Policing and Crime Bill

Baroness Brinton Excerpts

Ping Pong (Hansard): House of Lords
Wednesday 18th January 2017 Lords Chamber

Moved by

[Baroness Brinton]

Leave out from “136” to end and insert “and 139 to 142, and do insist on its Amendments 137, 138 and 307.”

[Baroness Brinton (LD)]

My Lords, I thank the Minister and her predecessor, the noble Baroness, Lady Chisholm of Owlpen, for being available for meetings and discussions during the passage of the Bill. I am very grateful for their assistance.

I can think of no better way to start the debate on the victims’ code and support for victims than to pay tribute to Jill Saward, who died two weeks ago. I extend my sympathy to her husband Gavin and her family on her untimely death at the age of 51. Jill was the first person to waive her anonymity having been the victim of a brutal rape and sexual assault in 1986, and her photograph was all over the Sun newspaper just days after the incident, something that is perhaps pertinent to our debate earlier about Leveson 2. The judge in the case sought to justify giving the defendant who did not take part in the rape a longer sentence than those who did by saying that Jill’s trauma,

“had not been so great”.

Two years later she led the campaign for anonymity for victims from the moment of assault, but chose to waive her own right to anonymity and published her account, Rape: My Story, an incredible, hard-hitting and moving book.

She was a brilliant and dedicated campaigner as well as a wise counsellor. Until she died, most people never knew how many victims of assault, rape, stalking or domestic violence were contacted by her privately, and she supported them through their experience. I know that Jill provided considerable support for Claire Waxman, a survivor of repeated stalking and the founder of Voice4Victims, in her campaign to inform Ministers and parliamentarians of failings in the current system, which has resulted in the amendments that have been put before your Lordships’ House and another place.

In the Commons consideration of Lords amendments last week, the Minister said:

“These amendments ignore the extensive reforms and modernisation we are undertaking to transform our justice system … The amendments would result in an unstructured framework of rights and entitlements that is not founded on evidence of gaps or deficiencies … Some amendments are unnecessary because they duplicate existing provisions and practices, or are being acted on by the Government already … We are looking at the available information about compliance with the victims code and considering how it might be improved and monitored.”.—[Official Report, Commons, 10/1/17; cols. 249-50.]


The reason I raise this is that we feel very strongly because the Conservative manifesto 2015 said:

“We have already introduced a new Victims’ Code and taken steps to protect vulnerable witnesses and victims. Now we will strengthen victims’ rights further, with a new Victims’ Law that will enshrine key rights for victims”.


That is what the amendments we have set before your Lordships’ House today are intended to do. Apart from the fact that the Minister seemed to contradict himself somewhat during that debate, we are clear that, although the victims’ code gives victims entitlement to support, it does not ensure that that support is provided by the agencies. It is the lack of statutory duty for the agencies and the criminal justice system that is the problem.

The Code of Practice for Victims of Crime uses the words “should” and “may” repeatedly when talking about the services while, when it is talking about victims, it talks about entitlement. It is that gap that the amendments are intended to resolve. The results of that gap are all too evident. Do not take my word for it. The criminal justice joint inspection report, Meeting the Needs of Victims in the Criminal Justice System, states that,

“there were some excellent individual examples of good practice across criminal justice sectors”,

but that,

“there were unacceptable inconsistencies in the service provided to victims—depending on the type of offence, where they lived or the degree to which local policy support and reinforce service provision. Given that the Code of Practice for Victims of Crime … provides a standard which should transcend all these variables, there is clearly more work to do”.

Last year, the Public Accounts Committee published a report on the needs of victims and a victims’ law, stating:

“The … system is bedevilled by long standing poor performance including delays and inefficiencies, and costs are being shunted from one part of the system to another … The … system is not good enough at supporting victims and witnesses … Timely access to justice is too dependent on where victims and witnesses live … There is insufficient focus on victims, who face a postcode lottery in their access to justice due to the significant variations in performance”.


The Victims’ Commissioner, the noble Baroness, Lady Newlove, in her report of January 2015, said that almost 75% of respondents to her survey of victims consulted during the review were unhappy with the response they received, and over 50% found the relevant agency’s complaints process difficult to use.

I am very grateful for the Minister’s statement that there is work to do on the victims’ code. Since the amendments started their passage through Parliament, Voice4Victims has been flooded with new issues raised by victims on the process failing them, not just the reason why those families and individuals were victims. Ivy, who was 45, was encouraged to report to the police ongoing sexual violence by her partner. She did so, but the officer said that he did not believe her. A second officer dismissed her claims and said that she was overreacting. Later, she was further violently assaulted by her partner, including suffering broken ribs and severe bruising. At the following multiagency meeting, she was told by the police that she was now assessed as being at high risk of being murdered. To cut a long story short, she had to move 170 miles away from her home. The victim had to move because the police could not guarantee her safety. Victims are being let down by the system.

I thank the Minister for the statement she made earlier. The key points to satisfy me not to call for a vote on my amendment are that we need to undertake a review within a timescale. I am grateful for the review that is to report back within 12 months. As important, I am grateful to the Minister for saying that she will ensure that any review will make sure that there is a statutory responsibility for the fulfilling of duties by the agencies and that appropriate training and services delivered are monitored. Victims—from Jill Saward, 30 years ago, who started the movement for victim support, right through to Ivy and the many others around her today—deserve better, and they deserve action soon. I beg to move.

--- Later in debate ---

[Baroness Williams of Trafford]

My Lords, I do not think that there was a lack of accord. In fact the whole way through these discussions I felt that we were seeking the same ends; it was just a matter of how we got there. I add my tribute to that of the noble Baroness to Jill Saward. I read about her the other day, and what she went through was absolutely heart-breaking as well as devastating while her father and then fiancé were downstairs. How she gathered the strength to not only waive her right to anonymity but help so many other people is quite inspiring and not something that everybody would feel able to do.

Following discussions today, yesterday and previously, we have reached a consensus on this and I hope that the words that I read out have given noble Lords confidence as we move forward to publishing this strategy within the next 12 months. I thank all noble Lords for their part in this debate.

[Baroness Brinton]

I thank all noble Lords who have spoken in this debate, and thank again the Minister for the words that she said from the Dispatch Box, which meet my concerns at the moment. I shall be interested to see the result of the review and consultation. If we feel that there is not strong enough legislation coming through afterwards, I suspect that more amendments will appear in further course. In the meantime, I beg leave to withdraw the Motion.

Motion D1, as an amendment to Motion D, withdrawn.