Lord Marks of Henley-on-Thames (LD)

My Lords, this group comprises Amendments 90 to 92 in my name and that of the right reverend Prelate the Bishop of Gloucester. I am extremely grateful to the right reverend Prelate not just for adding her name to these amendments but for her commitment to fairness and evidence in sentencing and criminal justice generally, which she has shown over a great time in this House. I am also grateful to the Prison Reform Trust for its help in preparing and presenting the amendments. Together, the three amendments would establish a new panel on sentencing policy—to be called the independent advisory panel on sentencing and reducing reoffending—to advise the Government on sentencing and reducing reoffending. The new panel would be completely different from the Sentencing Council, which is an independent body that exists for a different purpose: to advise judges on sentencing within the framework of the law passed by Parliament. The amendments would implement recommendation 9.1 of the independent review of sentencing, chaired by David Gauke, which has inspired the greater part of this Bill. The independent review was keen to get away from the focus on punishment in sentencing, and the further idea that punishment meant immediate imprisonment or incarceration—in the face of all the evidence that imprisonment is often ineffective in reducing reoffending. The review highlighted the inescapable fact that the increasing use of imprisonment and the imposition of ever-longer sentences have led to the prison capacity crisis that this Bill is partly directed at addressing. The report recommended the establishment of an independent panel to focus government on maintaining a sustainable approach to sentencing. The review saw this independent panel as an external body of experts that would give the Government access to evidence-based expertise and give both the Government and the public impartial advice on what works in reducing reoffending and therefore cutting crime. These amendments would implement and take forward that recommendation. It must be the hope that the amendments and the new panel would bring about a change of approach, on the part of the press and the public, to sentencing and the treatment of offending in general. Amendment 90 would establish the new panel with a duty to report annually to the Lord Chancellor, who would appoint its chair. Importantly, Amendment 91 would require the Lord Chancellor to refer government policy proposals on sentencing and reducing reoffending to the panel where such proposals had significant resource implications. The panel would advise the Government on the evidence drawn from research, both in this country and internationally, on what works in reducing reoffending, as well as on the value for money and likely effect of government proposals. The Lord Chancellor would be bound to respond to the reports of the panel and to lay both the reports and the response before Parliament. It is to be hoped and predicted that Parliament and the public would be better informed about the thinking and evidence behind sentencing policy, which is often misunderstood. These proposals mirror those by the Justice Committee of the House of Commons, the think tank Transform Justice, the Sentencing Academy, the Prison Reform Trust and the Centre for Justice Innovation. They represent a missing item on the agenda of sentencing reform. I urge the Government to accept these proposals. I beg to move.