Peers Back Sentencing Transparency, Reject Curbs on Early Release

High-Level Summary

The House of Lords held oral questions on flooding, graduate employment, defence spending and Channel Tunnel reliability, then considered Commons Urgent Questions on inheritance‑tax reliefs and on the Northern Ireland Troubles Bill. Peers undertook a substantial Report stage of the Sentencing Bill, agreeing to broaden whole‑life order starting points for murders of probation staff and to require an annual prison‑capacity report. The House voted to publish Crown Court sentencing remarks on request and to remove the clause allowing publication of offenders’ images during unpaid work. Amendments to narrow the presumption to suspend short sentences, to exclude serious offences from the early‑release model, and to require fixed future release dates for IPP prisoners were defeated, though Ministers shortened the qualifying period for terminating IPP licences. Ministers also confirmed the UK was not involved in US action in Venezuela and reiterated support for a peaceful, democratic transition there.

Detailed Summary

Flooding interventions (Oral Question)

Baroness Hayman of Ullock said the main programme metric is “properties better protected”, alongside asset condition, with a new 10‑year programme to benefit 840,000 properties by 2036 and new outcome metrics on economic benefits and property risk reduction [ref: a1043.2/1]. She confirmed a “record £10.5 billion” commitment, noting flood risk affects insurance and explaining Flood Re’s role [ref: a1043.4/1]. Peers raised sustainable drainage, farmer compensation, Flood Re’s duration, value for money and cross‑border co‑ordination. The Minister said the department is working with MHCLG on sustainable drainage [ref: a1043.6/1], outlined the Farm Recovery Fund “up to £25,000” and that recommendations on compensation are being considered [ref: a1044.1/1], and, “from memory”, thought Flood Re was due to run “to 2036” [ref: a1044.3/1]. She set out four metrics (economic benefits; reduction in risk to properties; properties benefiting; asset condition) [ref: a1044.5/2; a1044.5/3], confirmed regular meetings with Welsh, Scottish and Northern Irish counterparts [ref: a1045.1/1], trailed a forthcoming water White Paper on pollution [ref: a1045.3/1], and said a water White Paper is “being ‘actively worked on’”, with a water Bill a priority for the next Session [ref: a1046.1/1; a1046.3/1].

Graduate jobs (Oral Question)

Baroness Sherlock said graduates still have higher employment and earnings than non‑graduates and set out actions: “investing £1 billion in sector skills packages … launching the jobs and careers service … delivering the youth guarantee” [ref: a1046.6/1]. On AI, she said, “we do not yet see the evidence that this necessarily means a long‑term decline in graduate jobs” [ref: a1047.0/1]. On apprenticeships, she cited an ambition for two‑thirds of young people to go to university or take “gold‑standard apprenticeships”, including at least 10% at level 4 or 5 [ref: a1047.2/1]. She reaffirmed graduate outcome advantages [ref: a1048.0/1], described widening access to internships and a guaranteed six‑month job after 18 months on universal credit for some young people [ref: a1048.2/1], and said university careers support now better aligns skills with labour demand [ref: a1049.1/1].

Defence spending (Oral Question)

Lord Coaker said Defence is working to deliver the strategic defence review “as a deliverable and affordable plan,” with Chiefs of Staff engaged [ref: a1050.2/1]. He quoted the Chief of the Defence Staff as looking at the greatest “sustained” rise in defence spending since the Cold War [ref: a1050.4/2]. Pressed on the delayed defence investment plan, he declined to give a date, stressing getting choices right and citing increasing CDEL and DEL budgets [ref: a1051.2/1]. He rejected describing the UK as a “middle‑ranking” or “diminishing” power and affirmed a full NATO role [ref: a1052.1/1]. On targets, he said there is a plan for 2.6%, an ambition of 3%, and noted the Prime Minister’s 3.5% statement at The Hague [ref: a1053.0/1].

Channel Tunnel infrastructure reliability (Oral Question)

Following late‑December disruption, Lord Hendy commissioned the Intergovernmental Commission and the Office of Rail and Road to review the incidents and previous recommendations so that “urgent lessons are learned” [ref: a1053.3/1]. He said compensation is available from Eurostar and Getlink [ref: a1053.5/1] and expressed concern that previous recommendations may not have been fully implemented [ref: a1053.5/2]. On capacity and competition, he foresaw no infrastructure reason to limit increased services and highlighted steps by Virgin and Trenitalia [ref: a1054.1/2]. He resisted aligning rail and air compensation regimes and prioritised reliable infrastructure [ref: a1054.3/2]. On causes, preliminary views suggested a train brought down overhead wires, a false seized‑wheel alarm, and no “particularly strong failure of the electricity supply” [ref: a1056.0/1].

Agricultural and Business Property Reliefs (Commons Urgent Question – Lords exchanges)

The Government restated reforms to increase the 100% relief allowance from £1 million to £2.5 million from April, allowing couples to pass up to £5 million tax‑free, with reforms expected to halve affected estates and still raise around £300 million in 2029‑30 [ref: a1056.2/3; a1056.2/4; a1056.2/5]. Lord Livermore said Ministers had listened and “have acted … to protect more family farms and family‑owned businesses” [ref: a1057.1/2]. He said the changes would “still raise about £300 million” and highlighted how a small number of very large claims previously accounted for a large share of costs [ref: a1057.3/1]. He said the OBR will confirm updated costings in its next forecast [ref: a1058.1/1], pointed to support limiting pub bills to a 4% rise on average [ref: a1058.5/1], and said an SPS agreement with the EU is being pursued as part of the “EU reset” [ref: a1059.1/1].

Northern Ireland Troubles Bill: armed forces recruitment and retention (Commons Urgent Question – Lords exchanges)

Lord Coaker stated the Government “do not see any moral equivalence between our Armed Forces and terrorists” [ref: a1061.1/1]. He said the 2023 Act would be replaced, with protections for veterans placed in legislation, and continued engagement to build consensus across Northern Ireland [ref: a1061.1/2; a1062.0/2]. He rejected an amnesty, arguing people want answers and investigations [ref: a1063.2/1], agreed that all must be treated fairly under the rule of law [ref: a1063.4/1], and noted the ECHR “cannot be applied retrospectively” [ref: a1064.0/1].

Sentencing Bill – Presumption to suspend short sentences and related amendments

Lord Keen sought to clarify that the presumption should apply to pre‑discount sentences, warning that applying it after guilty plea credit could extend the presumption to offences attracting sentences up to 18 months. Lord Timpson opposed on grounds of not disincentivising early guilty pleas and avoiding inconsistency where other mitigation reduces sentences below 12 months [ref: a1066.1/2; a1066.1/3]. He warned there would be “a long shadow over those who vote for amendments to put even more pressure on the prison system” [ref: a1066.1/6]. Amendment 1 was defeated (Ayes 182, Noes 209) [ref: a1068.1/1]. Lord Keen then proposed excluding sexual and domestic abuse offences from the presumption. Supporters stressed victim reassurance; opponents cited capacity and evidence on short sentences. The Minister said public protection remains paramount and courts can still impose immediate custody where there is significant risk or breaches of orders, and noted a new judicial finding of domestic abuse at sentencing to improve identification [ref: a1074.0/2; a1074.0/3; a1074.0/4; a1074.0/5]. Amendment 25 was defeated (Ayes 180, Noes 219) [ref: a1075.2/1].

Sentencing Bill – Whole‑life orders and ending publication of images for unpaid work

Government Amendment 53 broadened the whole‑life order starting point to cover the murder of probation officers in the course of duty, and murders of serving or former police, prison or probation officers motivated by their duties [ref: a1094.3/2; a1094.3/3]. The amendment was agreed [ref: a1096.2/2]. Ministers accepted removal of Clause 35, which would have allowed publication of names and photographs of offenders undertaking unpaid work. The Minister said unpaid work is already “tough and visible” and photography risks damaging rehabilitation; the Government accepted Amendment 89 to leave out the clause [ref: a1094.3/5; a1096.2/1].

Sentencing Bill – Sentencing Council oversight

Ministers amended Clauses 18 and 19 to require the Lord Chancellor and Lady Chief Justice to decide “as soon as practicable”, to allow withholding consent to guidelines only where “necessary … to maintain public confidence”, and to lay reasons before Parliament [ref: a1101.4/2; a1101.4/3]. Lord Burnett called the clauses “unfortunate” and a potential “executive veto”, though he acknowledged the amendments were a “slight” improvement [ref: a1098.0/5; a1098.0/6]. The amendments were agreed [ref: a1101.2/3; a1101.4/4].

Sentencing Bill – Annual prison capacity report

The Government introduced a statutory annual report on prison capacity, to include the number of people in prison and places and projections, and committed that probation capacity will form part of the statement, while repealing the 1952 duty [ref: a1103.0/1; a1103.0/2; a1103.0/3]. Ministers undertook to continue publishing prison and probation workforce statistics and to update the House on rebuilding the Probation Service [ref: a1103.0/3; a1103.0/4]. The amendment was agreed [ref: a1111.0/3].

Sentencing Bill – Youth sentencing anomaly (offences committed as children)

Baroness Sater proposed that offenders whose crimes were committed as children should be sentenced using youth guidelines if they first appear in court aged 18 to 20. Ministers expressed sympathy but argued the change would “significantly alter the youth sentencing framework” and has wider ramifications beyond the Bill [ref: a1114.2/2; a1114.2/4]. The amendment was withdrawn [ref: a1116.0/2].

Sentencing Bill – Transparency of sentencing remarks

Lord Keen’s Amendment 68, requiring Crown Court sentencing remarks to be provided within 14 days on request (subject to judicial approval and reporting restrictions), was agreed (Ayes 204, Noes 136) [ref: a1120.2/1]. The Government warned universal provision would be costly and operationally burdensome, but said they are exploring AI to reduce transcription costs [ref: a1119.0/4; a1119.0/5].

Venezuela (Statement)

Ministers confirmed “the United Kingdom was not involved” in US operations and that the UK “was not informed” in advance [ref: a1131.1/2; a1137.0/2]. They reiterated support for a peaceful transition to democracy and said, “It is, of course, for the US to set out the legal basis for its actions” [ref: a1131.1/16; a1131.1/14]. They rejected any moral equivalence with Russia’s invasion of Ukraine [ref: a1139.1/1; a1140.2/1], and confirmed engagement across the political spectrum in Caracas, including with María Corina Machado [ref: a1137.0/8; a1137.0/9]. On Greenland, the UK said its future is a matter for “the Greenlanders and Danes, and no one else” [ref: a1131.1/18].

Sentencing Bill – Early‑release ‘earned progression’ exclusions

Lord Keen sought to exclude serious offences (e.g. rape, GBH, stalking) from the Bill’s new release model, arguing Clause 20 is automatic rather than earned and risks undermining confidence. Ministers warned that removing these cohorts would risk prisons “running out of space” and said offenders would be subject to intensive supervision, expanded tagging and recall [ref: a1127.0/1; a1127.0/5]. Amendment 74 was defeated (Ayes 134, Noes 185) [ref: a1129.1/1].

Sentencing Bill – IPP prisoners: future release dates and licence termination

Lord Thomas’s Amendment 76 would have required the Parole Board to set a future release date for post‑tariff IPP prisoners, with safeguards. Ministers rejected this as risking release of prisoners the Board had deemed too dangerous and insisted release must continue to meet the statutory test [ref: a1159.1/6; a1159.1/8]. The amendment was defeated (Ayes 41, Noes 97) [ref: a1163.1/1]. Separately, Government Amendment 91 reduced from three years to two the qualifying period for IPP licence termination and enabled one further referral after a year where no recall occurred, offering “a faster and safe route to the end of their sentence” [ref: a1159.1/2; a1175.4/2].

Sentencing Bill – Recalls and domestic abuse safeguards

On fixed‑term recalls, Lord Marks sought flexibility below 56 days and exclusions for serious offenders; he withdrew after Ministers highlighted existing powers to convert recalls and to re‑release early via risk‑assessed recall reviews [ref: a1169.1/5]. On domestic abuse risks, the Minister committed to work with the Domestic Abuse Commissioner to update guidance and staff training and to draw on external expertise [ref: a1169.1/6; a1169.1/7].

Sentencing Bill – Early removal of foreign prisoners

Lord Thomas (for Lord Verdirame) proposed limits on the early removal scheme, including excluding sentences over three years and addressing repeat returnees. The Government said ERS is discretionary and new guidance will set out refusal factors; those who unlawfully re‑enter are liable to serve the remainder under “stop the clock” provisions [ref: a1173.0/6; a1173.0/7; a1173.0/5]. The amendment was withdrawn [ref: a1175.0/3].

Sentencing Bill – Gambling addiction in the criminal justice system

Lord Foster’s amendment to mandate gambling‑addiction assessments in pre‑sentence and offender assessments was withdrawn after the Minister pledged to give gambling “parity of esteem”, update the new ARNS tool to include gambling‑specific prompts, convene a round table with experts, expand mutual‑aid access (e.g. Gamblers Anonymous) across prisons, and report progress before Summer Recess [ref: a1177.1/2; a1177.1/3; a1177.1/5; a1177.1/6; a1177.1/9].