Coroners and Justice Bill

I strongly support what my two noble and learned friends have said. My noble friend Lord Tenby introduced me to members of the Magistrates’ Association in the run-up to this Bill. It is as a result of that conversation that I speak now. I am concerned that Her Majesty’s Government sometimes, with the best of intentions, too narrowly prescribe the range of actions of professionals on the front line. I am thinking of teachers, social workers and, in this case, magistrates. This micromanagement, as it is commonly termed, has a mournful effect on the morale of professionals and contributes to poorer outcomes and the disillusionment of practitioners. In Amendment 189, I seek to prevent such overprescription. I welcome the Minister’s intentions to ensure that there is a consistency of sentencing, which is something that we all desire. However, as has been mentioned, the clause proposed in the Bill obliges uniformity of sentence, something quite different from consistency and unwelcome. As my noble and learned friend Lord Lloyd of Berwick has asked, what is the Minister’s evidence for proposing this change to the statute book? The number of short-term custodial sentences—sentences of under six months—has decreased in recent years. Since a peak of 4.9 per cent in 2001, there has been a reduction to 3.9 per cent in 2007. This is a drop in real terms of 25 per cent, despite the number of offenders sentenced increasing by 4.6 per cent. New sentencing guidelines came into effect on 1 August 2008 and magistrates have been most positive in ensuring consistent adherence to them. Since October 2008, the quarterly figures have shown a continued decrease each month on the same period 12 months earlier of between 8 per cent and 15 per cent in the number of prisoners serving short-term custodial sentences. This is despite the number of sentences remaining constant. As the noble and learned Lord, Lord Lloyd of Berwick, said, what is the basis for changing the law? Paragraph 4.14 of the Gage report, which has been referred to, points out that no information is being collected on the numbers of departures from guidelines or the reasons for the departures. Are we being asked to legislate on the basis of simple anecdote and speculation? The summary of the report notes that many respondents saw, ""a need for a period of stability avoiding further changes to sentencing and a concern that structured sentencing would lead to a fettering of judicial discretion and independence and ultimately to injustice"." The "interests of justice" test does not reassure me, as, in my view, everything that the Bench does is in the interests of justice and full reasons are always expected to be given for whatever sentences are imposed. Unsurprisingly, the Magistrates’ Association describes this current clause as an insult to the integrity of magistrates. It is strongly concerned that it will frustrate magistrates’ imperative to apply the rule of law in each individual case. I respect the Minister’s intentions. However, I am concerned that this clause will unintentionally undermine the outcome that we all wish to see. The Government are keen to recruit new magistrates and young professionals, but how will people be encouraged to participate in this decision-making if, as it seems, they will have little input as a result of their decision-making being so tightly prescribed? I look to the Minister for reassurance in his response.