News

The sentencing guidelines row: A product of poor law-making? - Parliament Matters podcast, Episode 86

4 Apr 2025
© House of Commons
© House of Commons

The Government has published “emergency legislation” to block new sentencing guidelines. But why does Parliament have limited oversight of the Sentencing Council? Has heavy handed policing interfered with the work of an MP? What do disabled MPs make of Westminster - the building and the procedures? And after a 25-hour speech brought the US Senate to a halt, could it ever happen at Westminster?

The Government has published “emergency legislation” — the Sentencing Guidelines (Pre-sentence Reports) Bill — to block new guidelines coming into effect that single out differential treatment of ethnic minority offenders when ordering pre-sentencing reports. These reports would then be used by judges to make decisions on sentencing. Critics are calling it a case of “two-tier justice.” The Lord Chancellor Shabana Mahmood says there’s “insufficient democratic oversight” of how the Sentencing Council operates.

In this episode, Ruth and Mark examine Parliament’s limited ability to scrutinise Sentencing Council guidelines — why that’s the case, how it could have been different, and why successive governments have failed to address it. They trace the issue back to a 2009 “Christmas Tree” law that had so many policy baubles it was difficult to scrutinise, an enduring trend of outsourcing decision-making to arms-length bodies, and a culture of “perma-crisis” that has defined UK politics for over 15 years.

Also in this episode: Chancellor Rachel Reeves’ big moment before the Treasury Committee is eclipsed by President Trump’s shock international tariff announcement. At the Transport Committee, Heathrow’s Chief Executive issues a full apology for the massive flight disruption caused by a power station fire that brought the Airport to a halt. Meanwhile, MPs with disabilities and health conditions testify before the Commons Modernisation Committee about the challenges they face navigating Westminster - the building and the procedures.

Plus: Did Hertfordshire Police cross a constitutional line by warning former Deputy Prime Minister Oliver Dowden MP not to look into the arrest of two of his constituents over “disparaging comments” they made in their child’s school WhatsApp group? Ruth and Mark consider how other cases involving vexatious constituents have been handled by MPs and how the issues engage parliamentary privilege.

After Cory Booker’s 25-hour speech in the US Senate, could a filibuster ever happen in Westminster? (Spoiler: absolutely not.) And should MPs be lobbying foreign governments to build airports when they oppose them here in the UK?

House of Commons

Sentencing Council

House of Commons Treasury Select Committee

House of Commons Modernisation Committee

  • Access to the House of Commons and its procedures (1 April 2025): Robert Halfon, Dr Marie Tidball MP, Sarah Bool MP, Steve Darling MP, and Marsha De Cordova MP.

CSPAN

Please note, this transcript is automatically generated. There may consequently be minor errors and the text is not formatted according to our style guide. If you wish to reference or cite the transcript copy below, please first check against the audio version above.

Intro: [00:00:00] You are listening to Parliament Matters, A Hansard Society Production supported by the Joseph Rowntree Charitable Trust. Learn more at hansardsociety.org.uk/pm..

Ruth Fox: Welcome to Parliament Matters, the podcast about the institution at the heart of our democracy, Parliament itself. I'm Ruth Fox.

Mark D'Arcy: And I'm Mark D'Arcy. And coming up in this week's episode.

Ruth Fox: The sentencing mess. How the government got into a tangle about new criminal sentencing guidelines and how it plans to untangle it.

Mark D'Arcy: A matter of privilege. Is heavy handed policing interfering in the work of MPs?

Ruth Fox: And after a 25 hour speech brought the US Senate to a halt, could it ever happen at Westminster?

Mark D'Arcy: And Ruth, let's begin by talking about, as you described it, the sentencing mess. The Sentencing Council, the independent arms length body, [00:01:00] which to some extent has had outsourced to it the policy on how many years tariff there should be for a particular offender who's committed a particular crime, all sorts of issues of sentencing procedure, has basically landed the government in a very difficult position.

It's supposed to be an arm's length body, but it's now recommended something that's very, very uncomfortable for a government.

Ruth Fox: Yes. So what essentially it's done, uh, it has to consult on its guidelines, uh, periodically it held its consultation at the end of 2023, beginning of 2024. At the time, it was sort of passed over politically, both by the government and, and by the opposition.

Nobody really raised any questions about it.

Mark D'Arcy: Because this surfaced actually when the conservatives were still in government.

Ruth Fox: Yes.

Subscribe to Parliament Matters

Use the links below to subscribe to the Hansard Society's Parliament Matters podcast on your preferred app, or search for 'Parliament Matters' on whichever podcasting service you use. If you are unable to find our podcast, please email us here.

News / Parliament Matters Bulletin: What’s coming up in Parliament this week? 30 June - 4 July 2025

MPs will vote on the Universal Credit and Personal Independence Payment Bill. Motions objecting to ratification of the UK–Mauritius Agreement on the Chagos Archipelago will be debated by Peers. MPs will debate the proscription of Palestine Action. Chancellor Rachel Reeves faces MPs’ oral questions and the Defence Secretary John Healey MP faces select committee scrutiny. MPs will formally approve the continued existence of the armed forces for the next 12 months, as required annually. Consideration of the Bill to create an Armed Forces Commissioner may also be completed this week. The House of Lords (Hereditary Peers) Bill returns to the Lords for Report Stage while Peers will also scrutinise the Renters’ Rights and the Children’s Wellbeing and Schools Bill.

29 Jun 2025
Read more

News / What Westminster gets wrong about the NHS - Parliament Matters podcast, Episode 98

We are joined this week by two guests who bring invaluable insight into the intersection of health policy and parliamentary life. Dr. Sarah Wollaston and Steve Brine – both former MPs, health policy experts, and co-hosts of the podcast Prevention is the New Cure – share their experiences of how the House of Commons handles health and social care. Please help us by completing our Listener Survey. It will only take a few minutes.

27 Jun 2025
Read more

News / Assisted dying bill: Special series #14 - MPs back assisted dying bill in historic vote - Parliament Matters podcast, Episode 97

This week, we reflect on a landmark moment in UK parliamentary history: the Terminally Ill Adults (End of Life) Bill has passed its Third Reading in the House of Commons, moving one step closer to legalising assisted dying in England and Wales. We are joined once again by former House of Commons Clerk Paul Evans to examine how this Private Member’s Bill navigated the political and procedural obstacles in its path and to explore what lies ahead in the House of Lords. Please help us by completing our Listener Survey. It will only take a few minutes.

21 Jun 2025
Read more

Guides / How does Parliament approve Government spending? A procedural guide to the Estimates process

In order to incur expenditure the Government needs to obtain approval from Parliament for its departmental spending plans. The annual Estimates cycle is the means by which the House of Commons controls the Government’s plans for the spending of money raised through taxation.

16 Jan 2023
Read more

Blog / What role does Parliament play in the Spending Review?

The UK Spending Review outlines how Government funds will be allocated over several years. Unlike the Budget, which raises revenue, the Review decides how it is spent. But how is it approved? What role does Parliament play if it doesn’t vote on the Review itself? This blog explores how the Spending Review works, how it differs from the Budget, and how Parliament holds the Government to account through the Estimates process.

09 Jun 2025
Read more