduce
reoffending and help people get back on their feet when they
leave prison. The excellent charity Switchback has suggested
that, at the very minimum, people should be leaving prison with
access to ID and an internet-enabled mobile phone just to get
their lives in order so that they can access universal credit and
other services. What consideration has my right hon. and learned
Friend given to those suggestions?
I pay tribute to my hon. Friend for his excellent work in
successfully championing the limit on Friday prison releases. The
changes for which he called came into force last November and are
exceptionally helpful, and he deserves great credit for that. He
is also right to point to the brilliant work of Switchback, which
has supported our resettlement work. That work includes the
roll-out of 12 weeks’ guaranteed accommodation and the
introduction of resettlement passports, which contain precisely
the basic information to which my hon. Friend referred, such as a
prisoner’s name, date of birth, national insurance number and
release date. They help prisoners to access essential services
such as housing and healthcare, and contribute to the driving
down of reoffending, which, as was recognised by the hon. Member
for York Central (), is significantly lower
than it was in 2010.
(Hammersmith) (Lab)
The wife of a remand prisoner at Wormwood Scrubs wrote to me
recently to say that the prison is so cold that prisoners are
shaking, that they have to choose between work, social time and
showering, and that the food is lacking in basic nutrition. I can
explore these matters with the Prisons Minister in a couple of
weeks’ time during our joint visit to the Scrubs, but does the
Secretary of State agree that such conditions are not conducive
to rehabilitation?
This is an important point. We do deprive people of liberty and
sometimes we have to do so in the case of those on remand, but
the conditions must be safe, decent and humane—austere, yes, but
humane as well. I commend the hon. Gentleman for going to see the
Scrubs with the Prisons Minister, my right hon. Friend the Member
for Charnwood (), and I shall be very
interested to hear his views thereafter.
Mr Speaker
I call shadow Minister .
(Brentford and Isleworth)
(Lab)
We need to tackle the revolving door of reoffending in our
justice system, yet the reoffending rate, as a proportion of
those leaving prison, continues to rise. Whatever the Secretary
of State may say, I have heard time and again that the lack of
secure housing, adequate and appropriate healthcare, education,
job training and job support means that prisoners are being left
to fail after they are released. It is the victims of crime who
suffer when ex-prisoners reoffend. Can the Secretary of State
announce when the Government expect the reoffending rate to go
down?
It is important to note that reoffending is down compared with
under the last Labour Government. The hon. Lady shakes her head,
but one can dispute opinions in this House, but not facts. The
reoffending rate in 2010 was around 31%; it is 25% now. That
means fewer people falling victim to crime.
The hon. Lady refers to accommodation, and she is right to do so.
What she did not advert to is this Government’s decision to
provide 12 weeks’ guaranteed accommodation, which did not happen
under a Labour Government. When I went to Luton and Dunstable, I
spoke to a probation officer who has done the job for 30 years,
and do you know what he said? It is the single most effective
measure to drive down reoffending. Who did that? Not the Labour
party, but us.
Dangerous Offenders: Increased Sentences
(Amber Valley) (Con)
2. What steps he is taking to increase sentences for dangerous
offenders.
The Parliamentary Under-Secretary of State for Justice ()
Measures in the Sentencing Bill will ensure that those who commit
the worst crimes will receive the most severe punishment. The
Bill creates a duty for the court to impose a whole life order
for murders currently subject to a whole life order starting
point and for those that involve sexual or sadistic conduct,
unless there are exceptional circumstances. The Bill will also
ensure that convicted rapists must serve 100% of their custodial
term in prison, followed by a licence period.
I thank the Minister for his answer and welcome those measures.
The two worst cases I have had to deal with as an MP was where
women were brutally murdered by a partner or ex-partner. What are
the Government going to do in response to the Clare Wade review
to increase sentences for people who commit those awful, vile
offences?
My hon. Friend is quite right to raise the issue of domestic
homicide. We are determined to act to protect the victims of
domestic abuse and ensure that the appropriate punishments are in
place for perpetrators. That is why, following Clare Wade KC’s
review, we are increasing sentences by introducing statutory
aggravating factors for murders that are preceded by controlling
or coercive behaviour, involve overkill, or are connected with
the end of a relationship.
Mr (East Londonderry)
(DUP)
Does the Minister agree that wider society’s confidence in the
judicial system is often determined by how dangerous offenders
are treated? Does he agree that it is vital that we get the
message out there, both to wider society and to potential
offenders, that there is the ultimate price to pay, which is a
long sentence in prison for criminal offences such as these?
I thank the hon. Gentleman for his question. I agree with those
sentiments entirely.
Public Bodies: Legal Duty of Candour
(Leeds East) (Lab)
3. With reference to his oral statement of 6 December 2023 on
Hillsborough: Bishop James Jones Report, Official Report, column
341, if he will bring forward legislative proposals to introduce
a legal duty of candour on public bodies.
The Lord Chancellor and Secretary of State for Justice ()
In his excellent report, “The patronising disposition of
unaccountable power”, Bishop James Jones called for the creation
of the Hillsborough charter for bereaved families, as well as for
the imposition of a duty of candour on police officers. We agree
wholeheartedly, which is why the Government have signed the
charter alongside the Crown Prosecution Service, the National
Police Chiefs’ Council and others, and imposed a duty of candour
on the police. We are also legislating to create a strong,
permanent and independent public advocate to speak up for victims
and their families, and to rigorously hold signatories to the
charter to account. We stand ready to discuss what further steps
may be necessary.
The parents of Zane Gbangbola are in the Public Gallery today.
Zane was just seven when he died, following floods 10 years ago
this month. The fire brigade detected hydrogen cyanide multiple
times. His parents, Kye and Nicole, have been fighting for the
truth about their son’s death ever since, and a duty of candour
would have helped them to get it. In lieu of that, will the
Government establish an independent panel inquiry with full
disclosure, so that all the evidence can be reviewed by experts,
we can finally get the truth about what happened to an innocent
seven-year-old boy, and justice can be done?
I am grateful to the hon. Gentleman for raising this deeply
upsetting case, and I know the whole House will be thinking of
Kye and Nicole as they continue to mourn the loss of Zane. The
hon. Gentleman raises a critically important case. May I suggest
that he and I discuss it and see what further steps can properly
be taken in this difficult case?
Mr Speaker
I call shadow Minister .
(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?
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.
Horizon System: Exoneration of Sub-postmasters
(Dudley North) (Con)
4. What steps he is taking to exonerate sub-postmasters who were
prosecuted due to errors in the Post Office Horizon system.
(Paisley and Renfrewshire
North) (SNP)
7. What steps he is taking with Cabinet colleagues to exonerate
sub-postmasters who were convicted due to errors in the Post
Office Horizon system.
(East Renfrewshire)
(SNP)
10. What steps he is taking with Cabinet colleagues to exonerate
sub-postmasters who were convicted due to errors in the Post
Office Horizon system.
The Lord Chancellor and Secretary of State for Justice ()
In September 2020, a public inquiry was set up into the failings
associated with the Post Office Horizon IT system and it is
expected to report back later this year. In addition, over £160
million has already been paid out in compensation across three
schemes.
However, in its December 2023 letter, the independent Horizon
compensation advisory board expressed concern that the pace of
exonerations was too slow, not least because evidence had been
lost and many were simply too traumatised to come forward. That
is why the Prime Minister has decided to bring forward
legislation to quash the relevant convictions, and the Department
for Business and Trade will be announcing details shortly. These
wholly exceptional circumstances have led to this wholly
exceptional course.
While I welcome the Government’s commitment to quash the wrongful
convictions of sub-postmasters caught up in the Horizon scandal,
I also recognise that this is a complex area of law that could
even raise constitutional issues. Given that some sub-postmasters
have been suffering for an extremely long time, does my right
hon. and learned Friend agree that any legislation should deal
with these issues swiftly and avoid any further delays?
I thank my hon. Friend for the careful and thoughtful way in
which he addresses this significant issue. The judiciary and
courts have dealt swiftly with the cases before them, but the
scale and circumstances of the prosecution failure mean that this
demands an unprecedented response, and that is why the Prime
Minister announced this major step forward in response to the
Horizon scandal. We are keen to ensure that the legislation
achieves its goal of bringing prompt justice to all those who
were wrongfully convicted, followed by rapid financial redress.
It is not right that wholly innocent people could potentially go
to their graves with the mark and stigma of a conviction hanging
over them.
Every day we hear further revelations about the Post Office, and
today’s shocking—well, it should be shocking—BBC story states
that the 2016 Swift review noted that the Post Office had always
known about the balancing transaction capability of Horizon and
that the Government knew in 2016 that a Deloitte investigation
into all Horizon transactions was under way and that this
investigation was suddenly halted after sub-postmasters began
legal action. Will the Secretary of State confirm whether the
Ministry of Justice was aware of this, and does he believe that
that apparent non-disclosure to the inquiry is a threat to
judicial freedom and independence?
In 2020—coming up to four years ago now—an independent inquiry
was set up under Mr Justice Wyn Williams. That is expected to
report later this year, and it will go into properly exhaustive
details about who knew what and when. We are absolutely clear
that there has been an egregious failure of prosecution
conduct—frankly, one that brings shame on those involved—and it
is absolutely right that that inquiry should get to the bottom of
what took place and who knew what and when.
The current chief executive of the Post Office said in evidence
to the Business and Trade Committee last month that, despite
various audits and investigations, we still do not know the full
scope of the money overclaimed through Horizon, or where it went.
Even the auditors are unable to give a firm figure. Postmasters
such as my constituent Roger have suffered incredible stress and
worry as well as significant financial loss, but the prospect of
getting to the truth on these figures still seems far off.
Will the Secretary of State commit to working with the Secretary
of State for Business and Trade and set out a timetable for
updating the House on how much the Post Office took and what it
did with the money, so that constituents like mine can start to
get the answers and the justice that they deserve?
My heart goes out to Roger and people like him. I have
constituents who are affected, as I am sure everyone in this
House does. We are a fair-minded nation, which is why it strikes
us to the core. The hon. Lady asks me to liaise with the
Department for Business and Trade. Of course the MOJ will do
everything it properly can, but DBT is leading on this. It is
also worth reflecting that £160 million has already been paid out
across the three schemes, and there is a very important, swift
and robust approach of paying £600,000 to those who have their
convictions quashed. That is the right approach. It is
exceptional, but these are exceptional circumstances.
Mr Speaker
I call the Chair of the Justice Committee.
(Bromley and Chislehurst)
(Con)
My right hon. and learned Friend will know that, only last week,
the Court of Appeal criminal division, presided over by the Lady
Chief Justice, quashed in bulk a number of Horizon appeals, on
the basis of a half-hour hearing. When the cases get to court,
the courts can deal with them swiftly.
Does my right hon. and learned Friend agree that in framing any
legislation, because of the constitutional implications, it is
important that we bear in mind that the failures are the failure
of a prosecutor to do their duty, or perhaps the failure of the
state to come to the aid of victims, but they are not the failure
of the courts, which always acted entirely properly on the
material put before them by the parties at the time? It was a
failure of the parties, not of the courts.
As always, my hon. Friend gets to the heart of it. This was a
failure of the Post Office, which is an emanation of the state,
and it is the duty of the state to put it right. The courts have
approached this entirely properly. The Post Office failed to
discharge the solemn obligations on any prosecutor to act fairly
and to comply with their obligations under section 3 of the
Criminal Procedure and Investigations Act 1996 to disclose
material that might reasonably be considered capable of
undermining the case of the prosecution, or of assisting the case
of the defence. When I was prosecuting, the first rule was that
we did not seek a conviction at all costs, which is an important
principle that the Post Office failed to appreciate.
Mr Speaker
I call the SNP spokesperson.
(Glasgow South West)
(SNP)
Whistleblowers have come forward to provide information that
Fujitsu was given an additional contract by the Post Office in
2013 to re-platform transaction data that was previously held on
an external storage system that was considered to be the gold
standard. It was replaced by a system that made it virtually
impossible to investigate financial transactions in a forensic
audit. Does the Justice Secretary share our concern that this
decision effectively destroyed evidence, preventing exactly the
sort of audit trail that would exonerate those sub-postmasters
who were convicted?
The Department for Business and Trade is better placed to answer
those specific points, but I would say two things. First, as a
matter of sacred principle, if material comes into a prosecutor’s
possession that might be considered capable of undermining the
case of the prosecution, that material should be disclosed to the
defence. That is one of the things that has been considered by
Sir Wyn Williams’s inquiry. What did the Post Office know, when
did it know it, and what did it do with the material before it?
Across the House, we want to get to the bottom of those
questions.
Community Payback Pilots
(Mid Bedfordshire)
(Lab)
5. What assessment he has made of the effectiveness of the rapid
deployment community payback pilots.
The Minister of State, Ministry of Justice ()
It is a pleasure to respond to my first question from the hon.
Gentleman since his election.
As part of the Government’s antisocial behaviour action plan,
community payback teams are working in partnership with 11 local
authorities to rapidly clean up antisocial behaviour in the
community. The pilots started in July 2023, and we are in the
process of analysing the outcomes. Initial observations point to
the pilots having been successful, with thousands of hours of
reparative work being done by hundreds of people on probation
within 48 hours of local authority notification, allowing the
public to see justice done.
These rapid-deployment community payback scheme pilots were
supposed to pave the way for the accelerated roll-out of exactly
the kind of swift, transparent restorative justice that victims
of crime in my constituency are desperate to see. Unfortunately,
I understand that, of a planned 20,000 hours of work, only 2,000
hours have been delivered by the pilots. Can the Minister reveal
whether that is the case? If so, what can be learned from the
clear barriers to success?
I am grateful to the hon. Gentleman, but the clue is in the word
“pilot.” These pilots were carried out in 11 areas, over three
months, in the run-up to Christmas, and 175 people completed
around 2,000 hours of unpaid work. We are analysing the outcome
of those pilots and, based on what that analysis says, I look
forward to exploring how we can roll this out more widely across
the country.
Time Spent in Cells: Reoffending Rates
(St Helens South and Whiston)
(Lab)
6. What assessment he has made of the potential impact of the
length of time that prisoners spend in their cells on reoffending
rates.
(Putney) (Lab)
12. What assessment he has made of the potential impact of the
length of time that prisoners spend in their cells on reoffending
rates.
The Minister of State, Ministry of Justice ()
We know that activities such as education and training can help
to give prisoners skills that they need to get a job on release,
thus reducing the likelihood of reoffending. That is why we
launched our new national regime model for prisoners last month.
It sets out core expectations for regime delivery, so that
prisons are getting the most out of the working day and aiding
the rehabilitation of prisoners. Of course, we are also seeing
improved staffing numbers to facilitate those regimes.
Ms Rimmer
Reoffending costs £18 billion a year, but there is not just the
financial cost but the impact on society in general, as well as
on the individual. Some young prisoners are still getting only
one hour out of their cells, so there is no time for
rehabilitation—they can perhaps do a little exercise, but that is
not the same. How confident is the Minister that all young
prisoners will get the re-education that he has outlined? When
does he think all young prisoners—if these people have to be in
prison—will get proper rehabilitation and the support they need
when they come out of prison to get a home, to have somewhere to
stay and to go into further training? Will he please give me some
reassurance that better times are coming, not just for young
offenders but for society as a whole?
I am grateful to the hon. Lady for that. As she knows, I have a
huge amount of respect for her, and she raises a hugely important
point. We have heard from the Lord Chancellor that reoffending
rates have come down from 31% to 25% since 2010. So we are making
progress, but we want to drive them down further. She also
rightly highlights the importance of purposeful activity leading
to the opportunity on release for employment, accommodation and
so on. That is central to the opportunity for prisoners to
rehabilitate themselves.
We have seen significant progress made in our youth estate. The
hon. Lady talked about young prisoners and rightly said that we
need to go further, but we believe the national regime model that
we launched in January will go a long way to doing that. The
additional staff we have recruited into His Majesty’s Prison and
Probation Service are central to doing that, as they enable that
regime to be put in place. However, she is absolutely right to
highlight this issue.
I welcome the Minister’s acknow-ledgement that more education in
prisons means cutting the reoffending rate and that clear link to
crime. I welcome the national regime model and will be interested
to see how it plays out, because I have seen chronic staff
shortages and sickness absence, in particular at prisons such as
HMP Wandsworth, which I have visited. Those things mean that
prisoners are entirely missing out on any education, training and
working opportunities. When will I be able to go back to HMP
Wandsworth and see the increase in staff and retention that is
needed there? When will the Government get a grip on the prison
officer recruitment and retention crisis?
Again, I have a lot of respect for the hon. Lady, but I am afraid
that what she is suggesting does not entirely reflect the facts.
If we compare the figures for 2023 and 2022 for band 3 to 5
prison officers, we see that there are over 1,400 more now, which
is an increase of 6.7%. In HMPPS, sick rates are down in the past
year, when just over 12,500 people joined and 7,500 left—again,
that reflects an increase. We are investing in our prison
officers and increasing their number, and that is being reflected
in retention. I pay tribute to them for the work they do; we
should be talking them up, not down.
(Aylesbury) (Con)
I am encouraged by my right hon. Friend’s comments about the
number of additional prison officers recruited. I have seen many
of them and the fantastic work they do, both at HMP Aylesbury and
across the prison estate. Will he say a little more about how we
can ensure that we retain them once they have been trained and
they go on to the wings? This is an incredibly important
career—it is key to reducing reoffending—and prison officers
deserve credit and the support of everybody in this House.
I am grateful to my hon. Friend for that. He is absolutely right
about the importance of not just recruiting new prison officers,
but retaining experienced ones in our prisons. That is why the
pay deal done last year with HMPPS staff was hugely important, in
recognising the important work that prison officers do day in,
day out. It is also reflected in the fact that the leaving rate
for prison officers is down in 2023 from where it was in 2022.
However, there is more to do and we will continue to do it.
Mr Speaker
I call the shadow Justice Secretary.
(Birmingham, Ladywood)
(Lab)
Prisoners are spending up to 23 hours a day locked up in their
cells as a direct result of overcrowding and the prisons capacity
crisis caused by this Government. However, I hear congratulations
are in order following an announcement last month, not on the
Government actually delivering any of the new prisons they have
promised or on even getting spades in the ground, but on their
submitting yet another planning application for the
Leicestershire prison that the Secretary of State for Levelling
Up, Housing and Communities has already ruled on once. Is not
about time that the Minister renamed the new prisons programme
the no prisons programme?
For a moment I thought the shadow Justice Secretary was referring
to her own party’s record when in government—7,500 prison places
in three Titan prisons that failed to be built, whereas we are
committed to building six new modern prisons. Two have been
built, one is being built at the moment and two have planning
permission.
While prisoners are serving their sentence, they are not being
allowed to leave their cell, but ironically the Government are
also releasing some of them early. Despite a multitude of
letters, questions and even a point-blank request from the
Justice Committee, the Government are refusing to tell us how
many prisoners are being released early and from where. The
public and Parliament have a right to know, so will the Minister
finally come clean on how the early release scheme has been used
so far? If not, can he tell the House what he has to hide?
As the shadow Justice Secretary will know, my right hon. and
learned Friend the Lord Chancellor has made clear that in line
with other statistics, for example death in custody statistics,
we will publish those figures on an annual basis.
(North Wiltshire) (Con)
I am sure my right hon. Friend will agree with me that the
rehabilitation of offenders can be greatly assisted by activity
and work outdoors, in particular on farms and at horticultural
establishments. Will the Minister reassure me that he is
committed to increasing the quantity of work available outdoors
and let me know what has happened to the prison estates in recent
years?
My hon. Friend is right to highlight the importance of a range of
purposeful activity for those in prison, from skilled industrial
work in workshops to outside work. A good example mentioned
recently on “ITV Racing”, of all things, was about getting
farriers and those working in the equine world into prisons—the
example was a prison in Solihull—to teach prisoners about job
opportunities in the equine world. There are a range of
opportunities out there, and it is important that they are
available to those in our custody.
Crown Court Backlog
(Blaenau Gwent) (Lab)
8. What progress his Department has made on reducing the backlog
of cases in the Crown court.
The Parliamentary Under-Secretary of State for Justice ()
We remain committed to reducing the Crown court outstanding case
load and have introduced a range of measures to achieve the same.
We funded over 100,000 sitting days last year and plan to deliver
the same again this year. We have recruited over 1,000 judges
over all jurisdictions and plan to do the same again this year.
Thanks to the intervention of the Lord Chancellor, we have
secured £220 million for essential modernisation repair work over
the next two years. As well as retaining Nightingale courts, the
investments will also see 58 new courtrooms.
The fact is that the Crown courts how have a backlog of over
65,000 cases. If that is not bad enough, experts say the courts’
capacity to deal with processing cases will not keep pace with
demand. Does the Minister agree that that leads to too many
victims unfortunately giving up on our justice system?
No, I do not accept that that means we are giving up on the
system. The Government continue to invest in every single lever
that we can pull to increase capacity in our criminal justice
system. Given the additional work that the judiciary is doing,
the disposal rate in our Crown courts is up and we are seeing
record levels of disposals, so we will start to see the criminal
justice system heal, because we are still recovering from covid
and the Criminal Bar Association strike.
Mr Speaker
I call the shadow Minister.
(Stockton North) (Lab)
Rape and serious sexual assault cases have increased to 10.3% of
all Crown court cases and, with nearly 10,000 of them, they make
up one in seven of the backlog. The average wait time for a trial
after charge has risen to 18 months. We also know from the
Criminal Bar Association that there has been a tenfold increase
in adjourned cases due to the fall in the number of rape and
serious sexual offence prosecution or defence barristers, with
the Crown Prosecution Service now employing King’s counsel to
fill the gap. Add to that the many legal aid deserts due to the
shortage of solicitors and we have a major staffing crisis across
the criminal justice system. How is that going to be fixed?
First, the figure that the hon. Gentleman quoted for the average
time for a RASSO case is simply not true. The Government have
continued to invest in ensuring that RASSO cases are brought
forward. Listing is a matter for the judiciary, and they take
great care to ensure that vulnerable victims are dealt with
expeditiously. In addition, we continue to invest in the legal
aid system. The Lord Chancellor recently increased the fees to
ensure that there are people able to perform RASSO cases and
section 28 video recording. On top of that, we continue to engage
with the criminal legal aid review to see how we can continue to
invest in and incentivise criminal defence barristers in the
right parts of the system.
Victims of Crime: Support
(Eastbourne) (Con)
9. What steps his Department is taking through the criminal
justice system to support victims of crime.
The Lord Chancellor and Secretary of State for Justice ()
Since 2010, we have ramped up support for victims in three main
ways. First, we have driven down reoffending from around 31% to
25%, so that fewer people suffer the misery of becoming a victim
of crime in the first place. Secondly, we have created new
offences such as stalking, coercive and controlling behaviour,
revenge pornography, upskirting and non-fatal strangulation, so
that those who betray trust and shatter lives can be held to
account. Thirdly, we have quadrupled victim funding, enabling
massive investment in resources such as independent domestic
violence advisers, which are up from barely existing in 2010 to
more than 900 today, and we will go further with the
groundbreaking Victims and Prisoners Bill as well.
I thank my right hon. and learned Friend for all the sterling
work that he has just outlined, which is making such a huge
difference to victims everywhere. I wish to talk about a case
that was raised with me at an advice surgery. After seeing an
advert on the tube, my constituent—a man of very good
standing—invested in what turned out to be a fraudulent company
to the tune of £93,000. He was clearly a victim of crime and,
mercifully, his bank reimbursed his life savings after some
challenge. He did get financial restitution, but the whole
experience had wider, devastating impacts. Those behind the
company were registered in Serbia and, to the best of our
knowledge, have never been brought to justice. As my constituent
did not go through the full criminal justice system, may I ask
how victims such as he can be supported in cases like this?
I thank my hon. Friend for raising her constituent’s case. Fraud
is a pernicious, cruel crime and it can have an appalling impact,
as I know from my own experience of prosecuting for the Serious
Fraud Office. To support victims in recovering lost funds, the
Financial Services and Markets Act 2023 gives the Payment Systems
Regulator further power to mandate reimbursement where needed,
and I am glad that that took place in this case. But to bring
wrongdoers to justice, prosecutors, including the CPS, the
Financial Conduct Authority and the SFO, regularly co-operate
with their international counterparts to make arrests and secure
evidence overseas so that, in appropriate cases, defendants can
be extradited to face trial in the UK. The other critical point
is that the victims code has been expanded, so that people such
as her constituent can get the support they need. I would invite
him, perhaps through the hon. Lady’s good offices, to look at the
support that is available online.
(Huddersfield)
(Lab/Co-op)
Is the Secretary of State aware of a new crime that is spreading
throughout the north of England, including in your constituency,
Mr Speaker, and in mine? A group is preying on people who have
cavity wall insulation. Those people get themselves into the
legal process and find the expenses are so high that they have to
sell their home. It is an epidemic. It is also rather like the
Post Office scandal. This is an early warning of a major scandal.
Will the Secretary of State agree to look into this matter as it
is very important, especially in the north of England?
I thank the hon. Gentleman for raising that matter on the Floor
of the House. He will understand—I know that he well appreciates
this—that it is not for the Secretary of State to be ordering
investigations, but, plainly, the matters he raised are serious.
I invite the police and prosecutors to take all appropriate steps
to investigate it if that is what is required.
Joint Enterprise: Cost of Judicial Processes
(Liverpool, Riverside)
(Lab)
11. If he will make an estimate of the cost to the public purse
of judicial processes under joint enterprise relating to violent
crimes in each year since 2014.
The Parliamentary Under-Secretary of State for Justice ()
Although the Ministry of Justice collates statistics nationally
on the principal criminal offence for which a perpetrator is
prosecuted, convicted or sentenced, including data on their
ethnicity, it does not collate data on whether the crime that
they committed was part of joint enterprise, so unfortunately I
am unable to provide the information that the hon. Lady requests.
However, we are considering whether such data could be collected
as part of the common platform programme, which aims to provide a
single case management system that would enable the sharing of
such evidence and case information across the criminal justice
system.
I welcome that response, but the Minister will know that
Manchester Metropolitan University has recently carried out some
research into the cost of prosecuting under joint enterprise.
Some £250 million is spent processing joint enterprises cases,
and an extra £1.2 billion is spent incarcerating the just over
1,000 people who are convicted. Those are eye-watering amounts of
money, so does the Minister agree that we need to review the
doctrine of joint enterprise to ensure that only those who are
responsible for significant contribution to a crime are punished
for it?
There is a cost to justice. People who are found guilty of crime
based on the evidence presented to a court of law have been
sentenced, and there is a cost to their incarceration. Simply
put, the cost of incarcerating people is not a reason to review
the law.
Justice: Devolution of Responsibility
(Cynon Valley) (Lab)
15. If he will make an assessment of the potential merits of
devolving responsibility for justice to the Welsh Government.
The Parliamentary Under-Secretary of State for Justice ()
The Government are clear that it is in the best interests of the
people of Wales for justice to remain a reserved matter. The
current arrangement works well and allows Wales to benefit from
being part of a larger, world-renowned justice system. Devolving
justice to Wales would mean losing those benefits and would be
extremely expensive and complex, requiring the duplication of
functions.
Following the publication last month of the final report by the
independent commission on the constitutional future of Wales, the
First Minister of Wales confirmed unambiguously that it is the
policy of the Welsh Government, and indeed of the Welsh Labour
party, to support the devolution of the justice system. In
pursuing the devolution of the Probation Service, he said:
“We will have to explore…governance…financial arrangements”
and the interface between Welsh and English services. When will
the Minister meet the Counsel General for Wales to discuss the
devolution of justice?
If the representatives for the Welsh Government wish to meet me,
I am more than happy to explain why Wales being part of the
English and Welsh legal system remains the preferred option for
this Government. Why would Wales want to leave the most
successful legal services system in the world?
Rape Victims: Privacy Rights
(Cardiff North) (Lab)
18. What steps his Department is taking to protect the privacy
rights of rape victims in criminal justice processes.
(Newport West) (Lab)
19. What steps his Department is taking to protect the privacy
rights of rape victims in criminal justice processes.
The Parliamentary Under-Secretary of State for the Home
Department ()
It is paramount that victims come forward without fear that their
privacy will be violated. That is why we are taking steps,
through the Victims and Prisoners Bill, to create a statutory
restriction that limits police requests to third-party material
that is necessary and proportionate, and to inform victims of why
such material is being requested. The Government have also asked
the Law Commission to undertake a review on the use of evidence
in sexual offence prosecutions, and it is due to report later
this year.
My constituent had all her counselling records used against her
in a harrowing trial that she said was worse than the crime
itself. Will the Victims and Prisoners Bill be sufficiently
amended so that medical and social services records are not used
against victims in court, and family courts are not used to
perpetuate such abuse against the victim, particularly with the
use of the term “parental alienation”?
I am truly sorry to hear of what happened to the hon. Lady’s
constituent. I hope that I can reassure her by saying that new
regulations will be published under the Victims and Prisoners
Bill to create a code of practice setting out the principles that
the police should apply to all third-party requests, including
for counselling, therapy and medical notes. The police will be
required to complete a new request form that sets out the purpose
and impact of their request. The Crown Prosecution Service also
has a robust case file review process to ensure that guidance on
necessary and proportionate requests is complied with. The CPS
pre-trial therapy guidelines make it crystal clear that victims
must not delay therapy for criminal investigation and
prosecution.
Recently, I was able to visit the Gwent rape investigation unit
and see what an excellent job the police officers there are
doing. However, can the Minister explain why the Government
thought it was appropriate to boast about the so-called progress
on the rape review when the proportion of cases being charged has
halved since 2016, and the key adviser quit because of the lack
of drive to improve outcomes for victims?
I have also heard very good reports of the work that Gwent police
are doing, so I am glad to hear what the hon. Lady says. I must
push back very slightly on what has happened since we launched
the end-to-end rape review. We are prosecuting more rape cases
than we were in 2010. Conviction rates are higher, and
perpetrators are going to prison for almost 50% longer than they
were in 2010; the average sentence increased from six and a half
years to nine and a half years. I accept that the last
independent adviser to the rape review went, but last week we
announced the appointment of Professor Katrin Hohl, a legal
academic who pioneered Operation Soteria, which I think every
Member of this House agrees has transformed the way in which
police investigate and prosecute rape, and is leading to better
criminal justice outcomes for victims.
Non-disclosure Agreements
(Chesham and Amersham) (LD)
20. What discussions he has had with Cabinet colleagues on the
use of non-disclosure agreements in judicial processes.
The Parliamentary Under-Secretary of State for Justice ()
Non-disclosure agreements cannot prevent any disclosure that is
required or protected by law; nor can they preclude an individual
from asserting statutory rights. The courts and judiciary apply
the law in relation to NDAs as appropriate in individual cases
and, where necessary, determine whether or not they should be
enforceable.
Last year, the Legal Services Board stated that incidents of
misconduct by lawyers dealing with non-disclosure agreements were
a “cause for concern”, and that there was a strong case for a
strengthened and harmonised regulatory approach. Does the
Minister agree that there is a need for stronger regulation in
this area, and will he support the Bill tabled by my hon. Friend
the Member for Oxford West and Abingdon (), which would end the misuse of
non-disclosure agreements in the workplace?
I am more than happy to have a discussion with the hon. Lady, but
my understanding is that the Solicitors Regulation Authority has
already published a warning notice reminding solicitors and law
firms that potential professional misconduct by a person or a
firm should be reported to the regulator. If she believes that
there are still gaps in that warning notice, or that more needs
to be done, I am more than happy to have a meeting.
Topical Questions
Steve Double (St Austell and Newquay) (Con)
T1. If he will make a statement on his departmental
responsibilities.
The Lord Chancellor and Secretary of State for Justice ()
Since the last Justice questions, I have met with the families of
those killed by Valdo Calocane: Barnaby Webber, Grace
O’Malley-Kumar and Ian Coates. They deserve answers, and a series
of reviews are taking place, including by the Attorney General,
on referring the sentence in that case to the Court of Appeal.
We have announced an early legal advice pilot to help families
agree child arrangements quickly. I have visited Leeds to see how
£6 million is being spent to roll out state-of-the-art courtrooms
as part of our £220 million investment in the court estate. I
have travelled to the USA to meet my counterparts to discuss how
Russia can be held financially and legally to account, and I was
fitted with a GPS tag to experience for myself how effective
modern technology is in holding offenders and Justice Secretaries
to account—a constant physical reminder that debts to society
must be repaid, court orders must be observed, and transgressors
face the very real risk of the clang of a prison gate. [Hon.
Members: “Do you have it on now?”] No, I do not.
As my right hon. and learned Friend just mentioned, he spent a
day wearing a GPS tag, along with Jack Elsom from The Sun. Could
he outline what he learned from that experience, and say whether
he thinks GPS tags are a robust and effective means of monitoring
and punishing low-level offenders? Will he reveal to the House
who else from the Lobby is on his list to be tagged?
Mr Speaker
I remind Members that these are topical questions.
I thank my hon. Friend for his question. There is a serious point
here: our modern GPS tags act as a constant physical reminder
that debts to society must be repaid and that breach of a court
order will be detected, so that a person who steps over the line,
literally or metaphorically, and enters an area from which he is
barred knows that he is liable to be returned to court and sent
to prison. We could put the entire Lobby on alcohol tags, but I
think that would deal a fatal blow to the UK drinks industry.
Mr Speaker
I call the shadow Minister.
(Lewisham East) (Lab)
I recently visited Cookham Wood young offenders institution.
There, officers told me about the challenges they face, including
a staffing shortage and shocking recruitment issues, which have
led to rising levels of violence. Can the Minister say when he
last visited Cookham Wood, and why this Government continue to be
unable to solve those crucial problems?
I have visited Cookham Wood. I cannot remember the precise date,
but the really important statistic to note is that in the period
up to the end of September last year, we recruited an additional
1,400 prison officers. The numbers are going up, and the
attrition rate is going down. [Interruption.] Hold on. That is
because we have introduced measures such as the new colleague
mentor scheme, rolled out £100 million on security and so on. We
recognise that the safety of our prisons is in large measure down
to the quality and quantity of our staff, and we are improving on
both counts.
(Gainsborough) (Con)
T3. There was an interesting debate in the House of Lords
last night, in which Lord Hoffmann confirmed my understanding
that the European Court of Human Rights was wrong to impose a
rule 39 injunction to stop flights to Rwanda, and that we could
safely ignore such an injunction. Will the Secretary of State
confirm that that is his understanding of the law, and if we get
the Bill through Parliament and have flights on the ground, will
he ignore such an injunction? And would that not be a good issue
on which to fight the election?
Mr Speaker
Order. Sir Edward, you should know better. This is topicals. You
are a member of the Panel of Chairs as well; you are meant to set
an example, not abuse your position.
I do not have the advantage of having listened to Lord Hoffmann,
but we do not think that the Strasbourg Court will need to
intervene, given that our domestic courts will have carefully
assessed whether anyone we intend to remove to Rwanda would
suffer serious and irreversible harm.
Mr Speaker
I call the SNP spokesperson.
(Glasgow South West)
(SNP)
Unison, of which I am a proud member, has criticised Government
plans to reintroduce employment tribunal fees, on the grounds
that the
“only people who would benefit from their reintroduction are
unscrupulous bosses”.
The Resolution Foundation has found that the lowest-paid workers
were least likely to bring a claim, so how can the Justice
Secretary defend plans to reintroduce employment tribunal fees,
which will disproportionately affect those on low wages and
present an obstacle to justice for those who need it most?
The Parliamentary Under-Secretary of State for Justice ()
The £55 claim issue fee is modest, and this is completely
different from the previous fee scheme, so I simply do not accept
the hon. Gentleman’s characterisation. I am quite happy to defend
that small, reasonable fee as necessary to help defray the costs
of our system.
Henry Smith (Crawley) (Con)
T6. What percentage of the backlog in Crown court cases is due
to foreign national offenders, and what has been done to reduce
that?
Data on foreign national offenders is collected at the point when
an individual becomes an offender—in other words, at the point of
conviction—but in addition, the Ministry of Justice records the
numbers in custody awaiting trial who are FNOs, and that stands
at approximately 3,300. On driving the figures down, the Home
Office is working to increase take-up of conditional cautions,
which lead to FNOs being expelled from the UK, in place of
prosecution, in appropriate cases.
(Liverpool, Wavertree)
(Lab)
T2. The Vagrancy Act 1824 is 200 years old this year. Yes,
it was supposedly repealed in 2022, but it remains in force. The
Criminal Justice Bill, unamended, represents a genuine danger to
rough sleepers everywhere. When will Conservative Members stop
this madness, and when will we see that 200-year-old piece of
legislation taken off the books?
The Parliamentary Under-Secretary of State for Justice ()
I think the hon. Lady for her question. The Criminal Justice Bill
deals with repeal provisions for the Vagrancy Act, and we are
bringing the Bill back on Report with more on rough sleeping.
Duncan Baker (North Norfolk) (Con)
T8. I welcome the fact that 20 Nightingale courtrooms have
been set up around the country to boost capacity, but none of
them appears to be in the east of England. I know we are all well
behaved in the east, but have we been forgotten?
I can reassure my hon. Friend that we would not dream of
forgetting about him. We have seen an increase, particularly on
special educational needs and disabilities, of over 300% in
receipts, and with the increased number of judges and panel
members, we are seeing a 37% increase in disposals this year. We
are trying to address the issue of SEND with the Department for
Education, and if my hon. Friend thinks there is a problem in
this area, I am more than happy to meet him to discuss it.
(Ellesmere Port and Neston)
(Lab)
T4. I have heard the Minister defend the reintroduction of
employment tribunal fees, but the last time the Government
brought them in, there was a 70% drop in applications. How many
people will be denied access to justice this time?
The hon. Gentleman is comparing apples with oranges. The two fees
are completely different, in terms of quantum. A £55 claim issue
fee is a small contribution towards the tribunals, which cost us
£80 million a year to run. I do not think that that is
unreasonable.
(East Worthing and Shoreham) (Con)
This week, we celebrate the fifth anniversary of my Civil
Partnerships, Marriages and Deaths (Registration etc) Act 2019
completing its parliamentary stages, but it is also the fifth
anniversary of the Government taking no action to enforce clause
4, which gives coroners the power to investigate stillbirths.
There has been some progress: on 8 December, after 56 weeks, they
have produced the results of that consultation, but there has
been no Government response. When will we have a Government
response, and what is the Government’s problem with getting on
with something that is overwhelmingly supported?
I appreciate that my hon. Friend is increasingly agitated about
the implementation of aspects of the Bill; however, the
consultation was not conclusive, and the stillbirths landscape
has changed. Those issues have to be addressed if the Bill is to
be introduced correctly.
(Bolton South East)
(Lab)
T5. According to a report produced by the National Audit
Office last week, housing legal aid is out of reach for many
people who are struggling to keep a roof over their head.
Countless people facing the threat of eviction and repossession
have recently contacted me for help. With the cost of living
crisis and rising interest rates, it is crucial that people can
access legal help with their housing issues. What is the Minister
doing to ensure that housing legal aid is available to those who
cannot afford legal help?
We are investing an initial £10 million to make sure that legal
aid is available for exactly those problems.
(Harrow East) (Con)
Under the Homelessness Reduction Act 2017, there is a solemn duty
on prison governors to prepare ex-offenders for life outside
prison. Seven years on from the introduction of that duty, they
are still not doing what they are required to do. We want
reoffending ended, and if people are prepared properly for when
they leave prison, we increase the chances of preventing
reoffending. What action is my right hon. and learned Friend
taking on this?
My hon. Friend has done spectacular work on this issue. His
Majesty’s Prison and Probation Service published a policy
framework setting out the steps prisons and probation services
must take to meet their duty to refer those at risk of
homelessness. I was reading it this morning, and it contains
template referral forms—and many other aids—that are to be filled
out at prescribed points in the prisoner journey. Governors are
now held to account, as my hon. Friend rightly indicates, for
their record on preparing prisoners for life post release, which
is why I am able to say that in 2022-23, some 86% of prisoners
were accommodated on the first night of release. That is up from
80% in 2019.
Mr Speaker
I know that question was on the Order Paper to be taken before
topicals, but if the Justice Secretary could shorten his answers
to make sure everyone has time in topicals, that would help me
and others.
(York Central)
(Lab/Co-op)
T7. Last week, I visited IDAS—Independent Domestic Abuse
Services—which is an outstanding organisation supporting
survivors of domestic and sexual violence. They highlighted that
parents’ fear of having their children removed is preventing
victims from presenting a case in full, and is preventing
justice. How will the Minister ensure that power imbalances in
the family courts are addressed?
I am grateful for the hon. Lady’s question. She will know how
much we are doing on victim support, particularly in terms of
sexual and domestic abuse. I would like to speak to her about
this issue, and about parental responsibility in the family
courts, so I think we should have a meeting. I ask her to write
to my office after questions to arrange it.
(South Leicestershire)
(Con)
Last week, Colin Pitchfork, the double child rapist and murderer,
successfully applied for a reconsideration of the Parole Board’s
decision not to release him, on the grounds that the decision was
irrational. I have issued a survey across my South Leicestershire
constituency on Parole Board reform. Will the Secretary of State
meet me urgently to discuss the Parole Board rules, as amended in
2019?
I certainly will meet my hon. Friend. He has been assiduous for
many years in raising this matter on behalf of his constituents.
The Parole Board does an exceptionally good job. There are two
cases in which decisions appear to have been overturned because
they were irrational, and that is why I am meeting the Parole
Board tomorrow.
(Leyton and Wanstead) (Lab)
The Justice Secretary mentioned the duty of candour that he
imposed on the police. Has he considered legislating to introduce
the same for all public bodies?
I can say that we want to extend that duty to healthcare
settings, because we do not want health professionals closing
ranks when something goes wrong. It is important to say that
since Hillsborough there have been so many changes, including
through the Inquiries Act 2005, which mean that there can be
criminal liability for those who do not do what the hon.
Gentleman and I must think is a matter of common sense, which is
to tell the truth.
(Stroud) (Con)
Wedding experts at Hitched say that independent celebrants are
the biggest trend for couples getting married this year, and with
the Church, registrars and humanists all providing additional
options, it is about time that we updated the marriage laws,
which are from 1836. Will the Government publish a substantive
response to the Law Commission’s 2022 report on wedding reform?
As someone who benefited from the last wedding reform on equal
marriage, I can say that this Government are entirely committed
to ensuring that we report as fast as possible on the Law
Commission’s review. If my hon. Friend would like to meet my
noble Friend to discuss it further, we can
make that happen.
(Glasgow Central)
(SNP)
The backlog of asylum and immigration tribunal cases has soared
from 35,400 to 41,500 in a month—a result, no doubt, of the Home
Office pushing through decisions at the end of last year to clear
its previous backlog. What is the Minister doing to tackle this
new backlog that they have created?
We are increasing fees for legal aid practitioners. We have seen
a massive increase in cases going through the system, and that is
why we are investing to make sure that legal representation is
available.
(Buckingham) (Con)
Given that the existing prisons in Buckinghamshire cannot recruit
to fill staffing vacancies, where does the Ministry of Justice
think it will magic up staff and prison officers for the
mega-prison that it now has planning permission for in my
constituency?
The Minister of State, Ministry of Justice ()
My hon. Friend is a champion of his constituents. While we may
disagree on this issue, I know that he speaks for a lot of his
constituents, and he does so vocally in this House. We have
highlighted the increase of 1,400 in the number of prison
officers. We are confident that we can staff all the new prisons
and that they are necessary to meet our obligations.
(Huddersfield)
(Lab/Co-op)
What can I do to change the Secretary of State’s view on joint
enterprise? Has he read Lord Finkelstein’s recent and very
good article in The Times? Please can the Minister have an open
mind and look at it again? There are more than 1,000 young men in
prison on long sentences.
Joint enterprise is there to ensure that those who act as the
burglary lookout, those who provide the weapon in a murder and
those who drive the getaway vehicle do not escape the
consequences of their crimes, which shatter lives. It is already
the case, as in the case of Jogee, that the person must have
helped or encouraged the commission of the offence and intended
to do so. If the Labour party’s position is that such people
should escape culpability, it should say so. Our advice on this
side of the House is clear: do not commit crime.
