Lord Marks of Henley-on-Thames:

Moved by Lord Marks of Henley-on-Thames

90: After Clause 19, insert the following new Clause—“Independent advisory panel on sentencing and reducing reoffending(1) There is to be an independent advisory panel on sentencing and reducing reoffending. (2) The purpose of the panel is to facilitate greater scrutiny of the impacts of policy and legislation on prison and probation resources, helping to encourage a more sustainable criminal justice system in the long term.(3) The panel is to act as an authority on what works to reducing rates of reoffending, including but not limited to—(a) championing and promoting the most authoritative evidence on what works to reduce and prevent reoffending;(b) producing advice on the most effective methods to reduce reoffending drawing upon evidence from national data, international contexts and expertise within the sector;(c) championing best practice examples of technological interventions to reduce reoffending, with consideration of the risks or ethical implications of using such technology.(4) The panel must, as soon as practicable after the end of each financial year, report to the Lord Chancellor on its work during the year.(5) The report specified in subsection (4) must include but is not limited to—(a) a longer-term assessment of the cumulative impact of government policy and legislation on sentencing and prison and probation capacity;(b) an assessment of the effectiveness of the government’s overall reducing reoffending strategy.(6) The Lord Chancellor must lay a copy of the report before Parliament and place copies in the Library of both Houses.(7) The panel must publish the report once a copy has been so laid.(8) The panel is to consist of at least 8 members appointed by the Lord Chancellor.(9) The Lord Chancellor must appoint a chair of the panel.(10) In exercising his or her responsibilities under subsection (9), the Lord Chancellor must seek approval for his or her choice of chair from the Justice Committee in the House of Commons.(11) A person is eligible to be a member of the advisory panel if the person appears to the Lord Chancellor to have experience in one or more of the following areas—(a) judiciary;(b) criminal defence or prosecution;(c) sentencing policy and the administration of justice;(d) prisons and probation;(e) psychology and psychiatry;(f) academic study or research relating to criminal law or criminology;(g) independent inspection and scrutiny of the criminal justice system;(h) the investigation of complaints;(i) the welfare of prisoners;(j) criminal justice reform and rehabilitation charities.(12) The Lord Chancellor may by order make provision for—(a) The term of office, resignation, and reappointment of panel members,(b) The renumeration of panel members, and(c) The budget of the panel.(13) For the purposes of this section—(a) “legislation” means— (i) an Act of Parliament if, or to the extent that, it extends to England and Wales;(ii) subordinate legislation made under an Act of Parliament if, or to the extent that, the subordinate legislation extends to England and Wales;(iii) a Measure or Act of the National Assembly for Wales or subordinate legislation made under such a Measure or Act;(b) “policy” means—(i) policy of the UK government;(ii) policy of the Welsh ministers.”Member’s explanatory statementThis new clause, along with others from Lord Marks to after Clause 19, would introduce an independent panel on sentencing and reducing reoffending, implementing recommendation 9.1 of the independent sentencing review.

My Lords, this group comprises Amendments 90 to 92 in my name and that of the right reverend Prelate the Bishop of Gloucester. I am extremely grateful to the right reverend Prelate not just for adding her name to these amendments but for her commitment to fairness and evidence in sentencing and criminal justice generally, which she has shown over a great time in this House. I am also grateful to the Prison Reform Trust for its help in preparing and presenting the amendments.

Together, the three amendments would establish a new panel on sentencing policy—to be called the independent advisory panel on sentencing and reducing reoffending—to advise the Government on sentencing and reducing reoffending. The new panel would be completely different from the Sentencing Council, which is an independent body that exists for a different purpose: to advise judges on sentencing within the framework of the law passed by Parliament.

The amendments would implement recommendation 9.1 of the independent review of sentencing, chaired by David Gauke, which has inspired the greater part of this Bill. The independent review was keen to get away from the focus on punishment in sentencing, and the further idea that punishment meant immediate imprisonment or incarceration—in the face of all the evidence that imprisonment is often ineffective in reducing reoffending.

The review highlighted the inescapable fact that the increasing use of imprisonment and the imposition of ever-longer sentences have led to the prison capacity crisis that this Bill is partly directed at addressing. The report recommended the establishment of an independent panel to focus government on maintaining a sustainable approach to sentencing. The review saw this independent panel as an external body of experts that would give the Government access to evidence-based expertise and give both the Government and the public impartial advice on what works in reducing reoffending and therefore cutting crime. These amendments would implement and take forward that recommendation. It must be the hope that the amendments and the new panel would bring about a change of approach, on the part of the press and the public, to sentencing and the treatment of offending in general.

Amendment 90 would establish the new panel with a duty to report annually to the Lord Chancellor, who would appoint its chair. Importantly, Amendment 91 would require the Lord Chancellor to refer government policy proposals on sentencing and reducing reoffending to the panel where such proposals had significant resource implications.

The panel would advise the Government on the evidence drawn from research, both in this country and internationally, on what works in reducing reoffending, as well as on the value for money and likely effect of government proposals. The Lord Chancellor would be bound to respond to the reports of the panel and to lay both the reports and the response before Parliament. It is to be hoped and predicted that Parliament and the public would be better informed about the thinking and evidence behind sentencing policy, which is often misunderstood.

These proposals mirror those by the Justice Committee of the House of Commons, the think tank Transform Justice, the Sentencing Academy, the Prison Reform Trust and the Centre for Justice Innovation. They represent a missing item on the agenda of sentencing reform. I urge the Government to accept these proposals. I beg to move.

My Lords, I will make a few brief comments; I am aware of time, and there is a lot to get through. I wholeheartedly agree with the remarks made by the noble Lord, Lord Marks, and I thank him for his kind comments.

When it comes to sentencing, I have believed for many years that we need more independence and not less. My own submission to David Gauke’s sentencing review focused on this, and, as has been said, followed the Justice Committee’s recommendations—I ought to underline that—in its own inquiry on public opinion and the understanding of sentencing.

I am very grateful to the noble Lord, Lord Marks, for using language about “a change of approach”, because it is important that we get away from making legislation based on a public narrative that is not based on evidence—so-called penal populism. How do we enable the Government to remain focused on maintaining a sustainable approach to custody and facilitate greater scrutiny of the impacts of policy and legislation on prison and probation without the constant pressure from that public narrative, which is affecting the way we do our sentencing? The aim of these amendments, which uphold the principles of independence, is to support Ministers to make objective, evidence-based policy in the midst of all the pain and loss that come through crime.

A couple of years ago, I was in the Netherlands looking at its criminal justice system. Ministers there were horrified at how the public can so affect the way that Ministers act—at how people can beat a path to the door of Ministers, which then affects legislation. The Netherlands has decoupled the way Ministers make legislation and the independent factor, which is what we want to do here. I wholeheartedly agree with these amendments, and I look forward to the Minister’s response.

I thank the noble Lord, Lord Marks, the right reverend Prelate the Bishop of Gloucester and the noble Baroness, Lady Hamwee, for these amendments. Collectively, they seek to introduce an independent advisory panel on sentencing and reducing reoffending. The stated purpose of this panel is to facilitate greater scrutiny of the impacts of policy and legislation on prison and probation resources. I am sure that all noble Lords support that aim, and the idea of creating an independent body to help the Government in developing better policy in this area is an interesting concept that we hope the Minister will give proper consideration to.

These amendments seek to implement recommendation 9.1 of the Independent Sentencing Review by Mr David Gauke and others, a document that has inspired many of the provisions of the Bill. Should the Government decide not to support this recommendation, they should make plain their reasons and justification.

My Lords, I am grateful to the noble Lord, Lord Marks, and the right reverend Prelate the Bishop of Gloucester for these important and thoughtful amendments. They seek to give effect to a recommendation from the Independent Sentencing Review, by David Gauke, which would involve creating an independent advisory body that would provide greater scrutiny of the impacts of policy and legislation on the criminal justice system. I absolutely understand the sentiments behind these amendments, and we recognise that this Bill represents a big change to sentencing in the future and that the Government will need timely advice from voices of expertise and experience. I have worked with some of the organisations the noble Lord, Lord Marks, referred to and hold them in the highest esteem.

The Government do not believe that it is right to legislate for a new statutory panel at this stage, but I will say a little about how we think we can take forward the spirit of this. There are already many advisory and oversight authorities for prisons and probation, many of them with statutory remits. However, we will certainly continue to consider whether the creation of a new advisory body is the appropriate mechanism to ensure greater scrutiny and greater effectiveness of the impacts and outcomes of policy and legislation in this area.

Although we are considering this recommendation from the Independent Sentencing Review carefully—I hope I have made it clear that we take it very seriously—we do not support an Amendment at this time. As I hope the Committee will understand, creating such a panel requires a good deal of thought about its purpose and responsibilities and how it could fit within the panoply of organisations that already advise the wider criminal justice system. It is already a Rubik’s cube.

As noble Lords will know, the Government are undertaking an ongoing review of arm’s-length bodies, and this sets out clear principles, including ministerial policy oversight, avoiding duplication—that is very important—and improving efficiency. So we are not clear that the creation of such a body in statute, as this amendment would do, would quite align with these aims. So, although we do not accept these amendments today, I assure the noble Lord, Lord Marks, the right reverend Prelate the Bishop of Gloucester and indeed the whole Committee that the Government will continue to consider this recommendation.

On the observations of the noble Lord, Lord Marks, and the right reverend Prelate about improving the understanding of the press and the public, we are certainly in the market for anything that will improve their understanding of how the criminal justice system, particularly sentencing policy, works. So I hope this reassurance about the seriousness with which we take the spirit of David Gauke’s recommendation, and indeed the amendment, enables the noble Lord to withdraw the amendment at this stage.

My Lords, I am grateful to the noble Lord, Lord Lemos, for his response and his understanding. I am, however, disappointed that he is not prepared at this stage to commit to putting this recommendation into statute. It seems to me and the right reverend Prelate Bishop of Gloucester to be an important feature. If his concern is that we should continue to try to inform the press and public of what sentencing is about, and of what government policy on sentencing and reducing reoffending is about, then the formation of this body is very important. If the formation of this body is very important, why should it not be sanctioned by statute?

Although I will not press our amendments at this stage, this is only on the basis that the noble Lord talked about my not doing so. That does not mean that we will not come back with them on Report if the Government have not changed their mind. For my part, I see no reason why they should not be in this otherwise extremely worthwhile Bill. I beg leave to withdraw the Amendment.

Amendment 90 withdrawn.

Amendments 91 to 93B not moved.