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UK PARLIAMENT · SITTING

Jake Richards

MP for Rother Valley · Labour · United Kingdom

IN THEIR OWN WORDS

“There is also the offence of causing death by careless or inconsiderate driving. That covers driving that falls below the expected standard but does not reach the higher threshold for dangerous driving. The maximum sentence is a five-year imprisonment, alongside a minimum 12-month driving ban.”

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“I am not going to criticise independent judges or the sentences given in any individual case—it would be wrong of me to do so—but I accept that too often victims feel that justice has not been done.”

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“Critically, it is not for my Department to consider it, but the Department for Transport is certainly looking at it and is alive to the international evidence that has been raised by a number of Members. I cannot get ahead of what the Roads Minister will set out, but I will make sure that he has heard the contributions to this debate.”

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“The road safety strategy seeks to do that, and we want to get on with it. I am pushing the Roads Minister to work with me to make sure that seriousness of these offences is reflected in sentencing guidelines as much as possible. As well as sentencing, my hon. Friend the Member for Cardiff West spoke about graduated driving licensing.”

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“The hon. Lady is right to raise the duration of the period before trial or conviction; too often, it is far too long, but solving this problem is not as straightforward as potentially suspending someone immediately after the event. As she is no doubt aware, often very complex investigations have to take place.”

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“It struck me, having been a Member of Parliament for only just over two years, that MPs get exposed to aspects of our country that normal citizens perhaps do not, and one of them is the prevalence and tragedy of road deaths.”

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  1. “That is why the Online Safety Act introduced three modern communication offences—harmful communications, false communications and threatening communications—ensuring that our legal framework is fit for the digital age. We have now seen that the new offences introduced by the Act are being applied proportionately and effectively. Earlier this year, an individual was convicted under section 184 of the Act for encouraging a child to undertake serious self-harm through online grooming—the first case of its kind. We have heard about the real dangers that exist online for children, and we must clamp down on them. The case demonstrates the importance of having modern, digital-age offences that are capable of protecting the most vulnerable from genuine life-threatening harm.”

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  2. “It involves the regulation of systems and processes that platforms have in place for tackling illegal content and, critically, protecting children. There are also protections against the over-removal of content, where platforms take down content that they should leave on their sites. As use of the internet has expanded, there has been an increasing awareness that online content and activity can cause serious harm to users. From disinformation to targeted harassment, what happens online now shapes lives offline. The public are right to expect protection online from abuse that would never be tolerated on our streets. There are some circumstances where the criminal threshold is met for genuinely harmful and dangerous material, whether that be online or through other forms of communication.”

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  3. “Freedom of expression is a right that must be protected, but it is not an absolute right; it carries a responsibility to use that freedom honestly and decently. Freedom used irresponsibly corrodes democracy; responsibility without freedom weakens it. The Government’s job is to protect both, and the Online Safety Act and our wider sentencing framework reflect that balance. They are designed to protect individuals, uphold justice and preserve the freedoms that define our society. The Online Safety Act has been designed to safeguard legal free speech, uphold privacy and support innovation. It does not prevent adults from accessing legal content, nor does it restrict people from posting content that others may find offensive.”

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  4. “The Government accepted the majority of the review’s recommendations in principle, many of which are now being delivered through the Sentencing Bill, which is currently progressing through the House of Lords. Our focus remains on ensuring that the justice system protects the public, upholds fundamental rights and uses custodial sentences only where they are necessary and proportionate. The Government have made it clear that we need to focus our law enforcement efforts on preventing crime in our communities—more police on our streets, rather than more policing of our tweets. But the Government do not feel that there is any case for a change in legislation at this stage, as proposed by the hon. Member for Great Yarmouth.”

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  5. “But of course, sentencing has a democratic function, and in my submission this change strikes the right balance. The Government commissioned a comprehensive review of sentencing powers through the independent sentencing review, chaired by David Gauke, the previous Conservative Lord Chancellor. This was wide-ranging and evidence-led, examining the full spectrum of sentencing options. The aim of the independent sentencing review was to ensure that the framework is robust, proportionate and fit for purpose. The review was guided by three core principles: sentences must punish offenders and protect the public; sentences should encourage prisoners to turn their backs on a life of crime; and we must make greater use of punishment outside of prison.”

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  6. “They may also include circumstances surrounding the offence, as well as circumstances personal to the offender. It is right that courts have the discretion to consider these factors and to tailor sentences accordingly, but that does not mean—and none of my argument should give the impression—that sentencing is not subject to democratic accountability. Parliament is sovereign. The Sentencing Bill, which we are taking through the House, makes changes to ensure that the Lord Chancellor and the Lady Chief Justice agree to new guidelines before they come into effect, which is a new mechanism for bolstering accountability. We do not want politicians handing down sentences on each given case, leading to wild inconsistencies and unfairness.”

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  7. “The law also makes it clear that imprisonment should only be imposed as a last resort and where no other sentence would be appropriate. When deciding what sentence to impose, courts must consider the circumstances of the case, including the culpability of the offender, the harm they caused or intended to cause, and any aggravating and mitigating factors. They have a statutory duty to follow any relevant sentencing guidelines developed by the independent Sentencing Council for England and Wales, unless they are satisfied that it would be contrary to the interests of justice for them to do so. Therefore, differences in sentencing outcomes will be the result of a number of factors, including whether the offender has previous convictions or whether an early guilty plea was entered, as well as any particular aggravating and mitigating factors.”

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  8. “The shadow Minister is completely incorrect. The Conservative party’s current proposals are not what was in place before the Sentencing Council was established. They propose to bring the sentencing of every type of criminal case into the Executive. That is a completely new, innovative and wholly dangerous proposal that has been criticised by Conservatives themselves. I remember when Conservatives used to stand up for our constitution and the separation of powers, rather than simply following the populist flame. The sentencing framework is important, because it provides courts with a range of sentencing powers to deal effectively and appropriately with offenders in addition to imprisonment, including through discharges, fines, community sentences and suspended sentences.”

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  9. “In line with our Welsh language scheme, His Majesty’s Prison and Probation Service offers prisoners, people on probation and members of the public the right to choose whether to use English or Welsh in their dealings with us. We recognise that enabling prisoners to use their preferred language is a matter of good practice —not a concession—as prisoners can express their views and needs better in their preferred language.”

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  10. “I thank the right hon. Member for her vital question. She is absolutely right. I will follow up on the correspondence that she sent to the Ministry of Justice—I have not seen that myself. As I set out before, the policy implemented by the MOJ is one that values the Welsh language and will continue to do so.”

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  11. “The Sentencing Bill will create new powers to apply tougher restrictions on offenders’ movements, including the creation of restriction zones and new restrictive licence conditions for probation. This will mean being able to curtail offenders’ freedom on licence, and measures for the courts to use as requirements on community sentences.”

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  12. “I am grateful for the hon. Member’s question. It is absolutely vital that, across jurisdictions and different areas, there is better information sharing from probation services and the police. As the Justice Secretary has just said, the Probation Service is in need of investment. That is why we are investing £750 million— a 45% increase—and we will continue to invest in our Probation Service to ensure that the hon. Gentleman’s constituents are reassured in the future.”

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  13. “My hon. Friend is absolutely right that those in our Probation Service do an outstanding job day in, day out. They are often the hidden heroes of our public services and they deserve great credit.”

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  14. “The Government recognise that pension age is an important issue for frontline staff and our recognised trade unions that represent the views of their members. Officials met POA representatives earlier in the autumn to discuss pension age and will continue to engage with them on this important issue.”

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  15. “I am grateful for my hon. Friend’s question, and I take this opportunity to praise and thank the prison officers who do a remarkable job in what are often trying and appalling circumstances. As I said, the Government will continue to engage with the relevant and recognised unions, as well as with prison officers themselves. I know that the Deputy Prime Minister and Justice Secretary is meeting the POA in the coming days.”

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  16. “As I have already said, it is absolutely right that we continue to have those discussions with the relevant trade unions. Let me be absolutely clear on behalf of the Government: we understand that the work and working conditions of prison officers are getting harder, and we are in the business of trying to help them.”

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  17. “The Government are committed to helping people with convictions find employment and turn away from reoffending. We are continuing to consider the criminal records regime, including the recommendations made in part 1 of Sir Brian Leveson’s review, to ensure that it balances public safety with supporting rehabilitation.”

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  18. “My hon. Friend makes an important point. I met him with officials just last week to discuss his constituent’s case and the issue more broadly. As I have said, we will continue to look at Sir Brian’s recommendation in relation to the Rehabilitation of Offenders Act 1974. This is an issue that we want to look at and act on.”

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  19. “I agree with the hon. Member’s remarks. Many Members across the House will have had constituents come to them in similar circumstances, and it is deeply worrying and troubling. This is complex, because it involves different systems and public safety is always paramount for this Government. We are absolutely looking at this issue and will report back to the House when we have made progress.”

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  20. “That is a characteristically important question from my hon. Friend. Education has a vital role in our prisons, helping to clamp down on reoffending and with rehabilitation. We are working at pace to look at how we can improve education within the prison system, including through the third sector as well as through the formal contracts we already have. Indeed, I am going to a prison in just the next few weeks to look at literacy rates with my hon. Friend the Member for Colne Valley (Paul Davies). There is work to do on this—it is not good enough at the moment—and we will get on with that in the weeks ahead.”

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  21. “As the Justice Secretary has already stated during oral questions, the Government are committed to the ECHR, and that includes for the whole of Great Britain. Clearly, there are issues in ensuring that that convention and our international obligations evolve with the challenges that we face as a country, which is why we are looking at how it is implemented and clarified in domestic law. We continue to work with European partners on European reform, and that includes Scotland too.”

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  22. “It is right that the Probation Service takes those facilities and premises incredibly seriously. We are investing more in probation than ever before—£750 million, a 45% increase—to fix a service that was utterly dismantled by the last Conservative Government, so I hope that the hon. Gentleman’s constituents are reassured that this Government are getting on with job of ensuring that our Probation Service is fit for purpose.”

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  23. “I regularly visit prisons as part of my job, and I pay tribute to the incredible work that prison officers do, day in and day out, including prison officers who come from other countries to do sterling work in appalling circumstances to ensure that our prisons are safe. I thank them for their work, and I reject the premise of the question.”

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  24. “This Bill represents the work of a Government pulling up their sleeves and getting on with the job, however difficult that may be.”

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  25. “However, we cannot only build our way out of this crisis; we must reform sentencing to ensure that our criminal justice system is sustainable. The changes in this Bill will ensure that we never face the situation that the Conservatives left behind: the very real prospect that the most serious offenders would not face prison at all. In a competitive field, the state that the last Government left our prisons in was perhaps the most appalling aspect of the Tory legacy. It was so appalling that, when the former Prime Minister, the right hon. Member for Richmond and Northallerton (Rishi Sunak), became aware of the scale of the crisis, he gave up and called an election. It was the last shameful act of a vandalising, incompetent Government.”

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  26. “I thank all Members who have contributed to the debate. This Bill is a landmark piece of legislation that gives us the chance to put an end to the prison capacity crisis and build a better justice system. Let me be clear at the outset: this Government believe that prison can work, which is why we are undertaking the largest prison building programme since the Victorian era. Many offenders must be sent to prison, some for a very long time and some for the rest of their lives. The Government have already opened 2,500 places since coming to office, and we have made a commitment to build 14,000 more. Despite what has been said by Opposition Members, by the end of this Parliament, under a Labour Government, there will be more criminals in our prisons than ever before.”

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  27. “Lady’s constituent, Paula Hudgell, who has been campaigning for a child abuse register with such eloquence and passion for some time. Paula’s work, life and dedication to Tony and others deserves enormous gratitude from across the House. On the Government’s behalf, I thank her for all that she and her family have done and continue to do. I welcome the constructive comments from the shadow Minister, the hon. Member for Bexhill and Battle, on this issue. I can be clear that Paula has identified a problem in the system, and we are determined to fix it.”

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  28. “I want to turn to some of the amendments and the specific points of debate that we have heard today, starting with new clause 20, which stands in the name of the hon. Member for Bexhill and Battle (Dr Mullan). However, I will begin by paying tribute to the hon. Member for Maidstone and Malling (Helen Grant), who has put her name to that amendment and with whom I have had the pleasure of speaking on numerous occasions this week in the build-up to the debate. The hon. Lady spoke incredibly powerfully about her own experience in the family courts, and I share that experience. Before coming to this place, I was a barrister who spent a lot of time on legal aid cases, representing local authorities, family members or guardians in exactly the types of cases that she mentioned. I share her concerns. I also want to pay tribute to the hon.”

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  29. “My hon. Friend is absolutely right; this Bill will not only stabilise the prison system, but go further and tackle reoffending. She mentioned the intensive supervision courts, but there are also our reforms to short-term sentences, which will cut reoffending. We know it will do that because of evidence that the last Conservative Government commissioned. That was why the exact provision on short-term sentencing, which the Tories are all howling with outrage at now, was in the legislation that the last Government put forward—completely hypocritical. My hon. Friend is completely right; this Bill represents a Government who step up to the challenge, rather than putting their head in the sand.”

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  30. “There are numerous options before us, and it is right that any new system is tailored, in terms of who holds that information and the duties placed upon them, to ensure that particular risks are adequately and proportionately managed.”

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  31. “I am grateful to my hon. Friend. The answer is yes. A problem in the system has been identified, and we are determined to fix it. It simply cannot be right that some horrific child abusers can have access to children—to live with children or work with children—at the end of their sentences without any system of monitoring or notification after those sentences. The Government cannot support the change today because work needs to be done to understand the demand that different options would place upon different public services. It would be wrong to legislate now without a fuller—or even basic—understanding of whether we have the capacity to safely deliver the register proposed in new clause 20.”

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  32. “We have identified a problem, but it would be wholly irresponsible to legislate when we have not had the opportunity to ensure that public services can complete the task. The hon. Member criticises us for not taking action on this issue now, but what about the last 14 years? What about the recommendations of the Independent Inquiry into Child Sexual Abuse, which reported in November 2022? The last Government did absolutely nothing on those recommendations.”

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  33. “I will continue to have conversations with her and other colleagues about that over the coming weeks and months as we look to improve those services within prisons.”

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  34. “Member for Chichester (Jess Brown-Fuller), which seeks to allow prisoners held on remand to access rehabilitative programmes, education, therapy and other support before the start of their sentence. She and I had a brief discussion outside the Chamber about this, and it is important to note that remand prisoners can already access such programmes where prisons run them. The Government accept that there is a lack of such provision in our prisons—something that we absolutely have to improve and work on—but we must remember that remand prisoners have not been convicted of an offence. They cannot be required to undertake any of these services, but it is an issue that I am very much aware of.”

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  35. “I am speaking to colleagues in the Department for Education and the Home Office, and I would be eager, if it is appropriate and possible, to speak to Paula herself to ensure that we get this right. But as I said, we want to do that quickly. I have asked officials in my Department to look at what can be done within the criminal justice system, which sits within the Ministry of Justice, to track child abuse offenders and offences involving child cruelty. I again thank the hon. Member for Maidstone and Malling for her work on this issue. I look forward to working with her, and with other hon. Members who have shown an interest in this issue, to achieve an important change in safeguarding that is absolutely necessary. I turn to new clause 12, tabled by the hon.”

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  36. “We will speak to Home Office colleagues and others to look at the possibility of doing that, absolutely. The hon. Lady has my word—as does her constituent, who is no doubt watching this debate carefully—that I will work at speed on this issue, but I do not want to make promises that the Government cannot keep, so it is vital that we do the work. We understand the burden that it will place on the services that will need to do the work to make sure that this is done, but I want to be clear that this is a problem. We accept that it is a problem, and we are going to take action to solve it. I will continue to have conversations with the hon. Lady as part of that process, and I welcome the offer of cross-party talks.”

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  37. “I am very happy to meet the justice unions parliamentary group to discuss that, but I will never apologise for ensuring that there is work provision in our prisons, because it is absolutely vital. Labour is the party of work. We believe in the inherent value of work, and work in our prisons plays a vital role in rehabilitation.”

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  38. “We are investing £8 million to improve technology, so that probation officers can undertake probation work rather than be stifled by the burden of paperwork. We recruited 1,000 probation officers in our first year and 1,300 this year. However, there is undoubtedly more work to be done, and we will undertake that work in the coming weeks and months. This Government have been very clear that work must be at the heart of our prisons. Ensuring that offenders work will mean that they can be rehabilitated and, when they leave prison, can enter society with the prospect of employment. Clearly, some of the details of how that work provision is provided and the role of the private sector have to be worked out carefully.”

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  39. “As always, I welcome the contributions of the Chair of the Justice Committee. I am very aware of the array of amendments that he and I discussed before Committee stage last week. I have not returned to them in the last seven days, but we will no doubt do so in the coming weeks as the Bill progresses. I will briefly touch on the issue of probation. A number of amendments have been tabled by my right hon. Friend the Member for Hayes and Harlington (John McDonnell) and spoken to by other hon. Members. The Government accept that the Bill places an extra responsibility on the Probation Service. That is why we are investing £750 million in probation—a 45% increase, and the biggest upgrade to investment in probation for a generation.”

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  40. “He is absolutely right that it would be wrong if, in the scenario he painted towards the end of his speech, different parts of the country had different provisions for the deportation of foreign national offenders. I want to give him that reassurance at the Dispatch Box.”

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  41. “I absolutely agree with my hon. Friend. She raised this important issue in a recent Adjournment debate. We are taking steps to provide further work provision in our prisons, working with the private sector, the third sector and others, but we certainly accept that there is more to do. I will briefly respond to the hon. and learned Member for North Antrim (Jim Allister) on new clause 24. He asked me a direct question, and simply put, we do not agree. The Government do not think that this new clause is necessary. Our view is very clear on the legal analysis of the proposed change. The deportation of foreign national offenders will not be prohibited by the provisions of the Windsor framework. If he disagrees with that analysis, I am very happy to meet him to discuss it and look into it.”

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  42. “Member for Newark (Robert Jenrick), wrongly stated in the House on Monday. He was briefly a corporate solicitor, and I would hope he knows better and that he had read the Bill before commenting on it. Judges will always have discretion to send offenders to prison, and short sentences have an important function, especially in certain cases of domestic abuse and violence against women and girls. The Bill makes it clear that the presumption does not apply where the offender poses a significant risk of physical and psychological harm to a particular individual, where they breach a court order or in exceptional circumstances. In Committee, the Government went further by strengthening this provision to ensure that breaches of all civil court orders, such as the domestic violence protection order, were covered.”

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  43. “As I have said, we do not accept that there is a problem, but if there is, we will look to fix it, because that would not be right. The scenario the hon. and learned Member painted, which we do not accept will happen as a result of this legislation, is not right. Amendments 15 and 39 on short sentences are among several tabled by the right hon. Member for Tatton (Esther McVey). They aim to widen the scope of the exemption or to eat away at the 12-month definition of short sentences. That is the wrong direction, and I will set out why. First, we need to clear up some myths that have been shared by the Opposition on this issue. Either they are being wilfully ignorant or they simply do not understand the Bill. We are not abolishing short sentences, as the shadow Justice Secretary, the right hon.”

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  44. “In that regard, the most important part of the Bill is the domestic abuse identifier. It has been worked on, on a cross-party basis, with outside organisations that are campaigning for it. It is an innovative and important step to ensure that these cases—it is a broadbrush so that different offences can all be covered by the one term—can be tracked through the criminal justice system and out to safeguarding agencies to ensure that women are kept safe from their abusers.”

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  45. “Again, as the shadow Minister knows, for each offence the judge will have full discretion over the sentence. When I have spoken to victims of domestic abuse—I have worked with and represented victims of domestic abuse in court—what they feared most was that, when the prison system was on the verge of collapse, some of the most serious offenders would never face prison at all.”

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  46. “They know that the measure is common sense because, as I have said, they proposed it; it was a Conservative proposal towards the end of the last Parliament, and they are now opposing it for opposition’s sake. This provision on short-term sentences will begin to break the cycle of reoffending that does such damage to communities across the country, so we reject the amendments tabled by the right hon. Member for Tatton.”

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  47. “I will finish this point before I give way, because I am dealing with the right hon. Member’s amendments. More broadly, we know that suspended sentences and community sentences can be more effective at reducing reoffending. The level of reoffending among those who serve short sentences is staggeringly high. As I have said already, research commissioned by the last Conservative Government—shadow Justice Ministers continue to cite it—shows that short sentences lead to more reoffending, meaning that tens of thousands more criminal offences are committed each year. If the Opposition vote to drop this provision from the legislation—legislation that the last Conservative Government put forward—they will be voting for more crimes blighting our communities.”

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  48. “The judge on any given case, where there has been an awful offence such as that, will have the power under this legislation to send that person to prison. That is absolutely right and that has not changed at all. I will turn to new clause 19, with which I have huge sympathy. The hon. Member for Bexhill and Battle gave me the opportunity to meet Lenny Scott’s mother, and I will take him up on that. I am happy to do so and I look forward to it. As he knows, the Law Commission is undertaking a review of homicide law, and it would be wrong to pre-empt that, although I am sympathetic to the motivation behind the new clause. As he noted, that awful offender was convicted to life imprisonment with a minimum of 45 years. I understand the mischief that the hon.”

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  49. “That is why we are building partnerships with employers and looking to increase the amount of time that prisoners work in industry to increase employment skills. As I said to my hon. Friend the Member for Amber Valley in our meeting, I look forward to working with her and others to look at how we can expand and improve that framework to ensure that the earned progression model is as effective as possible.”

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  50. “I will briefly explain the current framework as set out in legislation. Bad behaviour, such as acts of violence or possession of a mobile phone, can mean more time in custody. We are making that tougher. To ensure that there is more bite and discipline within our prisons, we are doubling the maximum punishment from 42 days to 84 days per incident by secondary legislation. There will be no automatic release for badly behaved offenders. I accept that I and Lord Timpson should look at the current incentives policy framework to see how we can further incentivise engagement with self-improvement services, whether in work or education. We expect prisoners to work in prison and, where they have educational needs, to engage in classes that support reading, literacy, maths and vocational skills.”

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