Prisoners (Disclosure of Information About Victims) Bill

Baroness Finn Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 28th April 2020 Lords Chamber

[Baroness Finn (Con)]

My Lords, I wholeheartedly support this important Bill and pay tribute to those who have worked so hard to bring it to Parliament. Justice delayed is justice denied. Since Helen McCourt was tragically murdered in 1988, her mother Marie has been searching for justice and peace, and while Helen’s law will at least help bring justice to others, this Bill must be only the start of putting victims’ views at the heart of the criminal justice system.

This Bill is a critical step in the right direction, yet if we stop here our criminal justice system will continue to let down the victims of crime. I believe passionately in the rehabilitation of offenders and declare my interest as a member of the development committee of the superb charity Clean Break. But victims of serious crime should always be on our list of priorities. I welcome the fact that the Bill puts victims first by placing a statutory duty on the Parole Board to ensure that there is proper consideration of whether there has been a failure to disclose the location of the victim’s remains in the case of murder or the identity of a child when it comes to taking or making indecent images of children. This is a positive and welcome move and it is hard to understand how any convicted criminal can claim to be rehabilitated if they continue to withhold such information. Failure to do so shows a lack of understanding, remorse and compassion. It shows that they are not willing to do what it takes to redress wrongs and accept responsibility for what they have done.

However, we should also consider what else we can do to support victims. Justice is not a single moment in time; it is a process of rehabilitation that victims too have to go through before they can come to terms with what has happened to them and take back control of their lives. My concern is that this Bill will not fundamentally change current practice and that families in such cases will continue to have to rely on the discretion of the Parole Board. There are too many concerns about the lack of transparency and accountability in the Parole Board’s processes, and some serious question marks hang over its duties in relation to responsibilities towards victims.

Never has there been a more courageous, compassionate and passionate advocate for victims’ rights than my noble friend—I am very proud to call her a friend—Lady Newlove. Not only did she and her young family have to come to terms with the most base and horrific of crimes, but she has lent her voice to support others. However, even she has been let down by the system. Unbeknown to her and her family, the perpetrators of the crime that left her a widow and her daughters without their father have variously been recommended for parole, early release and a place in open prisons with home visitation privileges at the weekend. Why was she not told? Does she not have an inalienable right to feel safe and secure?

Noble Lords might be aware of the victim contact scheme. This is supposed to allow for a victim whose offender is sentenced to 12 months or more to be kept informed of the progression of the sentence and any associated parole. However, victims have told of being contacted by the scheme only to be informed of Parole Board decisions that have already been made. One victim even discovered a decision on Twitter before being informed by the scheme.

Let us take the case of John Worboys, the black cab rapist, recommended for early release from his life sentence by the Parole Board. More victims of Worboys’s heinous crimes had to bravely come forward for the Parole Board to reverse its decision. Why were the victims not part of the Parole Board hearing in the first place, or at least fully aware of it? Instead, they were forced to come forward by fear itself to stop what was nothing less than the undermining of the justice that they thought had already been done.

That tells us that, for the victims of crime, sentencing and conviction are just the beginning of justice. If sentences are altered or shortened, or the terms and conditions of release are changed, victims have a right to know and a right to their say. It is not okay that my noble friend Lady Newlove and her family were not told that the subjects of their own personal nightmares could be walking the streets of their home town without their knowledge.

My noble friend has called for a victims’ advocate unit to level the playing field. Her point is that, once a victim’s impact statement has been read, victims cease to exist as the process of justice continues to wind its course. Victims should be given training and legal aid so that they too can continue to hold the courts and the Parole Board to account, continue to advocate for their needs as victims, and get access to any information they need about the terms of parole or release or the location of offenders.

Alongside a victims’ advocate unit, we also need comprehensive reform of the Parole Board. This is the same Parole Board that released John Worboys, even though he remained a danger to society, released Garry Newlove’s killers without telling his family when and where, and released Helen’s killer, even though he had it in his gift to bring peace to the victim’s family but declined to do so. It is time to embed the rights of victims alongside those of offenders, recognising that the Parole Board’s decisions impact both.

Everyone deserves a second chance, and so too do victims of crime—a chance to rebuild their shattered lives, to restore confidence, self-esteem and self-worth, and to try again to live the life that was taken away from them. Justice needs to focus far more on the rights, wishes and needs of the victims. For that reason, and notwithstanding some serious concerns about the Parole Board’s decisions, I support and welcome the Bill and commend it to the House.

Queen’s Speech

Baroness Finn Excerpts

Wednesday 28th June 2017 Lords Chamber

[Baroness Finn (Con)]

My Lords, Brexit means Brexit. Unfortunately, Brexit has come to mean all things to all people. This is as true for our UK politicians and their electors as for our European partners. But now it is time to move beyond it. There are, after all, many things we do know about Brexit—and indeed it is our democratic duty to see it through. We know that in the referendum itself, the vote was close, which suggests an extreme version of either position—a so-called hard Brexit, where we slash all our links with Europe, or a second referendum to reverse the result—would probably not enjoy popular support. We also know that all Governments have a duty to protect the security of their citizens, including their economic security. People did not vote to get poorer.

So, yes, we need to leave the EU, but we have a duty to do so in a way that maximises our prosperity and minimises disruption. This begins with a pragmatic, not ideological approach to Brexit, and a tone that is not protectionist but which reflects our widely held liberal values and our commitment to openness, free trade and responsible capitalism. It means that, however exercised some may be about immigration, we must put jobs and the economy first, even as we put the status of EU citizens already here in the UK beyond any doubt. We have a duty to explain better the benefits that economic migrants bring to the whole of the UK, instead of conceding the point—or worse, exploiting it for political gain. It means that we must achieve maximum possible consensus and listen to business and the City when they speak out on Brexit, and that we must maximise the opportunities that Brexit will ultimately bring, in free trade agreements struck with familiar partners such as the US and the EU, but with the fastest-growing emerging markets as well. The think tank Open Europe recently published a report, Global Britain, highlighting that the UK under-trades significantly by billions of pounds a year with many key partners. It should be a national priority to close this gap.

In practice, this amounts not to a triangulation between soft and hard, open or closed, but to a choice between prosperity and stagnation—and we must choose the former. To do this, we need to focus on transition. A transition period will allow us to mitigate the uncertainty of the negotiating period by guaranteeing the avoidance of a cliff edge, where businesses will not be clear under what legal and regulatory parameters they will be operating. It will also allow us to build the capability and infrastructure required to manage our own customs and trade arrangements. As several noble Lords have pointed out today, and as my noble friend Lord Howell of Guildford recently advocated in a letter to the Times, fortunately the right transition vehicle already exists—namely, the EEA.

The EEA would avoid full customs union, where we should also seek some transitional arrangements, and would therefore allow the UK to pursue trade agreements. It allows some national intervention in immigration controls. The ECJ has no locus in it, the EFTA court has no direct effect in the UK, and it gives back control of agriculture and fisheries to Parliament.

Critics will point out that from within the EEA we will continue to comply with EU regulations without being able to influence them, and indeed we will continue to contribute to the EU budget. However, the burden of proof is surely on those critics to explain how periods of uncertainty that will damage our economy, as well as our reputation, would be less costly than temporary ongoing budget contributions.

Investment curtailed or cancelled and productive economic migrants leaving this country will do permanent damage to the UK and will even harm our ability to reap the eventual benefits of Brexit. Instead, a time-limited period in the EEA, while capability is built up and certainty maintained, will set us up far better ultimately to leave the customs union and the single market—as we will and as we should—in order to gain the full benefits of Brexit by forging our own free trade deals and escaping the shackles of EU trade deals, with their protectionism and special-country interests.

This approach is, I believe, the way to navigate between the democratic wishes of the British people, the duty to provide economic security and the agenda of our EU colleagues. The Government have a duty to negotiate through this complexity and to deliver a unifying vision—and make a reality—of a prosperous, open Britain, eventually outside the European Union.