Government should abolish Sentencing Council, Tory MP suggests

Sentencing should be brought back under democratic control by abolishing the Sentencing Council, Conservative former minister Esther McVey has said.

In the Commons, Ms McVey drew comparisons to the Government’s recent decision to abolish NHS England.

It came after the Sentencing Council published guidance to judges advising them to consider a criminal’s ethnicity before deciding their punishment.

The guidance prompted claims of “two-tier” justice, with Justice Secretary Shabana Mahmood asking the council to reconsider.

Under the updated guidance, which comes into force from April, a pre-sentence report will usually be necessary before handing out punishment for someone of an ethnic, cultural or faith minority, alongside other groups such as young adults aged 18 to 25, women and pregnant women.

Ms Mahmood has told the council that access to such a report should not be determined by ethnicity, culture or religion.

She also said she is considering whether such policy decisions should be made by the Sentencing Council and what role MPs should play.

Speaking in the Commons, justice minister Sir Nicholas Dakin told MPs: “The Lord Chancellor (Ms Mahmood) was clear about her discontent with the guideline when it was published. It is our view that there should not be differential treatment before the law.

“The Lord Chancellor, the House will be pleased to hear, met with the chair of the Sentencing Council (Lord Justice William Davis) last week and the discussion was constructive.

Ms McVey, MP for Tatton, said: “Last week, the Prime Minister announced he was abolishing NHS England to make sure the NHS was brought back under democratic control. So will the minister be lobbying the Prime Minister to abolish the Sentencing Council to make sure that sentencing is brought back under democratic control?”

Sir Nicholas replied: “I thank the former common sense minister for her question.”

Ms McVey could be heard shouting “you wouldn’t understand common sense”, before Sir Nicholas continued: “If she’ll just stop gabbling and listen, I’ll attempt to answer.

“So I think she’s getting a little bit ahead of herself, there is a process in place: constructive meeting with the Sentencing Council, letter to Sentencing Council, Sentencing Council respond.”

Conservative former minister Sir Desmond Swayne also pressed the Government, saying: “So on a point of great importance to the Lord Chancellor, she is reduced to asking the Sentencing Council to change their mind.

“The former minister for common sense is right, there is a lesson here for all parliamentarians about the way we delegate powers to quangos, which then clearly come up with solutions which we find repulsive.”

“It was a constructive meeting, constructive exchange of views, proper process in place, which I am confident will come up with the right answer.”

Earlier in the session, Mr Jenrick claimed confidence in the Sentencing Council and the Government is “running out”, adding: “Not only do these new rules violate the most foundational principle of equality before the law, but they also create immense pressure on the criminal justice system.”

He continued: “I can’t help escape the conclusion that the Justice Secretary actually supports these two-tier sentencing rules.

“Why? Because she’s supported a group which called the criminal justice system institutionally racist, her representatives walked through the two-tier guidance and approved them, and she refuses to legislate to block the guidance coming into force or to take any sanction against the members of the Sentencing Council that drafted them.”

Mr Jenrick added: “If there’s one thing we know about Labour governments, it’s that they always end in ‘tiers’. This time, it’s a second-tier Justice Secretary pursuing two-tier justice, all to suck up to her boss, two-tier Keir.”

“There’s a process in place now which needs to be allowed to play out, we will not pre-empt that process.”

Conservative former minister Sir Gavin Williamson said: “All of us hope that her meetings with the Sentencing Council will produce results. However, if they don’t, will the minister commit to working cross-party?

“Because I think there is a real commitment on these benches to work with him, to bring forward emergency legislation if that is required.”

Sir Nicholas replied: “I refer him to the point that we don’t want to get ahead of ourselves.

“We need to allow the current process to go forward, and we need to respect the Sentencing Council’s role in that current process, and then we will address things when we need to address them.”

Liberal Democrat justice spokesperson Josh Babarinde accused the Conservatives of being “two-tier Tories who thought they could get away with illegal No 10 parties”.