Arm’s-Length Bodies (Accountability to Parliament) Bill

Deirdre Costigan Excerpts

Friday 14th March 2025 Commons Chamber

[Sir Christopher Chope (Christchurch) (Con)]

I beg to move, That the Bill be now read a Second time.

As you will know, Madam Deputy Speaker, timing is important in politics. When, last autumn, I chose today for the Second Reading of the Bill, how could I have predicted that arm’s length bodies, which I will abbreviate to ALBs, would have been mentioned four times in The Times leader this very morning? Nor could I have predicted the generosity of the Government Whips in allowing—indeed, facilitating—debate on this important Bill.

I first introduced the Bill in the 2023-24 Session, but Dissolution prevented it from being debated. I have to say, I do not think the Government who were in office at that time would have been very responsive to the contents of the Bill. It is therefore beyond my wildest dreams that a Labour Government seem to understand, at least in part, the problem that arm’s length bodies present to Parliament, particularly to the House of Commons, and the Ministers, through their unaccountable structures.

As The Times leader this morning puts it:

“Arm’s-length bodies…have often been favoured by ministers as a way of distancing themselves from contentious issues. But the result is often a duplication of effort, resulting in turf wars between Whitehall ministries and ALBs over policy. Free of the need to answer to voters, ALBs can go rogue, as Highways England did over its promotion, in the face of public opposition, of so-called smart motorways.”

For another current, topical example of that problem, one need look no further than the Sentencing Council. Earlier this month, on 5 March, that independent arm’s length body issued new guidelines for the sentencing of offenders from minority groups. That issue was taken up by the shadow Secretary of State for Justice, my right hon. Friend the Member for Newark (Robert Jenrick), during the questions that followed a statement by the Justice Secretary.

My right hon. Friend challenged the Justice Secretary by pointing out that the new sentencing guidelines would make a custodial sentence less likely for those from

“an ethnic minority, cultural minority, and/or faith minority community.”

In her response, the Justice Secretary said:

“As somebody from an ethnic minority background, I do not stand for any differential treatment before the law for anyone. There will never be a two-tier sentencing approach under my watch”.—[Official Report, 5 March 2025; Vol. 763, c. 287.]

Within hours, however, it became apparent that the Justice Secretary did not have the control that she thought she had over the activities of the Sentencing Council. The new guidelines, due to be implemented from 1 April, remain unaltered and unaffected by what both the Secretary of State for Justice and her shadow have said to this House.

I understand from today’s newspapers that yesterday there was a meeting between the Justice Secretary and the chairman of the Sentencing Council, Lord Justice William Davis. I would have expected to have seen in the same press release that Lord Justice William Davis had now conceded to the Justice Secretary, who I think spoke for everybody in this House by saying that we should not have a two-tier justice system. I would have thought that he would have accepted that he got it wrong, and the new guidelines would be withdrawn before 1 April. However, that does not seem to have happened yet.

We now know that the guidelines were the subject of quite critical comments when they went out to consultation, including from the Magistrates Association, which described them as a get-out-of-jail-free card. Why have we set up a system whereby the Sentencing Council is able to dictate this type of policy, overriding the will of Ministers and elected Members of Parliament?

[Deirdre Costigan (Ealing Southall) (Lab)]

I respect the points that the hon. Member is making about the Sentencing Council, but given that this issue has been around for the past few years—he said that the guidelines were out for consultation—why does he think the previous Government were unable to take any action on it?

[Sir Christopher Chope]

I cannot speak for the previous Government because I was not a member, although obviously I was in the House. My understanding is that this has become a live issue only within recent weeks and months, and that the present Government have been involved in discussions behind the scenes. I am not blaming the Justice Secretary, because I think that perhaps her officials misread what she said or perhaps did not understand the need to consult her. They seem to have been to meetings with the Sentencing Council. It is my understanding that the consultation process came to a conclusion after the present Government came into office.

We should all agree that we need to try to find a way through. A Bill promoted by my right hon. Friend the Member for Newark, which is on the Order Paper today—the Sentencing Council (Powers of Secretary of State) Bill—would enable the House and the Minister to take back control from the Sentencing Council over issues relating to a sentencing policy and guidance. I would find it amazing if the Government sought to block progress on that Bill today. There is everything to be said for it going through all stages in the House in one day, because it is essentially an emergency measure in response to the fact that, so far, the Sentencing Council does not seem to have responded positively to the representations of the Justice Secretary.

The Sentencing Council is not unique in being able to ignore the wishes of Ministers and Parliament. Most arm’s length bodies have a similar status to the Sentencing Council. They are in three different categories: executive agencies, non-departmental public bodies and non-ministerial departments. They have slightly varying relationships with the House and with Government, but there are far too many of them. How many arm’s length bodies are there? I was told by a Cabinet Office Minister in response to my question that on 4 July last year, there were 307 arm’s length bodies, and 135 of those had an annual operating expenditure in excess of £5 million in 2023-24. Although the Minister ducked my other question of how many there are now, we know that since coming into office, the Government have removed one quango and created 27 new ones. Although the Prime Minister has taken some decisive action on one quango, there are a heck of a lot of others that I hope will come under his scrutiny. My Bill seeks to ensure that the most significant quangos are accountable to Parliament.

--- Later in debate ---

[Sir Christopher Chope]

I am not insisting that anybody should pay attention to what I am saying. All I am putting forward is a proposition that these arm’s length bodies, of which there are far too many, should be brought to account more than they are at the moment.

I have just given an example of the NHS Business Services Authority. Another example is Natural England. One of the means by which arm’s length bodies are meant to be accountable to Parliament is through the publication of annual reports, with accounts. If one looks at the situation with Natural England, it has not produced an annual report and accounts for the year ending 31 March 2024. The last accounts it produced were in December 2023 for the financial year ending 31 March 2023. That is unacceptable. The Government guidance is that these arm’s length bodies should produce their report and accounts within three months of the end of the financial year.

[Deirdre Costigan]

In light of what the hon. Member is saying, will he support Labour’s Planning and Infrastructure Bill, which takes away Natural England’s power to delay or stop the building of vital infrastructure, including energy and rail infrastructure and the 1.5 million homes that we need in this country?

[Sir Christopher Chope]

The hon. Lady tempts me to move on to the Planning and Infrastructure Bill.