Nicholas Dakin MP: speeches 2025

Speeches

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

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  I thank all right hon. and hon. Members on both sides of the House for their valuable contributions. I think what I heard at the end from the shadow Minister, the hon. Member for Kingswinford and South Staffordshire (Mike Wood), was support for this Bill, and I thank him for that. Today’s debate has been helpful; it has underscored the broad support for this legislation, and for the principle of equality before the law. Many Members—pretty much every Member who has spoken—underlined the importance of that principle. I am proud that my right hon. Friend the Lord Chancellor acted so swiftly to address this situation in a way that was courteous and respectful to all involved, and to get us to where we are today. While we have had much agreement, the Mother of the House, my right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott), for whom I have the highest regard, announced herself as being in a minority of one. I am sure that is not the case, but she drew attention to her serious concerns about disproportionality in the criminal justice system. I can say to her that we share her concerns about disproportionality. That is why my right hon. Friend the Lord Chancellor has announced a proper review of all the data, so we will know what actions will properly address that disproportionality and bring about change in a way that addresses the seriousness of the unfairness in the system to which she rightly referred. Equality before the law is a fundamental principle of our criminal justice system. It is the Government’s policy and belief that it should be protected. We know that more must be done to address inequalities in the justice system, and we are absolutely committed to tackling racial disparities across the criminal justice system. We are also taking steps such as increasing diversity in our staff and working with the judiciary to make sure that our appointments are reflective of the society we serve. That has included supporting under-represented groups in joining the judiciary and the magistrates, and has involved the Ministry of Justice and partners running widely supported outreach programmes to reduce barriers to individuals joining. However, we need to do much more. I commend my right hon. Friend the Mother of the House for keeping us on notice, and I promise her that we will deliver. The hon. Member for Eastbourne (Josh Babarinde), who speaks for the Liberal Democrats, reminded us, as indeed did my hon. Friend the Member for Hartlepool (Mr Brash), that these guidelines were nodded through by the previous Conservative Government. The hon. Member for Eastbourne also reminded us of our inheritance of an underfunded probation and court system, which has led, in his words, to a rationing of pre-sentence reports. I agree with him that the debate should be about how we move to universality of pre-sentence reports, not about rationing. Of course, none of this debate alters the fact that independent judges can ask for pre-sentence reports whenever they feel they are necessary. Indeed, in her opening speech, the Lord Chancellor made it clear that capacity is being increased, quite properly, so that more pre-sentence reports can be done. We had very helpful contributions from the Chair of the Justice Committee, my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter), and the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright). Both of them drew attention to the importance of pre-sentence reports in identifying the most appropriate and effective sentence for individual offenders. The Chair of the Select Committee gave us the full timeline of this affair to date, and a good analysis of where we are with the Bill. I agree with him that we will have more opportunity to look at matters in detail in Committee. Likewise, the right hon. and learned Member for Kenilworth and Southam drew attention to his concerns about the breadth of the Bill. Again, we will have an opportunity to examine them further in Committee. My hon. Friend the Member for Stoke-on-Trent South (Dr Gardner) raised very serious concerns about issues relating to pregnant women, and was pleased that the Bill does not affect Court of Appeal case law in that respect. In fact, nothing in the Bill, as she helpfully reminded the House, prevents judges from requesting PSRs for pregnant women. Judges will continue to be able to request PSRs in cases where they ordinarily would, including appropriate cases involving pregnant women. We would expect that to continue. I am happy to have heard so much support for the Bill. There will be a drop-in for MPs on Monday about the next stages of the Bill, at which Members can have any questions answered, and can feed into the process before Committee stage next week. This emergency legislation, while a small Bill, is of great significance. It will stop the Sentencing Council’s updated guidelines on pre-sentence reports from coming into force, and will safeguard against the risk of differential treatment arising from their use. The action taken by the Government on this issue underscores our commitment to equality before the law, which all hon. Members who have spoken today have underlined, and which is most important. It is the ancient principle on which our justice system was built. I commend the Bill to the House. Question put and agreed to. Bill accordingly read a Second time. Sentencing Guidelines (Pre-sentence Reports) Bill: Programme Motion made, and Question put forthwith (Standing Order No. 83A(7)), That the following provisions shall apply to the Sentencing Guidelines (Pre-sentence Reports) Bill: Committal (1) The Bill shall be committed to a Committee of the whole House. Proceedings in Committee, on Consideration and on Third Reading (2) Proceedings in Committee of the whole House shall (so far as not previously concluded) be brought to a conclusion three hours after their commencement. (3) Any proceedings on Consideration and proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion four hours after the commencement of proceedings in Committee of the whole House. (4) Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House, to any proceedings on Consideration or to proceedings on Third Reading. Other proceedings (5) Any other proceedings on the Bill may be programmed.— (Gerald Jones.) Question agreed to.

• 22 Apr 2025 · Young Offenders: Staffordshire · Hansard source

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  This year, the Department will provide more than £1 million in funding to the Staffordshire youth offending team to supervise children and support them in turning their back on a life of crime.

• 22 Apr 2025 · Young Offenders: Staffordshire · Hansard source

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  My hon. Friend is exactly right. We must do whatever we can to move people away from a life of crime and keep the public safe. This year, despite the fiscal challenges we inherited, we are investing more than £100 million in youth offending teams across the country to identify children and divert them away from crime. With turnaround funding, Staffordshire youth offending team delivered skill-building activities for children in antisocial behaviour hotspots during a successful six-week summer programme.

• 22 Apr 2025 · Prison Reform · Hansard source

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  Safety in prisons is a key priority, and we are working hard to make prisons as safe as possible. My hon. Friend is right to highlight the concerns at Parc. I have recently visited HMP Parc, as has the Under-Secretary of State for Justice, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), and the Prisons Minister in the other place. On that visit, I saw how seriously the director is taking these issues and engaging closely with families on their very real concerns.

• 22 Apr 2025 · Prison Reform · Hansard source

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  There is an ongoing audit of all the review’s recommendations. Our thoughts remain with our brave prison officers who were attacked, and with the victims of the Manchester Arena bombing and their families, who are understandably concerned by the shocking events in HMP Frankland. My right hon. Friend the Lord Chancellor took immediate action to set a review in place.

• 22 Apr 2025 · Prison Reform · Hansard source

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  The hon. Gentleman urges us to get on with it. By my reckoning, the Conservative party had 14 years to get on with it. We are getting on with it. We set up the snap review straightaway. [ Interruption. ] “It’s not party political,” he says. Well, people might judge that for themselves by listening to the sort of questioning we have had today.

• 22 Apr 2025 · Prison Reform · Hansard source

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  I very much praise the work that Unlocked Graduates has done over many years. Unfortunately, when the contract was let previously, Unlocked Graduates was unhappy to progress with the contract. That is the situation. Obviously, these things are very difficult, but I am very happy to meet the hon. Member to discuss matters further.

• 22 Apr 2025 · Prison Reform · Hansard source

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  We inherited a system in crisis from the previous Government. With prisons over 99% full, we took immediate action to prevent the collapse of the prison system by changing the automatic release point for standard determinate sentences. We are building 14,000 new prison places, and we published our 10-year capacity strategy in December. However, we know that we cannot build our way out of this crisis, which is why we have also launched an independent sentencing review to ensure that we will never run out of places again.

• 22 Apr 2025 · Prison Reform · Hansard source

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  That is part of the review that has been announced. My right hon. Friend the Lord Chancellor is meeting the Prison Officers Association tomorrow. These things need to be done rightly and properly, and that is what will happen with this Government.

• 22 Apr 2025 · Topical Questions · Hansard source

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  I am happy to write to my hon. Friend on the detail of the data collection and remind him that we have a sentencing review in process that will be looking at all of those things.

• 22 Apr 2025 · Topical Questions · Hansard source

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  My hon. Friend asks a serious and difficult question. The Mental Health Bill, introduced to Parliament last November, aims to stop restricted patients from languishing in hospital unnecessarily, while prioritising public protection and managing any risks. The Department also works closely with clinicians and care teams to make decisions on restricted patients as quickly as possible, in line with the published guidelines.

• 22 Apr 2025 · Topical Questions · Hansard source

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  I am very happy to answer queries about that particular issue, if the hon. Lady wishes to write to me. The Government have increased the youth offending team budget this year and continue to invest in the turnaround programme. As I said before, it has been shown that young people who are engaged in that programme have only a 5% chance of reoffending.

• 22 Apr 2025 · Topical Questions · Hansard source

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  We know how vulnerable many children with care experiences are, and we are working closely with colleagues in the Department for Education to help reduce their risk of entering the criminal justice system. The Government are committing £50 million to the adoption and special guardianship support fund this year.

• 22 Apr 2025 · Reoffending: Young People · Hansard source

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  My hon. Friend is exactly right. What Engineered Learning is doing is a clear win-win, teaching welding skills and moving people away from crime. The Department will continue funding youth offending teams to work with local education and employment providers to help young people get the skills they need to have productive careers and positive lives.

• 22 Apr 2025 · Reoffending: Young People · Hansard source

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  The hon. Gentleman is absolutely right that all those issues contribute to circumstances that might create offending, but it is really good that we have the turnaround programme in place. Only 5% of children who completed their turnaround interventions received convictions in their first year of the programme. That is an example of the sort of programme we need to be engaging in to turn young people away from crime.

• 22 Apr 2025 · Reoffending: Young People · Hansard source

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  My hon. Friend is exactly right. In the past, antisocial behaviour has been too easily dismissed as low-level, but as he rightly describes, it can cause real distress and misery to our communities. I am pleased that the new Crime and Policing Bill includes measures to enhance police powers to seize nuisance offroad bikes and other vehicles used in an antisocial manner.

• 22 Apr 2025 · Reoffending: Young People · Hansard source

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  The Government are determined to reduce youth reoffending as part of our safer streets mission. Despite the huge fiscal challenges we inherited, we have been able to increase our core funding to youth offending teams across the country, allowing them to support children away from crime.

• 22 Apr 2025 · Reoffending: Young People · Hansard source

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  We have regular discussions with the Department for Education on these matters. The hon. Gentleman is absolutely right: the more young people we get into training, education and work, the less crime we should have on our streets.

• 22 Apr 2025 · Prison Capacity: Northern Ireland · Hansard source

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  Ministry of Justice officials regularly meet representatives of the Department of Justice in Northern Ireland, as part of the “Five Nations Forum”, to discuss prison capacity. This allows best practice to be shared and emerging issues to be discussed. The Prisons Minister in the other place knows the Northern Ireland prisons system well, and will be going there later this year to compare notes.

• 22 Apr 2025 · Prison Capacity: Northern Ireland · Hansard source

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  The hon. Member is right to suggest that we need to learn lessons from wherever they can be learned, and he is right to caution against approaches that might bring about results that people do not wish to see.

• 2 Apr 2025 · Whiplash Injury Compensation · Hansard source

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  I thank hon. Members for their contributions to the debate and for the support of the Liberal Democrats and the official Opposition on the direction of travel. I am grateful to the Liberal Democrat spokesperson, the hon. Member for Chichester (Jess Brown-Fuller), for reminding us that behind every claim is a person, and that this is about helping real people and real lives. The official Opposition spokesman, the hon. Member for Bexhill and Battle (Dr Mullan), rightly mentioned the report on reducing insurance costs for consumers. We share his and the Liberal Democrat spokesperson’s concern about that, which I think is felt across the House. The report was published on 27 March and shows that the whiplash reforms have reduced insurance costs for customers. It was produced by His Majesty’s Treasury, which worked with the Financial Conduct Authority to fulfil its statutory obligation under section 11(7) of the Civil Liability Act 2018. Although it is a factual reporting of the information from insurers provided to HMT through the Financial Conduct Authority, it does not represent the Government’s view, so it is right and proper that, separately from the report, the Ministry of Justice will undertake a post-implementation review of the whiplash reforms later this year. I thank hon. Members for their contributions.

• 2 Apr 2025 · Whiplash Injury Compensation · Hansard source

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  I beg to move, That the draft Whiplash Injury (Amendment) Regulations 2025, which were laid before this House on 20 March, be approved. This draft instrument amends the fixed tariff for whiplash compensation set by the Whiplash Injury Regulations 2021 by applying an inflationary uplift to the tariff values. In doing so, the amendment gives effect to recommendations made by the Lord Chancellor on 21 November 2024 following the completion of her statutory review of the 2021 regulations. By adjusting the whiplash tariff values to account for inflation, the Government will ensure that claimants can continue to receive proportionate compensation until the next review in 2027. The whiplash reform programme changed the way claimants are awarded damages for low-value whiplash injuries following road traffic accidents. The aim of the reforms was to ensure an efficient, proportionate and reliable system for both claimants and defendants involved in road traffic accident-related whiplash claims. At their core, the measures aim to reduce the number and cost of whiplash injuries and deliver savings to consumers via reduced motor insurance premiums. Elements of the reform programme were delivered by the Civil Liability Act 2018, which introduced several important changes to the civil claims process. Alongside measures that introduced a legal definition of what constitutes a whiplash injury and banned the settling of such claims without medical evidence, the 2018 Act empowers the Lord Chancellor to set a fixed tariff of damages for road traffic accident-related whiplash injuries lasting up to two years. The 2018 Act measures were supported by additional secondary legislative changes to increase the small claims track for road traffic-related personal injury claims from £1,000 to £5,000, and the introduction of a new pre-action protocol for personal injury claims below the small claims limit in road traffic accidents. At the same time, the insurance industry-owned and developed Official Injury Claim portal was launched to assist claimants affected by the reforms. The first whiplash tariff was set by the Whiplash Injury Regulations 2021, which came into force on 31 May 2021. The 2018 Act requires the Lord Chancellor to review the 2021 regulations, and thereby the whiplash tariff, within three years of its implementation and every three years thereafter. In fulfilment of that statutory obligation, the first review of the whiplash tariff was completed on 22 May 2024 and the Lord Chancellor published her report of the statutory review on 21 November 2024. Upon reviewing the 2021 regulations, the Lord Chancellor concluded that the structure and component parts of the whiplash tariff were effective. However, she recommended that the tariff amounts be uprated to account for consumer prices index inflation between 2021 and 2024, and to incorporate a three-year buffer to account for expected inflation until 2027. She did not consider that any other changes to the 2021 regulations were necessary. In reaching her conclusions and recommendations, the Lord Chancellor took into consideration relevant industry and courts data, as well as information from a Ministry of Justice call for evidence, which ran from 6 February to 2 April 2024. In accordance with the review, this statutory instrument increases the whiplash tariff damages values and, subject to approval by both Houses, the new tariff will apply to all road traffic accident-related personal injury claims in England and Wales from 31 May 2025. I believe that the House will find it helpful if I provide some additional explanation of the increase that will be applied to the whiplash tariff. By way of background, I should say that the whiplash tariff operates via a rising scale of fixed compensation payments determined by injury duration, up to a maximum of two years. The payments in the original whiplash tariff set in 2021 range from £240 for whiplash injuries lasting three months or less to £4,215 for whiplash injuries lasting between 18 and 24 months. There is a separate, slightly higher, tariff for cases where any minor psychological injury, such as low-level travel anxiety, is incurred at the same time as the whiplash injury. Claims for whiplash injuries that last longer than two years fall outside the fixed tariff. When the tariff was first implemented in 2021, the amounts were set to include a three-year buffer. The buffer was designed to account for expected inflation, according to the available forecasts at that time, and to ensure that claimants were not under-compensated in the years between the tariff’s implementation and the first statutory review. In reviewing the 2021 regulations, the Lord Chancellor recognised the impact of inflation on the whiplash tariff amounts, noting that inflation over the first three-year period ran at a higher than expected rate, and, as most respondents to the 2024 call for evidence had noted, the real value of the tariff had fallen. In the light of this, she concluded that the tariff should be uprated by actual inflation between 2021 and 2024, and should again include a buffer to account for the expected inflation until the next review in 2027. The whiplash tariff will therefore be increased by around 15% for claims arising from road traffic accidents occurring on or after 31 May 2025. As I have mentioned, this increase has been calculated using the consumer prices index inflationary measure. After careful consideration of the available data and evidence, the Lord Chancellor determined that CPI remains the most appropriate measure for uprating the tariff amounts by inflation. In contrast, she considered that the alternative retail prices index measure, if applied, would likely overstate inflation. It is worth noting that the use of CPI is in line with common practice across Government, as recommended by the Office for National Statistics. In accounting for inflation, the Lord Chancellor also decided that the whiplash tariff should continue to be future-proofed by applying a CPI rounding over three years from 2024 to 2027. This approach is consistent with the method used to protect claimants from additional inflationary impacts when the first whiplash tariff was set in 2021. While this three-year buffer could lead to some over-compensation in the short term, not implementing it would allow the real value of claimants’ damages to decrease and risk significant under-compensation in the long term. Therefore, this buffer protects access to justice and minimises the risk of claimants being under-compensated in the years leading up to 2027. I would, though, like to acknowledge that some respondents to the call for evidence expressed concern that the buffer would artificially increase the amount of compensation available and potentially undermine cost savings. However, the difference in the tariff levels using the buffer is not substantial enough to significantly impact on savings. The tariff amounts are only being adjusted to account for inflation and, as such, it is our view that this does not represent a real-terms increase in claim values. Conversely, I am aware that other stakeholders suggested that the whiplash tariff should either be subject to an annual review or be index-linked to inflation to ensure annual increases. As the Lord Chancellor made clear in her report, these arguments are not compelling. A three-year review period, as anticipated by the 2018 Act, strikes the right balance between adequately compensating claimants and maintaining a stable system that is as simple to understand and administer as possible. It is also worth noting that the recent high inflationary cycle was driven by a unique set of circumstances and is not a regularly occurring event. Therefore, while it is appropriate that the whiplash tariff is regularly reviewed against inflation, three years is the appropriate length of time to hold such reviews. Other than uprating the whiplash tariff to account for actual and expected inflation, as I have explained, no other amendments to the 2021 regulations are made by this instrument. In accordance with her statutory obligation, the Lord Chancellor has consulted the Lady Chief Justice before making this instrument. The Master of the Rolls, acting on behalf of the Lady Chief Justice, expressed his endorsement of the proposal to uprate the whiplash tariff. He also noted that the judiciary would not welcome any further derogation from the principle that damages are assessed and awarded by the courts. As we have seen, in accordance with the powers conferred on the Lord Chancellor by the 2018 Act, the instrument only adjusts the level of damages for whiplash injuries lasting up to two years. The amendments that this instrument will make to the 2021 regulations represent a balanced, proportionate and practical approach to uprating the whiplash tariff ahead of the next review.

• 17 Mar 2025 · Sentencing Council Guidelines · Hansard source

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  I am afraid that I am becoming a bit repetitive. There is a desire from Opposition Members to rush ahead, and I have great respect for that— [ Interruption. ] Well, you had 14 years, and what did you do in them? [ Interruption. ] Sorry, Mr Speaker, not you. Opposition Members are trying to rush ahead; we will take things steadily, at the right pace, with proper respect.

• 17 Mar 2025 · Sentencing Council Guidelines · Hansard source

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  Policy decisions should always be made by this House; the hon. Member is absolutely correct about that. The background to where we are today is that the Sentencing Council consulted the Government of the day, members of whom are now on the Opposition Benches. The members of that Government were asleep at the wheel. Now it is down to this Government, yet again, to pick up the pieces they left for us and sort out their mess.

• 17 Mar 2025 · Sentencing Council Guidelines · Hansard source

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  The Sentencing Council is independent of Parliament and Government. The council decides on its own priorities and workplan for producing guidelines. The Sentencing Council consulted the previous Government on a revised version of the imposition guideline, which included new guidance on pre-sentence reports. That consultation ran from November 2023 to February 2024. The previous Government responded to the consultation on the guideline on 19 February 2024. The former sentencing Minister, the hon. Member for Orpington (Gareth Bacon), who is now the shadow Transport Secretary, wrote to the chair of the Sentencing Council thanking him for the revisions to the guideline. In particular, he thanked the council for fuller guidance on the circumstances in which courts should request a pre-sentence report. The Lord Chancellor was clear about her discontent with the guideline when it was published. It is our view that there should not be differential treatment before the law. The House will be pleased to hear that the Lord Chancellor met the chair of the Sentencing Council last week, and the discussion was constructive. It was agreed that the Lord Chancellor will set out her position more fully in writing, which the Sentencing Council will consider before the guideline is due to come into effect.