Sentencing Bill

Debate between Lord Marks of Henley-on-Thames and Lord Lemos

Committee stage
Wednesday 3rd December 2025 Lords Chamber

[Lord in Waiting/Government Whip (Lord Lemos) (Lab)]

My Lords, I am grateful to the noble Lord, Lord Marks, and the right reverend Prelate the Bishop of Gloucester for these important and thoughtful amendments. They seek to give effect to a recommendation from the Independent Sentencing Review, by David Gauke, which would involve creating an independent advisory body that would provide greater scrutiny of the impacts of policy and legislation on the criminal justice system. I absolutely understand the sentiments behind these amendments, and we recognise that this Bill represents a big change to sentencing in the future and that the Government will need timely advice from voices of expertise and experience. I have worked with some of the organisations the noble Lord, Lord Marks, referred to and hold them in the highest esteem.

The Government do not believe that it is right to legislate for a new statutory panel at this stage, but I will say a little about how we think we can take forward the spirit of this. There are already many advisory and oversight authorities for prisons and probation, many of them with statutory remits. However, we will certainly continue to consider whether the creation of a new advisory body is the appropriate mechanism to ensure greater scrutiny and greater effectiveness of the impacts and outcomes of policy and legislation in this area.

Although we are considering this recommendation from the Independent Sentencing Review carefully—I hope I have made it clear that we take it very seriously—we do not support an amendment at this time. As I hope the Committee will understand, creating such a panel requires a good deal of thought about its purpose and responsibilities and how it could fit within the panoply of organisations that already advise the wider criminal justice system. It is already a Rubik’s cube.

As noble Lords will know, the Government are undertaking an ongoing review of arm’s-length bodies, and this sets out clear principles, including ministerial policy oversight, avoiding duplication—that is very important—and improving efficiency. So we are not clear that the creation of such a body in statute, as this amendment would do, would quite align with these aims. So, although we do not accept these amendments today, I assure the noble Lord, Lord Marks, the right reverend Prelate the Bishop of Gloucester and indeed the whole Committee that the Government will continue to consider this recommendation.

On the observations of the noble Lord, Lord Marks, and the right reverend Prelate about improving the understanding of the press and the public, we are certainly in the market for anything that will improve their understanding of how the criminal justice system, particularly sentencing policy, works. So I hope this reassurance about the seriousness with which we take the spirit of David Gauke’s recommendation, and indeed the amendment, enables the noble Lord to withdraw the amendment at this stage.

[Lord Marks of Henley-on-Thames (LD)]

My Lords, I am grateful to the noble Lord, Lord Lemos, for his response and his understanding. I am, however, disappointed that he is not prepared at this stage to commit to putting this recommendation into statute. It seems to me and the right reverend Prelate Bishop of Gloucester to be an important feature. If his concern is that we should continue to try to inform the press and public of what sentencing is about, and of what government policy on sentencing and reducing reoffending is about, then the formation of this body is very important. If the formation of this body is very important, why should it not be sanctioned by statute?