Crime and Policing Bill

Baroness Brinton Excerpts

Committee stage
Tuesday 20th January 2026 Lords Chamber

In conclusion, this is about proportionality. Yes, children should not escape punishment, and a fine or penalty fare is entirely appropriate, but a criminal record for 11 years for a first offence by a child is totally disproportionate.

[Baroness Brinton (LD)]

My Lords, I have signed my noble friend Lord Marks’s Amendment 420 and thank him for his excellent explanation. I am also reminded that our noble friend Lord Dholakia has campaigned for decades for a review of the way in which society deals with children in the criminal justice system. His principal concern, and the subject of a number of Private Members’ Bills, was on increasing the age of criminal responsibility, and we will address that specific issue in the next couple of Committee days. He also expressed some concerns about the treatment that children and young people who had entered the criminal justice system would face later on.

Reference has been made to David Lammy’s review. I also remind the Committee about Iain Duncan Smith’s report for the Centre for Social Justice in 2012, in which he said:

“There is now a significant body of research evidence indicating that early adolescence (under 13-14 years of age) is a period of marked neurodevelopmental immaturity, during which children’s capacity is not equivalent to that of an older adolescent or adult. Such findings cast doubt on the culpability and competency of early adolescents to participate in the criminal process and this raises the question of whether the current MACR”—


minimum age of criminal responsibility—“at ten, is appropriate”. I think that also reflects on cautions and convictions for that age group, although I recognise that my noble friend’s amendment goes right up to the end of childhood.

All the amendments in front of us look at how convictions and cautions are handled and how they are disclosed. Mention has already been made of the organisation FairChecks. It has called for a major review of the criminal records disclosure system. Interestingly, it produced the same evidence as Iain Duncan Smith about the capacity of people of this age to understand and take responsibility for their actions. As has already been mentioned, young people hoping to move on suddenly discover that in trying to get work or a promotion they have to disclose their criminal records, and too often, on top of the almost inevitable rejection letters, their shame emerges once again, destroying their chance of creating a new life once they have served their time.

FairChecks proposes that there should be an automatic disclosure of a caution in criminal records, the slate should be wiped clean for childhood offences and we should stop forcing people to reveal short and suspended prison sentences for ever. But, it says—as has every other speaker so far today—safeguards must remain in place for more serious offenders in order to protect the public. At the same time, it would give individuals the chance to move beyond their childhood criminal record so they could get work and forge a new life as an adult, and the first steps towards that would be a review. I hope the Minister will look favourably on Amendment 420.

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[Lord Cameron of Lochiel (Con)]

My Lords, I am pleased to move Amendment 420A. Although it is in my name, it is a product of tireless campaigning from my honourable friend Helen Grant MP. I thank her for her long-standing commitment to this issue. It is thanks to her unwavering commitment that we are one step closer to making a child cruelty register a reality.

I thank the Government for their ongoing communication with us on this important topic and their assurances that they would like to implement a policy that supports a child cruelty register. When this amendment was tabled during the passage of the Sentencing Bill in your Lordships’ House, government officials requested that it be reserved for Home Office legislation, rather than that of the Ministry of Justice. That is why I am moving this amendment today.

This proposed register would be very similar in kind to the register for convicted child sex offenders, for whom notification requirements already exist. It would ensure that those convicted of cruelty to vulnerable children must notify the police of their home address and other relevant details following their release from prison. The register would act as a safeguard by providing the police with the oversight needed to manage offenders and reduce the risk to children. It would mean that those who commit cruelty to children in a non-sexual manner cannot simply disappear back into the community.

These provisions already exist for sex offenders, and we see no reason why they should not similarly pertain to those convicted of child cruelty. Although the offence is different, its effects are detrimentally serious in nature. Child cruelty is a heinous crime that can have a lifelong impact on victims and affects the most vulnerable individuals in society.

Common sense requires that those who commit crimes such as allowing the death of a child, neglect of a child, violence towards a child, infanticide or female genital mutilation should not be able to slip under the radar in local communities once their custodial sentence is spent. There should be a centralised mechanism for the police to know where these people live. This is particularly so given that, in the vast majority of child cruelty cases, the offender has parental responsibility for the victim. They are therefore likely to have connections to the child’s guardian, who, in many cases, will be a family member.

There is a clear gap in the child protection systems that unnecessarily endangers children. The child protection system must exist to free children from the conditions of cruelty towards them, but it must also contain preventive measures to ensure that children are not placed in such appalling situations. Child cruelty offences have doubled in the past few years; now more than ever, it is important to act swiftly to curb this rise. Given the Government’s previously stated support for this measure, I hope that the Minister will be equally able to offer her support today.

[Baroness Brinton (LD)]

My Lords, my colleagues in the Commons very much supported Helen Grant in her campaign for this amendment. I pay particular tribute to Jess Brown-Fuller MP. It is very helpful that it has been directed to this Bill, and we on these Benches are very pleased that the Opposition have laid the amendment to this Bill.

It is getting late, and I will not speak for very long. The only other people we need to credit are Tony Hudgell and his parents. After being taken away from his birth parents, he has lived for many years with his foster parents, who he describes as his parents. He has endured 23 operations after injuries that resulted in him losing both legs when he was a toddler. That is the sort of cruelty—although unusually bad in this case—that the amendment is intended to address. For all the reasons that the noble Lord, Lord Cameron, outlined, we absolutely support the progress of this amendment, and we hope that the Government will look favourably on it.

[Baroness Levitt (Lab)]

My Lords, notification requirements received attention during the passage of the Government’s Sentencing Bill. I am grateful to the noble Lord, Lord Davies of Gower, for ensuring this important matter remains firmly on our agenda. I join the noble Lord, Lord Cameron of Lochiel, and the noble Baroness, Lady Brinton, in paying tribute to Helen Grant MP and to Paula Hudgell, both of whose tireless campaigning has done so much to advance the protection of children. As my noble friend Lord Timpson set out in Committee on the Sentencing Bill, this Government are committed to safeguarding children and ensuring robust measures are in place to protect them from those who seek to cause them harm. We are working hard to consider the best way to manage such offenders effectively.

We are unable to support the amendment at present, as further work is needed to determine the most effective way to strengthen offender management. We need to consider fully all aspects of implementation when it comes to adding notification requirements to a new cohort of offenders, particularly in light of the Government’s recently published violence against women and girls strategy, which sets out significant reforms to offender management.

It is right that we take the time to understand the potential impact of these proposals. One of the issues is that adding notification requirements to a new cohort of offenders would involve significant costs for policing. For example, notification duties such as taking biometric data, verifying personal details, recording changes, conducting compliance visits and managing ViSOR data must all be absorbed into the general workload of the police. One of the tasks for the Government is to reflect that this could mean shifting resource from other important areas of police work.

I can reassure noble Lords, however, that since December, Home Office and Justice Ministers have met regularly to discuss options in this space and have held initial discussions with national policing representatives. So, I can add my reassurances to those already given by my noble friend Lord Timpson: Ministers will continue to pursue this issue with vigour. With these reassurances, I hope that at this stage the noble Lord will feel able to withdraw his amendment.

Victims and Courts Bill

Baroness Brinton Excerpts

2nd reading
Tuesday 16th December 2025 Lords Chamber

[Baroness Brinton (LD)]

My Lords, I thank the Minister for her clear introduction to the Bill this afternoon. The Liberal Democrats broadly welcome the principles behind the Victims and Courts Bill: strengthening support for victims, strengthening the powers of the Victims’ Commissioner and improving the court system. The current system is not just under severe stress; it is close to collapse. There are important changes that we believe need to be made for the courts service to be fit for purpose in this current era.

Because we do have some concerns and proposals to improve the Bill, some echoing amendments to it were laid by our Liberal Democrat colleagues in the Commons. I suspect that we will be discussing in minute detail the technicalities of improving systems for victims, as we did with the Crime and Policing Bill, the Sentencing Bill—currently going through your Lordships’ House—and the Victims and Prisoners Act 2024. That Act was saved in the wash-up in the run-up to the 2024 general election, but most of it was not commenced, other than the infected blood compensation arrangements. I wondered whether this was the legislation the noble Lord, Lord Sandhurst, was referring to, and I apologise if I have that wrong. But it was saved, and I have a question for the Minister, which I will come to in a minute.

We do not often hear enough about what victims, survivors or complainants—however they may choose to describe themselves—face, and how long it takes to recover. That is why I am so grateful that the many victims, NGOs and charities keep their voices in front of us.

The definition of a victim in Section 1 of the Victims and Prisoners Act is someone who suffers

“harm as a direct result of … being subjected to criminal conduct, or … one or more of the circumstances mentioned”

in a subsection. The key thing for me is exactly what “harm” entails. In the Act,

“‘harm’ includes physical, mental or emotional harm and economic loss”,

and

“‘criminal conduct’ means conduct which constitutes an offence”.

That is a good definition, a helpful starting point and a reminder to us that victims will have suffered physical, mental or emotional harm or economic loss, or been the victims of criminal conduct. Neither this nor the previous Government have commenced this section of the Victims and Prisoners Act, which remains disappointing. Do the Government intend to bring in this section of that Act?

In Section 1(4)(a) of the Victims and Prisoners Act, the clinical description of harm covers a wide range of experience. For example, harm can lie dormant in victims for many years, as with children sexually abused when young. We know it can take decades before they face up to what has happened, and that period, however long it is, can be mental agony, as well as physically distressing. Adults abused as children often say that their life remains irreparably changed by the experience. For some victims, the chance to see their perpetrator in the dock, and convicted, can be cathartic; but, for too many, the mental and physical anguish of this type of severe crime on and to a person just means that that experience continues to live on long after the court hearing.

We on these Benches’ starting point is that we have long called for more support for victims and survivors of crime. This Government are saying many of the right things and tomorrow, or on Thursday, we will see the strategy for VAWG, which is much welcomed and will be a key pillar in that support.

However, over the course of the last 18 months, we have seen that many good and worthy principles have not been followed through with priority or, worse, that there has been a lack of money to deliver the change that is actually needed. So I ask the Minister, will the Government guarantee to deliver the resources in order to make the ideas and words in the Bill and in the VAWG strategy, when it comes, happen?

Above all, there must be strategic and consistent planning and funding of the victim support service, for, without that, the service will not have victims at the heart of it, and it is likely that it will remain inconsistent across the country.

We welcome the strengthening of the Victims’ Commissioner role and the restriction of parental responsibility in certain heinous cases.

The areas of the Bill that we have particular concern with include an extension to the victim contact scheme to include victims of offenders sentenced to less than 12 months for violent and sexual offences; victims of coercive or controlling behaviour, stalking or harassment; and bereaved families in cases of manslaughter or death by dangerous driving. Access to free court transcripts for victims of criminal offences is increasingly important. This is broader than the original pilot and early proposals, but we believe it would be the right thing to introduce.

Other areas of concern include the provision of support for victims of online and technology-enabled crimes and the application of the victims’ code in respect of victims of murder, manslaughter or infanticide abroad. We have laid amendments on this subject in the past. The families of those killed deserve access to the same victim support back home in the UK as those whose family members were killed in the UK.

The Liberal Democrats have long sought to get restorative justice implemented broadly across the criminal justice system. When delivered with care and willingness on both the victim’s and the offender’s side, it can make a real difference to both parties. We laid amendments in the Commons on a victim’s right to referral and a duty to report on the use of restorative justice services, and we want to continue to make progress on this.

The government proposal to increase the period in which the Attorney-General may receive a request to challenge an unduly lenient sentence to 28 days, and the extra 14 days if submitted in the second half of the 28-day period, in our view remains too short. We supported the Official Opposition in some of their amendments in the Commons. Critically, it is unworkable unless a victim is notified when a sentence has been given, because the window to apply to the Attorney-General is too tight. I note, with regret, that the Minister said that the ULS was not an appeal mechanism for a victim. But many victims, on the rare occasion it might be used, should have access to it. One reason for that is that, too often, victims are encouraged by the CPS and the police not to be present at the end of a trial of the perpetrator, and they often miss the sentencing. Shockingly, too many are not even told about the unduly lenient sentencing arrangements and, within a very short number of days, cannot even submit a request to the Attorney-General. I have been laying amendments and proposing changes to the ULS scheme for some years now. We will continue to do so in your Lordships’ House on the Bill.

While the court proposals are in the main sensible, we remain concerned that there are very limited proposals to tackle the courts backlog. The announcements by David Lammy MP in relation to reducing the number of cases in front a jury has not helped. This Monday, 60 courts sat empty because of a lack of judges, barristers or other experts needed for court hearings.

There is little empirical evidence, proof or pilot, that shows that reducing juries alone will ease pressure on the courts system. The real problems are the poor buildings, court closures and legal aid cuts that penalise barristers and solicitors. A long-term commitment for investment is needed, with both restored funding to legal aid and capital investment in the courts of the future.

These are some of the key issues that need to be addressed in the Bill, but they are set in the context of giving a broad welcome to most of the Bill, while wanting to strengthen it.

Crime and Policing Bill

Baroness Brinton Excerpts

Committee stage
Tuesday 9th December 2025 Lords Chamber

[Lord Faulks (Non-Afl)]

My Lords, I have an amendment in this group. I repeat a declaration of interest I made at Second Reading: that I have appeared as a barrister in a number of the leading cases about limitation of the law of tort. The purpose of limitation periods is to give a claimant a fair chance to decide whether to bring a claim, but also to place some sort of time limit on claims. Limitation periods vary according to the cause of action—for example, defamation claims have to be brought within one year. Personal injury claims have always been in a special category. The normal limit is three years or, in the case of a young person, three years after attaining the age of majority. But because some personal injuries manifest themselves only some time after they have been caused, particularly those relating to disease claims, the law has responded by postponing the starting date to reflect something called the “date of knowledge”.

What constituted knowledge was difficult to encapsulate in statute and gave rise to a lot of litigation, particularly in the context of what are generally known as historic claims for child sexual abuse. But these difficulties were largely overcome by Section 33 of the Limitation Act 1980, which gave the court a complete discretion to disapply the limitation period. Although the section gave various sensible guidelines as to matters to be taken into consideration, the discretion was expressed to be entirely unfettered.

One difficulty of the law remained. In claims for deliberate acts of assault, there was a finite six-year limitation period, rather than a three-year extendable limit for claims in negligence, so some claimants did not have the advantage of Section 33. This problem was overcome by the decision of A v Hoare in 2008— I was one of the unsuccessful defendants in that case—when the House of Lords decided that, whether the claim was in negligence or in assault, there was still a discretion to disapply the limitation period.

The only question that remained was whether it would ever be too late to bring a claim in the light of Section 33. Lord Brown of Eaton-under-Heywood, a much-missed Member of your Lordships’ House, made this observation:

“If a complaint has been made and recorded, and more obviously still if the accused has been convicted of the abuse complained of, that will be one thing; if, however, a complaint comes out of the blue with no apparent support for it (other perhaps than that the alleged abuser has been accused or even convicted of similar abuse in the past), that would be quite another thing. By no means everyone who brings a late claim for damages for sexual abuse, however genuine his complaint may in fact be, can reasonably expect the court to exercise the section 33 discretion in his favour. On the contrary, a fair trial (which must surely include a fair opportunity for the defendant to investigate the allegations …) is in many cases likely to be found quite simply impossible”.


That passage was in fact referred to in the conclusions of IICSA, which decided that the three-year period should be removed, but that there should be

“express protection of the right to a fair trial, with the burden falling on defendants to show a fair trial is not possible”.

The Government responded to IICSA’s report and did not support getting rid of limitations. The Government acknowledged the importance of Section 33 and made this point:

“A limitation period also encourages disputes to be resolved timeously thus promoting finality and certainty. Both are key cornerstones of the legal system. As such, the Government’s opening position, ahead of consultation, is that it does not support this option”.


Nor did they support a special limit for claims arising from sexual abuse. I remind the Committee that, in 2017, in the case of Carroll v Chief Constable of Greater Manchester Police, the Court of Appeal emphasised the unfettered nature of the Section 33 discretion.

My question to the Government at Second Reading was essentially this: what cases do they envisage would now be allowed to proceed which would not have done under the current law? I do not expect an immediate answer, but the Government have now had plenty of time to consider their response. There was a consultation following the Government’s response that I referred to, but it was not particularly large and did not contain consistent answers.

Changing the law of limitation is best an exercise following the careful balancing of respective interests, perhaps by the Law Commission. What appears to have happened here is that the Government, notwithstanding the initial view that I referred to, have decided to come up with some sort of compromise. In doing so, I fear they have produced in Clause 82 a real dog’s dinner of a provision.

Clause 82 is headed:

“Removal of limitation period in child sexual abuse cases”,


but it does not do that. It specifically provides that sexual abuse is in a separate category from, for example, physical abuse, although this was precisely what the Government did not want when they responded to the original recommendations. It contains a rather unclear provision that, when a dispute has been settled, it will no longer be subject to these new provisions. It probably does not include discontinued claims or claims settled otherwise than by way of a formal agreement.

New Section 11ZB contains some very unclear provisions as to the circumstances in which the court can dismiss an action, while at the same time containing in new subsection (2) the provision:

“The court must dismiss the action if the defendant satisfies the court that it is not possible for a fair hearing to take place”.


The interrelationship of new subsections (2) and (3) is incoherent and will inevitably result in litigation. The lack of clarity on what is and is not sexual abuse, and what is and is not settlement, will, I fear, also give rise to litigation.

I agree with the Opposition Front Bench’s probing amendment that we should get rid of new Section 11ZB(3), but that would leave a repetition of what the law is anyway and would not deal with the points about what constitutes sexual abuse or settlement via agreement. My conclusion is that there is absolutely nothing wrong with the law as it is. This rather messy compromise will give rise to unnecessary litigation and I am unsure it will provide remedies where remedies are not already available.

Sexual abuse, particularly of children, is abhorrent, and we now know there has been far more of it than was originally perceived. It is, however, important to point out that claims are not usually made against individual perpetrators; one can understand why there would not be much sympathy for a claim being brought, however late, against such a perpetrator. The usual defendant is, for example, a school, religious organisation, local authority or even central government. They may or may not have any knowledge of what happened but, because of the expanded doctrine of vicarious liability, will be deemed in law to be responsible for what occurred. They may or may not be covered by insurance.

As Lord Brown pointed out, there will come a time when it is quite simply inappropriate, many years later, for claims to be brought before the court. However sympathetic one is to the victims of sexual abuse, the law currently caters adequately for the balance between the interests of claimants and defendants. If we include Clause 82 in the Bill, I fear we will make bad law. The clause should not stand part.

[Baroness Brinton (LD)]

My Lords, I have signed Amendment 289. This is the first opportunity I have had to speak in Committee because of family illness, and it is good to be back.

In a previous group of amendments last week, the Committee heard the concerns of a number of Peers worried that the Government’s proposals might not ensure a fair route to reporting child sexual abuse. This amendment is just as important, and I thank the noble Lord, Lord Davies of Gower, for tabling it. I also thank the noble Lord, Lord Faulks, for his helpful exposition of the legal details. I come to this as a champion for victims, rather than from the legal perspective.

Despite the many concerns about those accused of child sexual abuse being able to escape from the accountability provided by the courts, the Bill, in Clause 82, lines 3 to 11, lays out a specific route for those accused who the courts “must”—a strong word; we note that it does not say “consider”—cease action against if the defendant in question claims

“there would be substantial prejudice to the defendant”

if the proceedings were to proceed. To put it bluntly, this is a gift to any defence lawyer. Much of the evidence heard by the Independent Inquiry into Child Sexual Abuse was scenario after scenario where senior people—clergy, politicians, police officers, magistrates and so on—were able to cover up what had happened because they were in a position of power over the victim, and, quite often, over potential witnesses too.

--- Later in debate ---

Moved by

[Baroness Brinton]

293: After Clause 82, insert the following new Clause—
“Removal of limitation period for historical child sexual offences(1) The Sexual Offences Act 2003 is amended as follows.(2) In section 9 (sexual activity with a child), after subsection (3), insert—“(4) An offence is committed under this section regardless of when the offending activity was committed.”.”Member's explanatory statement
This new clause ensures there is no limitation period for offences under section 9 of the Sexual Offences Act 2003.

--- Later in debate ---

[Baroness Brinton (LD)]

My Lords, Amendment 293 in my name is very straightforward and necessary. Victims of child sexual abuse and other offences often do not come forward themselves at the time of the offences. Research has shown that, on average, it takes around three decades for a survivor to get the courage to come forward—and then even longer to get to court. As a result, almost all abuse claims are brought outside the statutory time limit. The problem is that, if the survivor cannot convince the court that a fair trial is possible, the claim falls and the victim can never get justice.

All the various strands of the independent inquiry into child sexual abuse, which were referred to earlier—including the Westminster report, the Anglican Church report, the Catholic Church report and the children in custodial sentences report—said that it was usually decades after the offences that victims reported what had happened. Frequently, this then gave other victims the confidence to come forward too, in exactly the way that happened after the BBC presenter Nicky Campbell spoke up in 2022 about the abuse at his school, the Edinburgh Academy, decades before. The abuse there involved arbitrary violence on boys under 11, including choking, throwing them down stairs and various other disgusting forms of abuse.

In September 2023 an ex-teacher, Russell Tillson, was jailed for sexually abusing boys. Beginning in the 1980s, it continued for 20 years, but allegations were first made only in 2018, nearly a further two decades after the teacher had retired. Both cases are absolutely typical of the behaviour of perpetrators and, indeed, of victims.

Earlier this year the Government said they were minded to consider removing the limitation period, but we believe that it needs to happen now and be in the Bill. The amendment seeks to remove any limitation period for historical child sex offences. It just must not be possible for a perpetrator to escape justice because the victims were too traumatised to come forward until years later. I beg to move Amendment 293.

[Baroness Chakrabarti (Lab)]

My Lords, I support the amendment from the noble Baroness, Lady Brinton. I need not take very long, because she has explained her very straightforward amendment impeccably. After the brilliant previous group led by the noble Baroness, Lady Bertin, and her team, perhaps there is no need to go into all the quite serious sexual contact included in Section 9 of the Sexual Offences Act that need not necessarily be tried in the Crown Court.

I support the amendment for two simple but important reasons. First, there is some very serious sexual activity with children that could be tried in the magistrates’ courts—there is not necessarily a problem with that. Secondly, there is the obvious reason of historic child abuse and victims coming forward sometimes only many years after the fact. Those are very good reasons to depart from the norm of the six-month time limit and, indeed, to have no time limits at all.

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[Baroness Levitt (Lab)]

The noble Lord has explained it rather better than I did.

[Baroness Brinton (LD)]

I am very grateful to everyone who has spoken. I am probably the only non-lawyer in this debate, and as it is my amendment I feel something of a duffer.

I am very grateful for the advice. I came to this amendment after reading the recommendations of IICSA, and what concerned me particularly was picking up that people who had come forward years afterwards were told that things were timed out—that might have been a decision by the CPS to say that it felt that it would not be effective going to trial. However, I very much appreciate the points made by the noble Baroness, Lady Chakrabarti, because I have experience of the issue of which court deals with issues through my interests in stalking and other domestic abuse cases, where often that is the place that things happen. All the description that has been given for “no time limits” has not been for the magistrates’ court, excepting the detail that the noble Baroness provided, which is way beyond my knowledge.

There is the difficulty that Professor Jay reported. In two cases where I was heavily involved with the victims, decisions were made initially by the CPS and the victims were told that they had timed out. That may not have been the case, but that is what they were told. In another case, when there were three pupils from the same school all giving evidence, none of them knowing each other, the first victim was told by the judge, “Yours is over 20 years ago; you can’t possibly remember what happened and therefore it’s timed out”. That is what is happening in the practice of the courts. Professor Jay’s report spoke to the experience of the victims. We have gone into extraordinary technical detail that many victims would be completely oblivious to. I would be very grateful for a letter. If there is an easy solution, it may just be that it needs to be clarified with the police and the CPS. There are a lot of unhappy victims out there. With that, I beg leave to withdraw my amendment.

Amendment 293 withdrawn.

“Hillsborough Law”

Baroness Brinton Excerpts

Thursday 24th July 2025 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

As I think I said in answer to an earlier question, the Government have been quite clear that, under the duty of candour, public officials will be bound by that duty, with criminal and professional consequences—the noble Lord is shaking his head. What I also said is that we think there needs to be a wider cultural change and there need to be other programmes put in place to achieve this. If I can provide more detail, I will happily write to the noble Lord, but I think that we are being very genuine and explicit in the ambition that we have set forth, that a duty of candour will be at the core of all public officials’ roles.

[Baroness Brinton (LD)]

My Lords, we will shortly be hearing a Statement, yet again, on the infected blood compensation scheme. Last week, we heard about the continuing problems with the Post Office Horizon scheme. Both scandals were made much worse over decades because of the lack of candour by officials. In opposition, Labour—including the Minister, many of whose amendments on the duty of candour I signed—said that it would introduce that duty to prevent scandals such as these in the future. But the press are reporting that the delay is caused by officials watering down the details, including the level at which officials are bound by the duty of candour. Can the Minister confirm that there is no truth in this?

[Lord Ponsonby of Shulbrede (Lab)]

I think that is, if I may say so, a similar question to that from my noble friend Lady Chakrabarti. I have heard that the ongoing discussions are in fact reasonably positive, and we are very hopeful of reaching an agreement in the coming weeks and months. It is certainly not the intention to water down recommendations; however, it is our intention to come up with a workable Bill that forms part of a wider work programme. As I think I said in answer to the noble Lord, Lord Alton, we have also put in place this website where people can monitor how the Government are making progress on other recommendations on other scandals, such as the infected blood scandal and the Grenfell scandal.

Infected Blood Compensation Scheme Regulations 2024

Baroness Brinton Excerpts

Monday 21st October 2024 Lords Chamber

Moved by

[Baroness Brinton]

At end insert “but that this House, while welcoming the progress made to compensate eligible infected persons, regrets that close family members and carers affected by the infected blood scandal are not included in the Regulations, as recommended by the Inquiry”.

[Baroness Brinton (LD)]

My Lords, I start by saying that I shall not call a vote on my regret amendment. It is important to avoid any delay to the infected blood victims receiving either interims or full compensation settlements—it would be wrong. However, I have a number of questions relating to this instrument and to the one that the Government say that they will lay next year. It is good to see the Minister in his place, as well as the noble Earl, Lord Howe, on the other Benches, because it was we three who debated this in detail during the passage of the Victims and Prisoners Bill.

I understand that these are complex matters, but at the root of them is the vital and delicate issue of trust with the victims of this scandal. Would the Minister meet me, as well as writing to me with some of the detailed answers to my questions that I have today, which I appreciate that I have not been able to give him advance sight of? I also thank the Secondary Legislation Scrutiny Committee, and the Minister for responding to its concerns. In its second report of this Session, it points out that the Explanatory Memorandum is

“overly complex and technical, while lacking basic information”.

At paragraph 44, it points out that there is “no clarity” about how many infected persons will have been paid by the end of this year.

The September Statement from the Paymaster-General talked about a “user group” testing out the new scheme. Can the Minister confirm that this user group, or the group that he described a couple of minutes ago—the “test and learn” group—comprises only 20 people? Will those 20 people be paid by the end of this year and how many others of the eligible infected persons will receive their settlements by the end of this year? Is there now a likely time when those infected persons already in the system will have received payment?

The main reason I move this regret amendment is that the regulation in front of us today does not deal with the group of victims called the “affected”. As the Minister said, these are the wives, partners, parents, children and siblings of infected victims. The Victims and Prisoners Act, passed on the last day of Parliament before the general election, sets out in Section 49 the definition of the two groups of people entitled to compensation under the scheme. The outgoing Government were absolutely clear that they wanted the regulations for the compensation scheme within three months of passing the Bill, which is why this regulation, 872, was laid on 24 August, in the depths of recess, and brought into effect immediately under the emergency processes. I am very grateful to the Paymaster-General for telephoning me on 22 August to explain that the Government were keeping to the arrangements made by the previous Government.

--- Later in debate ---

[Lord Ponsonby of Shulbrede (Lab)]

I thank both the noble Baroness, Lady Brinton, and the noble Earl, Lord Howe, for their very thoughtful discussion of the regulations. I recognise they have both had long experience of these issues. As the noble Baroness, Lady Brinton, said, the three of us were involved in the passing of the Victims and Prisoners Act, which was a precursor to these regulations.

In response to the very last question of the noble Earl, the Government are aiming for a second set of regulations to be in place—regarding affected people—by 31 March 2025. It is our intention that people who are affected can start receiving payments in 2025. That was in my original speech and that is the Government’s commitment.

I will make a general point before I start trying to answer some of the individual questions. It is in the best interests of everybody that the House continues to work collaboratively on this issue—both for infected and affected people. All sides of the House acknowledge the British state has failed the victims, and these regulations are a step on the road to addressing the infected victims.

Of course I will agree to meet the noble Baroness, Lady Brinton, and the noble Earl, Lord Howe, if he so wishes. I will write with detailed answers if I fail to answer any of the questions—no doubt I will fail to answer some.

As the noble Earl quite rightly said as he introduced his comments, these regulations are fulfilling one element of Sir Brian Langstaff’s report. A lot of the questions have been about the second element: the affected people. As he rightly said, 69 of the 74 recommendations were accepted.

On the bulk of the speech by the noble Baroness, Lady Brinton, which was about the affected people, the timetable available to develop these regulations was necessarily limited. The regulations prioritise people who are infected as a result of the infected blood scandal. Where people have sadly died, the recommendations make provisions for claims under their estate. This ensures the Infected Blood Compensation Authority can start delivering the compensation scheme for the infected, as per its statutory function.

The Government’s decision to split, and therefore sequence, infected and affected regulations was taken with the reassurance that it would allow orderly implementation of the legal framework without impacting or delaying the delivery timetable for payments to infected and affected victims. Subject to parliamentary approval, the Government are aiming for the second set of regulations to be in place by 31 March next year, as I mentioned, with an expectation of beginning payments by the end of the year.

The noble Baroness, Lady Brinton, also asked about the eligibility of affected siblings and children. The scheme’s definition of siblings is based on the recommendations made in Sir Robert Francis’s compensation framework study. The definition recognises the likely heightened impacts on a sibling living with an infected person during childhood. This is not to dismiss or deny the suffering of those who were adults when their siblings were infected. Individuals who were adults when their sibling was infected may be eligible for compensation through the scheme as a carer. Siblings will be eligible where under the age of 18 they lived in the same household as an infected person for the period of at least two years after the onset of the infection. Similarly, the scheme’s definition of children of the infected person is based on the recommendations made in Sir Robert Francis’s compensation framework study. The scheme recognises the likely heightened impact on a child who was under 18 while living with a parent who was infected.

I hope that provides some clarity to the noble Baroness. However, I will also acknowledge the examples she gave of the terrible effects on affected people and the terrible experiences, some of which she spoke about. It is absolutely not right to suggest that affected people are somehow second-class citizens. That is not right; it is just a practical decision which the Government have made to try and progress these matters as soon as possible. These regulations are for the infected group, but I have set out as clearly as I can what the Government’s intentions are for the affected group.

The noble Earl, Lord Howe, spoke about the complexity of regulations and the Explanatory Memorandum. Work is under way on a second set of regulations. We will take on board the committee’s helpful feedback when drafting the Explanatory Memorandum for those regulations. We recognise the point made by the SLSC on the complexity of these regulations, but it is absolutely the Government’s intention to carefully consider the committee’s report and findings.

The noble Earl asked about the two channels of funding: the core route and the IBCS route. This is an additional level of complexity, but it was recommended by Sir Robert Francis because it was the wish of the infected group that the existing method of funding should continue. Because we accepted that recommendation, that inevitably adds to the complexity.

The noble Earl also asked about psychological illness, and in particular whether recommendations were accepted by the report. I am afraid I do not know the answer to that, but I will write to the noble Earl and the noble Baroness about it.

The noble Earl also raised Treloar’s school and unethical experimental research on certain young children. It is absolutely not the intention that this particular scandal should lead to any delay in the rollout of infected or affected compensation, but we recognise the particular, scandalous nature of what happened to those victims.

In conclusion, we regard the timetable as realistic. In opposition, we worked constructively with the then Government, and we have continued working as practically as possible to try to move the timetable forward. All of us across this House must continue to work collaboratively. These regulations ensure that we can finally deliver compensation to those who fought so hard; they deserve nothing less. I beg to move.

[Baroness Brinton (LD)]

My Lords, I thank both the noble Earl, Lord Howe, and the Minister for their contributions to this debate. We are all broadly on the same page. I do not think there is a difference on the principles of moving ahead, and certainly absolutely no intention on my part to try to slow down or block the approval of the regulations today.

I will not go through the arguments we have all made, but the key thing the Minister did not cover was the issue of communication, which seems to me to be the most important thing moving forward. If there is confusion and distress on the one hand, and complexity and a large number of recommendations being modified on the other, it is absolutely understandable that the affected and the infected may have concerns about what is going on. I really hope that when we meet, the Minister will talk to us about what he plans to do.

I pay personal tribute to the noble Earl, Lord Howe, for the way he worked with the communities over the years. That baton has clearly been handed over to the other side of the House. We need to rebuild trust; there are a lot of very distressed people out there at the moment. With that, I beg leave to withdraw my amendment.

Amendment withdrawn.

Victims and Prisoners Bill

Baroness Brinton Excerpts

Consideration of Commons amendments
Friday 24th May 2024 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, my noble friend Lady Brinton will respond to most of these items. I cannot resist wondering whether she will comment on whether it is inappropriate to rush towards the duty of candour given the history of the item, but I want to speak particularly to Motion E regarding data sharing for immigration purposes. This amendment has an unhappy history: we have never succeeded before, and I know we will not succeed today—as I say that, I look at the noble Baroness, Lady Meacher, in whose name the amendment was tabled to this Bill.

The threat comes from abusers, often domestic abusers, but other abusers as well. In saying to someone who has immigration status that they are illegal, it is irrelevant that that is inaccurate: the abuser provokes fear, and this trumps everything in the mind of the person who is affected. Sadly, for some people, this amendment would be highly “appropriate”, picking up the words in the Commons reason, and the circumstances are immigration control. But for the Home Office, immigration control, even if this amendment is not really about immigration control, trumps everything. The Home Office has previously resisted attempts to control data sharing, so this is no surprise, but we will not pursue it today.

[Baroness Brinton (LD)]

My Lords, it seems only 24 hours ago that we were discussing these amendments. Indeed, we were. There has been some progress made, for which we thank the Government from these Benches. It may not meet everything that we were seeking, but there has been some clarity on some of the issues.

On Amendment 33—the training support and the alternative offer from the Government—the reason that those of us who supported it really wanted to see it is the lack of consistency in training between police forces and other parts of the criminal justice system. Although the Minister says that is expensive, it is also very expensive when mistakes are made because the training has not been adequate. We put on notice that this is yet another of the items that will, I suspect, appear as amendments in the future.

I completely support everything my noble friend Lady Hamwee has said on the immigration firewall, and I will not add any more to that. The review of the duty of candour for major incidents is welcome, given that the Government would not agree to Labour’s amendment on it. I hope the review will look at not just major incidents but the duty of candour widely in the public sector, because I am not sure, for example, that the infected blood scandal would have appeared as a major incident for perhaps a decade, or two decades, or even longer. I hope those involved with that committee will look at that, but we welcome the review.

On the MAPPA points, I think that is a helpful amendment, and I can understand why it has been laid. From these Benches, we would like to see it in operation to make sure that it works.

The final point I want to come to is on the Government’s own amendment to the eligibility for home detention curfews. I am very pleased that the Minister specifically mentioned that those convicted of stalking, even with sentences of under four years, will not be able to access home detention curfew. We spent some considerable time during the passage of the Bill also discussing why it is often the case that the CPS charges people with things other than stalking. Those people who are known to be stalkers, but are convicted of a lesser crime, still pose the same risk, particularly when they have been multiple offenders. We urge the Government from these Benches to make sure that the CPS looks at charging stalking and a lesser offence because we believe that that is a problem for many of the things that have been progressed during the passage of the Bill.

I will say very briefly that I am very grateful to the noble Baroness, Lady Newlove, for her help as the Victims’ Commissioner, and to the Domestic Abuse Commissioner and the London Victims’ Commissioner —who is in the Gallery today—and all their teams. They have briefed your Lordships’ House to help the progress of this Bill. The London Victims’ Commissioner and I were remembering that it was 14 years ago that the stalking inquiry report was published, and much but not all of that has been enacted. I hope that future Governments will make sure that we can better resolve stalking cases in the future.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, we welcome the discussions that have taken place in the usual channels to ensure that the calling of the election does not unduly disadvantage victims who have waited for many years for this legislation to be brought forward. We on our side have strived to be collaborative throughout the Bill’s progress and, while we have not been able to achieve everything we would have liked, we acknowledge that the department has been willing to negotiate on some matters and make a number of amendments in lieu.

It is a shame that my noble friend Lady Royall’s amendments on stalking were not successful as part of the negotiating process. On stalking and the eligibility for home detention curfew, I thought that the noble Baroness, Lady Brinton, made a very interesting point about the CPS charging stalkers with alternative offences as well. As I have said in other debates, I have dealt as a magistrate with stalking matters relatively recently. If lesser charges of harassment can be pressed in the alternative, the court would have better choices to make when determining guilt or otherwise. I thought that that was an interesting point.

The noble Baroness, Lady Brinton, did not mention unduly lenient sentencing. While that was not part of the wash-up agreement, the Government nevertheless committed from the Dispatch Box to keep unduly lenient sentencing under review. As far as I can or cannot commit any future Government, I think it is something that any Government would want to keep under review, as the amendment from the noble Baroness, Lady Brinton, is important.

We also welcome the amendment in lieu, Amendment 32A, on the duty for agencies to co-operate with the Victims’ Commissioner. I congratulate her on all her sterling work on this Bill. This does not go quite as far as we asked, but it is an improvement, nevertheless.

The Labour Party remains committed to introducing a statutory duty of candour. It is a shame that the Government have not felt able to go further, but at least there is a review in the Bill.

We are pleased that the infected blood provisions will make it on to the statute book and be commenced at Royal Assent, and we welcome the recent government Statements and hope that compensation will get to people as early as possible.

On IPP, we have tried to work collaboratively across party lines and there is further work to be done. We want to ensure that solutions proposed are robust and assessed with public safety in mind, and we will work at pace, consulting widely on potential ways forward.

We of course welcome the concession on controlling or coercive behaviour and the MAPPA process, in Amendment 99A. It is an important marker, but only part of a bigger picture where violence against women and girls needs to be addressed. There is more work to do, but passing this Bill is an important step towards a new era of transparency and advocacy for victims of crime.

In conclusion, I thank my honourable friend Kevin Brennan for steering Labour’s response to the Bill through the other place and my noble friend Lady Thornton for her support for me during the passage of the Bill. I also thank our advisers, Catherine Johnson and Clare Scally.

Finally, I thank the noble and learned Lord, Lord Bellamy. I also thank his civil servants, who have been extremely helpful to me and, I know, to many other noble Lords who have taken an interest in this Bill. Turning back to the noble and learned Lord, I know he will say that he works as part of a team, but the team needs a leader and he has been the leader for this Bill in this House—and that has been to the benefit of all noble Lords who have taken an interest in the Bill.

The Bill is an accomplishment. It is only a step in the road, and I hope we can work on the progress that has been made in any future Governments who may be formed.

Victims and Prisoners Bill

Baroness Brinton Excerpts

3rd reading
Thursday 23rd May 2024 Lords Chamber

[Lord Russell of Liverpool (CB)]

My Lords, I will speak very briefly. I pay tribute to the noble Baroness, Lady Morgan, for her persistence and skills in negotiating with her own party, which is possibly easier than doing it from outside the party.

I stress the absolute importance of giving crystal clear guidance. The occupation of data controller is not necessarily high on the list of most of us as a potential career. I suspect that it is not the most exciting part of many bureaucracies. I also suspect that it is an area where one follows the rulebook, or what one perceives to be the rulebook, particularly closely. I suspect that the ability of individuals to feel that they have the power to exercise their own judgment is somewhat limited and probably not encouraged. It is incredibly important that there is absolutely no doubt in the mind of even the least curious or the most obdurate data controller as to what is and is not acceptable in terms of erasure.

Other than that, I thank the Government for having thought about this carefully, and for having responded. I hope that as a result of this, the data controller in Waltham Forest who is making Stella Creasy’s life rather difficult will at least read this debate or be told of it and will rethink his or her decision to not erase the data.

[Baroness Brinton (LD)]

It is my privilege to follow both the noble Lord, Lord Russell, and the noble Baroness, Lady Morgan. I signed this amendment and continue to offer my support. I echo and agree with everything they said.

I have slight concerns that this is not just an issue about the data controller; it is also about social work practice. That really worries me, because there is a mindset that says that if anyone makes a complaint, we have to have it on the record just in case for the future. I hope that the government amendments are sufficient to provide an answer, but should we discover either that Stella Creasy’s case is not dealt with or that there are others, I put all future Governments on notice that there is a team in this House that will return to the subject.

[Lord Watts (Lab)]

I will make just one point to the Minister: will the direction and guidance given to the data controller say that the information being found to be vexatious will be an automatic reason to delete it? As soon as something is found not to be true, it should be deleted and the data controller should have the obligation to remove it straightaway.

--- Later in debate ---

[Earl Howe (Con)]

My Lords, certain noble Lords wish to speak to this Motion.

[Baroness Brinton (LD)]

My Lords, I am very grateful for the opportunity to raise some issues that have arisen since the publication of the framework and tariffs for the new infected blood compensation scheme on Tuesday afternoon. I thank the noble Earl and John Glen for providing the details to make that possible, and the usual channels for ensuring that the work done so far is not lost but carried through.

However, over the last 24 hours, we have heard from a substantial number of members of the infected blood community who are distraught by the detail that has come out in the framework and tariffs, which seem to be at complete odds with the schemes that have gone before. I have a long shopping list of over 20 points; I will not detain the House with them, but I forwarded them to the Minister in advance of this debate. I will raise two or three as illustrations.

Under the new framework, there will be no distinction between chronic hepatitis B and C in calculating infection. There is no consistency about other diseases; for example, variant CJD has been left out of the new scheme but was included in the old one, as has Hodgkin lymphoma and possibly other cancers. Many people believe that the Government’s proposals still mean that the current schemes will be closed down, leaving them worse off, and that the Government have an incentive to wait longer to pay compensation. They need great reassurance and clarity that that will not be the case, because that is not evident in what was published on Tuesday afternoon.

Can the Government provide a breakdown of how the core route awards examples have been calculated? That would be helpful, even if only to say that there will be further information published online. There are concerns about the illustrative awards being worded as

“for a living infected person”

and not simply an “infected person”. Given that your Lordships’ House has debated a great deal of the wonderful news that estates will also be able to claim, does that mean that estates will be excluded from this part of the scheme?

Noble Lords can see that there is a lot of detail here. A community that thought, on Tuesday morning, that everything was going to be all right are now very concerned that there are a large number of anomalies that need to be corrected. I will not go on, except to say that I am really grateful for all the help that the Minister has given, and I hope that he can provide some reassurance.

[Baroness Campbell of Surbiton (CB)]

My Lords, I will be brief because I know that time is of the essence. I pay tribute to the noble Baroness, Lady Brinton, for her sterling work on this Bill. She has given great comfort and strength, as well as enormous amounts of information, to the infected blood community, so that they can keep up with what we have been doing in this House up until today. She is right that there is now confusion in the community.

At the end of a very long day on Monday, I had thought that I might just get a day off, but by Tuesday my phone was ringing off the hook, and I became a helpline to many in the infected blood community who have the concerns that the noble Baroness, Lady Brinton, just described. I urge the Minister to give a little more clarity, if he can today, so that we can go back and continue to give reassurances to a community that has been campaigning and working towards this week for probably 35 years. I thank the Minister for his open door, because we have been going in and out of it for weeks. I, for one, really appreciate his support and help.

Victims and Prisoners Bill

Baroness Brinton Excerpts

Report stage
Tuesday 21st May 2024 Lords Chamber

[Lord Russell of Liverpool (CB)]

My Lords, I am very happy to add my name to both these amendments, and I pay tribute to the noble Baroness, Lady Royall, for the many years that she has pursued this subject—seemingly to no avail but cumulatively, the more people hear about it, the more we might finally get something done. As I was listening to the powerful examples she was giving, I was mindful of the maiden speech of my noble friend Lady Casey of Blackstock, which some noble Lords may have heard recently, where she repeated the litany of women, mainly, who have died at the hands of their male partners which Jess Phillips MP normally gives every year. The litany will go on and on until we have the moral courage to face up to this and to the fact that what we have currently is not working.

Why do we persist? I draw your attention to Hansard of 26 February of this year, which was our sixth day in Committee, and I will read directly from the words of the Minister, the noble Lord, Lord Roborough:

“The Government agree that robust management of perpetrators of domestic abuse and stalking is crucial to help keep the public safe. We completely agree with the spirit of these amendments; however, we believe the objectives can already be met through current provision and policy”.—[Official Report, 26/2/24; col. 860.]


We then go to the Minister again, who gives us an example of how well the current system is working:

“The VAWG strategy confirms the Home Office will work with the police to ensure all police forces make proper use of stalking protection orders. Among other actions, in October 2021, the then-Safeguarding Minister Rachel Maclean MP wrote to all chief constables whose forces applied for fewer orders than might have been expected to encourage them to always consider applying for them. In February 2023, the former Safeguarding Minister, Sarah Dines MP, did the same”.—[Official Report, 26/2/24; col. 862.]


It goes on and on. The evidence is that the current system does not work.

In a meeting which the Minister kindly had with us to discuss some of the issues around stalking, we referred to the voluminous evidence put forward by the Suzy Lamplugh Trust in its super-complaint to the Government. This super-complaint will have a response from the Government, probably within the next two months, and in that meeting we exhorted the Government to look carefully at its evidence. Given the opportunity we have in this Bill to try and put it right now, rather than go through the charade of having the Government’s reaction to the super-complaint, more discussions about it, and then perhaps more discussions about what might be done, why do we not actually pull our finger out and do it now?

I entirely agree with the two amendments that the noble Baroness has put forward and I ask all noble Lords in the Chamber to consider very carefully supporting them when, as I think she will, she divides the House to see how we feel.

[Baroness Brinton (LD)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Royall, and the noble Lord, Lord Russell. I also thank Laura Richards, Claire Waxman—the Victims’ Commissioner for London —and the Suzy Lamplugh Trust for their consistently helpful briefings for us. I am very moved by the powerful examples that the noble Baroness gave us and I agree with everything that she and the noble Lord said.

I just want to reiterate the point that we as a group keep making, which is that the government arrangements often mean that stalkers are missed out. They are often mischarged with other crimes, such as harassment or malicious communication. It is common for the National Stalking Helpline to see high-risk stalking cases managed as low-level nuisance behaviours or even as isolated incidents, and as a result fewer perpetrators are convicted and even fewer sentenced to 12 months or less.

There are also some concerns. The Minister has told us that the Home Office domestic abuse and stalking perpetrator intervention fund for last year was made available for PCCs to commission services covering all forms of stalking, including non-DA. However, there were a disproportionate number of funds apportioned to DA-specific stalking services or even DA services that do not address stalking at all, or claim to address stalking but without any stalking expertise. Some 65% of awards in this grant were solely for domestic abuse interventions, with no stalking provision. The problem is that whatever we say here is not ending up on the front line, so can the Minister tell us how the Government propose to manage a more comprehensive approach for stalking perpetrators?

The Suzy Lamplugh Trust has provided plenty of evidence over the years, and indeed in its super-complaint, about how investing in perpetrator management saves money. It saves money because there is no constant repeat of crimes committed by these obsessed and manipulative stalkers, and it helps the state as well. On that basis, from these Benches we support the noble Baroness, Lady Royall, if she wishes to call a vote on these two amendments.

[Baroness Thornton (Lab)]

My Lords, I shall be brief. My name is on this amendment, and indeed, I spoke to similar amendments in Committee. It was a great pleasure to do so, but I regarded myself, as I said at the time, as a substitute for my noble friend Lady Royall, who indeed has the most tireless record of championing this cause and taking every opportunity to remedy the problem. We are presented with an opportunity here. Guidance is not working. That is the problem. We have to put these modest amendments into the Bill because we know that guidance is not working. It is not good enough, and it means that it is a postcode lottery as to whether action is taken in the way that is necessary, and it makes a hit and miss system for whether or not women’s lives are saved. That is not good enough. It is time. We need to put both these amendments in the Bill. We owe it to the victims of stalking to ensure that the police everywhere will see stalking for what it is: often a stepping stone to something worse. It is time we did that.

Victims and Prisoners Bill

Baroness Brinton Excerpts

Report stage
Tuesday 21st May 2024 Lords Chamber

[Baroness Brinton (LD)]

My Lords, from these Benches, and in the absence of the noble Lord, Lord German, I want to say that we have had a fascinating, amusing, witty, but actually very important debate. We on these Benches completely support everyone who has spoken so far. I know that there is no question of moving to a vote, but it is something that we fundamentally believe in.

[Baroness Thornton (Lab)]

My Lords, from these Benches I express irritation that we have these in the Bill at all. We have spent the last two or three months working across the House, improving and building a new framework for victims. It is, let us just say, very puzzling that these are in the Bill.

--- Later in debate ---

[Earl Howe (Con)]

My Lords, I shall speak to Amendment 156BA and to the three further government amendments in this group. Yesterday’s publication of the infected blood inquiry’s final report has laid bare the devastating tragedy and suffering that far too many people have endured as a result of the infected blood scandal. I trust and hope that the House is assured of the Government’s commitment to compensate victims of this dreadful scandal, and to do so as quickly as possible. Noble Lords will have seen that I have withdrawn government Amendments 162 and 165, which would make early commencement provisions for the establishment of the infected blood compensation authority and interim payments to the estates of deceased infected people. Having done so, I am now proposing to replace those amendments with government Amendment 162AA, the effect of which is to ensure that all provisions under Part 3 will be available to government on Royal Assent. This will ensure what I know is the wish of all noble Lords: that there will be no unnecessary delay to implementation of the infected blood compensation scheme.

This group also contains further consequential amendments—government Amendments 157CB and 157CC—which allow for consequential amendments of other legislation to be made to ensure that the legislation operates as intended. I beg to move.

[Baroness Brinton (LD)]

My Lords, from these Benches, we are very grateful that the Government have agreed to move forward with these amendments. It is extremely important that things move at pace. Obviously, there is always a bit of concern about a regulation that can revoke primary legislation, but given the circumstances, it is completely understandable. Given the lateness of the hour, I will stop there.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I agree with the noble Baroness, Lady Brinton. We welcome these amendments.

Victims and Prisoners Bill

Baroness Brinton Excerpts

Report stage
Tuesday 23rd April 2024 Lords Chamber

Moved by

[Baroness Brinton]

19: Clause 2, page 2, line 36, 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 the court’s summing up and sentencing remarks from a trial in which—(a) the person was a victim of a crime, and(b) that crime is tried in a court where the hearing is recorded.”Member's explanatory statement
This amendment will provide all victims with a right to free transcripts of the sentencing remarks and the judge’s summing up where the trial takes place in a court where the hearing is recorded.

[Baroness Brinton (LD)]

My Lords, Amendment 19 in my name was originally proposed by my honourable friend Sarah Olney MP in another place. It highlights a scandalous failure towards victims, especially in the most serious crimes such as rape, serious sexual assault and stalking. It is completely unacceptable in this day and age that victims are forced to pay thousands of pounds to access a transcript of their own case while defendants can access them as part of their basic rights.

Let me quote:

“Accessing transcripts from proceedings in serious criminal cases is not only a fundamental right of victims but is also essential for maintaining transparency and accountability within the justice system”.


These are not my words, or Sarah Olney MP’s words; they are the words of the Government’s own Minister, Mike Freer.

In order to recover and cope, victims and family members need to be able to understand the reason a verdict has been reached, or the reason a certain sentence was imposed. Without this, many are left traumatised and are unable to move on with their lives. We have heard from many victims, saying they are constantly advised by the police and prosecutors not to attend a trial after they have given their evidence and, worse, not to attend sentencing hearings. Letters from the witness care unit literally capitalised the word “NOT” in “You are NOT required to attend”. Furthermore, videolinks to observe trials are rarely offered or facilitated for victims or bereaved families.

Unfortunately, the Government have cited the cost of court transcripts delivered through contracts with private, profit-making companies, and these prices can be prohibitive. With that, we agree. While the average sentencing remarks may only be £45 to £60, according to the Government, many complex cases can be significantly higher just for these comments—up to £200. The judge’s summing up can be higher still and we have heard of figures of over £500.

We are very grateful to the Government, and to the Minister particularly, for the meetings we had since Committee. We note that there is a pilot proposed. While the pilot proposed by the Government is welcome for these victims, it simply does not go far enough. It would, for example, not support the mother whose partner attempted to murder her and who is unable to move on. The pilot is very narrow in scope, running only for one year, only applying to victims of rape and serious sexual offences, and only giving access to sentencing remarks. Furthermore, we are not quite sure that the Government are clear on what they are hoping the pilot will achieve or demonstrate. We have discussed, with the Minister, the issue about data, and that remains an issue.

Ministers have suggested that transcripts are expensive to produce manually and the technology to automate the process is either expensive or not yet up to the standard. We do understand this point from the Government. This is why my amendment has been tabled, following discussion in Committee. Automation of the process at this stage would be needed only if the cost of producing transcripts was beyond the reach of government. In limiting this amendment to only sentencing remarks and summing up, we believe the cost, while prohibitive to many victims individually, is able to be taken on by the Government to provide open justice.

In conversations, the Government have questioned whether sentencing remarks really present a barrier. We know that they do, and I will give two very brief examples in a minute. Ministers have, on at least two occasions, said victims can go to a Crown Court and listen to the relevant audio recordings from the trial but may not record it themselves or transcribe it. This is wholly impractical, unknown among professionals, and we have never seen it happen once in practice. Having spoken with members of the judiciary, they were unaware that the practice even existed. The victims we are aware of who have tried to access this have all been denied.

The Minister has also previously stated that, in certain cases, a copy of the sentencing remarks can be made available to the public free of charge at the judge’s discretion. If this is true, members of the judiciary whom we have talked to are also unaware of this. We are certainly aware of some cases where they have been refused.

Here are two very brief cases. Juliana Terlizzi was quoted thousands of pounds for a transcript of her trail, and said:

“The trial was a culmination of almost two years I had fought to bring a dangerous, prolific sexual predator to justice. I was shocked to find out that I had to pay over £7,000 to get the transcript and I knew I couldn’t afford that”.


Rowan, whose daughter went through a gruelling court experience said:

“My daughter remains traumatised by her two days on the witness stand where she was character assassinated by the defence barrister.”


To prove the defence acted outside their own code of conduct, the family needed a copy of the court transcript and was quoted £22,000. This puts justice beyond the reach of victims.

There are other victims as well whom I have met and talked to: Charlotte, David, Victoria, Lily and Rosie. Those are not all their real names, because some of them are too scared to have their names mentioned. I particularly thank Claire Waxman and her team at the London Victims’ Commissioner’s office.

I have also signed some other amendments in this group and will be very brief. I have signed Amendments 57 and 59 on collaboration and adding stalking to the duty to collaborate. I have also added my name to Amendment 66 in the name of the noble Lord, Lord Russell, on supporting a parliamentary report, once every three years, setting out the position regarding stalking. Importantly, I have also signed the right reverend Prelate the Bishop of Manchester’s Amendment 70, about the Secretary of State including statutory guidance on sustainable, multi-year contracts. One of the big problems we have with victim services at the moment is that there is nothing in the medium term, let alone long-term planning.

--- Later in debate ---

Finally, I echo the comment from the noble Lord, Lord Meston—which was also made to me in Edinburgh two weeks ago by senior members of the Scottish judiciary—that in some cases involving sexual offences you have to be very careful about the dissemination of transcripts. That is another aspect to a not entirely straightforward question. I think I have replied to the points raised.

[Baroness Brinton (LD)]

My Lords, I thank all noble Lords who have spoken on this group, and particularly the Minister for his response. I am very grateful to the noble Lord, Lord Meston, for his clarification of which parts of the court process are concerned. I was quoting both the judge’s summing up and judgment as well as the bigger costs for a wider trial transcript. I was trying to make the point that it can be asked for now but it is entirely at the judge’s discretion whether it happens and therein lies the problem, which is why we find ourselves here.

I thank the noble Lord, Lord Hogan-Howe, for his help. He said: why can sentencing not be shared? I think that is one of the key points here.

I am very grateful to the Minister for his explanation but the difference between my amendment and the pilot is that the pilot remains at the judge’s discretion, which means that it becomes very difficult to collect any data on the efficacy of allowing victims to have these decisions at the point of judgment.

I was very moved by the comments from the noble Baroness, Lady Newlove, relating to Amendment 57 —which I did not comment on earlier—and if the noble Baroness, Lady Thornton, wishes to test the opinion of the House, these Benches will support her.

I believe that victims need to see progress in this area. I recognise that my amendment is not what they really want but it would be a step forward and, on that basis, I wish to test the opinion of the House.

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[Baroness Fox of Buckley (Non-Afl)]

My Lords, it is important to acknowledge that we need to improve the kind of data collection that we have. This is a really good idea, and I would like it to be pursued. I have an amendment later on consistency of data. One of the things I felt when I was looking at the issues was that, too often, victims are not counted properly. We know that there is a range of ways to produce crime statistics: discussions about victims can be very emotive and subjective. The more accurate information we have and the more rationally collected it is—a point was made about common sense—the better it is for society, so that it cannot be turned into a political football. We would know exactly what was going on, so that the right kind of research and resources could be allocated. I would like to hear from the Minister some ideas about at least being open to this and experimenting with it. It is eminently worth exploring further, and I would like to hear a positive response.

[Baroness Brinton (LD)]

My Lords, I spoke in Committee on this issue, and I continue to offer our support from these Benches. I will not repeat the detail of what I said, but through the passage of the Children and Families Act we had to make sure that there was specific identifying data to link up children who were having to access services in more than one department. That picks up very much on a point made by the noble Lords, Lord Bach and Lord Russell, about the complexity of data.

There has been a really good period between Committee and Report in which the Minister and other Ministers have made themselves available for discussing lots of these amendments, but the main problem is that we do not have a lot of data about victims. We have plenty of data about crime, but we just do not understand victims’ experience through data. One of the side benefits of the proposal from the noble Lord, Lord Bach, is that having that unique identifying number will create automatic access to make assessments, while protecting GDPR. I have spoken about that on other Bills, but it is important. I hope that this Government and any future Government will assess this as a key part of better services for victims, because we will better know and understand who they are.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I thank my noble friend for introducing this amendment. As he said, we had a helpful discussion on this proposal in Committee. The unique identifier for victims is a good idea and may well solve a lot of problems. As he said, why not harness this Bill to do it?

I will briefly repeat a point I made in Committee. I strongly suspect that this is a more difficult problem than it might seem on the surface, given that there are different computing systems in different parts of the system and different ways of collating data. It is a problem. I am well aware of the shortcomings of data retention within the wider criminal justice system. When I sit in a magistrates’ court, I see the PNC for offenders; very often, they will have multiple dates of birth and names. One only hopes that one is dealing with the same individual as recorded on the police national computer. There is a single identifier for the offender, but there may be a fair number of errors in there as well.

Nevertheless, it is a good idea. The noble Lord, Lord Russell, said that it has the virtue of common sense; I almost thought he was going to say that it has the vice of common sense. It needs to be considered carefully. As the noble Baroness, Lady Brinton, said, we want to hear that the Government are taking this seriously and that there is a programme in place to look at this seriously and try to help victims through this mechanism.

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[Baroness Hamwee (LD)]

My Lords, I support the amendments to which the noble Baroness, Lady Bertin, has spoken. This was an issue that I came across only when preparing for Second Reading. I do not want to repeat her arguments, and I could not make them as well or as thoroughly as she has, but I was shocked to discover the problems that have arisen in connection with counselling and advice. I also support the firewall amendment from the noble Baroness, Lady Meacher. We have been here before many times, have we not?

Last week the previous Independent Anti-Slavery Commissioner, speaking to the committee reviewing the Modern Slavery Act, raised the interesting position of one law enforcement sector withholding information from, or not sharing information with, another law enforcement sector. She came to her conclusion, but I did not read her as having reached it entirely easily. I reached the conclusion that there should be a firewall for the reason put forward by the noble Baroness, Lady Meacher: imbalance of power—that is what it is about—between a victim and somebody to whom material is made available for abuse. These are very vulnerable victims. I have circled words such as “later this year” and so on, which the noble Baroness, Lady Lister, mentioned. I will not repeat them, but it would be good to make some progress on this issue.

[Baroness Brinton (LD)]

My Lords, my honourable friend Layla Moran laid an amendment about the ending of non-disclosure agreements that prevent victims disclosing information to the police or other services, including confidential support services, ensuring that they cannot be legally enforced. She has campaigned on this issue for some considerable time. She and I both thank the Minister for the progress in Amendment 76, which is undoubtedly a step in the right direction. It certainly will help some victims access the support they need, but we on these Benches regret that this is not enough to fully give victims their voice back. We still need a complete ban on the use of non-disclosure agreements in cases of sexual misconduct, harassment and bullying to ensure that no victim is ever silenced. We will campaign on this in future but appreciate the step forward that has been made in this Bill.

I have signed Amendments 87, 88, 89 and 94 from the noble Baroness, Lady Bertin. I also thank the Minister for the meetings, his Amendment 76 and what he said in introduction—I agree with the response by the noble Baroness, Lady Bertin. The noble Baroness, Lady Morgan of Cotes, talked about third-party data requests, and again it was a privilege to be involved in those meetings. I thank her for her comments and her remaining concerns. She is absolutely right that it does not take us further forward enough.

Finally, I signed Amendment 96 from the noble Baroness, Lady Meacher, on the immigration firewall. My noble friend Lady Hamwee was absolutely right: we have been here before. I was just thinking about amendments during the passage of the Illegal Migration Bill, the safety of Rwanda Bill and, I suspect, the Nationality and Borders Bill before that—yet we are not making progress. It is very unfortunate that the Government have gone backwards since the Modern Slavery Act in the protection of these particular victims. I know that across the House we will continue to push for ensuring that the loophole is closed.

[Baroness Thornton (Lab)]

My Lords, it is really a pleasure to respond to this group from these Benches, because there is real progress. It is important to record thanks to everybody who has made this progress happen. I very much welcome the clarification that the Minister has made in Amendment 76. The noble Baroness, Lady Brinton, is quite right, though, that this is a first step. Indeed, today a useful brief was sent to me and possibly other noble Lords from the Bar Council, which makes the point that the issue of non-disclosure agreements is ripe for legislative change. The Bar Council welcomes the Government’s intention to implement legislative reform and recognises that some NDAs are abusive in nature. NDAs cannot cover criminal acts, and under existing common-law protections many are already unenforceable, but those who are asked to sign them are not always aware of the relevant legal principles. When you have the Bar Council and everybody else on your side, you know that this is an important first step.

On the Government’s amendments, I welcome Amendment 85, as the noble Baroness, Lady Newlove, welcomed it. I thank the Minister and his team for listening and for bringing forward this amendment, which was aired in Committee very powerfully indeed by the noble Baronesses, Lady Watkins and Lady Newlove. Then, of course, there is a suite of amendments in the name of the noble Baroness, Lady Bertin. I was very pleased to be able to support these in Committee. These Benches are absolutely in favour of them; they have the support of the whole House. I know from the very long time ago when I was a Minister how much work goes into getting to this place. I congratulate the noble Baroness and say how much we are in favour of these amendments.

The noble Baroness, Lady Morgan, is absolutely right to be disappointed about the Government not accepting Amendments 87A and 88A. It is probably clear that we have not come to the end of this. The noble Baroness is quite right in nodding to say, “We have definitely not come to the end of this discussion about what needs to happen to support victims with requests for dealing with digital and other information, and providing the right kind of safeguards for them”.

The noble Baroness, Lady Meacher, is right, and she has our Benches’ support for her amendment. If there were to be a Division on this then it would be next week. Between now and then we need to look at what the Minister has said to see if we can push him a bit further than he has gone, and then maybe we could avoid that, but the noble Baroness needs to know that she has these Benches’ support, and probably that of the Liberal Democrats, if we need to take the issue further. All in all, we have made great progress.

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I support Amendment 92. Much of what it seeks to achieve is or ought to be covered by the relevant practice direction in the Family Procedure Rules. As I said in Committee, it is sometimes quite difficult to discover what the state of the investigation has been and what bail conditions apply. It is therefore quite difficult to align bail conditions with orders required by the family court. Nevertheless, I support the amendment because it will, in practice, assist the courts.

[Baroness Brinton (LD)]

My Lords, I added my name to Amendments 80, 83, 91 and 92, and I support Amendment 84 as well, although I have not signed it. I will not repeat everyone else’s comments, but I support virtually all of them—though I might take issue with the noble Lord, Lord Meston, on a couple of minor details about why amendments have been laid.

I will make one point about Amendment 91 that nobody else has made. The very helpful briefing that we received from the Association of Clinical Psychologists and the Law Society Gazette this week set out the technical anomaly that exists with regulated psychologists. The position of the regulator, the Health and Care Professions Council, is that it wrote to the director of workforce at the Department of Health and Social Care to highlight risks presented by unregulated psychologists, including in relation to the provision of expert evidence. I say to the noble Lord, Lord Meston, that it was writing in a broader way than just for the courts.

In the landmark case of Re C, the President of the Family Division, Sir Andrew McFarlane, determined that the courts could not prohibit the appointment of an unregulated person who called themselves a psychologist as a psychological expert because there is no regulation of the term “psychologist”. The way round this would be to take this amendment, to make it absolutely clear. However, there are slightly broader issues that the Government now need to look at, not just from the courts but the wider health system, to make sure that those who are bound by the HCPC are the ones who are regulated to work in these areas—nobody else should be permitted to do so.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, although this has been a relatively short debate, it has been quite comprehensive. All noble Lords have spoken with brevity about these sensitive issues.

I will highlight two points. First, I pick up the point of the noble Lord, Lord Meston, about how any order made by the Crown Court should automatically be reviewed by the family court. That was a useful addition to the amendment, although I suspect my noble friend may be pressing the amendments as they are. Nevertheless, I thought it was an insightful point.

My other point about Amendment 91, on psychologists and people with professional expertise, is that the problems extend beyond experts. In family courts, I see McKenzie friends who clearly have their own agendas, and it is an issue with which one has to deal—but that is a tangent to the main points in these amendments. If my noble friend chooses to press her amendment, we will of course support her.

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[Lord Meston (CB)]

My Lords, I support Amendment 90, which provides for the relaying of information to schools. Schools need accurate and prompt information about what is going on. They need to know, and understand, what is happening, or what is suspected. Therefore, I welcome the amendment. It is almost as important as the information going the other way—that is to say, schools relay information to local authorities and, where appropriate, to the police.

I am afraid to say that there are a few cases I have come across where schools, or individual members of school staff, have been reluctant to get involved in child abuse cases, or where there is suspected child abuse. Albeit this amendment provides for the information to pass the other way—from the authorities to the school—if it serves to do anything it may well encourage the passing of information in both directions.

[Baroness Brinton (LD)]

My Lords, from these Benches, we also welcome Amendment 90. I want to add one other issue though. It is very much a one-way system, as the noble Lord, Lord Meston, has announced, and I ask whether the noble Earl will write to me, the noble Lord, and any noble Lords who speak in this group, to report on the Government’s progress on the recommendations that they have accepted following the independent inquiry into child sex abuse. Recommendation 13 is about the need for mandatory reporting, and the Government said, over a year ago, that there would be a full public consultation beginning with a publication of a call for evidence. I have seen neither, but, more importantly, I want to know when we can—perhaps through this Bill—have something going the other way, as the noble Lord so rightly pointed out.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I have a genuine question. Of course, I support the amendment, but the wording here is

“if a member of the force has reasonable grounds to believe that a child who resides in the police area may be a victim of domestic abuse”.

If there is a situation where one of the parents calls the police, and there is what is called a “call-out”, that will be recorded, and that sort of information is made available to courts in particular circumstances. But would the child be seen as a potential victim of domestic abuse because the parents have made that telephone call because of a dispute between the parents?

Nevertheless, I support the duty to notify, but I wonder whether the Minister can answer that specific question.