Victims and Prisoners Bill

Baroness O'Loan Excerpts

2nd reading
Monday 18th December 2023 Lords Chamber

[Baroness O'Loan (CB)]

My Lords, I wish to speak today on a couple of issues to which the Bill gives rise. Noble Lords have said that, on the face of it, this seems an eminently sensible Bill in many respects, and I think there will much support for elements of it across the House. However, it has caused significant concern among organisations and NGOs that operate in fields such as criminal justice and the protection of victims of domestic violence. I am thinking of organisations such as Amnesty, Justice and Inquest and, most recently, some of the families affected by the Hillsborough disaster, the Manchester bombing, the Grenfell Tower fire and the Daniel Morgan case.

In all these cases, those charged with inquiring into what happened experienced delays and even obstruction in getting access to material necessary to establish what had happened. The measures in this Bill and the Criminal Justice Bill do not go far enough in addressing the problems identified by victims during repeated criminal cases and inquiries over the years, not least the disproportionality of resources available to statutory agencies, which may be able to brief several leading counsel, and to victims, who find themselves struggling to afford the costs of one. All these matters increase the stress experienced by victims, and a code and a charter do to not equate to a statutory obligation on agencies. I attended the Minister’s briefing on his Government’s response to the Jones report on the Hillsborough case and the experience of victims, and there was universal sadness and concern about the Government’s response.

The Human Rights Act has been very significant in strengthening the rights of those who, for various reasons such as poverty, homelessness and marginalisation, are unable to engage as fully as they might with the criminal justice system, whether as victims, perpetrators, alleged perpetrators, or even ultimately as prisoners. These tend to be the people for whom life is hardest, very often for reasons outside their control. It has been observed on many occasions that people can end up in prison for less serious offences, while the perpetrators of serious crimes may not even be investigated because of the lack of the resources needed for serious criminal investigations.

It is important that, having reappointed the noble Baroness, Lady Newlove, as Victims’ Commissioner—a recognition of her significant contribution in this area—the Government should listen carefully to the observations about the Bill which she expressed in a fine contribution this afternoon. She brings such experience and courage to this role. I particularly ask the noble and learned Lord the Minister to consider enhancing the provisions in the Bill on the care and support of victims of domestic violence.

Clauses 49 to 51 provide for the setting aside of the Human Rights Act, which requires public authorities and judges to interpret and apply legislation in accordance with human rights law in so far as is possible. Clause 52 weights judicial decisions on qualified human rights decisions against prisoners. Matters relating to release issues such as the right to family life, the right to liberty, and the right of access to the courts and a fair hearing, will be impacted by these clauses. Allowing judges to continue to take into account issues which are relevant in the light of Section 3 of the Human Rights Act is not a matter of going soft on prisoners. Reducing that judicial capacity is not justified by the evidence we have to date.

I had the privilege to serve under Lord Justice Sir Peter Gross in the review of the Human Rights Act a year or so ago. Despite taking extensive and varied evidence, we did not identify any grounds for the changes to the application of the Human Rights Act proposed in this Bill. It should be a matter of concern to all of us that we are progressively and incrementally dismantling the provisions of the Human Rights Act that have applied in this country under the ECHR, and now under the Human Rights Act, for the past 70 or so years. We were rightly proud of our contribution as a country to the creation of the convention, which followed the Second World War, with its appalling death toll, its genocide, and the attacks on homosexuals, Christians, the disabled and many others who were regarded as unnecessary or unwanted by the Nazis, and its devastation and destruction of the world.

The convention articulated very basic human rights, and Section 3 is a statement of the need for the judiciary to act in accordance with it, as part of the rule of law now. Over recent times, we have seen legislation which seems simply to ignore these obligations under domestic and European human rights law. I think of the Illegal Migration Act, so roundly condemned in your Lordships’ House. Then there is the Northern Ireland Troubles (Legacy and Reconciliation) Act, currently the subject of multiple judicial review applications challenging its legality—judicial reviews that were anticipated from the very beginning, at the First Reading of that Bill. The world anticipated those judicial reviews, and it is important that we do not get a reputation for setting aside our human rights obligations when they seem to become less than convenient.

Paragraph 100 of the Explanatory Memorandum explains:

“The purpose of this is to avoid courts adopting a strained section 3 interpretation, which ultimately disregards the policy intentions of the release regime. The measures also provide that, where a court is considering a challenge relating to a relevant Convention right, in relation to application of any of the release legislation, the court must give the greatest possible weight to the importance of reducing the risk to the public from the offender”.


There is very little evidence to support the existence of this hypothetical risk. These provisions have the effect of discriminating against one small sector of society by disapplying rights that others have. The parole and release systems have generally worked well. This intervention is not necessary or proportionate, and I urge government to think very carefully about the effects on the UK’s reputation and its global capacity of the way in which this legislation is formulated.