Victims and Prisoners Bill

(Limited Text - Ministerial Extracts only)

Report stage
Monday 4th December 2023 Commons Chamber

[The Minister of State, Ministry of Justice (Edward Argar)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

Government new clause 21—Information relating to victims: service police etc.

Government new clause 22—Meaning of “major incident” etc.

Government new clause 23—Appointment of standing advocate.

Government new clause 24—Publication of reports.

Government new clause 25—Part 2: consequential amendments.

Government new clause 26—Imprisonment or detention for public protection: termination of licences.

Government new clause 37—Restricting parental responsibility where one parent kills the other.

New clause 1—Re-sentencing those serving a sentence of imprisonment for public protection—

‘(1) The Lord Chancellor must make arrangements for, and relating to, the re-sentencing of all prisoners serving IPP sentences within 18 months beginning on the day on which this Act is passed.

(2) Those arrangements must include arrangements relating to the establishment of a committee to provide advice regarding the discharge of the Lord Chancellor’s duty under subsection (1).

(3) The committee established by virtue of subsection (2) must include a judge nominated by the Lord Chief Justice.

(4) A court that imposed an IPP sentence has the power to re-sentence the prisoner in relation to the original offence.

(5) But the court may not impose a sentence that is a heavier penalty than the sentence that was imposed for the original offence.

(6) In relation to the exercise of the power in subsection (4)—

(a) that power is to be treated as a power to re-sentence under the Sentencing Code (see section 402(1) of the Sentencing Act 2020);

(b) the Code applies for the purposes of this section (and, accordingly, it does not matter that a person serving an IPP sentence was convicted of an offence before 1 December 2020).

(7) In this section—

“IPP sentence” means a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 or a sentence of detention for public protection under section 226 of that Act (including such a sentence of imprisonment or detention passed as a result of section 219 or 221 of the Armed Forces Act 2006);

“original offence” means the offence in relation to which the IPP sentence was imposed.

(8) This section comes into force at the end of the period of two months beginning with the day on which this Act is passed.”

This new clause would implement the recommendation of the Justice Committee’s 2022 Report that there should be a resentencing exercise in relation to all IPP sentenced individuals, and to establish a time-limited expert committee, including a member of the judiciary, to advise on the practical implementation of such an exercise.

New clause 2—Appointment of an advocate to represent IPP prisoners’ interests—

“(1) The Secretary of State may, by regulations, establish a list of advocates to further the interests of prisoners serving imprisonment for public protection (IPP) sentences.

(2) For the purposes of subsection (1), the Secretary of State may set out minimum qualifications for any person to be appointed as an IPP advocate.

(3) A person may only act as an IPP advocate if the Secretary of State considers that the following conditions are satisfied—

(a) they have had appropriate experience or training or an appropriate combination of experience and training;

(b) they are of integrity and good character; and

(c) they are able to act independently of any other person who is professionally concerned with the qualifying prisoner’s continuing imprisonment.

(4) The Secretary of State may pay to, or in respect of, such a person—

(a) amounts by way of remuneration, pensions, allowances or gratuities, and

(b) sums in respect of the expenses of the IPP advocate.

(5) Regulations under this section are to be made by statutory instrument; and an instrument containing regulations made under this section is subject to annulment in pursuance of a resolution of either House of Parliament.’

This new clause, and new clause NC3 would allow the Secretary of State to appoint a number of independent advocates to act on behalf of over-tariff prisoners sentenced to imprisonment for public protection.

New clause 3—Functions of an IPP advocate—

‘(1) Any IPP prisoner who has exceeded their minimum tariff period is entitled to ask for the assistance of an IPP advocate.

(2) An IPP advocate may not provide legal services or advice to an IPP prisoner.

(3) An IPP advocate may—

(a) visit and advise an IPP prisoner at the facility where they are imprisoned;

(b) subject to subsection (2), appear before the Parole Board on behalf of an IPP prisoner;

(c) visit and advise an IPP prisoner who has been released on licence.

(4) For the purposes of this Act, “IPP prisoner” means a person sentenced to imprisonment for public protection under the Criminal Justice Act, or any successor Act.’

This new clause sets out the functions of an IPP advocate. They will not provide legal advice, but will provide practical advice, support them at the Parole Board and on release.

New clause 4—Parole Board: victim personal statement—

‘(1) It is the duty of the Parole Board to ensure that victims are offered the opportunity to give their views in the criminal justice process by making a personal statement.

(2) Where a victim has opted-in to the Victim Contact Scheme, the Parole Board must record whether the victim has been offered the opportunity to provide a personal statement to the Parole Board before it makes a decision relevant to the victim.

(3) The Parole Board must report annually to the Secretary of State on the data recorded under subsection (2) and on its compliance with the duty under subsection (1).

(4) The Secretary of State must lay a copy of any reports received under this section before Parliament within 15 days of receipt.’

This new clause would place a duty on the Parole Board to ensure that victims are offered the opportunity to give their views in the criminal justice process and require it to report to the Secretary of State on its compliance with that duty.

New clause 5—Duty to develop a single core data set of victims of child sexual abuse—

‘(1) The responsible authority must make arrangements to develop a shared, single core data set concerning victims of child sexual abuse and child sexual exploitation in England and Wales.

(2) In accordance with subsection (1) the responsible authority must direct children’s social care and criminal justice agencies to collect consistent and compatible data which includes—

(a) the characteristics of victims and alleged perpetrators of child sexual abuse, including—

(i) age,

(ii) sex, and

(iii) ethnicity,

(b) the factors that make victims more vulnerable to child sexual abuse or exploitation, and

(c) the settings and contexts in which victims have experienced child sexual abuse or exploitation.

(3) The responsible authority must ensure that the data is published each month.

(4) For the purposes of this section, the responsible authority is—

(a) in England, the Secretary of State; and

(b) in Wales, the Welsh Ministers.’

New clause 6—Assessment of numbers of independent domestic violence and sexual violence advisors, stalking advocates and specialist support services—

‘Within six months of the passing of this Act, and annually thereafter, the Secretary of State must—

(a) make an assessment of the adequacy of the number of independent domestic violence and sexual violence advisors, stalking advocates, and specialist support services in each region of England and Wales, having regard to the population in each region, and

(b) publish that assessment.’

This new clause would require the Secretary of State to make an assessment of the adequacy of the number of ISVAs, IDVAs, stalking advocates and specialist support services in each region of England and Wales.

New clause 7—Improving accessibility and awareness of the Victims’ Code—

‘(1) In preparing the draft of the victims’ code under section 2, the Secretary of State must take all practicable steps to ensure that the code is fully accessible to all victims and to promote awareness of the code among those victims and associated services.

(2) For the purposes of this section the Secretary of State must by regulations prescribe—

(a) that criminal justice bodies must signpost victims to appropriate support services, and

(b) that appropriate training is delivered to staff in criminal justice bodies, including by specialist domestic abuse services.

(3) The steps taken under subsection (1) must include steps aimed at ensuring that victims who—

(a) are deaf,

(b) are disabled,

(c) are visually impaired, or

(d) do not speak English as their first language,

are able to understand their entitlements under the code.’

This new clause seeks to ensure that the victims’ code is accessible to all victims and associated services.

New clause 8—Access to services for victims with no recourse to public funds—

‘(1) Notwithstanding the provisions of any other enactment, a victim of domestic abuse who—

(a) has leave to enter or remain in the United Kingdom which is subject to a condition that they do not have recourse to public funds,

(b) requires leave to enter or remain in the United Kingdom but does not have it,

(c) has leave to enter or remain in the United Kingdom given as a result of a maintenance undertaking,

is entitled to be provided with services in accordance with the victims’ code.

(2) The Secretary of State may by regulations make provision that is consequential on this section.

(3) For the purposes of this section—

“domestic abuse” has the same meaning as in section 1 of the Domestic Abuse Act 2020;

“victim” has the meaning given by section 1 of this Act.’

This new clause would ensure that victims of domestic abuse who do not have recourse to public funds are still entitled to be provided with services in accordance with the victims’ code.

New clause 9—Meaning of “honour-based abuse” —

‘(1) The Secretary of State must by regulations made by statutory instrument define the meaning of “honour-based abuse” for the purposes of section 1.

(2) Before making regulations under this section, the Secretary of State must carry out a consultation about—

(a) what conduct should amount to “honour-based abuse” for the purposes of section 1, and

(b) any definition of the meaning of “honour-based abuse” proposed by the Secretary of State.

(3) In carrying out a consultation under subsection (2), the Secretary of State must consult—

(a) organisations that appear to the Secretary of State to represent those who have an interest in the meaning of “honour-based abuse” for the purposes of section 1;

(b) any other persons that the Secretary of State considers appropriate.

(4) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.’

New clause 10—Sewage Illness Victim Compensation Scheme—

‘(1) The Secretary of State must by regulations provide for a compensation scheme for victims who have suffered harm as a direct result of criminal conduct in relation to sewage and waste water.

(2) Regulations under subsection (1) must—

(a) provide for the payment of compensation to people who have become unwell as a result of bathing in water contaminated by sewage,

(b) make provision in relation to the medical evidence required to support a claim for compensation under the regulations.

(3) Regulations under this section may not be made unless a draft of the instrument has been laid before and approved by resolution of each House of Parliament.’

New clause 13—Duty to co-operate with Commissioner for Victims and Witnesses—

‘(1) The Commissioner may request a specified public authority to co-operate with the Commissioner in any way that the Commissioner considers necessary for the purposes of monitoring compliance with the victims’ code.

(2) A specified public authority must, so far as reasonably practicable, comply with a request made to it under this section.

(3) In this section “specified public authority” means any of the following—

(a) a criminal justice body, as defined by subsection 6(6),

(b) the Parole Board,

(c) an elected local policing body,

(d) the British Transport Police Force,

(e) the Ministry of Defence Police.

(4) The Secretary of State may by regulations amend this section so as to—

(a) add a public authority as a specified public authority for the purposes of this section;

(b) remove a public authority added by virtue of paragraph (a);

(c) vary any description of a public authority.

(5) Before making regulations under subsection (4) the Secretary of State must consult the Commissioner for Victims and Witnesses.

(6) A statutory instrument containing regulations under subsection (4) may not be made unless a draft of the instrument has been laid before and approved by resolution of each House of Parliament.’

This new clause would place a duty on specified public authorities to co-operate with the Commissioner for Victims and Witnesses.

New clause 14—Major incidents: duty of candour—

‘(1) In discharging their duties in relation to a major incident, public authorities and public servants and officials must at all times act within their powers—

(a) in the public interest, and

(b) with transparency, candour and frankness.

(2) If a major incident results in a court proceeding, official inquiry or investigation, public authorities and public servants and officials have a duty to assist—

(a) relating to their own activities, or

(b) where their acts or omissions may be relevant.

(3) In discharging the duty under subsection (2), public authorities and public servants and officials shall—

(a) act with proper expedition;

(b) act with transparency, candour and frankness,

(c) act without favour to their own position,

(d) make full disclosure of relevant documents, material and facts,

(e) set out their position on the relevant matters at the outset of the proceedings, inquiry or investigation, and

(f) provide further information and clarification as ordered by a court or inquiry.

(4) In discharging their duty under subsection (2), public authorities and public servants and officials shall have regard to the pleadings, allegations, terms of reference and parameters of the relevant proceedings, inquiry or investigation but shall not be limited by them, in particular where they hold information which might change the ambit of the said proceedings, inquiry or investigation.

(5) The duties in subsections (1) and (2) shall—

(a) be read subject to existing laws relating to privacy, data protection and national security,

(b) apply in a qualified way with respect to private law and non-public functions as set out in subsection (6), and

(c) not be limited by any issue of insurance indemnity.

(6) The duties in subsections (1) and (2) shall be enforceable by application to the relevant court or inquiry chairperson by any person affected by the alleged breach, or the court or inquiry may act of its own motion. Where there are no extant court or inquiry proceedings, the duties may be enforced by judicial review proceedings in the High Court.’

This new clause would require public authorities and public servants and officials to act in the public interest and with transparency, candour and frankness when carrying out their duties in relation to major incidents.

New clause 15—Referral of release decisions to the Court of Appeal: life prisoners—

‘After section 32ZA of the Crime (Sentences) Act 1997 insert—

“Referral of release decisions to Court of Appeal

327ZAA Referral of release decisions to Court of Appeal

(1) This section applies where—

(a) a prisoner is serving a life sentence imposed in respect of an offence specified or described in section 32ZAB (the “relevant sentence”),

(b) the Parole Board is required to make a public protection decision about the prisoner under section 28(6)(b) or 32(5A), and

(c) the public protection decision relates to the relevant sentence.

(2) Where the Parole Board has made a decision in a case to which this section applies—

(a) the Secretary of State may refer the decision to the criminal division of the Court of Appeal, or

(b) a victim may apply to the Secretary of State to request that the prisoner’s case be referred to the criminal division of the Court of Appeal.

(3) Within [30 days] of an application being made under paragraph (2)(b), the Secretary of State must—

(a) exercise the power under subsection (2)(a) and refer the prisoner’s case to the criminal division of the Court of Appeal, or

(b) provide to the victim a written statement explaining why they have decided not to exercise that power.

(4) This section applies in relation to a prisoner whose sentence was imposed before, as well as after, this section comes into force.

(5) But nothing in this section affects the duty of the Secretary of State to release a prisoner whose release has been directed by the Parole Board before this section comes into force.

(6) In this section, “public protection decision” has the meaning given by section 28ZA(2).

327ZAB Offences for purposes of Court of Appeal referral

(1) The offences specified or described in this section (for the purposes of section 32ZAA) are—

(a) murder;

(b) manslaughter;

(c) an offence under section 5 of the Domestic Violence, Crime 10 and Victims Act 2004, where a child has died as a result of the prisoner’s unlawful act;

(d) an offence specified in any of paragraphs 41 to 43 of Schedule 18 to the Sentencing Code (specified terrorism offences other than inchoate offences);

(e) an offence that is not an inchoate offence and was determined to have a terrorist connection, within the meaning given by section 247A(7A) of the Criminal Justice Act 2003;

(f) an offence under section 1 of the Sexual Offences Act 2003 (rape);

(g) an offence under section 5 of that Act (rape of a child under 13);

(h) an offence under section 6 of that Act (assault of a child under 13 by penetration);

(i) an offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual activity);

(j) an offence under section 47 of that Act (paying for sexual services of a child) against a person aged under 16;

(k) an offence under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9) (rape);

(l) an offence under section 18 of that Act (rape of a young child);

(m) an offence under section 19 of that Act (sexual assault on a young child by penetration);

(n) an offence under section 20 of that Act (sexual assault on a young child);

(o) an offence under section 21 of that Act (causing a young child to participate in a sexual activity);

(p) an offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) (rape);

(q) an offence under Article 12 of that Order (rape of a child under 13);

(r) an offence under Article 13 of that Order (assault of a child under 13 by penetration);

(s) an offence under Article 15 of that Order (causing or inciting a child under 13 to engage in sexual activity);

(t) an offence that—

(i) is abolished, and

(ii) would have constituted an offence referred to in paragraphs (a) to (s) if committed on or after the date on which it was abolished.

(2) A sentence in respect of a service offence is to be treated for the 35 purposes of section 32ZAA as if it were a sentence in respect of the corresponding offence.

(3) In subsection (2)—

(a) “service offence” means an offence under—

(i) section 42 of the Armed Forces Act 2006,

(ii) section 70 of the Army Act 1955 or the Air Force Act 1955, or

(iii) section 42 of the Naval Discipline Act 1957;

(b) “corresponding offence” means—

(i) in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section;

(ii) in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act;

(iii) in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section.

327ZAC Powers of the Court of Appeal

(1) On a referral of a prisoner’s case under section 32ZAA, the Court of Appeal may—

(a) direct the Secretary of State to release the prisoner on licence as soon as is reasonably practicable in all the circumstances including, in particular, the need to make arrangements in connection with any conditions that are to be included in the licence, or

(b) decide that the prisoner should remain confined and direct the Secretary of State accordingly.

(2) In making a decision under subsection (1), the Court of Appeal must have regard to whether there is no more than a minimal risk that, were the prisoner no longer confined, the prisoner would commit a further offence the commission of which would cause serious harm.

(2A) In making a decision under subsection (1), the Court of Appeal must consider—

(a) any statement made by the Parole Board as to the reasons for its decision,

(b) the evidence considered by the Parole Board in reaching its decision,

(c) any representations made to the Parole Board by the Secretary of State, by a victim, or on behalf of the prisoner,

(d) any transcript made of a Parole Board hearing in respect of the case.

(3) No judge shall sit as a member of the Court of Appeal on the hearing of a reference under this section in respect of a sentence they passed.”’

New clause 16—Referral of release decisions to the Court of Appeal: fixed-term prisoners—

‘(1) After section 256AZB of the Criminal Justice Act 2003 insert—

Referral of release decisions to the Court of Appeal

256AZBA Referral of release decisions to the Court of Appeal

(1) This section applies where—

(a) a prisoner is serving a fixed-term sentence imposed in respect of an offence specified or described in section 256AZBB (the “relevant sentence”),

(b) the Board is required to make a public protection decision about the prisoner under a relevant provision of this Chapter, and

(c) the public protection decision relates to the relevant sentence.

(2) Where the Parole Board has made a decision in a case to which this section applies—

(a) the Secretary of State may refer the decision to the criminal division of the Court of Appeal, or

(b) a victim may apply to the Secretary of State to request that the prisoner’s case be referred to the criminal division of the Court of Appeal.

(3) Within [30 days] of an application being made under paragraph (2)(b), the Secretary of State must—

(a) exercise the power under subsection (2)(a) and refer the prisoner’s case to the criminal division of the Court of Appeal, or

(b) provide to the victim a written statement explaining why they have decided not to exercise that power.

(4) This section applies in relation to a prisoner whose sentence was imposed before, as well as after, this section comes into force.

(5) But nothing in this section affects the duty of the Secretary of State to release a prisoner whose release has been directed by the Parole Board before this section comes into force.

(6) In this section—

“corresponding power of direction” , in relation to a relevant provision, is the power of the Board to direct the Secretary of State to release the prisoner, for the purposes of which the public protection decision is made (see section 237B);

“public protection decision” has the meaning given by section 237A(2);

“relevant provision” has the meaning given by section 237B.

256AZBB Offences for the purpose of Court of Appeal referral

(1) The offences specified or described in this section (for the purposes of section 256AZBA) are—

(a) manslaughter;

(b) an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004, where a child has died as a result of the prisoner’s unlawful act;

(c) an offence specified in any of paragraphs 41 to 43 of Schedule 18 to the Sentencing Code (specified terrorism offences other than inchoate offences);

(d) an offence that is not an inchoate offence and was determined to have a terrorist connection, within the meaning given by section 247A(7A);

(e) an offence under section 1 of the Sexual Offences Act 2003 (rape);

(f) an offence under section 5 of that Act (rape of a child under 13);

(g) an offence under sections 6 to 51 of that Act;

(h) an offence under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9) (rape);

(i) an offence under section 18 of that Act (rape of a young child);

(j) an offence under sections 2 to 11 of that Act against a mentally disordered person, as defined by section 17 of that Act;

(k) an offence under Part 4 or Part 5 of that Act;

(l) an offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) (rape);

(m) an offence under Article 12 of that Order (rape of a child under 13);

(n) an offence under Part 3 or Part 4 of that Order;

(p) an offence that—

(i) is abolished, and

(ii) would have constituted an offence referred to in paragraphs (a) to (o) if committed on or after the date on which it was abolished.

(2) A sentence in respect of a service offence is to be treated for the purposes of section 256AZBA as if it were a sentence in respect of the corresponding offence.

(3) In subsection (2)—

(a) “service offence” means an offence under—

(i) section 42 of the Armed Forces Act 2006,

(ii) section 70 of the Army Act 1955 or the Air Force Act 1955, or

(iii) section 42 of the Naval Discipline Act 1957;

(b) “corresponding offence” means—

(i) in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section;

(ii) in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act;

(iii) in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section.

256AZBC Powers of the Court of Appeal

(1) On a referral of a prisoner’s case under section 256AZBA, the Court of Appeal may—

(a) direct the Secretary of State to release the prisoner on licence as soon as is reasonably practicable in all the circumstances including, in particular, the need to make arrangements in connection with any conditions that are to be included in the licence, or

(b) decide that the prisoner should remain confined and direct the Secretary of State accordingly.

(2) In making a decision under subsection (1), the Court of Appeal must have regard to whether there is no more than a minimal risk that, were the prisoner no longer confined, the prisoner would commit a further offence the commission of which would cause serious harm.

(3) In making a decision under subsection (1), the Court of Appeal must consider—

(a) any statement made by the Parole Board as to the reasons for its decision,

(b) the evidence considered by the Parole Board in reaching its decision,

(c) any representations made to the Parole Board by the Secretary of State, by a victim, or on behalf of the prisoner,

(d) any transcript made of a Parole Board hearing in respect of the case.

(4) No judge shall sit as a member of the Court of Appeal on the hearing of a reference under this section in respect of a sentence they passed.”’

New clause 17—Monitoring compliance—

‘(1) All agencies with responsibilities under the victims’ code have a duty to monitor and report how relevant services are provided in accordance with the victims’ code.

(2) In accordance with the duty in subsection (1), the agencies must provide an annual report to the Secretary of State on their assessment of their compliance with the code.

(3) The Secretary of State must make an annual statement to the House of Commons on the delivery of services provided in accordance with the victims’ code.’

This new clause would place a duty on the Secretary of State to make an annual statement on compliance with the victims’ code.

New clause 18—Compliance with the code: threshold levels—

‘(1) The Secretary of State must, by regulations, issue minimum threshold levels of compliance with each right of the victims’ code.

(2) If a minimum threshold is breached by an organisation in a particular area, the Secretary of State must commission an inspection of that body with regard to that breach.

(3) The Secretary of State must, as soon as is reasonably practicable, lay before Parliament the report of any such inspection.’

This new clause would require the Secretary of State to set minimum threshold levels of compliance with each right of the victims’ code.

New clause 19—Non-disclosure of victims’ counselling records (No. 2)—

‘(1) Subsection (3) of this clause applies where—

(a) in connection with any criminal investigation, access to records of a victim’s protected confidence in a counselling setting is sought (whether pre- or post-charge), or

(b) in any criminal proceedings records containing a protected confidence are to be served as evidence or disclosed by the prosecution to the defendant.

(2) In this section—

“protected confidence” means a communication made by a person in confidence to another person when the confidant was acting in a professional capacity providing counselling, psychological or mental health services;

“victim” has the same meaning as in section 1 of this Act.

(3) Permission for access to, service or disclosure of records containing a protected confidence may only be granted by the court.

(4) The court must direct that access should not be granted, or evidence should not be served or disclosed, if the court finds that doing so would disclose a protected confidence.

(5) Subsection (4) does not apply if the court finds—

(a) that the information is of substantial probative value, and

(b) that the public interest in disclosure substantially outweighs that of non-disclosure.

(6) In making a determination under subsection (5)(b), the court must take into account—

(a) the need to encourage victims of sexual offences to seek counselling,

(b) that the effectiveness of counselling is likely to be dependent on the maintenance of the confidentiality of the counselling relationship,

(c) the public interest in ensuring that victims of sexual offences receive effective counselling,

(d) that the disclosure of the protected confidence is likely to damage or undermine the relationship between the counsellor and the counselled person,

(e) whether disclosure of the protected confidence is sought on the basis of a discriminatory belief or bias, or

(f) that the adducing of the evidence is likely to infringe a reasonable expectation of privacy.’

New clause 27—Compensation for victims of the infected blood scandal (No. 2)—

‘(1) In accordance with section 2(3C), the Secretary of State must, within three months of the passing of this Act, establish a body to administer the compensation scheme for victims of the infected blood scandal.

(2) The body created under this section must be chaired by a judge of High Court or Court of Session with status as sole decision maker.

(3) In exercising its functions, the body must—

(a) have regard to the need of applicants for speed of provision, simplicity or process, accessibility, involvement, proactive support, fairness and efficiency;

(b) involve potentially eligible persons and their representatives amongst those in a small advisory board, and in the review and improvement of the scheme;

(c) permit the hearing of applicants in person; and

(d) have an independent appeal body which will reconsider decisions of the scheme referred to it.

(4) The Secretary of State may by regulations make further provision about the body established under this section.

(5) For the purposes of this Act, a victim of the infected blood scandal means any infected or affected person whom the Second Interim Report of the Infected Blood Inquiry, as laid before Parliament on 19 April 2023, recommends should be admitted to a compensation scheme.

(6) This section comes into force on the day on which this Act is passed.’

New clause 28—Report on impact on victims of the UK’s reservation in respect of Article 59 of the Istanbul Convention—

‘(1) Within six months of the passing of this Act, the Secretary of State must lay before Parliament a report containing an assessment of the impact on victims of the UK’s reservation in respect of Article 59 of the Council of Europe Convention on preventing and combating violence against women and domestic violence (“the Istanbul Convention”).

(2) The report laid under subsection (1) must contain—

(a) an assessment of the impact on victims of domestic abuse,

(b) an assessment of the impact on the children of such victims, and

(c) an assessment of the merits of implementing the measures necessary for compliance with article 59 of the Istanbul Convention.’

New clause 29—Mandatory training—

‘(1) The Secretary of State must by regulations require certain police officers and employees of the Crown Prosecution Service to receive training in respect of violence against women and girls.

(2) Regulations under subsection (1) must—

(a) make provision about the content of mandatory training, including training on the impact of trauma on victims of violence against women and girls, and

(b) make provision about the persons for whom this training is mandatory.

(3) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.’

New clause 30—Victims of specified offences: data-sharing for immigration purposes—

‘(1) The Secretary of State must make arrangements for ensuring that the personal data of a victim of a crime as specified in subsection (3), that is processed for the purpose of that person requesting or receiving support or assistance related to the crime, is not used for any immigration control purpose without the consent of that person.

(2) The Secretary of State must make arrangements for ensuring that the personal data of a witness to a crime as specified in subsection (3), that is processed for the purpose of that person giving information or evidence to assist the investigation or prosecution of the crime, is not used for any immigration control purpose without the consent of that person.

(3) The crimes referred to in subsections (1) and (2) are–

(a) domestic abuse as defined by section 1 of the Domestic Abuse Act 2021,

(b) an offence under any of sections 2, 2A, 4 or 4A of the Protection from Harassment Act 1997 or section 42A (1) of the Criminal Justice and Police Act 2001,

(c) an offence under any of sections 1, 2 or 4 of the Modern Slavery Act 2015,

(d) an offence under Part 1 of the Sexual Offences Act 2003, or

(e) such other offences as may be specified in regulations made by the Secretary of State.

(4) Paragraph 4 of Schedule 2 to the Data Protection Act 2018 shall not apply to personal data processed for the purposes of subsection (1) or (2).

(5) For the purposes of this section, the Secretary of State must issue guidance to those persons mentioned in subsection (10) about the effect of subsections (1) and (2).

(6) The Secretary of State may from time to time revise any guidance issued under this section.

(7) Before issuing or revising guidance under this subsection, the Secretary of State must consult–

(a) the Domestic Abuse Commissioner,

(b) the Victims’ Commissioner,

(c) the Independent Anti-Slavery Commissioner, and

(d) such other persons as the Secretary of State considers appropriate.

(8) Subsection (7) does not apply in relation to any revisions of the guidance issued under this section if the Secretary of State considers the proposed revisions of the guidance are insubstantial.

(9) The Secretary of State must publish–

(a) any guidance issued under this section, and

(b) any revisions of that guidance.

(10) The persons mentioned in subsection (5) are—

(a) persons who are victims of or witnesses to the crimes in subsection (3),

(b) persons from whom support or assistance may be requested or received by a victim of crime in England and Wales,

(c) persons providing support to, or conducting investigations or prosecutions with the support of, witnesses of crime in England and Wales,

(d) persons exercising any function of the Secretary of State in relation to immigration, asylum or nationality and,

(e) persons exercising any function conferred by or by virtue of the Immigration Acts on an immigration officer.

(11) A person exercising public functions to whom guidance issued under this section relates must have regard to it in the exercise of those functions.

(12) For the purposes of this section–

“consent” means a freely given, specific, informed and unambiguous indication of the individual’s wishes by which the individual, by a statement, signifies agreement to the processing of the personal data;

“immigration control” means the exercise of any functions of the Secretary of State and of immigration officers under the Immigration Acts within the meaning of section 61 of the UK Borders Act 2007;

“support or assistance” includes the provision of accommodation, banking services, education, employment, financial or social assistance, healthcare and policing services and any function of a court or prosecuting authority;

“victim”, in relation to a crime, means the particular person who appears to have been affected by the crime, and their dependent, where that dependent is also affected by the crime.’

New clause 31—Duty to notify school safeguarding lead of domestic abuse incident—

‘(1) The police must notify the designated safeguarding lead or officer of a child’s school of any incident that meets the criteria in subsection (2).

(2) Those criteria are that—

(a) the police have attended an incident of domestic abuse, and

(b) the child is a child of an adult party involved in the incident.

(3) A notification under this section must occur before the start of the next school day following the incident.

(4) In this section, “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021.’

New clause 32—Victims’ rights in relation to data—

‘(1) The UK GDPR is amended as follows.

(2) In Article 21 (right to object), after paragraph 1, insert—

“(1A) The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her, or a third party where that party is a child for whom they have parental responsibility, which is based on points (a) to (f) of Article 6(1), including profiling based on those provisions, if exceptional circumstances apply

(1B) The exceptional circumstances mentioned in paragraph 1B are—

(a) that the processing of the data was connected to, or reliant upon, conduct which could reasonably be suspected to constitute a criminal offence, or

(b) that the processing of the data was connected to, or reliant upon, conduct which could reasonably be considered as being intended to cause harassment, alarm or distress to the data subject or another living individual.

(1C) The Secretary of State may by regulations subject to the affirmative resolution procedure prescribe other exceptional circumstances where the right to object mentioned in paragraph 1A applies.”

(3) In Article 17 (right to erasure (“right to be forgotten”)), after paragraph 1(c), insert—

(ca) the data subject objects to the processing pursuant to Article 21(1A).”’

This new clause would allow victims of third party harassment to request the deletion of any personal data which was gathered or held as part of activity which could be considered criminal conduct – preventing third party reporting from causing ongoing distress to victims.

New clause 33—Commissioner for Victims: enforcement of victims’ code—

‘(1) The Commissioner for Victims (“the Commissioner”) may investigate a complaint that a person to whom the code of practice under subsection 2(1) of this Act applies has failed to carry out their duties under the victims’ code.

(2) Where the Commissioner upholds a complaint under subsection (1), the Commissioner may—

(a) recommend action to rectify the breach of the victims’ code, or

(b) impose a fine on the person who has failed to comply with the victims’ code.

(3) The Secretary of State may by regulations make further provision in connection with this section.’

New clause 34—Funding for domestic abuse services: review—

‘(1) The Secretary of State must, within 3 months of this Act being passed, conduct a review into the level of funding and provision for domestic abuse services.

(2) The review must, in particular, consider—

(a) counselling and advocacy services, and

(b) refuges in the UK.

(3) Upon completion of the review, the Secretary of State must publish and lay before Parliament a report setting out—

(a) the findings of the review, and

(b) the action that the Secretary of State proposes to take in response to the review.’

New clause 35—Experiences of victims of domestic abuse in the criminal justice system: review—

‘(1) The Secretary of State must, within 3 months of this Act being passed, conduct a review into the experiences of victims of domestic abuse in the criminal justice system.

(2) The review must consult, in particular—

(a) victims of domestic abuse who have been through the criminal justice system, specifically ensuring that views are sought from women with protected characteristics, and

(b) organisations, both inside and outside of the criminal justice system, who represent victims of domestic abuse.

(3) Upon completion of the review, the Secretary of State must publish and lay before Parliament a report setting out—

(a) the findings of the review, and

(b) the action that the Secretary of State proposes to take in response to the review.’

New clause 36—Data collection in relation to children of prisoners—

‘The Secretary of State must collect and publish annual data identifying—

(a) how many prisoners are the primary carers of a child,

(b) how many children have a primary carer who is a prisoner, and

(c) the ages of those children.’

New clause 38—Free independent legal advocates for rape victims—

‘(1) The Secretary of State must develop proposals for a scheme to give victims of rape access to free, independent legal advocates available in every police force area in England and Wales.

(2) For the purposes of this section—

“independent legal advocate for rape victims” means a person who is a qualified solicitor, with experience working with vulnerable people, who provides appropriate legal advice and representation to individuals who are victims of criminal conduct which constitutes rape.’

New clause 39—Duty to inform victims and families of the Unduly Lenient Sentencing Scheme—

‘(1) The Criminal Justice Act 1988 is amended as follows.

(2) After section 36, insert—

“36A Duty to inform victims and families of the Unduly Lenient Sentencing Scheme

(1) The Secretary of State must nominate a Government Department (“relevant body”) to inform victims and their families of their rights under the Unduly Lenient Sentencing Scheme, and such information must include the type of sentence and the time limit for application, and advise that applications must be made to the Attorney General.”’

New clause 40—Unduly lenient sentences: time limit—

‘(1) The Criminal Justice Act 1988 is amended as follows.

(2) In Schedule 3, paragraph 1, at end insert “, subject to paragraph 1A.”

“(1A) The time limit of 28 days shall be extended in exceptional circumstances, where the relevant body has failed to inform the victim and families of their rights under the Unduly Lenient Sentencing Scheme.”’

New clause 41—Independent legal advice and representation for victims of rape and sexual assault—

‘(1) The Secretary of State must establish a Sexual Violence Complainants’ Advocate scheme (“the scheme”).

(2) The scheme must provide free legal advice and representation to victims of rape and sexual offences in England and Wales.

(3) The scheme must—

(a) provide legal advice to victims in relation to requests for access to their personal data;

(b) provide victims with advice on their rights under the Victims’ Right to Review scheme, and assist them with making requests under that scheme;

(c) provide legal advice to victims in relation to sexual history applications under section 41 of the Youth Justice and Criminal Evidence Act 1999

(d) provide legal advice to victims in relation to complaints made to justice agencies

(e) provide legal advice to assist victims to negotiate fully informed consent to access to their personal data; or

(f) subject to subsection (4), provide legal representation of victims in relation to the police, prosecutors, or court, where that representation is necessary to prevent irrelevant or excessive material being accessed.

(4) Section 3(f) is limited to those circumstances in which a complainant has rights of audience, including hearings on disclosure of third-party materials where a court chooses to invite participation by a complainant under Criminal Procedure Rules 17.4-17.6

(5) The Secretary of State may by regulations make further provision about the scheme”’

New clause 42—Statement on report of Infected Blood Inquiry—

‘(1) Within 25 sitting days of the publication of the final report of the Infected Blood Inquiry, the Secretary of State must make an oral statement to the House of Commons responding in full to the recommendations of the report, including—

(a) how victims of the infected blood scandal will be able to access compensation, and

(b) what steps will be taken to establish a body to administer the compensation scheme.

(2) In this section, ‘sitting days’ means days on which the House of Commons sits.’

New clause 43—Victims of major incidents: registration of death—

‘(1) The Secretary of State must by regulations make provision for a relative to provide information in the connection with the registration of the death of a person who was a victim of a major incident, even if an investigation is conducted under Part 1 of the Coroners and Justice Act 2009.

(2) Regulations under this section must—

(a) amend form 13 in Schedule 2 of the Registration of Births and Deaths Regulations 1987 as follows—

(i) add an additional section, entitled “victims of major incidents”, to include the name, qualification and usual address of the relative,

(ii) provide for the signature of the relative to be given under the statement “I certify that the particulars given by me above are true to the best of my knowledge and belief”, and

(b) provide that the relative may provide these details during the five day period beginning with the day on which a registrar completes the form.

(3) The Secretary of State may by regulations make further provision consequential on this section.

(4) The power to make regulations under subsection (3) may (among other things) be exercised by modifying any provision made by or under an enactment.’

This new clause would enable a relative of a person who has died in a major incident to have their details included in the registration of the person’s death.

Amendment 160, page 1, line 7, at end insert—

“(aa) witnessing criminal conduct,

(ab) having subsequent responsibility for care because of criminal conduct,

(ac) experiencing vicarious harm due to criminal conduct.”

Amendment 1, page 1, line 16, at end insert—

“(e) where a person has entered into a non-disclosure agreement that has the effect of preventing that person from speaking about behaviour that may be criminal misconduct.”

Amendment 2, page 1, line 16, at end insert—

“(e) where the person has experienced, or made allegations that they have experienced—

(i) sexual abuse, sexual harassment or sexual misconduct, or

(ii) bullying or harassment not falling within paragraph (i).”

Amendment 5, page 1, line 16, at end insert—

“(e) where the person has experienced adult sexual exploitation.”

Amendment 7, page 1, line 16, at end insert—

“(e) where the person is the child of a person posing sexual risk to children.”

This amendment would include children of a person posing a sexual risk to children (that is, paedophiles (including perpetrators of offences online), suspects or offenders) as victims.

Amendment 27, page 1, line 16, at end insert—

“(e) where the person is a victim of honour-based abuse (see section [Meaning of “honour-based abuse”]).”

Amendment 28, page 1, line 16, at end insert—

“(e) where the person has suffered harm as a direct result of criminal conduct in relation to sewage and waste water”

Amendment 33, page 1, line 16, at end insert—

“(e) where the person has experienced anti-social behaviour, as defined by section 2 of the Anti-social Behaviour Act 2014, and the conditions necessary for an ASB case review under section 104 of that Act have been met.”

This amendment would include victims of anti-social behaviour in the definition of a victim.

Amendment 144, page 1, line 16, at end insert—

“(e) where the person is a victim of the infected blood scandal, as defined in section (Compensation for victims of the infected blood scandal)(5) of this Act.”

Amendment 147, page 1, Line 16, at end insert—

“(e) where the person has suffered significant harm as a result of, and knows or knew of any other victim of, criminal conduct.”

This amendment would include those who suffer from vicarious trauma after a crime in the scope of the Victims Code.

Amendment 157, page 1, line 16, at end insert—

“(e) where the person has experienced child criminal exploitation;”.

This amendment would include victims of child criminal exploitation in the definition of a victim.

Amendment 148, page 1, Line 16, at end insert—

“(3A) For the purposes of this section, it does not matter whether the criminal conduct happened within the United Kingdom or elsewhere.”

This amendment would explicitly require that victims do not miss out on support as a result of the crime affecting them being carried out outside the UK.

Government amendment 34.

Amendment 8, page 2, line 5, after “that” insert—

“no report of the conduct has been made to a criminal justice body and that”.

This amendment aims to ensure that a person could meet the definition of a victim without needing to make a report to a criminal justice body.

Amendment 6, page 2, line 6, at end insert—

“(c) “adult sexual exploitation” means conduct by which a person manipulates, deceives, coerces or controls another person to undertake sexual activity.”

This amendment creates a statutory definition of adult sexual exploitation.

Amendment 158, page 2, line 6, at end insert—

“(c) “child criminal exploitation” means conduct by which a person manipulates, deceives, coerces or controls a person under 18 to undertake activity which constitutes a criminal offence;”.

This amendment provides a definition for the term “child criminal exploitation”.

Amendment 9, in clause 2, page 2, line 18, leave out paragraph (a) and insert—

“(a) should be provided with information from all state agencies with responsibilities under the victims’ code, including the NHS, to help them understand the criminal justice process and beyond, including grant of leave or discharge.”

This amendment would extend the principle that victims should be given information about the criminal justice process to explicitly include the NHS, in order to bring mental health tribunal decisions in line with the rest of the criminal justice system.

Amendment 10, page 2, line 19, at end insert—

“in a language or format that they can understand;”.

Amendment 11, page 2, line 23, at end insert—

“and should be provided with appropriate support to communicate these views;”.

Amendment 12, page 2, line 23, at end insert—

“and with all state agencies with responsibilities under the victims’ code, including HMCTS and the NHS when considering leave or discharge;”.

This amendment seeks to ensure that the NHS and HM Courts and Tribunals Service are included when victims have a right to be heard in the justice process, bringing mental health tribunals decisions in line with the rest of the criminal justice system.

Amendment 3, page 2, line 25, at end insert—

“(3A) The victims’ code must make provision in relation to people who have experienced, or made allegations that they have experienced—

(a) sexual abuse, sexual harassment or sexual misconduct, or

(b) bullying or harassment not falling within paragraph (a).

(3B) Provision under subsection (3A) must include—

(a) provision relating to the enforcement of non-disclosure agreements signed by such victims, and

(b) provision about legal advice and other support for such victims in cases where they are asked to sign, or have signed, a non-disclosure agreement.

(3C) In this section—

“non-disclosure agreement” means an agreement which purports to any extent to preclude a victim from—

(a) publishing information about a relevant complaint, or

(b) disclosing information about the relevant complaint to any one or more other persons;

“misconduct” means—

(a) sexual abuse, sexual harassment or sexual misconduct, and

(b) bullying or harassment not falling within paragraph(a);

“relevant complaint” means a complaint relating to misconduct or alleged misconduct by any person.”

This amendment would require the victims’ code to include specific provision for people who have experienced, or made allegations that they have experienced, sexual abuse, sexual harassment or sexual misconduct, or other bullying or harassment.

Amendment 13, page 2, line 25 at end insert—

“(3A) In accordance with subsection (3)(e), the victims’ code must include provision requiring that—

(a) all victims of child sexual abuse, including online-based abuse, are entitled to compensation under the Criminal Injuries Compensation Scheme,

(b) victims with unspent convictions, whose offences are linked to the circumstances of their sexual abuse as a child, are entitled to compensation under the Criminal Injuries Compensation Scheme, and

(c) victims of child sexual abuse may apply for compensation under the Criminal Injuries Compensation Scheme within a 7 year period of whichever of these two dates is the later—

(i) the date the offence was reported to the police, or

(ii) if the offence was reported whilst the victim was a child, the date the victim turned 18.”

This amendment would provide that all victims of child sexual abuse (CSA), including online, are entitled to compensation under the CICS and that those with unspent convictions directly linked to the circumstances of their abuse can access compensation. It would also extend the period by which victims can apply.

Amendment 14, page 2, line 25, at end insert—

“(3A) The victims’ code must—

(a) require criminal justice bodies to take all reasonable steps to identify and record any change of name by a perpetrator, and

(b) require criminal justice bodies to inform a relevant victim when a perpetrator changes their name.

(3B) For the purposes of subsection (3A)—

“perpetrator” means a person whose conduct or alleged conduct results in another person being a victim as defined by section 1 of this Act;

“relevant victim” means a person who becomes a victim as a result of the perpetrator’s conduct.”

This amendment would require criminal justice bodies to monitor name changes of perpetrators and inform victims of any name changes.

Amendment 15, page 2, line 25 at end insert—

“(3A) The victims’ code must make provision about pre-trial therapy for victims, including—

(a) a requirement that all criminal justice agencies inform victims of their right to pre-trial therapy, and

(b) a requirement that the Crown Prosecution Service annually review their pre-trial therapy guidance and its implementation.”

This amendment would include in the victims’ code a requirement to inform all victims of their right to access pre-trial therapy, and require the CPS to annually review the implementation of pre-trial therapy guidance.

Amendment 29, page 2, line 25, at end insert—

“(3A) The victims’ code must make provision about support for victims of burglaries.

(3B) Provision under subsection (3A) must include a requirement that a victim of a burglary must be visited by a police officer.”

Amendment 142, page 2, line 25, at end insert—

“(3A) The victims’ code must include provision requiring that all victims of the infected blood scandal, as defined in section (Compensation for victims of the infected blood scandal)(5) of this Act, are entitled to compensation.

(3B) Subject to subsection (3C), compensation must be administered by a body established for that purpose by the Secretary of State under section (Compensation for victims of the infected blood scandal).

(3C) The Secretary of State must ensure that an interim compensation payment of £100,000 is made within one month of the passing of this Act in the following circumstances—

(a) where an infected victim died as a child or died as an adult without a partner or child, the compensation payment should be made to their bereaved parents (split equally if separated);

(b) where an infected victim has died and there is no bereaved partner but there is a bereaved child or children (including any adopted child), the compensation payment should be paid to the child or children (split equally); and

(c) where an infected victim has died and there is no bereaved partner, child nor parent but there is a bereaved full sibling or siblings, the compensation payment should be paid to the sibling or siblings (split equally).”

Amendment 143, page 2, line 25, at end insert—

“(3A) Within one month of the passing of this Act, the victims’ code must make specific provision for a bespoke psychological service in England for victims of the infected blood scandal, as defined in section (Compensation for victims of the infected blood scandal)(5) of this Act.”

Amendment 146, page 2, line 25, at end insert—

“(3A) The victims’ code must include provision about therapy and other support services for victims who are children.

(3B) Provision under subsection (3A) must include—

(a) a requirement that support must be provided to such victims within one month of a request for support being made,

(b) provision relating to the types of support to which such victims are entitled,

(c) minimum standards for the quality of support to which such victims are entitled,

(d) a requirement that support should be available to such victims—

(i) throughout the criminal justice process, and

(ii) after that process has been completed.”

Amendment 159, page 2, line 25, at end insert—

“(3A) The victims’ code must provide that, where a victim has signed a non-disclosure agreement relating to criminal conduct to which they have been subjected, nothing in that agreement may prevent them from accessing services to which they are entitled under the code.”

Amendment 26, page 2, line 34, at end insert—

“(5A) Regulations under subsection (4) must make provision for a person to be able to obtain free of charge, on request, a transcript of a trial in which the person was involved as a victim.”

Amendment 156, in clause 6, page 4, line 38, at end insert—

“(1A) The Secretary of State must publish and implement, in consultation with the Commissioner for Victims and Witnesses, a strategy for providing training on the impact of crime on victims and on victims’ rights for relevant staff of the following organisations—

(a) the Police

(b) the Crown Prosecution Service;

(c) probation services;

(d) the Foreign and Commonwealth Office;

(e) health and social services;

(f) victim support services

(g) maintained and independent schools and colleges of further education; and

(h) such other bodies as the Secretary of State deems appropriate.

(1B) The Secretary of State must review and update the strategy published under subsection (1A) every three years.”

Government amendments 35 to 46.

Amendment 4, in clause 12, page 10, line 22, at end insert “(d) stalking.”

Amendment 16, page 10, line 22, at end insert “(d) modern slavery.”

This amendment would extend the duty to collaborate to include victim support services for victims of modern slavery.

Government amendment 47.

Amendment 149, page 10, line 40, at end insert—

“(10) For the purposes of this section, the relevant authorities for a police area, as defined in subsection (2), must together conduct a joint strategic needs assessment.

(11) The Secretary of State must provide a National Statement every three years on support for victims of domestic abuse and sexual violence, including—

(a) volume of provision at the time at which the National Statement is provided,

(b) levels of need, including a breakdown of demographics, including victims with protected characteristics, and

(c) levels of investment in services.

(12) In preparing a National Statement under subsection (11), the Secretary of State must have regard to the joint strategic needs assessments prepared under subsection 10.

(13) The Secretary of State must ensure that sufficient funding is provided annually to ensure that the relevant authorities, as defined in subsection (2), are able to commission relevant victim support services, as defined in subsection (4).

(14) The Secretary of State must provide sufficient funding to enable ‘by and for’ services to deliver services to, and to increase the capacity for delivering services to, victims of domestic abuse and sexual violence.

(15) In this section, “’by and for’ services” means services which—

(a) are designed for and delivered by those that share the same protected characteristic(s) as the victims they are intended to serve, and

(b) provide services to Black and minority ethnic, LGBT+, deaf or disabled victims and survivors of domestic abuse.

(16) The Secretary of State must issue guidance in relation to this section about—

(a) the production of Joint Strategic Needs Assessments by the relevant authorities,

(b) the identification of victims’ need and of gaps in provision by the National Statement,

(c) the principles which must be followed in the application and allocation of funding,

(d) the conditions under which “by and for” organisations that do not have specialism in domestic abuse service provision may be eligible to apply for funding.

(17) In preparing guidance under subsection (16), the Secretary of State must consult—

(a) “by and for” organisations working with victims of domestic abuse and of violence against women and girls,

(b) the Domestic Abuse Commissioner,

(c) the Commissioner for Victims,

(d) the Children’s Commissioner.”

Government amendments 48 to 52.

Amendment 155, in clause 15, page 12, line 3, leave out “Secretary of State” and insert “responsible authority”.

Amendment 17, page 12, line 5, at end insert “(c) independent stalking advocates.”

Amendment 154, page 12, line 5, at end insert—

“(1A) For the purposes of this section, the responsible authority is—

(a) in England, the Secretary of State; and

(b) in Wales, the Welsh Ministers.”

Amendment 19, page 12, line 5, at end insert—

“(c) any other specialist community-based services relevant to the criminal conduct .”

Amendment 18, page 12, line 12, at end insert—

“(c) “independent stalking advocate” means a person who provides a relevant service to individuals who are victims of criminal conduct which constitutes stalking.”

This amendment ensures that the Secretary of State must also provide guidance around stalking advocates, in addition to guidance about ISVAs and IDVAs.

Amendment 20, page 12, line 12, at end insert—

“(c) specialist community-based service” means a person who provides a relevant service to individuals based on a protected characteristics under the Equality Act 2010 or the specific nature of the crime faced by the victim.”

Amendment 21, page 12, line 13, leave out “or (b)” and insert “, (b) or (c)”.

Amendment 22, page 12, line 16, leave out subsection (4) and insert—

“(4) Guidance under this section about service providers under subsection (1) must include provision about—

(a) the role of such providers;

(b) the services they provide to—

(i) victims, including (where relevant) victims who are children or have other protected characteristics, or

(ii) persons who are not victims, where that service is provided in connection with a service provided to a victim;

(c) how such providers and other persons who have functions relating to victims, or any aspect of the criminal justice system, should work together;

(d) appropriate training and qualifications for such providers.”

Government amendment 53.

Amendment 23, page 12, line 28, leave out from beginning to “must” and insert— “The service providers listed in subsection (1)”.

Amendment 24, in clause 22, page 18, line 26, at end insert—

“(d) is satisfied that the victim has been informed of their rights in relation to the request.”

Government amendments 54 to 56.

Amendment 25, page 20, line 23, at end insert—

“(d) including a full statement of the victim’s rights in relation to the request.”

Government amendment 57.

Amendment 145, page 22, line 21, at end insert—

“44F Requirements for training in respect of victim information requests

(1) The Secretary of State must by regulations require certain persons to receive training in respect of victim information requests.

(2) Regulations under subsection (1) must—

(a) require authorised persons to undertake training relating to the making of victim information requests, including on the meaning of “reasonable line of enquiry”,

(b) require certain employees of the Crown Prosecution Service to undertake training in respect of victim information requests, including training in the appropriate use of material obtained through such a request,

(c) require persons who provide services to victims and who may receive victim information requests to undertake training in relation to those requests,

(d) make provision about the content and delivery of the training required.

(3) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Government amendments 58 to 99, 150 and 100.

Amendment 152, page 35, line 28, leave out Clause 36.

Government amendments 101 to 112.

Amendment 153, page 38, line 10, leave out Clause 37.

Government amendments 113 to 135, and 151.

Government motion to transfer Clause 51.

Government amendments 136 to 141.

There is a lot of pressure on speakers for this debate, and I would be grateful if people could be conscious of that, particularly on the Front Benches. I am unlikely to impose a time limit from the start, but it would be helpful if those on the Front Benches also gave some consideration to that.

[Edward Argar]

It is a privilege to open this debate and bring the Bill to the House for Report. This important Bill has been long called for by Members across the House, and in progressing it we are delivering on our manifesto. Its central mission, and indeed that of this Government, is to ensure that victims are not just spectators in a criminal justice system, but are treated as participants in it. Victims tell us that they want to be treated fairly, properly, and with dignity. They want clear, timely, accurate information, and the opportunity and help to make their voice heard. The Bill aims to do just that. It will amplify victims’ voices, ensure that they get the high-quality support they deserve, and make services more joined up better to support them. By putting the overarching principles of the victims code on a statutory footing, we will send a clear signal about the service that victims can expect. We will place a new duty on criminal justice agencies to promote awareness of the code so that victims are better informed. The Bill will also create an independent public advocate to speak up for those involved in major incidents such as the Grenfell or Hillsborough tragedies. It will deliver further safeguards to the parole system to protect the public.

Those are critical reforms, and in the spirit in which we conducted Committee and Second Reading, I take this opportunity to thank the Opposition and all Members for their constructive engagement. Although there may be areas on which we disagree, in some areas we were able to work constructively together. I particularly wish put on record my gratitude to the hon. Member for Rotherham (Sarah Champion) for her determination and engagement with a variety of amendments and issues, and for the depth of that engagement. Even where we were not able to agree, I am grateful for the tone and manner in which the debate has been conducted thus far.

[Mr Toby Perkins (Chesterfield) (Lab)]

The Government are fond of saying that they are getting on with the people’s priorities, however much opinion polls may suggest the opposite. I agree entirely that all parties believe that the Bill is needed, and all parties want to get it on to the statute book. Does the Minister share my concern that the sheer weight of amendments proposed, and the widespread group of people who are saying that a number of people are being missed by this glorious once-in-a-Parliament opportunity, mean that the Government should be much more ambitious about ensuring that more victims get the support they need?

[Edward Argar]

It will not surprise the hon. Gentleman to know that I do not share his characterisation of the Bill. We have sought to draw the definition of those entitled to support under the victims code as widely as possible, keeping it to those who are victims of crime, because that is the nature of the Bill, but not being specific in listing a range of different groups or categories of victims. That is precisely because we want the Bill to be inclusive, rather than inadvertently being too prescriptive and leaving people out, thereby excluding them from services. We have tried to be as broad based as possible in our definition and approach.

To return to that core definition, this is about victims of crime and of criminal acts. To conclude my comments about the tone of the debate, I am grateful to everyone, not just right hon. and hon. Members who have engaged with the Bill, but stakeholders across the criminal justice system, including many charities, campaigners and others. Again, although we may not have always reached the same conclusion, the level of their engagement, and its tone, has been phenomenal and much appreciated, and I think it makes for a better Bill. Indeed, some victims have bravely shared their experiences. It is not easy for someone to share their experience of crime with anyone they do not know, particularly in the context of a much debated Bill, so again, I am grateful to each and every one of them.

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[Sarah Champion (Rotherham) (Lab)]

The Minister is aware of the debate we had around child criminal exploitation. Does he believe that that part of the Criminal Justice Bill could cover that definition?

[Edward Argar]

The point that the hon. Lady raises does not directly relate to antisocial behaviour, because often what she is talking about is criminal in many ways. As I set out in Committee, we believe that where ASB is criminal, it would already be captured under this legislation. I suspect that she may develop that point in her remarks later.

Another area that has been raised, which my right hon. Friend the Member for Basingstoke (Dame Maria Miller) will speak to, is non-disclosure agreements and how they may prevent victims from being able to seek the support they need. I particularly thank her for her constructive engagement on this important topic. I also thank the hon. Member for Oxford West and Abingdon (Layla Moran), although she is not her place. I recognise that non-disclosure agreements are misused if they prevent someone from speaking about what they have experienced, whether it is criminality or equivalent. While this Government recognise that NDAs, also known as confidentiality clauses, can and do serve a valid purpose to protect commercially sensitive information and deliver finality, they should never be used to stop victims of crime getting the support they need. I also note changes in this respect in higher education, if memory serves. I reassure the hon. Lady and my right hon. Friend that we continue to work closely with the Department for Business and Trade, which holds overall policy responsibility for NDAs, to carefully consider how best to address the issues they have raised, including, where appropriate, through legislative options as this legislation progresses.

I will touch on some of the concerns raised by Members that do not require legislation, which we will address by bringing forward non-legislative measures. On code compliance, we will set out a non-legislative notification process that shows clear consequences for non-compliance in guidance. We will publish more detail on that shortly. We will also make updates to the victims code, including adding further information on how victims can access pre-trial therapy and get more timely information about, for example, restorative justice and how victims of crime overseas can access support.

[Elliot Colburn (Carshalton and Wallington) (Con)]

As chair of the all-party parliamentary group on restorative justice, I am grateful to the Minister for giving way. I appreciate that he has said that he does not want to use this Bill as a vehicle to take through legislative changes to access to RJ services, but could he set out in a bit more detail the non-legislative measures that he is planning to bring in to help improve access to restorative justice services for victims?

[Edward Argar]

I am grateful to my hon. Friend for his engagement on this issue. Thanks to his intervention and those of campaigners, and his tireless work to ensure that victims are given the right opportunities to participate in restorative justice, I am pleased today, at the Dispatch Box, to commit to the following changes. I will ensure that our new commissioning guidance for police and crime commissioners due to be published next year will include specific information on restorative justice services so that those responsible for funding services understand these services when considering how best to address local need. I will also consult on a new entitlement in the victims code for victims to be given information about restorative justice services at the point of sentence, rather than the point of reporting, which I appreciate may not be the right time for consideration by either the victims or offenders. I hope that those additional measures will improve awareness and provision of restorative justice, which I recognise can be extremely valuable for victims and offenders in appropriate cases. I am grateful to my hon. Friend for his work in driving forward this change.

[Rachael Maskell (York Central) (Lab/Co-op)]

On the issue of pre-trial therapy, will the Minister be taking on board the recommendations from the Bluestar Project, which has been working to ensure that the victims code is up to date and that pre-trial therapy is readily accessible to all survivors of child sexual abuse?

[Edward Argar]

In respect of pre-trial therapy, and in addition to what I said, we will be bringing forward a revised victims code and consulting on the detail of it. I am happy to look into the specifics of what she proposes, but I do not want to pre-judge that consultation. I appreciate that on some occasions people may think that the consultations are pre-determined, but I want this to be genuine engagement and consultation. I am happy to read anything that she wants to send me, as always.

I also put on record my thanks to the hon. Member for Richmond Park (Sarah Olney) for raising the important issue of court transcripts. I recognise the cost challenge posed by transcription of every aspect of a case, and the full details of the case and all its proceedings. What I am happy to announce today is that, from next spring, we will run a one-year trial pilot that will enable victims of rape and other serious sexual offences to request Crown court sentencing remarks, which contain a summary of the case and the points that have been made, free of charge. We believe that this approach strikes the right balance between supporting victims of these horrific crimes and providing something that is affordable and achievable, and I am grateful to the hon. Lady for her work on this issue.

I thank the hon. Member for Westmorland and Lonsdale (Tim Farron) for his amendments and for raising the issue of criminal conduct relating to sewage and wastewater. Like every Member of the House, I have every sympathy with those who are affected by these offences, and I have made it clear that individuals who have been harmed or impacted by these offences can access support services where the issue for which they are seeking support fits their eligibility. I will say no more than that at the moment, because I want to hear what he says when he speaks to his amendments. I will seek to address them in more detail in my winding-up speech, if that is acceptable to him, because I want to hear what he has to say.

I turn now to part 2 of the Bill, “Victims of Major Incidents,” on which the Government will table a number of amendments relating to the Independent Public Advocate. Before turning to those amendments, I wish to put on the record my thanks for the time and dedication of Bishop James Jones, my right hon. Friend the Member for Maidenhead (Mrs May), the right hon. Lord Wills and, of course, the right hon. Member for Garston and Halewood (Maria Eagle), who is in her place and who has been phenomenally pragmatic throughout the process. While pushing for what she believes to be the right outcome, she has engaged constructively and pragmatically to try to make improvements, and I am very grateful for the way she has done that. In what I am about to say, she will see some of the fruits of what she has done in that space.

We have engaged with victims directly, we have heard from them about what they most need after a major incident, and we have sought to listen. First, we will establish a permanent Independent Public Advocate for victims of major incidents, who is referred to in the Bill as the standing advocate. This standing advocate will advise the Secretary of State on the interests of victims of major incidents and their treatment by public authorities in response to those major incidents. A major incident will still be declared by the Secretary of State, and I appreciate that some have called for the IPA to be self-deploying. However, we do not believe that would necessarily be the most appropriate or sustainable approach. The Secretary of State is accountable to Parliament, is responsible for spending public money, and can be challenged on their decisions in the courts.

Secondly, our amendments will allow the standing advocate to advise relevant Secretaries of State on the appropriate Government review mechanisms following a major incident. These could include a statutory inquiry or a non-statutory panel model, such as the Hillsborough independent model. Such advice can also cover the scope of any review, and the advocate will make representations for the questions to which victims want answers. Crucially, this advice will be informed by the views and needs of victims themselves, and it will place their voice at the heart of the process.

Continuing with the IPA, Government amendments 76 to 82 will introduce significant changes to the advocate’s reporting function and abilities. They will place a duty on the standing advocate to report annually, and confer a discretion on an advocate to report on their own initiative, once appointed, in respect of a major incident. The amendments also make provision for the publication and laying of reports before Parliament.

The amendments will also clarify the grounds on which the Secretary of State can omit material from reports. I am aware that the ability of the Secretary of State to omit material from a report was a cause of concern for some, and I particularly appreciate this given the context of the IPA’s establishment. For the avoidance of doubt, we have carefully considered the feedback and have brought forward measures to be more explicit about when a Secretary of State may omit material, and to be more specific than something simply being in the “public interest”. We have used the Inquiries Act 2005 as our touchstone. The ability to omit material in certain circumstances is vital to ensure that sensitive materials, such as those relating to national security, are protected.

Amendment 64 will ensure that a lead advocate is appointed if more than one advocate is appointed for the same major incident, and I have reflected on the very helpful and constructive feedback from Lord Wills about the importance of having a clear structure in the Bill. Amendments 84 to 86 allow for the disclosure of information by an advocate, where appropriate, to any person exercising functions of a public nature, or by a person exercising functions of a public nature to an advocate, subject to the Data Protection Act 2018. This two-way flow of information is crucial to ensuring that advocates are able to support victims properly.

I want to make it clear that that does not provide the advocates with any data-compelling powers. We expect strong co-operation between public authorities and the advocates, and an advocate can report to the Secretary of State if they believe there has been a lack of co-operation. I appreciate that the right hon. Member for Garston and Halewood may try to nudge me to go a little further, but I note that the Hillsborough independent panel, which was rightly credited with securing disclosure of information that showed that fans were not responsible for the disaster, likewise did not have those data-compelling powers.

The final change that the amendments make is to remove the current restriction in the Bill whereby the advocate could share personal data only with the consent of the data subject. By removing that, the advocate now has greater freedom and can rely on a wider range of legal bases to process personal data, as outlined in data protection legislation.

I want to acknowledge the important issue raised by the Manchester Arena families and the hon. Member for—[Hon. Members: “South Shields.”] I should have known that, because we have met on a number of occasions, although we may have called each other by our first names on those occasions. I am grateful to the hon. Member for South Shields (Mrs Lewell-Buck) and those families for their tireless campaigning. In respect of having a role for the bereaved in the registration of their loved one’s death following an inquest, I will say a little more on this in my closing remarks, once the hon. Lady has had an opportunity to speak to her amendment in the course of this debate, but I want to reassure the House that I am sympathetic and understand what sits behind what the hon. Lady is campaigning for and seeking to do.

I turn to the final part of the Bill, part 3. The measures in respect of parole reforms are designed to protect the public and maintain confidence in the parole system by enabling the Secretary of State to intervene in the release of the most serious offenders. The first duty of any Government is to protect the public, and although the Parole Board has a very good record of assessing risk, this power will give the public additional confidence that when it comes to the release of those who have committed the gravest of crimes, there is an extra safeguard to ensure that prisoners are released only when it is safe to do so and that dangerous offenders remain behind bars.

During the passage of the Bill, I have heard support for that important principle, but I have also heard concerns from parliamentary colleagues and other stakeholders about how the proposed reform will be implemented, and from victims’ representatives about the potential for unnecessary delay in the process. I have therefore tabled amendments that will streamline the process to ensure that cases are dealt with as quickly and efficiently as possible, while still guaranteeing that the Secretary of State retains a power to intervene on behalf of the public whenever necessary to do so.

The amendments mean that instead of Ministers being required to carry out the full assessment as to whether a prisoner meets the release test, which will be an onerous process requiring a full review of hundreds of pages of evidence, only for a prisoner to almost certainly challenge that decision in court, Ministers will now be able to send a case directly to a superior court for a judicial decision. In most cases, it will be the upper tribunal. We are also making it clear that the Secretary of State will refer cases that particularly affect public confidence, and where they believe that the court may reach different decisions from those of the board. The amendments will make the exercising of the power quicker and more cost-effective, removing the need to create a shadow Parole Board within the Ministry of Justice and providing swifter certainty for victims and the public.

We are also proposing two further minor changes to the measures. Clause 36 enables the Parole Board to refer cases to the Secretary of State for a decision where it is unable to reach a decision itself. We have listened carefully to suggestions that this provision may not be required, as it is not easy to envisage the circumstances in which it might apply. We have listened and will remove the clause from the Bill. Secondly, there are a small number of parole cases—usually those where the index offence is terrorism—that involve the consideration of sensitive material relating to national security or closed material. It is usual for legal matters involving closed materials to be heard in the High Court, so we are amending the Bill to enable the Secretary of State to refer any such specific parole cases, which we would expect to be few in number, to that court rather than the upper tribunal. I hope that the changes will be well received and demonstrate our commitment to ensuring swifter outcomes for victims.

[Jim Shannon (Strangford) (DUP)]

Will the Minister give way?

[Edward Argar]

I will take a brief intervention. Then I will try to conclude, because I am conscious that many Members wish to speak.

[Jim Shannon]

I thank the Minister. On many occasions, MPs are asked to refer cases for reconsideration. The Minister has indicated that the appeal board may do that. Can MPs also refer prisoners to be reconsidered for longer sentences or, indeed, for not getting out at all?

[Edward Argar]

I am grateful to the hon. Gentleman. The power in the clauses rests with the Secretary of State, acting in his capacity as Lord Chancellor and Secretary of State. Of course, Members of Parliament can put their representations to the Secretary of State, but the referral procedure to the upper tribunal will sit with the Secretary of State, not with individual Members of this House.

We are also proposing amendments to change the period at which those on imprisonment for public protection sentences qualify for their licence to be considered for termination. The Justice Committee published its report on IPP sentences in September 2022, and I thank it for its valuable insights. One of its recommendations was to reduce the qualifying period at which an IPP prisoner in the community is referred to the Parole Board for consideration of licence termination from 10 years to five years. I am pleased to say that, on reflection, Government new clause 26 will reduce the period from 10 years to three years, which we believe strikes an appropriate balance. It will also introduce a provision whereby, for IPP offenders who have reached the three-year qualifying period and the Parole Board has not already directed that the licence be terminated, the Secretary of State must direct that the IPP licence ceases to have effect after a further two years of continuous good behaviour in the community, which is defined as not being recalled to prison in that time.

Secondly, the new clause will remove clause 33(5) from the Bill in order to decouple the test applied by the Parole Board when considering whether to terminate an IPP licence from other Parole Board decisions in clause 33, such as whether to release a prisoner from prison. The test is replaced by that introduced in clause 47(2)(c), setting out a clear presumption for termination of the licence requiring the Parole Board to direct the Secretary of State to make an order that a licence is to cease to have an effect unless it is satisfied that it is necessary for public protection that that licence remains in force.

We are clear throughout that public protection must remain a priority, but that change in presumption—a rebuttable presumption—will mean that when the Parole Board considers a licence termination for an offender who has already been found safe to be released, it will approach that with the presumption in favour of terminating. I appreciate that does not necessarily go as far as my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) might wish—that is evidenced by his tabling new clause 1—but I believe that we have made reasonable and balanced progress. Of course, we will carefully consider any further recommendations.

Before I conclude, it is right that I highlight the amendments tabled by the Chair of the Home Affairs Committee, the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), in respect of the infected blood inquiry. I have considered carefully what she has tabled. She will appreciate that this is a matter for the Cabinet Office. In my opening remarks, I want to acknowledge the huge impact that that scandal has had on people—families and individuals—up and down the country. I do not propose to say much more at this point, because I want to come to that in some detail once I have heard her remarks in moving new clause 27. I have sought to be as comprehensive as possible in my opening remarks—I am grateful to the House for its indulgence—to leave time in my closing remarks to address specific points on that issue and others, once Members have spoken to their amendments.

I am grateful to all who have engaged with the Bill as it has progressed. I will listen carefully to the debate, and I look forward to responding. I commend the Government’s amendments to the House.

[Several hon. Members rose—]

--- Later in debate ---

[Kevin Brennan]

Yes, and the answer to the last line of my right hon. Friend’s intervention is, “What is the difference here?” That is a very pertinent question, which I know the Minister will want to answer when he gets to the Dispatch Box to reply to the debate.

I wish to pay tribute to Sir Brian Langstaff and the inquiry team for their work and their unstinting commitment to deliver justice for those infected. I would be grateful if the Minister could update the House on what work the Government have been doing since the publication of the report. I accept that that is part of the Cabinet Office’s responsibility, but it sits with us this evening and, of course, Governments are supposed to be joined up. I know the House would also be grateful for an update on the expected timing of the publication of Sir Brian’s final report, as this issue affects Members across the House. In that spirit, let us try to rise to the occasion and find a way to work constructively on a cross-party basis, but crucially at speed. To be clear, I urge my hon. Friends to support new clause 27, tabled by my right hon. Friend the Member for Kingston upon Hull North, should it be pressed to a Division.

New clause 1 was tabled by the hon. Member for Bromley and Chislehurst (Sir Robert Neill), and he is absolutely right that it concerns a very serious matter. Unfortunately, given the impact of the Government’s effective destruction of the criminal justice system, we lack the infrastructure and resources to keep the public safe, should his new clause be implemented immediately. Our priority is, and always must be, the safety of the British public. We are concerned that if new clause 1 were enacted without provisioning for significant improvements in probation and parole, we would potentially significantly increase the risk to the public and to the prisoners themselves. The Government’s movement on this issue is a welcome first step. I look forward to seeing what further progress can be made by our colleagues in the other place.

On parole, I express our disappointment, generally, regarding part 3 of the Bill, the addition of which diverts attention away from the Bill being a victims Bill. However, I recognise the Government’s acceptance of the basis of our argument, which is contained in new clauses 15 and 16. Those new clauses, tabled in my name, would prevent a Justice Secretary from overturning Parole Board decisions and redirect appeals for an independent decision. I emphasise the critical need for the Government to fulfil their duty to protect citizens, rather than pursuing political gains or attempting to exert control over independent quasi-judicial entities.

The Government are right in recognising the gravity of the substantial challenges in parole, many of which, I am afraid, stem from 13 years of their own misrule, marked by systematic underfunding and undermining of our criminal justice system. We are devoted to upholding law and order, pledging to enhance the Parole Board’s effectiveness and to reinvest in our criminal justice system. We extend an invitation to the Government to align with our endeavours and aspire to foster improvements for victims and prisoners alike.

On the Government’s amendments, there are a lot of them. It is not always the case that the Government are willing to table substantive amendments in the House of Commons. I think it is the right thing to do, rather than keeping them until the Bill arrives in another place. Quite a few of the amendments represent the Government’s alignment with our previous amendments, so it would be churlish of me not to welcome them. After all, imitation is the sincerest form of flattery.

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Simon Hoare)]

Sarcasm is the lowest form of wit!

[Kevin Brennan]

I know the hon. Gentleman is an expert on that subject.

New clauses 22 and 23 represent movement by the Government towards our long-standing campaign for a Hillsborough law. They introduce a statutory definition of “major incident” and “victims”, and legislate for a permanent advocate on the side of victims to speak to their best interests and the treatment they receive from public bodies. Ministers will be all too familiar with our commitment to bring in a Hillsborough law. We tabled new clause 14 to push the duty of candour, which we have already discussed.

I understand there is a possibility the House might divide on new clause 10, tabled by the hon. Member for Westmorland and Lonsdale (Tim Farron). The Conservatives’ failure to prevent illegal sewage leaks has led to a drastic increase in illegal discharges, trashing nature, damaging tourism and putting people’s health at risk. They promised us the affluent society; they gave us the effluent society. Labour believes that when Ofwat concludes that the water companies are inflicting the damage, the cost must be paid by the offending companies and not the taxpayer. The polluter should pay.

Finally, I want to refer to Jade’s law and the work of my right hon. Friend the Member for Alyn and Deeside. His campaigning, along with Jade Ward’s family and the community, has been incredible; they have fought to ensure that no family endures what that family did ever again. My right hon. Friend stood by his constituents, who fought their campaign in an incredible and exemplary manner. It is welcome news that the Government will protect children where one parent murdered the other. I must state some disappointment that elements of the amendment that my hon. Friend the Member for Lewisham West and Penge tabled in Committee were not carried over, too. None the less, it is a celebratory event for Jade Ward’s family and the community, and for my right hon. Friend. We should offer them our thanks and congratulations.

The Government have a once-in-a-generation opportunity to make a real change for victims. I urge them not to waste it. I hope they will support our amendments on that basis, and I hope they continue their trend in following in our footsteps.

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[Mark Tami (Alyn and Deeside) (Lab)]

I wish to speak in respect of Government new clause 37. I welcome the fact that the Government have finally changed their mind, despite telling us for so long that Jade’s law could not be done. I would like to pay tribute to Jade’s parents, Karen Robinson and Paul Ward, to their friend Edwin Duggan and to Jade’s siblings for their tireless campaigning and the bravery and tenacity they have shown in what is an incredibly tough situation. On 26 August 2021, Jade, aged just 27, was brutally killed by her estranged husband Russell Marsh. On 12 April last year, Marsh was given a life sentence with a minimum of 25 years in prison. Despite these distressing circumstances, Jade’s family was horrified to learn that they face the prospect of continued contact with the man who murdered their daughter. Despite his appalling actions, Russell Marsh, who shared four children with Jade, still retains parental responsibility under law.

The law as it stands allows a parent convicted of the murder of the other parent the power on issues such as where the children go to school and whether they have passports, holidays abroad and medical treatment. These matters often end up in the family court. We can only imagine how traumatic this must be for the families going through this. After having already suffered the unimaginable pain of losing their daughter in the way Jade’s family have, the current process compels them to face their daughter’s killer and acts as a constant reminder of their darkest moments. In cases where the convicted parent showed long-running obsessive and controlling behaviour prior to their imprisonment, the current process effectively grants them the means to continue the control and coercion of the victim’s family in the same way that they did with the victim. It can be extremely traumatic for children to know that the person who killed their mother knows so much about their lives, particularly in cases where the children witnessed the murder. With the introduction of Jade’s law, no longer will perpetrators with a history of abusive behaviour be able to force controlling and psychological abuse upon the victim’s family from inside their prison cell.

That is why Jade’s family and friends have been campaigning to automatically suspend the parental responsibility of a parent found guilty of murdering their child’s other parent. The onus is currently on the family to prove why Marsh’s parental responsibility should be revoked or restricted, whereas Jade’s law will mean that parental responsibility will be automatically suspended in such circumstances, thereby shifting the onus, with the substantial review process that the Government outline in their amendment, to ensure that the suspension of parental responsibility is in the child’s best interests.

Last year, Edwin Duggan started a petition to put Jade’s law on the agenda, collecting more than 130,000 signatures. Since then, parliamentary colleagues and I have pushed the Government to make Jade’s law a reality. We secured a Westminster Hall debate when the petition surpassed 100,000 signatures, and I thank the Minister, the right hon. Member for Charnwood (Edward Argar), for engaging with us. I thank Labour colleagues who helped with the campaign, including my hon. Friends the Members for Lewisham West and Penge (Ellie Reeves) and for Birmingham, Yardley (Jess Phillips).

Unfortunately, as I understand it, the Government amendment does not include provision to apply Jade’s law retrospectively, as there will be a duty on the Crown court to make a prohibited steps order only when sentencing an offender. Will the Government look at further steps to ensure that people, like Marsh, who have already been convicted of murder within the specifications of Jade’s law are made subject to it? This campaign sprang out of the injuries and injustices faced by Jade’s family, and it is only right that Jade’s law puts it right for them and for other families.

I conclude by reading a statement issued by Jade’s parents after their daughter’s killer was sentenced:

“Jade was the sunshine in our lives, she was the glue that held us all together. She was also a devoted mum who would do anything for her children, a much-loved friend, daughter, sister, aunty, niece and granddaughter. Jade’s whole life was ahead of her, and her death has left a void in all our lives.”

Sadly, it is too late for Jade. But her children, and others in the same situation, still have their whole lives ahead of them. We owe it to them to ensure that the system is on the side of victims. I am pleased that the Government have finally come to terms with the injustice of the current process.

[Rachel Maclean (Redditch) (Con)]

I am delighted to speak in support of the Bill, and I thank the Public Bill Committee and the Minister for their hard work in getting it to this point.

My constituents in Redditch, and the public across the country, expect the law of the land to protect the law-abiding majority, and there is nothing as infuriating or frustrating to them than when perpetrators of crime receive more attention and support than their victims, which is why I welcome the Bill.

Before I begin, I put on record my thanks for the exceptional work of the criminal justice agencies in my Redditch constituency—particularly Inspector Rich Field and his team of officers; the police and crime commissioner, John Campion; and support services such as the Sandycroft centre and its head of wellbeing—who work tirelessly to support victims of crime.

In the interests of time, I will speak about a couple of measures that are of particular interest. I had the privilege of serving as a Minister in the Home Office and the Ministry of Justice, and some of this legislation had its genesis in the end-to-end rape review. I will never lose my strong commitment to serving and speaking up for victims of the most hideous crimes—rape, domestic abuse, sexual assault and child sexual abuse. These crimes have no place in our society, which is why, in relation to the treatment of victims of rape and serious sexual offences, I particularly welcome the measures on disclosure of third-party materials that were added to the Bill in Committee. I am pleased that these measures go further than existing protections, and that they will enable victims to trust that those working to bring perpetrators to justice will do so without violating their important therapy-room conversations. When does the Minister expect these measures to be rolled out and adopted by all police forces and Crown Prosecution Service areas across the country?

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[Mr Deputy Speaker (Sir Roger Gale)]

With the leave of the House, I call the Minister to wind up the debate.

[Edward Argar]

It is a pleasure to bring this debate on the Victims and Prisoners Bill Report stage to a close. I am particularly grateful for the co-operative and constructive spirit in which the debate has taken place, and for the broad support received for the Bill so far. Given the number of contributions that have been made, I will endeavour to cover them thematically. I am afraid I will be brief, and I apologise to any right hon. and hon. Members whose contributions I do not address directly.

The hon. Member for Walthamstow (Stella Creasy) spoke with considerable and typical courage, and in her typically forthright way. I say to her that I and the appropriate Minister will be happy to have further discussions with her on the issues she raised.

The hon. Members for Chesterfield (Mr Perkins) and for Rotherham (Sarah Champion) talked about stalking in the context of Gracie Spinks. As a fellow east midlands Member of Parliament, I am very familiar with that case; we see updates on it regularly on “East Midlands Today”. The hon. Member for Chesterfield highlighted the recent work and publication by the Suzy Lamplugh Trust, which we will look at very carefully. I know that the Minister for victims, my hon. Friend the Member for Newbury (Laura Farris), will look carefully at what is contained in the report.

My right hon. Friend the Member for Basingstoke (Dame Maria Miller) raised the issue of non-disclosure agreements. We are sympathetic to the concerns raised and will be carefully considering with the Department for Business and Trade how best to take this forward, including considering legislation. We will provide an update in the new year.

The duty of candour was raised by the shadow Minister, the hon. Member for Cardiff West (Kevin Brennan), and I am grateful for his typically reasonable tone throughout his contribution. The full position on the duty of candour will be set out shortly in an oral statement setting out the Government’s response to Bishop James Jones’s report. To respect the process, we cannot pre-empt that statement prior to it taking place on Wednesday. However, the Criminal Justice Bill, which is before the House already, includes an organisational duty of candour aimed at chief officers of police, making them responsible for ensuring that individuals within their remit act appropriately and with candour. We believe that that legislative vehicle, and that legislation, is the right place for that important debate to take place.

My hon. Friend the Member for North East Bedfordshire (Richard Fuller) and the shadow Minister talked about free legal advice for victims of rape. The Law Commission is currently considering the merits of independent legal advice as part of its wider review on the use of evidence in sexual offences prosecutions. This is an important issue, but we believe that we should receive and consider the findings of that extensive piece of work before committing to further action.

I turn now to amendments 142 to 144 and new clauses 27 and 42. I am grateful to the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) and the shadow Minister for raising this extremely important topic. The infected blood scandal should never have happened. My thoughts, and I believe those of the whole House, remain with those impacted by this appalling tragedy. I confirm on behalf of the Cabinet Office, which is the lead Department, that the Minister for the Cabinet Office will make a statement ahead of the House rising for Christmas on Government progress on the infected blood inquiry, and that we will commit to update Parliament with an oral statement on next steps within 25 sitting days of the final report being published.

We have studied carefully the proposals made by the right hon. Lady, which are supported widely across the House. The Government, as she said, have already accepted the moral case for compensation, and we are grateful for the work of Sir Brian Langstaff. We have great sympathy with new clause 27 and the intention to ensure that the legal groundwork is in place to enable a delivery body to be established. I therefore confirm that, when the Bill reaches the Lords, we will bring forward our own amendment, which will put in place the necessary legislative framework and timescales for a delivery body for compensation for the victims of infected blood to be established, in line with the overall objectives set out in her new clause. That will ensure that the Government can move quickly, as soon as the inquiry reports.

I turn to IPP prisoners. While I appreciate that the Chair of the Justice Committee, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), would wish us to go further with resentencing, I believe that we have made considerable progress in what we have set out to the House.

[Sir Robert Neill]

I have listened to what has been said by Front-Bench Members on both sides, but they will have heard what was said by Back-Bench Members and the strength of feeling that more needs to be done. Before the Bill goes to the Lords, where this matter will certainly be raised, will the Minister meet me and other concerned Members to discuss further ways in which we may find a formula that will take this measure further forward?

[Edward Argar]

I am grateful to my hon. Friend. We will listen carefully to what their noble lordships say when the matter comes before them, but I am always happy to meet him to discuss this matter and others.

Amendment 28 and new clause 10 would include people who have suffered harm as a direct result of criminal conduct related to sewage and waste water in the definition of a victim, and introduce a sewage illness compensation scheme. Let me be clear that the Government and the Secretary of State for Environment, Food and Rural Affairs, as the lead Minister, take the issue of water quality extremely seriously, and sewage being discharged into our waterways is completely unacceptable. That is why we are the first Government to take such significant action on this issue, with record fines, new powers to hold water companies to account and the largest investment programme in water company history to tackle overflows once and for all, totalling £60 billion.

We understand that criminal conduct relating to sewage and waste water can have a significant impact on individuals. Where individuals have been impacted by water quality or suffered harm, they will be able to access support services where the issue fits the eligibility criteria. I reassure the hon. Member for Westmorland and Lonsdale (Tim Farron)—we may not always agree, but he knows that I have a lot of respect for him as a Member of this House—that there are existing routes for individuals who suffer harm as a result of criminal conduct to seek compensation where there is evidence of personal injury, loss or damage. Those can be pursued through criminal proceedings, where a compensation order can be sought, or through separate civil proceedings through our legal system. Water companies must not profit from environmental damage. That is why the Government support Ofwat’s new rules on water company dividends and bonuses so that consumer bills never reward pollution.

I turn briefly to antisocial behaviour. I, like everyone else, recognise the significant impact that persistent antisocial behaviour can have on individuals and whole communities. We are committed to supporting the victims. That is why we are bringing forward a number of important measures through the Criminal Justice Bill, introduced to the House on 14 November, to tackle the core concerns raised in this Bill’s Committee. We consider that the best and most appropriate vehicle in which they can be considered.

Finally, new clause 43 tabled by the hon. Member for South Shields (Mrs Lewell-Buck) would give relatives the ability to register the deaths of their loved ones following a major incident. As she set out, the proposed changes to digitise death registration would mean that the approach adopted of a signature, which we have discussed, would not necessarily work. We cannot support the new clause as drafted, but we are incredibly sympathetic to its purpose. I can confirm that the Government intend to launch a full public consultation on the role of the bereaved in death registration following an inquest, including those impacted by a major disaster. I look forward to working with her and the families who have been so dreadfully impacted in the past. I am grateful to all Members for their positive contributions.

--- Later in debate ---

21:01

Division 21

Ayes: 27

---

Liberal Democrat: 12
Democratic Unionist Party: 8
Plaid Cymru: 3
Independent: 1
Alliance: 1
Social Democratic & Labour Party: 1
Green Party: 1

Noes: 267

---

Conservative: 261
Independent: 2
The Reclaim Party: 1

New Clause 14

--- Later in debate ---

21:15

Division 22

Ayes: 193

---

Labour: 163
Liberal Democrat: 14
Democratic Unionist Party: 8
Independent: 3
Plaid Cymru: 3
Social Democratic & Labour Party: 2
Alliance: 1
Green Party: 1

Noes: 279

---

Conservative: 274
Independent: 2
The Reclaim Party: 1

New Clause 27

--- Later in debate ---

21:28

Division 23

Ayes: 246

---

Labour: 164
Scottish National Party: 29
Conservative: 22
Liberal Democrat: 14
Democratic Unionist Party: 8
Independent: 4
Plaid Cymru: 3
Social Democratic & Labour Party: 2
Alliance: 1
Alba Party: 1
Green Party: 1

Noes: 242

---

Conservative: 238
The Reclaim Party: 1
Independent: 1

New clause 27 added to the Bill.

--- Later in debate ---

21:40

Division 24

Ayes: 190

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Labour: 160
Liberal Democrat: 14
Democratic Unionist Party: 8
Independent: 3
Plaid Cymru: 3
Social Democratic & Labour Party: 2
Green Party: 1

Noes: 277

---

Conservative: 273
Independent: 2

--- Later in debate ---

[Edward Argar]

I beg to move, That the Bill be now read the Third time.

As is appropriate on these occasions, I want to put on record, if I may, my gratitude and my thanks to the officials who have worked on this Bill in the Ministry of Justice and my private office; the fantastic Nikki Jones, who has managed this Bill through the Commons as an official; the Whips, the Parliamentary Business and Legislation Committee and the Lord President of the Council for her assistance; and my Parliamentary Private Secretary until he was made a Whip a few short weeks ago, my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell). Most importantly, I would like to thank the victims who have contributed to this, as well as the stakeholders, the organisations and the campaigners. I should also express once again my gratitude to Opposition Front Benchers for their constructive approach and tone throughout, particularly on those long days in Committee, and I congratulate the right hon. Member for Kingston upon Hull North (Dame Diana Johnson).

This Bill has as a central objective to ensure that victims are treated like participants in the justice process rather than bystanders. It is no less than they deserve, and it represents a major step forward, building on the progress made for victims in the last decade. The Bill has been a long time in the making, but getting it into law will strengthen the voice of victims of crime and major incidents in our criminal justice system so that they can be supported to recover and see justice done. It is not only the right thing to do; our hope and belief is that it will also enable us to bring more criminals to justice, keeping the British people safe and providing them with the support they need.

This Bill in many ways represents the very best of this House and its ability to make meaningful change for the people who send us here and the people we serve, and I pay tribute to Members on both sides for their contributions in getting us to this point. Mindful of the tone and spirit in which these debates have been conducted, I will conclude to allow the shadow Secretary of State to put her thanks to her team on record as well.

[Mr Deputy Speaker (Sir Roger Gale)]

I call the shadow Justice Secretary.