Victims and Prisoners Bill

Debate between Earl Howe and Lord Ponsonby of Shulbrede

Report stage
Tuesday 21st May 2024 Lords Chamber

[Baroness Brinton (LD)]

My Lords, from these Benches, we are very grateful that the Government have agreed to move forward with these amendments. It is extremely important that things move at pace. Obviously, there is always a bit of concern about a regulation that can revoke primary legislation, but given the circumstances, it is completely understandable. Given the lateness of the hour, I will stop there.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I agree with the noble Baroness, Lady Brinton. We welcome these amendments.

[Earl Howe (Con)]

I am grateful.

Victims and Prisoners Bill

Debate between Earl Howe and Lord Ponsonby of Shulbrede

Report stage
Tuesday 30th April 2024 Lords Chamber

[Earl Howe (Con)]

My Lords, I will speak also to the other government amendments in this group. I am grateful to have the opportunity to do so. These amendments collectively provide the necessary legal framework to establish an arm’s-length body and pay compensation without undue delay. Let me assure the House and those listening that the case for compensation is clear and the Government will pay compensation to those infected and affected by the infected blood scandal. The government amendments demonstrate our absolute commitment to deliver long-overdue justice to victims of infected blood.

On 20 May, the infected blood inquiry will publish its final report. This will be a historic day for those who have sought answers for decades, and I hope and trust that the inquiry will give those impacted the recognition that they deserve. I take this opportunity to thank the chair of the inquiry, Sir Brian Langstaff, for the thorough work that he has undertaken to produce his final report and to recognise the bravery of those who have provided evidence and testimony to the inquiry. I recognise the resilience of each person who continues to campaign on this issue, and I hope my words today will provide reassurance that we are moving in the right direction. I also thank noble Lords on all sides of the House for working with the Government to ensure that the amendments provide the legal framework to get this right. My firm intention today is to provide some meaningful reassurance that we have heard the concerns and are committed to establishing a scheme that works and delivers for victims.

Let me turn to the government amendments. These amendments impose a duty on the Government to establish an infected blood compensation scheme. They also establish a new arm’s-length body named the infected blood compensation authority to deliver the compensation scheme. The authority will operate on a UK-wide basis to ensure parity and consistency. Perhaps I can make it clear in passing that the name of the noble Baroness, Lady Finlay, should not have appeared with that of my noble and learned friend Lord Bellamy at the top of Amendment 119C. I understand this was a clerical slip of the pen.

Victims of this scandal have waited far too long to see justice, and the Government share the determination of your Lordships to ensure that compensation reaches victims quickly. The government amendments pave the way for this, with early commencement provisions establishing the arm’s-length body on Royal Assent. The Government will give a substantive update to Parliament responding to the infected blood inquiry’s recommendations on compensation as soon as possible following 20 May. Subsequently, the details of the scheme will be set out in secondary legislation. The regulations to establish the scheme are subject to the “made affirmative” procedure the first time that they are made, which means they will have legal force immediately, and to the draft affirmative procedure thereafter, which applies to any changes to that first set of regulations that may be made in the future. This will provide parliamentarians with the opportunity to scrutinise the Government’s intentions without any unnecessary delay to implementation. Operational matters around the setting up of the arm’s-length body are subject to the negative procedure, again to prioritise the speed of implementation.

We recognise that Parliament and the infected blood community need clarity on when these measures will be in place. I can say now that the Government support the Opposition’s amendment to deliver the regulations establishing an infected blood compensation scheme within three months of Royal Assent, and we are committed to doing so. However, in committing to that, it is right that I should signal a caveat on a purely practical issue. We must acknowledge that the three-month period could unavoidably include periods or circumstances in which the Dissolution, Prorogation or adjournment of Parliament affects the Government’s ability to make the regulations. There is a practical reality here. These “made affirmative” regulations will need to be agreed within government before they can be made, and there are operational processes that simply will not be running as normal when Parliament is not sitting.

There is also the challenge, that I am sure many noble Lords will speak to, that we need to build trust with the infected blood community on the scheme’s provisions. This would require sufficient time where both Ministers and Parliament were available ahead of regulations being laid. We had hoped by tabling Amendment 157CA that we could find a constructive compromise on those issues. However, with a view to consensus and having accepted the Opposition’s Amendment 119CA, we will not now put that amendment to the House.

I must be clear that we are seized of the need to move as quickly as possible to provide compensation for victims regardless of any external pressures that may arise. Noble Lords will understand that it will take some time for the new infected blood compensation authority to become operational in its fullest sense, such that—

[Lord Ponsonby of Shulbrede (Lab)]

Before the Minister moves on from addressing my Amendment 119CA, I want just to be crystal clear that the Government are accepting the amendment without their own amendment. I understand what the noble Earl has just said from the Dispatch Box, but as far as my amendment is concerned, are the Government accepting it as it is?

[Earl Howe (Con)]

Yes, my Lords, that is right. In the spirit of consensus, albeit in the light of that practical caveat that I voiced, which represents a risk and no more.

It will take some time for the new infected blood compensation authority to become operational in its fullest sense, such that it is in a position to accept applications and deliver payments. There are formal processes around setting up an arm’s-length body of this kind which we cannot—indeed, must not—try to get around. However, the Government recognise the need to compensate victims of infected blood, and we are absolutely committed to doing this as quickly as we are able. For this reason, a shadow body will be established by 20 May, led by an interim chief executive. This will be critical to getting the practical work in place to ensure that the infected blood compensation authority can be fully operational as soon as possible. The shadow body will be able to begin work, such as implementing IT systems and appointing staff who are needed for assessing and delivering compensation payments, as quickly as possible.

We also understand the importance of ensuring that processes are in place for the compensation scheme to run smoothly. The Government are therefore clear that the infected blood compensation authority will have all the funding needed to deliver compensation once it has identified the victims and assessed claims. Once established, we intend that the scheme will make payments quickly and effectively.

I now turn to the membership of the infected blood compensation authority board and, in doing so, perhaps I may address Amendments 121B to 121H tabled by the noble Baronesses, Lady Brinton, Lady Featherstone and Lady Meacher. I would like to be clear with the House today that it is the Government’s intention that the process of recruiting a chair of the infected blood compensation authority will begin immediately. In the coming weeks, we will begin to identify potential candidates for the role. The successful candidate will be appointed through the usual public appointment process. The government amendment provides flexibility for the composition of the other members of the board, both executive and non-executive, albeit that minimum and maximum numbers are specified to align with the expected requirements of an ALB of this nature. As many noble Lords have made clear, building trust with those infected and affected by the scandal is critical. It is therefore the Government’s intention to involve the infected blood community in the appointment process for the chair.

Tomorrow the Minister for the Cabinet Office begins his engagement programme with those infected and affected by the infected blood scandal. That will be a useful opportunity to discuss how those impacted can be involved in the process of appointing the chair, while ensuring that that does not inadvertently delay the end goal of getting compensation into the hands of victims as soon as possible. I think we can achieve both objectives.

Victims and Prisoners Bill

Debate between Earl Howe and Lord Ponsonby of Shulbrede

Report stage
Tuesday 23rd April 2024 Lords Chamber

[Earl Howe (Con)]

My Lords, I am grateful to the noble Lord, Lord Ponsonby, and, in her absence, the noble Baroness, Lady Thornton, for Amendments 77 and 78, which, as we have heard, seek to require the development of proposals for schemes to give victims of rape access to free independent legal advice and representation.

I agree that it is extremely important that victims are aware of their rights and confident in those rights, particularly when preparing for trial and when requests for their personal information are made. While it would be novel to provide access to free legal advice and representation for just one type of crime, we recognise that, if there is one category of people who are especially vulnerable, it is victims of rape and sexual offences. We also recognise that victims of these crimes are more likely to receive requests for sensitive personal information as part of an investigation, and that there are calls for independent legal advice to help victims with that situation as well.

That is why the Bill tackles the problem in a different way, by introducing measures designed to minimise requests for information, as my noble and learned friend Lord Bellamy explained in the previous group of amendments. Through the Bill we are placing a new statutory duty on the police to request third-party material relating to victims only when necessary, proportionate and relevant to a reasonable line of inquiry. Following the amendments tabled by my noble friend Lady Bertin, which the Government have accepted, there will also be a requirement that the Requests for Victim Information code of practice must state that the police and other law enforcement agencies should start an investigation with the presumption that requests for counselling notes are not necessary or proportionate.

My noble friend’s amendments also mandate that counselling notes can be requested by police only if they are likely to have “substantial probative value” to a reasonable line of inquiry. This higher threshold will ensure that police are not routinely requesting counselling notes and that the privacy of these victims is respected.

As I have said, we do not want to create a hierarchy of support by granting government-funded legal advice to victims of just one type of crime. Alongside that, there are some complex and sensitive considerations regarding the introduction of independent legal advice for such victims. In particular, we have to be mindful of the role of the victim as a witness in proceedings and avoid anything that might have an unintended impact on the defendant’s right to a fair trial. This concern emerged very explicitly from the pilot scheme run in the north of England. I direct that point particularly to the noble Baroness, Lady Hamwee, and, in his absence, the noble Lord, Lord Marks; we need to take account of the findings from that pilot, which expressed those concerns. A subsidiary but still important point is to consider the potential impact on timeliness as a result of another process being inserted into the system. That was another concern that arose in the pilot.

These are all far-reaching considerations which, I suggest, require expert input before any statutory measures are considered. The Law Commission’s review will consider all these factors, including—the noble Lord, Lord Ponsonby, may like to note—the impact of existing schemes in other jurisdictions. When it publishes its report later this year, its findings and recommendations on independent legal advice will provide us with the robust evidence base that we will need should we wish to go forward and develop the sort of policy proposals that the amendment points us towards. Therefore, it is right for us to wait for those findings.

There is a further point of principle which I ought to flag: it really is not appropriate to place a duty on the Secretary of State in primary legislation to develop policy, especially without any specification of what such proposals should entail and who is responsible for implementing them once they have been developed. Once again, it is much better that we await the Law Commission’s recommendations.

I know how important this issue is to noble Lords opposite, but I hope that I have given the noble Lord, Lord Ponsonby, sufficient pause as regards his original intention to divide the House. There are some good reasons why the amendments should not be pressed, which I hope I have been able persuade him of. I therefore very much hope that he will withdraw Amendment 77 and not move Amendment 78.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I am not convinced by the noble Earl. When he opened, he acknowledged that this is an especially vulnerable group and that some cases have a case for novel funding arrangements. He talked about the possibility of unintended consequences of unfair trials—a comment about the pilot funding scheme. In other jurisdictions, such as the family court, there is funding for victims of domestic abuse. If a woman—and normally it is a woman—is a victim or potential victim of domestic abuse, there is funding available in that case as well. Given that this is such a vulnerable group, and since this is an issue of great importance to many Members of this House, I would like to test the opinion of the House on Amendment 77.

--- Later in debate ---

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I have a genuine question. Of course, I support the amendment, but the wording here is

“if a member of the force has reasonable grounds to believe that a child who resides in the police area may be a victim of domestic abuse”.

If there is a situation where one of the parents calls the police, and there is what is called a “call-out”, that will be recorded, and that sort of information is made available to courts in particular circumstances. But would the child be seen as a potential victim of domestic abuse because the parents have made that telephone call because of a dispute between the parents?

Nevertheless, I support the duty to notify, but I wonder whether the Minister can answer that specific question.

[Earl Howe (Con)]

My Lords, I am grateful to the noble Lords who have spoken in support of this amendment. I will deal, just briefly, with the points raised.

In answer to the noble Lord, Lord Ponsonby, a child is considered to have suffered the effects of domestic abuse even if they have not been the direct recipient of that abuse. That is why I made it clear in my opening remarks that it is as much about children who see, hear or experience the effects of domestic abuse as it is about a child who themselves have been on the receiving end of such abuse. It is all encompassing in that sense.

In response to the noble Lord, Lord Meston, and the noble Baroness, Lady Brinton, as I understand it the position at the moment is that the statutory safeguarding guidance, Keeping Children Safe in Education, outlines that all schools and colleges must have regard to their legal duty to safeguard and promote the welfare of children. However, as far as the noble Baroness’s specific question is concerned, I shall need to write to let her and other noble Lords know exactly how far we have reached in the process she outlined. I am afraid I do not have that information with me today.

Victims and Prisoners Bill

Debate between Earl Howe and Lord Ponsonby of Shulbrede

Committee stage
Monday 25th March 2024 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, it has been a short and interesting debate. The noble Baroness, Lady Lawlor, introduced the amendment from the noble Lord, Lord Jackson. On this side of the House, we will listen to the Minister’s response very carefully. I agreed with the sentiments that she expressed to the extent that the Parole Board should be cautious and fair, and that there needs to be a balance between victims, the process and the prisoners.

The point where I depart from her—which is really the substance of her amendment—is that it should be by default that parole hearings are conducted in public. I am not sure that I would go as far as that but, nevertheless, I agreed with a lot the points that she made. As I said, I look forward to the Minister’s response.

I move on to Amendment 171B in the name of the noble Lord, Lord Marks, which was spoken to by the noble Lord, Lord German. I think the noble Baroness, Lady Prashar, summed up the points succinctly: that giving the Parole Board discretion is desirable. Each case is different and, if the Parole Board has more discretion, it can reduce the potential impact on victims—I understood that point. It can also reduce the number of repeated applications, which have a cost to the public purse, where there may be no real change in circumstances. If one were to give the Parole Board more discretion, it might reduce that impact on victims. Again, this is an interesting amendment, and I look forward to listening to the Minister’s response.

[Earl Howe (Con)]

My Lords, in their respective absences, I am grateful to the noble Lord, Lord Marks of Henley-on-Thames, and my noble friend Lord Jackson for their amendments, which have been so ably spoken to by my noble friend Lady Lawlor and the noble Lord, Lord German.

I will turn first to Amendment 174A, tabled by my noble friend Lord Jackson. This would create a presumption for parole hearings to be conducted in public and a power for the Secretary of State, in effect, to direct a public hearing, contrary to any opposing view from the chair of the Parole Board.

The provision for public parole hearings was introduced by the Government in 2022 in amendments to the Parole Board Rules statutory instrument. This allows any hearing to be conducted in public if the chair of the Parole Board decides that it is in the interests of justice to do so. Prior to this, the rules required that all hearings be held in private.

Hearings are private by default, but applications for public hearings can be made by anyone directly to the Parole Board. The criteria used by the chair to decide applications have been published by the Parole Board on its website. The individual decisions are also published. Since the provisions were introduced in 2022, three public hearings have been held and a further five have been agreed by the Parole Board, which will be heard in the coming months.

The provisions are operating as intended, because the rule changes were made with the understanding that most hearings would continue to be held in private and only a small number of public hearings would be held. This amendment would, in effect, reverse that position, so that all hearings were public by default and a private hearing would take place only with the agreement of the Secretary of State in response to any representations made by the chair of the board.

The amendment also proposes that the Secretary of State should be the person to decide whether a hearing takes place in public. I am afraid I must push back on that idea. Noble Lords will be aware that the board is a quasi-judicial body which makes court-like judicial decisions. As part of its consideration of case, the board will decide whether an oral hearing is necessary or whether a case can be completed on the papers alone. If, having decided that a hearing is necessary, the board is then responsible for the arrangements, conduct and management of that hearing.

It would be out of step with the rest of the process if we gave the Secretary of State a power, in effect, to force the board to hold a public hearing against its wishes. As the body responsible for the hearing, the Government believe that it is right that the board has the final decision on whether the hearing should be public or private.

I hope the Committee will accept that not all cases will be suitable to be heard in public; for example, because of particularly sensitive evidence or the concerns of the victims. It is vital that the risk assessment is not compromised, and witnesses are able to provide full and frank evidence to the board.

The current provisions in the Parole Board Rules mean that the board and the Secretary of State have to consider these issues only in response to an application. The amendment would require them to consider the merits and contact the victims in every single hearing—more than 8,000 cases a year. It would be an enormous administrative burden with very little obvious benefit to the parole system or to the individuals affected by it.

In conclusion, I recognise the disappointment and frustration that may be caused when a public hearing application is rejected, especially where the victim is the applicant. Public hearings are a comparatively new element of the parole system. The Government are committed to improving further the openness and transparency of parole. However, we submit that a complete reversal of the current approach is not merited at this time. On this basis, I hope that Amendment 171A can be withdrawn.

I turn to Amendment 171B, tabled by the noble Lord, Lord Marks of Henley-on-Thames, and spoken to by the noble Lord, Lord German. This seeks to allow the Parole Board to direct the period of time which should elapse before a subsequent application to be considered for release can be made. As things stand, under the Crime (Sentences) Act 1997, the Secretary of State has ultimate responsibility for referring a prisoner’s case to the Parole Board within two years of the previous review.

This amendment would transfer this responsibility to the board and allow them to set the interval between reviews of anywhere between 12 months and five years. The current system already provides for flexibility in the time set for the prisoner’s next parole review. His Majesty’s Prison and Probation Service—HMPPS—considers a range of factors in deciding when to refer the prisoner to the Parole Board on behalf of the Secretary of State. Reasons must be given for the length of the interval between reviews. These include the Parole Board’s reasons for declining to direct the prisoner’s release at the conclusion of the last review and the interventions required to allow them to progress.

Giving responsibility for setting the period between parole reviews to the Parole Board could potentially result in hearings being set too soon, before interventions have been able to take effect, increasing the number of adjournments and causing further distress for victims. This is not to say that the board does not play an important role. Its insights provide valuable information for HMPPS staff, but HMPPS is best placed to make these decisions.

There is then the question of what the period between hearings ought to be. This amendment aims to increase the maximum interval from two to five years. I fully understand why this is being proposed, but it might be helpful if I outline why it would not be lawful; the noble Baroness, Lady Prashar, has already referred to this. Where indeterminate sentence prisoners have served their tariff—that is the minimum term set by the judge at sentencing—they are then eligible for a parole hearing. Unless the Parole Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined, they will remain in prison. If they are not released, my advice is that subsequent reviews must be conducted speedily and at reasonable intervals to satisfy the requirement of Article 5(4) of the convention. I note and take on board the comments of the noble Baroness, Lady Prashar, in this connection.

I appreciate the motivations at play here. Parole reviews can be difficult for victims. I sympathise with the desire for a longer interval between reviews. I stress to the Committee that the Government always consider victims where the parole system is concerned. I hope we have demonstrated this principle in other measures we have taken. We understand the points raised by the noble Lord, Lord German, that, in essence, greater transparency of the parole system is inextricably linked to the involvement of victims.

Since October 2022, victims have been able to observe Parole Board hearings, as part of a testing phase currently running in the south-west. The testing has now progressed to include the Greater Manchester probation region. During the hearings, victims are supported by a Probation Service victim representative, who discusses the parole process with them. Their VLO will ensure that, if appropriate, they are signposted to relevant support following the hearing.

Victims and Prisoners Bill

Debate between Earl Howe and Lord Ponsonby of Shulbrede

Tuesday 12th March 2024 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, this group is actually more limited than the debate that we have had. It was very succinctly set out by the noble and learned Lord, Lord Thomas, when he gave his three short points in introducing his amendments. Very amusingly, the noble and learned Lord, Lord Garnier, said that the shadow of Dominic Raab should not remain across this Bill. A good way of removing the shadow is with these three amendments here.

The debate has strayed into the next group, but I will not address any comments on that group. As far as the specific proposals in the amendments tabled by the noble and learned Lord, Lord Thomas, of course we agree with them on this side of the Chamber. I noted the point that the noble and learned Lord made about the reason why the chair of the Parole Board would not have a judicial function. It would mean that he or she could be sacked.

I also noted the point made by the noble and learned Lord, Lord Garnier, and other noble Lords, that it is absolutely normal and to be expected that in any number of judicial and quasi-judicial roles, the heads of those particular functions also sit as judges. That is standard practice and it adds confidence to the various institutions that the people who head them are also practising and sitting tribunal chairs or judges.

I look forward to the Minister’s response, but there is a very strong array of speakers against the Government’s proposals, including the noble Baroness, Lady Prashar, who is a former chair of the Parole Board. We have two former Lord Chief Justices, a former Solicitor-General and my noble friend, a former shadow Attorney-General. It sounds like a pretty convincing line-up against the Minister.

[Earl Howe (Con)]

My Lords, I am very grateful to the noble and learned Lord, Lord Thomas of Cwmgiedd, for speaking to his amendments with his customary clarity. I hope I can be helpful to him and the Committee in my response.

I have heard unmistakeably the reservations expressed across the Committee about these proposals. Before saying anything else, I undertake to represent to my noble and learned friend the Minister the strength of those reservations. I do so without commitment at this stage but in good faith. It may be helpful to the Committee if I explain where the Government are currently coming from in making these proposals so that noble Lords can understand the issues as we perceive them.

Amendment 169 seeks to remove lines 35 and 36 of Clause 53, which would have the same effect as removing the clause in its entirety. Clause 53 amends Section 239(5) of the Criminal Justice Act 2003, which allows the Secretary of State to make rules with respect to the proceedings of the Parole Board. At the moment, the provision permits rules to be made about how many members deal with particular cases, or that specified cases be dealt with at specified times. This clause adds that the Secretary of State may also require cases to be dealt with by

“members of a prescribed description”.

Amendment 169 seeks to remove that addition.

I will explain briefly why we want to ensure that the Secretary of State can make rules about who sits on parole cases. In the Root and Branch Review of the Parole System, the Government committed to increasing

“the number of Parole Board members from a law enforcement background”

and ensuring that every parole panel considering a case involving the most serious offenders has a law enforcement member on it. We are talking here about murder, rape, terrorist offences and the like.

The Government of course recognise that each and every type of Parole Board member brings with them different experience and skills. That range and diversity contributes to generally effective risk assessments and sound decision-making. However, members with law enforcement experience, such as former police officers, have particular first-hand knowledge of the impact and seriousness of offending. Many will also have direct experience of the probation system, including, for example, licence conditions and the likelihood of an offender’s compliance with such conditions.

Clause 53 enables the Secretary of State to make the secondary legislation needed to prescribe that certain Parole Board panels include members with a law enforcement background. We will, naturally, continue to consider operational readiness before we lay any secondary legislation. I hope that explanation is of help.

Victims and Prisoners Bill

Debate between Earl Howe and Lord Ponsonby of Shulbrede

Committee stage
Monday 26th February 2024 Lords Chamber

[Earl Howe (Con)]

On the noble Baroness’s latter point, I hope to have extensive discussions with noble Lords about the Government’s amendments and their intended and literal effect.

On setting up a shadow body, I myself asked that very question. There are some issues here. I am advised that it would not save any time. There are still a number of decisions to be made on the government response to infected blood, and clearly we cannot pre-empt those decisions by establishing an arm’s-length body without clarity on what its precise functions or role would be. As I have said, our intention is to table amendments on Report that will correct the defects in Clause 40 and have the desired effect of speeding up the implementation of the Government’s response to the inquiry.

However, I will take that point away to make sure that there really is no advantage in not having a shadow body. The Government have done that before in other circumstances and it is worth thoroughly exploring as an option. I think I will be told that any idea of a shadow body would need to be considered alongside its interaction with the passage of the legislation and the Government’s response to the recommendations of the second interim report, and indeed the report as a whole, but I hope the noble Baroness will be content to leave that question with me.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, this has been an important debate. In fact, I go further: it has been a historic debate, because in a relatively short debate we have had the noble Baronesses, Lady Featherstone and Lady Campbell, who spoke about very close relatives who have been affected by this tragedy; we have had the two noble Lords, Lord Bichard and Lord Owen, who gave evidence to the inquiry; and the noble Lord, Lord Owen, in his speech, went back the furthest, if I can put it like that, to 1975. There are Members who have spoken in this short debate who have tracked this issue for the many decades that it has lingered.

Nobody is questioning the best intentions of the noble Earl, Lord Howe; he has been involved in this issue in a number of ways over many years. My amendments are essentially probing amendments, and I acknowledge the letter that the noble Earl has sent to us. We will not press the amendment, but I was going to ask the same questions as the noble Lord, Lord Marks, and the noble Baroness, Lady Brinton, about process. The Government have said they will table amendments on Report, and the Minister said there will be an opportunity for noble Lords to see the amendments before then and to discuss them, but we may want to table amendments to his amendment and we will want to make sure we have ample time to do that. I know the noble Earl understands that point, but I repeat it from these Benches as well.

Victims and Prisoners Bill

Debate between Earl Howe and Lord Ponsonby of Shulbrede

Committee stage
Wednesday 7th February 2024 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I open by agreeing with the last point made by the noble Lord, Lord Marks, that the overall path of this group of amendments is consistent with the harm panel’s recommendations.

In debating the group, I can see that there may be drafting improvements to be done. I am particularly grateful to the noble Lord, Lord Meston, for the points he made regarding the drafting of particular amendments.

I remind noble Lords that I sit as a family magistrate in London, and have been one for about 10 years. About 80% of the work that we deal with in our practice is private law, and so very much the types of cases that we are considering in this group of amendments.

I am grateful to my noble friend Lady Chakrabarti for the way she divided this group into two—Jade’s law and then the amendments that focus on using the family court to perpetrate or perpetuate abuse, which is almost always abuse of the woman.

I will not go through the amendments individually, because they have been fairly widely debated, but I will make some particular points, the first of which is on Amendment 82, which the noble Baroness, Lady Fox, questioned and spoke to. The point she made was about the medicalisation of parental alienation, and I think she argued that the courts should decide.

Some noble Lords in the Committee will have taken part, about three years ago, in the Second Reading of the Domestic Abuse Bill, as it was then, when the noble Baroness, Lady Meyer, spoke passionately about parental alienation. She absolutely believes that parental alienation is real, and that she experienced it with her own sons. In my experience of when domestic abuse allegations are made, which is fairly frequent, it is not an unusual scenario where the woman is making accusations of domestic abuse against the man and the man is applying for a child arrangements order to restart contact with his children, and he is making allegations of parental alienation. When that happens at magistrates’ level, we kick it upstairs.

We know it is a complex area, where, as the noble Lord, Lord Meston, said, there has been recent advice from the president on this matter, and we know that, particularly when there are wealthy individuals involved, there will be any number of experts who are brought into the court to try to resolve cases. We see these allegations a lot at my level, and we try, if possible, to resolve them there, but if they are persisted with, we will put them up to district judge or circuit judge level.

I want to reiterate what the noble Lord, Lord Meston, said about the Crown Courts putting in place protection orders to prohibit repeated applications and that this should be a decision for the family court. It is something that is routinely done in the family court, when you see persistent applicants who are abusing the process, and I argue that it is usually evident when we see it and they are orders that are regularly put in place.

The other point that the noble Lord, Lord Meston, made, was on Amendment 89, which I support. He questioned the degree of drafting in the amendment. The point I would make is that while there may well be shortcomings in the drafting, the direction of travel is clear and consistent with the rest of the amendments in the group. That may well be something that this side of the House would want to persist with at later stages of the Bill, depending on how the Minister replies to this debate.

In summary, family courts present some of the most difficult cases that I deal with. You see more tears in a family court than in any other court structure. I had a meeting this morning with a group representing fathers. This is an unusual group: you do not see them that much, and not much lobbying material has been sent to me regarding this or the Bill as a whole. The group that came to see me this morning was called Dads Unlimited, and its particular interest is in male suicide and male self-harm. The point that it was making to me—I must admit that it had some pretty persuasive data—was that, when men are involved in the family court system and making applications to court, they hide their mental vulnerabilities. They do not go to see their GP, and they do not want to talk about it, because they believe that it will be used against them when they are making their applications to court to restart contact with their children.

This is a difficult issue, and I think everybody understands that. Nevertheless, these amendments are trying to codify and build in protections to reduce abuse within family courts as far as possible, and I support them.

[Earl Howe (Con)]

My Lords, I begin by thanking the noble Baroness, Lady Chakrabarti, for tabling this group of amendments, which take us deep into the heart of the family court and its proceedings. The noble Baroness speaks compellingly and with great passion on these matters. I think she would agree with me that family court proceedings involve some of the most sensitive and difficult decisions that any court has to make, resulting as they do in often profound consequences for parents, children and whole families.

All the amendments in this group have noble aims. They seek to protect vulnerable children and victims of domestic abuse, and that is an agenda that I and the Government strongly support. I shall address each in turn, but I need to start by airing what I see as a difficulty running through these amendments: in one way or another, a number of them seek to curtail the family court’s discretion to take individual decisions on a case-specific basis on what is in the best interests of the children involved. With enormous respect to the noble Baroness, whose experience is much wider than mine, we need to be a bit careful here. The paramountcy principle, enshrined originally in the Children Act, provides the bedrock of all family court decisions. It is a principle that I firmly believe we must protect and uphold.

I start with Amendment 89. As the noble Baroness explained, it seeks to exempt from the provisions of Clause 16 victims of domestic abuse who then kill their abuser; this is Jade’s law, as she mentioned. None of us can have anything but the deepest sympathy for people who find themselves dealing with these extremely difficult and challenging situations. That is why my response on this amendment is that the Bill already allows for this protection. Clause 16 gives a clear route to protect victims of domestic abuse who have killed their abuser. It allows the Crown Court not to suspend parental responsibility in cases of voluntary manslaughter where it would not be in the interests of justice to do so. Our intention in including this exemption is that it could be used in situations where a victim of domestic abuse kills their abuser after a campaign of abuse. I hope the noble Baroness will find that assurance helpful.

Victims and Prisoners Bill

Debate between Earl Howe and Lord Ponsonby of Shulbrede

Committee stage
Monday 5th February 2024 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, to repeat what I said earlier, I dealt with a couple of stalking cases relatively recently. Interestingly, they were both of women stalking men. It is a very difficult scenario and can get extremely complex when you are assessing behaviour over sometimes protracted lengths of time. I absolutely recognise the trauma that it inflicts on the victims.

I will open by looking through the other end of the telescope. As a magistrate, for every sentence I give, I put in place a victim surcharge. That money, which at the moment is 40% of any fine I put in place, goes into a victim and witness general fund. Can the Minister say where that money goes? Is it enough to fund all the victims’ services that we are talking about? Does it need topping up for the other victims’ services that are provided? Interestingly, when the fund was first introduced in 2007, it was set at about 10% of fines. Now it is 40%, so there has been a big increase in the amount of money going into that fund over the last few years.

In general, this group of amendments is about the funding and provision of victim support services. The theme from all noble Lords has been sustainability, predictability and consistency of funding. There are any number of organisations and charities supporting victims, sometimes on a small scale and sometimes on a large, integrated scale. I know from my experience of the Minerva project in Hammersmith in London that it is part of a wider network of support for women going through the criminal justice process, sometimes as victims and sometimes as perpetrators. There is a wide network of services, but it is uneven across the country and funded in different ways. They all aspire to sustainability of funding, as we have heard from all noble Lords, so that they can make best use of the available funding.

My noble friend Lady Lister spoke about economic coercive control in particular; I absolutely agree with the points she made. Nicole Jacobs, the domestic abuse commissioner, has been campaigning on this for many years. I am very glad that it is getting more recognition as an offence that should be brought to court if appropriate.

The noble Lord, Lord Russell, spoke earlier about the “child house” model. I went on that visit to the Lighthouse project with him. The general theme here is the integration of services to meet the particular needs of victims. I have some peripheral experience of that, but my most direct and relevant experience is not of victims but of young men coming out of jail under a previous funding model by the Conservative Government—the troubled families programme—funded in three boroughs in south-west London. There was an integrated approach to supporting and providing services to those young men as they came out of prison, across the CPS, housing, health and education, and more widely, so that they did not reoffend. I sat on the board for a number of years. It was very interesting that, when the money dried up, the co-operative approach dried up as well. That was very regrettable, but it taught me the lesson that the co-operative approach works best when there is a focus and an impetus through funding to make those co-operative services work effectively.

Everybody aspires to co-operative funding. Of course it is a good thing, but there needs to be either a direct instruction or a direct pot of money for people to co-operate as they should. So often, co-operation is difficult and the lack of it makes it easier for individual organisations to continue to work along their separate tramlines. I hope the Minister will say something about how to use that money imaginatively and sustainably so that co-operation across services can be embedded into victim support.

[The Deputy Leader of the House (Earl Howe) (Con)]

My Lords, this group of amendments brings together a very important set of issues, as we have heard. I am most grateful to the right reverend Prelate the Bishop of Manchester and the noble Lord, Lord Russell of Liverpool, for their amendments on the funding and provision of victim support services, where I will start.

The right reverend Prelate’s Amendment 56 seeks to require the Secretary of State to have regard to the needs assessments identified under the duty to collaborate and use these to ensure that local commissioners effectively commission relevant support services. I hope I can be helpful in providing some reassurance on that topic. Under the duty to collaborate, local commissioners must have regard to their joint needs assessments when producing their local strategies. The strategies should include evidence of how relevant authorities have carried out the needs assessments, as well as how the assessments have informed their commissioning decisions. A ministerially led national oversight forum will be set up to scrutinise the local strategies; that is how we can join up the process. For that reason, I respectfully suggest that the amendment the right reverend Prelate has tabled is unnecessary.

The oversight forum will have the relevant insights and information and undertake appropriate scrutiny of the published strategies to assess whether and how relevant support services are commissioned in individual local areas. The insights will also be used to inform national funding decisions made through the spending review process; again, that is another element in the join-up process. That is the right approach to setting government budgets. Looking at everything in the round, the measures will achieve the objective the right reverend Prelate’s amendment also seeks to achieve.

Amendments 58, 59, 60 and 62 would require the Secretary of State to make a statement every three years, in response to the strategies published under the duty to collaborate, on support for victims of domestic abuse, sexual violence and stalking. They would also require the Secretary of State to ensure that commissioners, under the duty, have sufficient multi-year funding, and the establishment of a cross-government by-and-for funding stream. The key point here is surely transparency. As I indicated a moment ago, the local strategies under the duty to collaborate will be published and will provide valuable insights into the levels of service certain victims are receiving in each local area. Therefore, additional reporting in a statement made by the Secretary of State would be largely duplicative.

I am, however, in full agreement that the funding of victim support services is crucial to enable victims of crime to cope and build resilience to move forward with their lives. That is why we have already committed to quadruple funding for victims’ services by 2024-25, up from £41 million in 2009-10. This includes funding that the Ministry of Justice provides to police and crime commissioners, specifically ring-fenced for domestic abuse and sexual violence services.

There are two additional points I can make on this. The joint needs assessments will help local areas to make the best use of existing funding through the collaborative process. This will lead, I suggest, to a more efficient use of money. Following on from that, the information that flows from it will strengthen the evidence base used to inform funding decisions made through the spending review process. The Government have responded to intelligence from local commissioners previously. For example, PCCs received a £6 million boost in funding per annum over the spending review period for community-based services supporting victims of domestic abuse and sexual violence.

The noble Lord, Lord Ponsonby, asked what happens to the money that goes into the general support fund for victims. The victim surcharge provides a contribution towards MoJ-funded victim and witness support services. It does not cover the full cost of victim support services funded by the MoJ, but it makes a contribution. Income from the surcharge is then topped up from departmental budgets.

On multi-year funding, for which my noble friend Lady Newlove so powerfully advocated, the Government have already committed to it where possible and appropriate. The victims funding strategy set out an expectation for all commissioners to pass multi-year commitments on to their providers.