Mr Jonathan Brash

I welcome this Bill and the swift action taken by the Lord Chancellor to correct a clear wrong. Had they been implemented, the Sentencing Council’s new guidelines would have introduced differential treatments before the law, which can never and should never be acceptable. The question is: how did we get to this point? Did these guidelines simply appear out of nowhere? Of course they did not. They were subject to extensive consultation under the previous Conservative Government, who welcomed them without reservation. The consultation published in November 2023 and closed in February 2024 indicated clearly that a pre-sentence report “may be particularly important” if the offender belonged to ethnic, cultural or faith minority communities. The then Conservative sentencing Minister, the hon. Member for Orpington (Gareth Bacon) wrote to the Sentencing Council, thanking it and welcoming the expanded guidance on the circumstances in which courts should seek pre-sentence reports. Let us be crystal clear: it was the last Conservative Government who endorsed the idea that it was “particularly important” to request pre-sentence reports for individuals from ethnic, cultural or faith minority backgrounds and therefore, by extension of basic logic, less important for other groups. The Sentencing Council had their answer: the then Conservative Government supported its changes. Given what we have heard today, there must surely have been a flurry of opposition in certain quarters. What did the now shadow Justice Secretary, the right hon. Member for Newark (Robert Jenrick) say about it at the time? The answer is nothing. What did the Leader of the Opposition say? Nothing. Perhaps if they had bothered to stand up and do their job, as Labour has today, these guidelines would never have been issued in the first place. For all the failings of the last Conservative Government, many Members were appalled by the outright refusal of the Sentencing Council to amend the guidelines when requested to do so by the Justice Secretary. That refusal is the reason we find ourselves here today. Far too much of the British state now appears to operate beyond the reach of those democratically elected to lead it. There are too many quangos, too many faceless bureaucracies, too many levers of power seemingly detached from those whom the people have chosen to govern them. The British public do not understand how a court can block the deportation of a convicted criminal whom the Government wish to remove from the country. They do not understand how a Chancellor is constrained in his or her decision-making by the actions of an unelected Office for Budget Responsibility, and they do not understand how a Justice Secretary cannot simply prevent unequal treatment before the law. The Bill is the right response to this specific situation, but how long will it be before we find ourselves here again, in another stand-off with the Sentencing Council, over another issue on which unelected officials clash with democratically accountable politicians? I believe that in the fullness of time—and I welcome what the Lord Chancellor said today about her further review—we will have to go further; I believe that we should abolish the Sentencing Council altogether.