Nicholas Dakin MP: speeches 2025

Speeches

• 12 May 2025 · Protection of Prison Staff · Hansard source

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  My hon. Friend is completely right to say that prison overcrowding makes addressing these issues far more difficult. That is why the Government have pledged to continue building the remaining 20,000 prison places, which the last Government failed to deliver. In 10 months, this Government have already added more than 2,000 prison places. The Conservative Government added 500 places in 14 years.

• 12 May 2025 · Protection of Prison Staff · Hansard source

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  We are managing the most complex people in the most complex system. Our prison staff have to manage extremely dangerous people, and they do it with real bravery. We will do whatever it takes to keep them safe. That is why we have already taken the actions that we have. All prisons carry out regular risk assessments and implement associated safe systems of work. If a risk is identified regarding kettle use or intelligence is received that one might be used in an assault, the kettle will be withdrawn. Frankly, kettles were used for 14 years under the previous Government’s watch, as they rightly trusted the professional skill and expertise of those running and working in our prisons. That is what we are doing now.

• 12 May 2025 · Protection of Prison Staff · Hansard source

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  The right hon. Member is right to say that anything that happens should be dealt with immediately by the prison authorities, and that is exactly what is happening. That is why these reviews are in place: to learn the lessons so that appropriate action can be taken and appropriate steps put in place for the future, taking into account the issues she raised, among others.

• 12 May 2025 · Protection of Prison Staff · Hansard source

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  Let me say straightaway that access to kitchens has been immediately withdrawn. A review of equipment is taking place. The point that my hon. Friend makes about the intelligence he has had from prison officers at HMP Frankland illustrates the complexity around that issue. That is why we need to take our time to get this right while moving at pace and coming back to the House fairly quickly.

• 12 May 2025 · Protection of Prison Staff · Hansard source

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  I thank the right hon. Gentleman for his question. I am shocked and saddened to hear about the serious assault against a prison officer that took place on Thursday 8 May at HMP Belmarsh. My thoughts are with the family and colleagues of the brave, hard-working prison officer at this time. We will not tolerate any violence against prison officers. Prisoners who are violent towards staff will face the full consequences of their actions. The incident at HMP Belmarsh is subject to a police investigation. As such, we are unable to comment further in any level of detail at this stage. The Prison Service has also commissioned an investigation, and its terms of reference are being finalised. It will include details of what happened and why, as well as recommendations to prevent recurrences. We will provide updates to Parliament in due course. Separately, on 22 April we announced to Parliament an independent review of the recent terrible incident where staff were assaulted by Hashem Abedi at HMP Frankland; we will make further announcements in the coming days. Our prison officers are some of the hardest working and bravest public servants this country has. We are committed to ensuring that they are safe at work and are able to keep the public safe. We announced at last the Justice oral questions that the Prison Service has commissioned a rapid review of access to and use of self-cook areas across the prison estate, including their use in special units. The review will report back with recommendations in June. We recently announced a review of conducted energy devices—also known as Tasers—and there is a trial involving a small number of national operational response and resilience unit staff. Body-worn video cameras, batons, PAVA spray and rigid bar handcuffs are currently available for use by staff, and protective body armour is already worn by specialist prison staff and officers in cases where there is planned use of force or where safe systems of work for the management of high-risk prisoners dictates. We have also announced a review into whether protective body armour should be made available to frontline staff, and that review will report in June. I repeat: the safety and security of our frontline prison staff is our No. 1 priority.

• 12 May 2025 · Protection of Prison Staff · Hansard source

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  My hon. Friend is completely correct: we inherited a prison system in crisis, where prisons were on the edge of collapse. Reducing violence in prisons is a key priority. That is why we have taken the actions we have in building new prisons and in the sentencing review: to ensure that we always have prison spaces to lock dangerous people up.

• 12 May 2025 · Protection of Prison Staff · Hansard source

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  The individual to whom the hon. Gentleman refers is part of a police investigation at the moment, so it would be inappropriate for me to comment on that. He makes a good point about the management of very dangerous people in our prisons. That is why we rely on the expertise and experience of prison staff, officers and governors.

• 12 May 2025 · Protection of Prison Staff · Hansard source

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  What I do agree with is that punishment and public protection are two very important reasons why people go to prison. As I said to the hon. Member for Strangford (Jim Shannon), I cannot comment on a live police investigation, and my hon. Friend will understand the reasons why.

• 12 May 2025 · Protection of Prison Staff · Hansard source

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  It is crucial that prison officers are equipped with the right protective equipment to do their job safely and securely. The purpose of these reviews is to ensure that we get that right.

• 30 Apr 2025 · Sentencing Guidelines (Pre-sentence Reports) Bill · Hansard source

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  I beg to move, That the Bill be now read the Third time. Let me first take this opportunity to thank all Members of this House who have spoken in support of this important Bill. I am particularly grateful for the support expressed on Second Reading, as well as to all the hon. and right hon. Members who have contributed to this afternoon’s Committee proceedings. It is not yet a month since the Sentencing Council’s imposition guideline was due to come into effect. The Lord Chancellor followed up her concerns immediately with action. As Members from all parts of the House have acknowledged, had the Government not acted quickly to introduce this Bill, the guideline would have risked differential treatment before the law in this country. I put on record my thanks to the Sentencing Council and in particular its chair, Lord Justice William Davis, for the constructive conversations on this issue and for pausing the guideline while Parliament had its say, as it is doing today. I also thank officials who have worked on this Bill, including Andrew Waldren, Stephen Toal, Jack Hickey, James Metter, Clare Taylor, as well as the Bill manager, Katherine Ridley, and my excellent private secretary, Emily Brougham. This Government strongly support the use of pre-sentence reports, which judges are required by law to obtain except in circumstances where they consider such a report unnecessary. We also acknowledge that there are disparities within the criminal justice system that must be addressed. However, those are matters of policy, and it is right for the Government to seek a policy response to these issues. That is why we brought this Bill forward, and I commend it to the House.

• 30 Apr 2025 · Sentencing Guidelines (Pre-sentence Reports) Bill · Hansard source

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  The Court of Appeal has made it clear, and, as my hon. Friend said, it is right to follow Thompson in those circumstances. While I am grateful to the right hon. and learned Member for Kenilworth and Southam for raising and rightly exploring this issue in Committee, I hope that he will not press the amendment to a vote. Amendment 3, tabled by the right hon. Member for Newark (Robert Jenrick) on behalf of the official Opposition, would require the Sentencing Council to obtain the Secretary of State’s approval before issuing any sentencing guidelines about pre-sentence reports. Again, I referenced the helpful words of the right hon. and learned Member for Kenilworth and Southam, who said we should tread carefully in this territory and that the separation of powers needs to be very much respected. Therefore, while carefully considering the case for mandating that the Sentencing Council obtain the Secretary of State’s approval, I am not persuaded that that is appropriate at this particular time. As the Lord Chancellor has set out, this case has highlighted that a potential democratic deficit. That is why we are currently assessing the Sentencing Council’s wider role and powers for developing sentencing guidelines, with recent developments and imposition guidelines in mind.

• 30 Apr 2025 · Sentencing Guidelines (Pre-sentence Reports) Bill · Hansard source

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  No, that is not the Government’s view. “Personal characteristics” is a term that is understood and applied in other contexts, whereas “demographic cohort” is a term that, on balance, the Government feel is more imprecise and would ultimately need to be defined with reference to a group with shared personal characteristics. Therefore, I understand where the right hon. and learned Gentleman is coming from, but from the Government’s point of view, the amendments do not add anything to the drafting of the Bill and risk causing further confusion. As he pointed out in his helpful contribution, there is a danger of getting into detailed semantics, which probably does not help any of us.

• 30 Apr 2025 · Sentencing Guidelines (Pre-sentence Reports) Bill · Hansard source

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  It is a pleasure to serve with you in the Chair, Mrs Cummins. I wish to thank hon and right hon. Members for the points that have been made and the amendments that have been discussed, which I shall respond to in turn. I shall speak briefly to each clause and then remind us of why we are here debating this Bill. In the last Parliament, the Sentencing Council consulted on a revised imposition guideline, which was due to come into effect on 1 April. The revised guideline includes additional guidance on when courts should request pre-sentence reports. It notes that pre-sentence reports will “normally be considered necessary” for certain offenders, including those from an ethnic, cultural or faith minority. The “normally be considered necessary” is replaced with “may be particularly important”, which the previous Government very much welcomed. This Government note that a pre-sentence report is necessary. They agree that disparities exist in the criminal justice system. The reasons for that are unclear, but this is a matter for the Government, accountable to Parliament and to the ballot box, to address. In effect, the revised guideline could have led to judges deciding whether to request a pre-sentence report based on an offender’s faith or the colour of their skin. The Lord Chancellor has been clear that this would be unacceptable, as it risks differential treatment. Singling out one group over another undermines the idea that we all stand equal before the law—a principle that has been in the foundations of our justice system for centuries, and that is why she acted immediately and quickly. By preventing the Sentencing Council making guidance on pre-sentence reports with reference to personal characteristics, this Bill helps to ensure equality before the law. Clause 1 amends section 120 of the Coroners and Justice Act 2009. It provides that sentencing guidelines may not include provision framed by reference to different personal characteristics, including race, religion, belief or cultural background. Therefore, any existing guidelines that make reference to different personal characteristics will cease to have effect and the Sentencing Council is prevented from making such provisions in guidelines in the future. The changes made by this clause prevent the Sentencing Council making policy about when pre-sentence reports should be obtained that risks differential treatment before the law, and which could undermine public confidence in the criminal justice system. The sentencing code is clear that courts should obtain pre-sentence reports unless, in the circumstances of the case, it is unnecessary. The clause does not affect the independent judiciary’s ability to make decisions based on the personal circumstances of an individual offender, or determine where pre-sentence reports are necessary or desirable. Nor does it stop the Sentencing Council from advising, in general terms, that pre-sentence reports are sought in cases where the court would benefit from an assessment of an offender’s personal circumstances.

• 30 Apr 2025 · Sentencing Guidelines (Pre-sentence Reports) Bill · Hansard source

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  My hon. Friend echoes much of what the hon. Member for Eastbourne (Josh Babarinde) picked up on earlier. Probation is a significant part of the landscape. That is why we are onboarding 1,300 more probation officers over the next year. The Chair of the Justice Committee, my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter), raised issues about the impact of the guidelines on existing guidelines. We expect that other guidelines will be affected by the Bill, including offence-specific guidelines related to mitigating and aggravating factors, which set out guidance about pre-sentence reports for specific cohorts. We will continue working with the Sentencing Council on the implementation of the Bill. We have had constructive discussions and will continue to do so. As my hon. Friend the Member for Hammersmith and Chiswick referenced, the Bill’s explanatory notes point out, existing precedent is not changed where the courts have determined that pre-sentence reports are necessary or desirable. Such cases include: Thompson, where the Court of Appeal recently emphasised the importance of reports in sentencing pregnant women or women who have recently given birth; Meanley, in which the court referenced the value of pre-sentence reports for young defendants; and Kurmekaj, where the defendant had a traumatic upbringing, a vulnerability and was a victim of modern slavery. The Bill narrowly focuses on the issue at hand, putting beyond doubt the principle that we all stand equal before the law of the land. Clause 2 is concerned with details about how the Bill will be enacted. The Bill will apply to England and Wales only, and its measures will come into force on the day after it passes. The Bill may be cited as the Sentencing Guidelines (Pre-sentence Reports) Act 2025 once enacted. I thank the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright) for tabling his amendments and for the very thoughtful and comprehensive way in which he dealt with them. Amendments 1 and 2 would replace the term “personal characteristics” with “demographic cohort” to describe the type of provision about pre-sentence reports in sentencing guidelines that the Bill will prohibit. The Government have considered the proposed change to the wording very carefully and would like to take the opportunity to briefly explain the Government’s approach. The Government’s objective is to help ensure equality before the law so that offenders are treated according to their own particular circumstances and not by virtue of their membership of a particular group. To ensure that the Bill prevents sentencing guidelines about pre-sentence reports including provision framed by reference to any specific personal characteristics of an offender, we have used the term “personal characteristics”. The Bill sets out that personal characteristics include race, religion or belief, or cultural background. However, this is not an exhaustive list. We accept that personal characteristics and personal circumstances have, over the years, been elided in different court judgments, and we are clear that it is intended to cover a wider range of characteristics including sex, gender identity, physical disabilities and pregnancy status. The right hon. and learned Member for Kenilworth and Southam has rightly noted that the term “demographic cohort” is used in the Bill’s explanatory notes. However, the use of the term was not intended to narrow the definition of personal characteristics, and I believe it does not, though I note that he believes that it might do. Rather, it is a different term used to describe individuals who share certain personal characteristics.

• 30 Apr 2025 · Sentencing Guidelines (Pre-sentence Reports) Bill · Hansard source

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  We certainly do not feel that we have overreached. We are acting in a timely and effective way. As the debate has demonstrated, there are issues of detail that need to be properly explored. The Lord Chancellor has done the right thing in announcing a review that will have a look at things in proper time; that will take place. Given the special role of the Sentencing Council and the significant policy and constitutional issues involved, it is right that we take the time to consider whether more fundamental reform is needed, alongside considering wider recommendations that come out of the independent sentencing review. I am not convinced that it will be proper to deal with the issue now through this fast-tracked legislation, nor am I convinced that legislating in a piecemeal way would be helpful, noting that the amendment of the right hon. Member for Newark applies just to sentencing guidelines about pre-sentence reports when there may be other things that we need to look at. To be clear, we are keeping all options on the table and are willing to legislate further in a more comprehensive way if necessary. I therefore urge the Opposition not to press this amendment. Amendment 4, also tabled in the right hon. Member’s name, would prevent the Sentencing Council from framing sentencing guidelines about pre-sentence reports with reference to groups that may have experienced trauma from historical racism or discrimination. While we have carefully considered the case for adding this restriction to the Bill, we are not persuaded that it is necessary. We have taken a general approach in the Bill to preventing sentencing guidelines about pre-sentence reports from being framed by reference to any personal characteristic of an offender. The Bill specifies that personal characteristics include race, religion or cultural background, but that is not an exhaustive list. More widely, I appreciate that the right hon. Member for Newark has taken a keen interest in wider guidance across prisons and probation that touches on different experiences, including those specified in the amendment. The Government are absolutely clear on the need to ensure equality before the law. Wider work is going on to review relevant policy and guidance, and we will update practices where necessary. I therefore urge the Opposition not to press the amendment. New clause 1 would require the Secretary of State to arrange an independent review into the restrictions the Bill places on the Sentencing Council’s ability regarding pre-sentence reports, which are framed by reference to offenders’ different personal characteristics. I thank the hon. Member for Eastbourne for tabling the new clause. Although we have carefully considered the case for such a review and I agree that it is important to carefully think through what the Bill’s effects, I am not persuaded that a review is necessary because the direct changes made by the Bill are very limited in nature. To recap, the Bill helps protect equality before the law by ensuring no offender receives differential treatment regarding pre-sentence reports based on their personal characteristics. That reflects a fundamental principle that does not need to be reviewed. The Bill does that by restricting the powers of the Sentencing Council to issue sentencing guidelines about pre-sentence reports. It will prevent guidelines from, for example, creating a presumption around whether a pre-sentence report should be obtained based on an offender’s personal characteristics, rather than all the circumstances of the offender before the court. For the avoidance of doubt, this Government support the use of pre-sentence reports and we have publicly committed to creating more capacity in the probation service to ensure it is able to do the valuable work that includes preparing pre-sentence reports. We are also happy to continue to work with the hon. Member for Eastbourne on disparities in the criminal justice system and the use of pre-sentence reports more generally. We fully support the increased use of PSRs in our courts. PSRs include an assessment of the offender’s behaviour and the risk they pose, and the recommendations for sentencing options. It is a valuable tool, as many Members have said, in helping to ensure a sentence is tailored to an individual offender and their circumstances. Equality before the law is a fundamental principle of our criminal justice system. It is the Government’s policy and belief that that should be protected. I again welcome the contribution from the Mother of the House, my right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott), supported by the hon. Members for Brighton Pavilion (Siân Berry) and for Birmingham Perry Barr (Ayoub Khan), to keep our feet to the fire on tackling disproportionality. I confirm again that this Government take very seriously tackling disproportionality in the criminal justice system. That is why the Lord Chancellor has commissioned a review of the data on disparities in the justice system to better understand the drivers of the problem. I know that my right hon. Friend does not need my encouragement to keep going on this one, so I look forward to her continuing to hold us to account as we move forward. I will also be clear on what the Bill does not do, to underscore its limited changes. Nothing in the Bill restricts the court’s pre-existing ability to request pre-sentence reports, nor the Sentencing Council from advising in general terms that a pre-sentence report should be sought where a further assessment of the offender’s personal circumstances would be beneficial to the court. The Bill does not affect Court of Appeal case law about the types of cases where pre-sentence reports are necessary or desirable, as we have covered previously. There is recent relevant case law covering vulnerable defendants, pregnant women and women who have recently given birth, and young defendants. Furthermore, the Bill will not prevent judges from requesting pre-sentence reports in cases where they ordinarily would, including in appropriate cases involving, for example, pregnant women, as well as those involving young people or domestic abuse. I welcome the comments from my hon. Friend the Member for Chipping Barnet (Dan Tomlinson) on those issues. With such considerations in mind, the Government do not consider the proposed review to be necessary. However, as the Lord Chancellor has set out, she is carrying out a review into the wider role and powers of the Sentencing Council, so I can reassure the hon. Member for Eastbourne that there will be further opportunities to discuss issues surrounding the Sentencing Council in the House. I therefore hope that he will withdraw the new clause.

• 30 Apr 2025 · Sentencing Guidelines (Pre-sentence Reports) Bill · Hansard source

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  If we had used the phrase demographic cohort, we would have to define what that means, whereas personal characteristics is a phrase that already has a level of definition and is therefore preferred by the Government. I turn to the similar issue raised by my hon. Friend the Member for Hammersmith and Chiswick. We carefully considered whether the Bill should be narrower than referring to personal characteristics—for example, an offender being from a cultural minority—but in the end we felt that was not helpful. As such, while I am grateful to the right hon. and learned Member for Kenilworth and Southam for suggesting alternative wording, the Government remain of the view that, having considered it carefully, the term personal characteristics is the most appropriate way of capturing the issues raised by the guideline.

• 22 Apr 2025 · Reoffending on Probation · Hansard source

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  I take this opportunity to recognise the excellent work that our probation staff do day in, day out. Probation is an indispensable part of the criminal justice system, but the service currently faces significant pressures. That is why we will recruit a further 1,300 probation officers by March 2026, invest £8 million in new technology to reduce administrative tasks for officers and focus efforts on reducing reoffending.

• 22 Apr 2025 · Reoffending on Probation · Hansard source

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  Yes, I can reassure my hon. Friend. We work with the Department of Health and Social Care and the Home Office to get offenders into treatment at the earliest opportunity, and have increased the use of drug rehabilitation requirements as well as improved links to ensure that prison leavers stay in treatment on release. In 2025-26, the DHSC is providing £310 million in additional targeted grants to enable local authorities, including Cornwall, to improve services.

• 22 Apr 2025 · Reoffending on Probation · Hansard source

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  We have only just taken over a system that was struggling under the weight of 14 years of mismanagement, and we are doing our very best to get on top of it. We have set in train an independent sentencing review, and are committed to appointing 1,300 new probation officers by this time next year.

• 22 Apr 2025 · Female Offenders · Hansard source

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  I agree with my hon. Friend that for some women supported accommodation is very valuable. Existing provision includes His Majesty’s Prison and Probation Service-led community accommodation services and third sector residential women’s centres, including Hope Street, which she rightly praises for its excellent work. The Women’s Justice Board is exploring options to increase use of robust community alternatives to custody, including residential options where appropriate.

• 22 Apr 2025 · Female Offenders · Hansard source

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  These schemes are very important. The hon. Member highlights a very good one, and the Department continues to support those sorts of schemes.

• 22 Apr 2025 · Female Offenders · Hansard source

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  My hon. Friend refers to a shocking situation. Our policy is clear that pregnant women should not be restrained during hospital appointments, except in the most exceptional circumstances. There is an ongoing deep-dive review taking place into matters at HMP Bronzefield, commissioned by the prisons Minister in the other place.

• 22 Apr 2025 · Female Offenders · Hansard source

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  We inherited the current policy on transgender people in the prison service and we have continued the policy that the right hon. Gentleman describes during our period in office. In the light of last week’s Supreme Court ruling, the Department is reviewing all areas that could be impacted.

• 22 Apr 2025 · Female Offenders · Hansard source

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  The hon. Member mentions an excellent counselling service in his constituency, which I praise. These counselling services are crucial and a very important part of the system.

• 22 Apr 2025 · Female Offenders · Hansard source

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  This Government’s plan to support women is clear and ambitious. The aim is to reduce the number of women going to prison, and our Women’s Justice Board will lead on this. Following Susannah Hancock’s review, which was published in March, this Government have acted to prevent girls from being held in young offenders institutions.