Police, Crime, Sentencing and Courts Bill Debate

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Department: Ministry of Justice
Lord Wolfson of Tredegar Portrait Lord Wolfson of Tredegar (Con)
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As the noble and learned Lord knows far better than I do, one has to distinguish between aggravating and mitigating factors and the likelihood of prosecution. With regard to the Sentencing Council, I am confident that it already has that point on board. The question before the Committee is that of maximum sentence rather than aggravating or mitigating factors. I have also said—and, I hope, explained—that there is clear guidance in place to make sure that, when these offences are committed, they are dealt with either through the courts or through prison adjudication.

Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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I just want to take the Minister back to the comments made by the right reverend Prelate the Bishop of Durham on the definition of prisoners as workers. I cannot think of any other legislation where a prisoner enjoys the same rights as a worker. There are many rights that workers enjoy in this country, but none of them that I am aware of apply to prisoners. There must be a way around this, perhaps by a government amendment or some sort of redrafting, that would allow the suggestion made to be incorporated.

Lord Wolfson of Tredegar Portrait Lord Wolfson of Tredegar (Con)
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I think I made it clear earlier that I was making two points in response to this amendment. The point that we are focused on at the moment is whether we could have more—and I say this respectfully—felicitous drafting than the drafting of the amendment that we currently have. I have accepted in principle that one could, and I made that clear in my previous answer and my answer to the right reverend Prelate. However, I do not want us to lose sight of my first response, on the point of principle: we have a definition in the 2018 Act of “emergency worker”, and that was regarded in 2018 as suitable and fit for purpose. It treated that definition as a separate status and a distinct group, and the Government’s position is that definition was good in 2018 and remains so now.