Sentencing Guidelines (Pre-sentence Reports) Bill

Siân Berry Excerpts

Wednesday 30th April 2025 Commons Chamber

As I said at the beginning of my speech, I believe everybody is not treated the same, and people outside this Chamber will not understand how so many Members, including so many Ministers, are trying to claim that we are all treated the same. If we want to hold our criminal justice system up to the light—if we want to show people that we as a House are concerned with making sure that the system is fair and is seen to be fair—we should accept the guidelines that have been put forward by the Sentencing Council.

[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—

[Ms Abbott]

Will the hon. Member give way?

[Siân Berry]

Yes, of course.

[Ms Abbott]

Just to respond to the point that the hon. Member for Hinckley and Bosworth (Dr Evans) has just raised, the guidelines did not pick out race and ethnicity. In fact, they listed a number of circumstances in which a pre-sentence report might be considered appropriate, such as someone facing their first custodial sentence, someone who is under 25, someone who is a woman, pregnant, a primary carer or a dependent relative, someone who has said they are transgender or someone who may have addiction issues. Far from the Sentencing Council picking out race and ethnicity, that was only one in a long list of circumstances in which it suggested a pre-sentence report might be appropriate.

[Siân Berry]

To return to the intervention from the hon. Member for Hinckley and Bosworth (Dr Evans), it is difficult for some to realise that with these guidelines, the definition of “normal” has flipped away from the male, the white, the Christian and the majority to shine more of a light on people who are parts of minorities and might have experienced systemic problems leading up to the sentencing decision. That is the point of the guidelines. That is how we act in an anti-racist way. It is how we put together policy that mitigates the great problems that the Mother of the House, the right hon. Member for Hackney North and Stoke Newington (Ms Abbott), has outlined and we know well.

In contrast to this rushed Bill, the process that led to the now suspended new Sentencing Council guidelines was excellent: the document was consulted on widely; the Justice Committee looked at it; and it was given the green light by a Conservative Government, of which the shadow Justice Secretary was a member. Before I am intervened on, I am aware that a small change was made, but in essence the same document has come forward and the same principles were enshrined in the document that was proposed and approved. There was basically consensus that more use of pre-sentence reports should be made for people suffering from systemic injustices, that particular groups might be in greater need of them, and that judges should be permitted and encouraged to ask for such reports for those groups in more circumstances.

I want to talk about another group who will suffer from the delay caused by the Bill suspending the guidelines. I do not know when we will get new guidelines, but there will be more harm to women, families and children, who were all given more specific focus in the new—now suspended—guidelines. I have worked for some years on the problems and injustices facing women in the criminal justice system. I am concerned about the serious consequences that will come from any delay to these long overdue changes to further widen the use of pre-sentence reports and to make those reports easier for these groups. There will be serious consequences not only for too many people with these characteristics or circumstances—however we define it—but for wider society too. Will Ministers tell us about the impact of this delay on women, families, pregnant people and other groups named? When will we get new guidelines that include them? How many people will be harmed in the meantime? This delay has already taken some weeks.

Some Members will be familiar with the seminal 2007 Corston report about women with particular vulnerabilities in the criminal justice system. Incidentally, that document reminds us in its introduction:

“Equality does not mean treating everyone the same.”

The Sentencing Council guidelines were about to help plug a gap that still remained in terms of addressing the recommendations and themes of the Corston report. Indeed, in its commentary, the Sentencing Council rightly points to deeply concerning evidence of this problem. I am aware of difficulties judges have had in justifying delays and adjournments to go and get pre-sentence reports. The old guidance pushed for often impossible same-day reporting back from the Probation Service and cautioned against adjournments. With this delay to the new guidelines, will it be 2027—20 years after Corston—before the old guidelines are fully removed? How many women might be harmed in the meantime?

As far as I can see, the shadow Justice Secretary has scored a major win today, seizing this issue to stage another culture war ambush against another minority. Instead of standing by judges and by important principles we have all known for a long time—instead of simply allowing these guidelines to be trialled while the concerns being raised were addressed calmly—this Government have essentially put an executive order-style Bill before us now for its remaining stages. There was not even time on Second Reading for opponents like me to point that out.

I am sorry, but I believe that this Bill represents nothing less than a rushed and extraordinary capitulation by this Government to hard-right propaganda. People will suffer injustice as a result. It is profoundly worrying to see the Government legislating in this manner, micromanaging justice in ways that are led by—let’s face it—dog whistles, rhyming slogans and disingenuous propaganda. I will support new clause 1, but I sincerely hope that other Members will join me in voting against this Trumpian Bill and showing our respect for the independence of judges and magistrates on these matters. It is vital that we do something today to stand up for evidence-led policy, judicial independence and genuine equality before the law.

[Ayoub Khan]

Let me begin by drawing Members’ attention to my entry in the Register of Members’ Financial Interests; I am a member of the Bar.

I will align my comments with those of the Mother of the House, the right hon. Member for Hackney North and Stoke Newington (Ms Abbott), and the hon. Member for Brighton Pavilion (Siân Berry). The Bill, and the amendments, do not in reality tackle two-tier justice in this country; in fact, they risk entrenching it. Our justice system is founded on a principle that we all claim to uphold—fairness and equality before the law—but today we are being asked to support legislation that fundamentally undermines that principle.

Let me be absolutely clear. This is not a matter of opinion. Lord Justice William Davis, the chair of the Sentencing Council, has written candidly about the issue. He has said, for example, that defendants from minority ethnic backgrounds are statistically more likely to receive harsher sentences than their white counterparts for a similar offence. That is not the opinion of politicians or pressure groups, but a warning from within the senior judiciary itself. The Bill ignores that reality. Worse still, it undermines one of the very tools designed to correct it: the pre-sentence report.

--- Later in debate ---

Turning to specifics, as other hon. Members have referred to, the Bill and its amendments are rushed, knee-jerk and not the way to make policy about people’s liberty or our constitution. Why not negotiate with the Sentencing Council, now that the immediate emergency has subsided? To my knowledge, based on my engagement with the Ministry of Justice, Ministers and officials, the question of how long they would be prepared to pause before the implementation of the guidelines has not been asked. Why not wait for the Gauke review to report and ensure that the issue is explored comprehensively and that wider consultation takes place? Why not comprehensively address what is already a two-tier justice system, as hon. Members on the Benches behind me and the Mother of the House, the right hon. Member for Hackney North and Stoke Newington (Ms Abbott), have referred to? As the Lammy review found, people from ethnic minority backgrounds are more likely to serve longer sentences for the same crimes than those who are not from ethnic minority backgrounds. It is disappointing that there is no provision in the Bill to consider that. If the Government insist on passing the Bill, we urge them to embrace our calls for an independent review of pre-sentence reports to be conducted within two years, as per new clause 1.

[Siân Berry]

I hope the hon. Member was listening to my speech when I talked about the harm that might be caused by the delay in bringing in the really excellent parts of the new guidelines that might help women and families. Are the Liberal Democrats asking for a delay, or would they like to support bringing in the parts of the guidance that are agreed as soon as possible?

Sentencing Council Guidelines

Siân Berry Excerpts

Monday 17th March 2025 Commons Chamber

[Sir Nicholas Dakin]

If the right hon. Lady stops gabbling and listens, I will attempt to answer her question.

I think the right hon. Lady is getting a little ahead of herself. There is a process in place, and there has been a constructive meeting with the Sentencing Council. A letter is being sent to the Sentencing Council, and the Sentencing Council will respond.

[Siân Berry (Brighton Pavilion) (Green)]

I do not believe the shadow Secretary of State believes that the law is currently applied equally and free of structural biases. But given the unfortunate politicisation of all this, does the Minister now back the chair of the Sentencing Council, who says that the state should not determine the sentence imposed on an individual offender and that sentencing guidelines of any kind—if they were to be dictated in any way by Ministers—would breach an important principle?

[Sir Nicholas Dakin]

Certain things are a matter of policy, and they are for the Government and for Parliament. We have had a constructive meeting with the Sentencing Council, a letter is going to the Sentencing Council, and the Sentencing Council will respond. We totally respect the independence of our judiciary.

Oral Answers to Questions

Siân Berry Excerpts

Tuesday 11th March 2025 Commons Chamber

[Sarah Sackman]

I am really horrified to hear of that case. Of course, as I mentioned earlier, the transcript of sentencing remarks should have been made available free of charge, but I am happy to meet my hon. Friend to discuss how transcripts of trials more broadly can be made available.

[Siân Berry (Brighton Pavilion) (Green)]

On Radio 4’s “Today” programme last week, Matthew Ryder KC, who sits as a judge, praised the extreme helpfulness of pre-sentencing reports for passing effective sentences. Will the Secretary of State do as he asks and endorse the importance, value and independence of the Sentencing Council?

[Shabana Mahmood]

We all agree across the House, I hope, that pre-sentencing reports play a vital role in ensuring that whoever is passing a sentence has all the relevant facts at their disposal. I do not believe that access to such reports, or whether a sentencer asks for them, should be dictated by race or ethnic background. They should be made available, and I would like to see more use of pre-sentencing reports across the board for every type of offender.

Terminally Ill Adults (End of Life) Bill

Siân Berry Excerpts

2nd reading
Friday 29th November 2024 Commons Chamber

[Siân Berry (Brighton Pavilion) (Green)]

I thank everyone who has spoken so far. This has been a very respectful debate, and I do not think any of us here have not shed tears at the messages that our constituents have sent us this week. I have received so many profoundly moving letters, postcards, emails and other messages sent to my office, and numerous people have told me about their personal experiences of loved ones facing really hard choices at the end of their lives. It is very moving. This is a big decision for us.

Well-informed public opinion shows that a very large majority of people want the option to choose assisted dying in the circumstances envisaged by the Bill, and this level of public support reflects the fact that the law, as it stands, too often forces people to endure horrific deaths. I have heard so many stories from constituents of the trauma and pain that they have witnessed in loved ones. Too many people are affected by the current law in truly painful ways, and too many of those who are able to do so now seek unregulated, distressing and unsafe alternatives, because there are no legal options. Those who wish to end their lives at the point when their suffering from a terminal illness becomes unbearable may act too soon. They may take their own lives, and do so before they reach a point at which they require assistance—in secret, leaving a legacy of shock and confusion, instead of peacefully planning an ending to their final few months. Some of the testimony that I have seen from family members and partners who face the consequences of these secret decisions are truly heartbreaking, because the current law also makes it a prosecutable offence for anyone to advise or assist someone in this horrible situation in any way, thus putting at risk anyone who even knows.

Several people have also raised concerns about coercion with me, and I have listened very hard. I aim to cast a vote today that will protect people better. The hon. Member for Rother Valley (Jake Richards) made, very well, the point that the Bill will be a clear improvement on the current law in respect of safeguards against potential coercion for terminally ill people, and we should all listen to that argument.

Like the hon. Member for Gower (Tonia Antoniazzi), I do have one constructive point to make. I think we should be discussing it during the Bill’s ensuing stages, which I hope we will vote for. It concerns the time limit. Other jurisdictions already allow for different time limits, or no time limits for terminally ill people, or a separate time limit for a number of well-known, specific neurological diseases, in which the period of terrible suffering can be much longer than six months.

[Gideon Amos (Taunton and Wellington) (LD)]

Will the hon. Lady give way?

[Siân Berry]

I am sorry, but I have no time.

Like many other Members, my colleagues and I have heard many concerns expressed about the availability of palliative care. I hope that we are seeing the start of a much more open conversation about the practical problems that people face at the end of their lives—something we are generally not comfortable with talking about in this country—and about the provision that we do not currently make for people in anything like an adequate way. We must do better and, like other countries, make sure that we see improvements in palliative care at the same time as making this change. While we do not have to choose between the Bill and better palliative care, we do have to give dying people the right to choose which ending is right for them, so please, please, vote for the Bill today.

Strategic Lawsuits Against Public Participation

Siân Berry Excerpts

Thursday 21st November 2024 Commons Chamber

[Siân Berry (Brighton Pavilion) (Green)]

I thank the hon. Member for South Dorset (Lloyd Hatton) for securing this debate, and I thank everyone who has taken part so far. I particularly thank the hon. Member for Poplar and Limehouse (Apsana Begum), who laid out precisely how abusers can benefit from abusive lawsuits, which continue, with a growing impact in silencing those who speak out in the public interest. I also thank the hon. Member for Hammersmith and Chiswick (Andy Slaughter) for mentioning the McLibel case, which is a classic of the genre of using legal might against the smallest and most local publishing operations in an effort to stop grassroots public-spirited campaigning.

As the Anti-SLAPP Coalition says:

“Without a dedicated anti-SLAPP law, everyone in the UK remains at risk if they choose to speak out on matters of public interest, undermining the democratic health of our society.”

The case I will talk about today is that of Ben Jenkins, a citizen who made critical posts and comments in various forums about GreenSquareAccord, the housing provider with which he co-owns his home as a shared owner. In my work as an elected representative—as a local councillor, as a London Assembly Member, and now as an MP— I have often met, worked with and supported people like Ben. These campaigners speak up when their housing provider fails, when their complaints disappear into the system and when their attempts to work with others to show the patterns in the impacts on fellow residents are delegitimised.

We have all seen how those dynamics worked around the disaster at Grenfell and how the residents were treated before the fire in relation to the ongoing issues in the building. Such situations are all too common, and it is exactly the kinds of concerns that local grassroots campaigners bring out that the big, powerful companies and organisations that operate these homes most want to suppress. We can see why the dynamic of SLAPPs comes into play in such cases.

Ben Jenkins has faced a series of serious legal threats from his social housing provider. He spoke out about the company’s inadequate response to residents’ concerns, including drug taking in corridors, poor quality repairs and safety risks. It is very much in the public interest for Ben to speak out freely on such issues, because safety in housing completely depends upon maintaining good standards and public accountability. Ultimately, that depends on this kind of whistleblowing. Residents in his block had tried to raise the issues through official channels, but had not been adequately listened to, so taking things to a higher level was legitimate in this case.

No one is saying that Ben did not send a lot of communications and did not publish negative information about his housing provider, but people should be free to do that, and Ben’s activities have been vindicated in their substance. The evidence of the issues in his block is well documented. Images and video footage were published by ITV, which reported the issue based on Ben’s public campaigning. There were also many complaints by other residents posted to Facebook. Those have since been taken down, but there was an admission by the housing company in response to ITV that residents’ complaints had not been adequately handled.

Jenkins and numerous other residents have now received payouts, and the Housing Ombudsman has found that the housing provider had failed to adequately respond to a series of serious complaints, including a rat infestation, a broken boiler, a burst toilet cistern, noise complaints and a roof that needed to be repaired. By speaking out about these issues that needed to be dealt with, Ben faced a series of legal threats for his campaigning. He was accused by GSA’s lawyers of harassment, of copyright infringement for using the logo on his blog and of putting himself forward to complain on behalf of tenants who should have contacted the company directly. I have heard that familiar phrase many times before.

GSA claimed that Ben Jenkins’s criticism was excessive and targeted individual employees, who he named on social media. GSA also said that the criticism was so frequent that it prevented the company from being able to respond to other residents’ issues, which obviously GSA was clearly doing. It demanded in its legal threats that Jenkins sign undertakings to avoid legal action himself, including a commitment to refrain from

“any conduct that causes or is likely to cause a nuisance or annoyance to any of the Claimant’s employees, agents or contractors”.

That condition was so broad that Ben Jenkins felt he had no choice but to refuse. The letter itself threatened that failure to sign these undertakings could incur

“legal costs which are likely to run into thousands of pounds”.

That phrase is clearly a threat to someone living in affordable housing. Ultimately, Ben Jenkins signed a more limited series of undertakings, but he refused to take down his website criticising the housing provider.

The battle with GSA has had a serious ongoing effect on Ben’s mental health. He hopes that by shedding a light on these matters, the wellbeing and safety of residents will be protected and the proper upkeep of homes across the UK will be ensured. He wants to contribute to the raising of awareness about the challenges faced and ensure accountability. I hope that the Minister will look at this case, these issues and abuses of legal proceedings and the use of bullying lawfare, where money and resources are used to shield the powerful from proper public scrutiny when they should be held to account. Will the Minister look at bringing in new action to put in a robust, broad and compressive Bill to prevent it from happening?

Oral Answers to Questions

Siân Berry Excerpts

Tuesday 10th September 2024 Commons Chamber

[Heidi Alexander]

I am very happy to meet my hon. Friend. I am also very keen that we keep under review what more can be done to support vulnerable defendants going through the single justice procedure, and to improve oversight and regulation of the organisations using that procedure.

[Siân Berry (Brighton Pavilion) (Green)]

T9. The harm done to families and women by incarcerating women is huge and made worse when they do not have safe homes after they leave. Some 47% of women are currently leaving prison without settled accommodation. This breaks up families and leaves them at risk of further exploitation and harm, often the same exploitation that led to their offending. Will Ministers tell the House what they are doing to ensure that every woman set to leave prison, including all those leaving early as a result of the Government’s reforms, is supported into safe and stable accommodation?

[Sir Nicholas Dakin]

The hon. Member is right that this is a big issue. The Prison and Probation Service is working hard to ensure that appropriate accommodation is available, and working hard with partners across the country in different regions. I am very happy to meet the hon. Member to talk about the issue further.