Sentencing Guidelines (Pre-sentence Reports) Bill

Debate between Luke Evans and Siân Berry

Committee of the whole House & Report stage
Wednesday 30th April 2025 Commons Chamber

[Siân Berry (Brighton Pavilion) (Green)]

I associate myself with every single thing that the Mother of the House has just said, because I could not possibly live up to it. I genuinely believe that this Bill will undermine efforts to ensure that equality before the law is a reality for everyone. It flies in the face of expertise and of the painstaking, authoritative work of the Sentencing Council —a rightly independent body run by, and for, the judiciary. This is a strange and populist Bill that is undermining and delaying good, well-evidenced independent guidelines for effective sentencing that would have made our justice system more fair, rather than less.

I will start my objections to clauses 1 and 2 standing part of the Bill—I am essentially opposing the Bill as a whole—by commenting on the process. We have before us a single-page Bill that in its specificity and intent cannot but bring to my mind how the current President of the United States is using executive orders to interfere intrusively and intricately in the rightly independent decision making of other bodies. This is a micro Bill that micromanages. I worry what else we might see from this Government if such an example is set today. On Second Reading, the shadow Justice Secretary was not shy of telling us about his next targets, which include the long-standing “Equal Treatment Bench Book”. The hon. Member for Hammersmith and Chiswick (Andy Slaughter) has outlined other guidelines that might be immediately affected if we pass this Bill today.

My second objection is about the substance of the Bill, which is primarily contained in clause 1. I cannot believe that Ministers and shadow Ministers are unaware that achieving fair and equal outcomes does not mean treating everyone exactly the same. That principle is so fundamental that I think I learned it through the round window. I cannot believe they are unaware that systemic racism and unconscious bias are real things that still affect people at every stage of the criminal justice system in the United Kingdom in 2025. They must be aware that the good practice that we put together must mitigate those things, or else it will compound them.

I do not believe that the Government as a whole think that the findings of the independent Lammy review of 2017 are untrue, or that they and a wealth of other evidence did not demonstrate the need for guidelines of this sort to provide information to help mitigate the impact of systemic racism and prejudice. Yet here we are, being asked to vote for legislation that essentially bans this evidence and these principles from being part of independent judicial guidelines.

[Dr Luke Evans]

My concern and that of Opposition Members is that the guidance gave examples where pre-sentence reports would “normally be considered necessary” and picked out an identity of a religion or a minority, thereby entrenching racism back into the system. That is the very aim that the hon. Member purports to not want to see. That is the fundamental argument that the Government and the Opposition are putting forward. We do not want to see this situation made worse.

[Siân Berry]

This is—