In his latest column, PopCon Director, Mark Littlewood, says that we need to drop the prefix “independent” when describing outfits like the Sentencing Council. “Independent” should be replaced by “unaccountable”.

It’s rare for me to feel much sympathy for a Labour cabinet minister; however, I have to confess this week that a tiny bit of my heart reached out to Justice Secretary, Shabana Mahmood.

She is the latest politician to discover that – whilst she might have a fancy title and the trappings of power – key policy decisions in her area actually are made by unaccountable and unelected bureaucrats.

In this instance, the Sentencing Council has issued new guidance to take effect from April 1st which, in essence, makes it easier for those from ethnic minority backgrounds and/or minority faith communities to avoid prison. 

It goes without saying that it’s right and proper to consider an individual’s circumstances and character when passing sentence. If you have no blemish on your record to date, you will typically be treated more leniently than someone who has a crime sheet longer than their arm. 

But it is your character that should be judged – not the colour of your skin or whichever God you may choose to worship.

Robert Jenrick - who only takes time off campaigning to occasionally grab a few hours of sleep here and there - was all over the issue and blindsided Mahmood. Here, in plain text, was cast iron proof of a two-tier justice system.

Mahmood, for her part, seemed genuinely surprised. She replied over the despatch box that she favoured equality under the law and basing sentences on race or religion was not going to happen on her watch. It was almost as if she was unaware that the Sentencing Council had issued any guidance at all, let alone the racist hogwash they actually came up with.

In a further example of the emasculation of politicians, the Justice Secretary reached for the most powerful weapon immediately available in her armoury. She wrote a stiff letter to someone called Lord Justice Davis, who apparently chairs this quango, to “make clear [her] displeasure.”

In fairness to Mahmood, she now says she is open to reviewing the powers of the Sentencing Council. She will probably prevail in having the guidance withdrawn. She might even clip the wings of the council in upcoming legislation.

This whole farrago is yet more proof that our country is run by lawyers more than by the politicians we elect.

We need to drop the prefix “independent” when describing outfits like the Sentencing Council. “Independent” should be replaced by “unaccountable”.

I don’t want major policy decisions to be made independently of the Parliament we elect and guidance on sentencing is a political matter, not a mere legal nicety.

The Sentencing Council should be wholly consumed within the Justice ministry and directly accountable to – as well as being removable by – the Lord Chancellor. The government should legislate accordingly.

Let’s see how long it is before another out-of-touch quango makes policy decisions without the support of the government. My guess is mere days. Possibly even mere hours.

Keep the flag of freedom flying.