Sentencing Guidelines (Pre-sentence Reports) Bill

Lord Thomas of Cwmgiedd Excerpts

2nd reading
Wednesday 7th May 2025 Lords Chamber

[Lord Thomas of Cwmgiedd (CB)]

May I add very briefly to the remarks of the noble Baroness, Lady Hamwee, about the late Lord Etherton? He was a lawyer of the highest ability. He had great skill and was a man of real quality. I worked with him for many years at the Bar, and as a colleague on the Bench. All those qualities were shown in abundance in what he achieved in that period. But he also achieved a great deal in this House and took on number of causes that some might not have found popular. He was a great man and will be greatly missed.

I turn very briefly to make three points about the Bill. First, although we have been accorded a long time to speak, I do not intend to take advantage of that to repeat what I already said at length prior to the Easter Recess. I explained then why I thought the Bill was not necessary, and I regret that the Government feel it is. I very much hoped then—and still hope today—that this issue can be resolved without legislation, but I will not repeat what I have already said to that end.

Secondly, I agree with the Minister that this is a very narrow Bill. That is no excuse for not getting it right, but it is a narrow Bill. It is important to note that it is not the occasion for the kind of wide-ranging issues such as those raised by the noble Lord, Lord Jackson of Peterborough, to be raised. Therefore, I do not intend to answer them. If they are raised on a subsequent occasion, that will be the appropriate time, but this is a narrow Bill.

I say that because I think it is important that the Sentencing Council and its predecessor bodies, the Sentencing Guidelines Council and the Sentencing Advisory Panel, have worked well, although I ought to declare that I was a member of the Sentencing Guidelines Council, had a hand in setting up the Sentencing Council and was its president for four years until 2017. If we look at what it has done and analyse the constitutional position, I do not believe there is any basis for making any real change. It has been a great success as it brings together two arms of the state, the judiciary and the Executive, under the supervision of the third arm, Parliament, in producing a very sensible way of dealing with balancing the role of Parliament in setting policy and the role of the judiciary in sentencing individuals. That is a complex issue, and I would like to leave it for an occasion where it properly arises. It does not arise today.

Thirdly—this point does arise today—there is the definition of personal characteristics. This has already been touched on by the noble Baroness, Lady Hamwee. I think it could, with advantage, be clarified. It would be helpful to understand why the definition is different to the definition of protected characteristics in Section 4 of the Equality Act. I note that the Minister has already referred to the remarks made by Sir Nicholas Dakin in the other place on 30 April, where he said

“we are clear that it is intended to cover a wider range of characteristics including sex, gender identity, physical disabilities and pregnancy status”.—[Official Report, Commons, 30/4/25; col. 388.]

There are a lot of other characteristics. Before trying to amend it, it would be helpful to have a clear explanation—I have given the Minister notice of this—of why the course chosen has been chosen.

That is more important in the light of paragraph 14 of the Explanatory Notes, as it uses the term “particular circumstances” of individuals in apparent contradiction to “personal characteristics”. I am not sure that I understand the difference. It would be helpful if the Minister could try to explain it. In any event, with that explanation, we can look forward to amending—I hope with considerable advantage—this part of the Bill without anyone being accused of wrecking it.