Jake Richards

“I thank the shadow Justice Secretary for his opening remarks. This is a profoundly serious matter for all Members in this place, victims across the country—including those here in the Gallery—and indeed all members the public. Confidence in our law and order system must be maintained. We must all, therefore, recognise that we as a country face a challenge: to ensure public safety and protect victims while maintaining a functioning prison estate. I have no doubt that this is a priority for us all. To begin, it is imperative to recognise the genesis of the Sentencing Act 2026, its implementation and provisions and, ultimately, why we are debating these issues. On 5 July 2024, the Home Secretary, in her first day in office as the then Justice Secretary, was presented immediately with a criminal justice system in crisis. There were fewer than 100 places left in the adult male estate. A day one decision for her was the nature and scope of an emergency release scheme, not whether there should be one. We all remember the chaotic scenes that we saw in the weeks afterwards. There were similar scenes when such last-minute release schemes were implemented by the last Government: judges were told not to jail the most serious offenders due to a lack of prison places and criminals walked away, with a lack of time to provide the most robust community measures. The Conservative party released more than 10,000 prisoners early for a series of emergency measures taken to manage the capacity crisis they created. Those schemes were introduced at short notice, without the long-term reforms necessary to put the system on a sustainable footing, but there was no option but to act to prevent a collapse of the criminal justice system, which would have seen sex offenders and others able to act with impunity. A prison capacity crisis is not just a problem for our prisons; it means the unravelling of the criminal justice system completely, with courts unable to hear cases, police unable to make arrests and a grinding halt to law and order in our country. Therefore, in the aftermath, the Government rightly wanted to ensure that would never happen again. The Home Secretary—then the Justice Secretary—commissioned the right hon. Sir David Gauke to undertake an urgent review of how we sentence offenders. On its conclusion, Gauke found that under the previous Administration action was taken only when the criminal justice system was within three days away of collapse. We recognised then that a two-pronged approach was required. One part was to build more prisons, backed by capital investment. That is how we have been able to embark on the biggest prison building programme since the Victorian era, with 14,000 new prison places by 2031. Two years into this Government, 3,200 places have already been delivered—contrast that with just 500 extra places over 14 years under the Conservative party. In the 14 years of Conservative government, 23 prisons were closed. We would not be having this debate if those decisions had not been taken.”