Emily Thornberry has defended a Labour attack advert aimed at Rishi Sunak, as Keir Starmer doubles down on the campaign despite backlash from his own MPs.
Labour released the social media campaign last week, accusing the prime minister of not wanting child sex abusers to go to jail, citing data showing thousands had avoided prison since 2010.
The approach caused outrage and critics pointed out that Sir Keir himself had sat on the sentencing council in 2012 when the relevant sentencing guidelines were produced, while Mr Sunak had not been in public life.
In tense exchanges on BBC Radio 4 Today shadow attorney general Emily Thornberry was told Mr Starmer had been a member of the body that set the existing rules that say not all such offenders should be locked up.
Pressed three times to say if Mr Starmer had objected when the decision was made she said she didn’t know.
The figures highlighted by Labour cover the period since 2010, five years before Mr Sunak entered Parliament.
Speaking on BBC Radio 4's Today programme on Monday Ms Thornberry said the adverts were based on "objective fact" and that Mr Sunak was in a position to change policy.
Interviewer Justin Webb pointed out that former director of Public Prosecutions, Mr Starmer, was a member of the “sentencing council” that set the guidelines in 2012 that he is now attacking Mr Sunak for.
After repeatedly trying to avoid answering Ms Thornberry said: “I wasn’t at the meeting and I don’t know what you are talking about.”
She came under further pressure after saying Labour would lock up all child sex offenders - but would not build more prisons.
When it was suggested that voters would “see through” Labour’s stance on the issue, Ms Thornberry denied it was contradictory stating: “We are a party of optimism.”
Ms Thornberry was also forced to admit she did not know what proportion of child sex offenders are jailed.
Writing in the Daily Mail, Labour leader Sir Keir said he refused "to just stand by or avoid calling this what it is" regardless of how "squeamish" it made people feel.
The opposition is expected to launch more adverts attacking Mr Sunak, this time blaming him for "crashing the economy".
Critics within Labour have questioned the party's approach.
Former home secretary Lord David Blunkett called for the ad to be withdrawn, arguing that Labour is better than "gutter" politics.
And former shadow chancellor John McDonnell said: "Nobody in Labour is squeamish about talking about crime and the failure of Conservative governments to ensure people’s safety but, if it’s to be a serious debate, personal smears and Daily Mail-style distortions shouldn’t distract from stating the hard facts."
A new poll by Redfield and Wilton Strategies released on Monday reported the narrowest Labour lead since Rishi Sunak became prime minister.
The opposition are still 14 per cent ahead on 44% (-1) with the Conservatives on 30% (+2) and Liberal Democrats on 10% (-2).