Sentencing Guidelines (Pre-sentence Reports) Bill

Lord Sentamu Excerpts

2nd reading
Wednesday 7th May 2025 Lords Chamber

[Lord Sentamu (CB)]

My Lords, I, too, add my heartfelt congratulations to the noble Baroness, Lady Nichols, on her wonderful maiden speech. I know her from back in North Yorkshire. She was always a wonderful woman—a wonderful lady. If you went to some of her meetings, she was very like a mother hen gathering her chicks around her. She was always looking out for somebody who was on the margin and excluded, and she tried to draw them in. What noble Lords have heard is what I experienced when she was a politician. She is still loved in Selby, and people still remember her. I remember the grand opening of the organ in that wonderful place. She was there helping with tea and coffee, serving and being involved. She did it from the heart. It was never a show. With her smile and her welcome, you always knew you had come home. I look forward to hearing what she is going to say. Her maiden speech was one of those things that reminded me of North Yorkshire.

Some of your Lordships may be surprised, but I welcome this Bill for the reasons clearly set out in the Explanatory Notes and the House of Lords Library briefing by Claire Brader. They give the reasons why this is happening: in the meeting with the Sentencing Council, it did not want to change things within its guidance, so the Government thought it was right to change it by legislation—and that is the only way you could change it; there is no other way, because the body is independent.

I agree with His Majesty’s Government that the Bill will ensure equality—I would rather use that word than “fairness”—for all in our courts. The noble Baroness, Lady Hamwee, said exactly the same. If we go for “equality” and not “fairness”, then everybody will be clearly included within it.

This law will prevent the Sentencing Council publishing guidelines that stipulate the use of a pre-sentence report —PSR—based on the offender’s personal characteristics. The Government have created this, and I think they should have been much wiser to pick out those characteristics that are prohibited to be used as a basis for exclusion from the Human Rights Act. The noble and learned Lord, Lord Thomas, said the same thing: race, religion and belief are protected characteristics. Why not put in those protected characteristics or simply refer to Article 9 as set out in the Human Rights Act? That would be much clearer. Of course, they have done a bit about race, belief, and a thing I do not understand: “cultural background”? What does it mean? Does it mean that both of us grew up on the same estate and that, if you did not, you have no background? That is the bit in the Bill that I think is not worth retaining —the Government have to find something better.

I turn to that four-letter word, race. I was chair of the General Synod’s Committee for Minority Ethnic Anglican Concerns, which came out of the Faith in the City report. We carried out a survey of the ways of combating racism in the dioceses of the Church of England in 1991, and we called it Seeds of Hope. We said this about the nature of humanity: men and women, boys and girls, of every hue and ethnic group belong to the one race, the human race, all made in the image of God, and all are of unique worth in his sight.

The word “race” has had a troubled history. Racism is born out of ignorance. Sadly, ignorance is not in short supply, and that is why we get racism. Apartheid in South Africa, for example, believed that colour defined the race of a person. Laws were passed, from marriage to where you lived and where you were buried, because you belonged to a very different race from those who were governing at the time. Next door in Zimbabwe, the seizure of white farms led to the turning of a food basket for the whole region into a basket case. White farmers and their workers belong to the one human race and deserved to be treated thus. Humanity belongs to the one human race—even, I want to say, in Zimbabwe.

Margaret and I have three grandchildren. Two are from a white father and a black mother, while the third is from a white mother and a black father. All three, by the way, are not from mixed parentage or different races; they are blessed to be what we call “double ethnic”—that is, with a white parent and a black parent. It is not that they are “coloured” or this, that or the other stuff. I wish His Majesty’s Government had used a better word, which for me is “ethnicity”, not “race”. The word “race” has an unfortunate history. When most people talk about race they are talking about me, because I happen to be black and Ugandan; when you are talking about a white person, the word “race” does not appear. We all belong to an ethnic group, but equally we belong to the one human race.

I hope we will find a way of talking about this so that we bury the word “racism”, because it often does not describe what you want to describe. During the Stephen Lawrence inquiry, we talked to people in Birmingham who held the view that every white policeman in the Met was a racist simply because they happened to be white and they happened to be in the police. That was a difficult gathering. Then you get some black people to whom you may suggest that their views are racist but they deny that: “Me, a black person? Of course I can’t be racist”. But look at Mugabe in Zimbabwe.

I ask the Government to listen to the noble and learned Lord, Lord Hope, and table an amendment that is easier to understand and describes the very thing they want to do. The noble and learned Lord, Lord Thomas, thinks that is unnecessary. If tonight, by a miracle, the Sentencing Council could take out the words that have made the Government create this Bill, then of course there would be no need for it because they would not be in the guidance. But, while that is still the case, I support the Government in making sure that those sections in the guidance are prevented by law. However, I ask the Government to make the law clearer in what it is doing and to drop the question of cultural background. I do not know what it means, and I am not sure whether they know what it means, but it is in the Bill.

Data (Use and Access) Bill [HL]

Lord Sentamu Excerpts

3rd reading
Wednesday 5th February 2025 Lords Chamber

[The Earl of Erroll (CB)]

My Lords, I have a couple of quick things to say. First, there is no reason not to put this into the Bill here; it can be amended in the Commons quite happily. Secondly, without solicitation in the Bill, there is a massive loophole. One can work out exactly how to get round the whole thing by just inserting someone soliciting in the middle. The other thing is that this can happen to men and could be used for blackmail, so this could be used against that, which is very dangerous. We need imprisonment in the Bill, because if someone makes enough money out of whatever it is that they put out there, a fine is nugatory and they will not worry about it. We need to have imprisonment as well.

[Lord Sentamu (CB)]

My Lords, I endorse every word that the noble Lord, Lord Pannick, and the noble Baroness, Lady Owen, have said.

I congratulate the noble Lord, Lord Vallance, from the Government, on bringing forward his amendment, which also incorporates the noble Baroness, Lady Kidron. The noble Baroness stood up and could not be deterred— I am glad that this has been a good result.

Noble Lords might want to know why the Government have put forward this amendment. A notification from the BBC came to my mobile at 1 pm. It had to do with Naga Munchetty, who says:

“Scammers spread fake nude pictures of me on social media”.


The scammers have written an article—which is absolutely false—saying, for example, that the Government have ordered Naga Munchetty to be detained, and it includes a lot of nude pictures. Given what the Government and the noble Lord, Lord Vallance, have done, that lady will feel that we are moving forward.

Finally, I say that soliciting must be in the Bill; reasonable doubt, or whatever other view, must be out; and imprisonment must be in the Bill.

[Lord Browne of Ladyton (Lab)]

In speaking to this group of amendments, I am mindful of the admonition from my noble friend the Chief Whip to respect the rules of the House, and I look at the advice that we are given on today’s agenda about how to conduct oneself in these circumstances, so I have no intention of repeating what the noble Baroness, Lady Owen, and indeed the noble Lord, Lord Pannick, have said, because I agree with every single word of it—and I agree with all the endorsements of the arguments that they have put forward. However, I want to make a contribution to this debate about the purpose of all this and what the issue is.

Courts: Backlogs

Lord Sentamu Excerpts

Wednesday 15th January 2025 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, the noble and learned Lord is right to draw attention to the 12% increase in fees for criminal aid solicitors. That is a substantial amount of money. The Government are exploring options to incentivise the early resolution of cases, which includes the remuneration of everyone in the criminal justice sector. The Government are informed by the 2021 report of the noble and learned Lord, Lord Bellamy, and considerations are ongoing on this matter.

[Lord Sentamu (CB)]

My Lords, sitting with two assessors, I tried a brutal rape and GBH case. The perpetrator was found guilty. Had we had trial by jury, it would have added weight to the conviction and sentencing. Is not the best way to deal with the court backlog that we request the Lord Chancellor and the Judicial Appointments Commission to appoint more judges and persuade retired judges, including the noble and learned Lords, to put all hands to the pump? They are sprightly.

[Lord Ponsonby of Shulbrede (Lab)]

I thank the noble and right reverend Lord for his observations. We are taking a different approach, which is to look at the overall working efficiency of the court system. I acknowledge that there are substantial backlogs, particularly in rape cases, because they are often very complex cases. There is also the added distressing fact that many rape victims drop out of the process because of the lengthy delays. I acknowledge that that is a problem, but we believe that the best way to address this is to look at how the system operates as a whole. We are looking forward to receiving Sir Brian’s recommendations in due course.

Arbitration Bill [HL]

Lord Sentamu Excerpts

Committee stage
Wednesday 11th September 2024 Lords Chamber

[Lord Bellamy (Con)]

My Lords, in relation to the intervention of the noble and learned Lord, Lord Thomas, your Lordships will recall that on 27 March this year, when I was then the Minister in charge of the Bill, I said that I had written to the Chartered Institute of Arbitrators, the ICC, the LCIA, the London Maritime Arbitrators Association, GAFTA, the Law Society and the Bar Council to ask them

“what measures they have in place to mitigate the risk of corruption in arbitration, whether more should be done in the sector to mitigate corruption in arbitration”,

and any suggestions they had as to

“the best way to proceed and how the Ministry … could support the sector’s efforts”.—[Official Report, 27/3/24; col. 12.]

Before I had a chance to review or indeed see any of those replies, Parliament was dissolved, so I still do not know what the replies were. I understand from the Minister in a call this morning that there is some glitch in relation to the convention about what documents an incoming Government could see if those documents arose under the previous Government. I would have thought that this was an area where continuity between the Governments, transparency and a common approach were essential and necessary. I very much hope that in the meantime, any technical glitch about the change of Government should not interfere with the tackling of this problem.

As has been pointed out, the Minister in his letter of 15 August summarised the responses in some detail, but the question remains, as has been raised by two noble Lords—the noble and learned Lord, Lord Thomas, and the noble Lord, Lord Beith—as to whether those responses should be made public, with the co-operation, of course, of the institutions concerned, from the point of view of establishing and reinforcing the reputation of the City of London and, in particular, reassuring those who wish to arbitrate in this country that the question of corruption is being addressed.

It is true that the ICC is conducting an international review of the approach to arbitration in this sector, but that review is not due to report until the end of 2025. It seems to me that there is an argument for the present Government—the Minister—to go back to the persons to whom I wrote and ask them whether they would be prepared to make public their responses, with a view to reassuring and continuing to protect the reputation of the City of London.

That said, although I think we are all with the noble Lord, Lord Hacking, in spirit, amendment to the Bill is probably not the best way to proceed at this stage. As I indicated when I was myself the Minister, I would not support an amendment to the Bill to deal with this particular matter, but I invite the Minister to give us an assurance that the Government will continue to monitor the issue, to keep in touch with the relevant arbitral institutions in London, and take such steps as the Government think fit to ensure that the arbitration scene in London is as free from corruption as can conceivably be achieved. Nothing less will do. At the same time, I also invite him to perhaps revisit the question of publishing the responses, as the noble Lord, Lord Beith, and the noble and learned Lord, Lord Thomas, have just invited him to do.

[Lord Sentamu (CB)]

My Lords, I associate myself with the wonderful words of the three noble and learned Lords and I share the concern of the noble Lord, Lord Hacking, but when I was reading theology, my then—wonderful—professor of theology said that the only way you know whether you have resolved a theological conundrum is to try to find some practical solution to your particular difficulty.

My greatest concern with the amendment is this. It talks about safeguarding the arbitration proceedings against fraud and corruption. Probably Queen Elizabeth I would have said to such a suggestion what she said to the troops at Tilbury:

“I have no desire to make windows into men’s souls”.


How do you safeguard proceedings against corruption? Corruption is in the hearts and minds of people. How do you do it? I cannot find a real, practical solution. Therefore, on those grounds, although the amendment is well intentioned, I think the burden it would put on the proceedings of arbitration is far too great, so please may we not have a desire to make windows in people’s hearts.

[Lord Mance (CB)]

My Lords, I declare an interest as an arbitrator, including in cases involving corruption in my practice hitherto. It seems to me that there are two types of corruption that we may be talking about. One is substantive corruption affecting the transaction which is the subject of an arbitration. That is regularly arbitrated and investigated, and tribunals do their best. With respect to the noble and right reverend Lord behind me who has just spoken, I am afraid that sometimes involves trying to see into men’s minds. Arbitrators do make findings of corruption. I will come back to what might be done with those findings slightly later.

We have been talking mainly about corruption in relation to the arbitration proceedings, which is the area to which the amendment of the noble Lord, Lord Hacking, is directed. We have heard of cases in which—one hopes, remarkably—it has been found in court that both sides were involved in some sort of collusion. I am thinking not of the case which has been expressly mentioned but of a case which I believe was decided in the Commercial Court by Mr Justice Butcher, where a non-existent arbitration award endorsed by a non-existent foreign court judgment was attempted to be enforced in the Commercial Court. That could happen only by some form of collusion between those appearing in front of the court, hoping that the persons to be affected by an English judgment would not get to know of it or involve themselves in time. As it happens, they did, and of course the non-existent award was not enforced. I believe the matter was referred to public authorities who might be interested.

I agree with my noble and learned friend Lord Hoffmann that such investigations into the propriety or ethical behaviour of those appearing in front of arbitrators as a matter of standard procedure would be difficult to contemplate, given the sort of exercise that would be involved. That said, I am sure that arbitrators, if they were on notice for any reason of possible complicity in some corrupt activity by those appearing in front of them, would be very concerned to try as best they could to get to the bottom of it. I suggest that the noble Lord’s proposed amendment would, if anything, be duplicative and unnecessary if read mildly, but if read widely, as involving the sort of initial admonition which he suggested, it would be problematic and would not carry matters very far, so I, too, do not support it.

I will make a general observation about corruption, which, as I have indicated, is regularly fought in the courts in a substantive respect. Of course, arbitrators have the problem that they are confined by the agreement to arbitrate, which usually relates to a specific transaction. However, if you are talking about a widespread scheme of corruption, perhaps involving fraud on a foreign state, the state may not be party to the arbitration, and it may be quite difficult to investigate all the other ancillary transactions that form part of the web of corruption. Corruption notoriously involves complexity designed to confuse and conceal. That problem is inherent in arbitration; it seems to me that it may be one of the disadvantages of arbitration. It is a problem that can, to some extent, be alleviated by court assistance. There is a valuable clarification of Section 44 of the Arbitration Act 1996 in this Bill, which will enable that assistance to be secure when third parties are involved.

It is difficult to foresee arbitrators being made into investigators. That would be a change of role for which they are not suited. The one possible area where I suggest that legal attention might be considered—but not in this Bill, for the reasons already given by noble Lords—is where corruption is found by an award. There might be something to be said in that context for an express provision permitting disclosure, to interested public authorities, of corruption that has actually been found. One would not have or contemplate a situation where arbitrators had to disclose allegations of corruption that they were concerned to decide. But once they decided that there was corruption, disclosure might then be contemplated. It seems to me that it is probably already permitted by common law, because there is no privilege in iniquity; on the other hand, I do not believe that arbitrators at the moment would, without express legislative backing, be likely to disclose even corruption that they had found in their award. That might be a possible area where an express legislative provision—so they could at least just disclose corruption —would be valuable.