Victims and Prisoners Bill

Debate between Baroness Finlay of Llandaff and Lord Russell of Liverpool

Report stage
Tuesday 16th April 2024 Lords Chamber

[Lord Russell of Liverpool (CB)]

My Lords, in speaking to Amendment 2, I shall speak also to other amendments in the group.

Amendment 2 deals with the victims of a homicide that has taken place outside the United Kingdom. I am very glad to see the noble Baroness, Lady Finlay of Llandaff, behind me, as this amendment was in her name in Committee and, but for a slip of the pen, she would be the person standing here speaking, rather than me. However, because we wanted to get this amendment down, it has my name on it, so she will speak in due course about this, very knowledgeably indeed.

In essence, this amendment seeks to ensure that victims of homicide outside the United Kingdom are guaranteed to receive adequate support and are provided for adequately in the victims’ code. At the moment, no single UK agency has an overarching view of the end-to-end experience of victims of homicide abroad. Families fall through the gaps between the Foreign, Commonwealth and Development Office, the Ministry of Justice, the jurisdiction of the crime and our own police. I am aware that the Government are likely to argue that expanding the remit of the code will bring cost and place greater pressure on services, but we would suggest that the cost is relatively minimal. We are looking at between 60 and 80 cases in total per annum, and the number of cases has been going down year on year. That is less than 0.01% of the total number of victims in the UK.

There is a precedent for giving victims of crime abroad access to criminal injuries compensation. Since 2015, if a victim is killed by a terrorist, the family has a legal right to claim compensation. We can see no apparent rationale for differentiating between victims of terrorism and other victims of homicide. To those bereaved families, murder is murder.

We feel strongly that the FCDO must be included as an agency with accountability under the code. The joint memorandum between the Foreign Office, the MoJ and the police, which is currently a document that does not have legal status, must be incorporated within the code. That is what this amendment seeks to achieve.

Three successive and very distinguished Victims’ Commissioners have all been very strongly in favour of this amendment, and remain so. I am talking about the noble Baroness, Lady Casey, who unfortunately cannot be with us today, as well as Dame Vera Baird and the noble Baroness, Lady Newlove. If three Victims’ Commissioners, who, in total, have been arguing the case for this for the past 16 or 17 years, are still arguing for it and still feel passionately that it is something that needs to be addressed, that has a certain force. I look forward to hearing what the Minister has to say at the Dispatch Box.

By mistake, we put down Amendment 3 and Amendment 6, which the Public Bill Office discovered this morning were identical—better late than never. I will speak to the amendment from the noble Lord, Lord Ponsonby, on anti-social behaviour and trying to ensure that victims of persistent anti-social behaviour are recognised as victims and provided with their own victims’ code rights. The evidence is that anti-social behaviour is quite frequently, in relative terms, trivialised by criminal justice agencies. We have had evidence from a great many different people about the devastating impact that that can have. Time and again, we also hear that victims are told that they have to put up with it: “If you can’t take the heat, why don’t you think about moving house?” That is not an adequate way of telling a somewhat traumatised victim of anti-social behaviour that that is the best that can be done for them. Effectively, it means that they have to help themselves.

This amendment would ensure that a victim who meets the anti-social behaviour case review threshold is referred to victim support services and receives the help they need. I know the Minister is well aware of the scale of the problem and that work is being done at the moment to try to achieve a resolution, but I commend this amendment as part of the debate to try to move this forward and see whether we can get something done. Again, I look forward to his comments on this.

I will speak briefly to Amendment 8 on child criminal exploitation, as others will cover it. Creating a statutory definition of child criminal exploitation would create a degree of understanding across agencies and professions that at the moment is not clear. If you asked a variety of people what child criminal exploitation was, you would get slightly different answers. In the interests of children, we feel that that is simply wrong. We need complete clarity on what it is and how it should be dealt with, and that is not the case at the moment. There is some way to go to make this happen. I look forward to hearing the contributions of others to this debate, but for now I beg to move.

[Baroness Finlay of Llandaff (CB)]

My Lords, I am most grateful for the way that my noble friend Lord Russell introduced these amendments. I will speak to Amendment 2, which I tabled in Committee. I am also grateful to the Minister for having arranged a meeting for me, the noble Baronesses, Lady Newlove and Lady Brinton, and others with officials from his department, and for the positive conversation that took place.

I remind the House that there is more than one murder a week abroad, involving different countries, languages and legal systems, and very different circumstances. The report from the All-Party Group on Deaths Abroad, Consular Services and Assistance showed that there is a lack of consistency in contact and communication with the Foreign, Commonwealth and Development Office. It highlights that there are protocols but that these inconsistencies seem to override them. There are particular inconsistencies about reporting a death and methods of communication. Staff rotation in the FCDO means that people are sometimes repeating their story time and again, which results in secondary victimisation, as they are retraumatised by having to repeat the same story to different people. In some countries, legal processes are very rapid and there are huge language barriers. Sometimes people have been given a list of lawyers with no details about their ability to speak English or even their specialisation, and have found themselves referred to a legal team who do not know much about homicide. In one case I came across, they knew about conveyancing property, which was completely inappropriate.

After all that, there is a real problem with repatriation of the body, which can be very expensive. Some people have had to resort to crowdfunding because there is no assistance. The other problem that families face when they come back to this country is that, if there have been difficulties with the body or it has been disposed of abroad somehow, they then have to prove that the death has happened and the veracity of whatever processes went on.

I am most grateful to the charity Murdered Abroad for an extensive briefing, which I will not go through because this is Report. It is very keen to work with the FCDO. It has a great deal of experience and could be involved in training and drawing up clear protocols. It could provide the resource, which would not be expensed to the FCDO; in fact, it would probably be cost-effective because it would avoid duplication of work that is going on. It could ensure good communication skills and the language and translation that need to occur. One problem with having a small team in the FCDO is that staff change and move on and collective memory, which is really important, is lost.

I am grateful to the Minister for communicating that he does not intend to accept this amendment, but I hope that in reply he will take forward that officials need clear protocols, with good education, liaison and learning from experience, rather than simply to be responding to cases as they come in from all over the world to embassies or consulates. Sometimes they come to somebody quite junior who happens to be on duty that day. The whole thing could be better streamlined and support should be given when they come back to this country.

Health and Care Bill

Debate between Baroness Finlay of Llandaff and Lord Russell of Liverpool

Lords Hansard - Part 2 & Report stage
Wednesday 16th March 2022 Lords Chamber

[Baroness Finlay of Llandaff (CB)]

My Lords, we now come to the very real problem that relates to the power differential between a doctor and the parents of a sick child. I am most grateful to all who have met me and discussed the amendment, particularly some senior paediatricians and the charity Together for Short Lives, and for support from the Charlie Gard Foundation in redrafting this amendment.

The amendment has been carefully redrafted in the light of comments made on the earlier version. Everyone I have spoken to has recognised that problems sometimes arise. In its 2018-19 review, the Nuffield Council on Bioethics observed common themes behind disagreements—communication issues, differing perspectives on what kind of risks could justifiably be taken, feelings of powerlessness for both parents and staff, and delays in seeking resolution interventions. Among the recommendations is mandatory communications training, as in proposed new subsection (2)(a) in the amendment, and the timely use of effective resolution interventions such as mediation, as in proposed new subsection (2)(e). When parents, as most do, have looked up their child’s condition on the internet, they often come across suggested treatments on different websites or by talking to medical contacts that they have. Clinicians can feel threatened by that.

When parents are worried, they can come across as angry or difficult in their attempt to get information or get something done. All too often, they are labelled as overanxious. Yet, is it normal to be out of your mind with worry if your child, whom you adore, looks as if they might die.

This amendment tries to provide a route for everyone to communicate better, and for the temperature to be lowered. It applies where there is a difference of opinion between the parents and the responsible doctor when a child is thought to be nearing the end of life. When staff become aware of a difference of opinion, the clinicians need to listen to the parents, and others concerned with the child’s welfare, who may have important information to inform thinking. Parents who want to seek a second opinion want to know the results of tests, such as radiology, for example, and, at the moment, they must go through a complex and sometimes slow process to access the information. Sadly, some parents only find out what was in the clinical record after their child has died. Of course, if there is any suspicion of child abuse, subsection (2)(b) would not apply, as it would be outwith the “reasonable steps” criterion.

Where another clinician from a reputable centre is suggesting a treatment, they should be asked to explain it, and the evidence base behind the suggestion, to avoid distortion of messaging—hence, subsection (2)(d) of the amendment. Clinicians, in explaining why they oppose a proposal, need to be able to explain to the parents what the “significant harm” in the proposal is. When taking any clinical decision, harms and burdens are weighed up against potential benefit. If a child is going to be taken into care, the test is whether it is of “significant harm” to leave the child where they are, rather than be taken into care. In some ways, this is similar, because the clinicians are being asked to show that it is significantly harmful for the child to pursue the parents’ proposal, rather than continuing with the current management plan—when it often involves withdrawing treatment and is likely to lead to death.

Some hospitals have excellent ethics committees to involve early. The Nuffield Council report recognises that there are very real difficulties in the concept of best interest when deciding not to treat, as it is often not clear to the parents why abandoning the hope of improvement is in the interests of the child. In an overcrowded NHS, unconscious bias can skew towards wanting a service to clear beds, when prognosis looks poor. However, parents know that the child has no interests once they are dead. Nuffield recommends that the views of parents should be accorded considerable weight in decisions about their child.

When the two parties are unable to resolve their difference of opinion, such a case would now go to the court immediately. This amendment suggests that a

“mediation process, acceptable to both parties”

should be allowed when, and only when, earlier attempts at resolution have failed, as in subsection (2)(e). A mediation process would be between the parents and the senior doctor with overall clinical responsibility. It cannot be delegated to a junior in training or to one of the nurses on the ward. If mediation fails, then, as now, the case would proceed to court. The amendment is clear that no doctor or institution would be required to provide a treatment which they do not feel comfortable giving. This is the current law. The amendment is also clear that the overriding principle is the principle, as laid out in current law, of the

“best interests of the child”

being paramount. If the child is Gillick-competent, such an amendment would not apply.

Similarly, the views of others, such as a social worker or health visitor who knows the family may provide important information. As is the case now, that information must be listened to, as it may relate to some safeguarding issues or other information unknown to either the clinical team or the court. The early steps outlined in this amendment should improve the quality of communication between parents and the medical team, thereby decreasing the need to go to mediation. The mediation process is to try to decrease the number of cases going to court. I beg to move.

[The Deputy Speaker (Lord Russell of Liverpool) (CB)]

My Lords, the noble Baroness, Lady Brinton, is taking part remotely. I invite the noble Baroness to speak.

Domestic Abuse Bill

Debate between Baroness Finlay of Llandaff and Lord Russell of Liverpool

Consideration of Commons amendments
Tuesday 27th April 2021 Lords Chamber

[Lord Russell of Liverpool (CB)]

My Lords, at the last stage of the Bill I started by saying it felt dangerously like

“déjà vu all over again”.—[Official Report, 21/4/21; col. 1935.]

I am very pleased to announce this afternoon that it does not feel like déjà vu any longer. I think we are in mortal danger of actually moving forward—for which I thank the Minister very warmly.

It is perhaps no coincidence that this group of amendments, which in many ways is at the heart of the Bill, is coming right at the very end of it. The reason for that is that it is probably the most difficult part of the Bill to deal with. Almost all the excellent work done in both Houses up until this point has been dealing with some of the effects and after-effects of domestic abuse. What we are talking about in this group is trying to identify the causes and early signs of domestic abuse: in other words, trying to stop it happening rather more efficiently and effectively than we have done in the past.

To the Government’s credit—and this is not easy to admit—they have admitted that the current system is not working well. You just have to look at the weekly litany of deaths and some of the stories behind them to realise that it is not working. But it still takes a certain amount of courage to admit that one has not got it right and that one needs to change—so I am very grateful for that.

Although I have played an insignificant part, I am also extremely grateful to the noble Baronesses, Lady Royall and Lady Brinton, the latter of whom is an expert on stalking, for putting forward such compelling arguments for stalking to be included that the Government have acceded to the strength of their arguments. I am extremely grateful for that.

I am also grateful that new statutory guidance will be forthcoming. But at this point I want to issue a very strong health warning. I apologise to the Minister, who heard me go on a bit about this earlier this morning. For any new guidance to be effective, it must be created and then applied in a fundamentally different way from the way it has been done in the past. Part of that is that it needs different voices and experiences around the table. The individuals responsible for MAPPA at a national level and in the 42 different MAPPA areas all around the country—effectively, each police force—are largely the same group of people from the same organisations that have been responsible for trying to make the MAPPA system work over all these years.

However, part of the Government’s recognition of the complexity behind the causes of domestic abuse—in particular the addition of stalking—means that there is a compelling need to bring these new experiences and knowledge to the table. They have to become an integral part of MAPPA. They must have the same power of voice and vote around the table. Part of what needs to happen is for MAPPA to evolve and develop a different way of looking at all this. It needs to develop a new language, and new forms of assessment and forecasting, and to do so in a dynamic way, not looking at things every six months or every two years. It has admitted that part of the reason why the statutory guidance is now online rather than printed is that it has probably already been out of date by the time it has been printed. Putting it online means that it can be updated constantly; I genuinely welcome that.

As the noble Baroness, Lady Royall, said, I managed, by googling away, to find the job description for the new head of MAPPA, who Her Majesty’s Government are currently seeking. Some of your Lordships may have seen a slip of paper in the past couple of weeks, before the election of the Lord Speaker, where, after 30 or so years of being a head-hunter, I put pen to paper—actually finger to iPad—and wrote a brief description of some of the attributes I thought were important in the role, as well as, very importantly, some of the deliverables. The glaring omission in the job specification for the head of MAPPA is any definition of relevant experience. There is nothing whatever to indicate what type of prior experience and knowledge would qualify the candidates to be on that shortlist. I put it to the Minister that whoever becomes the next head of MAPPA must have a breadth of knowledge, an openness of mind, and an ability to manage and argue compellingly for change of a different order of magnitude from what has been required before. That will be absolutely fundamental.

I finish my rant by again thanking the Minister very much indeed. We have made considerable progress. I look forward to not forgetting about the rear-view mirror —as a dedicated cyclist I know that would be extremely dangerous; indeed I have rear-view mirrors on both of my bicycles. I congratulate the Government on the progress they have made, but I ask them to take what I have said seriously to heart and to try to make sure that we get it right this time. The test will be when the awful metronomic death toll of the work done week in, week out by the Counting Dead Women initiative starts going down, and the number of people on the MAPPA system starts going up with the right sort of people. At that point we can feel that we are actually doing something that all these victims and their families have been looking for, for so many years; that will be really good news.

[The Deputy Speaker (Baroness Finlay of Llandaff) (CB)]

A Member in the Chamber has indicated his wish to speak. I call the noble Lord, Lord Paddick.