The sentencing guidelines row: A product of poor law-making?

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? 

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Parliament Matters is a Hansard Society production supported by the Joseph Rowntree Charitable Trust.

Presenters: Mark D'Arcy and Ruth Fox

Producer: Gareth Jones

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