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
Spring Statement 2025 (2 April 2025): Rt Hon Rachel Reeves MP (Chancellor of the Exchequer at HM Treasury), Louise Tinsley (HM Treasury official), and William MacFarlane (HM Treasury official)
Spring Statement 2025 (1 April 2025): Paul Johnson (Institute for Fiscal Studies), Dr Jumana Saleheen (Vanguard Asset Management), and Ruth Curtice (Resolution Foundation)
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
United States Senate Session, 31 March 2025: Senator Cory Booker (D-NJ) delivers the longest-ever Senate floor speech
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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.
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In our latest ‘Whipping Yarn’, we talk with Simon Hart, former Conservative Chief Whip during Rishi Sunak’s Premiership. Hart opens up about his time in one of Westminster’s most demanding and discreet roles, chronicled in his new book, ‘Ungovernable: The Political Diaries of a Chief Whip’.
If a crisis or major national event occurs during a period when Parliament is adjourned, there are often demands from MPs, the media and the public for Parliament to be ‘recalled’. But the House of Commons Standing Orders stipulate that only Government Ministers - in reality, the Prime Minister - can ask the Speaker to recall the House. In recent years the House of Lords has generally been recalled at the same time as the House of Commons.
In response to the Modernisation Committee's call for views on 17 October 2024, we submitted evidence outlining key areas we believe the Committee should prioritise. Our submission recommended a focus on: strengthening legislative scrutiny, with particular emphasis on reforming the delegated legislation system; enhancing financial scrutiny, especially in relation to the Budget and the Estimates; addressing strategic gaps in parliamentary scrutiny; making more effective use of parliamentary time; and reviewing the Standing Orders, language and rituals of the House of Commons.
This briefing explains what to watch for during the Second Reading debate of the Terminally Ill Adults (End of Life) Bill on 29 November. It outlines the procedural and legislative issues that will come into play: the role of the Chair in managing the debate and how procedures such as the 'closure' and 'reasoned amendments' work. It looks ahead to the Committee and Report stage procedures that will apply if the Bill progresses beyond Second Reading. It also examines the government's responsibilities, such as providing a money resolution for the Bill and preparing an Impact Assessment, while addressing broader concerns about the adequacy of Private Members’ Bill procedures for scrutinising controversial issues.
In this ninth instalment of our special mini-podcast series, we continue to explore the latest developments in the progress of the Terminally Ill Adults (End of Life) Bill, often referred to as the assisted dying bill. We are joined by Dr Marie Tidball MP to discuss the amendments she has secured for a Disability Advisory Board and an independent advocate for people with learning disabilities.
