Sentencing (Pre-consolidation Amendments) Bill [HL]

Lord Brown of Eaton-under-Heywood Excerpts

Second reading committee (Hansard): House of Lords
Wednesday 12th June 2019 Grand Committee

[Lord Brown of Eaton-under-Heywood (CB)]

My Lords, it is a great pleasure to follow my noble friend Lady Deech, although even more than most, she makes one wonder why one is bothering.

Perhaps unusually for a Second Reading debate, the imperative, I suggest, for all speakers today has been to say nothing of any great interest, let alone originality—a precept that I am proposing to follow. I am sure that all of us have our own views on various aspects of sentencing policy, our own pet proposals about how it could be improved. I have canvassed some in the past about IPP prisoners still in custody. Today’s Bill, though, as has been explained fully already, has absolutely nothing to do with sentencing policy. As part of what is purely a consolidation process, it does nothing—indeed, must do nothing—whatever to change sentencing policy. The one critical change that the Bill brings about is the rationalisation, the better understanding, of existing sentencing law, which is currently found strewn all over our statute book. That is truly a worthy objective in its own right. I hope that this will put an end to the astonishing number of unlawful sentences that have been passed over recent years. More generally, it will streamline the sentencing process to the benefit of all.

As others have said, the Law Commissioner principally responsible for this project, Professor David Ormerod QC, who came to see me too—although rather more recently than he did the noble and learned Lord, Lord Garnier—is to be warmly congratulated upon what is, in truth, a remarkable achievement. He has worked upon it tirelessly for years and brings to the task huge expertise, ingenuity and analytical skills. Nothing whatever must be done during the Bill’s passage to delay or deflect it into other paths. Comparatively few Bills do indisputable good and cause no conceivable harm. This is one of them, and the case for its smooth and speedy passage into law is compelling. If one thing has emerged from the speeches today, it is surely this: the truly desperate and urgent need for this legislation.

I promised that I would say nothing original or of interest and I have kept my promise. I put myself down to speak in the debate with the sole object of adding my name, for the little it may be worth, to the other, more illustrious, names who are rightly giving their unqualified support to this admirable Bill.