Queen’s Speech

Baroness Newlove Excerpts

Tuesday 2nd June 2015 Lords Chamber

[Baroness Newlove (Con)]

My Lords, first, it is a genuine pleasure to see my noble friend Lord Bates continuing on the Front Bench and in the Home Office, as I have got to know him very well in dealing with victims’ matters over the years. I also wish my noble friend Lady Williams well in her new role and hope she enjoys working in the Department for Communities and Local Government, as I did for two years.

It is also a great pleasure to take part in this debate today, in which my main focus will be on victims of crime. I was encouraged to hear the commitment by the Government in the gracious Speech to bring forward measures to increase the rights of victims of crime. As I know from personal experience, the impact of a crime is devastating; the ripple effect changes you and your family’s lives for ever. That is why victims of crime should have proper support and protection for as long as they need it. In some cases this will be for the rest of their lives. Such support should be given to victims as a right and not as a favour or concession. In the same way in which offenders have the right to a fair trial, victims should have the right to a fair chance of recovery.

I therefore welcome the plans to introduce a victims’ law. It will be an important and a right step to put victims’ rights on a statutory footing. I look forward to knowing more about what the government legislation on a victims’ law will look like. For a victims’ law to make a real difference to victims, it must lead to a change in how victims are treated. It must not be something that simply sounds good on paper but is not worth the paper it is written on.

My recent review into how victims of crime were treated when they made a complaint found that it is not policies and procedures that make the most difference to victims, but rather how these policies are implemented. Victims want to be listened to, to be treated with sensitivity and respect, and to know who to go to when they have a question or a concern. In other words, it is the quality of the interaction between victims and every single person within our criminal justice system who they come across that makes a difference to their experience and ultimately will lead to a better recovery.

The needs of every victim of crime will be unique to them, and their default button will constantly shift on a daily basis from that in their lives previously. I remember waking up on 10 August 2007 as a wife. Sadly, that night, I went to bed a widow. Victims’ rights need to be respected and fully resourced to give them that support. A one-size-fits-all approach may work for agencies, but it simply does not work for victims. Nor do victims want a succession of different faces as they are passed from one agency to another. They want one person who can co-ordinate all the different things that they need from the moment they report a crime to well after the offender is sentenced.

Victims may need a very wide range of rights and support in order to recover from the impact of a crime. In addition to psychological support, they may need help with practical issues such as accommodation, finances and employment. A victim of crime may be unable to work through no fault of their own; or, as happened to me, they may lose the person who was the main breadwinner. I am anxious that the proposed changes to welfare benefits, including the benefit cap, should not add to the trauma of victims or make their journey towards recovery even harder.

I wait to see how the victims’ law will deliver more for victims than the existing Code of Practice for Victims of Crime. Under the code, for example, victims already have the right to make a victim’s personal statement and to ask to read it aloud, albeit that the small print says that the judge or magistrate can decline this request. So how will this be any different under a victims’ law? A victims’ law will make a real difference to victims only if it is accessible and enforceable. To make it accessible, victims of crime should have an advocate who can advise them of their rights and act on their behalf to ensure they receive them.

Offenders have a legal representative to ensure they secure their right to a fair trial and to support, so surely victims’ rights should be equally protected under a victims’ law—the scales of justice being equally balanced not only for those accused but for those victims against whom the crime was committed.

Finally, I want to know how the victims’ law will be enforced. For instance, will victims of crime be entitled to legal aid, and what penalties or compensations will apply? So while I welcome the Government’s commitment to introducing measures to increase the rights of victims, I will be listening and watching with interest as to how these changes will formulate a genuine difference to victims’ experiences, rather than simply being changes to agencies’ policies.

I conclude with the words of my noble friend the Minister as he steered this Chamber through the Modern Slavery Bill, when he said:

“At the heart of … all our work is the desire to ensure that victims receive the protection and support that they deserve and which will help them to recover ... It is vital that we give them the confidence to come forward”.—[Official Report, 17/11/14; col. 240.]

I respectfully ask noble Lords to keep that train of thought in mind when looking at increasing the rights of victims, as I believe that all victims of crime deserve to be given the best protection and support. Rights for victims should be our first thought, not an afterthought.

Child Sex Abuse Inquiry

Baroness Newlove Excerpts

Monday 15th December 2014 Lords Chamber

[Lord Bates]

Part of the issue here is that because of a series of announcements and revelations which brought about huge concern, there was a desire to move very quickly to establish the inquiry. The important thing, we recognise now, is to put survivors’ groups, and the confidence of those groups, at the heart of this, which is the reason the Home Secretary has met survivors’ groups three times—on 3, 20 and 25 November—and indeed is meeting them today.

[Baroness Newlove (Con)]

My Lords, while we are discussing who is to be the chairperson for this inquiry—it is important that we get the right person—my concern is to support the victims in the mean time. What assurances can the Minister give about the support that will be provided, because it is not right through the bureaucratic processes to ask these victims what has gone on in their lives while they are being hit by barriers and not being given the right support and recognition of what they have gone through?

[Lord Bates]

My noble friend is absolutely right. I also pay tribute to her work as the Victims’ Commissioner, which she carries out assiduously. Of course more needs to be done to help the victims. We are consulting with the Department of Health to find out what additional help we can provide, and in the interim we will be announcing a further package of £2 million of support for victims’ groups in the ongoing discussions.

Modern Slavery Bill

Baroness Newlove Excerpts

Monday 8th December 2014 Lords Chamber

[Lord Judd (Lab)]

My Lords, it would be inconceivable to move forward with this legislation without an international dimension to the Bill. As somebody who has worked in international work professionally for much of my life, it seems to me that there are two fundamental points to be made about this. The first is that the issue with which we are dealing is international by definition, and therefore the response has to be international. We cannot be as effective as we should be unless we are taking that into account and making it central to our whole approach.

There is the whole psychological and social dimension as well. When dealing with youngsters in this incredibly traumatic and sensitive situation, not to have a relationship—and a growing relationship—with those grappling with the problem internationally calls into question how far we will be able to understand the background and underlying issues in the context of a particular child. This is a challenge to humanity and the response has to be by humanity overcoming national frontiers and borders, and making sure that we work with those who care and are putting their whole lives into tackling this problem, not working quite separately from them.

[Baroness Newlove (Con)]

My Lords, I ask the Minister to listen to some of the views in your Lordships’ House in respect of the support for victims. As the Victims’ Commissioner for England and Wales, I welcome much of what is in the Bill and, as I mentioned at Second Reading, I look forward to working with the anti-slavery commissioner at an early stage to ensure consistent, co-ordinated and high-quality support for victims of trafficking. It seems that as it stands, the Bill considers the needs of victims to be mainly in securing successful prosecutions of the perpetrators. While I want to see the guilty convicted and punished, I want the Bill to go further for victims of trafficking by helping to ensure that they are helped to recover and supported in leading fulfilling and healthy lives.

We in your Lordships’ House have all been shocked to learn about the experiences of some of the victims of trafficking. We have heard about the physical, sexual and emotional abuse and about almost unimaginable cruelty, so we should understand that helping victims to recover cannot be achieved in a matter of weeks or months. It may take a number of years, or indeed a lifetime. Yet I have seen for myself that with the right support, victims can be helped on to a recovery journey and to get on as best they can. We must not stop the support for victims of trafficking when a court case is over; we must consider them as a traumatised human being, not simply as a means to secure a conviction. That is why I want to work with the anti-slavery commissioner; I want to ensure that the victims of these terrible crimes can access good-quality services for as long as they need them.

I had a very helpful meeting with my noble friend the Minister last week to discuss these issues and I would welcome meeting the anti-slavery commissioner soon. We considered a number of options which may come under the duty to co-operate in the Bill. We could have a memorandum of understanding to make sure that there is nothing specific between the victims’ commissioner and the anti-slavery commissioner. We could specify in more detail how the commissioners could work together regarding the commissioning and quality of services, and the provision of services for victims. We could also have the two commissioners co-operating by agreeing in letters to work together to make sure that we support the services of victims.

What matters to me most is not how this co-operation is achieved but that it is achieved. As victims’ commissioner, I want all victims to have a voice and for them to be helped to recover from their ordeal. The quality and duration of the help they need should be determined by their needs and not by the type of crime they have suffered. The criminal justice system should expect to fit around the victim instead of the victim fitting around the system, as is the case today. As I said at Second Reading, I look forward to meeting the anti-slavery commissioner to consider some of these options, but I ask the Minister to look at how the support of victims is going to be carried forward. We need this Bill and we welcome it but as victims’ commissioner I meet many victims and we have to support them through the lifetime of their journey to make them better people and to give them healthier lifestyles.

[The Parliamentary Under-Secretary of State, Home Office (Lord Bates) (Con)]

My Lords, it is a privilege to be able to respond to this extraordinarily high-quality debate. It is a large group of 26 amendments and there have been 15 excellent speeches. In the time permitted it will perhaps not be possible to go into every detail but I assure noble Lords we will—as we have done throughout—pay considerable attention to all the points made very powerfully and eloquently during this debate and seek to respond to them as we go through the remaining stages of the legislation in your Lordships’ House.

I will try to direct as many of my remarks as possible to addressing the many specific points that were made. The noble Lord, Lord Warner, began in good style by asking me to reflect on the previous legislation which had just secured its passage through your Lordships’ House, and invited me to think about whether we ought to be as accommodating of amendments. I want to put on record that the Government continue to amend and refine this piece of legislation in the light of our own experience and consultations but also in the light of the comments made and the concerns expressed by Members of your Lordships’ House and, indeed, the other place. As evidence of that I was just calculating that there are 16 government amendments in the Marshalled List today and there will be many more to come.

We have seen the Bill strengthened to include child trafficking advocates. There have been changes with regard to the victim’s personal circumstances, including their age. There is a statutory defence—which was a major change—and reparation orders to ensure that victims are actually compensated. Identification of victims has become part of the commissioner’s remit and the commissioner’s independence has been put in the Bill. We have had a new clause on supply chains, which was introduced in the other place. We have had a requirement on child trafficking advocates to act in the best interests of the child. We have introduced a statutory defence for victims. We have introduced an amendment so that a lack of consent is not required; it applies to all children. I do not mean to be tedious and to test the patience of your Lordships’ House but I put on record that the Government have engaged with people across the House, recognising that this is a landmark—or démarche as my noble friend Lord Deben put it—piece of legislation. We all want to make sure that we get it absolutely right.

As the starting point of an excellent contribution, the noble Lord, Lord Warner, referred to pre-legislation scrutiny in refining this legislation. It identified four elements—prevent, protect, prosecute and partnership. It is no coincidence that when the modern day slavery document was produced just before Committee in this place we identified four elements—prevent, protect, pursue and prepare. They broadly followed that line of alliteration highlighted in the previous Bill and in the previous consideration of this, so that is part of what we are trying to do.

The noble Lord, Lord Patel, said that he was very concerned about redaction, essentially. That is a key concern that a number of noble Lords have referred to. He wondered how this fitted in with other commissioners and whether it was going to be singled out and limit the effectiveness of the designated Independent Anti-slavery Commissioner. I draw noble Lords’ attention to Clause 41(6)(a), (b) and (c). That is not simply carte blanche to say that matters can be redacted from the report that may lead people out there to question its independence and authority. There are very specific instances that would be given where, for example, something,

“would be against the interests of national security, … might jeopardise the safety of any person in England and Wales, or … might prejudice the investigation or prosecution of an offence under the law of England and Wales”.

When I say England and Wales, I mean simply that the Bill goes on to reference Scotland and Northern Ireland after that.

I know that my noble friend Lady Hamwee asked whether this was required under the independent reviewer of terrorism legislation provision. That is the case; the Secretary of State must be satisfied that it will not prejudice criminal proceedings. Then there is the Independent Chief Inspector of Borders and Immigration. If the Secretary of State thinks the content is undesirable for reasons of national security or might jeopardise individual safety, then information can be redacted under those very narrow and specific circumstances. It was actually with regard to the latter case that we sought to draw the wording for this part of the Bill from the latest piece of legislation that we had. It has very specific elements in it.

With regard to the location of the commissioner, I am aware of the view that he should perhaps sit outside the Home Office; we had that debate, and a number of noble Lords said that. Physically, he sits outside the Home Office in Globe House, with the Independent Chief Inspector of Borders and Immigration. It was interesting to talk to Kevin Hyland last week. We went through the comments that had been made in Committee on Wednesday. He expressed the view that being attached to the Home Office, rather than standing alone, helped his case. He coined a phrase to me, which he gave me permission to use, that if he were on his own it would be a bit like being a corner shop trying to take on Tesco, although I suggested that we use the word “Sainsbury’s” just in case that was not appropriate. The point is that he would be a small, independent operator seeking to battle in the marketplace with a major government department. The fact that he carries the weight behind him of one of the major offices of state seems to him to help rather than hinder his case.

Those sentiments were backed up by the conversation that Kevin Hyland had with the noble and learned Baroness, Lady Butler-Sloss, at the meeting this morning of the European Commission, where he seemed to reiterate that he felt that he was given a degree of independence to operate as he saw fit. Linking back to the conversation we had on Wednesday in Committee, he also made the point that he felt he had freedom to appoint from outside the pool of the Home Office. I have since sought clarification of that and that is the case. I can inform your Lordships’ House that he is at liberty and not restricted to drawing from the Home Office. He might draw from there some of his more junior roles, but the request was that the senior roles should be ones that he appoints and that they should be people who he wants to head up particular elements. Therefore, I was heartened that some of the appointments he was discussing were at a senior level but from outside.

Modern Slavery Bill

Baroness Newlove Excerpts

Monday 17th November 2014 Lords Chamber

[Baroness Newlove (Con)]

My Lords, I am really pleased to speak on this very important Bill. It is very important because we are speaking about victims of modern slavery. There is much in the Bill that I welcome: simplifying existing slavery and trafficking offences; increasing maximum sentences; creating civil orders and establishing a legal duty to report potential victims of trafficking to the National Crime Agency. All of these seem like sensible measures to improve detection, enforcement and punishment.

However, I am concerned that the Bill says very little about what will be done to help and support the victims of slavery. It is almost as if the physical, emotional and practical impact on those affected by this terrible crime has somehow been forgotten in the drive to bring the perpetrators to justice. I therefore speak on Parts 4 and 5 of the Bill today. We are told that legislation is not the only way that the Government will seek to tackle modern slavery and that there is a non-legislative programme of action but placing support for victims of slavery on a statutory footing would send out a very powerful message. It would say that victims of slavery have a legal right to help and that it is not being given as a concession or favour. The Government have recently announced their intention to introduce a law for victims of crime, so why should victims of slavery be excluded?

I know there is excellent help and support available for victims of slavery. Earlier this year, I saw for myself the work of the Salvation Army when I visited its safe houses. I would like to pay tribute to the Salvation Army for the outstanding work that it does in this field. I met a number of women who had been trafficked for prostitution and domestic servitude. One woman, Esther, left Nigeria with her mother when she was 14 to go on what she thought was a holiday. After a week, her mother left and she was forced into domestic servitude where she was beaten, starved and abused. After three years, she escaped but supported herself through prostitution and was too scared to go to the authorities. It was only when she was picked up by the immigration services several years later that she was referred to the Salvation Army. There, she has had counselling to help her come to terms with what had happened to her, as well as practical help to resolve her immigration status, find accommodation and prepare to find employment.

The staff at the Salvation Army house were nothing but short of incredible yet a vast amount of their time was taken up with dealing with the bureaucratic processes relating to immigration status, benefits and other practical issues. I appreciate that decisions about someone’s right to remain in this country cannot be made overnight, but I ask my noble friend the Minister to think about what it might feel like to be Esther, who has escaped years of abuse and is now safe. What must it feel like not to know whether she will be sent back to Nigeria and what might await her there? She does not know whether her mother was complicit in her being trafficked or what she could do to support herself if she was returned. This will clearly make her vulnerable to further abuses, including the risk of being retrafficked.

Delays in decision-making do not mean just that an organisation has not met its targets; it also means that somebody’s liberty, security and safety are at stake. I ask my noble friend the Minister to ensure that all government departments work smarter together to ensure that victims of slavery receive that emotional, physical and practical support in a much more co-ordinated, consistent and timely manner. We need local authorities to take responsibility for supporting recognised victims of human trafficking as “vulnerable adults” and to provide suitable housing for them. The sad fact is that very few local authorities do this. Victims of slavery also need support if they are to provide evidence against their abusers in court and they must not be abandoned afterwards. Using victims for our own purpose of securing a conviction and then failing to support them afterwards risks abusing them all over again.

I welcome the steps being taken to reduce the prosecution of victims where the criminal act has been intrinsically linked to their enslavement. I welcome the review of the national referral mechanism, particularly those recommendations related to victims who are moving on from Salvation Army safe houses. I know that the Salvation Army is confident that its subcontractors make every effort to ensure the safety and well-being of victims leaving the service. Many of them provide programmes and “drop-ins” while others provide an “open door” to those who still wish to remain in contact for occasional advice and support. Some of this post-exit support has been funded by the Salvation Army’s victim care fund, but otherwise this funding has had to be found by the subcontractors. We must ensure that support for victims is adequately funded.

The recently announced Independent Anti-slavery Commissioner, Kevin Hyland, has a wealth of knowledge and experience in the field of human trafficking. I wish him well in taking up this new role. However, apart from a statement that the commissioner will act strongly in the interests of victims and potential victims by making sure that the law enforcement response to modern slavery is focused, co-ordinated and effective, there is very little substance on what support will be made available for the victims. As Victims’ Commissioner for England and Wales, I look forward to an early meeting with the commissioner to see how best both our roles can complement each other to ensure that each and every victim gets the help and support that they need.

I know that every one of us in your Lordships’ House feels angry and sickened by the existence of this wicked trade in what we call a “modern society” and that we all agree that detection, prevention and prosecution are important. However, it is just as important to include provisions for emotional, professional and legal support for these victims of crime lest we forget that behind every statistic on modern slavery is a human being in grave danger and in a lot of pain.

Anti-social Behaviour, Crime and Policing Bill

Baroness Newlove Excerpts

Monday 2nd December 2013 Lords Chamber

[Lord Taylor of Holbeach]

My Lords, perhaps I may deal with that point. It is clear that local authorities are likely to be engaged in the compilation of suitable elements for community remedies but we do not see the necessity of putting it in the Bill.

I thank my noble friend Lady Hamwee for raising these issues about this important part of the Bill. Dealing with low-level crime, out of court where appropriate, means that victims get justice quickly. My noble friend is absolutely right: there is a review going on at the moment of informal cautions and the consequences of out-of-court settlements. Damian Green announced this in a Written Ministerial Statement on 19 November. These remedies strengthen the armoury. They mean that the offender has to face immediate consequences for his or her actions which can make her or him less likely to offend in the future. The community remedy will give victims of low-level crime and anti-social behaviour a say in the punishment of offenders out of court. It will also ensure that victims and the public agree that the punishments used are meaningful, rather than a token slap on the wrist.

The Bill provides that the actions on the community remedy menu must have the objective either of assisting in the offender’s rehabilitation, ensuring that they make reparation or providing a punishment. Some actions will have more than one of these elements; for example, cleaning up graffiti is a reparative action but it also has an element of punishment. In other cases, appropriate actions may have only one of the elements required. One of the actions we have suggested in the draft guidance is that the offender could be asked to sign an acceptable behaviour contract, whereby they agree not to behave anti-socially in future. This assists the rehabilitation of the offender but it need not have a reparative or punitive element.

I know that my noble friend is keen to avoid actions that are purely punitive in nature. However, I see no reason why this should not sometimes be appropriate. The Criminal Justice Act 2003 already provides that a conditional caution may impose a financial penalty on the offender. On its own, this would be a punitive punishment and may, in some cases, be entirely appropriate. So we should not rule out that option.

Amendments 56G and 56H would make the community remedy document subject to consultation and agreement with the local authority as well as with the police. The PCC has a duty to consult the chief constable and to agree the community remedy menu with him or her. This is appropriate, since police officers will be using the community remedy document and will take ultimate responsibility for the sanction offered to the offender.

However, I believe that the role of the local authority is a little different. The PCC should consult with community representatives and the public. We would expect this to include local councils, as they are likely to contribute a number of actions to the menu. Professionals such as youth offending teams will know what actions are appropriate and what resources are available locally to deliver the more formal sanctions.

My noble friend has tabled a number of amendments—alongside those in the name of my noble friend Lord Greaves, who is not in his place today—which seek to enhance the role of local authorities in the Bill. In this instance, I believe that it makes a good deal of sense to formalise the relationship between the PCC, the police and local authorities in establishing the community remedy document. There is much to be gained from this relationship and, since the community remedy document will be established in advance—one might say in slow time—there is nothing to lose by making the responsibility to consult a statutory one. However, I believe that the responsibility to agree the actions to be included on the community remedy document should rest with the PCC and the chief constable. PCCs are democratically accountable to the public, and the responsibility of ensuring that the community remedy meets the needs of local people properly rests with the PCC.

For many of the same reasons, I do not believe that the decision about whom it is appropriate to consult in preparing the document should be a joint responsibility of the local authority and the PCC, which is what Amendments 56GA and 56GB, tabled by my noble friend Lord Greaves and spoken to by my noble friend Lady Hamwee, seek to do. Responsibility for preparing the community remedy document properly rests with the PCC, and so, by and large, should the decision on consultation.

Amendments 56HA and 56HB, also tabled by my noble friend Lord Greaves, would mean that the community remedy would be used for anti-social behaviour only and not for low-level criminal offences. The Bill places a duty on the police officer to make reasonable efforts to obtain the views of the victim on whether the offender should undertake any of the actions in the community remedy document.

As currently drafted, that duty applies when someone has admitted to anti-social behaviour or a low-level criminal offence which the officer has decided will be dealt with using a conditional caution. The community remedy provides a means to engage the victim in considering what the community resolution should be or in considering appropriate conditions to attach to the caution. The police officer will take ultimate responsibility for the sanction offered to the offender and must ensure that it is proportionate to the offence committed.

I am firmly convinced that this victim-focused approach should apply equally where it is considered appropriate to deal with a low-level criminal offence with an out-of-court disposal. In particular, where the offending is low-level or it is someone’s first offence, undertaking an action from the community remedy menu, such as apologising to the victim or repairing the damage caused, may have a more positive and longer lasting impact on the offender than a formal court sanction.

As I have indicated, I will give sympathetic consideration to Amendment 56G in advance of Report. As for the other amendments, I hope that, having aired these important issues, my noble friend will be content to withdraw her amendment.

[Baroness Newlove (Con)]

My Lords, how will the remedies be evaluated? I am inclined to think that the community remedy is not “one size fits all”. I know that it rests with the PCCs but I have said previously that I am concerned about how the remedies will be reviewed across the country. Can the Minister give me any idea of how that is going to happen?

[Lord Taylor of Holbeach]

Each PCC has to consult within his area on what is considered to be an appropriate menu—if one might call it that—of suitable community remedies. I have little doubt that members of the Association of Police and Crime Commissioners will discuss this matter in some detail among themselves and that there will be considerable input. However, essentially it will be about local decisions made to address local problems and finding local solutions for local anti-social behaviour and for dealing with low-level crime at a local level and in a formal way.

--- Later in debate ---

[The Earl of Lytton (CB)]

I come to this area of problems between neighbours or people in residential environments through my work as a chartered surveyor. I see it in terms of being brought into situations where these problems have turned into some sort of property dispute. I have enormous sympathy with what the noble Baroness, Lady Smith of Basildon, set out, and with what the noble Baroness, Lady Hamwee, said. The difficulty is that when people have annoyed each other there are various phases to this annoyance.

The first stage is to say: “Oh, well. They have done something they should not have done”. The second stage is: “If they do that again, I shall take action”. The third stage is when absolutely anything, however minor, triggers the most violent reaction. People who have got themselves in a sensitised situation cannot get out of that psychological bind. That is one of the most difficult and intractable things that one has to deal with. This may result in the police being called out on multiple occasions or the local authority being endlessly rung. That is the reality.

Yes, people will claim that they are vulnerable, although in a sense that is a self-assessment of whether they are actually vulnerable or it is some self-created vulnerability. What I do know is that on both sides of the argument, the perpetrator and the victim are likely to think that the other is completely nuts, irrational and unreasonable in their attitude. I do not know how this Bill or this amendment resolve that issue. There is a case for taking some of these things out of what one might call a heavyweight approach to dealing with the problem.

Whether one fires off in the direction of some other community means of trying to unpick things—getting people to realise that their neighbours’ children are not ogres and the children’s parents to recognise that the affected person is also not an ogre—is a really difficult issue. I am not sure that we have the solution here. However, I shall certainly give the matter some careful thought between now and the next stage, because there is something in terms of social cohesion and peaceable existence for people in residential environments that needs to be addressed much more deeply.

[Baroness Newlove (Con)]

My Lords, I shall speak to Amendment 56K. For far too long we have allowed concerns about the rights of perpetrators to inhibit communities from addressing this important issue at the expense of the majority of law-abiding citizens, who are simply trying to get on with life, raise a family, work and study. What has to happen before we actually face that what is termed anti-social behaviour is so wide that we cannot sit in the ivory tower of Parliament and honestly tie it down for today and tomorrow? We need to allow flexibility for these powers to be meaningful.

I must congratulate and thank the noble Lord and the noble Baroness for proposing one of very few amendments that think of the victims. I have seen so many provisions and amendments about protecting the perpetrators’ ethical and religious beliefs and considering their disabilities, but for me, this is the first about the victim. I cannot tell your Lordships’ about the number of times that I have been contacted by victims who are ill, elderly, suffer disabilities—or all three. They have to deal with anti-social behaviour and are scared to leave their home. These people need immediate action and cannot wait for the numerical thresholds to be met. So I, for one, fully support this amendment.

[Lord Taylor of Holbeach]

My Lords, this has been a good debate and we have addressed the whole relevance of the community trigger and how it might operate in practice. We have had the four trials—the noble Baroness, Lady Smith, referred to the one in Manchester and the report that we have had on it. We can all agree that persistent anti-social behaviour causes significant harm to victims. That has been made quite clear by everybody who has spoken—my noble friend Lady Newlove, the noble Earl, Lord Lytton, and my noble friend Lady Hamwee. However, people can sometimes find themselves being passed from the police to the council, to the landlord and back again, or reporting the same problem over and over again.

The community trigger will give victims and communities the right to demand that agencies that have ignored repeated complaints take action. It is an important safety net and is at the heart of our reforms to put the victim at the centre of the response to anti-social behaviour. I hope that no authority in every instance to has to wait to be reminded three times of anti-social behaviour. Some anti-social behaviour will need immediate response, but the community trigger will give victims the right to a review of the authority’s response when three notifications have been made.

Amendment 56K, from the noble Baroness, Lady Smith of Basildon, relates to the threshold for using the community trigger. The Bill provides that the threshold will include the number of complaints that a victim has made in a certain timeframe; for example, three complaints in six months. However, it will also include an assessment of the victim’s vulnerability, because we know that it is often the most vulnerable in our society who are at greatest risk. Many agencies complete a risk assessment when a case is reported, and will revisit the assessment periodically, because vulnerability and resilience to vulnerability change over time in certain cases, though not in all.

The Home Office summary report on the community trigger trials, which was published in May, contains an example risk assessment matrix. This was the one used by the Richmond Housing Partnership. The matrix asks for details of the behaviour, such as how frequent it is, whether it is getting worse, the vulnerability of the victim—including whether they are being deliberately targeted and how much it has affected them—and the support available to the victim, such as whether they live alone or have a close network of friends and family, and whether their health is affected. The answers are scored and the result provides an indication of the potential harm—I use that phrase definitively, because it appears in the Bill—that may be caused to the victim. It is not a definitive assessment, but it assists the professional in assessing the needs of the victim.

We have added a second limb in response to a recommendation from the Home Affairs Select Committee. It ensures that the potential for harm will be a consideration when setting a trigger threshold, not just the number and frequency of incidents. Amendment 56K seeks to determine that the community trigger threshold will be met if the victim is judged to be vulnerable due to ill health, mental capacity, race, sexuality or religion. I have every sympathy with the intention of this amendment.

I understand that anti-social behaviour can often be motivated by these factors, and that vulnerable people need our protection. However, the broader approach to considering potential harm that I have just described captures these as well as other vulnerabilities. Rather than trying to put victims into categories, we require agencies to consider their individual needs.

I hope that I have reassured noble Lords that focus on vulnerability is already provided for in the Bill. I draw the noble Baroness’s attention to page 58 and Clause 96(5)(b), which refers to,

“the harm caused, or the potential for harm to be caused, by that behaviour”.

So that is in the Bill.

Anti-social Behaviour, Crime and Policing Bill

Baroness Newlove Excerpts

Tuesday 29th October 2013 Lords Chamber

[Baroness Newlove (Con)]

My Lords, I am very pleased to welcome the Bill into the House. For me, it contains a number of important clauses on two aspects that are very close to my heart and work. These are the powers around tackling anti-social behaviour and the focus on victims. Perhaps some noble Lords will know my story and will therefore know that, when I speak about anti-social behaviour services and support for victims, I speak from the heart. When we say “anti-social behaviour”, there are some who will truly understand what it means, how a victim feels when they are subjected to it and what the repercussions can be, not just for the victims but for their families. Anti-social behaviour is very real, and I believe that it is a growing problem in our communities. I know this first-hand as the result of going around the country as the Victims’ Commissioner for England and Wales.

We all know about the tragic cases of Fiona Pilkington and David Askew, and so many others in this country. My late husband’s name is also on that list. If I may, I shall briefly share my experience with noble Lords again, because it is important to demonstrate what the Bill is trying to tackle. What does it feel like for victims? I can tell the House. In 2007, I lost my late husband through the mindless actions of a group of alcohol-fuelled and drug-fuelled youths. Before that, though, I was an activist in my community because of all the anti-social behaviour that it was suffering and enduring every weekend. My first-hand experience was that everyone was powerless, as anti-social behaviour was not even considered important enough to be dealt with. The police and local agencies did not do enough. All the while, victims of anti-social behaviour were suffering, and I know both from meeting people and from the letters that I still receive that many still are, many of them in silence. I assure the House that anti-social behaviour is not a low-level crime.

For me, it was essential to get a place where these concerns could be addressed and this behaviour could be brought to a stop. I remember clearly that as I walked back from a community meeting one day with a neighbour, I said, “Nothing will change until someone is murdered”. Sadly, that someone was my late husband, Garry. That is why I welcome the Bill, and I welcome the powers that will make it far easier for victims to be heard and to have a say through the community remedy; and for the police and crime commissioners, local authorities, social landlords and other forces to be able to deal immediately with the anti-social behaviour that blights our country and its citizens—that is, the community that is the majority.

I know how devastating the impacts of anti-social behaviour and crime can be, so it is imperative that communities and professionals have the right powers to enable them to deal with such matters. I think that the move from 19 powers to six goes some way towards addressing that. There is a good range in these powers: the criminal behaviour order, the public spaces protection order and the police dispersal powers, to name but a few. These will allow various authorities the power to deal expeditiously with a number of anti-social behaviour-related matters, allowing victims a chance for their concerns to be heard and for some respite. There is a need to publish some of these data so that the community is aware of the hot spots and can hold their police and crime commissioners to account; so that we all know how many requests there were for the community trigger and how many met the criteria; and so that if adjustments need to be made, in a world that changes and moves so rapidly, the police and the authorities can move with it and victims are not left powerless.

I have said this before but I believe that it is worth reiterating: as the first point of contact for most victims of anti-social behaviour, it is important that police officers and local agencies have the skills to support and protect them quickly and effectively. This includes having access to powers that they are familiar with and find easy to use. I am confident that the powers in the Bill will be used by the police to good effect. I am pleased that the Government have prepared and laid draft guidance to support front-line professionals in understanding and guide them in the use of the powers set out in the Bill. I am sure that officials consulted with professionals before preparing the document, but the fact that it is available in draft is good indeed because it can be refined where necessary. I hope that the Home Office is open to taking on board feedback from victims, professionals and communities if need be.

However, I am concerned about the community trigger and the expectations it could raise. I fully support the idea of a review of responses to complaints of anti-social behaviour, and the fact that any individual can call for a review means that the anonymity of witnesses can be preserved. Even one incident of anti-social behaviour is too many. Of course I understand that police and local authority resources are limited, so there must be a proportionate response, but as each area will have its own threshold of incidents before a trigger could be activated I remain of the view that this should be renamed so that it does not raise expectations. I have previously suggested that this could be “community review” or “community alert”, which I hope that the Minister will consider.

I fully support the provision in Clause 129 which would mean that the police and crime commissioners were rightly, as elected representatives of their communities, responsible for commissioning the bulk of victim services. They are best placed to provide the depth and breadth of services required to meet the individual needs and circumstances of victims, and to identify the effective services currently operating in their area, including the small grass-roots organisations working to support particular groups of people which have sprung up in response to specific needs in the community.

Many of these organisations provide outstanding services to victims and witnesses which should be recognised and properly funded. This is an excellent opportunity to engage with local people and assess what works for their community and what further resources are needed. It is a chance to define standards of care more clearly, in partnership with victims, and to work with their communities to address gaps in provision and ensure that all services—from the biggest statutory agencies to the smallest specialist charities—work together to provide the best possible support to allow victims to cope with and, as far as is possible, recover from the impacts of crime.

I am against a system where the Government prescribe how services are commissioned. Police and crime commissioners must have the flexibility to commission services based on local needs assessments and not on instructions from the centre. That variety and quality of support has been missing from current service provision and cannot be provided at a national level. It is time to move away from the one-size-fits-all approach, which simply does not work, so I am pleased that this clause is contained in the Bill.

In my written evidence I said that the type of protection arrangements provided to vulnerable victims should not be dependent on their willingness to be involved in criminal proceedings; it should be entirely dependent on the risk to their safety. I maintain that view and I fully support these changes to current legislation, which will help ensure that statutory-based protection is available to all those who may need it.

As the Victims’ Commissioner, I am proud to represent the voices and concerns of the many vulnerable people who sadly feel forgotten or unsupported. As a mother of three beautiful daughters, whose father, Garry, was murdered as a result of anti-social behaviour, I know from the pain in my heart and the sadness in their eyes what can result if anti-social behaviour goes unchallenged. Therefore, I stand here today in support of the majority of this Bill and hope that the Minister will take on board my concerns.

Police Reform and Social Responsibility Bill

Baroness Newlove Excerpts

Wednesday 27th April 2011 Lords Chamber

[Baroness Newlove]

My Lords, I was amazed but apprehensive when the Prime Minister asked me to join you, and I feel truly humbled and honoured to be here today. I want so passionately to do justice for the many campaigners and victims whom I represent. I know that I am hugely privileged to be singled out, and I promise that I will give every ounce of my strength, every breath, so that I do not let them, your Lordships or the Prime Minister down. I wish to thank my sponsors, my noble friends Lord Strathclyde and Lady Warsi, and my wonderful, warm and kind mentor, my noble friend Lady Morris of Bolton. I thank especially all the employees of your Lordships’ House: my friends the doorkeepers, the attendants, and the wonderful staff and catering staff. They have shown me great kindness and respect. Their warmth has meant so much to me and they deserve their recognition for keeping the wheels turning smoothly here.

I might speak in simple words and not be as polished as many of your Lordships here today, but every word comes from my heart. There is such a wealth of experience, knowledge and humanity in this place. I look to your Lordships’ House to help me, a novice, make this a safer and happier country. I cannot change the past but I will do all I can to improve the future.

I dedicate my speech to my late husband Garry and to my beautiful daughters for their courage and strength. Without their love and support, I would not have wanted to go on living. Together, the girls and I set up Newlove Warrington and we are working on establishing a youth zone based on the brilliant model of Bolton Lads & Girls Club to enrich the lives of young people. I also thank my elderly parents for their love, guidance, discipline and strong core values, which have shaped my life and which I try to pass on.

Last year I became government Champion for Active Safer Communities, and I have met brave and inspiring citizens from all walks of life. These quiet, unsung heroes just get on making their neighbourhoods better places to live. They are good neighbours and they strengthen my belief in the better side of human nature, while exposing the darker element of suffering still out there, to our shame. My report, Our Vision for Safe and Active Communities, is their voice, and together we stand a real chance of rebuilding parts of our damaged society. I am also delighted to work within the Department for Communities and Local Government, and across Whitehall, to implement my report’s recommendations, and I ask you to support them and me.

I am just an ordinary woman from a working-class background propelled into this elevated position by a set of horrifying circumstances, which I wish with all my heart had never happened. Almost four years ago I was a wife, married to Garry for 21 years, and a mother of three children: Zoe, then 18; Danielle, 15; and Amy, only 12. Garry had been struck down with cancer at the age of 32 and had to have his whole stomach and spleen removed. Together, we fought and beat it as a loving, united family. Garry was brave, funny, the life and soul of the party, and he adored us, which makes all the more terrible the senseless way in which we lost him.

Our neighbourhood was bothered by groups of youths hanging around an underpass near to our home, drinking, swearing and being a nuisance. I attended neighbourhood meetings about them but it was treated as low-crime, anti-social behaviour, so not a priority. On the evening of 10 August 2007, Garry had gone out barefooted to investigate breaking glass outside our home. Our next-door neighbour was a young woman alone with a baby, and he was worried about their safety. Like a hunted animal he was brought down by the baying, laughing gang whom he had questioned in front of our horrified daughters. At one stage there were more than 15 around him, boys and girls, aged between 14 and 18 years, high on drugs, alcohol and adrenaline. Within minutes Garry suffered 14 ferocious kicks to the head as well as suffering 40 internal injuries. On 12 August I woke up a wife but went to bed a widow.

Some of these teenagers had been in trouble with the law from only 11 years of age, and I ask: where were their feckless parents? Our girls watched their beloved father being murdered; they were covered in his blood. At the 10-week murder trial, they had to relive that experience minute by minute, to be cross-examined by five QC barristers. My 12-year old daughter was told not to show emotion or fidget when being questioned via video link; but my girls bravely told the truth. They helped bring some of the guilty to justice.

There is so much in the criminal justice system that is so wrong. The victim or their families are given scraps from the table. That is why I am working with Victim Support, the national charity supporting all victims, as well as witnesses. For too long, victims have been second-class passengers, with the offender and their needs in the driving seat. It is time that we were treated with respect and allowed to participate in the criminal justice system—and even allowed to take the driving wheel sometimes. If victims do not have confidence in the justice system, then we all suffer. If frightened witnesses will not give evidence, cases will collapse and offenders will walk away. That surely cannot be allowed to happen.

I also have to ask: why have we let our lovely towns and villages, so charming by day, turn into Dodge City at night, infested with drunken, brawling people vomiting and causing chaos? They cost us billions of pounds, their violence immeasurable in lost innocent lives. They prevent ordinary people enjoying a night out. We must return to social drinking, get rid of underage and binge drinking, and work closely with the drinks industry to educate and promote safe, sensible alcohol consumption. I will make that one of my top priorities.

Since that terrible night when Garry died, I have campaigned for victims whose lives are blighted by thugs. Minor crime, disorder and anti-social behaviour should be a huge warning bell to us all. Unless this behaviour is nipped in the bud, it grows like a cancer, unseen and undetected until it blooms like a malignant flower, which, as we know, can kill. Stories like the Pilkingtons’ or the Askews’, where isolated and vulnerable people have been bullied and hounded to death, are a disgrace and must not continue to happen. But I know that the big society is out there. It has been simmering for years on low heat with no name. Good neighbours and good deeds exist and we must learn from them. We must celebrate them and give them the resources and the power to turn up the heat. I believe we need that fuel of people power to make a difference. Cynics may knock it, but I know that it works. I stand before you to show that it can propel anyone to the greatest heights. Personal responsibility is the price we pay for all the good things that we take for granted. We have shelter, food, education, access to free worship and free speech, and many countless blessings. Children and young people have to be taught moral values and standards, and also that community, family and a love of our country are things to honour and cherish, not to mock and deride.

When we enter a period of peace and kindness in this country, when everyone is able to go about their lives safely, day or night, then, and only then, will Garry's legacy, the high price he paid with his life, be deemed by me to be almost worth the cost.