MPs have pressed for Sentencing Council members to resign or be sacked following the row over claims of a “two-tier” justice system.
Lord Chancellor and Justice Secretary Shabana Mahmood was challenged by the Conservatives to say whether she has confidence in the independent body’s chairman, Lord Justice William Davis.
Labour MP Graham Stringer added those members of the council who made “fundamental errors of judgment” should no longer continue in their jobs, and Tory former minister Sir John Hayes suggested those involved in the decision should “do the honest and right thing and resign”.
Ms Mahmood said she was “not interested in making a personal attack on anybody” and defended those working in the judicial system.
Her remarks came after she insisted “all must be equal before the law” as the Government introduced a Bill following the row over guidelines, which were scheduled to come into force on Tuesday but delayed due to the proposed legislation.
The new guidelines for judges said a pre-sentence report would usually be needed before sentencing someone of an ethnic, cultural or faith minority, alongside other groups such as young adults aged 18 to 25, women and pregnant women.
But the new law would ban the Sentencing Council from making guidelines about pre-sentence reports with specific reference to an offender’s personal characteristics.
Ms Mahmood told the Commons: “My view is that despite the noble intentions behind them in attempting to address inequalities in our justice system, these guidelines sacrifice too much.
“They raise a serious question of policy. In the pursuit of equality of outcome for different religions and races should we treat them differently before the eyes of the law, and move so far away from an ideal that has underpinned justice in this country for centuries? On this, I am clear. All must be equal before the law.”
The Lord Chancellor also said the proper role of the Sentencing Council will be considered in the coming months, and any further legislation would be proposed in the upcoming sentencing bill.
She said: “The council does important work bringing greater consistency to judicial decision making, but we are here today discussing a question of policy, a difficult, disputed and uncertain one at that if the government cannot determine national policy on the question of equality of treatment before the law, then we have uncovered a democratic deficit.”
Shadow justice secretary Robert Jenrick questioned “who really is in charge”, adding: “Yet again, the Justice Secretary has been humiliated and undermined by activist judges seeking to undermine the will of this place, our Parliament.
“Her authority has been shredded, she is being treated as a two-tier, second-tier Justice Secretary.”
Mr Jenrick added: “After he has brought the Sentencing Council into total disrepute, can she honestly say at the despatch box that she has confidence in the head of the Sentencing Council Lord Justice Davis – yes or no?”
Ms Mahmood said “I don’t make it personal” in her reply.
South Holland and The Deepings MP Sir John also told the Commons: “The Lord Chancellor is right that equality before the law lies at the heart of popular respect for justice.
“But I have to say to her that it’s not this House that endangers the separation of powers, but judicial activists … who are more interested in making laws than applying them.
“So will she let this House know whether she retains faith in the Sentencing Council, of its members, or whether like me she believes that having been exposed they should now do the honest and right thing and resign?”
Ms Mahmood replied: “I’m not interested in making a personal attack on anybody.”
She said she has a “point of principle disagreement” with members of the Sentencing Council over policy and the “proper role that they should play”.
Ms Mahmood added: “We’ve tried to resolve it, they’ve agreed to pause their guidelines, we’ll move forward constructively.
“I will not stand back and let people attack the independence of the judiciary. I have sworn a solemn oath, I will fulfil that oath and we’re very lucky in this country to have the sort of legal system that we do, a judiciary that is held in high regard, these are public servants of the highest order.”
Mr Stringer, MP for Blackley and Middleton South, said: “Can I congratulate (Ms Mahmood) on a victory over the Sentencing Council on a fundamental principle of equality before the law.
“The independence of the Sentencing Council does not entitle them to go over their boundaries into the area of policy and politics into which they have strayed.
“I think this is such a fundamental issue that those members of the Sentencing Council having made those fundamental errors of judgment should no longer be able to carry on in the job, whether it is by their own decision or by the Secretary of State’s.”
