Sentencing Bill

Carla Lockhart Excerpts

Tuesday 20th January 2026 Commons Chamber

[Jake Richards]

Absolutely. I thank my hon. Friend for his service, his contribution, and his support for Lords amendment 1. As I said when I had the great privilege of meeting Lenny’s parents last week with the shadow Justice Minister and Lord Timpson in the other place, this is not just about the technical mischief that the amendment solves; thankfully, these cases are few and far between. This is about sending the signal to the brilliant prison and probation officers that the work they do is respected by people in this place and the country at large. I hope that this small change goes some way to doing that. Indeed, since we have announced this change, I have met prison officers who have intimated their gratitude to Lenny Scott’s parents, and to this place for hopefully making this change, and that is welcome.

Lords amendments 2 to 5 relate to the Sentencing Council. Through the amendments, we have sought to clarify what is expected from the Lord Chancellor and the Lady Chief Justice when they are considering any requests from the Sentencing Council for approval of its business plans and sentencing guidelines. Broadly speaking, the amendments do three things. First, if the Lord Chancellor decided not to approve a business plan, amendment 2 would require them to notify the council. It also requires them to lay a document before Parliament as soon as is practicable, stating the reasons for that decision. Amendments 3 and 4 make similar provisions under different guises.

Secondly, we want to make it clear that a very high bar must be met for any guidelines to be rejected, so amendments 4 and 5 provide that guidelines can be rejected only when that is necessary to maintain public confidence in the justice system. Finally, we have set out in the Bill that any approval requests from the council are to be considered as soon as practicable. Taken together, the amendments represent a significant step by the Government to ensure that these approval processes are surrounded by clear safeguards, transparency and accountability.

[Carla Lockhart (Upper Bann) (DUP)]

While the Lords have endeavoured to amend the Bill in a number of areas, part 4, which allows foreign national offenders to be deported at any time during their sentence, are important to Northern Ireland. Because of article 2 of the Windsor framework, an assessment has been made that there is a risk that these offenders will not be removed in Northern Ireland, leaving us with a two-tier system in which foreign criminals in Northern Ireland benefit from additional EU-derived human rights protections, rather than being sent home. Will the Minister meet me and a number of my colleagues to discuss this important issue to Northern Ireland?

[Jake Richards]

This issue was raised, I think on Second Reading and on Report, by one of the hon. Member’s colleagues. The legal advice we have received simply states that there is no discrepancy in Northern Ireland. I am happy to have a conversation with her and any other colleagues on that. It is clearly only right that these provisions apply to Northern Ireland, too.

The Government are committed to greater transparency on prison and probation capacity, and to current and future Governments being held to account. We have demonstrated that by publishing the first annual statement on prison capacity, in December 2024; the 2025 edition will follow shortly. Lords amendment 6 delivers on that promise by making it a statutory requirement to lay a statement on prison capacity before Parliament each year. Legislating on this duty ensures transparency in the long term, and delivers on the Government’s commitment to do so. Never again will we be in the position that this Government inherited after the previous Government overlooked prison capacity for 14 years, leading to the crisis with which we had to deal.

The Government have also accepted Lords amendment 12, which removes the clause that would have introduced a power to publish the names and photographs of those subject to an unpaid work requirement. The purpose of the clause was to increase the visibility of community pay-back, and to ensure that the public could clearly see justice being delivered. We remain committed to ensuring that local communities can see the benefits of community pay-back in their area. However, we have listened carefully to those in both Houses who have raised issues relating to this measure, and, perhaps more important, to the concerns raised by our brilliant probation and prison staff on the ground, and following careful consideration we do not think it appropriate to proceed any further. We are confident that unpaid work, bolstered by wider provisions in the Bill, will continue to be tough and visible without the addition of this measure.

We are pleased to have made further progress on sentences of imprisonment for public protection. We want to do everything we can to enable those who are still serving such sentences to progress to the end of them, but we are not willing to undermine public protection. The amendments made in the Bill strike that careful balance. The Victims and Prisoners Act 2024 made significant changes to the IPP licence period: the qualifying period for referral to the Parole Board for consideration of licence termination was reduced from 10 years after first release to three years for those serving IPP sentences, and two years for those serving detention for public protection sentences who were convicted when they were under 18.

It is over a year since the first of those measures came into force. The licences of 1,700 people were terminated automatically on 1 November 2024, and a further 600 became eligible for referral to the Parole Board on 1 February last year. We have now gone further by giving those serving IPP sentences an earlier opportunity for licence termination, and providing an additional opportunity for license termination to those serving IPP and DPP sentences thereafter. Those serving IPP sentences will be considered for licence termination two years after release, rather than the current three years. That provides suitable time for support and rehabilitation in the community, while ensuring that our communities are best protected from harm.