Category: Criminal Justice

  • Yvette Cooper – 2024 Statement on Border Security and Asylum

    Yvette Cooper – 2024 Statement on Border Security and Asylum

    The statement made by Yvette Cooper, the Home Secretary, in the House of Commons on 22 July 2024.

    May I thank you, Mr Speaker, for standing up for the Opposition Front Benchers, as I know you have often done for me in the past? I apologise to the shadow Home Secretary for the delay in the arrival of the statement.

    Most people in the United Kingdom want to see strong border security, with a properly controlled and managed asylum system where our country does its bit, alongside others, to help those who have fled persecution, but where rules are properly respected and enforced so that those with no right to be here are swiftly removed. At the moment, we have none of those things. Border security is being undermined by criminal smuggler gangs, and the asylum system is in chaos. Tragically, 19 lives have been lost in the channel so far this year, including children. No one should be making these perilous small boat journeys.

    Criminal gangs have been allowed to take hold along our border, and they are making huge profit from undermining our border security and putting lives at risk. They should not be able to get away with it. Crossings in the first half of 2024 are up by 10% on last year—the number is going up, instead of coming down. At the same time, the asylum backlog is getting worse, as decision making in the Home Office has dropped. Home Office spending on asylum support has increased sevenfold in the space of just three years. This cannot go on. Since my appointment two weeks ago, I have reviewed the policies, programmes and legislation that we have inherited from our predecessors, and I have been shocked by what I have found. Not only are there already serious problems; on current policies, the chaos and costs are likely to get worse.

    On our border security, it is clear that the security and enforcement arrangements we have inherited are too weak. Criminal gang networks are operating with impunity along our border, across the continent and beyond, and across the UK too. Action between Britain and France in the channel has improved, and is preventing some boat crossings. The work of the small boats operational command in the channel is important and will continue, but we need to go much further. We should be taking far more action upstream, long before the boats ever reach the French coast. Co-operation with Europol and other European police forces and prosecutors is far too limited, and enforcement against exploitation and trafficking in the UK is far too weak. Information sharing with our European neighbours has reduced, rather than increased. As a result of these weak arrangements, I am extremely concerned that the high levels of dangerous crossings that we have inherited are likely to persist throughout the summer.

    Let me turn to the Rwanda migration and economic development partnership. Two and a half years after the previous Government launched it, I can report that it has already cost the British taxpayer £700 million—in order to send just four volunteers. That includes £290 million on payments to Rwanda and the costs of chartering flights that never took off, detaining hundreds of people and then releasing them, and paying for more than 1,000 civil servants to work on the scheme—for a scheme to send four people. It is the most shocking waste of taxpayers’ money I have ever seen.

    Looking forward, the costs are set to get worse. Even if the scheme had ever got going, it is clear that it would have covered only a minority of arrivals, yet a substantial portion of future costs were fixed costs—for example, the annual direct payments to Rwanda, the contracts for escorts, the staffing in the Home Office, the detention and reception centres, and more. The taxpayer would have still had to pay out, no matter how few people were relocated. Most shockingly of all, over the six years of the migration and economic development partnership forecast, the previous Government had planned to spend over £10 billion of taxpayers’ money on the scheme. They did not tell Parliament that. I thank the Rwandan Government for working with the UK in good faith, because the failure of this policy lies with the previous UK Government. It has been a costly con, and the taxpayer has had to pay the price.

    I turn to the Illegal Migration Act 2023, which has been in place for a year. We were told that it would stop the boats, but it has clearly failed. The legal contradictions in the Act are so great that they make it unworkable; indeed, 12 months on, the central duty has not even been enacted. It is also costing the taxpayer billions of pounds. Under section 9 of the Act, people who arrive in the UK can claim asylum and get asylum accommodation. However, under section 30, if they arrived after March 2023 and meet key conditions in the Act, no decision can be taken on their case; they just stay in the asylum system. Even if they have come here unlawfully for economic reasons and should be returned to their home country, they will not be, because the law does not work. Only a small minority might ever have been sent to Rwanda; everyone else stays indefinitely in taxpayer-funded accommodation and support.

    The Home Office estimates that around 40% of asylum cases since March 2023 should be covered by those Illegal Migration Act conditions. The remaining 60%, under the previous Government’s policy, should still have been processed and cleared in the normal way. However, even though previous Ministers introduced this new law 12 months ago, they did not ever introduce an effective operational way for the Home Office to distinguish between the cases covered by the Illegal Migration Act and the other cases where decisions should continue—that is, between the 40% and the 60%. As a result, decisions cannot be taken on any of them.

    I have been shocked to discover that the Home Office has effectively stopped making the majority of asylum decisions. Thousands of asylum caseworkers cannot do their proper job. As a result, the backlog of asylum cases is now going up. This is the most extraordinary policy I have ever seen. We have inherited asylum “Hotel California”—people arrive in the asylum system and they never leave. The previous Government’s policy was effectively an amnesty, and that is the wrong thing to do. It is not just bad policy, it is also completely unaffordable. The cost of this indefinitely rising asylum backlog in hotel and accommodation support bills is astronomical. The potential costs of asylum support over the next four years if we continue down this track could be an eye-watering £30 billion to £40 billion. That is double the annual police budget for England and Wales.

    This newly elected Government are not prepared to let this chaos continue, so let me turn to the action we are urgently taking to restore some grip to the system, to tackle the chaos and to get costs down. First, I have informed the Rwandan Government that we will be ending the migration and economic development partnership. We will save £220 million on further direct payments to Rwanda over the next few years and we will immediately save up to £750 million that had been put aside by the previous Government to cover the MEDP this year.

    Secondly, we will invest some of the saved money from the migration partnership into a new border security command instead. It will bring together the work of the Border Force, the National Crime Agency, the small boats operational command and intelligence and security officers. The recruitment has begun for a new commander and we will put in place additional cross-border officers, investigators, prosecutors, and intelligence and security officers with the new counter-terror-style powers against organised immigration crime announced in the King’s Speech last week. We are immediately increasing UK officers’ involvement in Europol and the European Migrant Smuggling Centre.

    Thirdly, we will replace the Rwanda migration partnership with a serious returns and enforcement programme. We have immediately replaced the flight planning for Rwanda with actual flights to return people who have no right to stay to their home countries instead. We are immediately redeploying Home Office staff away from the failed Rwanda partnership and into returns and enforcement, to reverse the collapse in removals that has taken place since 2010. I have tasked the immigration enforcement team with intensifying enforcement activity this summer, targeting illegal working across high-risk sectors.

    Fourthly, we will end the asylum chaos and start taking asylum decisions again so that we can clear the backlog and end asylum hotels. The new border security, asylum and immigration Bill announced in the King’s Speech will bring in new replacement arrangements, including fast-track decisions and returns to safe countries. In the meantime, I am laying a statutory instrument that ends the retrospective nature of the Illegal Migration Act provisions, so that the Home Office can immediately start clearing cases from after March 2023. Making this one simple change will save the taxpayer an estimated £7 billion over the next 10 years. Fifthly, as the Prime Minister has just set out, we will work closely with our European neighbours to tackle the upstream causes of migration, including through the Rome process.

    This country will always do our bit alongside others to help those fleeing war and persecution, but we need a proper system where rules are enforced. There are no quick fixes to the chaos created over the last 14 years. It will take time to clear the asylum backlog, to bring costs down and to get new enforcement in place to strengthen our borders and prevent dangerous boat crossings, but there is no alternative to serious hard graft. We cannot waste any more time or money on gimmicks. The country voted for change, and that means it is time for a sensible, serious plan. I commend this statement to the House.

  • Keir Starmer – 2024 Statement on Rioting and Attacks on Police

    Keir Starmer – 2024 Statement on Rioting and Attacks on Police

    The statement made by Keir Starmer, the Prime Minister, on 4 August 2024.

    I utterly condemn the far-right thuggery we have seen this weekend.

    Be in no doubt: those who have participated in this violence will face the full force of the law.

    The police will be making arrests.

    Individuals will be held on remand.

    Charges will follow. And convictions will follow.

    I guarantee you will regret taking part in this disorder.

    Whether directly or those whipping up this action online, and then running away themselves.

    This is not protest. It is organised, violent thuggery.

    And it has no place on our street or online.

    Right now, there are attacks happening on a hotel in Rotherham.

    Marauding gangs intent on law breaking. Or worse.

    Windows smashed.

    Fires set ablaze.

    Residents and staff in absolute fear.

    There is no justification – none – for taking this action.

    And all right-minded people should be condemning this sort of violence.

    People in this country have a right to be safe.

    And yet, we’ve seen Muslim communities targeted.

    Attacks on Mosques.

    Other minority communities singled out.

    Nazi salutes in the street.

    Attacks on the police.

    Wanton violence alongside racist rhetoric.

    So, no, I won’t shy away from calling this what it is:

    Far-right thuggery.

    To those who feel targeted because of the colour of your skin…

    Or your faith…

    I know how frightening this must be.

    I want you to know this violent mob do not represent our country.

    And we will bring them to justice.

    Our police deserve our support, as they tackle any and all violent disorder that flares up.

    Whatever the apparent cause or motivation we make no distinction.

    Crime is crime.

    And this government will tackle it.

    Thank you.

  • Keir Starmer – 2024 Statement on Rioting

    Keir Starmer – 2024 Statement on Rioting

    The statement made by Keir Starmer, the Prime Minister, on 1 August 2024.

    This week – we are a nation in shock.

    A country coming to terms with an attack so inexplicably vile…

    That fear is an understandable reaction.

    Our first thoughts of course are with the families at the heart of this…

    Their pain is unimaginable.

    And so I call on everyone to give them and indeed the wider community at Southport…

    The space to grieve.

    And time for the authorities in Merseyside…

    To do their job.

    There will be a time for questions.

    And we will make sure that the victims and families in Southport…

    Are at the heart of that process…

    That’s the very least that we owe these families.

    But we also owe them justice.

    So while there’s a prosecution that must not be prejudiced…

    For them to receive the justice that they deserve…

    The time for answering those questions is not now.

    And I remind everyone that the price for a trial that is prejudiced…

    Is ultimately paid by the victims and their families.

    Who are deprived of the justice that they deserve.

    Let me turn now to the actions of a tiny, mindless minority in our society.

    Because in the aftermath of this attack

    The community of Southport had to suffer twice.

    A gang of thugs, got on trains and busses…

    Went to a community that is not their own…

    A community grieving the most horrific tragedy…

    And then proceeded to throw bricks at police officers.

    Police officers who just 24 hours earlier…

    Had been having to deal with an attack on children in their community.

    Their community.

    And make no mistake…

    Whether it’s in Southport, London – or Hartlepool…

    These people are showing our country exactly who they are.

    Mosques targeted because they are Mosques.

    Flares thrown at the statue of Winston Churchill.

    A Nazi salute at the Cenotaph.

    And so I’ve just held a meeting with senior police and law enforcement leaders…

    Where we’ve resolved to show who we are.

    A country – that will not allow understandable fear…

    To curdle into division and hate in our communities.

    And that will not permit, under any circumstances…

    A breakdown in law and order on our streets.

    Because let’s be very clear about this.

    It’s not protest.

    It’s not legitimate.

    It’s crime…

    Violent disorder.

    An assault on the rule of law and the execution of justice.

    And so on behalf of the British people…

    Who expect their values and their security to be upheld…

    We will put a stop to it.

    I want to thank all of the police officers, across the country…

    Who have already, as they so often do…

    Stood up to intimidation and violence in the past few days…

    And indeed, throughout the summer.

    And let me be clear – the meeting this afternoon was not about pointing the finger of blame…

    That is not how this Government of Service conducts its business…

    Because it doesn’t work.

    Rather – this was a meeting to pull together our response…

    A response both to the immediate challenge…

    Which is clearly driven by far-right hatred.

    But also – all violent disorder that flares up.

    Whatever the apparent cause or motivation – we make no distinction…

    Crime is crime.

    And so – to that end…

    I can announce today, that following this meeting…

    we will establish a national capability, across police forces…

    To tackle violent disorder.

    These thugs are mobile…

    They move from community to community…

    And we must have a policing response that can do the same.

    Shared intelligence…

    Wider deployment of facial recognition technology…

    And preventive action – criminal behaviour orders…

    To restrict their movements…

    Before they can even board a train…

    In just the same way we do with football hooligans.

    And let me also say to large social media companies and those who run them…

    Violent disorder clearly whipped up online…

    That is also a crime.

    It’s happening on your premises.

    And the law must be upheld everywhere.

    That is the single most important duty of Government…

    Service rests on security.

    And we will take all necessary action…

    To keep our streets safe.

  • Richard Hermer – 2024 Swearing In Speech at Attorney General

    Richard Hermer – 2024 Swearing In Speech at Attorney General

    The speech made by Richard Hermer, the Attorney General, on 15 July 2024.

    It is a profound privilege to address the Lady Chief Justice and the Lord Chancellor and all the members of this court.

    It is also a personal pleasure for me to make submissions in this courtroom when the risk of being asked tricky legal questions is at least lower than normal.

    Being in government is a privilege that carries the responsibility of having to make hard choices but as we face the challenging path ahead the rule of law will be the lodestar for this government.

    Governments should be judged by their deeds not by their rhetoric but I hope the professions and the public can take some comfort from the fact that, from the Prime Minister down, the new government is comprised of individuals who have the rule of law imprinted into their DNA, none more so than our new Lord Chancellor.

    For all the reasons set out by my lady and for many more, I can tell the Court that we have a Lord Chancellor with the character, authority, intellect and experience not just to protect the rule of law but to begin to address the deep challenges facing our justice system.

    We also have a Solicitor General who brings precisely the right mix of legal acumen, political nous and a dedication to public service to help make law and politics work together.

    We wish to work with all in our mission to protect and promote the rule of law.  Its principles are at the heart of the organisations the Law Officer’s superintend and we will work collegiately with the Bar Council, Law Society and CILEX in what I know is our shared endeavour to entrench the rule of law and promote human rights.

    We recognise the imperative of seeking to ensure a cross-party consensus about our shared fundamental values and how we protect them for future generations.

    The values that we are seeking to protect are not the property of any political party, they are not Labour values or Conservative values they are British values, indeed in many respects universal values.

    The task has never been more urgent.  In recent years, events at home and abroad serve to remind us all that once you start pulling on a single thread of the fabric of the rule of law system, when democratic norms are whittled away through attrition, the risk of systemic unravelling is great and the concomitant task of retrenching standards we once took for granted, very difficult indeed.

    So My Lady the Law Officers will work together with the Lord Chancellor on our mission to protect and promote the rule of law.  There is much to be done, too many tasks to describe in my allotted time, but let me say this.

    We will support the Lord Chancellor’s mandate to protect the independence of the judiciary, allied to this we will work with her to promote better appreciation in Westminster and beyond of our constitutional balance in which a respectful relationship between parliament, the executive and the courts is understood to be the bedrock of our framework of governance.

    We will work closely with the Lord Chancellor to promote the rule of law amongst the public, not least young people – seeking to use it to rebuild trust in our political system by explaining how it serves all of us and that no-one, least of all politicians, are above it.

    Just as we will promote the rule of law domestically, so we will seek to promote international law and the rule of law in the international legal order. We will support the Foreign Secretary in all his efforts – cognisant of the importance of international law and the rule of law for the prosperity and security of all global citizens.

    Looking inwards, we will seek to promote the highest standards in how we legislate – seeking to increase accessibility and certainty in how we make law, including not abusing the use of secondary legislation

    Finally, as Law Officers we will seek to provide the Government that we serve with legal advice of the highest calibre and ensure that law is at the heart of everything that it does.

    Notwithstanding the Law Officer’s commitment to the political aims of the government our legal analysis will always be guided by law not politics.

    As I told a meeting with all of GLD staff last week – it is our job to speak truth to power.  Sometimes we will get it wrong and in their judgments these Courts will explain why, and we will seek to learn and do better.

    That is how our system works, it is as Lord Bingham said, a cardinal feature of the modern democratic state and the cornerstone of the rule of law.

  • Greg Smith – 2024 Comments on Prison Capacity

    Greg Smith – 2024 Comments on Prison Capacity

    The comments made by Greg Smith, the Conservative MP for Mid-Buckinghamshire, in the House of Commons on 18 July 2024.

    I listened very carefully to the Lord Chancellor’s comments about Members present and past who had legitimate concerns about new-build prison proposals in their constituencies. She will no doubt be aware of the proposals for a new mega-prison in Buckinghamshire on farmland adjacent to HMP Spring Hill and HMP Grendon. Those proposals are deeply unpopular in my constituency, first, on fairness grounds—they are affecting communities just one mile from the construction of HS2, which are already under siege from big construction—and, secondly, because the prisons in Buckinghamshire cannot recruit to the vacancies that they already have. Fully staffing a brand new prison is just not going to happen, so I ask the new Lord Chancellor to do my constituents the courtesy of sitting down with me so that she can hear why this particular proposal just will not work.

    Shabana Mahmood

    I thank the hon. Member for his question. May I gently say that this is part of the problem? I am not going to get into the specifics of his particular constituency or those particular planning proposals—those proposals are already within the planning system, as the shadow Lord Chancellor, the right hon. Member for Melton and Syston (Edward Argar), alluded to in his remarks—but prisons have to be built in this country. We have to do more building, we have to do it more quickly, and we have rightly said that we will always treat prisons as of national importance. That was actually a change brought in by the previous Government to unlock the delays that they had faced for many years, particularly when concerns were raised by their own Members of Parliament.

    We take too long to build any kind of infrastructure in this country. That will not be the approach of this Government, so while I am very happy to consider any proposals that any Members of this House have about specifics in their constituency, the reality is that prisons will always be deemed by this Government to be of national importance, and they will be built.

  • John McDonnell – 2024 Comments on Prison Capacity

    John McDonnell – 2024 Comments on Prison Capacity

    The comments made by John McDonnell, the Labour MP for Hayes and Harlington, in the House of Commons on 18 July 2024.

    I declare a non-pecuniary interest: I am an honorary life member of the Prison Officers’ Association.

    In seeking to be fair, as she always is, my right hon. Friend is being too kind on the last Government. They brought about a staffing crisis in our prisons that has brought rehabilitation to an end and levels of violence that we have never seen before. Will she bring forward as soon as possible a workforce strategy for our prisons and probation? As a matter of urgency, will she look in particular at Feltham young offenders institution, which has become a violent emergency for staff and for prisoners themselves?

    Shabana Mahmood

    My right hon. Friend is right. I take this opportunity to pay tribute to all the staff in our prisons, who do an excellent job under very difficult circumstances. He is right to acknowledge that the levels of violence in our prisons have been increasing, placing those staff at ever greater risk. This is similar to the question that I just answered on probation. When prisons are so badly overcrowded, it is incredibly difficult to run any kind of regime that can do good work on rehabilitation, or provide a safe atmosphere for the staff who work in them.

    I will, of course, have conversations in the usual way when it comes to discussions about the spending review and other measures that the Chancellor will bring forward. I hope that I need not tell my right hon. Friend that I will bat hard for our Department and the people I represent. That will all happen in the usual way. We are committed to publishing our 10-year capacity strategy as quickly as possible so that we can begin the process of returning our system to some sort of health. I thank him for raising Feltham; I will look at that and write to him.

  • Alistair Carmichael – 2024 Speech on Prison Capacity

    Alistair Carmichael – 2024 Speech on Prison Capacity

    The speech made by Alistair Carmichael, the Liberal Democrat Justice spokesperson, in the House of Commons on 18 July 2024.

    I also welcome the Lord Chancellor to her new position, and thank her for advance sight of her statement.

    It has been apparent for months that measures of this sort would be necessary. These are described as temporary measures, but 18 months is a very long time for temporary measures. There would be a real danger of damaging public confidence in our criminal system if the measures were to be extended beyond that point.

    The answer surely has to be more than just building more prison capacity. The problem is not that our prison estate is too small; it is that we send too many people to prison, and that the time they spend there does nothing to tackle the problems of drug and alcohol dependency, poor literacy and numeracy skills, and poor mental health, which led to their incarceration. Can we hope to hear in the very near future the Government’s comprehensive plan to tackle the issue of the time that people spend in prison?

    Finally, may I bring to the Lord Chancellor’s attention the report published this morning by His Majesty’s inspectorate of probation on the failings of the Cambridgeshire and Peterborough probation delivery unit? That report outlined that our duty of care to those whom we lock up should not end the day they leave custody. When will we have a response to that report?

    Shabana Mahmood

    I welcome the right hon. Gentleman to his place. On the 18-month period, we have inherited a criminal justice system in complete crisis and at risk of total breakdown and collapse. It will take some time, by necessity, for us to be able to put that right. I do not want to mislead the public that somehow these changes will have a quick effect. The system is in dire straits and it will take time to repair it. It is right that we are up front and honest about that time, and I will update the House regularly.

    As I say, this Government’s approach will be very different from that of the last Government. We will have a regular release of data, and I anticipate that I will regularly appear before Members to talk about that data, but I welcome that opportunity because it is important that the public are kept updated, and that their representatives in this place are able to scrutinise what is happening and hold us to account. We will need time for the measures to take effect to enable us to move the system to a position of greater health.

    In terms of who goes to prison, why and for how long, when we have overcrowded prisons, there is no capacity to do much other than hold people in their cells. The activity that we know is important to help people in the prison system to turn their lives around, come out as better citizens and make better choices, having made amends to society, cannot happen in deeply overcrowded prisons. That is why dealing with the capacity crisis is so necessary not just to prevent the collapse of the criminal justice system but to cut reoffending in the long term. Creating some space will allow us to introduce proposals to bring down reoffending rates in the country.

    On probation, I pay tribute to all probation staff for their tremendous work. My first visit in my new role was to meet probation staff in Bedfordshire. I recognise that they have been working in a system and a service under extreme strain and facing real difficulty. That is why we will onboard 1,000 new trainee probation officers before March 2025 to add extra capacity, and why returning the probation system to health will be a key priority for this Government.

  • Edward Argar – 2024 Speech on Prison Capacity

    Edward Argar – 2024 Speech on Prison Capacity

    The speech made by Edward Argar, the Conservative MP for Melton and Syston, in the House of Commons on 18 July 2024.

    I am grateful to the Lord Chancellor for very timely advance sight of her statement. May I take this opportunity to congratulate her on her appointment, as well as the Under-Secretary of State for Justice, the hon. Member for Pontypridd (Alex Davies-Jones)? I congratulate the Minister of State, Ministry of Justice, the hon. Member for Swindon South (Heidi Alexander) on her return to this place. Notwithstanding the occasional tussle across the Dispatch Box, I look forward to working constructively with Lord Chancellor, and to holding her and the Government to account. She is of course a decent, courteous, and incredibly able person, and I wish her well in her role.

    We recognise the challenges and pressures facing the prison and criminal justice system, and the need to ensure that our prisons function effectively. Of course, the Government were well aware of those things when they were in opposition, as I know from challenging oral question sessions. In Government, we took the right decisions to significantly toughen up sentences for those who commit the worst crimes, in order to ensure that society was protected. To reflect that, we set in train the biggest prison building programme since the Victorian era. More than 13,000 additional prison places were delivered while we were in government. Two new prisons opened; one prison is under construction; there are two prisons with planning permission; and one prison is on the cusp of a decision. Labour’s planning permission proposal for prisons would not impact any of those developments. In that respect, it is simply a gimmick.

    Crucially, in the covid pandemic, supported by the then Opposition, we made the tough but correct decision not to mass-release prisoners as other countries did, and we maintained that bedrock of our justice system, trial by jury. Those correct decisions meant less space, and the number of people on remand waiting for trial or sentencing dramatically increasing from around 9,000 to 16,500, with resulting additional pressures.

    In deciding to reduce capacity pressure, the paramount consideration for the Lord Chancellor must always be public protection. With that in mind, although we will of course have to scrutinise the detail of her proposed sentence reduction scheme, I must say that we have significant public protection concerns about what she has announced so far, and I hope that she will be able to address those concerns today.

    The Lord Chancellor set out plans for limited exclusions relating to domestic abuse, but can she confirm that if a domestic abuser is convicted of, say, common assault, as is often the case, they would not be exempt from this policy? What exclusions does she plan to put in place to ensure that the worst, persistent, repeat offenders cannot benefit from this scheme? She set out that this was a temporary measure that will be reviewed after 18 months. What criteria will she set for its ending? Better still, will she commit to sunsetting the measure in the delegated legislation, and to returning to the House on this afresh in 18 months, if needed?

    What additional resources are being made available to probation? We hear what the Lord Chancellor says about getting 1,000 more trainee probation staff by March 2025, but how many of those will actually be new? How many will be additional to those whom we already planned to have in place through the existing trajectory for new trainees? Can she guarantee that no prisoners will benefit from her early release scheme without GPS tags and strict conditions? Indeed, will she mandate the imposition of GPS tracking? Can she confirm to the House progress on bringing HMP Dartmoor’s places back into use, and her long-term plans for HMP Dartmoor’s places? The previous Government committed £30 million to acquire land for building new prisons, and had already begun drawing up a site longlist. Is she expanding that fund, or merely re-announcing the same thing?

    More widely, the Lord Chancellor states that this is a temporary measure to ease pressure, so what are her long-term plans for meeting demand? Is she planning to scrap the tougher sentences for serious crimes that the Conservatives put in place to protect the public, and so to reverse our changes, or is she planning to build more prisons over and above the six that we committed to funding, to meet future demand? If it is the latter, has the Chancellor agreed the significant extra funding needed? Those are the long-term questions to which she and the Government owe this House and the public answers, given the changes that she is making today. I hope that she will be able to give clear answers.

    Shabana Mahmood

    I welcome the shadow Lord Chancellor to his place; we have always worked constructively together wherever appropriate, and I look forward to continuing to do so while he is in post. He made a heroic attempt to gloss over many years of failure in planning by the previous Government. I was surprised that he managed to say it all with a straight face. He knows full well that for many years the previous Government struggled to get such measures past many of their Back-Benchers, not all of whom have returned post the general election, but some of whom remain here, and remain implacable opponents of any kind of planning developments in their constituency. They think that national infrastructure is a good thing as long as it is elsewhere. I look forward to seeing whether there is a change of heart among those on the Opposition Benches. It would be welcome, because this Government will not allow the planning system to prevent our country from having either the prison places or the national infrastructure that we so desperately need. He also knows full well that of the 20,000 places that were supposed to have been provided by the previous Government by 2025, only 6,000 have been delivered.

    I am concerned about the position relating to prisoners on remand. The shadow Lord Chancellor rightly notes that the number of those on remand in our prison estate is around 16,000. Of course, judges need to be able to remand people to prison for public protection reasons. That will not change. He will know, given his former role in the Department, that there are no immediate solutions, because many of those individuals will in the end be sentenced to custody. I am considering all options available to me for driving that number down as much as possible. In the end, we will need our 10-year capacity plan to take account of what we expect the sentenced population to look like.

    On the sentences that are covered by this measure, the shadow Lord Chancellor will know that in order to make a change by means of a statutory instrument, it has to relate to specific offences. That is why we have taken every precaution and every option available to us to exclude sentences connected to domestic abuse. He knows that those will include—I am sure that he has seen the draft statutory instrument—offences related to the breaching of a non-molestation order; stalking, which I mentioned in my statement, including stalking involving the fear of violence, serious alarm or distress; strangulation or suffocation; controlling or coercive behaviour in an intimate or family relationship; the breaching of a restraining order; and a breach of a domestic abuse protection order. The common offences that we know are connected to domestic abuse are caught in the statutory instrument. On multiple and repeat offences, he will know that the decision relies on the combination that is reviewed when the sentencing calculation is done.

    As I said in my statement, I will return in 18 months to update the House. We want to remove this temporary measure as quickly as possible, and we will be transparent throughout. The shadow Lord Chancellor will not need to chase me around this building trying to find out what is happening, as I had to when I was in his position and we were considering the previous Government’s early release scheme. We will be transparent in a way that the previous Government simply were not. We will do a quarterly release of all the data, and we will update the House regularly.

    I am sure that the right hon. Gentleman followed the announcement on Friday closely, so he will know that the announcement on probation does not involve new money. It is a re-prioritisation of resources, because strengthening probation to make sure that it is in the strongest possible position to deal with the early release scheme is incredibly important to us.

    On Dartmoor, the right hon. Gentleman knows the history very well. Safety is our No. 1 priority, and after close monitoring of the situation at HMP Dartmoor, it has been decided that prison will be temporarily closed. I will update the House as the situation develops. I say to him gently that we have committed to a 10-year capacity strategy. We recognise that we need to make sure that this country has the prison places that it needs. We will deliver where the previous Government failed, and we will never allow the planning process to get in the way of having the prisons that we need in this country.

    Longer term, however, we will also look at driving down reoffending, because the entrenched cycle of reoffending creates more victims and more crime, and it has big impacts on our ability to have the capacity that we need in our prison estate. That is why this Government will make it a key priority to drive down reoffending. That is a strategy for creating better citizens, not better criminals. It is a strategy for cutting crime, and in the long term, it will deal with our capacity problems for years to come.

    Bambos Charalambous (Southgate and Wood Green) (Lab)

    I welcome my right hon. Friend to her place on the Government Front Bench. The imprisonment for public protection prison population is more than 2,700; 99% of those people are over tariff, and more than 700 prisoners are now 10 years over their original tariff. Can she accelerate the Ministry of Justice’s refreshed IPP action plan to help to reduce the prison population and right that wrong?

    Shabana Mahmood

    I thank my hon. Friend for that question. The situation with IPP prisoners is of great concern, and I know that huge numbers of Members on both sides of this House care about it deeply. I share that concern. IPP prisoners are not caught in the changes that we are putting forward; those are indeterminate sentences, not standard determinate sentences. We supported the previous Government in what we thought were sensible changes to the licence period and the action plan, and we will continue that work. However, any changes made have to account for public protection risks, first and foremost. We want to make progress with that cohort of prisoners, but not in a way that impacts public protection.

  • Shabana Mahmood – 2024 Statement on Prison Capacity

    Shabana Mahmood – 2024 Statement on Prison Capacity

    The statement made by Shabana Mahmood, the Lord Chancellor and Secretary of State for Justice, in the House of Commons on 18 July 2024.

    With permission, Mr Speaker, I will make a statement about prison capacity in England and Wales.

    As you know, Mr Speaker, I wanted to make this announcement first in this House. However, given the scale of the emergency facing our prisons, I was forced to set out these measures before Parliament returned.

    Since this Government took office two weeks ago, it has become clear that our prisons are in crisis and are at the point of collapse. The male prison estate has been running at over 99% capacity for the last 18 months. We now know that my predecessor warned No. 10 Downing Street but, rather than address this crisis, the former Prime Minister called an election, leaving a ticking time bomb. If that bomb were to go off—if our prisons were to run out of space—the courts would grind to a halt, suspects could not be held in custody and police officers would be unable to make arrests, leaving criminals free to act without consequence. In short, if we fail to act now, we face the prospect of a total breakdown of law and order.

    Rather than act, the last Prime Minister allowed us to edge ever closer to catastrophe. Last week, there were around 700 spaces remaining in the male prison estate. With 300 places left, we reach critical capacity. At that point, the smallest change could trigger the chain of events I just set out. With the prison population rising, it is now clear that by September this year, our prisons will overflow. That means there is now only one way to avert disaster.

    As the House knows, most of those serving standard determinate sentences leave prison at the halfway point, serving the rest of their sentence in the community. The Government now have no option but to introduce a temporary change in the law. Yesterday, we laid a statutory instrument in draft. Subject to the agreement of both Houses, those serving eligible standard determinate sentences will leave prison after serving 40%, rather than 50%, of their sentence in custody, and will serve the rest on licence. Our impact assessment estimates that around 5,500 offenders will be released in September and October. From that time until we are able to reverse this emergency measure, 40% will be the new point of automatic release for eligible standard determinate sentences.

    The Government do not take this decision lightly, but to disguise reality and delay any further, as the last Government did, is unconscionable. We are clear that this is the safest way forward. In the words of the Metropolitan Police Commissioner, Sir Mark Rowley, these steps are “the least worst option”. He went on to say that

    “the worst possible thing would be for the system to block”,

    and that any alternative to these measures would be “dangerous for the public”.

    I understand that some may feel worried by this decision, but I can assure the House that we are taking every precaution available to us. There will be important exclusions. Sentences for the most dangerous crimes—for sexual and serious violent offences—will not change. That will also be the case for a series of offences linked to domestic violence, including stalking, controlling or coercive behaviour and non-fatal strangulation, as well as those related to national security.

    We will also implement stringent protections. First, this change will not take effect until early September, giving the probation service time to prepare. Secondly, all offenders released will be subject to strict licence conditions, to ensure they can be managed safely in the community. Thirdly, offenders can be ordered to wear electronic tags, and curfews will be imposed where appropriate. Finally, if offenders breach the conditions of their licence, they can be returned to prison immediately.

    Let me be clear: this is an emergency measure, not a permanent change. This Government are clear that criminals must be punished. We do not intend to allow the 40% release point to stand in perpetuity. That is why I will review these measures again, in 18 months’ time, when the situation in our prisons will have stabilised. Throughout, this Government will be transparent. We will publish data on the number of offenders released on a quarterly basis, and we will publish an annual prison capacity statement, legislating to make this a statutory requirement.

    When we implement this change, we will stop the end of custody supervised licence scheme introduced by the last Government, which operated under a veil of secrecy. From the Opposition Benches, I was forced to demand more information about who was being released and what crimes they had committed. This Government have now released that data, showing that over 10,000 offenders were released early, often with very little warning to probation officers, placing them under enormous strain. This was only ever a short-term fix. It was one of a series of decisions this Government believe must be examined more fully, which is why we are announcing a review into how this capacity crisis was allowed to happen and why the necessary decisions were not taken at critical moments.

    The measures I have set out today are not a silver bullet. The capacity crisis will not disappear immediately, and these measures will take time to take effect. But when they do, they will give us the time to address the prisons crisis, not just today but for years to come. This includes accelerating the prison building programme to ensure we have the cells we need. Later this year, we will publish a ten-year capacity strategy. That strategy will outline the steps that the Government will take to acquire land for new prison sites, and will classify prisons as being of national importance, placing decision making in Ministers’ hands. The Government are also committed to longer-term reform and cutting reoffending.

    Too often, our prisons create better criminals, not better citizens, and nearly 80% of offending is reoffending, all at immense cost to communities and the taxpayer. As Lord Chancellor, my priority is to drive down that number. To do that, the Government will strengthen probation, starting with the recruitment of at least 1,000 new trainee probation officers by the end of March 2025. We will work with prisons to improve offenders’ access to learning and other training, as well as bringing together prison governors, local employers and the voluntary sector to get ex-offenders into work. We know that if an offender has a job within a year of release, they are less likely to reoffend. It is only by driving down reoffending that we will find a sustainable solution to the prisons crisis.

    In a speech last week, I called the previous occupants of Downing Street “the guilty men”. I did not use that analogy flippantly. I believe that they placed the country in grave danger. Their legacy is a prison system in crisis, moments from catastrophic disaster. It was only by pure luck, and the heroic efforts of prison and probation staff, that disaster did not strike while they were in office. The legacy of this Government will be different. We will see a prison system brought under control; a probation service that keeps the public safe; enough prison places to meet our needs; and prisons, probation and other services working together to break the cycle of reoffending and so cut crime.

    I never thought that I would have to announce the measures that I have set out today, but the scale of this emergency has forced this Government to act now, rather than delay any longer. This Government will always put the country and its safety first. I commend this statement to the House.

  • Yvette Cooper – 2024 Speech at the Police Bravery Awards

    Yvette Cooper – 2024 Speech at the Police Bravery Awards

    The speech made by Yvette Cooper, the Home Secretary, at the Royal Lancaster Hotel on 11 July 2024.

    Thank you very much, and good evening everybody. It is such an enormous privilege to be here this evening.

    As we all know, really the very best and bravest of British policing. Tiffany was saying this is the 29th annual Bravery Awards. Feel that means I’ve actually been here for half of them.

    So this is my 14th annual Bravery Awards. So I want to thank the Police Federation, Police Mutual, and of course, the unstoppable Mark Durden-Smith who will be with us later on, who’s been coming probably even longer than I have.

    There has been a huge amount of work to make this happen. This is going to be an evening of tributes to some incredible bravery, some incredible stories of heroism.

    But can I also just start by saying thank you, to all of the partners, all of the relatives, all of the families who are also here this evening because the work that your partners do, that I know you will feel so proud of, is actually only possible because of your love and support. And I know sometimes that can be the hardest of thing to do and to deal with.

    It was a pleasure to meet so many of you this morning in the reception that we had in Downing Street. One of the officers I was speaking to said “Oh, it’s really surreal being here in Downing Street. And I had to say “yeah, you and me both!”

    I’m still getting used to the change in roles. Yesterday morning, so I wake up, I always have the radio on, the alarm on in the morning. I woke up with the voice on the radio saying “and the shadow Home Secretary has said major changes need to be made in the party after the election.” I leapt up thinking “oh my God, what have I said now?”

    So it is a real honour to be able to come out of the shadows after such a long time and to be here to support you and to pay tribute to you as your Home Secretary this year.

    This morning’s reception, I’m told it was actually the first Downing Street reception that the new government has held and I think that could not be more fitting. I could not think of a more fitting group of people to be there being honoured in Downing Street this morning. I bring you good wishes from the Prime Minister who’s obviously abroad today and pays tribute as well, because the reason I have attended so many Police Bravery Awards in so many different roles in the past is because I think it’s so important to respect and recognise the work you do, and because the stories are always so inspirational, often so difficult.

    Incredibly difficult situations that you will have faced, the extreme violence that you will have had to walk towards, the dangerous rescues that many of you have undertaken. And, they are a reminder of the work that not just you, but this is right across the country during every single day to keep us safe. We will hear so many more of those stories during the course of this evening.

    But I just want to reflect briefly on last year’s awards. And last year, I had the honour of presenting an award to officers from the West Midlands who had shown extraordinary courage wading into the icy waters at Babbs Mill Lake in an effort to save 4 children who had fallen through the ice.

    Their overwhelming emotion as they collected their reward was actually deep distress, that those young lives had been lost despite their efforts, and their thoughts with the families who had been left bereft.

    For me, that moment did capture what is so important about British policing because it was the selfless service that those officers have shown, in the most dangerous situations, and their determination to do everything that they could to try to help, and also their compassion for those who needed their help, and for those who have sought to protect, and their loved ones.

    And it’s that combination that is so special about British policing. And Tiff has said already, we do hear it so often and I heard it again this morning from I think four different people that I spoke to “well I was just doing my job.” “Well it’s just the job, anybody would have done it.”

    It’s not just a job. This isn’t a normal job. This really is a job like no other. And those of you who have been nominated tonight, have responded like no other and really gone above and beyond. To keep us safe. And that is why we all owe you so much thanks.

    So I wanted to pay tribute to all of the officers and staff across the country, who are working this evening, who are working tonight and will be working through the night to keep our community safe.

    We all know policing has faced challenges in recent years and confidence has fallen. What I want to say is that I will be with you every step of the way as we work to restore confidence, as we work to raise standards, as we work to shine a light on the incredible bravery and the incredible heroism and the sense of duty, the selfless duty, that policing shows every single day, and I will be with you in that work.

    And I will say one more thing, which is that putting the safety and well-being of others above your own out of duty can take its toll. And I have seen the tears sometimes in eyes of officers coming up to collect these awards, as they have to relive what happened and sometimes traumatic events. I know that being a police officer, it’s a great toll as a result of the things that you have to do, so that the rest of us don’t. And we owe you for that.

    And that’s why I also want to work with the Police Federation and with all of you to support police officers and staff through every step of the way. It’s why we supported Bryn Hughes’ campaign, and why I’m so pleased that we will have the Elizabeth Emblems, the first ones been given out in the course of this year, but also why I will work with you to make sure that the Police Covenant is properly implemented and respected, so we can support police officers in everything that they do.

    So 6 days into the job. The sun’s been shining. England are in the Euros. Someone told me they haven’t actually lost a match under a Labour Government.

    We have optimism and determination so we know there’s going to be serious challenges ahead, we know there will be issues around resources, there will be issues around so many different things, but actually when we stand together, with pride in that tradition, that British policing tradition, policing by consent. I’m proud, I’m so proud of British policing. I’m so proud of the work that you do. And I’m so proud as we move now, to be able to give the Inspiration Award, to be able to celebrate and pay tribute to all of you tonight, to all of you for being inspirational.

    Thank you very much.