Victims and Prisoners Bill

Lord Polak Excerpts

Committee stage
Wednesday 24th January 2024 Lords Chamber

I hope that the Minister can help us on this. I have found some of the drafting quite difficult to follow through, so I am not pretending that this is in any way a happy amendment in that respect, but there is a subject here that I think is very important for us to pursue.

[Lord Polak (Con)]

My Lords, I support the noble Lord, Lord Ponsonby, on Amendment 5. The Bill offers a landmark opportunity to make a difference to victims’ and survivors’ lives and has the potential to restore confidence in our criminal justice system.

As noble Lords know, alongside organisations focused on supporting women and children, and together with many other noble Lords from across the House, we fought hard for children experiencing domestic abuse to be recognised as victims in their own right, and I am proud that that is included in the Domestic Abuse Act 2021. However, I am saddened—I think that is the word I am looking for—that we are having to make this very same case again.

Sadly, children experience multiple forms of abuse and exploitation, sometimes including domestic abuse. The Centre of Expertise on Child Sexual Abuse has found that it is common that victims and survivors experience multiple forms of victimisation in childhood. Over half of adults in England and Wales who reported being sexually abused before the age of 16 also experienced another type of abuse, whether physical, emotional, or witnessing domestic abuse. As has been said, the Independent Inquiry into Child Sexual Abuse found that 52% of victims and survivors who gave evidence spoke about experiencing at least one other form.

As the noble Lord, Lord Ponsonby, suggested, we were reminded of these facts just last week at a meeting here in Parliament. We were given the privilege, I would say, of hearing directly from the survivors of child abuse about what this opportunity means to them. At this event hosted by the Children’s Charities Coalition, they all shared the same vision: that the Bill offers an opportunity to transform our response to children affected by abuse and exploitation. Often, it is not until you speak directly to victims and survivors of crime that you truly understand the magnitude and impact of what we are discussing today. Yet their ask is very simple: recognition and support for all children who experience abuse and exploitation.

At the event, we heard harrowing experiences from survivors of child sexual abuse and exploitation. In sharing their experiences, they also shared their bravery and resolve to improve support for children today and for generations to come—which, in some cases, was so lacking when they truly needed it. We heard from David Tait, who shared his experience about the horrific abuse he faced as a child. He challenged the room and asked whether any of us felt it was appropriate that children were not specifically recognised within the Bill. The room was silent, in realisation that it is almost unthinkable that children are not specifically recognised. I offer my deepest gratitude to all those who bravely spoke out. It sharpened my own focus on how the Bill can truly make a difference for them.

The final report of the Independent Inquiry into Child Sexual Abuse gives a glimpse into what it is like for these children and why it is so important for all children who have experienced, and, sadly, will experience, abuse and exploitation to be recognised. Many victims and survivors said they were traumatised by child sexual abuse. Olivar, a survivor, described the “traumatic long-term effect” of sexual abuse:

“I’ve thought about it for over 50 years”.


Another survivor, Laurie, said that

“hardly a day goes by where I do not think about the events from 58 years ago”.

Another survivor described feeling “misery” and “bewilderment” after being sexually abused as a child. Finally, a survivor shared:

“I was never able to be nurtured … I have to grieve for the childhood I never had”.


I support this key amendment in ensuring that these children and all children are recognised. This Bill must recognise all children as victims in their own right and we must get that definition and recognition put at the heart of the Bill. Children have distinct needs and require a child-centred approach and specialist support. Let us not go through the pain that we had last time with domestic abuse, let us get children into the Bill now.

[The Lord Bishop of Manchester]

My Lords, as I said at Second Reading, this is a good Bill for victims. It contains many provisions that I strongly support. I hope and believe that we can make it an even better Bill by working across the House, which is the mood tonight, as it was then.

I put my name to Amendment 10 in the name of the noble Lord, Lord Ponsonby. I also support other amendments in this group, including those that my right reverend friend the Bishop of Bristol, who is unable to be in her place today, has signed. Amendments in this group seek to clarify how the Bill properly addresses the needs of children.

Amendment 10 places on the face of the Bill a short but clear definition of “child criminal exploitation”. This would include any child under 18 who is

“encouraged, expected or required to take part in any activity that constitutes a criminal offence”.

This is not widening the definition of a victim, merely giving it clarity. I learned in my teens that if I was on the receiving end of some wrongdoing, I was a child. By contrast, if I was deemed the perpetrator, I suddenly became a youth.

We have also heard too often in your Lordships’ House of the adultification of children. It is an ugly word for an ugly phenomenon, where a child is treated as a grown-up when they are caught up in wrongdoing. Moreover, we know that in the absence of a strong countervailing pressure, this is disproportionately applied to black children. This has been a long-standing concern of many civil society organisations focused on countering the exploitation of children. I hope we can begin to respond to it today.

In my own diocese of Manchester, we are still reeling from the discovery of the extent of grooming gangs exploiting children for sexual crimes, most notably—but I doubt exclusively—in Rochdale. If the children caught up in these crimes had been seen by the authorities primarily as victims, and treated as such, I believe that the gangs would have been brought to justice far sooner.

Getting a clear definition of child criminal exploitation into the Bill will, I hope and pray, not only improve this legislation but set a precedent for how we treat child victims better, both in future legislation and in practice at every stage of the criminal justice system. I hope that the Minister will either accept our words as on the Marshalled List or come back to us on Report with a suitable government amendment to that effect.