Victims and Prisoners Bill

Debate between Baroness Brinton and Lord Bach

Committee stage
Monday 5th February 2024 Lords Chamber

[Lord Bach (Lab)]

My Lords, I am going to speak to my Amendment 65. I am delighted that the noble Baroness who has just spoken supports it. It was supported also by the noble Lord, Lord Wasserman, who cannot be in his place today. I remind the Committee that I was a police and crime commissioner for five years and had some responsibility for victims’ services at the time. This amendment springs from a view of the Association of Police and Crime Commissioners, and I am very grateful for its help.

Noble Lords will have seen that the duty in relation to victim support services to collaborate and the strategic guidance under Clauses 12, 13 and 14 refers to police areas in England alone. The purpose of the amendment is to try to persuade the Government that the duty to collaborate should apply to elected policing bodies across England and Wales while, of course, respecting Welsh devolved powers.

The Association of Police and Crime Commissioners, which of course represents all police and crime commissioners across England and Wales, is enthusiastic and welcomes the Bill—I should say that to start with. However, it thinks that there is a problem in that, as the clause is drafted now, it could make a real difference to the effectiveness of Welsh police and crime commissioners, and more particularly to how they are perceived in both Wales and England. I want to make it clear that I am advised that the four Welsh police and crime commissioners who would be most directly affected by the amendment are all strongly in favour of it. I emphasise to the Committee that they are not all from one political party; politics does not come into this particular issue.

All noble Lords will of course appreciate that policing in Wales is a reserved power of the UK Government, so that these four Welsh police and crime commissioners operate under the same rules and regulations as their colleagues in England. Nevertheless, of course, they operate entirely within the boundaries of the principality. Therefore, to be effective they have to take fully into account the ways in which health, local government, highways, housing and their local public services are organised and delivered in Wales, notwithstanding the fact that they themselves are not under the control of the Welsh Government.

The four Welsh police and crime commissioners have expressed concerns about the Bill, hence this amendment. Their concerns are that while the Bill imposes on their English colleagues a duty to collaborate in the exercise of victim support services, it does not impose the same duty on them. The Welsh police and crime commissioners believe that this could make a significant difference to their effectiveness in this field and, more significantly, lead to a perception that they are less committed to dealing with such issues as violence against women and girls than are their English colleagues—and nothing could be further from the truth.

Equally, and this is perhaps a significant point, although Welsh police and crime commissioners engage enthusiastically at present with the partnerships set out in the Welsh legislature, they are under no statutory obligation to do so. There are impending elections, and these could change collaborative approaches without such a duty as this amendment seeks to safeguard continued partnership engagement.

It is for this reason that the amendment has been drafted. It recognises the special circumstances under which the four Welsh PCCs operate, but at the same time makes it clear that Welsh police and crime commissioners are no less determined to support victims of crime than are their English colleagues, and no less determined to collaborate with other agencies in Wales to achieve this object.

Neither I nor, with great respect to him, the noble Lord, Lord Russell, are experts in the details of the Government of Wales Act 2006, or the legislation, regulations and administrative arrangements that flow from it. If the Government, in further discussion with the Welsh Government, have concerns with the drafting of the amendment and suggestions for improving it, we would be very happy to welcome them. We are concerned here with the principle of the amendment: to ensure that the obligation that the Bill imposes on police and crime commissioners in England to collaborate in the exercise of their functions to support the victims of crime is extended to the four police and crime commissioners in Wales, whose powers are in every other way identical to those of their English colleagues. On that basis, I look forward to hearing the Minister’s response.

[Baroness Brinton (LD)]

My Lords, I want to pick up the last point of the noble Lord, Lord Bach. The duty to collaborate is extremely important, and both his amendment and that of the noble Lord, Lord Hampton, are certainly worthy of consideration. The lighthouse model that has been referred to is extremely impressive. I have also seen, in times past, really effective local working, particularly through services for child victims. However, it would be good if this were strengthened to ensure that part of the victim’s journey, regardless of their age, was helped.

It is a convention in this House that, if we are not quite sure where to go next, we ask for reports. However, we have tabled a lot of amendments about a lot of detail because we are concerned about the practice, and this is one instance where reports actually become vital. They are vital not just to hold the Government to account in Parliament but to ensure that the Government are forced to reflect on how the systems are working, because if this continues for yet another decade, we will be going through another Bill in 10 years’ time saying the same things. A report might help focus the mind when the systems are not working.

I support the noble Baroness, Lady Lister, in her comments about the provision of DA support and the real crisis times that victims face, with their lives in complete upheaval. I agree particularly with her points about economic coercive control, which is really worrying and something I have heard more and more about. I have been working with one victim for about 15 years; it took her 10 years to clear the debts that she was left with as a result of the coercive control of her partner, who completely disappeared. She is on the minimum wage, and it has been very difficult and has affected her life for that long.

I signed Amendments 54 and 81, which the noble Lord, Lord Russell, outlined in his speech, on including stalking in the list of relevant victim support services and placing a duty on the Secretary of State to assess a number of advocates, including stalking advocates. I go back to the issue we discussed in the last group: how important it is to have a victim journey number.

In the case where my colleagues and I were victims, our first barrier was finding one crime number. The man who stalked me pleaded guilty to 67 crimes and asked for another 100-and-something to be taken into account. Not all of the crimes happened to me; some of them happened to council colleagues and supporters of my party, and some happened to people who were, unfortunately, parked on the driveways of supporters of my party. Each time we rang the police, we were given a different number. As the PPC, I started a spreadsheet, and when it got to 30 I went back to the police and said, “This is impossible”. We did not know who it was—we had suspicions—but we knew that it was a very particular campaign.

At that point, about six months in or perhaps slightly more than that, we had the one funny incident of a two and a half year-experience, where, every week in the Watford Observer, there was a letter being very unpleasant about me and occasionally about my council colleagues. The letters got more vitriolic, but each was signed by somebody else. I went with a colleague to see the editor of the newspaper, and he said, “Politics is a tough old game, and you just have to accept that, if people want to write in and tell me that you are poor on this topic and not a very nice woman given what you do with your children, I will print it”. I asked him if I could read out the surnames of the people who had written in over the last few weeks: they were Freeman, Hardy, Willis, Debenham and Freebody. At that point, he realised he was being had, but we had been watching the letters go in for four months at that stage. The objective was to destroy my campaign—that is what the judge said when the man was sentenced. But that was the only funny part.

The other thing about stalkers is that, when they do not achieve what they want, their behaviour becomes more drastic; the Suzy Lamplugh Trust will tell you that this is well-known. The man then started printing completely fictitious letters about one of my council colleagues who lived just round the corner from me and literally scattering them along the road in his car. At that point, we thought we knew who he was, but we could not get the police to take it seriously. The letter said that my council colleague—who was married to his one and only wife—had deserted his previous wife and was not paying her maintenance and that his daughter was distressed; funnily enough, my colleague was up for election that year. That was a step up, and then it went a step further up during the 2005 general election, when all the poster boards were pulled down. My husband, who happened to be our poster board supremo, kept creating higher and higher stakes for the poster boards—we really made it into an artform. When one got to three times the normal height, the man scratched the car on the driveway of the house. Thereafter, it moved on to petty crime, but it was not stalking because it was petty crime against other individuals. That is why we need one crime number for this sort of thing, but also recognition that, although there is a core victim, there are other victims because of the nature of stalking.

What really freaked them out was when he started to put knives through the tyres of cars on driveways at night and spray epithets on the homes of councillors. My husband had installed 10 closed circuit cameras on the most likely places by then. The police provided one on our house, and our house was never targeted—I cannot imagine why. We were able to use that evidence, along with a picture of him where you could see that he was wearing a watch on his right arm which matched the one seen during the spray-painting. At that point—this was the worst day—the police said that a forensic psychiatrist had come in as they were worried about the behaviour, and it was clear that he was going to go for people with the knife next, and it was a 10-inch knife.

At that point, we were well over two years in. That is why, 15 years on from his sentencing, when the noble Lord, Lord Russell, spoke about knives the other day, my blood ran cold. I was remembering when the police came to our house and upped security. Stalking can be very dangerous. I was lucky; we got it taken seriously and he pleaded guilty when caught, but there are other cases.