Mike Wood

Equality before the law is at the heart of the rule of law. As the great Roman statesman Cicero said: “For rights that were not open to all alike would be no rights.” The revised guidelines from the Sentencing Council fundamentally went against that important principle. To introduce a presumption that pre-sentence reports would be required not necessarily because of a particular vulnerability of offenders or circumstances related to their offences, but because of the colour of their skin, the region of their ancestors’ origin or the religious beliefs that they held is two-tier justice, no matter how laudable the intentions. This is not about Court of Appeal judgments such as Thompson, which the Lord Chancellor referred to, and it is not about factors that could fundamentally change the effect of a particular judicial sentences on an offender, or factors relating directly to the circumstances of the offence. This is purely about those characteristics. My right hon. Friend the shadow Lord Chancellor did a huge service to not only this House but our country when he raised this matter from the Dispatch Box on 5 March, because it was clear that the Lord Chancellor was completely blindsided. Neither she nor her Ministers knew anything about the proposals. In fairness to the right hon. Lady, who is not in her seat at the moment, I am sure that she was as appalled as we were at the idea that people should be treated differently purely because of their ethnicity, culture or religion. But this is a lacklustre Bill, which does the minimum needed to clear up the immediate mess of this Government’s making. [Interruption.] As I said, it does the minimum necessary. It is better than nothing—it is a very small step in the right direction—but it does not go as far as the Government should to introduce the reforms that are needed. The right hon. Lady had been Lord Chancellor for eight months, but she had so little grip of her Department that she not only did nothing to stop the Sentencing Council’s new guidelines, but was not even aware of them. Her representative had met the Sentencing Council just two days earlier. What were they doing at the Sentencing Council, if they were not there to stop such proposals? How is the right hon. Lady running her Department, if she was not even informed of the new guidelines? The proposals had changed during the process. The Lord Chancellor, unlike me and the Business Secretary, has actually been a practising lawyer. She will understand that there is a substantial difference between saying that a pre-sentence report may be particularly important, and stating, as a requirement, that such a report will normally be considered necessary, given the effect that statement has, and the triggers for appeals against sentences. Those changes were made almost at the point when the right hon. Lady became Lord Chancellor, yet eight months later, she had done nothing to stop them and was not even aware of them. This Bill stops only the narrowest and worst aspects of the guidelines from applying. If the Government were actually serious about taking action, they could have done so much more quickly. They did not even need to take action; an omission would have been sufficient. On 28 March, when my right hon. Friend the shadow Lord Chancellor brought forward his private Member’s Bill, all the Government Whips had to do was not shout “Object” in order for it to go forward. It would have restored proper ministerial oversight and, through the Minister, parliamentary oversight over sentencing guidelines. That would have allowed Parliament to take control of this fundamental matter.