Sentencing Council Guidelines

Lord Keen of Elie Excerpts

Wednesday 19th March 2025 Lords Chamber

[Lord Keen of Elie (Con)]

My Lords, the Secretary of State for Justice appears to have implied, perhaps somewhat implausibly, that she and her department were not aware that the new Sentencing Council guidelines would introduce a two-tier justice system until their final publication two weeks ago. She in fact has representatives on the Sentencing Council. To be fair, the Secretary of State moved rapidly to address the grave problem that this presented, but simply encountered a more fundamental problem stemming from the way in which the previous Labour Government established the Sentencing Council. It is not directly answerable to any Minister. We are now told that the Secretary of State and the council are “talking”. However, discussing the height of the drop as you approach the precipice is no substitute for a plan of action. What is the plan and, if these disastrous guidelines come into force on 1 April as intended, who will resign? Will it be the Secretary of State for Justice or the chair of the Sentencing Council?

[The Minister of State, Ministry of Justice (Lord Timpson) (Lab)]

The Sentencing Council is independent of Parliament and government. The council decides on its own priorities and workplan for producing guidelines. The Lord Chancellor was clear about her discontent with the guidance when it was published on 5 March, which was the first time that she and other Ministers had heard about it. It is her view, and mine, that there should not be differential treatment before the law. The Lord Chancellor met with the chair of the Sentencing Council last Thursday and had a constructive discussion. The Lord Chancellor will be setting out her position in writing to the Sentencing Council and it has agreed to reply before 1 April. We will not get ahead of ourselves beyond that.