Victims and Prisoners Bill (Tenth sitting)

Anna McMorrin Excerpts

Committee stage
Tuesday 4th July 2023 Public Bill Committees

[The Chair]

I remind the Committee that with this we are discussing the following:

Amendment 19, in clause 12, page 10, line 22, at end insert—

“(d) fraud.”

This amendment would extend the duty to collaborate to include victim support services for victims of fraud.

Amendment 82, in clause 12, page 10, line 22, at end insert—

“(d) modern slavery.”

This amendment would extend the duty to collaborate to include victim support services for victims of modern slavery.

[Anna McMorrin (Cardiff North) (Lab)]

I will quickly respond to the Minister’s comments on amendment 9. I take what he said about ensuring that collaboration includes support for different sorts of victim, but the point that I am outlining in the amendment—that child victims often need a very different type of support—is backed up by a lot of evidence and the many organisations we worked with to table the amendment. I would like the Minister, when taking the Bill forward, to reflect on that and to see what he can do to encourage and include collaboration specifically with child victims and support services. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment proposed: 19, in clause 12, page 10, line 22, at end insert—

“(d) fraud.”—(Anna McMorrin.)

This amendment would extend the duty to collaborate to include victim support services for victims of fraud.

Question put, That the amendment be made.

--- Later in debate ---

[Sarah Champion]

I take the Minister’s comments at face value and am glad that we have them on the record. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Anna McMorrin]

I beg to move amendment 15, in clause 13, page 11, line 14, at end insert—

“(d) the Commissioner for Victims and Witnesses.”.

This amendment would require the relevant authorities to consult the Commissioner for Victims and Witnesses when preparing their strategy for collaboration.

[The Chair]

With this it will be convenient to discuss amendment 16, in clause 13, page 11, line 20, at end insert—

“(c) any guidance prepared by the Commissioner for Victims and Witnesses on collaboration between victim support services.”.

This amendment would require the relevant authorities to consider any guidance prepared by the Commissioner for Victims and Witnesses when preparing their strategy for collaboration.

[Anna McMorrin]

I will refer to amendments 15 and 16 together. The clause outlines that relevant authorities in each police area must prepare a strategy for victim support services. Such collaboration is welcome, but there is one glaring omission: the Victims’ Commissioner.

In previous amendments, we have debated proposed increased powers for the Victims’ Commissioner, who is the one who voices the concerns of the voiceless—the victims. It is therefore imperative that, in the strategy preparation, the agencies must include guidance from the Victims’ Commissioner and consult that office. Only then will victims really have an independent voice advocating for them right down to the local level, where victims will see that most genuine change and impact.

The commissioner’s office can consult on best practice from the very beginning, guiding the authorities to make the meaningful change that the Minister wants the Bill to introduce. It is essential that the Victims’ Commissioner is consulted when the relevant authorities are preparing their strategy for collaboration on victim services; that is why I moved this amendment and tabled amendment 16. I am sure that the Minister will agree that that is needed in the Bill and that this oversight is simply an error that can be easily fixed.

[Edward Argar]

I am grateful to the shadow Minister for her amendments and for her exposition of them. I agree with her on the importance of local areas reflecting the views and expertise of those representing the interests of victims when preparing and revising their strategies.

The amendment would require consultation with the Commissioner for Victims and Witnesses when preparing local strategies, but I stress the existing requirement for the relevant authorities to engage with those who represent victims and providers, as well as other expert organisations. The clause deliberately does not specify any persons or organisations, to avoid being overly prescriptive.

As a—if not the—leading figure representing victims, we expect local areas to consult the commissioner when preparing their strategies, unless there is a justifiable reason not to do so. We intend the statutory guidance issued under clause 14 to set out who local commissioners might want to consider engaging with, as well as the standards and process for consultation. We believe that that will reflect whom we think should be consulted, but leaves sufficient flexibility, rather than placing a limiting or prescriptive list in primary legislation.

Amendment 16 seeks to require the relevant authorities to have regard to any guidance prepared by the commissioner. We intend the statutory guidance to set out clearly how we expect the relevant authorities to consider commissioning best practice and how to meet the needs of those with protected characteristics. That includes paying due regard to relevant research and reports published by key stakeholders, including the commissioner.

In developing the guidance thus far, the Ministry of Justice has engaged extensively with other Departments, local commissioners, experts and the victim support sector. I am grateful to all who have provided valuable input, including the Office of the Victims’ Commissioner. In light of that and given that we believe in being permissive rather than prescriptive in primary legislation, we think statutory guidance represents the appropriate balance in this space. I encourage the shadow Minister to consider not pressing her amendments.

[Anna McMorrin]

I am grateful to the Minister for setting that out: what will be said in statutory guidance and his explanation for deliberately avoiding a prescriptive list in the Bill. However, a reference to the Victims’ Commissioner is the core essence of what the Bill is about. Certainly part 1 is about giving a voice to victims, which is within the remit of the Victims’ Commissioner. I beg him to look at this again, and to be more prescriptive within the statutory guidance to ensure that there is a deliberate reference to the Victims’ Commissioner for those relevant authorities. Would he consider that?

[Edward Argar]

I am always happy to consider the suggestions put forward by the hon. Lady.

[Anna McMorrin]

I thank the Minister for that. I will not push the amendment to a vote, but hopefully we will work together on the statutory guidance. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Sarah Champion]

I beg to move amendment 90, in clause 13, page 11, line 19, leave out paragraph (b) and insert—

“(b) any assessment of the victim support services consulted in carrying out their duty under section (12).”

This amendment would ensure that when preparing the strategy for collaboration, relevant authorities must have regard to any assessment of the victim support services consulted under section 12.

This is a probing amendment, which seeks to strengthen the strategy for collaboration by requiring relevant authorities to consider any assessments made under the duty to collaborate. Currently, clause 13 (3)(b) says that when preparing the strategy, relevant authorities must have regard to

“the relevant victim support services which are available in the police area (whether or not provided by the relevant authorities).”

As we have discussed, it is vital for victims’ needs to be considered, and that will take place under subsection (3)(a). However, the strategy must also take into account any review of support services that the relevant authorities may undertake under the duty to collaborate. That is key in preparing the strategy as it will help them to identify gaps in services and where local need for services is stronger.

We cannot simply suggest that authorities consider the support services available; we must ask them to be more ambitious than that. By requiring them to consider any evaluations of services, we can enable them to strengthen the options available for victims and ultimately improve the outcomes of the Bill. Wherever possible, we must ensure that the services available to victims are as strong as they can be. The best way to make that happen is by local partners taking into account local need. However, for that to take place consistently across the country, we must improve the wording of the clause so that all assessments of services are always taken into account.

--- Later in debate ---

[Anna McMorrin]

I rise only to agree with the Minister. I have no comments to make on the clause, because it is an important part of ensuring that the Bill works in terms of data protection.

Amendment agreed to.

Amendments made: 32, in clause 22, page 18, line 4, leave out “disclosure or”.

See the explanatory statement to Amendment 34.

Amendment 33, in clause 22, page 18, line 5, leave out “a disclosure or processing” and insert “it”.

See the explanatory statement to Amendment 34.

Amendment 34, in clause 22, page 18, line 11, leave out “has” and insert “and ‘processing’ have”.—(Edward Argar.)

This amendment and Amendments 31, 32 and 33 give “processing” of information the same meaning as in the Data Protection Act 2018. Processing includes disclosure and other uses of information, so there is no need to refer separately to disclosure.

Clause 22, as amended, ordered to stand part of the Bill.

Clause 23

Consequential provision

Question proposed, That the clause stand part of the Bill.

[Edward Argar]

I will now be even brisker: the Bill provides a new statutory framework for the victims code, so this clause will repeal the existing provisions, so that the updated statutory basis of the code is clear. That requires repealing the relevant provisions relating to the victims code in the Domestic Violence, Crime and Victims Act 2004. Once in force, these provisions will allow a new victims code made under this Bill to come into effect, and the current victims code will cease to operate.

The clause also makes sure that other relevant legislation reflects that change. This includes the Parliamentary and Health Service Ombudsman—the Parliamentary Commissioner—to accept complaints about the victims code, and the Victims’ Commissioner, given their responsibility for overseeing the operation of the code.

[Anna McMorrin]

This part of the Bill refers to the code of practice for victims. We need to ensure that if this Bill progresses, much of what has been discussed is reflected in it as we move forward, so that it is improved for victims—because that is what this is about. It is about victims’ experiences and real lives. The vast majority of victims do not get their entitlements. We currently have a Bill that falls short of that, but I hope that together we can robustly improve it and ensure that victims’ lives and experiences are changed for the better.

[Edward Argar]

I note what the shadow Minister said. While there may be areas where we disagreed as we went through part 1 of the Bill, I am grateful thus far for the positive and constructive tone adopted by Members on both sides of the Committee.

Question put and agreed to.

Clause 23 accordingly ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned.— (Fay Jones.)