The Lord Bishop of Gloucester

My Lords, like other noble Lords, I have already registered my feelings about the Bill at Second Reading and in Committee. Now that we have had the publication of the Independent Sentencing Review and the Government’s response, I reiterate the point that, like others, I simply do not believe that we need this legislation. It seems that the left hand is not aware of the right hand on the evidence around sentencing. I agree with what has been said already. Amendment 8, in my name, seeks something very specific: to ensure that existing sentencing guidelines relating to the mitigating factor of pregnancy, childbirth and postnatal care can continue to provide directions for courts to obtain pre-sentence reports for offenders who are pregnant or primary carers of young children. Without this amendment, the Sentencing Guidelines (Pre-sentence Reports) Bill directly contradicts the Government’s stated policy intent to reduce the imprisonment of pregnant women and mothers of young children. On 22 May, in her response to the Independent Sentencing Review, the Lord Chancellor explicitly stated the Government’s intent to reduce the imprisonment of pregnant women and mothers of young children. She said: “I am particularly keen to ensure that pregnant women and mothers of young children are not anywhere near our female prison estate in future”.—[Official Report, Commons, 22/5/25; col. 1204.] Indeed, the Independent Sentencing Review “recognises the harm caused by imprisoning pregnant women and believes pregnant women and new mothers should be diverted and supported in the community, unless in exceptional circumstances. Custody must only be a last resort”. How, then, are we to achieve this, when the Bill makes unlawful the existing Sentencing Council’s mitigating factor—pregnancy, childbirth and postnatal care—which came into force on 1 April 2024 and directs courts to obtain PSRs for pregnant and postnatal offenders? I am very grateful to the Minister for writing after Committee, but he confirmed—extraordinarily—that the Bill will render such direction about obtaining PSRs across existing sentencing guidelines unlawful. I query his assumption that, without direction, sentencers might request a PSR. This is a backward step. Simply put, without a pre-sentence report, alternatives to custody cannot be considered by a sentencing court. Without a mandatory direction to obtain a PSR, there is no way to ensure that women are diverted from custody. Without this amendment, the Bill directly contradicts the Government’s stated policy intent. I recognise the very difficult position that the Minister has been put in, but I am simply looking for the Government to have the grace to admit this contradiction and to accept this amendment. It does not have to be seen as a humiliating backing-down, but, rather, a humble response to listening. I will not delay the House further. I will listen to the Minister’s response in due course, but I am minded, at this point, to divide the House. However, I might need some careful direction, should other amendments be passed, as to where that leaves my Amendment 8.