Early Release of Prisoners

I inform the House that Mr Speaker has not selected the amendment. I call the shadow Secretary of State.

I beg to move, That this House calls on the Government to exempt from automatic early release under the provisions of the Sentencing Act 2026 any offender who has been convicted of a sexual offence against an adult or a child, including rape and grooming, or convicted of the attempt, conspiracy, or incitement to commit such offences; further calls on the Government to bring forward legislation to enact this change immediately; and regrets that the Conservative amendment to the Sentencing Act 2026 that would have secured these exemptions was not agreed to. We gather for this important debate at a dangerous but very strange moment. It is dangerous because from September, the Government will start releasing serious criminals from prison part-way through their sentences. Among them, as things stand, will be many violent criminals, including killers, rapists and child sex offenders, because Labour and the Liberal Democrats voted against our amendment to exclude them from the early release scheme. Thanks to those Labour and Lib Dem votes, some of those released may be convicted members of the rape gangs. Our position remains clear: not one of these dangerous, disgusting people should ever have been included in Labour’s early release scheme. It seems that the next leader of the Labour party—the next Prime Minister—disagrees with the Justice Secretary and with the Under-Secretary of State for Justice, the hon. Member for Rother Valley (Jake Richards)—the sentencing Minister—and agrees with us. His people told the Sunday Times that he wants to prevent child sex offenders from walking free. They say that his advisers are working on primary legislation, but they also say that as the right hon. Member for Makerfield (Andy Burnham) is not taking office before the summer recess, they might not be able to act in time. That is what is very strange about this dangerous moment. We have a Prime Minister squatting in Downing Street, holding on until the world cup final, recording videos in empty rooms about his achievements and legacy, and pretending that he will intervene to overturn Jarell Quansah’s red card, with no mandate, no purpose and no authority; and we have the next Prime Minister—indeed, the only candidate to become Prime Minister—saying that he disagrees with what the Government whom he is due to lead will do this September, but that he lacks the time or the power to do anything about it. That is pathetic. The House is sitting this week and next before the summer recess; there is plenty of time to act. The Government could amend the Sentencing Act 2026 to exclude rapists and child sex offenders through emergency legislation. They could lay new commencement regulations, delaying the instruction of the early release scheme, and give the new Prime Minister enough time to get his act together. We have invited the Government to do those things in the motion before the House, and we understand that they will not contest it. After voting for the Sentencing Act and against our amendment to exclude sex offenders from the early release scheme, today they have folded, but they still cannot tell us the plan. Will they bring forward emergency legislation? Will they bring forward new commencement regulations? We know that these Ministers are in office, but not in power, so will the right hon. Member for Makerfield tell us, and the victims of these criminals, what will happen? We should remember how we got here, for this is an ideologically anti-prison Government, and many of their policies look likely to continue under the new Prime Minister. [Interruption.] The sentencing Minister is chuntering from a sedentary position. I understand why he is anxious; I have seen the tweets that he sent about the right hon. Member for Makerfield, and I am sure that the next Prime Minister has, too. He said he was going to be “worse than Jeremy Corbyn” and had the “political antennae of a dead cat”.

Order. The hon. Gentleman should say “worse than the right hon. Member for Islington North (Jeremy Corbyn)”.

Thank you for correcting me, Madam Deputy Speaker. I was quoting the tweets so exactly that I forgot my responsibilities. As I was saying, this is an ideologically anti-prison Government, and many of their policies look likely to continue under the new Prime Minister.

The hon. Member calls this an “ideologically anti-prison Government”, but in 14 years of Conservative Governments, there was a net increase of 500 prison places. In the very first Division post the King’s Speech in this Parliament, I remember voting to deal with that problem, and we had to vote to reduce sentencing times to deal with that mess; otherwise the criminal justice system would have collapsed. Does he not agree?

I think the hon. Gentleman would do well to not take the Whips’ questions, when the Whips have just given up, in the face of the wall of opinion in the parliamentary Labour party, and having given ground in this debate.

Does my hon. Friend agree that those early votes to which the hon. Member for Stevenage (Kevin Bonavia) referred were actually a Trojan horse to allow sex offenders to be released under such schemes? We have brought this motion to the House to make sure that we protect the British public.

I completely agree with my hon. Friend. What I was trying to say gently to the hon. Member for Stevenage (Kevin Bonavia) was that, if the argument is still that this Government need to let sex offenders out of prison because of a capacity problem, Labour Members will be embarrassed by the policy that is about to be introduced by the new Prime Minister, who agrees with us, not with the hon. Member.

As my hon. Friend considers the evolution of the Opposition’s justice policy, might he give consideration to taking the expansion of prisons, or the development of new prisons, out of the ordinary planning arena, as it once was? Prisons should be viewed as elements of critical infrastructure, and our sentencing and detention policy should not be dictated by the availability of square footage.

I completely agree with my hon. Friend. Over a period, the construction of prisons has become needlessly expensive and needlessly time-consuming, as has the development of other critical infrastructure in our country. As we come forward with our plans to increase the capacity of our system, we will definitely look at those barriers. The Prisons Minister says that only a third of prisoners should be locked up. The sentencing Minister says that a pretty big chunk of the prison population should not be there. The Government have legislated to get rid of short-term sentences, effectively decriminalising shoplifting and many knife crimes. They want to reduce sentences for criminals based on their age and, unsurprisingly, their identity. For some, they want to scrap custodial punishment altogether. They want to increase the age of criminal responsibility to 14, so that criminals such as the killers of Jamie Bulger and one of the Fordingbridge gang rapists can avoid criminal trials. They even want to weaken sentences for some murderers.

Further to the point made by my hon. Friend the Member for Stevenage (Kevin Bonavia), the last Conservative Government granted early release, largely in secret, to more than 10,000 prisoners, including domestic abusers and those who posed a risk to children, without putting appropriate safeguards in place, and then they called a general election when the prisons were full. Can the shadow Minister understand why we Labour Members will not take any lectures on criminal justice from the Conservatives?

The hon. Gentleman resembles one of those Japanese soldiers found in 1950 who were still fighting the second world war. The Whips and the Labour party have given up on this debate, and he is still reading out the planted questions given to him earlier today by the Whips, before they bottled it and folded. [Interruption.] I would be happy to give way again, if the hon. Gentleman wants to keep on with this argument, but he is chuntering from a sedentary position. The first action of this Prime Minister—the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), if hon. Members can keep up—was to announce that he would let tens of thousands of hardened criminals out of prison early. Between September 2024 and December 2025, under the standard determinate sentence 40 scheme, more than 50,000 prisoners were let out early. It is no surprise, as prison governors have been lining up to tell the Government, that in the rush to let criminals out, more prisoners were released in error than at any other time on record. It is no surprise that prisons are finding it harder to ensure that released prisoners have a plan for housing and work—but that is not the only mess caused by this reckless policy. Prisoner recalls are at a record high. In fact, more criminals have been recalled to prison than released under SDS40, but Ministers refuse to tell us how many recalled prisoners were let loose through early release. Now the Government are going further. Under the Sentencing Act 2026 and SDS33, thousands of prisoners will be let out after serving just one third of their time. More than 7,000 victims have received letters telling them that the perpetrators of the crimes against them may be set loose. No wonder the Justice Secretary is hiding in his ministerial office, rather than defending his record, or the policy that has now been abandoned. In January, as this House considered Lords amendments to the Sentencing Act, the Minister told the House that “nothing in the Bill changes sentences for prisoners convicted of the most serious, heinous crimes”. —[Official Report, 20 January 2026; Vol. 779, c. 199.] We all knew that was nonsense, because when we tabled amendments to exclude from SDS33 those convicted of the most serious offences—rape, sex offences, child sex offences and more—the Government whipped their MPs to vote against us. That would be bad enough on its own terms, but the Government have completely lost control of the process for early release. They do not even know who is scheduled to be released, or when. My hon. Friend the Member for Bexhill and Battle (Dr Mullan) asked Ministers to break down which offenders would be released when, and to disclose what crimes they had committed. The Minister told the House that it was “not possible to know future release data precisely so far in advance”.

There is a perpetual uncertainty about this issue, as my hon. Friend describes, but at the heart of it is the distance between the popular expectation of what criminal justice should deliver, and what the Government are putting in place. I am not saying that this began with this Government—there is a more fundamental and existential problem—but, in the end, every time Governments do this kind of thing, people lose faith in the justice of the criminal justice system.

I strongly agree with my right hon. Friend. The statistics show that between 1993 and 2012, our prison population grew very significantly, and through that period, crime fell. It plateaued after 2012, as the population grew, and that was a mistake. The Opposition are willing to accept that that was one of the errors of the coalition Government and the Conservatives’ time in power. We need to move on from that, and we will develop policies so that a future Conservative Government can build the prison capacity that the country needs.

Left liberals may not like this, but it remains the case that the public expect the criminal justice system to exact retribution on those who have offended against society. If we do not do that, then individuals may wish to take the law into their own hands. We do not do that in a civilised country; we expect the state to do that on behalf of society. Does my hon. Friend agree that if we constantly diminish the sentences we hand down to serious and dangerous offenders, society may begin to lose faith in the Government it expects to do that work on its behalf?