Police, Crime, Sentencing and Courts Bill

Debate between Lord Falconer of Thoroton and Lord Thomas of Cwmgiedd

Committee stage
Wednesday 24th November 2021 Lords Chamber

[Lord Falconer of Thoroton (Lab)]

I am grateful to the noble Lord, Lord Thomas of Gresford, for moving this amendment. I had not realised, until he mentioned it, his own critical role in the constitution of the UK as it is now through the evidence that he gave to the Kilbrandon royal commission, rightly described as important. Now we know where to look when we see problems in relation to the constitution.

I wholeheartedly agree with the underlying point that drives the way the noble Lord put his case. The criminal justice system is in a terrible mess. He described the position of the prison system, which is also a terrible mess and is not delivering on its aims, particularly to protect the public from crime and reoffending. However, it does not just go to imprisonment; the whole range of sentencing is now in a terrible mess. It goes even beyond that, to the way that the criminal justice system operates in terms of both its procedures and its effectiveness. Surely the time has come for a long hard look to be taken at the criminal justice system.

This is not remotely a criticism of the noble Lord, Lord Thomas of Gresford, because a royal commission is a worthwhile thing, but I can imagine no more profound exercise in futility than a royal commission promoted by your Lordships’ House, moved by the marvellous noble Lord, Lord Thomas of Gresford, and the wonderful noble Lord, Lord Marks of Henley-on-Thames. Can your Lordships imagine this Government —the Government who approximately an hour and a half ago wagged their finger at us and told us we had to finish the consideration of this Bill by the end of tonight, no matter what time it ended—listening to a royal commission’s proposal for an objective look at sentencing? My own judgment is that, sadly, although the noble Lord, Lord Thomas, makes a very powerful point, the same finger of this Government would be waved at the royal commission and no attention would be paid to it. I share the noble Lord’s feeling and analysis but I fear that, because of the nature of this Government, it would be a waste of time.

[Lord Thomas of Cwmgiedd (CB)]

May I add a more hopeful note? It has been wonderful to see this Government bring forward Professor Ormerod’s work on the Sentencing Code and bring it on to the statute book, and in this Bill—this is a good point—the code is being amended rather than there being any new proliferation of legislation. So one ought to say thank you for that.

However, the Sentencing Code shows the problem. I do not know how often the Minister looks at it but it is a fiendishly complicated set of sentences that we have accumulated over the years. Although we have seen a lot of criticism of the 2003 Act, I would say in its defence that an awful lot of thought was given to it. It may not have been quite right, and there was one area which has gone badly wrong. As I complimented one side, I now compliment the other: when we looked at the 2012 reforms to sentencing, a huge amount of thought went into that. A lot of sentences that were thought to be apposite were brought forward or modified, but at least there was some thinking.

We have now reached a stage where we need—on, I hope a nonpartisan basis—to think again. Is it too complicated? The answer must be yes. Have we got the sentencing regime right in terms of its outcomes and, equally importantly, its cost and whether the money can be spent better? There can be no better mechanism for that than a royal commission. I would hope that the initial thoughts of those who drafted the manifesto could be taken forward, at least in that respect. I would hope, though maybe I am being optimistic, that when it was all laid out what an awful state our sentencing regime is in, logic would prevail and we would see some reform. However, that is just an expression of hope by a person who is not a politician.