Victims and Prisoners Bill

Baroness Thornton Excerpts

3rd reading
Thursday 23rd May 2024 Lords Chamber

[Lord Watts (Lab)]

I will make just one point to the Minister: will the direction and guidance given to the data controller say that the information being found to be vexatious will be an automatic reason to delete it? As soon as something is found not to be true, it should be deleted and the data controller should have the obligation to remove it straightaway.

[Baroness Thornton (Lab)]

My Lords, I welcome this amendment. Congratulations all round are due to the noble Baronesses, Lady Morgan, Lady Finn and Lady Brinton, and the Ministers. I take issue with what the noble Lord, Lord Russell, said: negotiating with your own party is every bit as challenging as negotiating from outside—I speak from experience—but this is a very good example of the point of the House of Lords. When we do this sort of work, we can take an issue that is clearly an injustice, as my honourable friend Stella Creasy has experienced, along with others—mostly women—and persuade the Government to take action. That is the right thing to have done.

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[Lord Marks of Henley-on-Thames (LD)]

My Lords, I add the thanks of these Benches to the Ministers—the noble Earl, Lord Howe, and the noble and learned Lord, Lord Bellamy—and the Bill team as a whole for the way they have handled the Bill. It has been a real example of co-operation and cross-party help, leading to a number of amendments, not only on this particular issue but on all the issues that we have faced. We have not always reached agreement and there have been Divisions; nevertheless, I think everybody here agrees that the Bill will leave this House much improved.

I also very much wish to associate these Benches with everything that has been said by my noble friend Lady Brinton, speaking from these Benches, and the noble Baroness, Lady Campbell of Surbiton. I pay tribute to the noble Earl for the way he has handled the infected blood issue, particularly by meeting with the community and noble Lords in a way that has been utterly helpful and completely sympathetic. We all know that it has devoured an enormous amount of his time, and we all respect and admire the care he has given to handling this issue. I hope that he will be able to give the reassurance today—to my noble friend Lady Brinton, the noble Baroness, Lady Campbell, and the House—that is sought by the infected blood community; it would be a great relief to them.

Many of us had telephone calls yesterday in which extreme concern was expressed about what was happening in view of the calling of the general election, the fear that the Bill might be lost and that further improvements or reassurance on the scheme might not be possible. I add that it would have been a crying shame if this Bill had been lost and had not got through the wash-up. That seemed a real problem yesterday; there was concern that it would happen. It has got through, and for that we are extremely grateful.

It is also a great shame that the Arbitration Bill and the Litigation Funding Agreements (Enforceability) Bill look as if they are under threat. That is ridiculous. The Arbitration Bill is a Law Commission Bill. It has to start in the House of Lords, it went through a long Special Public Bill Committee procedure, ably chaired by the noble and learned Lord, Lord Thomas, and there is no opposition to it. Similarly, the Litigation Funding Agreements (Enforceability) Bill has no opposition. These are two Bills important to the British economy because of the contribution that the legal services sector makes to it as a whole. For the progress of those Bills to Royal Assent before Prorogation to be stymied by an absurd convention that, if it has not already been introduced in the other House, a Bill will necessarily fail, is wrong. In those circumstances, I profoundly hope that the Whips in the Commons can come to an agreement. As I understand it, there is all-round agreement in the Lords that these Bills should go through. They must be taken through, just as this Bill has been taken through.

We are very grateful that this Bill has gone through. However, if the other Bills that are non-controversial and agreed cannot get through, the procedure on the wash-up needs a radical shake-up.

[Baroness Thornton (Lab)]

My Lords, the noble Lord, Lord Marks, has absolutely nailed it, and I absolutely agree with him about the Arbitration Bill, although my pay grade is much too low to do anything about any of those things.

This is one of those times when we are allowed to say “Thank you” and “Didn’t we do well?” Thank goodness we have this Bill and that it did not fall with the call of the general election. Between us in this House, we have improved the deal for victims across the country. We have given powers to our Victims’ Commissioner which she needs to do her job. I thank everybody we have worked with: my noble friend Lord Ponsonby, who is of course in court today—I do not think he has done anything wrong—the noble Baroness, Lady Brinton, the noble Lord, Lord Marks, and the ministerial team. The noble and learned Lord, Lord Bellamy, has been a model of what you need in a Minister in your Lordships’ House in that he is always prepared to listen, to discuss and to hear what might be needed, and when something is just, he seems to be able to act on it. You cannot ask for much more than that. I thank the Bill team, because I know what hard work it is to be a Bill team. I also thank my own people in our office, who have been backing us up on this Bill. I am just very glad that it has made it through wash-up.

[Lord Thomas of Cwmgiedd (CB)]

I will briefly add two sentences. In respect of the provisions dealing with the Parole Board and the IPP parts of the Bill, I pay a special tribute to the Lord Chancellor and Minister for Justice, and—although I know he will disclaim any responsibility—the Minister in this House. It has been a great pleasure to see the way in which, although we do not agree on everything, we have made huge reforms to the IPP system, and for that we all ought to be truly grateful.

Speaking of what the noble Lord, Lord Marks, and the noble Baroness, Lady Thornton, said, it is of the utmost importance that we should find a means—I do not believe it is precluded by precedent—of at least getting the Arbitration Bill forward, for all the reasons that he put forward. However, I pay tribute to the Minister on that Bill as well—he has worked so hard on it—and to the teams on both Bills for what they have done.

Victims and Prisoners Bill

Baroness Thornton Excerpts

Report stage
Tuesday 21st May 2024 Lords Chamber

[Lord Pannick (CB)]

I am very happy to proceed on the basis that group 6 will deal with these matters.

[Baroness Thornton (Lab)]

I have to say that I decided to ignore those and will discuss them in the next group, because they were in the wrong place.

[Lord Bellamy (Con)]

It is also the Government’s wish and position that we discuss that in the next group.

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[Lord Marks of Henley-on-Thames (LD)]

My Lords, I am grateful to the Minister for explaining his amendments, which accept a number of points made in Committee. On the point raised by the noble and learned Lord, Lord Thomas, about the position of the chair of the Parole Board—he raised this with me a little earlier, so I have not considered it in great detail— I am bound to say that I take the view that he is exactly right: you cannot possibly proceed with a selection procedure and take it to a conclusion when you have completely changed the job description. I hope the Government will take that point away.

I will speak to my Amendment 156ZAA, which remains on the Marshalled List and remains unresolved. It is intended to reduce the trauma caused to bereaved families and victims by repeated unmeritorious applications to the Parole Board for parole by the perpetrators of crimes who are serving life sentences. The restriction of such applications would be implemented without in any way diminishing access to the Parole Board for applicants who have a genuine reason for making, after an earlier refusal, further applications that may, in the right circumstances, be made as little as a year after a refusal. I am grateful to the London Victims’ Commissioner for her help with this amendment.

The present provision in Section 28(7)(b) of the Crime (Sentences) Act 1997 provides that a prisoner serving a life sentence may not require the Secretary of State to refer the case to the Parole Board until after they have completed their minimum tariff and after the lapse of two years after any previous reference was completed. However, in practice, the Parole Board can, and frequently does, consider parole more often than every two years. Indeed, in the case of Chris Cave, stabbed to death at the age of 17 in 2003, there have been nine parole hearings after the earliest release date. His mother describes the repeated trauma of facing those parole hearings for her son’s murderer as torturing and as sometimes allowing only six months’ respite before the family has to prepare psychologically for the next parole hearing and prepare further victim impact statements.

This amendment would enable the Parole Board to direct a waiting time of between 12 months and four years before a further reference could be made—so the Parole Board could make the direction. However, if there were a direction for a waiting period of more than two years, the Parole Board would have to have a reasonable belief that the prisoner’s release prospects were unlikely to change over the period, and that decision would be reviewable.

The parole process is lengthy and is a potential time of stress for bereaved families and for victims and their families. Although such victims and bereaved families appreciate the opportunity to make impact statements and have them considered by the Parole Board, the strain of making them often is considerable and can often be retraumatising. This amendment is primarily aimed at preventing victims being subjected to that frequent stress when it is clear that nothing has changed.

We have considered concerns, which the Minister raised in Committee, that the rights of prisoners to reviews of their detention under Article 5(4) of the convention might be infringed. But we are satisfied that the flexible provisions in this amendment, including the review provision, are compliant with the convention and strike a fair balance between the rights of prisoners and those of their victims and their families.

At the same time as making this relatively modest change, we invite the Minister to say a bit more about what extra support can be offered through a perpetrator’s parole process to make that process more manageable and less frightening for the victims and bereaved families. With more public parole hearings and the trialling of victims’ attendance at closed hearings expected, the need for that support—and for sufficient resources to be allocated to providing it—is increasingly important.

The provision of further information to families is also very important and we would be grateful if the Minister would say something about the future provision of information to victims and bereaved families, either through the victim contact scheme or otherwise. Better information about the parole process is important, but such information is also needed about moves of prisoners to open conditions and their progress towards rehabilitation. That information would make the perpetrators’ process towards release much less painful for the families of their victims. I look forward to hearing what the Minister has to say about that.

[Baroness Thornton (Lab)]

My Lords, I am very glad that we have managed to sort out which are the right amendments in the right place through a collective effort across your Lordships’ House.

Noble Lords will recall a discussion on this matter in Committee, which is presumably what has led to these government amendments. Like the noble and learned Lord, Lord Thomas, I welcome them, but his questions about the appointments process are absolutely legitimate and feed into what we said in Committee—that the Government need to recognise the independence of the Parole Board and understand the risks of politicisation. The original Bill seemed to be government proposals in search of an actual problem to solve. The decision on the composition of the board should be a decision for the board.

The 2019 Ministry of Justice review of the Parole Board Rules stated:

“Restrictions on which panel members can hear particular types of case have gradually been lifted over time … to allow greater flexibility and timeliness in listing the right cases for the right panel members and we do not wish to undo the improvements this has achieved”.


That was echoed by Martin Jones, the chief executive of the Parole Board, when he gave evidence to the Commons committee.

So we are in a better place than we were at the beginning of this Bill, but the issues raised by the noble Lord, Lord Marks, are very legitimate and require the Government’s attention and an answer. The noble Lord, Lord Jackson, raised some very interesting points about how the board operates and its accessibility. That is a difficult issue, because it sometimes deals with sensitive and controversial matters. I will be interested to hear what the Minister has to say about that, because its decisions by their nature are sensitive and controversial and the Government should keep the new additional power in sub-paragraph (2C) inserted by Clause 54 under review. Removing the chair because a decision in an individual case is unpopular, as the noble and learned Lord, Lord Thomas, said, would influence the panel’s decisions and I think is not the way the committee and the House wish to see this go.

[Lord Bellamy (Con)]

My Lords, I begin with the amendments proposed by the noble and learned Lord, Lord Thomas. It was not in the least bit churlish to raise this point about the process for the appointment of the new chair of the Parole Board. I have no reason to believe that this is not a fully effective appointments process, but I am not informed of the detail at this moment, and I will write to all noble Lords to set out what the position is.

I take it that the amendments proposed by the Government remove the need for the noble and learned Lord, Lord Thomas, to move his Amendments 155 and 156. I was not entirely clear on whether the noble and learned Lord is still moving Amendment 154, which relates to the law enforcement members of the Parole Board. In response to the noble Baroness, Lady Thornton, I simply emphasise that nothing in the government amendments decides which individual members sit on which panel in individual cases. That remains the responsibility of the board, and that is right and proper. So I will not say anything further about that group of amendments.

I then come to Amendment 156ZA, proposed by my noble friend Lord Jackson. I thank him for the amendment because, as has been pointed out, it does raise some interesting and important issues. Once again, it is effectively a question of balance between all the various interests: victims, prisoners, confidentiality, details of health, et cetera. To recap, the provision for public parole hearings was introduced in 2022, allowing any hearing to be conducted in public if the chair of the Parole Board decides that it is in the interests of justice to do so. That changed the previous position, where all hearings were held in private. The amendment proposed by my noble friend would change that position so that all hearings would be in public by default, and a private hearing would take place only in exceptional circumstances.

The Government’s position on this amendment has not changed since it was explained in Committee and, if I may put it colloquially, the Government feel that we are still in the relatively early stage of developing and gaining experience from how the Parole Board manages public hearings. We are not yet ready to go as far as my noble friend would like us to go at this point. That is the essential answer to his point—but I do not close off the question at all. As has also been pointed out, it is part of a consideration of the continuous process of updating and reviewing the workings of the Parole Board as circumstances evolve.

To respond to the specific 8,000 hearings point raised by my noble friend, the Parole Board holds more than 8,000 hearings a year. This amendment would require the Secretary of State and the Parole Board to consider the merits of having a public hearing in every case. Victims would need to be contacted in every case, which would potentially add to their trauma. It is more complex and takes longer to have public hearings, and that may well delay proceedings further. To date, the Parole Board has published decisions for just 32 public hearing applications since 2022, eight of which have been granted. That suggests to the Government that the demand for public hearings is not, in fact, especially high, but I again emphasise that the situation is still evolving and that we need to continue to learn from the practice of the day. I very much understand the desire to create more openness, transparency and trust in the parole system, but I would not wish to create new administrative burdens on the system, potentially slowing it down. On the other hand, I do not feel that this amendment can be pursued at this point in time. I therefore urge the noble Lord to withdraw it.

Amendment 156ZAA, tabled again by the noble Lord, Lord Marks of Henley-on-Thames, concerns the interval between hearings and seeks to allow the Parole Board to direct the period of time. It aims to deal with the problem, as he would put it, of repeated applications. The Government are not able to change their position from that set out in Committee. The current system already provides for flexibility in the time set for the prisoner’s next parole review, and it is HMPPS—not the board—that currently sets that interval. HMPPS considers a range of factors in deciding when to refer the prisoner to the Parole Board on behalf of the Secretary of State. Reasons must be given for the length of the interval between reviews, including the Parole Board’s reasons for declining to direct the prisoner’s release at the conclusion of the last review and the interventions required to allow them to progress. The closer the interval length is to the two-year limit, the greater the justification required for the time between reviews.

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[Baroness Brinton (LD)]

My Lords, from these Benches, and in the absence of the noble Lord, Lord German, I want to say that we have had a fascinating, amusing, witty, but actually very important debate. We on these Benches completely support everyone who has spoken so far. I know that there is no question of moving to a vote, but it is something that we fundamentally believe in.

[Baroness Thornton (Lab)]

My Lords, from these Benches I express irritation that we have these in the Bill at all. We have spent the last two or three months working across the House, improving and building a new framework for victims. It is, let us just say, very puzzling that these are in the Bill.

[Lord Bellamy (Con)]

I thank the noble Lord, Lord Pannick, for tabling his amendments, and of course I thank the noble Lords, Lord Carter, Lord Meston, Lord Bach and others for their eloquence. I can well understand the feelings expressed. I of course recognise that the noble Lord, Lord Carter, together with the noble Lord, Lord Pannick, has spent many hours in Strasbourg defending the United Kingdom, and in that context, although the noble Lord, Lord Pannick, was modest enough—probably inaccurately—to say that his results had been mediocre, in fact the United Kingdom has, if not the best, at least one of the best records in Strasbourg of respecting human rights.

The question of the compatibility of this particular provision with Article 12 of the ECHR has been very carefully considered—otherwise the Secretary of State would never have given the certificate in the first place.

The Government’s arguments were set out in Committee and I am not sure it is particularly useful at this late hour—especially as it is 10.01 pm—to repeat them. In the Government’s view, the measures are proportionate and apply to a very small cohort of the most serious offenders who have committed the most serious crimes. As of last December, there were 67 whole-life prisoners in England. Because they will never be released, their ability to enjoy anything resembling normal married life is already lawfully and legitimately restricted in a very significant way.

In the Government’s view, the measures are justified on the basis of public interest, as already set out in Committee. The public’s confidence in, and respect for, the justice system is a matter for which any elected Government must have regard—and that of course includes the feelings of victims. The one cause célèbre that has been mentioned did have an important impact in that regard.

I would add only that the measures do not prevent whole-life prisoners benefiting from supportive relationships while in custody, in the same way as other prisoners. We are simply talking about being married or in a civil partnership, and not being able to do that does not have any practical impact on an individual’s ability to maintain a relationship with a prisoner, and does not provide any additional rights or detriments in terms of visits or communications.

I am very sorry to disappoint the noble Lord, Lord Carter, in particular. I do not have any authority to simply drop these clauses, nor am I able to indicate in any way what my personal views may or may not be. I hope I have provided at least some reassurance and I respectfully suggest that the noble Lord withdraws his amendment.

Victims and Prisoners Bill

Baroness Thornton Excerpts

Report stage
Tuesday 21st May 2024 Lords Chamber

[Baroness Brinton (LD)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Royall, and the noble Lord, Lord Russell. I also thank Laura Richards, Claire Waxman—the Victims’ Commissioner for London —and the Suzy Lamplugh Trust for their consistently helpful briefings for us. I am very moved by the powerful examples that the noble Baroness gave us and I agree with everything that she and the noble Lord said.

I just want to reiterate the point that we as a group keep making, which is that the government arrangements often mean that stalkers are missed out. They are often mischarged with other crimes, such as harassment or malicious communication. It is common for the National Stalking Helpline to see high-risk stalking cases managed as low-level nuisance behaviours or even as isolated incidents, and as a result fewer perpetrators are convicted and even fewer sentenced to 12 months or less.

There are also some concerns. The Minister has told us that the Home Office domestic abuse and stalking perpetrator intervention fund for last year was made available for PCCs to commission services covering all forms of stalking, including non-DA. However, there were a disproportionate number of funds apportioned to DA-specific stalking services or even DA services that do not address stalking at all, or claim to address stalking but without any stalking expertise. Some 65% of awards in this grant were solely for domestic abuse interventions, with no stalking provision. The problem is that whatever we say here is not ending up on the front line, so can the Minister tell us how the Government propose to manage a more comprehensive approach for stalking perpetrators?

The Suzy Lamplugh Trust has provided plenty of evidence over the years, and indeed in its super-complaint, about how investing in perpetrator management saves money. It saves money because there is no constant repeat of crimes committed by these obsessed and manipulative stalkers, and it helps the state as well. On that basis, from these Benches we support the noble Baroness, Lady Royall, if she wishes to call a vote on these two amendments.

[Baroness Thornton (Lab)]

My Lords, I shall be brief. My name is on this amendment, and indeed, I spoke to similar amendments in Committee. It was a great pleasure to do so, but I regarded myself, as I said at the time, as a substitute for my noble friend Lady Royall, who indeed has the most tireless record of championing this cause and taking every opportunity to remedy the problem. We are presented with an opportunity here. Guidance is not working. That is the problem. We have to put these modest amendments into the Bill because we know that guidance is not working. It is not good enough, and it means that it is a postcode lottery as to whether action is taken in the way that is necessary, and it makes a hit and miss system for whether or not women’s lives are saved. That is not good enough. It is time. We need to put both these amendments in the Bill. We owe it to the victims of stalking to ensure that the police everywhere will see stalking for what it is: often a stepping stone to something worse. It is time we did that.

[Lord Roborough (Con)]

My Lords, I thank the noble Baroness, Lady Royall of Blaisdon, for her amendments relating to the Multi Agency Public Protection Arrangements —MAPPA. Before addressing the amendments, I thank the noble Baronesses, Lady Brinton and Lady Newlove, and the noble Lord, Lord Russell of Liverpool, for making the time to meet me and my officials on this matter.

The Government agree that robust management of perpetrators of domestic abuse and stalking is crucial to help keep the public safe. We are in agreement with the spirit of these amendments. However, we believe that the objectives can already be met through current provision and policy and through separate legislation that we are taking forward. As the noble Lord, Lord Russell, kindly commented, that remains our view.

I will address Amendment 132 first. Under existing legislation, individuals who are convicted of specified violent and sexual offences and are subject to notification requirements and/or sentenced to 12 months’ imprisonment or more are automatically eligible for management under MAPPA. These offences include offences which are committed in the context of domestic abuse, such as threats to kill, actual and grievous bodily harm, and attempted strangulation, as well as stalking, including fear of violence. The list of offences is kept under review and, in recognition of the seriousness of the offence, we are legislating in the Criminal Justice Bill to ensure that offenders convicted of controlling or coercive behaviour and sentenced to 12 months’ imprisonment or more will automatically be managed under MAPPA. This will mean that many of the most serious domestic abuse offenders will be subject to stringent multi-agency management.

MAPPA in the 42 police force areas of England and Wales are delivered by independent strategic management boards. As well as representatives from the police, probation and prison services, SMBs will have representatives from other agencies, such as local authorities and health providers. To encourage consistency, SMBs must have due regard to guidance issued by the Secretary of State pursuant to his permissive power under the Criminal Justice Act 2003, while also responding to local needs.

As we committed to do during the passage of the Domestic Abuse Bill, we strengthened the Secretary of State's MAPPA guidance to include a chapter dedicated to domestic abuse and stalking. This mandates that all domestic abuse and stalking offenders who do not qualify for automatic MAPPA management must be considered for discretionary management, known as category 3. We have also worked with MAPPA agencies to improve practice, including the publication of additional guidance setting out the thresholds to be met for the various levels of MAPPA management to assist practitioners making these decisions, and, if we find that cases of domestic violence and stalking that need to be managed under MAPPA are still not being identified and referred for MAPPA management, to take further remedial action.

In response to the six harrowing cases that the noble Baroness, Lady Royall, mentioned earlier, while we cannot comment on individual cases, I express my and the Government’s sincere condolences to all individuals and families who have been impacted by domestic abuse or stalking. The MAPPA framework is available only for convicted offenders. All individuals with convictions for domestic abuse and stalking behaviour, where not automatically eligible, must already be considered by the responsible authorities for management under MAPPA. The statutory guidance makes this clear. MAPPA is not available in cases where individuals do not have convictions, but there are other measures that are either already in place or are due to be piloted shortly that serve to protect a victim; for example, the statutory domestic violence disclosure scheme, often referred to as Clare’s law, which provides a mechanism for the police to disclose information about an individual’s past abusive or violent behaviour, or civil orders, such as stalking protection orders and, later this year, domestic abuse protection orders.

Victims and Prisoners Bill

Baroness Thornton Excerpts

Report stage
Tuesday 23rd April 2024 Lords Chamber

[Baroness Brinton (LD)]

My Lords, my honourable friend Layla Moran laid an amendment about the ending of non-disclosure agreements that prevent victims disclosing information to the police or other services, including confidential support services, ensuring that they cannot be legally enforced. She has campaigned on this issue for some considerable time. She and I both thank the Minister for the progress in Amendment 76, which is undoubtedly a step in the right direction. It certainly will help some victims access the support they need, but we on these Benches regret that this is not enough to fully give victims their voice back. We still need a complete ban on the use of non-disclosure agreements in cases of sexual misconduct, harassment and bullying to ensure that no victim is ever silenced. We will campaign on this in future but appreciate the step forward that has been made in this Bill.

I have signed Amendments 87, 88, 89 and 94 from the noble Baroness, Lady Bertin. I also thank the Minister for the meetings, his Amendment 76 and what he said in introduction—I agree with the response by the noble Baroness, Lady Bertin. The noble Baroness, Lady Morgan of Cotes, talked about third-party data requests, and again it was a privilege to be involved in those meetings. I thank her for her comments and her remaining concerns. She is absolutely right that it does not take us further forward enough.

Finally, I signed Amendment 96 from the noble Baroness, Lady Meacher, on the immigration firewall. My noble friend Lady Hamwee was absolutely right: we have been here before. I was just thinking about amendments during the passage of the Illegal Migration Bill, the safety of Rwanda Bill and, I suspect, the Nationality and Borders Bill before that—yet we are not making progress. It is very unfortunate that the Government have gone backwards since the Modern Slavery Act in the protection of these particular victims. I know that across the House we will continue to push for ensuring that the loophole is closed.

[Baroness Thornton (Lab)]

My Lords, it is really a pleasure to respond to this group from these Benches, because there is real progress. It is important to record thanks to everybody who has made this progress happen. I very much welcome the clarification that the Minister has made in Amendment 76. The noble Baroness, Lady Brinton, is quite right, though, that this is a first step. Indeed, today a useful brief was sent to me and possibly other noble Lords from the Bar Council, which makes the point that the issue of non-disclosure agreements is ripe for legislative change. The Bar Council welcomes the Government’s intention to implement legislative reform and recognises that some NDAs are abusive in nature. NDAs cannot cover criminal acts, and under existing common-law protections many are already unenforceable, but those who are asked to sign them are not always aware of the relevant legal principles. When you have the Bar Council and everybody else on your side, you know that this is an important first step.

On the Government’s amendments, I welcome Amendment 85, as the noble Baroness, Lady Newlove, welcomed it. I thank the Minister and his team for listening and for bringing forward this amendment, which was aired in Committee very powerfully indeed by the noble Baronesses, Lady Watkins and Lady Newlove. Then, of course, there is a suite of amendments in the name of the noble Baroness, Lady Bertin. I was very pleased to be able to support these in Committee. These Benches are absolutely in favour of them; they have the support of the whole House. I know from the very long time ago when I was a Minister how much work goes into getting to this place. I congratulate the noble Baroness and say how much we are in favour of these amendments.

The noble Baroness, Lady Morgan, is absolutely right to be disappointed about the Government not accepting Amendments 87A and 88A. It is probably clear that we have not come to the end of this. The noble Baroness is quite right in nodding to say, “We have definitely not come to the end of this discussion about what needs to happen to support victims with requests for dealing with digital and other information, and providing the right kind of safeguards for them”.

The noble Baroness, Lady Meacher, is right, and she has our Benches’ support for her amendment. If there were to be a Division on this then it would be next week. Between now and then we need to look at what the Minister has said to see if we can push him a bit further than he has gone, and then maybe we could avoid that, but the noble Baroness needs to know that she has these Benches’ support, and probably that of the Liberal Democrats, if we need to take the issue further. All in all, we have made great progress.

[Lord Bellamy (Con)]

I shall answer a couple of questions and make one clarification. I think it was the noble Baroness, Lady Lister, who said, “Come on now, when are the code and the protocol going to be available?” I am afraid that, at this point, I cannot advance matters further other than to say, according to my instructions, that the code will be available for parliamentary scrutiny this spring—I know that is not as precise as anyone would like—and that the protocol will be launched later this year. These matters are under the control of the Home Office, and we had a discussion earlier about the relationship between 102 Petty France and Marsham Street. That is as far as I can go at the moment, and I apologise to the noble Baroness that I cannot be more precise.

I am prepared, as always, to have a further exchange of views on Amendment 96. I am not sure we can take it much further but we are always ready to listen, since throughout the Bill we are dealing with the problem of striking a balance between effective immigration control and victim support, and unfortunately there are always trade-offs to be made.

To respond to my noble friend Lady Morgan about requests for relevant information, new Section 44A(6) requires that the request is proportionate. The authorised person must be satisfied that there is no other means of obtaining the information or, if there are such means, that they are not practicable. The decision to release the information ultimately lies with the third party, and that third party has their own obligation under the Data Protection Act and their own duties of confidentiality owed to the person concerned. Again, I respectfully suggest that, bearing in mind my noble friend Lady Bertin’s amendments, the balance between fair-trial rights and victim protection is effectively drawn in the result that we have arrived at. It is not perfect, I know, but it seems to be a practical solution to a very difficult problem.

Victims and Prisoners Bill

Baroness Thornton Excerpts

Report stage
Tuesday 16th April 2024 Lords Chamber

I am mindful that, when we first managed to introduce a specific stalking law with a maximum sentence of five years just over a decade ago, two subsequent pieces of legislation have been added since to strengthen it. That has helped and enhanced it. I hope that these government amendments are the beginning of a journey. I believe that practice will show that there needs to be further strengthening. In the meantime, I am very grateful to the Government for taking these steps forward.

[Baroness Thornton (Lab)]

My Lords, there is great consensus across the House to say thank you to the Minister and his team for the steps that have taken us forward. I went through all these amendments to look at what they contained. They reminded me of the debates that we had in Committee about the things we wanted to see strengthened in the Bill. We should be pleased that we have made such progress. The Minister has done a great service to the victims’ code and compliance. I am also with my noble friend, in that it is a good start but we would like to go further. I think the noble Baroness, Lady Newlove, echoed that.

We would be very pleased on these Benches to support the noble Baroness, Lady Gohir, in her amendment. I have been in the House for 26 years and have been in a similar position as a Back-Bencher on something I really cared about and thought should happen. It is possible that we may have a solution from the Liberal Democrat Benches, and that would be great, but there is always another Bill coming down the track. I can say from these Benches with some certainty that, if there is another Bill coming down the track and the noble Baroness goes for it again, we will support her. It sometimes takes a little while but, quite often, if you have an issue that you care about—I think this is a really important issue—you will get there. But perhaps the Minister will say yes to the noble Baroness —let us hope so.

The second issue is in the amendments about training, both of which are very important. We will certainly support the noble Lord, Lord Russell, in his amendment at the appropriate time, when it is dealt with. This is a very good example of how the House works best when we continue to talk to each other about all the things that we want to see happen. It is amazing how often you start a Bill and the Government Benches and the Bill team think that the Bill they have is perfect—of course they do—and should not be changed, but the iterative process of discussion and debate we go through in this House does improve legislation. This is a good example of that.

[Lord Bellamy (Con)]

My Lords, I thank all noble Lords for the sincerity with which their various points have been made. I will briefly reply to the amendments not proposed by the Government. Unfortunately, while understanding all the points that have been made, the Government are not in a position to accept the amendments as they are. Although noble Lords have been kind enough to say that this is good progress and to express their thanks, I make it absolutely clear that I work with my right honourable friend the Lord Chancellor Alex Chalk, and he is the boss, and my right honourable friend Minister Argar was responsible for this Bill in the other place. Although it is very kind of noble Lords to make compliments to me, they should please bear in mind that I am part of a wider team, supported by an excellent staff.

We are not in competition with Marsham Street—or at least, we do not see it that way—but under the present Lord Chancellor, progress on this Bill has reflected the current ethos of the Ministry of Justice. I fully welcome and support the plea from the noble Baroness, Lady Chakrabarti, for more financial resources for the Ministry of Justice; that would be wonderful. But we work with what we have and, of course, some of those constraints have provoked the Government’s inability to go quite as far as others would like.

Amendments 23 and 122, from the noble Baroness, Lady Chakrabarti, would place the victims’ code in a schedule to the Bill and make related changes. I hope I have reassured her on our strengthened approach, and that compliance with the code is not optional. It may have been seen as optional in the past, but this is quite a change. As an alternative to Amendment 32, which would promote enforcement through the courts, we have a different non-compliance notification process which I hope will be equally effective. We are very reluctant as a Government to go down a court-based route because that can take up more resources and be less effective and more counter-productive than other routes.

We are very much in favour of the other routes that we have developed, I hope comprehensively, in the Bill, including the need to have clear compliance procedures, bolstering the accountability framework to make sure that there is appropriate recourse and, in particular, relying heavily on the independent scrutiny of the Victims’ Commissioner. So those various mechanisms collectively should give us a good framework; let us give them a good try and see, as noble Lords have suggested. At some point we may need to go further, but this is a good start, is it not? That question is rhetorical, so noble Lords do not have to answer.

Amendments 24, 26, 27, 29 and 30 concern consulting the Victims’ Commissioner. We have effectively covered the same ground in the Government’s amendments, and I do not think I need say any more about that. We have not gone down the route of putting all this through the affirmative procedure. I am not entirely persuaded that the affirmative procedure is as good as it might be, in that you can only say yes or no, et cetera. But the procedures we have for bringing the code into force, reviewing it, issuing it and consulting on it are all good and should work quite well. I hope that, in the light of that, there is no need to pursue those amendments.

Similarly, Amendments 55, 68 and 69—the latter being one of the amendments proposed by the noble Lord, Lord Russell of Liverpool—concern consulting various commissioners and “by and for” services on the duty to collaborate. I am very grateful to all the commissioners who have collaborated with us on developing these measures. We will publish draft guidance on this part of the Bill, but the Government’s position is that the overall framework we have for consultation and publishing guidance is already sufficient and appropriate.

Of course, the department will continue to engage with all national commissioners. I am particularly grateful for the support of the Victims’ Commissioner. I mentioned earlier the Children’s Commissioner, and I work very closely with the Domestic Abuse Commissioner. They are all making a very significant contribution to a better system. Of course, we will continue to engage with a whole range of providers, including the “by and for” organisations. It is very much in the Government’s interests to consult and engage as widely as possible, so there is no reason not to.

Amendments 46 and 47 would require code compliance data to be shared with the Victims’ Commissioner. We have put forward a number of amendments to make the central role of the Victims’ Commissioner clear. I hope these are sufficient to place the Victims’ Commissioner at the heart and centre of the system, remembering that they already have existing and separate powers to issue reports and recommendations, and, under this Bill, the agencies have to respond to them.

This brings me to the important subject of code training in Amendments 34 and 58 from the noble Lord, Lord Russell. He is rightly concerned about this and has emphasised it throughout. I do not at all hide behind this fact, but if you believe in devolution—and we have 43 different police forces, different local authorities and 43 police and crime commissioners—you have to accept a certain degree of difference in the way those authorities operate. That is inherent in any devolved system. None the less, it is of fundamental importance that front-line staff are adequately trained to support victims of all crimes. That is why I can and do commit to using the statutory guidance to be issued under Clause 11 to set a clear expectation that agencies should have adequate training on the code so that staff know what the code is, can inform victims of their entitlements under it and do their job in a way that complies with it.

The Government are of the view that legislation is not the right place for such matters, given the level of operational detail required and the diverse requirements of the various organisations delivering the code. However, we appreciate that there needs to be a mechanism to ensure that training not only exists but is effective. I believe we can achieve the right balance by committing to prescribing in the regulations that bodies must collect and share information on the training they have in place to ensure that the code is delivered effectively as part of the delivery assessments within the compliance framework.

Victims and Prisoners Bill

Baroness Thornton Excerpts

Tuesday 12th March 2024 Lords Chamber

[Lord Hodgson of Astley Abbotts (Con)]

My Lords, I have added my name to Amendment 155 in this group. The principles behind and the purposes of the amendments we have been discussing have already been well forked over, so I will cut straight to the chase.

I have intervened in Committee only on one other group of amendments, a few weeks ago on restorative justice. I link the two because they offer the opportunity to break cycles of offending and to give the individuals involved a chance of hope, to avoid the hopelessness that my noble and learned friend the Minister said was so pernicious when he was summing up the first group of amendments; the noble Lord, Lord Berkeley of Knighton, also said it when contributing to a later group. Nowhere can this be more important than when dealing with young offenders. As the noble Baroness, Lady Chakrabarti, said, the individuals who make up the group covered by these amendments are unlikely, at the time of their initial sentence, to have a great deal of emotional maturity or self-discipline. They are children, as she pointed out. This is unsurprising, given the likelihood of their background and their life chances prior to their sentence. One hopes that the framework provided by the prison regime for young offenders will accelerate that emotional and other development, paving the way for a return to society.

I endorse the remarks of my noble friend Lord Attlee and the noble Baroness that this is not seen as a soft option. We have to make sure that the public are properly protected—otherwise, respect for and confidence in our judicial and penal system are undermined.

This group is going to undergo a further shock. At a meeting of the All-Party Group on prisons, we had evidence from young people—25 year-olds, really—about what it was like to move from a young offender institution to full prison life. The evidence was pretty startling. The guy said that life in a young offender institution was no bed of roses, but when you got into prison it was a whole different world—quite shocking. Clearly, he was very shocked by it. Indeed, Recommendation 24 of the Justice and Home Affairs Committee report addresses the issue of how you transition and what it means to the people who are so caught up in it. He went on to say that, for some people, it hardened them into a life where they would be persistent offenders but, for some others, it was a wake-up call. They saw that it was a chance, if they managed to get their act together, and were encouraged, to be able to break out—and part of that was seeing some light at the end of the tunnel. This is one of the issues that is very important in these amendments: it is about light at the end of the tunnel, and people being able to see that something can happen to them.

I shall end with a different example that is completely outside the matters that we have been discussing but which might give a sense of what it feels like to be given an IPP sentence. My father’s best friend was captured at Dunkirk in June 1940. He was 24 years old, and he was in a prisoner of war camp until May 1945, when the war came to an end—first in Germany, then in Poland. He went in at 24 and came out at nearly 30. He did not talk about it much, but I remember when I was about 20 him being prepared to talk about what the experience was like. So much of it was like having an IPP sentence.

It began with a sense of shame: had you done enough? Should you have gone on to the bitter end and had you, by surrendering, let your country down? But that died away. Then it was about hardship, which was quite great in the first winter of the war, 1940-41, until Red Cross parcels and parcels from home began to arrive. But my father’s friend said that none of that in any way matched up to the appalling sense of hopelessness —that month after month and year after year ticked by, and you could feel your life running through your fingers.

My father’s friend could articulate that, but I suspect that that is what quite a lot of the IPP individuals are feeling, to some extent, even if they are not able to put it clearly into words. They are the ones for whom I hope we can find ways to help, so that they get that sense of hope. In the prisoner of war camp—they put it rather more roughly in those days—a lot of people behaved rather oddly. What they were saying, of course, was that they were under extreme mental stress. There were no drugs, of course, because they were not available in those days, but the stress of persistent confinement in very crowded conditions undoubtedly had a huge effect on a number of people in a prisoner of war camp.

That is why we need opportunities for reviews of individual cases to take place as often as is consonant with public safety. That is why I support this group of amendments and why I put my name to Amendment 155 in particular.

[Baroness Thornton (Lab)]

My Lords, I am very struck by the words of the noble Lord, Lord Hodgson, about light at the end of the tunnel. That is what this suite of amendments is about for a cohort of young people who, at the moment, will not be seeing a light at the end of that tunnel. I thank my noble friend Lady Chakrabarti for speaking with such clarity about what these amendments are about, and other noble Lords who have described what this must feel like for a young person and pointed, as the noble and learned Lord, Lord Hope, did, to some of the remedies that these three amendments offer to the Minister and the Government. I hope that they take them up and carry them through.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)]

My Lords, I again thank noble Lords for all the points made on this part of the Bill. I shall take it first in the general and then the particular. In the general, these amendments quite rightly put on the radar, the horizon and public consciousness the importance of dealing with prisoners who received their sentence when they were still under the age of 18. This is already a very important function that these amendments have performed. As for the question of the light at the end of the tunnel, I share the thoughts of the noble Baroness, Lady Thornton, that the remarks of the noble Lord, Lord Hodgson, were very pertinent as to what it feels like to be incarcerated in the dramatic circumstances that he related.

It is the Government’s view that these prisoners, among others, need to have light at the end of the tunnel. This is the whole purpose and thrust of the Government’s approach. In practical terms, as I understand it we have 32 prisoners in this position who have not been released, another 48 who have been recalled, and a hundred or so out in the community. These figures may not be exactly right; they are not quite the same as those given by the noble Baroness, Lady Burt, although they are approximately the same. For the recalled cohort and for those in the community, the reduction in the licence period from 10 years to three will be significant and very much benefit those serving this DPP sentence. Against this background, the Government are not quite persuaded that these amendments would achieve our joint objective of providing this light at the end of the tunnel.

--- Later in debate ---

[Baroness Chakrabarti (Lab)]

I am grateful to all noble Lords in the Committee. I thank the noble Baroness, Lady Burt, not least for giving us an opportunity to thank, once more, the Prison Reform Trust, and I would add the Howard League for Penal Reform and UNGRIPP, in particular, who are the family members of these desperate people in many cases. I thank her for pointing out this issue of the window of opportunity for rehabilitation and seeing another possible way of life.

Hope springs eternal, and therefore we are particularly lucky to have “hope” in the form of the noble and learned Lord, Lord Hope of Craighead, who is so active in this Committee. Every point he made was quite hard, if I may say so, to resist. But my man of the match, I am afraid, was, none the less the noble Lord, Lord Hodgson of Astley Abbots, because I feel that one of the reasons that we have not had a serious penal reform campaign in this country, possibly since the Victorian period, is because we have lost empathy for the prisoner. We have locked them away—out of sight, out of mind. They do not vote, et cetera: all these things that will set the alarm bells ringing at the Daily Mail, if anybody is up there. We have lost empathy for these people. They are not human anymore; they are prisoners; but in this group of amendments at least, we are talking about people who were children when they were given this sentence, and the fact that the noble Lord, Lord Hodgson of Astley Abbots, had sufficient empathy to compare “criminals” with his late father’s friend and a war hero is the kind of empathy that I rarely hear about any demonised group in our society, whether it is convicted people, refugees and asylum seekers or anyone else who is, for the moment, in a demonised category. I am grateful to the noble Lord for what he said.

I am grateful, of course, to my noble friend Lady Thornton for the support of the Labour Front Bench. She of course was an Equality Minister in the not-too-distant past, and I hope that she will be one in the not-too-distant future, shortly, or in due course, or whatever these other phrases are that are occasionally—

[Baroness Thornton (Lab)]

We are not complacent.

[Baroness Chakrabarti (Lab)]

We are never complacent, but always with hope.

Finally, in that regard, I noted that the noble and learned Lord the Minister said, “not quite persuaded”. In that “quite”, in that little space, I will keep hope. I was here to keep my noble friend’s hope alive in his absence, because these amendments were particularly important to him.

Victims and Prisoners Bill

Baroness Thornton Excerpts

Committee stage
Wednesday 31st January 2024 Lords Chamber

[Baroness Brinton (LD)]

My Lords, this is the first group of amendments which really gets into victims’ rights—not just what is expressed in the victims’ code, but ensuring that they can access it. The noble Baroness, Lady Gohir, started the group with the important issue of a victim’s right to challenge decisions, including but not only relating to multiple perpetrators. I thank her for that, because that and some of the cultural issues she raised are important in ensuring that victims’ services are tailored to victims’ needs and are not a tick-box exercise.

I thank Restorative Justice for All for its briefing, and all noble Lords who have spoken in this debate. I will not repeat it all, but we know that restorative justice is a well-established and evidence-based alternative that certainly does not let offenders off the hook; it is as difficult for offenders as it often is for the victims. Restorative Justice for All wrote to us because it is concerned about how long it has been since issues about the right to restorative justice were addressed. It goes back to an EU directive of 2012, yet there is still no absolute right available. That needs to be remedied.

Unfortunately, under this Bill there is no obligation for criminal justice agencies to inform harmed parties about restorative justice systems. When we come to later amendments, we will be fighting hard to ensure that that does become a requirement, because victims deserve no less. The other part of this group also talks about signposting of services. I am grateful to the noble and right reverend Lord, Lord Harris of Pentregarth, who believes that the perpetrators need restorative justice as much. The right reverend Prelate the Bishop of Manchester said that being told there is a code is a start, but much more is needed. I suspect that the Minister will try to say that having such a system would be expensive. However, we know that not having the alternative is even more expensive not just in terms of the consequences for victims’ lives, but for the criminal justice system, parole and stopping recidivism. Without restorative justice, all those costs will continue to pile on.

I do hope that the Minister will bring us some good news. I gently remind him that in the costings for this Bill we were reminded that Part 4, on prisoners, will cost around £0.5 billion, but only a very token amount is allocated for victims’ services. Perhaps that balance is not yet quite right.

[Baroness Thornton (Lab)]

My Lords, I agree with the noble Baroness, Lady Brinton, as I often do, that we are now digging into how this legislation can be improved for victims. I congratulate the noble Baroness, Lady Gohir, on raising the issue of the gap in proceedings whereby, if there are multiple perpetrators, some of whom are not charged and some of whom are, the victim does not have the right to challenge why people are not being charged. That clearly needs to be remedied, and I look forward to hearing the Minister’s suggestion.

--- Later in debate ---

[Baroness Hamwee (LD)]

I suppose it is like our written notes: sometimes we have them, sometimes we do not and sometimes we do not follow them.

We have heard that Minister Freer is looking at how audio recordings can be used. I wonder whether there is any more news on this than has been in the semi-public domain so far. The suggestion of listening to a recording or reading a transcript while supervised reminds me of the arrangements made for a very few senior politicians to read the assessments of the Chilcot inquiry. To me, like to others, that is not a sensible arrangement.

In any event, as I understand it, in magistrates’ courts recordings are not made. For a victim to have to sit in court and listen it is very likely that she or he will be close to the family and friends of the defendant. As my noble friend Lady Brinton said, it is a matter of open justice. This debate confirms that the adversarial system treats the victim as little more than a witness.

[Baroness Thornton (Lab)]

My Lords, I thank all noble Lords for their contributions. I appreciate that this places the Minister in a somewhat interesting situation; yet again, he finds that the Committee is united on this issue, as I think we are.

As when I last spoke a few minutes ago, when I first read this amendment, I thought, “Oh, for goodness’ sake”. What is the problem with people having access to the transcripts of the case that affects them as victims? As this debate has proceeded, and I have learned more about the barriers and what happens to people—supervised listening and people discouraged from going into court to listen to proceedings—I feel even more that this is an important matter which would enormously strengthen our victims’ code and the way victims are treated.

Let us think about how every single word that is said in public in this place is available to watch, and re-watch if you really want to, and to read—the committee transcripts may take a little while to be published, but they are there—and how important that is for our proceedings and for us to be able to do our job so much better. It is not a difficult thing to do given technology today; it is not difficult for those things to happen in this place. Think how much more important that would be for somebody who was the victim of crime.

In many ways, access to information about the proceedings that affect them is symbolic of victims’ rights. I accept that child victims would need to be considered because, apart from anything else, we would not want a child to be able to be identified through transcripts of their proceedings, but it is not beyond our wit to sort that out. A pilot is good, but there is a matter of principle here that the Government will need to address.

[Lord Winston (Lab)]

My Lords, as my name has just been mentioned in this short debate, I will make a quick interjection and give the example of medical treatment of patients. It is extremely common to have a detailed conversation with a patient who has listened and apparently understood exactly what has been said, but then you find that they have understood nothing at all and are later really confused about their treatment.

Perhaps I may tell a very short story. I once had an extremely well-off woman who was totally infertile; she had no chance of a pregnancy. I spent an hour and a half talking to her explaining why this was the case and that there was no possibility of her being pregnant. However, 18 months later, she came into my clinic— she had flown in from another country—and said, “Dr Winston, I am pleased to tell you that, as you predicted, I am now pregnant”, and she was. I was a complete fool; I was wrong. It is really important to understand that, because this is a situation that happens quite often, and it is significant in terms of a court when you are very anxious.

Victims and Prisoners Bill

Baroness Thornton Excerpts

Committee stage
Wednesday 31st January 2024 Lords Chamber

[Baroness Brinton (LD)]

From these Benches, I will be extremely brief, because I agree with everything that has been said. I signed Amendments 27 and 29 in the name of the noble Baroness, Lady Chakrabarti, and I absolutely support the amendment from the noble Baroness, Lady Thornton, which my noble friend Lady Hamwee has also signed. We cannot have commissioners who are commissioners in name only. They need clear roles, responsibilities and powers, and clear limits to those powers. The problem at the moment is that they do not, so we support the amendments.

[Baroness Thornton (Lab)]

My Lords, the noble Baroness, Lady Newlove, said it right when she said that it is time to give the Victims’ Commissioner the statutory place and rights that are appropriate. That is exactly the point of this suite of amendments. They aim to do two things. One is to give the Victims’ Commissioner the right status to be able to get the right information and have the right relationships to make them most effective, but it is also placing duties on other organisations to co-operate with the Victims’ Commissioner. That is what this suite of amendments is about. That means that they are very important. They also reflect the powers that other commissioners have in this space.

We have a group of amendments which give the Victims’ Commissioner a statutory duty to review the operation of the victims’ code, placing a statutory duty on the Secretary of State to consult the commissioner when making any changes to the victims’ code or issuing any statutory guidance relating to it. The amendment refers to the duty of the Secretary of State to consider any representations in relation to the drafting of the victims’ code in consultation with the Attorney-General. Again, I thought, “Why do you have to say that?” But, actually, I think we have to.

Amendments 27 and 29 alter the procedure for amending the victims’ code to require formal consultation with the Commissioner for Victims and Witnesses—I did not think that was necessary either, but if we need to say that, then we do—and affirmative parliamentary procedures.

Amendment 28 refers to

“the duty on the Secretary of State to consult the Attorney General on any revisions”.

Amendment 35 refers to

“the Secretary of State’s duty to issue regulations on the information to be collected by PCCs at a local level”.

Amendment 43 also places a duty on the Secretary of State to

“issue regulations on the timing and format of the information”.

This is about relationships that the Victims’ Commissioner needs to have to do their job effectively—with the Attorney-General, with PCCs, with the agencies with which the commissioner has to work.

My amendment—again, you would not think it would be necessary, but it clearly is—states that there is a specific public authority duty

“to co-operate with the Commissioner in any way that the Commissioner considers necessary for the purposes of monitoring compliance with the victims’ code”.

If we do not give the Victims’ Commissioner the power to ensure that the code is being complied with, we are not taking victims seriously. If we do not do that, we do not place the right kind of duties on the Secretary of State. We also need to make sure that the way the Victims’ Commissioner works is joined up with all the different agencies that she—it has always been “she” so far—needs to have.

We are very keen on this group of amendments because it does those two things: it gives the Victims’ Commissioner power, and it places a duty on different parts of the state to provide, as the noble Baroness, Lady Newlove, said, formal parts of criminal justice infrastructure. This a powerful suite of amendments that I hope the Minister will agree to, and certainly will discuss with us as we move forward.

[Lord Bellamy (Con)]

I am very grateful, once again, to all noble Lords who have spoken to this group of amendments, which is related to the previous group. I am very sorry if the noble Baroness, Lady Chakrabarti, and I have managed to fall out over what is actually a legal discussion. Maybe we can pursue some of the points that were made in the previous group further, so that we understand each other and where those who support those amendments are coming from.

As far as this group of amendments is concerned, I will take first the amendment that would place a specific duty on specified public authorities to co-operate with the Victims’ Commissioner. I do not think anyone is in any doubt—and certainly the Government are not—that the Victims’ Commissioner plays a most important role that requires collaboration across the criminal justice system and the support sector. We recognise that there is other legislation affecting the domestic abuse commissioner which gives them the kind of powers that I think are partly, at least, being sought under this amendment.

I cannot at this moment accept the amendment, as I am sure noble Lords completely understand. But I am very much open to working with the Victims’ Commissioner and the House on whether there is any common ground on this approach, which would help us build up the bricks we are looking to build up to create the building that will enable this whole system to be more effective.

As regards the amendments to require the Secretary of State to consult the Victims’ Commissioner, I first make an extremely nerdy point, just for clarification. Clause 3(3) states:

“In preparing the draft the Secretary of State must consult the Attorney General”.


That is probably a bit confusing at the outset, but what is essentially being said is that the Secretary of State must consult relevant Ministers responsible for the bodies to which the draft is to apply: the Lord Chancellor, the Home Secretary—both of whom are englobed in the phrase “Secretary of State”—and the Attorney-General, who is responsible for the Crown Prosecution Service and similar justice bodies. It is a sort of ministerial consultation.

As to the question of consulting the Victims’ Commissioner on the code, further amendments to the code and so forth, I cannot imagine any circumstances in which the commissioner would not be consulted on all these matters. We have not set out in the Bill all the stakeholders that should be consulted but I would very much like to continue to work with the Victims’ Commissioner on this issue and how we continue to recognise that vital role. Again, may we take this amendment under advisement and see how far we can go?

Victims and Prisoners Bill

Baroness Thornton Excerpts

Committee stage
Wednesday 24th January 2024 Lords Chamber

[Baroness Thornton (Lab)]

My Lords, it is an honour to be participating in the discussions on this important Bill. We have got off to a great start today—albeit a little later than we were expecting. I say from the outset that my noble friend Lord Ponsonby and I are very keen to work with colleagues from all parts of the House, and the Minister and the Bill team, to ensure that we end up with the best possible Bill and the best possible future of support and attention for victims in our criminal justice system, as eloquently expressed by the noble Baroness, Lady Newlove.

The amendments already show that commitment. I am thankful for the briefing that we have received from many directions, including from the victims’ commissioners of both the UK and London, the Children’s Commissioner and many other organisations, whose help and support will be important for our deliberations over the days and possibly weeks to come.

I will speak to all the amendments in this group, with particular reference to Amendment 4, to which I have added my name, and Amendments 12 and 19, to which my noble friend has added his name. These amendments address what should be included in the definition of “victim” in the Bill in Clause 1. In this debate, we are testing whether that definition is inclusive enough to cover the range of people who find themselves victims.

In Amendment 1, the noble Baroness, Lady Brinton, seeks to include people who support witnesses or victims of the most serious crimes. She explained—with great clarity—what that would mean and how that would work. Amendment 2 recognises that being a victim abroad means you are a victim and recognises the distress that that experience brings. It was movingly described by the noble Baronesses, Lady Newlove and Lady Finlay.

Amendment 3 very interestingly probes the width of the definition, as exposed by the discussion and the remarks of the noble Baroness, Lady Jones. Amendment 4 addresses the issue of anti-social behaviour victims, in the name of the noble Lord, Lord Russell. I thank both him and the noble Baroness, Lady Newlove, for the way that they have talked about this. I added my name to this amendment because, although the Bill seeks to introduce measures to help victims, we have to have confidence that the right support is available and that, if they report a crime, the criminal justice system will treat them in the way they should rightly expect.

However, this Bill misses the opportunity to extend the right to access support to victims of persistent and anti-social behaviour in cases where the police choose not to take action. We can have a discussion about why the police may or may not choose to take action, but it seems to me that our duty to put into the Bill a way in which to recognise that these people are victims and that they need support in the victims’ code. This Bill presents us with the opportunity to recognise the victims of persistent anti-social behaviour and to set out their entitlement in the victims’ code.

This is an important matter. While it is possible that this amendment may not be the right way to do it, we need to do what the noble Lord, Lord Russell, has suggested, and work out with the Bill team and the Minister how we can do that in a way that recognises the very serious issues. I was very struck by both the remarks of the noble Baroness, Lady Newlove, and by the comprehensive brief that her office provided for us about this matter. For example, in one case study, 280 incidents of anti-social behaviour were reported over 10 months, including noise, nuisance, anonymous harassment, threats and intimidation—incidents that culminated in a firebomb attack on victims’ property. The continued impact of anti-social behaviour resulted in one victim attempting suicide on two occasions, and victims eventually having to move house due to the trauma that they were experiencing. These are victims and we need to work out how we can best recognise and support them in that.

Victims and Prisoners Bill

Baroness Thornton Excerpts

2nd reading
Monday 18th December 2023 Lords Chamber

[Baroness Thornton (Lab)]

My Lords, my noble friend Lord Ponsonby and I have not mixed up the order in which we are speaking, even if the speakers’ list has. I thank the Minister for introducing the Bill today with such clarity. That greatly helps the House. I also thank the many organisations that have sent briefings, particularly the Library. I look forward to the maiden speech of the noble Lord, Lord Carter.

The level of interest in this Bill suggests that there is no doubt that many people recognise the importance of the Bill and the opportunity it presents. I will focus on victims. Notwithstanding the words of the Minister, as with many matters associated with this Government, we are worried that the lack of grasping the opportunity that the Bill presents is the challenge we face and why so many organisations are so interested and want to make recommendations about how it might be improved. I think we would all agree that the challenge for this Bill is to redress a terrible and historic imbalance. In an adversarial system in which the state investigates and prosecutes the defendant, the judge ensures that he or she has a fair trial and the jury decides their guilt, it is easy for all the agencies to look in the defendant’s direction while the victim, even if a witness, comes and goes as what the academic Professor Paul Rock has called fodder for the system.

It may not be what anyone intends, but it is what happens—and worse, victims’ experience may be callous, careless and deeply scarring. We are currently failing victims, as I think we all agree, and they in turn may increasingly be abandoning the criminal justice system. So this is our long-awaited chance to bring about change.

The recent Victims’ Commissioner, the right honourable Dame Vera Baird KC, summed it up very well in her submission to the victims Bill’s consultation process in June last year, when she said:

“We emphasise that a profound cultural change will be needed from the criminal justice agencies to achieve the expectations and the Government’s aims”.


We can put this right if we focus on what victims have told us they want as a minimum, and ensure that it is delivered and can be done without impacting in the slightest on the fair trial rights of the defendant. So, despite the positive words of the Minister and after all the years waiting for this moment, we think the final product needs to be better than this, and it is our job to make it so. This was in the Conservative manifesto in 2015, so we know that we have been a long time waiting.

We need to improve support for victims who are leaving the justice system through its lack of regard for them and endless delay. People cannot move on with their lives while locked into the 65,000-long case backlog in the Crown Court—a backlog higher than at the end of the pandemic. The latest survey from the Office of the Victims’ Commissioner is a disheartening read—71% of victims were dissatisfied with the police response to their crime and only 28% believed it had been taken seriously. A tiny 6% agreed that victims were fully supported by the Crown Prosecution Service and only 8% that they were fully supported by the courts. Even more worrying, a full third—34%—of victims said they would not even report a crime to the police after their previous experience

The thing is that victims are not asking for much. Like all of us, they want a competent, speedy justice system. Vital to them are the delivery of simple procedural justice; being given a voice about what happened to them; and sensitivity to their interests and needs. Victims’ needs and interests are well-identified in the victims’ code of practice, which sets out the minimum standards of service required from criminal justice agencies and was introduced by the Labour Government in the Domestic Violence, Crime and Victims Act of 2004. The code has been updated since then; the problem is that it is simply not implemented.

There are plenty of instances we will all hear about in this debate of where things have gone wrong and victims have found themselves put into terrible positions, both before and in our courts. The Office of the Victims’ Commissioner’s most recent survey shows that only 29% of victims had ever heard of the victims’ code, despite their journey through the very agencies required to deliver on it—that is an identical figure to the one in 2021.

We agree with the Justice Select Committee that, while putting the code on a statutory basis, which the Bill does, is important, it will not, of itself, make it effective. That PCCs will have to collect data on compliance is welcome, although accurate compatible data has proved difficult to find and PCCs have no means to enforce collaboration. If we give somebody a right, in this case the victims, we must give them a means of enforcing it and a remedy for its breach. Local victims’ champions in PCC offices might play a key role in prioritising the right in the currency of the case and dealing with complaints in default. The Government frequently say that they are increasing sentences of one kind or another to put victims at the heart of the criminal justice system, but these simple rights will not actually help the victims if the victims’ code is not enacted.

This is what the Justice Select Committee said:

“The Government has committed to enshrining the rights of victims in law. We find that the draft Bill does not appear to do any more to achieve this than is already provided for in existing legislation. The draft Bill includes overarching principles that are weaker than those consulted on and which, as currently drafted, will do little to improve agencies’ compliance with the victims’ code”.


So one of our main jobs is to ensure enactment and implementation of the victims’ code.

There are other issues that we will look for and raise during the course of the Bill’s passage which we hope will strengthen it. We want to look at free legal advocates for rape victims—a statutory right to free legal representation for the protection of the rights of rape victims. Protection for third-party material of rape complainants is proposed. That would mirror the PCSC Act for the contents of phones.

We need to test excluding pre-trial therapy notes being used in a sex case at all unless a judge, after a fully contested application, agrees to their relevance. It is a major deterrent to women taking a case forward when they are told that what they have said to their therapist may have to be revealed. The Minister is aware of this matter. I think we will have some useful discussions in Committee about that.

We wish to include victims of anti-social behaviour in the definition of “victims”. We want to consider the commissioning of specialist women’s community-based domestic abuse and sexual violence support services. We agree with Barnardo’s and the NSPCC about putting children at the heart of our considerations, particularly on the inclusion of child criminal exploitation and supporting children throughout any of these proceedings.

We think it is important to enshrine a duty to co-operate with the Commissioner for Victims and Witnesses. We want that to be included in the Bill.

Finally, there is the issue of migrant domestic abuse victims with no recourse to public funds and without a firewall against immigration controls. They are entitled to criminal justice support if they are victims and should not be treated as suspects; that seems an important matter of injustice that we have to address.

I very much look forward to working with my noble friend Lord Ponsonby on this important Bill, with the Minister and other noble Lords, and I very much look forward to the rest of today’s debate.