Kieran Mullan MP: speeches 2026

Speeches

• 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?

• 27 Apr 2026 · Public Office (Accountability) Bill (Carry-over) · Hansard source

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  Let me say at the outset that the Opposition continue to support the broad aims of the Bill, as we have done throughout its passage. We recognise the importance of candour, transparency and accountability in public life and recognise the long and determined work of those campaigners, including the Hillsborough families and others who have fought for many years to ensure that where public bodies fail, evade, conceal or mislead, there are proper consequences. That principle remains an important one, and it is not a partisan principle. It is not owned by any one party or Government; it is a basic requirement of good government and of public confidence in the institutions of the state. As has been recognised throughout the passage of the Bill, legislation on its own cannot guarantee the cultural change that is needed. We have already introduced duties of candour in parts of the public sector—for example, the NHS—and have taken steps in recent years in policing to improve accountability, as well as creating the office of the independent public advocate, but questions remain about whether the system works as it should when it really matters. The lesson from Hillsborough, the infected blood scandal, the Post Office scandal and other serious institutional failures is that, yes, the legal framework matters, but so do culture and practice. For that reason, we want the Bill to progress and the areas of consensus to move forward, so we do not intend to oppose this carry-over motion. We have consistently taken part in proceedings in that matter. What I say next is not a criticism of the approach of campaigners, or indeed of the many Labour MPs who have been sincere and consistent in their campaigning on this issue over many years, including the hon. Members for Liverpool West Derby (Ian Byrne) and for Liverpool Garston (Maria Eagle). The Government have utterly mishandled this legislation from start to finish, which is why we are here today, six months on from Second Reading, with a Bill pulled at the last minute—and with broken promises. I do not expect Labour Members to relish joining me in that criticism. The Minister will, I am sure, say that the Government have at least brought a Bill forward, as if that were a blank cheque for the manner in which these proceedings have been conducted. I have some sympathy for her—she has been put into difficult situations—but trust has been damaged on all sides. Even though this Bill is about trust, candour and whether the public can believe what they are told by those who exercise power on their behalf, the process by which the Government have pursued the Bill has too often fallen short of the standards that Ministers say they want to impose on others through this legislation. The Prime Minister announced the Bill last September at party conference, and gave the clear impression that families and campaigners were content with the detail on the approach being taken. The House should remember that it had been widely reported several months earlier that a draft Bill had been rejected by campaigners. What else could we have reasonably assumed other than that those concerns had been addressed? It has since become crystal clear that campaigners were in fact not satisfied with the draft proposals, and that their support was conditional—as I understand it, they made that clear to the Government—but the Prime Minister wanted his big announcement and proceeded anyway. The Hillsborough Law Now campaign has explained its view: the delays since January have been caused not by the families or campaigners, but by disagreements within Government and by objections from the Cabinet Office, the security services and others. All that should surely have been dealt with prior to the drafting, publication and big announcement of the Bill, and the fact that it was not is why we are debating this carry-over motion. On more than one occasion, we were presented with a version of the Bill that the Government told us was the only possible approach to the inclusion of the intelligence services—until it was not. We were told that the balance had been struck, but then the Bill was withdrawn and there were reports of further changes. The issues relating to the security services could not be more serious. The Government cannot have it both ways; they cannot tell the House at one stage that the Bill they have published is the only responsible approach to the inclusion of the security services—and marshal the leaders of the security services to say the same thing—before moving away from that position without properly explaining what has changed, why, and whether the earlier assurances given to Members were sound. The Opposition have always accepted that national security raises real and serious issues; there will be material that cannot be handled in the same way as ordinary departmental papers, as well as operations, sources, methods and relationships with allies that require safeguards. Any responsible Government must take that seriously. It was a Conservative Member—my hon. Friend the Member for Huntingdon (Ben Obese-Jecty)—who asked how those provisions might apply to elements of the armed force, and those elements were then included in the Bill very late in the day. That is another issue that should have been properly thought through before the Government reached the point of withdrawing the Bill in January, which has led us to this carry-over motion. This is part of a broader pattern. We have seen a lack of candour from the Lord Chancellor when he has been asked about prisoner release, and tomorrow we will debate the candour and honesty of the Prime Minister. I have absolutely zero faith in this Government—zero. The Bill is literally about candour in public office, but this process has left campaigners, Members and the public unclear about the Government’s position from one month to the next. The Government should not be surprised, then, that we will not simply accept assurances about the Bill at face value. Assurances are not enough; the test will be the text of the Bill, whether Ministers can explain clearly and consistently how the Bill will operate in relation to our security and other services, and whether the Government can show that they have balanced transparency, accountability and national security in a workable, principled and robust way. I hugely respect the Hillsborough Law Now families and campaigners, but I am not afraid to say that they may well not be entirely satisfied by this law. A responsible Government must sometimes say that to campaigners, but this incredibly weak Prime Minister is not able to do so. The families and campaigners who have fought for this legislation deserve better than drift, confusion and mixed messages; they deserve frankness and candour. If the Government are not willing to do everything that the campaigners ask, they should just tell them so and get on with it. The public deserve legislation that is not merely well intentioned but clear, workable and effective. As I have explained, we will not oppose the carry-over motion, but we will scrutinise what comes next with the seriousness that the subject demands and the scepticism that the Government’s handling of the Bill has regrettably earned.

• 27 Apr 2026 · Draft First-tier Tribunal (Property Chamber) Fees (Amendment) Order 2026 · Hansard source

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  Let us say that a landlord proposes to put someone’s rent up by £100 a month, and that it might take two months for the case to be heard in tribunal. They are therefore going to be £150 better off, even if they pay the £48 fee, if they wait for two months and the case goes to the point of a ruling. That is the criticism made by the Master of the Rolls. What is the counter-argument to that? Why would people not simply lodge an appeal knowing that they will make that money back and be in the black on the back of it?

• 27 Apr 2026 · Draft First-tier Tribunal (Property Chamber) Fees (Amendment) Order 2026 · Hansard source

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  It is a pleasure to serve under your chairmanship, Dr Murrison, and to respond on behalf of the Opposition in this Delegated Legislation Committee. It might seem that this is a narrow measure, but, in reality, the draft order is part of a poorly implemented Act of Parliament. As the Minister explained, it introduces a £47 application fee for rent appeals, a £47 application fee for succession of assured tenancy rights and a £200 application fee, plus a £300 hearing fee, for financial penalty appeals, which are where landlords appeal civil penalties imposed by local authorities. That reflects the expanded scope of rent repayment orders under the Renters’ Rights Act, so it is clearly not an isolated change. The order is being introduced because, as the Minister described, Government legislation is creating new routes into the tribunal system, and Ministers need to introduce a fee structure to go with those routes. There are two immediate problems. The Government have not done an impact assessment for the order because, they say, no significant impact is foreseen, but that is hard to accept. The order introduces new fees into a system that the Government are making more widely applicable, and it is doing so in a sensitive area where access to the tribunal may matter a great deal to tenants and landlords alike. It simply does not look credible to say that there is no significant impact worth assessing. The Opposition have been clear for some time that the Government’s rental reforms will put more pressure on the courts and tribunals system before it is ready. Regardless of the changes that the Government make to the fee structure, such relatively minor, short-term changes in the income available to courts will not change that situation overnight. Our court system is simply not in a position to manage the influx that is likely to result from the Act, but Labour is pushing ahead without first showing that the wider justice system can cope. The Government are adding further operational pressures to the property chamber at a time when there are already problems across all elements of His Majesty’s Courts and Tribunals Service. The Government should deal with those broader pressures first, not build new demand into the system and adjust the fee structure around it. There is also real concern about incentives. Geoffrey Vos, the Master of the Rolls, has warned that the rules under the Renters’ Rights Act could incentivise tenants to apply to the first-tier tribunal in respect of every rent increase, simply to delay its implementation. That is because even when a rent increase is upheld, it will take effect only from the date of the tribunal decision, not from the date of the notice being served, meaning that even unsuccessful challenges could delay higher rent payments for months. If that is the case, Ministers may be creating a much greater volume of tribunal work than they are willing to admit, and I would be grateful if the Minister would respond to that particular concern, which was raised by someone with significant credibility.. The broader truth is that Labour is failing to listen to those who understand the sector. No serious impact assessment has been done, there have been clear warnings about incentives and workload, and there are longstanding concerns that the wider Act will reduce supply and increase rents, yet Ministers are pressing on regardless. Our objection to the order is straightforward: it is not just a technical amendment, but part of a wider framework that places more reliance on a tribunal system that is already under strain. It comes without a proper assessment of impact, and helps to implement a wider Act that we believe will leave the rental market less, not more, stable. For those reasons, the Opposition cannot support the order.

• 27 Apr 2026 · Lord Mandelson Humble Address: Government Response Update · Hansard source

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  I politely say that the Minister’s overly sincere, butter-wouldn’t-melt-in-his-mouth act is beginning to wear thin—the way he suggests that the process he is going through has not put a foot wrong. He has repeatedly failed to answer questions that I put to him with candour around Mandelson, despite the fact that this evening we will pass a Bill that makes it law for Ministers to answer questions. Can I follow up on the questions around mobile phones? Ministers will be asked whether they have any communications left on their personal phones. Are they also being asked to tell you, and will we be told, if those messages have disappeared because they have disappearing messages on their phones?

• 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source

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  As we have heard, clause 15 clarifies the use of pre-recorded evidence for cross-examination and re-examination, which is often referred to as section 28 evidence. Our courts frequently rely on recorded testimony to spare witnesses the trauma of a live trial, so the rules governing the editing and presentation of that evidence must be clear and robust. Clause 15 provides clarification on the circumstances under which a video recording may be edited before it is admitted as evidence in a trial. Editing may be required if certain procedural requirements were not met during the recording being taken, or if specific portions of the material are deemed inadmissible or contrary to the interests of justice. The clause requires the court to perform a delicate balancing act, weighing any potential prejudice towards the accused against the desirability of presenting the whole, or substantially the whole, recorded examination. A clearer statutory footing for editing is welcome, but it must be applied with consistency and transparency. If recorded evidence is to protect witnesses properly, the rules for its use must be as rigorous as those for live evidence. We must acknowledge, as we discussed earlier in respect of screens, the highly variable state of court technology. In my time on the Justice Committee, I visited courts and heard that they sometimes did not have the screens necessary to show evidence. There is a huge difference between a poky little TV of low granularity and a proper screen for showing video evidence to the jury. Sir Brian Leveson’s review and others have highlighted that malfunctioning or substandard equipment can derail trials or create grounds for appeal when it comes to the use of pre-recorded evidence. Without reliable hardware and skilled technical staff—I also heard about the challenge when something goes wrong and there is no one available to fix it—the legal clarification in clause 15 will remain theoretical rather than practical. My final point is about the guidelines, which the Minister talked about. We must ensure that they are sufficiently detailed, rigorous and standardised, so that, notwithstanding the further clarifications in the clause, they are suitably consistent in their application. What are the Government’s current plans to address the technological challenge on the court estate in relation to section 28 recordings? What steps will be taken to ensure that all parties have time to review and potentially challenge edited versions of recordings before they are played to a jury? The ability to challenge is vital to ensuring consistency and fairness.

• 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source

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  I rise to speak in enthusiastic support of the clause. If we were starting from scratch, would we deal with this issue in primary legislation? I expect not. I do not know the history of why the approach of the time was followed, but it seems that the matter should be addressed flexibly via regulations. Members will have heard us argue vociferously against the use of both positive and negative regulations in different contexts, but it seems appropriate in these circumstances. The proposal reflects the changing nature of how people work, interact and fulfil their role as magistrates. We want to support and accommodate that in a way that is not over-rigid. Of course, there will be opportunities for scrutiny of the legislation to come. Even though we have talked about the significant limitations of the negative procedure, scrutiny is still an option in theory if something were proposed that that we really were not happy about. Considering the stakes of this issue, that is a proportionate approach.

• 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source

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  I ask the Minister to think about everything I said about the previous amendment. The Minister mentioned that there is a definition in the Bill. However, “definition” is open to interpretation. The Bill just says: “an individual who performs a role which involves the provision of support to witnesses in criminal proceedings or victims of criminal conduct, where the support relates to those proceedings or that conduct.” It seems to me that that could be anyone who says that they perform a role in supporting a witness. It is extremely open. The Minister rightly pointed to two specific roles that are well recognised and understood. However, the Bill does not say that—it does not say “IDVAs or ISVAs”; it just says an “independent supporter”. Questions about the previous amendment also apply here: what in the definition means that it could not be someone’s family member? There is not any kind of specification. My understanding was that there might be further definition in secondary legislation. Could the Minister clarify whether there will be an attempt at further definition, either in secondary legislation or in criminal practice rules? I do not think that the definition is suitably robust at present. The Minister is not using it—because when the Minister is talking, she refers to the two very well-established and recognised roles that we all understand. However, that is not what is happening in the clause. We are minded not to oppose the clause, but it appears to suggest that anyone can be an independent supporter. It does not even say that the court must test that; it suggests that if someone says they are an independent supporter, they are in. That cannot be what the Government intended. To avoid an unnecessary vote, perhaps the Minister could offer further clarification, unless I have misunderstood and there will be secondary legislation that provides further definition.

• 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source

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  On the basis of that discussion, the Opposition do not oppose the clause. We can explore the issue on a good faith basis. I do not think it is critical to the importance of the Bill, so we are happy to proceed. We would, however, welcome some further clarity.

• 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source

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  I wonder whether the Minister might reflect on that. I think there would be good reason to say that the supporter should not really be a family member. That is not how the system has been operating at present; it has been operating with professionals. I take the Minister’s point about the preceding clause, but the Government should perhaps be clearer about what they expect. I would not be neutral about whether a family member should sit with someone in that situation.

• 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source

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  Will my hon. Friend give way?

• 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source

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  As the Minister said, we are considering the next iteration of the question of admissibility, which addresses the evidentiary rules regarding previous false complaints in sexual offence cases. This is a sensitive area of criminal law where the pursuit of truth must be carefully balanced against the need to protect complainants from unfounded attacks on their character. The primary objective is to ensure that trials remain focused on the actual facts of the case at hand rather than being diverted by speculative allegations that a claimant has made false allegations in the past. The Law Society and Bar Council have indicated their support for this measure; they recognise that it brings clarity to the statutory framework governing bad character and credibility. The central feature of clause 10 is the introduction of a requirement for a “proper evidential basis” before any suggestion can be made that a complainant has previously fabricated an allegation of sexual offending. Currently, there is an ever-present danger that the defendant may attempt to undermine a complainant’s honesty by pointing to past allegations that simply did not result in a conviction. That is related to the challenges that we discussed in the debate on clause 8 regarding the difficulty of complainants when it comes to seeing a case through to the end—either because of the delays in the courts, which we are all concerned about; challenges with the police; or fears or concerns they might have about how their case was treated in the courts. There could be a whole series of reasons why a complainant does not pursue an allegation through to its fullest conclusion, none of which have anything to do with the allegation being false. Under the clause, the following factors are explicitly excluded from being used as sole proof of a false complaint: the fact that a previous allegation was denied; the fact that a previous case did not lead to a charge or result in an acquittal; any delay by the complainant in reporting the previous matter; and a complainant’s decision not to pursue or support prosecution in the past. By codifying those exclusions, the Bill aims to eliminate the use of unsupported assertions and ensure that the court does not rely on assumptions or stereotypes that are frequently used to imply that a complainant is untruthful. This is a helpful step in reforming the trial processes by ensuring that a defendant’s conduct and not the complainant’s history remains the focus of the jury. While the principle of clause 10 is sound, its success depends on how the courts interpret and apply the proper evidential basis test. We must ensure that this framework is robust enough to shield victims from speculative and prejudicial questioning while still being fair to the defendant. I have some questions for the Minister. Can she provide the Government’s thinking on what a proper evidential basis will look like? Do the Government envisage it requiring independent, objective proof of falsity, such as a previous conviction for perverting the course of justice, or will a lower standard suffice? Is the Minister confident that the current wording provides a road map clear enough to prevent judges from applying different standards? I want to address the gap in the data and understand how the measure will be implemented. In relation to previous complaints, very sadly there are victims of violence against women and girls who have been affected hundreds of times. Will the Minister explain what would happen if some of these “for exclusion” criteria had occurred at an extraordinary rate? If a complainant’s decision not to pursue or support a prosecution relating to a crime that happened hundreds of times, that could in itself be relevant. It would not necessarily be so—they may have chosen hundreds of times not to support a prosecution. However, unlike other elements of the Bill, the clause is highly specific in what it is excluding, so I want to check whether there is any flexibility for the judge so that, in extremis, they can still admit the evidence, or whether there is a hard no, regardless of circumstances.

• 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source

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  I rise to speak in connection to clause 13 and amendment 70, which are about how witnesses are supported while navigating the potentially stressful environment of the courtroom. Giving evidence in criminal proceedings is inevitably going to be stressful for many people. For victims of crime, including but not limited to victims of sexual violence and domestic abuse—any crime, really—the presence of an individual to support them in the process can mean the difference between successfully completing their testimony and being overwhelmed by the process.

• 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source

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  I have spent a lot of time working on the issue of victim personal statements, often referred to as victim impact statements, in work on other Bills. We are talking today about someone’s ability to give an effective statement, but the Opposition have also been concerned about restrictions on what people can actually say, and have tabled amendments to other Bills on that issue. I have worked with a number of victims. The people who come to mind are the parents of Violet-Grace, a four-year-old girl who was hit and killed by a stolen car going 80 mph on a 30 mph road while she was crossing with her grandmother. The criminals involved fled the scene—they came back to step over her body as they grabbed the drugs they had left in the car—and then fled the country. Her grandmother suffered massive injuries and will never be physically the same. Violet-Grace’s parents, two amazing individuals who are part of the Justice for Victims campaign group, talked about their experience of what they wanted to say in their victim statement being interfered with. I have also had the pleasure of meeting and working with Sarah Everard’s parents, who tell the same story of having wanted to say certain things. Of course, the Opposition do not think it should be a free-for-all, and people should say whatever they want in an impact statement, but surely the onus should be on allowing victims to have their say. There is a need to reform what these statements are for. In statute, it is there purely as a way for victims to talk about the impact of the crime on them. That is helpful, but in other jurisdictions it is an opportunity for the victim to say what they want about what has happened—importantly, this is at the point of conviction, when someone has been found guilty. We will therefore continue to push for broader reforms to impact statements. On screens, this one of those things we read and thinks, “Why wasn’t this thought of at the time?” It seems self-evident that everything is put in place for witnesses during a trial—before someone has even been convicted, when the state has not yet decided through the courts whether someone is guilty—but this is after the trial. Surely the protections for people taking part at that stage should have been included in the original envisaging of the use of screens. We wholly support the relevant measure. We have discussed physical infrastructure already, but I am sure there is something the Government can do on that. I do not think the Minister is responsible for the content of statements—I think that lies with the Minister for Victims—but we would appreciate her lending support to her ministerial colleague in relation to further expanding what people can say in their statements. The clause seeks to ensure that they have their moment in court from a physical point of view, but that will be undermined somewhat if what they are allowed to say is not as expansive as we can possibly make it.

• 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source

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  Forgive me if it is published, but if not, perhaps the Minister could write to the Committee on the current state of video technology across the court estate, to support the Bill’s progression.

• 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source

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  The Minister was absolutely right to point to the enormous burden on those judges. I should have made a similar observation, and I am happy to do so now. Although I have been critical of some of their decisions, I cannot imagine the weight that sits with some of those people all the time, so I want to put on the record my thanks to those judges—on the whole, they do a very good job. However, we still come back to the issue of accountability. We can preload the system to ensure that judges are more likely to make suitable decisions but, if there are no accountability mechanisms at the other end, we will not necessarily get the results that we want. What thought has the Minister given as to how we better ensure accountability for decision making? In my practice as a doctor, for example, there are so many mechanisms in place to ensure that the decisions I make are not just technically justifiable, but good. The point my constituent made when she visited me was that there are no such mechanisms for judges. If they make a strict error in law, that can be tackled through the Court of Appeal, but outside of that, how can the judiciary better hold itself to account for poor-quality, even if legally defendable, decision making? I am not talking about the Government interfering with the judiciary.

• 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source

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  I had considered thinking of a question for every single amendment, but I elected against that. I speak in support of clause 18 and schedule 3. While the provisions may not generate the same level of public debate and scrutiny as the Bill’s earlier clauses regarding the restriction of jury trials, they carry significant institutional and constitutional weight within our judicial hierarchy. The clause and schedule will bring the leadership of tribunals in England and Wales more firmly within the unified judicial structure, placing them under the overarching leadership of the Lady Chief Justice. In practical terms, this involves a title change for the Lady Chief Justice, who will become the president of the courts and tribunals of England and Wales. They also involve the transfer of specific leadership responsibilities that are currently vested in the Senior President of Tribunals. The Government’s primary justification for the reform is administrative coherence and systemic flexibility. By reconfiguring the office of the Senior President of Tribunals, as the head of tribunals justice, the Bill attempts to create a more integrated and seamless judicial pyramid. In theory, such integration should allow for better co-ordination across different jurisdictions, ensuring that the tribunal judiciary is viewed not as a secondary or isolated branch of the law, but as an equal partner in the modern administration of justice. The Opposition offer support for this move towards unity, acknowledging that a more cohesive leadership structure can streamline high-level decision making and improve the deployment of resources. However, that support must be tempered with a request for scrutiny. Unification should not be used as a tool for uniformity. Tribunals are substantially and culturally distinct from the traditional courts; they were designed specifically to be more accessible, specialist and often less formal in their proceedings. Their value to the public lies not only in their final adjudication of a dispute. Whether it is social security, immigration or employment, I am sure that we as MPs have all been contacted by constituents who have gone through, or expect to go through, a tribunal process. Leadership arrangements are never merely technical; they shape the culture, training priorities and institutional identity of the body they lead. The Government have stated that practical leadership will continue to be exercised through a system of delegation back to the reconfigured office of the Senior President of Tribunals. While we recognise that this appears workable on paper, we must be satisfied that it will not allow creeping deprioritisation, a lack of focus, or a watering down of tribunals’ particular culture when they become part of this unified leadership. Will the Minister therefore assure us that thought has been given to ensuring an absence of uniformity, because we have specifically designed the courts not to be uniform, but different in their own way?