Kieran Mullan MP: speeches
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Speeches
- 19 May 2026 · Lord Mandelson: Government Response to Humble Address · Hansard source
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One thing this sorry episode has achieved is to make the Minister an absolute expert on warm words and platitudes. I want to go back to the issue of disappearing messages, which was raised earlier. Obviously, those messages are not retrievable, but the very minimum we should get is a detailed breakdown of all those who were asked to supply information and said they could not do so because they had disappearing messages on their phones. We are entitled to know which Ministers’ communications and which conversations are no longer accessible to us.
- 19 May 2026 · Lord Mandelson: Government Response to Humble Address · Hansard source
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Further to that point of order, while I do not have the same experience as my right hon. Friend the Member for Goole and Pocklington (David Davis), the Minister has said that the documents are ready to publish and that the only issue is securing Government time to do that on 1 June, the first day back after recess. What advice can the Speaker provide to the House on what other mechanisms are available to ensure that there is time on that day, if the Government are unwilling to allocate it?
- 28 Apr 2026 · Courts and Tribunals Bill (Eleventh sitting) · Hansard source
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It is all very well for the Minister to make that statement. Why does she think that?
- 28 Apr 2026 · Courts and Tribunals Bill (Eleventh sitting) · Hansard source
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Will the Minister give way?
- 28 Apr 2026 · Courts and Tribunals Bill (Eleventh sitting) · Hansard source
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I intervened when the Minister said she thought that extending sitting hours would make things worse. When I asked her to explain that, she then said that she thought the benefit would be minimal. That is a different point. Given that we have said there should be an extensive consultation to figure out all those things, so that it appeals to people, such that that they will want to take part in these extended sitting hours, why would it make things worse? If people are willing to do it, I just do not see the logic of that point.
- 28 Apr 2026 · Courts and Tribunals Bill (Eleventh sitting) · Hansard source
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I wish to make some brief remarks. I am keen to see suggestions of alternative approaches, but we have to be careful when it comes to discounts for guilty pleas, because there is a balance to be struck from the perspective of victims and complainants. We do not want to be in a situation where they feel that justice is undermined, particularly given the many other things the Government are doing to reduce the punitive element of the justice system. I am sure the Committee will know that thousands of serious violent sexual offenders will be getting reductions in their prison time. For example, two thirds of those sent to prison every year for rape will have their prison time reduced, and more than 90% of those sentenced for child grooming offences and similar offences will have their prison time reduced to one third. We are already seeing appalling erosions of the punitive element of the justice system by the Labour Government; I would be wary about doing anything that adds to that.
- 28 Apr 2026 · Courts and Tribunals Bill (Eleventh sitting) · Hansard source
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Thank you, Sir John. I just want to make a simple point. The Minister said that what the Government want to do does not require primary legislation, but in the same speech referred to primary legislation that we are considering today as part of introducing specialist rape courts. It is obvious to anybody that there is a requirement for primary legislation. We waited a year for Brian Leveson and we are two years into the Parliament. There are uncontroversial clauses that we have not opposed; the Government could have got on with those and passed them within six months, and they would be operating right now. I just do not think the Minister’s argument that nothing has been lost from progress on these issues because of the jury trial reforms stands up to scrutiny.
- 28 Apr 2026 · Courts and Tribunals Bill (Eleventh sitting) · Hansard source
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I rise to speak in support of amendments 59, 35 and 36 tabled in my name, and the amendments outlined by the hon. Member for Chichester, all of which enjoy our support. Our amendments seek to ensure that efficiencies and improvements to the system are made, increasing the maximum of sitting days to 130,000 and, in a different way, addressing the issue of sitting hours. We are debating the fundamental restructuring of our criminal justice system, and the Government’s central argument—the Minister has admitted that it is not the sole argument; even though most of the rest of the Government talk about this as a necessity, she thinks it should be done anyway—is that the Crown court is in a state of emergency with the backlog that we all agree is causing much distress to victims and innocent defendants alike. Amendment 59 asks the Government to take all reasonable steps to increase Crown court sitting days and address the other challenges in the system that are limiting our ability to tackle the backlog—the avoidable operational failures currently crippling our courts. We must remember that Sir Brian Leveson acknowledged that jury trials are the gold standard of our justice system. The Minister herself accepted that there was something special about them. Juries are not just a step in a trial; they are a democratic barrier between the individual and the overreach of authority. They are an important way in which citizens participate in our justice system. The Deputy Prime Minister has been one of the biggest cheerleaders of the value and importance of jury trials, describing them as a “success story” and comparing them less favourably with the magistrates courts—although I am sure he respects and understands the benefit of magistrates courts—because of the ability of 12 citizens to look at a case uniquely and without prejudice. Productivity in the Crown court has fallen significantly, and analysis shows that courts are hearing approximately 20% fewer hours per sitting day than they were less than a decade ago. In evidence to us, the Bar Council shared analysis showing that the average for which each Crown court judge sits in court each day has fallen to 3.2 hours. That is due to inefficiencies such as technological breakdown, prisoner transport delays and difficulties with interpreter services. Just getting back to the 2016-17 level of 3.8 hours would be an 18% improvement, far outstripping the much debated, but we think much fairer, figure of a 1% to 2% improvement in relation to the reforms to jury trials. If the Government were serious about efficiency, they would start by addressing the low-hanging fruit in respect of the logistical problems. Members will remember the evidence from the HMCTS civil servant tasked with running the system, asking for it to operate efficiently. He talked about listing, prison transport and sitting days as his priorities, and none of the things that he felt would make a significant impact required any changes to jury trials. Prisoner escort and custody services, as they are known, have been a strong theme of concern from a wide variety of witnesses. The figures that I have show that there were 713 ineffective trials in 2023 solely because the prison escort service failed to deliver a defendant to court on time. Reports from barristers indicate that, in a quarter of cases, their clients were brought to court more than five hours late, meaning that the trial day could not start on time or was lost entirely. That grit in the system causes thousands of hours of delays across our courts, yet the Government’s priority is to remove the jury trial rather than fix the transport contract. Another major drain on efficiency is the timing of guilty pleas. Sir Brian Leveson noted that defendants used to plead guilty at their first or second appearance, but we now see many examples of guilty pleas occurring at the fifth or sixth occasion. The Minister is right to raise that, and we accept that one element is delays in the court system that reduce the incentive for a guilty plea. We have heard evidence that defendants would say, “I just want to hold off my guilty plea until I have a last Christmas,” but that has now become, “I want another two Christmases.” So we understand the delays, but they are not the only reason and are not an insurmountable problem. Instead of removing the right to a jury, the Government should focus on improving access to early legal advice, which we know can make a big difference. We can also learn from courts such as Liverpool Crown court that have a laser focus on an approach to listing, which encourages early engagement by defendants and legal representatives alike. That has produced results with their Crown court backlogs that are nothing like the national figure. They are not alone in showing what can be done without the need to erode our jury trial rights. The Bar Council points to other successes in the system and says that blitz courts, established by Crown courts such as Preston, Liverpool, Nottingham and others, are effective. Preston Crown court’s listing of domestic abuse cases from the autumn of 2024 until this year has reduced the time between plea and trial preparation hearing, listing and trial by 16%. Ipswich Crown court’s backlog is down 28% since January 2024, and Derby Crown court’s fast-track courts are being run with a specific focus on cases with allegations of domestic abuse. That scheme has been successful, with those cases now being listed for trial sooner than when they might have been otherwise. We also received evidence that the circuit in Wales does not have a backlog that is anything like the rest of the country, which shows what can be done. The Government promise that judge-only trials will be 20% faster, but that figure is based on highly uncertain assumptions and anecdotal evidence. We have made the argument in Committee that there might be savings up front, but we could lose those savings in the time taken by judges to deliberate and provide their summation, which we should also weigh up. Amendment 59 relates to all the things that could be done to improve efficiency without necessarily having an increase in sitting days, but we cannot support the removal of constitutional rights while we have not even hit the maximum sitting days target that Sir Brian Leveson recommended. Amendment 35 would require the Government to demonstrate that they have funded at least 130,000 Crown court sitting days before they can commence their reforms. That figure is the target number that Sir Brian says the Government should seek to achieve if they want to bring down the backlog. Our amendment would require HMCTS to assess that those sitting days have, as far as possible, been fully utilised, and that ties in with amendment 59. It is no good the Government funding, in theory, a maximum number of sitting days if they are not able to utilise them for various reasons, some of which I have covered. Amendment 35 would also require the Lord Chancellor to make a statement to the House confirming that, even after those steps have been taken, the number of cases pending trial has not been reduced compared with the start of the financial year. We are essentially putting forward a litmus test. If the Government want to say that they have no other options and that there is no other way to do this, they should at least take the steps recommended by Sir Brian in terms of efficiencies, reforming how the system operates and having the maximum number of sitting days, which they have to get to at some point anyway if they want to argue in support of Sir Brian Leveson’s report as a litmus test for what is sufficient. If the Government are confident in their analysis, they should have no difficulty meeting that test. I know the Minister will talk about the time it will take to reach that point, but the dial can be pushed both ways. I do not think the Government are seriously suggesting that the jury trial element of the reforms will make a drastic difference to the backlog in the next one or two years. As we have discussed, the time saving of the jury trial element on its own is not that significant. Amendment 36 has a different approach, but seeks to make the same point as new clause 4, tabled the hon. Member for Chichester, which relates to having two court sittings a day. Our amendment 36 asks the Government to approach another possible alternative reform of the operating hours of our courts—specifically, the potential for extending court sitting hours and introducing weekend sittings. If we are in a state of emergency, as the Government claim, our response should focus on maximising the use of our existing infrastructure, rather than dismantling the rights of the citizen. At present, our Crown courts often operate typically between 10 am and 4.30 pm. It is difficult to justify a policy that removes the right to a jury trial—a move estimated to save perhaps as little as 1.5% to 2.5% of court time—when we are leaving so many hours of the working day and the entirety of the weekend completely unutilised. Working normal business hours such as 9 to 5, or even utilising Saturdays for specific types of hearings, could provide a far more substantial reduction in the backlog than the structural reforms proposed in the Bill. We recognise that a possible move towards extended or weekend hours must be handled with extreme care. That is why we proposed amendment 36, which would require the Lord Chancellor to undertake a comprehensive consultation on the potential introduction of extended sitting hours before the reforms can commence. Operational changes of this magnitude cannot be mandated from a desk in Whitehall without understanding the impact on the human beings who keep the system running. The consultation would address the practical realities that will determine whether such a system is viable and sustainable, including the availability and wellbeing of HMCTS staff, who are already under significant pressure; the level of fees and remuneration required for legal professionals and court staff to work non-standard hours; and the impact on legal aid practitioners, many of whom, as we have discussed, find the challenges of working in criminal legal aid difficult. We must ensure that those who would be asked to work in this way—judges, barristers, solicitors and court staff—believe that any such plans are appropriate and supported by proper resourcing. To impose extended hours without their consent and without addressing the current crisis in retention and recruitment would potentially be counterproductive, rather than a benefit. Where could we look for an example of how this can be done in a way that is welcomed by staff who want to increase their income in a fair way? I was glad that the Minister raised the example of the NHS, which has an equivalent issue with waiting lists as we do with Crown court waiting times. The NHS uses weekend operating as a core part of its elective recovery strategy. To be clear, the NHS has always been a 24 hours a day, seven days a week service for urgent and emergency care, but it specifically uses additional, elective, planned operations. By opening facilities 7 days a week, the health service aims to maximise the use of expensive equipment and theatre space that would otherwise sit idle. I am sure that every Committee member can see the direct read-across. The Crown court is an expensive space with expensive equipment that sits empty and unutilised in what the Government describes as a crisis. A national programme in 50 hospitals runs what is called a weekend hitlist once a month. That approach focuses on one type of procedure a day, such as 24 endometriosis surgeries in a single weekend. It was pioneered by Guy’s and St Thomas’ foundation trust—the trust that looks after many of us when we are not well—and it is now being scaled up nationwide. The approach uses high staffing levels, rigorous pre-op assessment and enhanced theatre utilisation. Again, the read-across could not be more direct. We could have courts with trained staff to consider particular types of cases that had been assessed in advance as suitable for such sessions. Those courts could be set up to make the most of that, whether it is a Saturday or an evening. It is not just in those approaches that we see the Government and the NHS thinking more innovatively about how to make use of resources. Many of us now have community diagnostic centres in our constituencies. I know from when I was a junior doctor that, previously, it was extremely difficult to organise certain types of scans out of hours. The NHS have reformed the whole approach so that such tests, which had typically been restricted to just the working day, can now take place seven days a week to maximise capacity.
- 28 Apr 2026 · Courts and Tribunals Bill (Eleventh sitting) · Hansard source
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It is a pleasure to serve under your chairmanship, Sir John. We are all here because we recognise that the current state of our criminal courts is untenable. Complainants and defendants alike are facing unacceptable delays, and victims and innocent defendants are suffering as a result. The Government’s response, as set out in the Bill, is a radical restructuring of our trial processes, most notably in the removal of the right to a jury in a vast number of cases—around half, in fact. We believe there is a strong obligation on the Government to institute a more targeted, and potentially more effective, way to address the specific delays that they most frequently cite, through the establishment of specialist courts for rape and serious sexual offences. The Minister herself raised this issue in the Chamber on 7 January. When talking about jury trial reforms, she said: “Does it make sense that the queue of the victim of rape or of a homicide is shared with someone who has stolen a bottle of whisky”? —[ Official Report , 7 January 2026; Vol. 778, c. 278.] In December, the Deputy Prime Minister and Lord Chancellor said: “if someone is charged with an offence such as theft of a bicycle, theft from a vehicle or employee theft, they can opt for a trial that, by necessity, goes into the system and will delay a rape trial”. —[ Official Report , 2 December 2025; Vol. 776, c. 807.] That point has been made by a number of Labour MPs, including the hon. Member for Bolsover (Natalie Fleet). The Opposition have been clear that that is an oversimplification of how the listing process works, and that some of those examples are extremely unlikely to be in the queue in the Crown court, except for in specific circumstances. Nevertheless, the Government have been advancing that case. A commitment to introduce specialist courts was actually in the Government’s manifesto. By fulfilling the promises made to the electorate, the Government can deliver swifter justice for a group of victims they have centred in the debate, without dismantling the constitutional right to elect for jury trial. The Government’s proposals to halve the number of jury trials was not in the Labour party manifesto, but on page 67 there was a commitment to “fast-track rape cases, with specialist courts at every Crown Court location in England and Wales.” It could therefore be argued that—as much as we can debate what in an entire manifesto the public vote for—the public voted for a system that would prioritise these types of cases through specialisation and resourcing, and did not vote for a system that would instead prioritise administrative throughput by removing the right to elect to be judged by one’s peers. Sometimes, Governments do things that were not in their manifesto one way or another, or were not touched on in any way, but it would be difficult for people to argue that the public had a specific idea that they were not going to get certain things. However, if a Government put in their manifesto a particular element of direct relevance, as they did in relation to specialist courts, the public would have every right to be aggrieved if something entirely different, and significantly so, appeared as Government policy instead of what was in the manifesto. Opposition new clause 25 asks the Government to return to their original vision. It is similar to the other new clauses tabled by the Lib Dem spokesperson, the hon. Member for Chichester, and by the hon. Member for Warrington North. They are crafted in different ways—for example, new clause 2, tabled by the hon. Member for Warrington North, is more prescriptive about how the courts would operate—but the intention and outcome are essentially the same. Specialist courts equipped with trauma-informed training and access to independent sexual violence advisers would recognise the unique complexity of these cases in a way that a simple bench division cannot. As I have said, the Government frequently refer to the experience of rape victims waiting years for justice as a significant justification for restricting jury trials. They argue that moving towards judge-led trials in 50% of cases will streamline the process and reduce the backlog, but the evidence for the broader claims of efficiency is highly contested. Independent analysis by the Institute for Government suggests that judge-only trials in the Crown court might save as little as 1.5% to 2.5%— [ Interruption. ] The Minister is right to say, and I do not mind accepting, that the saving is higher for the broader package—that has never been a point of dispute—but we are less concerned about the broader package, and there are things in it that we agree with. We are concerned about the much smaller saving that the IFG has pointed out. The Criminal Bar Association has pointed out that the Government’s modelling assumes that the trials will be completed twice as fast as is realistic. We must ask whether the trade-off is proportionate, especially when there is another option.
- 28 Apr 2026 · Courts and Tribunals Bill (Eleventh sitting) · Hansard source
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The Minister is in danger—there is a bit of a pattern here—of wanting to have things both ways. She is suggesting that waiting for Brian Leveson’s review, and the parliamentary time and effort going into the legislation, has had no impact or delay on the measures regarding specialist rape courts, which were in the Government’s manifesto and they could have just got on with from day one. That really stretches credibility. The Government must accept the consequences of their decisions. If they have decided that the erosion of jury trials is the way forward, they should just say that and accept that there has been a negative consequence on their manifesto commitment to introduce rape courts. The Minister cannot say, “We’re pretty much doing what we would have done anyway, and this is all fantastic from both sides of the paper.” It is really not.
- 28 Apr 2026 · Courts and Tribunals Bill (Eleventh sitting) · Hansard source
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The Minister is correct. That is the only time I have referred to it more broadly; I have been consistent throughout in saying that it is a system with significantly less access to jury rights than there is at present. There is a third way: to take the path towards operational excellence and better placed resourcing. We should not trade a centuries-old right for a 1.5% efficiency gain on a Government spreadsheet.
- 28 Apr 2026 · Referral of Prime Minister to Committee of Privileges · Hansard source
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I refer the hon. Member to the words of Mr Speaker earlier. It is the Speaker who decides whether a privilege motion goes ahead. The hon. Member is criticising Mr Speaker for having allowed it.
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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I wish to speak briefly in support of the principle that different approaches to case management and ways of working are making a difference in a number of areas. The Committee has had extensive back and forth about the fact that backlogs are actually coming down in certain locations. There has been debate about whether that is just a seasonal trend that we see at some points in the year; we will have to wait to see whether that is the case. We have also spoken about the approach to case management in Liverpool, and this morning I read out various statistics from other courts that are bringing the backlogs down. I think new clause 7 drives at the same point; other measures are already showing benefits before the passage of this legislation, and we should prioritise them.
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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I have just one remark to make. I draw the Committee’s attention to the submission we received from the circuit in Wales. Clause 25 is about the territorial extent of the Bill, and the circuit pointed out that it feels the Welsh system has been unfairly caught up in these reforms, which it does not think are applicable in terms of the need to reduce waiting times. It is important that the Committee makes note of the evidence that was submitted to us. I join the Minister in thanking everybody for their time and deep concentration when listening to the exchanges throughout. I thank the Clerks who have assisted us over the many days, including during a late sitting. I thank the House staff in that regard, and I thank the Minister for the constructive manner in which she has engaged with feedback and proposals from this side of the House.
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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Interestingly, we have been told all along that this is about the complexity of cases, yet the evidence is that the number of hours that things have been looked at has shrunk. To me, that is a much bigger issue. If we have fewer hours in a day to operate, of course it is going to take longer to get through complex cases.
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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The Minister opened her remarks by saying that the scheme applies only to certain cases in the Crown court. The point that the Opposition make is that it will no longer apply to some of the cases to which it would apply now. The Minister has given figures. If the scheme is configured in the right way, and sufficiently constrained to just pick up those cases that are moving, it should not necessarily lead to any increase in the number of cases referred, so I do not accept her argument. I would not expect the Minister to know this—she has given a single set of figures—but I would be interested in the historical trend, and the number of applications in the preceding few years. It would be helpful if she could give those figures. I also want to make clear—I have been quite clear about this with other stuff that we have done on the ULS scheme—I think it is unusual that the scheme is available to absolutely anybody. I would be open to any expansion or modification being constrained just to victims and family members. I think that I have made that clear in relation to other reforms. That brings me to the Minister’s point about the Law Commission. That was the answer I was given repeatedly over very many months by the Victims Minister as to why the Government would not make reforms to the scheme, yet they accepted such reforms last week as a result of pressure. If the Minister insists that that is the route forward, I ask her to write to the commission. I point out the reforms that the Minister is making, which will not have been in the terms of reference for the Law Commission. At the point at which it started that work, the reforms were not even on the operating table, so it is important that the Government write to the commission and make clear that they would welcome it expanding the matters that it is considering to include this question, which would have been novel to them at the point of that undertaking. I have learned from our experience with the other element of the ULS that, I am afraid, one should just keep pushing and pushing on such issues, so I will put the new clause to a vote. However, I have given some points on which I ask the Minister to go away and reflect to determine whether there is a way forward that can be satisfactory to both sides of the House at some point in future proceedings. Question put, That the clause be read a Second time.
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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I beg to move, That the clause be read a Second time. If you will indulge me, Dr Huq, I want to congratulate the hon. Member for Rugby on the news that he has been appointed as a trade envoy. We can all recognise that he has put an enormous amount of work into that. The Opposition think that he is amazing at selling the unsellable; he does it all the time. If he has British products to sell, he will be amazing at it. He should just double check that he is going to the south of Korea, rather than the north. As we have said before, we are debating a Bill that represents one of the most significant reconfigurations of our criminal justice system in modern history, and it is therefore unsurprising that we feel that other contingent parts of the system need to be considered in that light and adjusted accordingly. As we expand the reach and punitive power of the magistrates courts, we must ensure that our procedural safeguards in both directions keep pace with that expansion. That is the core purpose of new clause 26, which proposes to extend the unduly lenient sentence scheme to triable either-way offences, which will now be increasingly retained and sentenced at the summary level. If we can trust magistrates with the power to deprive a citizen of their liberty for up to two years, the public must have the assurance that there is a mechanism to correct sentencing decisions that fall in the other direction by being unduly lenient. The Government have occasionally attempted to reframe their reforms as affecting only low-level or petty crimes such as shoplifting, but the reality of the triable either-way category is very different from that. As the Criminal Bar Association and JUSTICE have pointed out, some of the offences that will be almost exclusively in the jurisdiction of the magistrates courts include unlawful wounding, actual bodily harm and, as we have discussed, even some sexual assault cases. Those are offences where the impact on the victims can be very significant. For some time, I have been aware of dissatisfaction in many ways with the punitive element of our justice system, and whether it sufficiently punishes perpetrators in a way that victims and the wider public would consider to be justice. That is one of the reasons why the unduly lenient sentence scheme exists. In the Crown court, sentencing outcomes are subject to the oversight of the Attorney General’s office through the unduly lenient sentences scheme. It is an essential safety valve that helps contribute to public confidence by allowing the public—it has always been open to the public—and, most importantly for me, victims and family members to refer unduly lenient sentences for consideration by the Court of Appeal. As I have talked about previously, I have made it use of it and so have other Members of the House, so it is important. It would be illogical to allow offences with the same potential gap in public confidence in the outcome to be without this equivalent safeguard, simply because the Government have decided to change the likely venue of trial in so many of these cases. The need for the extension is further underscored by the evidence on the rate of appeal of sentences from the perspective of defendants. About 47% of appeals against sentences from the magistrates courts result in a change. Those figures are not marginal; they indicate that the lower courts fall into meaningful error in nearly half of the cases where they are challenged. That is from the perspective of the defendant—that is, the person found guilty—appealing the sentence. There is nothing to suggest that, if victims were given a similar opportunity to challenge sentences, no similar rate of error would be found from their perspective. That is, at the very least, of equal importance to someone who has campaigned significantly on behalf of victims in sentencing. For me, it is probably the more important of the two. Historically, one of the primary arguments against extending the ULS scheme to magistrates courts was a practical one: there was no comprehensive record of the proceedings and sentencing decisions were often delivered without the detailed recorded remarks that characterised the Crown court. However, the Bill fundamentally changes that landscape. Schedule 2 introduces proposed reforms to introduce a mandatory requirement for audio recording and the provision of transcripts in the magistrates court. The Government are making this change to support their new appeal model, recognising that a fair system cannot function without an accurate record of what was said and decided. This move towards digital transparency is a game changer for sentencing accountability for victims as well. As the Minister herself noted, sunshine is the best disinfectant. Once we have a reliable audio record of the sentencing remarks and the mitigations offered, the logistical barriers to reviewing a sentence for undue leniency from a victim’s perspective and that of the wider public falls away. We will, for the first time, have the infrastructure to allow the Office of the Attorney General to scrutinise sentences with the same precision applied to the Crown court. We should use this new capability to ensure that the sentencing code is applied fairly. Extended sentencing powers must be matched with extended accountability. If a magistrate is given power more akin to a judge, then they must be subject to the same oversight of their sentencing decisions. New clause 6 is not about creating more work for the Court of Appeal; it is about ensuring that, as we redraw the boundaries of our legal system, we do not leave victims of serious crime behind in a two-tier justice system where leniency cannot be corrected. In summary, the proposals to extend the ULS scheme to either-way offences is a necessary and proportionate response to the Government’s radical restructuring of the trial process. Magistrates will soon be passing sentence on much more serious offences where the interest of victims will be of even greater concern. The record is improving to allow this to happen at the same time and it is common sense that there is consistency. I do not think there is a rational basis for excluding more serious offences from the ULS scheme simply because of the venue. We should not wait for a high-profile case where a victim is concerned and able to seek redress in the way that they might in the Crown court. I ask the Minister to be proactive. I can understand that the Minister would perhaps argue for a more gradual approach—and perhaps not applying it to every single case might be a compromise that the Minister could bring forward. Perhaps it should be for the more serious of these less-serious, more-serious cases. However, I certainly think that we can have some kind of progress.
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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As I have alluded to several times, the Conservative party is considering more broadly how we tackle judicial accountability in all its different elements. It would be premature for us to settle on this new clause if, as the hon. Member for Chichester pointed out, it had to be necessarily narrow to fit in the Bill. On that basis we will not vote for it. We are not against it as an idea, but we need greater time to think about accountability and performance in the justice system in a more comprehensive way.
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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My new clause 24 and new clause 18 in the name of the hon. Member for Chichester seek to achieve a similar outcome. Although there is broad agreement that the backlog is a challenging issue that must be addressed, we believe that any measure that curtails jury trial rights in such a significant—and, I would say, unprecedented—way should be proportionate to the problem it seeks to solve and be used only for as long as absolutely necessary while we are presented with this problem. Therefore, we propose a sunset clause to ensure that the powers expire once the court backlog has returned to pre-pandemic levels for a sustained period. A sunset clause is a measure in a statute that provides for a law or specific provisions to cease to be effective after a predetermined date, or once a specific condition is met, unless Parliament takes further action to renew them. Although they have experienced a resurgence in recent decades as a tool for managing extraordinary or controversial measures, sunset clauses have been employed by Parliament since at least 1500. Historically and in contemporary practice, they serve vital democratic functions. They are used to facilitate the passage of controversial legislation by assuring critics and the public that the measures are temporary, rather than a permanent erosion. They act as a safeguard for democracy, particularly when emergency legislation is required, by preventing the normalisation of extraordinary powers. Furthermore, sunset clauses create a more formal trigger for post-legislative scrutiny, forcing both the Executive and the legislature to revisit their assumptions and evaluate whether a law has been effective before deciding whether to prolong its life. The Terrorism Act 2006 and the Terrorism Prevention and Investigation Measures Act 2011 both utilise sunsetting or recurring renewal requirements to ensure ongoing parliamentary oversight. More recently, sunset clauses were used in covid-19 legislation to ensure that restrictive measures did not extend longer than necessary. The UK Coronavirus Act 2020 contained a two-year sunset clause and a requirement for six-monthly reviews to determine whether temporary provisions should expire early. When considering radical changes to our trial system during a time of crisis, we should look to our history for a more direct precedent. During world war two, a period when our continued existence as a free nation was genuinely uncertain, the Government of the day did not choose to radically cut down the use of jury trials or erode the right of the citizen to elect to be judged by their peers. Instead, they reduced the number of jurors from 12 to seven. Importantly, that was a temporary adjustment. As soon as the Nazi threat was defeated, the Government of the day restored the number of jurors to 12. That demonstrates a principled understanding that emergency measures taken in response to a temporary crisis should be reversed once that crisis is resolved. In contrast, the measures before us today regarding the erosion of jury trials and the abolition of the right to elect are drafted as permanent changes to our statute book, with no built-in mechanism for their reversal once the backlog is managed again. As I have said, that is a significant departure from the most closely related historical example of what we did during even the darkest days of the 1940s. Our sunset clause would tie the duration of these reforms to the very problem they are intended to fix. The Government’s case is that these are necessary, backlog-driven measures, and it is entirely consistent to state that they should expire once that backlog is brought down to a more historically normal level, which we define as the pre-pandemic level—a level that the system was able to manage sufficiently, if not perfectly, without the need for structural erosion of the right to a jury.
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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I rise to speak briefly in support of the new clause. Whenever we talk about narrowed elements of a transcript, I always think to myself that, in giving these remarks, the judge will hopefully have written them down and not be doing these sorts of things off the top of their head. That is why I struggle to understand why these more limited elements are not more meaningful and easily available. If a judge does not happen to write these sorts of things down, I do not think it will be much to ask them to do so and to make it so that the transcript can be quickly and easily checked. I appreciate that the hon. Member for Chichester will not press the new clause to a vote, but as she mentioned, in any opportunity we get we should push the issue of transcripts. It is particularly important in relation to, as we will come to talk about, the unduly lenient sentence scheme, because all these things would help somebody, in theory, to give an appeal a shot. If they do not have that sort of thing, it is much more difficult.
- 27 Apr 2026 · Child Maintenance Payments: Non-compliance · Hansard source
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Every year, millions of pounds of child maintenance go unspent, not including deductions for money hidden away and parents who pretend they cannot work. As far as I am concerned, if someone has children and they can pay towards their maintenance, they absolutely should. Enforcement is not working, because the Government treat it like an unpaid utility bill rather than a moral obligation that people have towards their children. I would like the Minister to revisit his suggestion that the Government would need primary legislation to use curfew orders, as that is not my understanding. If all the other measures are not working, why should someone who does not pay for their own children be able to go out on the lash on a Friday and Saturday night when the Government can stop that happening?
- 27 Apr 2026 · Child Maintenance Payments: Non-compliance · Hansard source
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7. Whether he plans to introduce curfew orders for parents who are non-compliant with child maintenance payments.
- 27 Apr 2026 · Northern Ireland Troubles Bill (Carry-over) · Hansard source
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Will the Secretary of State give way?
- 27 Apr 2026 · Northern Ireland Troubles Bill (Carry-over) · Hansard source
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The Secretary of State will have to work extremely hard to secure the trust of veterans on both sides of this argument. If he cannot clearly condemn what are clearly outrageous remarks about our armed forces personnel, how does he expect them to trust him?
- 27 Apr 2026 · Northern Ireland Troubles Bill (Carry-over) · Hansard source
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Does my hon. Friend agree that any Government Member, including Ministers, who wants to be taken seriously by armed forces personnel needs to condemn the remarks of Lord Hermer and the disgraceful disparaging of our armed forces?
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