Sentencing Bill

The reasoned amendment in the name of Robert Jenrick has been selected.

I beg to move, That the Bill be now read a Second time.

It is my pleasure to open this debate—my first since being appointed Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice. It is an honour to be back on this beat and to take up this brief. Justice has always been at the heart of my politics over the past 25 years. Far from being abstract, it runs through every aspect of our lives: our education, our health and the opportunities that people have to succeed. It has shaped my life, from studying and practising law to serving as a Minister in the old Department for Constitutional Affairs, and of course as shadow Justice Secretary.

During David Cameron’s period as Prime Minister, I was asked to conduct an independent review on racial disparity in the justice system. I grew up as a working-class kid in Tottenham and saw too many young black men end up on the wrong side of the law. I represented Tottenham during the 2011 London riots, addressing at first hand the destruction caused when peaceful protests were hijacked by violent criminals. During the Lammy review I also saw the state of our prisons, which are operating at close to maximum capacity, putting the public at risk of harm.

Public protection is exactly why we have introduced the Bill before us today. At the heart of it is the threat that the previous Conservative Government left us with: that our prisons could run of out places entirely, leaving us with nowhere to put dangerous offenders, police without the capacity to make arrests, courts unable to hold trials and a breakdown of law and order unlike anything we have seen in modern times. As Deputy Prime Minister and Justice Secretary, I will never allow that to happen, because the first duty of Government is to keep the public safe.

I broadly welcome the Bill’s provisions, which will take on the mess that the Conservatives left behind. Does the right hon. Member agree that it is important to get the right balance between the purpose of prison, particularly for violent crime, which is to rehabilitate criminals, but also to provide a deterrent and punishment, and maintaining public safety and delivering restorative justice?

That is a very good summary. We must have punishment that works, and I will talk about that later in my speech.

When we look at the record of the previous Government, and I have looked at the figures very closely, we see that the recidivism rates were running at 60%, 65%, 68%. Something is not working when people go back to prison over and over again. I got the Department to give me the figures: over 5 million offences. All those offences have victims. We have to do something about it, and the Bill will begin to get us into the right place, because the first duty of government is to keep the public safe.

But the Bill is not only about preventing an emergency; it also takes us back to the purpose of sentencing, which must be, as has been said, punishment that works—punishment that works for victims, who deserve to see perpetrators face retribution; punishment that works for society, which wants criminals to return to society less dangerous, not more; and punishment that works to prevent crime.

There is much to welcome in the Sentencing Bill, including the inclusion of restriction zone measures, which are testament to the tireless work of my constituent Rhianon Bragg and her fellow campaigners. Details need to be clarified, however. Which offenders will be automatically included? Will the measures be applied retrospectively and, if so, to which offenders? Where will the zones be in relation to victims, and how will they be used and monitored in ways that are different from the current exclusion zone arrangements?

I pay tribute to the right hon. Member’s constituents for fighting to ensure that we got the balance right. At the heart of this—again, I will come on to this, and I know it will be explored in depth in Committee—the system of exclusion zones we have effectively excludes people from areas, and a lot of women who face domestic violence, who have had stalkers or who have faced violent men have had the situation where someone has been excluded. What we are doing is turning that on its head and restricting the individual to a particular place, house or street, which will give those women much more safety than they have had previously. I hope that her constituents will welcome that, because I know it is something that domestic violence campaigners in particular were calling for.

I want to thank David Gauke and his panel of criminal justice experts for carrying out the independent sentencing review, which laid the groundwork for the Bill. It was a thorough, comprehensive and excellent piece of work. I went through it in detail, obviously, when I got into the job. I also thank my predecessor, my right hon. Friend the Member for Birmingham Ladywood (Shabana Mahmood), for her work in bringing the Bill to this point.

When it comes to prison places running out, the constituents of Members right across the House ask, “Why don’t we just build more prisons?” That is what they ask on the street. In their 14 years in office, how many prison cells did the Conservatives find? I have shadowed the Foreign Affairs brief or been in the Foreign Affairs job for about three and a half or four years, so I could not quite believe the figure when I arrived in the Department. I thought it was wrong. In 14 years in office, 500 cells were all they found—500!

Earlier at Justice questions, the right hon. Gentleman’s Department attempted to take credit for HMP Millsike—and for its 1,468 places, which were confirmed to me in a written parliamentary answer—even though it was approved under the Conservative Government. Does he acknowledge that that prison was in fact started under the Conservative Government in 2021?

The truth is that we are building places faster than the Victorians did. [Interruption.] We will have built 14,000 by 2031—

Answer the question!

If the hon. Gentleman stops baying like a child and lets me come to the point, he asks me about the Conservatives’ record and their record was this: violence up in prisons, self-harm up in prisons, suicide skyrocketing in prisons, assaults rising by 113% and assaults on staff rising by 217%. That was their record. The hon. Gentleman can look at it in detail in the Ministry of Justice figures.

Will the right hon. Gentleman give way on that point?

I will always give way to a brass neck.

The right hon. Gentleman will not remember but I used to live adjacent to his constituency, and I remember what he was like as a local MP. He did not answer my question about the 1,468 places at HMP Millsike. He accuses me of “baying like a child”, and I appreciate that when he is on the back foot, he likes to give a little nervous chuckle to avoid answering the question, but instead of deflecting, will he address the point about the prison places that his Minister claimed this morning were built by his Government when they were in fact started four years ago by the last Conservative Government?

I have to say, the hon. Gentleman has not challenged the 500 figure. He should read the Ministry of Justice releases. Five hundred! We will have 14,000 by 2031—

You won’t.

We are not in 2031. The hon. Gentleman will be allowed to stand up in 2031 and tell us if we have not achieved that, but it is our ambition and it is what we will achieve.