(1 day, 4 hours ago)
Lords ChamberTo ask His Majesty’s Government what steps they will take to ensure compensation awards to victims of child grooming scandals are made in a timely way.
The Parliamentary Under-Secretary of State, Ministry of Justice (Baroness Levitt) (Lab)
My Lords, there are three routes by which victims of child grooming may be awarded compensation. First, following a criminal conviction, a court can order compensation to be paid to the victim, but the criminal courts cannot embark on a detailed inquiry as to the extent of any injury, loss or damage. Secondly, victims can bring an action for damages for personal injury in the civil courts; the Government are abolishing the three-year limitation period so that it no longer operates as a barrier to compensation for such victims. Thirdly and finally, victims can apply to the criminal injuries compensation scheme. These awards are assessed on a case-by-case basis, and the majority are decided within 12 months.
I thank the Minister for that very helpful reply and for our earlier meeting, but might I request a further meeting? These young ladies, who may not all have the strength of Madame Pelicot, will still be living in a highly corrupted community in terms of the activities that were perpetrated upon them earlier. Some of them may not be relevant for an award; none the less, the entire community does not seem to be honouring British law with regard to respect for women, young women and children. Would the Minister be willing to have a meeting, to discuss not the award but the wider implications which perhaps we might manage to do something to help?
Baroness Levitt (Lab)
It is always a pleasure to speak to the noble Baroness, and the answer is yes.
My Lords, will the Government set up a unit to start assessing the numbers of the victims of the grooming gangs, and in particular their distribution and their personal situation, and then start learning from the problems of the previous schemes, such as the Post Office Horizon and infected blood schemes, so that when the inquiry is complete, the victims do not have to wait years for their compensation?
Baroness Levitt (Lab)
As the noble Baroness, Lady Walmsley, knows, it is a top priority for the Government to appoint the chair of the national inquiry as quickly as possible, and we are grateful to the noble Baroness, Lady Casey, for supporting these efforts. Once the chair is in place, the terms of reference for the inquiry will be settled, and we will take it from there.
My Lords, we discussed criminal exploitation of children last night. I know from my experience that a young woman was denied any compensation because of the way the trial was conducted. She was in the position where, when the third barrister had been appointed by the defendant, she was told that she had to go through her third cross-examination. She went out that night and did things she should not have: she got drunk, and maybe had other substances—I do not know—and ended up in the police station overnight, and then any compensation was denied her. We are in the position that because these young women are extremely vulnerable, the way we operate our court system retraumatises them in many ways. I hope that the Government, in thinking about the compensation, take these issues into account.
Baroness Levitt (Lab)
The noble Baroness raises a number of points in that question. Many of those will be for the national inquiry to deal with, so I will simply deal very quickly with the question of convictions and their effect on compensation. It is right to say that it is a condition of applying to the criminal injuries compensation scheme that the applicant does not have unspent criminal convictions. The difficulty with waiving that for one group is that it undermines the universality of the system. We are very anxious not to create a hierarchy of victims where some are seen as more worthy of belief or compensation than others, and we will do everything we can to avoid that.
Lord Keen of Elie (Con)
My Lords, it has been widely reported that four victims of the grooming scandal have resigned from the liaison panel of the national grooming gangs inquiry, describing a “toxic, fearful environment” and accusing the process of being manipulated away from the central issue of the grooming gangs. Will the Minister commit to publishing a proper timeline, including a fixed timescale for the appointment of a chair, and a clear start date for this important inquiry?
Baroness Levitt (Lab)
The Government were extremely saddened by the resignation of those victims, and they are always welcome to rejoin and re-engage with the process—we very much hope that they will. The process of appointing the chair is well under way. As I have already said, the noble Baroness, Lady Casey, is assisting with this. It would not be helpful to give a running commentary on what is happening, but it is important to the Government to get on with this.
My Lords, the Minister mentioned three possible avenues for compensation. I think she would accept that the largest award is likely to be if there is a civil claim, rather than the other two avenues. Can she help the House with who the potential defendants in such a claim might be? I am not asking for her legal advice but for some general guidance if this is to be a realistic remedy.
Baroness Levitt (Lab)
Of course, we are speaking generically about victims of grooming, but they may fall into a number of different categories. There are the grooming gangs, about which a great deal has been heard, but there are also, for example, victims of online grooming. So I cannot really give an answer as to who the potential defendant is going to be that will actually deal with all the victims. That is a case-by-case decision to be made.
Have the Government consulted the Independent Public Advocate about the new inquiry? As the system threatens yet again to overwhelm the voices of victims and survivors, would not her guidance and support for this group be really valuable in this instance?
Baroness Levitt (Lab)
I thank the noble Baroness for her question. I recognise, of course, her ongoing interest in the Independent Public Advocate, which is very welcome. I do not know the answer, so I shall write to her.
Will the Minister join me in congratulating the noble Baroness, Lady Nicholson, on the wording of her Question, which for once does not put the word “Pakistani” in front of “child grooming scandals”? Does the Minister agree that the problem is to be laid at the door not of our Pakistani men but, very largely, of our Muslim men and that, therefore, the problem is religious, not ethnic?
Baroness Levitt (Lab)
I am afraid I am absolutely not going to agree with that. It is going to be a matter for the new national inquiry, and I am not going to pre-empt that.
My Lords, my noble friend Lady Walmsey did not necessarily ask about the terms of reference of the inquiry; she asked about the mechanisms of the payments of the compensation scheme. Have the Government learned from what has happened in the infected blood and Post Office Horizon schemes, and are they now working on the mechanisms of the compensation scheme so that fast payment will flow once the public inquiry has reached its conclusions?
Baroness Levitt (Lab)
The difficulty with that question is that it presupposes the existence of a compensation scheme for these victims. There is no such compensation scheme in existence. Whether or not that is something that is recommended by the national inquiry, we will wait to see. As I have already said, there are a number of different categories of victims in these cases, and not all the same conditions apply to all of them. But I take the point that if there were to be a compensation scheme, it would be important that it paid out quickly.
Given the question asked by the noble Baroness, Lady Armstrong, surely a very specific compensation scheme would deal with those issues. I suggest to the Minister that she looks at the scheme that we set up in Northern Ireland to deal with institutional child abuse. The way in which that scheme worked meant that it was very quickly operated and that victims were able to access it. It is something that the national inquiry could very much benefit from looking at.
Baroness Levitt (Lab)
I thank the noble Baroness very much for that. Obviously, that is something that will be very useful to look into once the inquiry is set up.
Lord Mohammed of Tinsley (LD)
My Lords, the perpetrators of these crimes are men from all backgrounds, but many of them are not from upstanding backgrounds in the sense that some are involved in criminal activities such as drug dealing. So what action are His Majesty’s Government wanting to take against those convicted, looking at the Proceeds of Crime Act? These people were able to groom some of these young ladies—women—and girls because they had flash cars, et cetera. How do we ensure that those monsters have all the criminal assets from their ill-gotten gains taken away from them after conviction?
Baroness Levitt (Lab)
It is a very good point. Every judge at the end of a criminal trial has the ability to make a confiscation order, and these are being pursued with rigour because it is really important to ensure that criminals do not profit from that kind of illicit activity.