Prisoners (Disclosure of Information About Victims) Bill

Bambos Charalambous Excerpts

2nd reading & 2nd reading: House of Commons
Tuesday 11th February 2020 Commons Chamber

[Bambos Charalambous (Enfield, Southgate) (Lab)]

First, I pay tribute to those who have worked so hard to bring the Bill before Parliament. Marie McCourt’s formidable campaign for Helen’s law in memory of her daughter, Helen McCourt, is the reason we stand here today for the Bill’s Second Reading. Helen McCourt was murdered in 1988. Her body has never been found. Helen’s murderer was released from prison last week and has provided no information about the whereabouts of her body. The unimaginable pain caused to Helen’s family and other victims of such unthinkable crimes is only compounded when they are denied the dignity of laying their loved ones to rest. I also pay tribute to my hon. Friend the Member for St Helens North (Conor McGinn) for his support for Helen’s family with his campaign.

Secondly, I would like to highlight the case of a serious sex offender whose non-disclosure of information about their living victims will cause untold distress to a community for years to come. Vanessa George abused multiple children at the Little Ted’s nursery, where she worked in Plymouth. She was sentenced in December 2009 after being charged with seven offences, including sexual assault and making, possessing and distributing indecent images of children. She was given an indeterminate sentence for reasons of public protection to serve a minimum of seven years for her crimes against toddlers and babies.

Vanessa George was released in September 2019 with a number of conditions, but to this day she has not revealed the names of the toddlers and babies she abused. My hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard) campaigned for such offences to be included in the Bill. He also strongly objected to her release from prison, as he believes, rightly, that her non-disclosure shows no remorse. The nursery where she carried out her horrendous crimes, and the wider community that have been so profoundly affected by her actions, fall within my hon. Friend’s constituency. As the identities of all of Vanessa George’s living child victims are not known, they will not be able to access the emotional and psychological support services that they need as a result of the crimes that she committed against them.

Vanessa George’s conditions of release state where she cannot live and work, and that she cannot use the internet, but they are almost impossible to regulate. More profoundly, affected families were not informed that she would be released and only found out through social media and local news. Put simply, victims and their families who have already suffered psychological harm should not be put through the additional emotional trauma caused by offenders who refuse to disclose information about their victims. When offenders do refuse to disclose information, it is right that they are viewed as still posing a threat to the public.

My party supports the Bill as it will put into statute already established guidance for the Parole Board when making decisions about the suitability of serious offenders for release. The Parole Board’s role is to protect the public by carrying out risk assessments on prisoners to decide whether they can be released safely back into the community. The decisions the Parole Board makes can be life-changing for victims and prisoners, so we must never underestimate the gravity of the conclusions that the panel members come to. The Parole Board’s guidance advises panel members to consider any failure or refusal by an offender to disclose the whereabouts of their victim’s remains when assessing suitability for release. It is also established Parole Board practice to consider the non-disclosure of relevant information by offenders in cases involving living victims. That guidance and practice will now become law under the Bill. It does not change the statutory release test, but rather the Parole Board must consider the non-disclosure of information when applying the release test and making its assessments.

The Bill puts into statute two requirements for the Parole Board. The first is in relation to offenders convicted of murder or manslaughter. The Parole Board will be legally required to consider whether the offender has refused to reveal the details about the location of the victim’s body. The second requirement is in relation to offenders convicted of taking or making indecent images of children. The Parole Board will be legally required to consider whether the offender has refused to reveal details about the identities of the victims.

Some will be disappointed and question whether the Bill’s provisions will make any practical difference, given the guidance that is already followed by the Parole Board. Some may believe that we need a policy of no body, no parole, such as that in force in parts of Australia. As many will know, the Bill is a variation on a ten-minute rule Bill tabled in 2016 by my hon. Friend the Member for St Helens North. His Bill proposed an assumption against eligibility for parole in cases of a convicted offender’s non-disclosure about their victim’s remains. However, it is still right that the Bill is before us and will be put into statute. It has taken over three years, two general elections and two Prime Ministers for the Government to offer their own variation of Helen’s law.

This is a simple Bill, but one that we wholeheartedly welcome. However, as it relates to the release of offenders guilty of some of the most serious crimes imaginable and, according to the Government’s explanatory notes, the consequences of causing additional distress to victims and their families, it is concerning that the Government should have taken so long on such a serious matter. It suggests that the Government still have a long way to go on their commitment to putting victims’ views at the heart of the criminal justice system.

There is much to be done to support victims. Before becoming a shadow Justice Minister, I sat on the Justice Committee for over two years. In 2018, we raised serious questions about the transparency of the Parole Board’s decision making, about the lack of information given to victims and about the lack of emotional and practical support that is available to help victims through the whole process. We raised questions in particular about victims being kept up to date with decisions about the release of prisoners.

The Victims’ Commissioner recently reported on victims’ levels of satisfaction and found they were less satisfied than ever before that their views are heard and taken into consideration. That is no surprise to us, given the distress caused to victims in the cases that I have already spoken about. When victims choose to present their victim support statement to the Parole Board panels, they are agreeing to take part in an incredibly stressful, upsetting and emotional experience as they seek to uphold justice. We raised concerns that not enough is being done to give victims the practical and emotional support they need during these oral hearings. In the two serious and well-known cases that I outlined at the start of my speech, victims have voiced their anxiety, distress and frustration at the parole process.

In another well-known case, Ian Brady and Myra Hindley refused to disclose the location of the body of Keith Bennett, the young boy they murdered in 1964. Keith’s mother, Winnie Johnson, tirelessly made the case to keep Ian Brady from being released into the community, unless he revealed information about the whereabouts of Keith’s body. Winnie was denied the right to give her son a dignified burial and to lay him to rest, and she died before ever finding her son.

I know that society can never fully take away the grief and distress of victims of serious crimes, but the Government should be putting every effort into alleviating some of the pain and making the parole process at least bearable. Years of cuts undermine the hard work of staff across the criminal justice system and specialist support services. As I mentioned, the decisions the Parole Board takes are life-changing for victims. So, to conclude, it is clear that, although Labour Members welcome this Bill, we will not allow the Government to be complacent, either in their duty to protect the public or in their duty to support victims who are already suffering such immeasurable pain.

--- Later in debate ---

[Bambos Charalambous]

With the leave of the House, it has been heartening to hear so many thoughtful and passionate contributions to this debate from across the House. One thing that is very clear is the universal support for the Bill to pass through its next stages and become law.

I wish to pick up on some of the points raised in the debate. The hon. Member for South Basildon and East Thurrock (Stephen Metcalfe) gave a moving account of his constituent and her suffering. The facts of that case are very similar to those in the case of Helen McCourt. My hon. Friend the Member for St Helens North (Conor McGinn) spoke with great passion in a brilliant speech that encapsulated the spirit and essence of why we are here today. The hon. Member for Telford (Lucy Allan) shared her insightful experience of her dealings with the Parole Board and explained why there is a need to reform it. That may be outside the terms of this Bill, but it is also an issue that we take into account.

My hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard) spoke with genuine passion about the need to learn from experience and the need for change and why the Bill also encapsulates the abuse of children and the unspeakable and unimaginable pain and suffering when victims are not identified. The hon. Member for South Cambridgeshire (Anthony Browne) talked about the need for closure, his experience at the twin towers at ground zero and the people who are unable to find closure, and why this Bill is so important to find closure. The hon. Member for Bury North (James Daly) spoke about his experience as a criminal lawyer and the need for public protection and rehabilitation. Again, these are areas that need to be impactive.

The hon. Member for North West Durham (Mr Holden) spoke about the need for the Bill to be extended to other areas, which was also touched on by the hon. Member for Sevenoaks (Laura Trott). That may be an issue that we can come to in Committee, but these are important issues that we need to consider. The hon. Member for Ashfield (Lee Anderson) talked about the cruelty that continues if the location of the body is not disclosed. That is the enduring suffering that the families of the victims who are unable to get closure have to experience.

I hope the Minister considers the important points raised in this debate. There is an issue about the Parole Board, the need for communication, the need for regular updates and transparency about the workings of the board. The Bill is right and we need to make sure it passes through all its stages. Knowing where a victim’s remains have been disposed of, or the identity of children who are the subject of indecent images, and not disclosing the information must surely be an indication as to whether a prisoner has truly shown remorse or not. The victims must be properly supported and must be put at the heart of our justice system.

Serious concerns have been raised in the debate, particularly about the transparency of the Parole Board’s decisions, the lack of information communicated to the victims and the lack of support they are given throughout the parole process. However, as has been stated by Members, the Bill is an example of what can be achieved through cross-party co-operation. I very much hope that it is put on to the statute book as soon as possible. Labour will certainly be voting for the Bill today on Second Reading. I very much look forward to taking part in the Committee stage and Third Reading.

Prisoners (Disclosure of Information About Victims) Bill

Bambos Charalambous Excerpts

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons
Tuesday 3rd March 2020 Commons Chamber

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

Progress should always be welcomed, and the Bill is progress. It sends a clear message to Parole Board members about the Government’s priorities. Our priority should be to have a laser-like focus on the victims of crime and their families.

Of all the things that can happen to us, having a close friend or family member murdered or fall victim to a paedophile is one of the greatest possible injustices. Through the police, the courts and the wider justice system, ordinary people should be able to secure redress for injustice. That is why we have these systems and why they have been introduced and built on over time. Otherwise, ordinary people would have no alternative but to take matters into their own hands.

Today, we are trying to deliver improved redress in at least one regard. We are aiming to prevent the truly horrendous injustice of a victim’s family having to watch as the person who killed their loved one walks away from prison having not revealed the location of their relative’s body. We are also aiming to prevent paedophiles from leaving their victims unidentified, with all the uncertainty and distress that that might cause families whose children were within the reach of these people.

To ensure that we truly honour the memory of Helen and others, it is vital that we ensure that the changes and the progress we are making in the House today make a difference in the real world for victims of crime and their families. That is how we ensure that campaigners such as Marie are truly able to think about their lost relatives and to take at least some comfort from the fact that their deaths have led to something positive.

Will any guidance be issued to the Parole Board as to how the new statutory duty is expected to be given consideration and what weight it is likely to carry? Will the Minister outline the expected impact this change in law will have? How confident can we be that people who, prior to this law, would have been released will now not be?

I would ask that we keep an open mind on this issue. Today’s legislation is welcome and positive, but we need to make sure that, in reality, it secures the redress that victims and their families rightly seek.

[Bambos Charalambous (Enfield, Southgate) (Lab)]

As I stated on Second Reading, the Opposition will support the Bill. It rightly addresses the situation of prisoners who have been convicted of murder or manslaughter who then refuse to reveal the identity or the whereabouts of the body, and also the situation of those who have been convicted of taking or making indecent images of children and refuse to identify their victims. Under the Bill, the non-disclosure in both cases is to be formally considered by the Parole Board when someone is being considered for release on licence.

The Bill is the result, first, of Helen’s law, which was introduced by my hon. Friend the Member for St Helens North (Conor McGinn). My hon. Friend’s constituent Helen McCourt was murdered, and her mother has led the campaign for Helen’s law. To this day, Helen’s murderer refuses to disclose the whereabouts of her body. That compounds the family’s grief and denies them the right to lay their loved one to rest.

My hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard) has also campaigned for the provisions in the Bill. The shocking case of the nursery assistant Vanessa George shook the community in his constituency. Vanessa George took indecent images of children at the nursery where she worked and was subsequently convicted, but she still refuses to identify the children.

I cannot praise enough the determination and tenacity of Marie McCourt, the mother of Helen McCourt, who fought and lobbied so hard to get this Bill to become law, as it surely now will do, or the community in Plymouth, Sutton and Devonport, which also campaigned hard to get the Bill on the statute book in relation to the images of the children.

The Government have done a good job in drafting the Bill and placing the requirement in it on the Parole Board. The Parole Board rightly owes a duty to victims. Reliving the trauma and horror of a crime when giving a statement can sometimes be distressing and overwhelming for victims, and they should not have to go through that trauma. If the Parole Board was minded to release a prisoner because they were no longer regarded as a threat to the public, the only option open to victims to challenge that view would be to seek a reconsideration of the Parole Board decision. The Bill puts in an additional safeguard in these exceptional cases; we are not talking about a huge number of cases, and the changes will very likely impact only a handful of cases each year, but the suffering caused is immeasurable for the families and loved ones affected.

There cannot be many people who do not agree with the measures in the Bill. It is clear from the speeches on Second Reading and the comments made in this Committee stage that the Bill has cross-party support. To condemn the relatives of victims to further unnecessary anguish is truly appalling and should not go unpunished. This Bill is short—only three clauses—but by amending the Crime (Sentences) Act 1997 and the Criminal Justice Act 2003, it allows for non-disclosure to be formally considered when deciding whether to release a prisoner on licence. That helps to avoid the additional pain and suffering of having to draft a victim statement. The Minister eloquently gave the details of the two amendments the Government have tabled, so I will not repeat or explain them, but both have the support of the Opposition.

As the prevalence of image sharing increases, it will be much easier for the identities of child victims of indecent images to be hidden via various software, and there is a real possibility that there could be more cases of indecent images of unknown child victims. Sentencing guidelines must keep pace with new developments in technology and the regulation of associated offences that we are yet to identify. I therefore await with interest the Government’s White Paper on sentencing, which is due later this year.

I hope the Government will tighten up the victims code and think about introducing a victims law. For now, however, the Opposition are content to support the Bill and the two Government amendments and to help Helen’s law become an Act of Parliament.

[Chris Philp]

I thank the shadow Minister for the constructive tone in which he has engaged with the Bill in general and for his remarks a few moments ago. To pick up on his comments on the sentencing White Paper, we do indeed intend to bring it forward later this calendar year. Hopefully, we can look at a much wider range of issues connected with sentencing to make sure that the punishment always fits the crime. In relation to a victims Bill, it is our intention to legislate in that area later in the current Session.

I want to reassure the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) on both the points he raised. Where there is a collection of offences, some of which come within the scope of the Bill but others of which do not, this Bill will be engaged when release comes to be considered, even if only one of the offences falls within its scope. His constituents can be reassured that the Bill will apply in those circumstances.

All sentence types are covered. Clause 1, which amends section 28 of the Crime (Sentences) Act 1997, will cover life sentences and, as amended, sentences for imprisonment for public protection. Clause 2, which amends the Criminal Justice Act 2003, covers extended determinate sentences, so all sentence types are covered by this Bill, as amended. I can therefore give the hon. Gentleman the categorical assurance he requested.

In relation to the question raised by my hon. Friend the Member for Crewe and Nantwich (Dr Mullan), I expect the Parole Board to give significant weight to non-disclosure. The fact that Parliament has gone as far as legislating in this area will send an extremely clear message to the people taking these decisions, and I expect this to weigh heavily on the mind of Parole Board members when they take these decisions. A wider review into the operation of the Parole Board will commence in due course—the so-called root-and-branch review announced in the manifesto last December—and there will be an opportunity for my hon. Friend and all Members to contribute to that discussion.

Putting on the face of the Bill the requirement to take non-disclosure into account means that it can never be changed, other than by a subsequent Act of Parliament. It will also send a message to Parole Board members about how important these issues are for Members of this House, for the reasons described today. I commend the amendments and clauses to the House.

Amendment 1 agreed to.

Amendment made: 2, in clause 1, page 2, line 30, leave out “Section 28A contains” and insert “Sections 28A and 28B contain”.—(Chris Philp.)

This amendment is consequential on Amendment 1.

Clause 1, as amended, ordered to stand part of the Bill.

Clauses 2 and 3 ordered to stand part of the Bill.

The Deputy Speaker resumed the Chair.

Bill, as amended, reported.

Bill, as amended in the Committee, considered.

--- Later in debate ---

[Bambos Charalambous]

I would like to join the Secretary of State in thanking all hon. Members for their contributions and for the tone they have set throughout the Second Reading and Committee stages of this debate.

I again give my thanks to Marie McCourt for her tireless work in making sure that this Bill—Helen’s law—has come before Parliament. Its first form was a private Member’s Bill brought in by my hon. Friend the Member for St Helens North (Conor McGinn), and a version of that Bill has now been picked up by the Government, taking us to where we are now. I also thank my hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard) for leading the community campaign to incorporate the offences regarding indecent images in this Bill. This campaign followed the conviction of Vanessa George, who refused to disclose the identities of the children she abused.

There can be few things worse than learning of the murder of a close relative and having to endure the living hell of how it happened. There is also the trauma of the trial and the painstaking detail that is raked over to ensure a conviction. I doubt that anyone grieving will be consoled by a guilty verdict and justice being done, although it may help in the coping process, but the never-ending turmoil of not having a body to lay to rest is one of the cruellest forms of emotional torture.

The body of Helen McCourt, murdered in 1988, has never been found. Her killer, who was released from prison four weeks ago, has never disclosed the whereabouts of her body. The pain and suffering of Helen’s family sadly goes on, and if it is any comfort to Marie McCourt, this Bill passing into law will be a fitting tribute to her campaign in her daughter’s memory. It is equally distressing not knowing if your child has been the victim of the sharing of indecent images. The appalling abuse perpetrated by Vanessa George has been compounded by her refusal to disclose which of the children in her care were the subjects of indecent images.

Both Ian Simms, who was given a life sentence for the murder of Helen McCourt, and Vanessa George, who was convicted for sharing images of children at the nursery where she worked, have now been released on licence by the Parole Board. The unbearable suffering that Ian Simms and Vanessa George have caused, and continue to cause by the nondisclosure of information about their victims, endures.

At present, the only way a victim could have made their views known about a potential release on licence by the Parole Board would have been by making a witness statement to the Parole Board or seeking a reconsideration of the decision within 21 days. Both these avenues would require the victims to be proactive, invariably having to relive the distressing experience of the crime and to justify their reasons for objecting to the release. This Bill makes it a requirement for the Parole Board, for the offences stated in this Bill, to take into account the prisoner’s conduct in not disclosing information about victims and in prolonging the pain and suffering.

While a duty is owed to victims by the Parole Board, it does not go far enough in my view, and the victims code certainly needs revamping. The Parole Board’s decisions can have a profound effect on victims and prisoners alike, and no decision should be taken lightly. The fact that the Parole Board can place conditions on the release of a prisoner does not in my view go far enough, and it cannot address wilful refusal in relation to the non-disclosure of information. Let us be clear: the Bill does not extend a prisoner’s sentence, but it makes it clear that non-disclosure must be a factor in assessing the fitness of a prisoner to be released and their potential risk to the public.

In Committee and on Second Reading, hon. Members told us of their own experiences and of cases involving their constituents where the pain and suffering had been exacerbated by the conduct of the prisoner or their experience of dealing with the Parole Board. There are still issues to be resolved regarding the Parole Board, such as the transparency of its decision making, the lack of information given to victims, the lack of emotional and practical support available to victims throughout the whole process, and even keeping people up to date with decisions about a prisoner’s release. There are many areas of improvement that need to be looked at in relation to how victims are treated. Although they are outside the scope of this Bill, they are matters that need to be viewed in tandem with the Bill.

The debate and discussion we have had on this Bill shows Parliament at its best—when we are working together with a united purpose for a common good. While this Bill will not assist us in finding the whereabouts of Helen McCourt’s body or identifying the images of the children abused by Vanessa George, the measures in this Bill will, I hope, provide added pressure on prisoners to think again when refusing to disclose information about their victims. The Opposition will be supporting this Bill.