Victims and Prisoners Bill

Debate between Baroness Hamwee and Baroness Thornton

Committee stage
Tuesday 13th February 2024 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, during the debate on the victims’ code, we discussed the problem that victims are often advised not to undergo any counselling or therapy because that might damage how their evidence is characterised by the defendant’s counsel. I have no idea whether this issue has arisen in connection with major, possibly non-criminal incidents, but I can see that this could become something that makes its way into people’s thinking: “Don’t go for therapy because you might have to give evidence to a public inquiry, and how would that be perceived?” I just throw that in as another consideration. There may be similar points, not about what victims should do but about things they should not.

[Baroness Thornton (Lab)]

I thank the noble Baroness, Lady Hamwee, for throwing that in. The Minister will know that this is a discursive process and this is a probing amendment. Although we will press him on all the different things, I am grateful for the commitment to talk and to continue the dialogue about how we deal with this particular group in the code. On that basis, I beg leave to withdraw my amendment.

Victims and Prisoners Bill

Debate between Baroness Hamwee and Baroness Thornton

Committee stage
Monday 5th February 2024 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, I was there in the 1960s but that is not quite the object of this debate.

I was struck during the previous group of amendments, and it has continued in this one, by the question of training. What everyone involved in these issues needs is professional curiosity and an ability not to compartmentalise people’s reactions. Older people’s vulnerabilities—I have come across Hourglass, and I admire it—can also be found in younger people, so training needs to be thorough, with no cliff edges in how it is delivered. We are all different people and we all exhibit a variety of traits, which at different ages and in different circumstances may rise higher up the list than at other times. I was glad to hear my noble friend say that she could see a single wide amendment coming, because I think it is needed.

The Istanbul convention has been debated in this House before, as has the reputational damage of the country in this context. However, I put it in again today.

There is an important debate to be had on data collection and the argument about consistency. However, it is a very wide debate and not something that can sensibly be addressed in a Bill which is about a discrete area of work.

My name is to Amendment 107, which may not give it a very good prognosis, since I opposed paragraph 4 of Schedule 2 to the then Data Protection Bill all the way through its passage through the House and led a vote against it. The paragraph says—this is not verbatim—that the exemption for personal data does not apply, fit to prejudice, to immigration enforcement. I never succeeded in my opposition, but I hope that might change.

On the detail of the amendment, there is one thing I need to say in making the case for it. It is not only a matter of information about someone’s immigration status being given where, in the views of all speakers, it should not go, and immigration officers turning up on the doorstep; it is the deterrent effect of an abuser telling a victim, “You’re not entitled to be here. I’ve got your papers, and there’s nothing you can do about it. If you complain, you’ll be thrown out”. Abusers have been known to lie and, from what one hears from the organisations working in the sector, that happens a great deal in this situation.

I suppose that “domestic abuse” is the correct term, but this situation does not apply only to people who are in a personal relationship; domestic workers are very vulnerable to this abuse. The deterrent effect on them complaining about the appalling treatment that some of them suffer is very notable. On behalf of these Benches, I hope we manage to make some progress on this issue during the course of the Bill.

[Baroness Thornton (Lab)]

My Lords, I thank all noble Lords who have spoken in the debate; it has been interesting, if slightly wider than we expected. I thank the noble Baroness, Lady Brinton, for introducing it. I put my name to Amendment 75. This is the first time that we have talked about women and girls at all; the noble Baroness was right to initiate that. I also tabled Amendment 80, which we on these Benches feel strongly needs to be addressed in the course of the Bill.

The noble Baroness, Lady Hamwee, referred to Amendment 107, which the Government will also have to address, because it is clearly about a very serious issue. The noble Baroness, Lady Brinton, is completely right about the importance of the UK’s reservation on Article 59 of the Istanbul convention, and the noble Baroness, Lady Hamwee, is right about the reputational damage it does to our country. I hope the Minister will be able to respond to that.

I thank Southall Black Sisters for the excellent brief it produced about seeking to ensure that victims of domestic abuse who do not have the recourse to public funds are still entitled to be provided with services in accordance with the victims’ code. It was thorough and I hope that a Minister will respond, even if it is not this Minister. It is very nice to be opposite the noble Earl, Lord Howe, for the first time in quite some years; we faced each other for about seven or eight years on health matters. Of course, we have two Fredericks on our Front Benches, which is probably worth noting.

Southall Black Sisters has done extensive research on the effect of having no recourse to public funds. It has made a very serious record of the hardship and cruelty that this can lead to. I very much hope that the Minister will look at that evidence and that we will be able to take this forward. I will not say anything further, because we have had a very thorough discussion about the amendments.

Victims and Prisoners Bill

Debate between Baroness Hamwee and Baroness Thornton

Committee stage
Wednesday 31st January 2024 Lords Chamber

[Baroness Hamwee (LD)]

I suppose it is like our written notes: sometimes we have them, sometimes we do not and sometimes we do not follow them.

We have heard that Minister Freer is looking at how audio recordings can be used. I wonder whether there is any more news on this than has been in the semi-public domain so far. The suggestion of listening to a recording or reading a transcript while supervised reminds me of the arrangements made for a very few senior politicians to read the assessments of the Chilcot inquiry. To me, like to others, that is not a sensible arrangement.

In any event, as I understand it, in magistrates’ courts recordings are not made. For a victim to have to sit in court and listen it is very likely that she or he will be close to the family and friends of the defendant. As my noble friend Lady Brinton said, it is a matter of open justice. This debate confirms that the adversarial system treats the victim as little more than a witness.

[Baroness Thornton (Lab)]

My Lords, I thank all noble Lords for their contributions. I appreciate that this places the Minister in a somewhat interesting situation; yet again, he finds that the Committee is united on this issue, as I think we are.

As when I last spoke a few minutes ago, when I first read this amendment, I thought, “Oh, for goodness’ sake”. What is the problem with people having access to the transcripts of the case that affects them as victims? As this debate has proceeded, and I have learned more about the barriers and what happens to people—supervised listening and people discouraged from going into court to listen to proceedings—I feel even more that this is an important matter which would enormously strengthen our victims’ code and the way victims are treated.

Let us think about how every single word that is said in public in this place is available to watch, and re-watch if you really want to, and to read—the committee transcripts may take a little while to be published, but they are there—and how important that is for our proceedings and for us to be able to do our job so much better. It is not a difficult thing to do given technology today; it is not difficult for those things to happen in this place. Think how much more important that would be for somebody who was the victim of crime.

In many ways, access to information about the proceedings that affect them is symbolic of victims’ rights. I accept that child victims would need to be considered because, apart from anything else, we would not want a child to be able to be identified through transcripts of their proceedings, but it is not beyond our wit to sort that out. A pilot is good, but there is a matter of principle here that the Government will need to address.

Anti-social Behaviour, Crime and Policing Bill

Debate between Baroness Hamwee and Baroness Thornton

Monday 27th January 2014 Lords Chamber

[Baroness Hamwee]

My Lords, I, too, add my thanks. This issue exercises noble Lords around the House, as well, of course, as many people outside the House. It is not a party-political matter; there may be a range of views as to the nuances of how to deal with the issue. I say to the Minister that this is a great and very important step, but he will not have heard the last of the issue of forced marriage.

[Baroness Thornton (Lab)]

My Lords, I welcome this amendment, to which I was very pleased to add my name. Many months ago, when we started down the route of discussing the Bill, I had a meeting with some of the brilliant organisations that work to prevent forced marriages and to support those who are escaping from them. Almost in passing they mentioned to me that they were concerned about the capacity issue. I looked at the record of the Commons debates and the discussions that took place in Committee there and I noticed that my honourable friend Gloria De Piero had raised the matter there and that she received the sort of response from the Minister there that I received in Committee here. It is a very good example of the way that Ministers in this House conduct themselves. I thank noble Lords, particularly my noble friend Lord Harris, for supporting me in pressing this matter on Report when we persuaded the Minister, as it were, to look at the matter again. I am very grateful that he did so. We have reached a very happy conclusion.

Anti-social Behaviour, Crime and Policing Bill

Debate between Baroness Hamwee and Baroness Thornton

Tuesday 12th November 2013 Lords Chamber

[Baroness Thornton (Lab)]

My Lords, the first thing I need to say is happy birthday to the Minister. I am sure noble Lords will agree with me in wishing him all the very best. I am not sure that this is the best way I would choose to spend my birthday.

As I said at Second Reading, we on these Benches generally support the sexual harm prevention orders and the sexual risk orders as set out in Part 9 of the Bill. The two new orders will replace existing powers, and the threshold for risk will be lowered to cover any case of sexual harm, not just cases of serious sexual harm. These orders seek to improve the protection of vulnerable children at risk of sexual harm. On Report in the Commons, the Minister, Damian Green, provided details of the two new orders. He explained:

“The sexual harm prevention order may prohibit the person from doing anything described in it, including preventing travel overseas. Any prohibition must be necessary for protecting the public in the UK from sexual harm or, in relation to foreign travel, protecting children or vulnerable adults from sexual harm. It lasts a minimum of five years and has no maximum duration, with the exception of any foreign travel restrictions which, if applicable, lasts for a maximum of five years but can be renewed”.

The sexual risk order,

“will be available for those who have not been convicted of an offence but who none the less pose a risk of sexual harm to the public. It may be made by the magistrates court on application by the police or the new National Crime Agency where an individual has done an act of a sexual nature and poses a risk of harm to the public in the UK or adults or vulnerable children overseas”.

Of course, any prohibition in the sexual risk order must be necessary for protecting the public in the UK from sexual harm or for protecting vulnerable adults abroad. Such an order, as I have described it, will last for a minimum of two years. The police are very keen on these orders as their view is that they do not have the right measures at their disposal to intervene to prevent harm to children. We agree with them.

It is also welcome that these orders simplify the current system. In relation to non-conviction behaviour, they reduce the number of acts of harm required for an order to be used from two to one, which means that they can be obtained more easily. Extending the scope of sexual behaviour covered by the orders and lowering the threshold from serious sexual harm will also increase their use. This will help tackle behaviour that poses a risk of sexual abuse to children but which has not yet translated into a criminal offence.

In the Commons, my honourable friend Ann Coffey MP noted:

“The risk of sexual harm orders, which the new sexual risk orders would replace, can be given only to offenders aged 18 and over”.

She asked the Minister:

“Will the new sexual harm prevention orders also only apply to offenders over 18? If they will apply to offenders under 18, what consideration has he given to introducing accompanying rehabilitative provisions for child sex offenders?”.

That is at the heart of what this probing amendment is about. At the time, the Minister, Mr Green, said:

“The two new orders will apply to both over-18s and under-18s”.

He also clarified the situation in relation to the sex offenders register:

“In line with the old order, the new sexual harm prevention order will make the offender subject to the notification requirements for registered sex offenders—it will put them on the sex offenders register. For both new orders, in line with the existing position, breach is a criminal offence punishable by a maximum of five years’ imprisonment. Conviction for a breach of a sexual risk order would also make that individual subject to the sex offender notification requirements”.—[Official Report, Commons, 14/10/13; cols. 472-75.]

Extending the ability to use these orders to protect children under 18, including 16 and 17 year-olds, recognises that older children are still vulnerable and can be subject to child sexual exploitation and abuse. The inclusion of vulnerable adults to the SHPO and SRO is welcome. We know that young adults with learning difficulties or special educational needs are targeted by individuals looking to exploit them.

The amendment seeks to probe how the orders will work for young people under 18 subject to the orders and how they are supported. Some young people who are subject to the orders may also have been victims of sexual exploitation, or become involved as a means of self-preservation, as was the case for a young person quoted in one of the briefs that I received. We are seeking safeguards from the Government for young people under 18 who are subject to the orders, to ensure that they receive the support that they need,

“including an assessment of their emotional, welfare and behavioural needs, therapeutic or educational support”.

We are concerned that a breach of the child SHPO without conviction or the SRO can result in five years’ imprisonment when a child has not actually committed a criminal offence. We know that custody may not be the most effective way to tackle children’s criminal behaviour, and I am sure that we all agree that custody for under-18s should only be used as a very last resort in the most serious and violent offences, so we must question whether this is appropriate where children have not been convicted of an offence. We are very concerned about the use of custodial sentences for under-18s subject to SROs or SHPOs obtained without conviction. That is why we have put forward this amendment.

What measures do the Government propose for under-18s subject to these orders? Will the Government consider prescribing the use of therapeutic support and/or education and an assessment of needs in guidance when the orders are applied to under-18s? Will the Government review and evaluate the effectiveness of the orders, such as through rates of reoffending and the effectiveness of any assessment of needs, when they are applied to under-18s? It is important that we question the detail of how this will work for under-18s.

The Minister very kindly wrote to me on this matter and in his letter he mentioned that the Government will be,

“working closely with the Ministry of Justice on applications for orders relating to under-18s and will ensure that guidance is available to the courts and others to ensure that such cases are heard in the youth court as appropriate”.

Will that draft guidance be available before the Bill has completed its passage through your Lordships’ House? I beg to move.

[Baroness Hamwee (LD)]

My Lords, the Government have moved forward a great deal, as have the police and the CPS, in understanding that in some cases, particularly in cases of trafficked people, those who may at first be seen as a perpetrator—often of relatively small crimes, but sometimes of bigger ones—are in fact victims and have done what they have done as a result of the way that they have been treated. It seems to me that what the noble Baroness proposes is absolutely in line with that thinking.

--- Later in debate ---

[Baroness Hamwee]

My Lords, I shall speak also to Amendment 4. This is a very low-key group of amendments as we start the part of the Bill on forced marriages. Many noble Lords will have far more to say on this issue than is appropriate to this little group. I will confine my remarks very narrowly to the points of which I have given the Government notice.

These are two probing amendments. Amendment 3 would take out new subsection (2). The intention is to probe the meaning of “aware” in it, where it says that,

“a person can be guilty of an offence … in respect of conduct engaged in at a time when the person was aware of the existence of the”,

forced marriage protection order. What is the burden of proof as to whether an individual is aware of an order? I assumed on first reading that this meant actually aware as distinct from having been served with an order, which is rather more particular. Is there scope for judicial discretion in dealing with this? As I said, this is just intended to understand what is meant by “aware” in this context. My noble friend Lord McNally accuses me of being too curious about this sort of terminology.

Amendment 4 probes the relationship between criminal proceedings following a forced marriage protection order and contempt of court if an order is not complied with. I agree with what I understand the Bill to provide—that it should be one or the other—but I hope that my noble friend can explain to the Committee how decisions will be taken about which enforcement route will be followed. What criteria will be used? I am not challenging the content; I simply wish to understand how the matter will be approached. I beg to move.

[Baroness Thornton]

I was not completely clear what these amendments concerned when I read them and I assumed they were probing. They are both legitimate questions and I look forward to hearing what the Minister has to say about them.

--- Later in debate ---

[Baroness Hamwee]

My Lords, I am at the cautious end of the spectrum as well. Being cautious, I noticed in the fact sheet on this issue published by the Home Office the lines:

“Victims of forced marriage, their families, and society may feel better served by a specific criminal offence. There may also be a deterrent effect”.

I read into the second sentence that that might also cover a reluctance to approach the health and other authorities simply because they are authorities.

I share the concern that has been expressed about stigmatising one’s own family and the ostracism of not just the family, but of the whole community. However, as I have said already today, I am not yet convinced that this would be answered by there being a choice between civil and criminal proceedings. Indeed, the fact sheet also makes it clear that choice is a key message of engagement. That is because there is still the dilemma of how one’s family and community will react to either type of proceedings. I then asked myself whether, conversely, it could produce the reaction of, “Well, they are civil proceedings, not pursuing the criminal route, so it is not that serious”. That worries me as well. I have said to my noble friend that I am concerned about training in this issue for the police and prosecution authorities, although that probably goes to the guidance: how will they put to those who are victims in this situation the choice they have and yet not put pressure on them?

Finally—at this point at any rate—my noble friend said that female genital mutilation is not a good example. I think that it is a good example because the criminal route has not been chosen. I am not sure what we have learnt from that; I have not picked up that we have learnt anything.

[Baroness Thornton]

My Lords, this has been a remarkable debate and I thank my noble and learned friend Lady Scotland for introducing what is a very serious and important issue to our discussions. I want to make a point about the legislation on female genital mutilation. The reason we had to create an offence was because our law was silent on the matter of female genital mutilation at the time. We created an offence because it was the only thing we could do.

We should not be in any doubt at all that forced marriage is an offence. We need to be clear about that, and I do not think that my noble and learned friend’s—