Sentencing Bill

Lord Stewart of Dirleton Excerpts

3rd reading
Monday 12th January 2026 Lords Chamber

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

My Lords, I start by thanking the noble Lord, Lord Timpson, for his kind and generous introduction. This is an important Bill and we on these Benches have supported its principal purposes throughout—those being to address the extreme prison capacity crisis, to move away from reliance on more and longer prison sentences, and to introduce a presumption against short sentences of immediate imprisonment and switch to greater use of suspended sentences, coupled with community supervision. Our concerns now are to ensure that the Government’s ambitions for probation are properly resourced and met, and I know the noble Lord knows how challenging achieving those ambitions will be. It will involve better use of technology, effective use of tagging and in particular making a real success of the recruitment, training and motivation of the Prison and Probation Service.

The noble Lord also knows how much we on these Benches appreciate the engagement that he and the whole Bill team have had with us, but also with other noble Lords across the House. His approach to this Bill, and that of the noble Lord, Lord Lemos, have been a fine example of co-operation across the House driving significant improvement in legislation. We have made important changes and, I think, without wasting time. Among other welcome changes, we are particularly grateful to the Government for agreeing to the removal of Clause 35, with its unfortunate proposals for probation officers to take and publish photographs of offenders undertaking unpaid work. We are also very grateful for the Government’s commitment to thorough, open and regular reporting on prison and probation capacity and staffing. I pay credit to the contributions of my noble friend Lord Foster in this area, as well as for his contributions on gambling.

We believe that the Bill has the potential to move us towards a more effective and humane sentencing system that concentrates on rehabilitation of offenders and reducing reoffending and puts victims at its heart.

One issue that will need further consideration from the Commons, and again here, is the provision of free transcripts, for which this House voted, which would benefit public understanding, and particularly victims’ understanding, of how the justice system works. I hope we will find an agreed and acceptable way forward on this issue, despite the Government’s concern, which I understand, as to the initial cost of providing free transcripts.

Finally, on the other side of the balance, it is a shame that we have not made the progress that we sought in ending the scandal of IPP prisoners still in prison or on licence for years after their tariff sentences have been served. That is serious unfinished business, and the appalling injustice involved remains to be fully addressed. I know that Members around the House hope that it will be effectively addressed soon. Nevertheless, we are extremely pleased to see the successful passage of the Bill through the House.

[Lord Stewart of Dirleton (Con)]

My Lords, I too am grateful to all noble Lords for their constructive engagement on this important Bill at every stage of its passage. On behalf of my noble and learned friend Lord Keen of Elie and my noble friend Lord Sandhurst, I echo the words of the noble Lord, Lord Marks of Henley-on-Thames, in thanking the Minister for the open and courteous manner in which he engaged with the House throughout the Bill’s consideration.

We on these Benches are particularly pleased that the Government tabled Amendment 53. We are proud to have championed the case for addressing a serious and unjust gap in the law relating to the imposition of whole life orders for the murder of police and prison officers. We too acknowledge the determined campaigning work carried out by the parents of Lenny Scott after the murder of their son in February 2024. We also welcome the Government’s decision to extend this provision to probation officers, who carry out exceptionally demanding and important work in the service of the public.

I also thank the Minister for Amendment 58, which introduces an annual report on prison capacity. This is an issue which we pressed strongly in Committee. If Parliament is to legislate for significant changes in sentencing and release policy, it is only right that the public are provided with a regular and transparent account of the prison estate. While we would have preferred the Government to commit to a more detailed report, this none the less represents a welcome step forward.