Shabana Mahmood MP: speeches 2024

Speeches

• 18 Jul 2024 · Prison Capacity · Hansard source

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  Of course, joint enterprise is not related to the changes we are making today, but I know that it is an issue of real concern and interest for my hon. Friend and other Members across the House. As I understand it, the Crown Prosecution Service is already reviewing the evidence. It is right for that to conclude before the new Government set out any measures, but I will be engaging closely with the CPS on its review.

• 18 Jul 2024 · Prison Capacity · Hansard source

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  I welcome the shadow Lord Chancellor to his place; we have always worked constructively together wherever appropriate, and I look forward to continuing to do so while he is in post. He made a heroic attempt to gloss over many years of failure in planning by the previous Government. I was surprised that he managed to say it all with a straight face. He knows full well that for many years the previous Government struggled to get such measures past many of their Back-Benchers, not all of whom have returned post the general election, but some of whom remain here, and remain implacable opponents of any kind of planning developments in their constituency. They think that national infrastructure is a good thing as long as it is elsewhere. I look forward to seeing whether there is a change of heart among those on the Opposition Benches. It would be welcome, because this Government will not allow the planning system to prevent our country from having either the prison places or the national infrastructure that we so desperately need. He also knows full well that of the 20,000 places that were supposed to have been provided by the previous Government by 2025, only 6,000 have been delivered. I am concerned about the position relating to prisoners on remand. The shadow Lord Chancellor rightly notes that the number of those on remand in our prison estate is around 16,000. Of course, judges need to be able to remand people to prison for public protection reasons. That will not change. He will know, given his former role in the Department, that there are no immediate solutions, because many of those individuals will in the end be sentenced to custody. I am considering all options available to me for driving that number down as much as possible. In the end, we will need our 10-year capacity plan to take account of what we expect the sentenced population to look like. On the sentences that are covered by this measure, the shadow Lord Chancellor will know that in order to make a change by means of a statutory instrument, it has to relate to specific offences. That is why we have taken every precaution and every option available to us to exclude sentences connected to domestic abuse. He knows that those will include—I am sure that he has seen the draft statutory instrument—offences related to the breaching of a non-molestation order; stalking, which I mentioned in my statement, including stalking involving the fear of violence, serious alarm or distress; strangulation or suffocation; controlling or coercive behaviour in an intimate or family relationship; the breaching of a restraining order; and a breach of a domestic abuse protection order. The common offences that we know are connected to domestic abuse are caught in the statutory instrument. On multiple and repeat offences, he will know that the decision relies on the combination that is reviewed when the sentencing calculation is done. As I said in my statement, I will return in 18 months to update the House. We want to remove this temporary measure as quickly as possible, and we will be transparent throughout. The shadow Lord Chancellor will not need to chase me around this building trying to find out what is happening, as I had to when I was in his position and we were considering the previous Government’s early release scheme. We will be transparent in a way that the previous Government simply were not. We will do a quarterly release of all the data, and we will update the House regularly. I am sure that the right hon. Gentleman followed the announcement on Friday closely, so he will know that the announcement on probation does not involve new money. It is a re-prioritisation of resources, because strengthening probation to make sure that it is in the strongest possible position to deal with the early release scheme is incredibly important to us. On Dartmoor, the right hon. Gentleman knows the history very well. Safety is our No. 1 priority, and after close monitoring of the situation at HMP Dartmoor, it has been decided that prison will be temporarily closed. I will update the House as the situation develops. I say to him gently that we have committed to a 10-year capacity strategy. We recognise that we need to make sure that this country has the prison places that it needs. We will deliver where the previous Government failed, and we will never allow the planning process to get in the way of having the prisons that we need in this country. Longer term, however, we will also look at driving down reoffending, because the entrenched cycle of reoffending creates more victims and more crime, and it has big impacts on our ability to have the capacity that we need in our prison estate. That is why this Government will make it a key priority to drive down reoffending. That is a strategy for creating better citizens, not better criminals. It is a strategy for cutting crime, and in the long term, it will deal with our capacity problems for years to come.

• 18 Jul 2024 · Prison Capacity · Hansard source

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  My hon. Friend is right that we have broad failure across many of our public services, including within the health service. As my right hon. Friend the Secretary of State for Health has said, we have inherited an NHS that is “broken”. I will have conversations with him on the matter that she raises, but it is important, as we try to return the prison system to health, that we do so in conjunction with the other public services that we know are crucial to the proper functioning of the criminal justice service.

• 18 Jul 2024 · Prison Capacity · Hansard source

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  It is a temporary scheme. We will revert to the usual 50% level as quickly as possible. I think 18 months is the right period for me to return to this House. The hon. Member will have many opportunities to scrutinise these changes because this Government will be different from the previous Government, because we will be transparent all the way through. I anticipate many moments in this House when I will be challenged. It is a temporary change. It will always be a temporary change.

• 18 Jul 2024 · Prison Capacity · Hansard source

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  My right hon. Friend is right. I take this opportunity to pay tribute to all the staff in our prisons, who do an excellent job under very difficult circumstances. He is right to acknowledge that the levels of violence in our prisons have been increasing, placing those staff at ever greater risk. This is similar to the question that I just answered on probation. When prisons are so badly overcrowded, it is incredibly difficult to run any kind of regime that can do good work on rehabilitation, or provide a safe atmosphere for the staff who work in them. I will, of course, have conversations in the usual way when it comes to discussions about the spending review and other measures that the Chancellor will bring forward. I hope that I need not tell my right hon. Friend that I will bat hard for our Department and the people I represent. That will all happen in the usual way. We are committed to publishing our 10-year capacity strategy as quickly as possible so that we can begin the process of returning our system to some sort of health. I thank him for raising Feltham; I will look at that and write to him.

• 18 Jul 2024 · Prison Capacity · Hansard source

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  Police and crime commissioners are crucial to helping us to manage the current crisis and as we move the system to some health, hopefully sooner rather than later. I had meetings with many police and crime commissioners while in opposition. I have already met the lead representative for the PCCs on the Criminal Justice Board, and that has already met to talk about how we make these changes in the safest possible way. I will continue engaging in that way.

• 18 Jul 2024 · Prison Capacity · Hansard source

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  My hon. Friend is absolutely right. As I said earlier, employment is crucial, because we know that if those who leave prison are in work within a year of leaving prison, they are much less likely to reoffend. That is why one of our manifesto commitments was setting up employment councils in our prisons—bringing together prison governors and local employers to make sure we are doing everything we can to drive down rates of reoffending. We will have more to say on that in the coming weeks and months.

• 18 Jul 2024 · Prison Capacity · Hansard source

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  With permission, Mr Speaker, I will make a statement about prison capacity in England and Wales. As you know, Mr Speaker, I wanted to make this announcement first in this House. However, given the scale of the emergency facing our prisons, I was forced to set out these measures before Parliament returned. Since this Government took office two weeks ago, it has become clear that our prisons are in crisis and are at the point of collapse. The male prison estate has been running at over 99% capacity for the last 18 months. We now know that my predecessor warned No. 10 Downing Street but, rather than address this crisis, the former Prime Minister called an election, leaving a ticking time bomb. If that bomb were to go off—if our prisons were to run out of space—the courts would grind to a halt, suspects could not be held in custody and police officers would be unable to make arrests, leaving criminals free to act without consequence. In short, if we fail to act now, we face the prospect of a total breakdown of law and order. Rather than act, the last Prime Minister allowed us to edge ever closer to catastrophe. Last week, there were around 700 spaces remaining in the male prison estate. With 300 places left, we reach critical capacity. At that point, the smallest change could trigger the chain of events I just set out. With the prison population rising, it is now clear that by September this year, our prisons will overflow. That means there is now only one way to avert disaster. As the House knows, most of those serving standard determinate sentences leave prison at the halfway point, serving the rest of their sentence in the community. The Government now have no option but to introduce a temporary change in the law. Yesterday, we laid a statutory instrument in draft. Subject to the agreement of both Houses, those serving eligible standard determinate sentences will leave prison after serving 40%, rather than 50%, of their sentence in custody, and will serve the rest on licence. Our impact assessment estimates that around 5,500 offenders will be released in September and October. From that time until we are able to reverse this emergency measure, 40% will be the new point of automatic release for eligible standard determinate sentences. The Government do not take this decision lightly, but to disguise reality and delay any further, as the last Government did, is unconscionable. We are clear that this is the safest way forward. In the words of the Metropolitan Police Commissioner, Sir Mark Rowley, these steps are “the least worst option”. He went on to say that “the worst possible thing would be for the system to block”, and that any alternative to these measures would be “dangerous for the public”. I understand that some may feel worried by this decision, but I can assure the House that we are taking every precaution available to us. There will be important exclusions. Sentences for the most dangerous crimes—for sexual and serious violent offences—will not change. That will also be the case for a series of offences linked to domestic violence, including stalking, controlling or coercive behaviour and non-fatal strangulation, as well as those related to national security. We will also implement stringent protections. First, this change will not take effect until early September, giving the probation service time to prepare. Secondly, all offenders released will be subject to strict licence conditions, to ensure they can be managed safely in the community. Thirdly, offenders can be ordered to wear electronic tags, and curfews will be imposed where appropriate. Finally, if offenders breach the conditions of their licence, they can be returned to prison immediately. Let me be clear: this is an emergency measure, not a permanent change. This Government are clear that criminals must be punished. We do not intend to allow the 40% release point to stand in perpetuity. That is why I will review these measures again, in 18 months’ time, when the situation in our prisons will have stabilised. Throughout, this Government will be transparent. We will publish data on the number of offenders released on a quarterly basis, and we will publish an annual prison capacity statement, legislating to make this a statutory requirement. When we implement this change, we will stop the end of custody supervised licence scheme introduced by the last Government, which operated under a veil of secrecy. From the Opposition Benches, I was forced to demand more information about who was being released and what crimes they had committed. This Government have now released that data, showing that over 10,000 offenders were released early, often with very little warning to probation officers, placing them under enormous strain. This was only ever a short-term fix. It was one of a series of decisions this Government believe must be examined more fully, which is why we are announcing a review into how this capacity crisis was allowed to happen and why the necessary decisions were not taken at critical moments. The measures I have set out today are not a silver bullet. The capacity crisis will not disappear immediately, and these measures will take time to take effect. But when they do, they will give us the time to address the prisons crisis, not just today but for years to come. This includes accelerating the prison building programme to ensure we have the cells we need. Later this year, we will publish a ten-year capacity strategy. That strategy will outline the steps that the Government will take to acquire land for new prison sites, and will classify prisons as being of national importance, placing decision making in Ministers’ hands. The Government are also committed to longer-term reform and cutting reoffending. Too often, our prisons create better criminals, not better citizens, and nearly 80% of offending is reoffending, all at immense cost to communities and the taxpayer. As Lord Chancellor, my priority is to drive down that number. To do that, the Government will strengthen probation, starting with the recruitment of at least 1,000 new trainee probation officers by the end of March 2025. We will work with prisons to improve offenders’ access to learning and other training, as well as bringing together prison governors, local employers and the voluntary sector to get ex-offenders into work. We know that if an offender has a job within a year of release, they are less likely to reoffend. It is only by driving down reoffending that we will find a sustainable solution to the prisons crisis. In a speech last week, I called the previous occupants of Downing Street “the guilty men”. I did not use that analogy flippantly. I believe that they placed the country in grave danger. Their legacy is a prison system in crisis, moments from catastrophic disaster. It was only by pure luck, and the heroic efforts of prison and probation staff, that disaster did not strike while they were in office. The legacy of this Government will be different. We will see a prison system brought under control; a probation service that keeps the public safe; enough prison places to meet our needs; and prisons, probation and other services working together to break the cycle of reoffending and so cut crime. I never thought that I would have to announce the measures that I have set out today, but the scale of this emergency has forced this Government to act now, rather than delay any longer. This Government will always put the country and its safety first. I commend this statement to the House.

• 18 Jul 2024 · Prison Capacity · Hansard source

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  I thank my hon. Friend. I did read those reports in The Guardian . Of course, none of us has had sight of any of those papers. If those reports are true, it is very worrying indeed. As I said in my opening remarks, I did not use the phrase “the guilty men” lightly when I spoke about the crisis we have inherited and the change we are being forced to make. I believe it was a serious dereliction of duty by the previous Government. I could hardly believe the state of the prison system that I inherited, and I think we have been forced to make the changes that we have because of that failure.

• 18 Jul 2024 · Prison Capacity · Hansard source

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  I thank the hon. Member for his question. May I gently say that this is part of the problem? I am not going to get into the specifics of his particular constituency or those particular planning proposals—those proposals are already within the planning system, as the shadow Lord Chancellor, the right hon. Member for Melton and Syston (Edward Argar), alluded to in his remarks—but prisons have to be built in this country. We have to do more building, we have to do it more quickly, and we have rightly said that we will always treat prisons as of national importance. That was actually a change brought in by the previous Government to unlock the delays that they had faced for many years, particularly when concerns were raised by their own Members of Parliament. We take too long to build any kind of infrastructure in this country. That will not be the approach of this Government, so while I am very happy to consider any proposals that any Members of this House have about specifics in their constituency, the reality is that prisons will always be deemed by this Government to be of national importance, and they will be built.

• 18 Jul 2024 · Prison Capacity · Hansard source

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  I would be happy to meet both my hon. Friend and the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts)—individually or together—to talk about the women’s prison, and to write to them on that point. In relation to Parc, I also pay tribute to my hon. Friend the Member for Bridgend (Chris Elmore). I would be happy to work with him and other hon. Members with an interest. I am deeply concerned about the situation at Parc prison, and pay tribute to the staff who work there. As I have said many times, I am in absolute awe of the efforts made by staff across the Prison and Probation Service, who keep our system—a system which has been in dire straits—going under extreme pressure. I will happily meet hon. Members to discuss Parc, but it is a situation that I am already monitoring closely.

• 18 Jul 2024 · Prison Capacity · Hansard source

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  I welcome my hon. Friend to her place. This change is designed in part to allow probation to do the job that it would normally do when it comes to prisoner releases on licence. We will have an eight-week implementation period; that is one of the big differences between this scheme and the previous Government’s end-of-custody supervised licensing scheme, which was pretty chaotic and opaque. Things moved very quickly, not allowing probation the time to do its job. I am not going to pretend that the eight weeks is ideal, but it is better than where we might have been: it allows the sentencing calculations to be redone and some planning to then happen in the normal way, so that we can make sure that, when those people are released into the community, they have a proper release plan in place. Once we are into the prospective element of the change, I believe that the process will be much smoother, and probation will be able to do a much more effective job of managing those prisoners as they are released into the community.

• 18 Jul 2024 · Prison Capacity · Hansard source

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  The hon. Member is right. In the end, individual sentencing decisions are for judges. They have discretion to apply the law as they see fit in the circumstances of the cases in front of them, and nothing that we have decided changes that picture. More broadly, we will have a sentencing review—it is something we committed to in our manifesto, and I will say more about that later in the year—to make sure that all our sentencing is consistent and coherent, and that our sentences do actually work, which is what they are meant to do.

• 18 Jul 2024 · Prison Capacity · Hansard source

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  The implementation period that we have put forward in our proposals will allow the probation service time to prepare. As I have said before, that is different from the early release scheme brought forward by the previous Government; it will allow the probation service to do its job and ensure that there is a proper plan for all releases into the community so that they are successful releases. I am sure that my hon. Friend will know about the community accommodation service, which provides transitional accommodation for up to 84 nights for those who are at risk of leaving prison homeless. That will continue. The previous Government scheme released prisoners with little or no warning. This scheme is different. It gives probation time to prepare and should hopefully iron out some of the previous problems.

• 18 Jul 2024 · Prison Capacity · Hansard source

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  I welcome the right hon. Gentleman to his place. On the 18-month period, we have inherited a criminal justice system in complete crisis and at risk of total breakdown and collapse. It will take some time, by necessity, for us to be able to put that right. I do not want to mislead the public that somehow these changes will have a quick effect. The system is in dire straits and it will take time to repair it. It is right that we are up front and honest about that time, and I will update the House regularly. As I say, this Government’s approach will be very different from that of the last Government. We will have a regular release of data, and I anticipate that I will regularly appear before Members to talk about that data, but I welcome that opportunity because it is important that the public are kept updated, and that their representatives in this place are able to scrutinise what is happening and hold us to account. We will need time for the measures to take effect to enable us to move the system to a position of greater health. In terms of who goes to prison, why and for how long, when we have overcrowded prisons, there is no capacity to do much other than hold people in their cells. The activity that we know is important to help people in the prison system to turn their lives around, come out as better citizens and make better choices, having made amends to society, cannot happen in deeply overcrowded prisons. That is why dealing with the capacity crisis is so necessary not just to prevent the collapse of the criminal justice system but to cut reoffending in the long term. Creating some space will allow us to introduce proposals to bring down reoffending rates in the country. On probation, I pay tribute to all probation staff for their tremendous work. My first visit in my new role was to meet probation staff in Bedfordshire. I recognise that they have been working in a system and a service under extreme strain and facing real difficulty. That is why we will onboard 1,000 new trainee probation officers before March 2025 to add extra capacity, and why returning the probation system to health will be a key priority for this Government.

• 18 Jul 2024 · Prison Capacity · Hansard source

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  I thank the right hon. Member—that is a very compelling bit of lobbying from her. May I offer to meet with her, so that we can discuss this issue in person?