Victims and Witnesses (Scotland) Act 2014 (Consequential Modification) Order 2020

Lord Bruce of Bennachie Excerpts

Wednesday 3rd June 2020 Lords Chamber

[Lord Bruce of Bennachie (LD)]

My Lords, like other noble Lords, I am happy to welcome this instrument, although I echo the call for there to be Ministers for Scotland and Northern Ireland in the Lords. I mean no disrespect to the Minister, who gave an excellent introduction to this instrument.

As many noble Lords have said, the instrument focuses on assault of a police officer, who is in the front line on behalf of all of us. Any such assault is of course a serious offence. The consequences for that officer can be traumatic and long-lasting, as colleagues of those who have suffered will know. That is one reason why fellow officers have raised funds to support the rehabilitation of victims at home or at facilities such as those in Auchterarder or Harrogate. My noble friend Lady Barker gave us personal testimony about knowing people who have been there. The penalties for being convicted of such assault are rightly wide-ranging and include custodial sentences and fines. It is only right that those convicted of inflicting injury or trauma by such assaults should not only receive punishment but contribute towards the cost of their victim’s recovery.

The purpose of today’s business is to follow through the 2014 legislation to enable the courts to order recovery of funds from a convicted person’s benefits to be paid into a restitution fund to be administered by or on behalf of the Scottish Government. Circumstances vary according to where the victim resides. The assault may have been carried out by someone visiting Scotland who subsequently returned to another location in England or Wales, or it might have been carried out by a Scottish resident who subsequently moved to England or Wales. By passing this instrument, we ensure that recovery from benefits of restitution funds, if required, can be made anywhere in Great Britain. However, will the Minister explain why Northern Ireland is not included in this?

It is important that the sanction is not applied in such a way as to damage the convicted person’s family or lead to sanctions being imposed. This was highlighted by a number of noble Lords, notably my noble friend Lady Northover in the context of women, and my noble friend Lord Addington. Having said that, someone who has committed an assault should not be exempt from making a contribution to the restitution fund just because they are on benefits, although, as the noble and learned Lord, Lord Hope, reminded us, the £10,000 maximum would surely be well beyond anything that could reasonably be imposed on somebody claiming benefits.

As many noble Lords have pointed out, it is simply not clear why it has taken so long for this SI to be requested since the original law was enacted by the Scottish Parliament in 2014. Indeed, Kenny MacAskill, who introduced the original legislation as responsible Minister in the Scottish Government and is now an MP, said during the debate in the other place that he does not know the reason for the delay. It has been pointed out by the noble Lord, Lord McConnell, and my noble friend Lord Campbell that delay could have led to the loss of significant potential revenue that could have gone into the restitution fund.

I delicately venture that perhaps the bumpy ride that has characterised the creation of Police Scotland might have contributed to that delay. Alone of the parties in the Scottish Parliament, Scottish Liberal Democrats opposed the merger of the previous eight police forces into one. It was ill thought through and badly executed, and many experienced and dedicated officers left the force in considerable disillusionment. There were serious misjudged consequences, such as the appearance of mounted police at Highland Football League matches, a dramatic increase in stop and search, including of children, and increased carrying of firearms by police. In addition, the command of the force was controversial, to say the least. There were suspicions of political interference and the accountability mechanism has still not been settled satisfactorily.

All this has led to a loss of trust, a dramatic reduction in community engagement and often remoteness of understanding of different characteristics of policing in different parts of the country. I do not for a minute suggest that there is ever justification for assault on police officers, but I ask for consideration of whether the scale of the ongoing disruption might have led to some breakdown of trust and engagement, which may in some circumstances have increased tensions.

As many noble Lords have acknowledged, regardless of these difficulties there are dedicated police officers right across Scotland delivering protection and guidance with dedication and professionalism every day, and we owe them our gratitude and support, especially if they suffer in the line of duty. They have been under special pressure in recent months. I think it was the noble Lord, Lord Foulkes, who said that they have experienced more than 100 assaults. That is shocking and I think we all want to thank them for what they do and appreciate that they are doing it on behalf of all of us.

Having said that, I am more than pleased to support the useful step this SI represents in providing resources for restitution and in making a connection between the perpetrator and the victim, an assaulted police officer, in the form of restorative justice. It may not be more than a small contribution. The ability of benefit claimants to pay is a live issue. Nevertheless it is worth recording that there should be a connection between a crime and its consequences, and it is always good for a person who has committed a crime to know that they have a responsibility to the victims of their actions.