Draft Victims and Prisoners Act 2024 (Permitted Disclosures) Regulations 2025
(1 day, 7 hours ago)
General CommitteesRead Hansard Text Read Debate Ministerial Extracts
The Chair
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
I beg to move,
That the Committee has considered the draft Victims and Prisoners Act 2024 (Permitted Disclosures) Regulations 2025.
With your permission, Mr Dowd, I will make a brief statement on the sudden and tragic passing of Baroness Helen Newlove, the Victims’ Commissioner. Baroness Newlove was a formidable champion for victims, and her work will be carried on by many who have known her and who have had the privilege of working with her for so many years. It has been a genuine honour to work with her in my role as the Victims Minister. All my thoughts and, I am sure, those of the whole House are with her family and loved ones at this difficult time.
It is an honour to serve with you in the Chair, Mr Dowd. The draft statutory instrument amends section 17 of the Victims and Prisoners Act 2024. Section 17 was brought into force on 1 October this year, and makes it clear in statute that confidentiality clauses—also known as non-disclosure agreements, or NDAs—cannot be enforced in so far as they seek to prevent victims from reporting a crime to the police. Section 17 also extends that protection to certain other disclosures required for victims to obtain confidential advice and support essential to coping with, and recovering from, the effects of crime.
Now that section 17 is in force, NDAs entered into on or after 1 October 2025 will be legally unenforceable in so far as they attempt to prohibit such disclosures. That means that individuals who are a victim of crime, or who reasonably believe they are a victim of crime, are allowed to disclose information. That information must be to certain individuals for certain purposes related to the criminal conduct they have suffered. That is the case even if an NDA they have signed seeks to prevent them from disclosing that information.
Under the legislation, victims are permitted to make disclosures to the following bodies: the police or other bodies that investigate or prosecute crimes; qualified lawyers; regulated professionals, including regulated healthcare professionals; victim support services; regulators; and a victim’s close family. Those are known as the permitted disclosures. Disclosures to each of those bodies are permitted only if made for the relevant purpose for the body specified in the legislation, each of which relates to the criminal conduct. However, disclosures made for any other purpose, or to bodies not listed in the legislation, are not permitted, and the NDA may remain enforceable in such instances.
To ensure that section 17 comprehensively achieves the policy aim, this instrument makes three changes to it. The first is to add the Criminal Injuries Compensation Authority to the list of bodies to which victims can make a permitted disclosure. That is for the purpose of pursuing a claim under the taxpayer-funded compensation schemes that it administers—the criminal injuries compensation scheme 2012 and the victims of overseas terrorism compensation scheme 2012.
Victims sometimes feel unable to tell the Criminal Injuries Compensation Authority about settlement agreements they have signed related to the criminal conduct they are seeking compensation for, and that can be because of a confidentiality clause in such agreements. That hesitation can make it harder for the authority to assess their eligibility for compensation. It can also affect how much compensation they receive. Including the authority in the list of permitted disclosures will ensure victims can share relevant information with the authority for the purpose of a compensation claim related to the criminal conduct they have experienced, without fearing legal consequences under the NDA.
Flowing from that, the second change will amend section 17 to allow disclosures to courts and tribunals for the purpose of issuing or pursuing proceedings in relation to a decision by the authority on such claims. That makes it clear that appropriate disclosures are permitted throughout the entire legal process for pursing compensation from the schemes that the authority administers, including in the small number of cases where a compensation decision is challenged in the courts. It is vital that the Courts and Tribunals Service has access to all relevant information, and this amendment makes it clear that an NDA cannot be enforced against a victim sharing certain information with courts and tribunals in that context.
The third and final change the instrument introduces is an amendment to the definition of a qualified lawyer in section 17(6) of the 2024 Act. Currently under section 17, victims may disclose information to a qualified lawyer for the purpose of seeking legal advice about criminal conduct. However, the definition does not include registered foreign lawyers—those who qualified outside England and Wales, but are registered with and regulated by the Solicitors Regulation Authority. Those lawyers can own and manage authorised law firms and, in certain circumstances, provide reserved legal services. The provision will ensure that victims can make disclosures to any regulated lawyer in England and Wales for the purpose of seeking legal advice about criminal conduct, without needing to verify where that lawyer qualified. That change removes unnecessary barriers and ensures that victims can seek legal advice without fear of breaching an NDA. If this instrument is approved by Parliament, the changes will apply to NDAs entered into on or after the date it comes into force.
As hon. Members may know, the Government are seeking to make further changes to NDAs through an amendment to the Victims and Courts Bill that was tabled on Report in the Commons in October. The amendment will void NDAs to the extent that they seek to prevent a victim of crime, or someone who reasonably believes they are a victim of crime, from speaking about the criminal conduct to anyone and for any purpose.
That measure complements an amendment to the Employment Rights Bill that provides similar protections for workers in relation to certain work-related harassment or discrimination. Once commenced, the Victims and Courts Bill measure will repeal and replace section 17 of the 2024 Act, including the changes proposed by this instrument. This is effectively a bridging measure. However, we recognise that the Victims and Courts Bill may take time to achieve Royal Assent and to be implemented. As such, commencing section 17 from 1 October 2025 and then taking forward the changes proposed under this instrument ensures that victims can benefit from these protections without delay while work continues on passing and implementing the Victims and Courts Bill.
This instrument seeks to make three technical changes to section 17 of the 2024 Act to ensure that it comprehensively achieves the policy aim. The changes would make sure that victims of crime are able to access appropriate support from the right agencies and professionals without the fear of legal consequences from an NDA, in order to cope with and recover from the impact of crime. They will pave the way for future reforms under the Employment Rights Bill and the Victims and Courts Bill. I therefore commend this instrument to the Committee.
Dr Kieran Mullan (Bexhill and Battle) (Con)
It is a pleasure to serve under your chairship, Mr Dowd. I join the Minister in paying tribute to Baroness Helen Newlove, somebody I had the pleasure of getting to know and working with over the past 12 months. She was a fierce advocate for victims and their families, and her direct experience of an appalling crime made her credible and impactful in all the work she did. I remember discussing the changes that were being made in Committee to the Victims’ Commissioner and using her as an example of someone who made the most of the power she already had. She would have made even more use of the new legislation that strengthens the Victims’ Commissioner.
As the Minister said, we are considering delegated legislation to make an addition to section 17 of the Victims and Prisoners Act 2024, which was passed by the previous Government. I am delighted that my right hon. Friend the Member for Melton and Syston—the original sponsoring Minister for that legislation—is with us on the Committee. That Act rightly ensured that victims can never be prevented from reporting crimes to the police and other bodies because of non-disclosure agreements.
We can be proud of introducing that measure. It was passed with a clear mechanism for extending the bodies to which a disclosure could be made. Today, we are making use of that power, to enable victims who have signed NDAs to disclose information to the Criminal Injuries Compensation Authority when making a claim for compensation, and to the courts or tribunals that deal with any related proceedings. That will ensure that the CICA has a full picture of the circumstances that it should properly consider before deciding what, if any, award should be made to a victim. At present, victims are unable to tell it whether any compensation has already been received, which is a matter it should be able to consider.
The regulations also extend the definition of a qualified lawyer to include registered foreign lawyers. That practical step will allow victims to seek appropriate advice wherever they are based.
As I am sure the Minister will confirm, the original legislation was carefully considered and had various checks and balances in place. As she said, the wholesale recasting of those mechanisms in the Victims and Courts Bill was part of a relatively late amendment that did not have the full and detailed consideration that the House would have been able to give it in Committee. She will therefore understand why we want to see further debate, discussion and consideration of this new approach as the Bill progresses through the House.
Edward Argar (Melton and Syston) (Con)
It is always a pleasure to serve under your chairmanship, Mr Dowd. I am slowly beginning to get used to life on the Back Benches and to sitting on neither the Government Front Bench nor the Opposition Front Bench in Delegated Legislation Committees.
Following the Minister’s announcement earlier, I want to take the opportunity to pay tribute to Helen Newlove. I had the privilege of working with her in both her first and second terms as Victims’ Commissioner, both times while I was serving as the Victims Minister—the role the Minister now occupies. Helen brought to her role integrity, decency, kindness and fun; indeed, when I first met her, she had been on “Desert Island Discs” and we ended up singing one of her choices, “Bring Me Sunshine”, before our first ministerial meeting. That set the tone for how we worked together, and she became a friend, so I will miss her hugely. I know the same will be true of victims up and down the country, because whatever her friendship she was always fearless and forthright in speaking up for the rights of victims and in making sure their voices were heard loud and clear. Today, this country—but especially the victims community—has lost a very powerful champion.
I am grateful to the shadow Minister, my hon. Friend the Member for Bexhill and Battle, for his comments: I did take the legislation on which this statutory instrument is based through in the wash-up period just before the last general election. I also pay tribute to Dame Maria Miller, who campaigned very hard on this issue, and to the hon. Member for Oxford West and Abingdon (Layla Moran), who was a forceful advocate—although always polite and friendly—in banging on my door and seeking to nudge me a little further.
I will not comment on the amendments before the House more broadly in the Victims and Courts Bill. All I will say is that I welcome the pragmatic and sensible tidying-up in this instrument, which is a bridging measure, but also a means to fill in a few gaps that were, I suspect, missed by both sides of the House in their desire to get the 2024 Act through before the election. I therefore welcome the instrument the Minister has brought before us today.
Alex Davies-Jones
I welcome the contribution from the right hon. Member for Melton and Syston, who did sterling cross-party work on the original legislation. I look forward to debating further measures relating to this issue when we look at the Victims and Courts Bill. I commend the draft regulations to the Committee.
Question put and agreed to.