Labour's Emily Thornberry defends Rishi Sunak attack advert

Labour's Emily Thornberry has defended a party advert which claimed Rishi Sunak did not think adults convicted of sexually assaulting children should go to prison.

The shadow attorney general insisted the prime minister was responsible for a "broken justice system".

Earlier on Friday, her colleague Lucy Powell refused to endorse the ad but said she stood by the party's campaign.

The advert has been condemned by politicians from all major parties.

Senior Tory MP Tobias Ellwood described the ad as "appalling" and claimed it threatened to undermine the democratic process.

"We should be better than this. I've called it out on my own side for stooping low and do so again now," he added.

Next to a photo and mock signature of the prime minister, the advert posted on Thursday said: "Do you think adults convicted of sexually assaulting children should go to prison? Rishi Sunak doesn't."

The caption accompanying the campaign graphic read: "Labour is the party of law and order."

Ms Thornberry was pressed on Radio 4's Any Questions if she genuinely thought Mr Sunak held these views.

She replied: "If he believes that everyone responsible for child abuse should get a custodial sentence, why are so many not getting a custodial sentence? He is the prime minister and that is a legitimate question for the opposition to ask."

Ms Thornberry did acknowledge that many people she likes and respects had criticised the advert.

"Some felt very uncomfortable about it, some thought that it was racist - and I have to say I think they are wrong.

"I think that the truth is that we do need to have a debate in this country and Rishi Sunak in this country is the Prime Minister and he is responsible for a broken justice system."

Also on the programme, Pensions Minister Laura Trott branded the ad a "desperate stunt" and called Labour leader Sir Keir Starmer a "political opportunist".

Lib Dem MP Munira Wilson said: "I was pretty disgusted by it when I saw it last night. This is not an attack ad my party would use."

Speaking on BBC Breakfast, Labour's shadow culture secretary Lucy Powell repeatedly refused to endorse the advert but said: "I stand by what this tweet and this campaign is trying to highlight.

"The graphic itself, obviously, is a skit based on his own graphics that he extensively uses," she added, in a sometimes fiery exchange with BBC Breakfast's Naga Munchetty.

"I can see it's not to everybody's taste and some people won't like it."

Labour's former shadow chancellor John McDonnell was among those who criticised the approach and he urged the party to withdraw the tweet.

Former Conservative cabinet minister Rory Stewart - who served as justice minister under Theresa May's premiership - was also critical, and called for "policy not polarisation".

He said: "Is someone going to point out that this is about laws, sentencing guidelines and judicial practices? That were not and would not be different under Labour? Or talk about how even tougher sentences have overcrowded prisons?"

Scottish National Party MP John Nicolson said the post was "nauseating" and that it "cheapened and debased" politics.

Despite the backlash, Labour tweeted a second advert on Friday - accusing Mr Sunak of being soft on gun crime.

The ad asked: "Do you think an adult convicted of possessing a gun with intent to harm should go to prison? Rishi Sunak doesn't."

It said 937 adults had been convicted of possession of a firearm with intent to harm but served no prison time, citing Ministry of Justice data.

We asked Labour how it came up with the figure - featured in the ad - of 4,500 adults "convicted of sexually assaulting children under 16" who served no prison time under the Conservatives.

It pointed us to Ministry of Justice statistics for England and Wales from 2010 to 2022.

If you look at adults - those over 18 - then you do get to that figure of people who were convicted but received a community sentence or a suspended sentence, rather than being sent to prison.

It's worth noting the figure covers both sexual assault of a child and sexual activity with a child - Labour's ad says the figure relates to sexual assault only, though its press release does mention both categories.

Sentencing Guidelines for courts in England and Wales do also allow for community sentences - as an alternative to prison - in cases of sexual activity with a child over 13.

The guidelines say: "Community orders can fulfil all of the purposes of sentencing. In particular, they can have the effect of restricting the offender's liberty while providing punishment in the community [and] rehabilitation for the offender".

Crime is traditionally safer ground for the Conservatives, but Labour leader Sir Keir Starmer believes the issue can be a vote-winner for his party.

Although it is not something councils are directly responsible for, crime has become a key talking point in the run-up to the local elections next month.

In the cut-and-thrust of campaigns, parties often make spurious claims about their opponents.

However, Sir Keir has been careful to cultivate the perception that his party is the "grown-up in the room".

With that in mind, many Labour supporters believe these adverts could do more harm than good.