Electronic Monitoring of Offenders
<em>(Urgent Question):</em> To ask the Secretary of State for Justice if he will make a statement on the electronic monitoring of offenders.
Conservative and Unionist Party MP for West Suffolk since (elected).
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<em>(Urgent Question):</em> To ask the Secretary of State for Justice if he will make a statement on the electronic monitoring of offenders.
You would not believe, Mr Speaker, listening to the Minister that the numbers of prison places and prison officers are actually down. It all sounds like it is going very well according to her version of events. Labour told us that to keep the public safe from the dangerous criminals it is releasing early, the Justice Secretary would implement the toughest tagging regime in British history, and that there would be a new presumption that offenders will be electronically tagged and monitored when they leave prison. But the Metropolitan police told Sky this weekend that it will not act on all breaches of tag conditions by bailed offenders, blaming the pressure created by Labour’s early release scheme. Just in London, there have been 100 tag breaches a day by released prisoners since the first early release scheme started, with two to three released prisoners now being rearrested every week. The Met commissioner said that “95%-plus of the tagging breaches that we arrest are simply being bailed back into the community on the same condition”. He says, “there is zero sanction”. One sergeant said: “There are not enough cops” to handle Labour’s early release of thousands of prisoners. The Justice Secretary, when he stops hiding in his Department and sending junior Ministers to answer for him, needs to be straight with the House and the public. Four days after his early release scheme started, he told the BBC that he did not know—that it was impossible to know—how many prisoners had been tagged. He wrote to me yesterday admitting that he still does not know, and that is 26 days later. <em>The Times </em>reports that most prisoners will not be tagged as they are released from prison, and we know that more than 5,000 offenders went unmonitored in the first half of this year because they were not fitted with tags. This is a mess. So chaotic is Labour’s early release scheme that prisoners are being given tents instead of housing upon release. As a matter of policy, these prisoners will be in probable breach of their licence and tagging conditions, which require them to have an approved address, all because the Probation Service is overwhelmed. We know that two thirds of prisoners who are sleeping rough go on to reoffend within the first year. Ministers keep telling us that the full data on tagging and reoffending cannot be published until the regulation publication dates. I ask again: will Ministers publish full data on how many released prisoners have been tagged? Will they publish comprehensive data on reoffending by prisoners let out through Labour’s early release scheme, and will the Justice Secretary apologise to the House for telling the public that they would be kept safe?
<em>(Urgent Question):</em> To ask the Secretary of State for Justice if he will make a statement on the early release scheme.
Two weeks ago, 700 prisoners were released from prison across the country, and today a further 650 will be released, most after serving just one third of their sentence. The Justice Secretary told the country that proper safeguards would be put in place, with a presumption that all released prisoners would be tagged. He called it the “toughest” tagging regime in history, but that was nonsense. Four days after the first release, the Justice Secretary admitted that he had no idea how many released prisoners had been tagged, and protested that it was unreasonable to expect him to know how many had been tagged so soon into the scheme. I have some advice for him and his Ministers: it is better to work out how to implement your policy before it starts, not after. We know that a majority of prisoners are not being tagged before release, and we know that reoffending is already off the charts. The Met says that there have been 100 tag breaches in London each day since Labour’s first early release scheme began, while two or three prisoners released early are being re-arrested every week. I do not want to hear the same old lines from the Minister about prison building, though I note he has changed his tune since the Prime Minister took office in July. Since the election, not a single new prison development has been planned or approved—those were the Minister’s words in a written answer. The only new prison opened was begun under the last Government, and prison places are unused because officer numbers are down under Labour. Can the Minister tell us very clearly the answers to the following three questions? How many prisoners released so far have and have not been tagged? How many tag breaches by released prisoners have there been? If he does not know the answers to those questions, when will the Justice Secretary and his team find out and tell the House of Commons?
Time and again, for more than a year now, Ministers have come to the Dispatch Box and told the House that their attack on jury trials was essential to making the courts work efficiently. Time and again we told them that they were wrong, and so did more than 100 of their colleagues on the Government Benches. We said that the right to a trial by jury is an ancient English right—a vital part of our national inheritance and a necessary safeguard against the might of the state. Ministers ignored us and said that we did not understand. They briefed against their colleagues and, in the case of the hon. Member for Kingston upon Hull East (Karl Turner), they smeared him disgracefully. Now they admit that they were wrong and we were right. All those Ministers and Labour MPs who stuck to the Government line in the face of all the evidence should reflect on the limits of blind party allegiance and following the instructions of their Whips. It makes them look very foolish today. I remind the Courts Minister in particular of our exchange in the House in June. When I told her that the incoming leader of the Labour party, now the Prime Minister, was going to scrap her prized policy, she told the House that I misunderstood his position. She said that the right hon. Member for Makerfield (Andy Burnham) did not in fact oppose their assault on jury trials. Yet here they are, with their policy largely abandoned, and her authority as Courts Minister lies in pieces. Like Monty Python’s Black Knight, the Courts Minister declared in June, “I move for no man.” As her policy lost one limb, she insisted it was but a scratch. As it lost another, she claimed it was just a flesh wound. Now that the Bill is left completely dismembered, she has gone from insisting, “I am invincible,” to finally saying, “All right, we’ll call it a draw.” But it is not a draw; it is a very serious defeat, and it is a victory for our constitutional settlement, our rights under the Crown and the sacred principle that no one shall be convicted and deprived of their liberty except by a jury of their peers.<span id="304" class="column-number" data-column-number="304"></span> This was a battle that should never have been fought. In the last year, 17,601 sitting days were lost because Crown courtrooms sat empty. On average, about 16% of Crown courts are not sitting on any given day. We have repeatedly called on the Government to get the courts sitting throughout the year. That is how they should cut backlogs, not by attacking juries. I said that the attack on juries had been largely abandoned, but the Government have not completely given up. There remain serious problems with the Bill, which will remove the right of defendants to elect a jury in either-way cases and increase the sentencing power of magistrates courts so that more cases are heard there. However, the magistrates backlog has reached 380,000 open cases—a 9% increase on the previous year. The Government have not told us what additional resources will be given to magistrates to manage the increase in workload, nor what new safeguards will ensure justice. Indeed, there has been no assessment of the likely effect of the change on appeal rates. We know that of appeals against verdicts given by magistrates, up to 56% are allowed. The Bill will also remove juries from what it calls complex and lengthy trials, which are normally said to be cases involving fraud. The independent reviewer of fraud, Jonathan Fisher KC, concluded that there was no justification for the change. But clause 4 does not only concern fraud trials; the Government seek to extend the scope of judge-only trials to other complex cases in later years by secondary legislation. That would give them the power to resume their attack on jury trials without proper scrutiny or debate. The proposal is a disgrace and we reject it emphatically. The Bill as amended will also establish a review of the court system with a specific remit to consider inequality of outcome based on racial identity. Once again, the Labour party is trying to engineer judicial outcomes based on identity rather than treating us all as free individuals accountable before the law. The Opposition will resist that and stand for the principle that it is only our actions that matter, not who and what we are. Opposition Members are committed to the ancient right to trial by jury, but while the principle of jury trials is sacrosanct, there is increasing evidence from recent cases that juries may, in some examples, have been compromised by the political or religious bias of some jury members. We have seen the acquittal of violent thugs, including the man who smashed a female police officer’s spine apparently because he was a member of Palestine Action. We have seen vandals from Just Stop Oil found not guilty despite clear evidence of their guilt. Many in the legal profession are concerned that this is an increasing trend in courts across the country. If those who break our laws walk free because jurors feel kinship towards them or because the cause for which the defendant committed a crime is just, justice is no longer blind. That flies in the face of the rule of law. It must be stopped.
Had the hon. Lady listened, she would have heard that I said individual barristers—I did not say organisations. [Hon. Members: “Ah!”] The Justice Secretary and others ought to listen to those professionals who experience the justice system every day. The Government’s handling of the Bill has been a shambles from start to finish. It still contains dangerous provisions that limit the right to elect and to appeal, and that allow Ministers to attack jury trials by secondary legislation and put more cases through the magistrates court. We will vote to reject the Bill to preserve equality before the law and the right to a fair trial. <em>Question put</em>, That the Bill be now read the Third time.
Upon taking office, the Prime Minister promised to “find ways of not reducing access to jury trial.” He said that jury trials are a “linchpin of a fair society.” Now that we know the Courts and Tribunals Bill will return to the House on 13 October, immediately after the recess, can the Justice Secretary guarantee that the Bill will not reduce access to jury trials at all?
I asked the Justice Secretary to rule out reducing access to jury trials, and the House will have noticed that he did not do that. We are not talking about something insignificant; we are talking about an ancient English right dating back to Magna Carta. As with Labour’s early release disaster, the new Prime Minister told everybody he did not like it and would not do it, but he never got round to working out what to do instead. Once again, the Justice Secretary has made much of his desire to work together constructively—although I have not seen much of it in our correspondence—so will he publish the full details of the new plan now, or does he still not know what it is?
You’ve ignored letters all summer!
This summer, the Government held five different positions on early release in just six weeks. In seeking to exclude killers, rapists and paedophiles—something the Government previously claimed was impossible—the Justice Secretary has used secondary legislation. He says: “No further legislation is required in the short term…primary legislation will…be considered when Parliamentary time allows.” Will the Secretary of State guarantee that after relying on secondary legislation to change Labour’s early release scheme, no prisoner will successfully challenge their exclusion in the courts?