Criminal Injuries Compensation Scheme

Cathy Jamieson Excerpts

Wednesday 7th November 2012 Commons Chamber

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

It is an honour to follow my hon. Friend the Member for Hayes and Harlington (John McDonnell), who made a powerful speech.

Last night, as I was thinking about what I would say in the debate, I heard about someone who had been awarded €2,000 in compensation for a delay in the hearing of an appeal in the criminal court, on the basis of his pain and suffering. The award was made to a convicted killer—a man who had been convicted of murdering a young shop worker in the constituency I now represent—and it was made by the European Court of Human Rights. I do not wish to initiate a debate on that issue; I raise the case simply to illustrate why members of the public will not understand why the European Court of Human Rights deems it reasonable to award such a sum to someone who is serving a prison sentence, at a time when the House is considering cutting compensation payments for people who are victims rather than perpetrators of crime.

I have no problem with the idea of making offenders pay. Indeed, I would support anything we could do to ensure that a man who had been awarded that amount of compensation in such circumstances was immediately made to pay it into a fund to help victims of crime, and I hope that Ministers will give serious consideration to such an arrangement.

We have heard some powerful speeches today. For instance, we heard from my right hon. Friend the Member for Oxford East (Mr Smith) about a young man from Glasgow—another shop worker—who had suffered an extremely serious attack. I, too, heard the testimony of that young man. He was not out late at night, on the town; he was simply going home at lunchtime to see his young daughter, and he was the victim of a most horrific crime. He talked about flashbacks. He talked about going out in the street, and, every time he saw someone’s face, imagining that it might be the face of his assailant.

That young man’s message to us was that our job is to cut crime, not to cut compensation to victims. I cannot believe that Members who came to this place to represent their constituents, whatever their party, ever thought that they would not see it as their job to represent the interests of victims first and foremost in such circumstances. I know in my heart of hearts that there are Members on the Government Benches who believe that and who do not want to vote for these measures.

I want to continue in the spirit of my hon. Friend the Member for Hayes and Harlington, so let me stress that there is time to change this. There is time to work on a cross-party basis. We have now been through delegated legislation Committees, and we have had a chance to express our view that this is not an appropriate way forward. There have been Opposition offers to work with others, too. Let us take that opportunity. We must not send the message to the victims of crime that we do not care about or understand their pain and suffering.

On the victims of sexual abuse, there have been many warm words in the past few weeks, but I have to say that I was horrified earlier when we got no answer from the Minister to this question: in what circumstances would a child under the age of 15 who had been sexually abused not automatically be deemed eligible for compensation? I hope the Minister who responds to the debate will make it clear that all such children will be treated as victims, and that compensation will be payable. Anything else would be a disgrace.

I shall conclude in a few moments, as I genuinely want to hear what the Minister has to say. Let me comment on the cost of this scheme, however. Ministers have been at best obfuscating and at worst have, perhaps, used different figures at different times to suit their arguments. We had some clarity today from the former Minister, the hon. Member for Reigate (Mr Blunt), about the real motivation behind the scheme, however. The suggestion that because there is a backlog or legacy of cases to be dealt with, the amount of money allocated to the scheme should be cut does not make sense. The cost of the scheme has been stable over the years. The Government should ensure the legacy cases are cleared, but they should also ensure that future victims of crime do not suffer as a result of the length of time it has taken to resolve the legacy cases.

We do have time to put this right, but we must today send out the message that the entire House—not just one party or some Members—cares about the victims of crime and that it is not going to force through these measures. I know that many on the Government Benches do not agree with them. It is time that they stood up for their constituents now and in the future.

Criminal Justice System

Cathy Jamieson Excerpts

Wednesday 17th October 2012 Westminster Hall

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

It is a pleasure to speak in the debate this afternoon, Mrs Riordan, and I congratulate my hon. Friend the Member for Manchester Central (Tony Lloyd) on securing it. I speak today as a member of the trade union USDAW, the Union of Shop, Distributive and Allied Workers—I draw attention to the Register of Members’ Financial Interests—but also as the former Cabinet Secretary for Justice in the Scottish Parliament for four years. I am proud that I was able to introduce legislation that improved the lot of victims and witnesses in the court system in Scotland, as well as speeding up court processes to stop victims and witnesses from having a lot of their time wasted and to ensure that public money was not wasted in unduly lengthy processes.

Today I want to concentrate on the changes to the criminal injuries compensation scheme. Just before Parliament broke up for the recess, I had the opportunity to present a petition to Parliament signed by thousands of people—mostly, but not all, members of USDAW—who were concerned about that. The process of presenting a parliamentary petition means that it is in formal parliamentary language, which I felt did not really give the flavour or the opportunity to explain what it is like for the victims of crime. That is why I was so keen to speak in this debate.

Earlier today I had the opportunity to hear directly from a number of people who have been victims of crime fairly recently, including a young man who was walking to his place of work to cover the shift of a colleague who had been unable to turn up. He was set upon by three drunken teenagers, hospitalised, ended up in a coma for some days and possibly suffered a stroke. He said that the criminal injuries compensation scheme allowed him “to reset his life”, as he described it. It perhaps did not provide all the compensation mentioned by the hon. Member for Enfield, Southgate (Mr Burrowes), but no one would ever say that monetary compensation is enough in such circumstances. What that young man said was that it had at least given him the opportunity to put right some of the wrongs.

I also heard from another young man from Glasgow, who was going home from his workplace—he works in retail—to see his baby daughter at lunchtime; at 2.40 in the afternoon he was violently attacked and left unconscious and with scars that will last for a lifetime. As he said, it is not only the physical scars, which both he and his family have to deal with, but the emotional scars. Every time he goes out, he sees faces in the crowd who he believes may yet be those same people who attacked him. His clear message to us as parliamentarians is that our focus should be entirely on cutting crime and not on cutting compensation. He laid out clearly that the compensation was not about the finance—he lost more financially, by being off work for a year, than he ever got back in compensation.

I appeal to the Minister, who is new but whose background I know. She is a reasonable person, not to be seen—I am sure she does not want to be—as on the side of the assailants in such circumstances, rather than on the side of the victims. It is a real concern to me that the Government’s proposals would do away with compensation for a huge number of serious injuries—in particular those covered in the lower bandings, bandings 1 to 5. The amounts of compensation for the individuals are relatively small, but the message, the signal sent to the victims, is that the state—society—has recognised their suffering and is prepared to do something about it. I hope that the Minister will listen and that she will bring any proposals back to the Floor of the House for us all to debate in more detail.

Oral Answers to Questions

Cathy Jamieson Excerpts

Tuesday 18th September 2012 Commons Chamber

[Chris Grayling]

I regard the provision of information to victims as one thing that we really need to focus on. I have sat with many victims of crime and their families who have said that one of the biggest frustrations has been not having information about what is going on. I assure my hon. Friend that, although it is early days in the job, that is very much on my mind.

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

I understand why Ministers chose to withdraw proposals on criminal injuries compensation whereby innocent victims of crime would not have been able to make claims, but I do not understand why they also chose not to press ahead with proposals on victims of overseas terrorism. Will the Secretary of State explain that and say when those proposals will be brought back to the House?

[Chris Grayling]

The key issue related to last week’s criminal injuries debate is that I want to ensure that we prepare for the unexpected. I do not see that there is a case for targeting resources at minor injuries that do not have a significant effect on the lives of those affected. I want to concentrate resources on people who suffer life-changing circumstances as a result of crime. However, I want to ensure that we have enough flexibility to deal with unexpected lower-level cases that do not conform with the overall norms of the scheme.

Oral Answers to Questions

Cathy Jamieson Excerpts

Tuesday 29th March 2011 Commons Chamber

[Mr Speaker]

In addition to the pleasure of hearing the Secretary of State’s voice, it would be a joy to have the pleasure of seeing his face as well.

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

Will the Secretary of State explain to the House why the Government have yet to put into practice the provisions of the Crime and Security Act 2010, leaving victims of overseas terrorism such as Will Pike without the compensation that they expected to receive?

[Mr Blunt]

There is a review of the criminal injuries compensation scheme going on, and we intend to address the issue alongside that review and publish our proposals at the same time.

Rape Defendants (Anonymity)

Cathy Jamieson Excerpts

Monday 7th June 2010 Commons Chamber

[Caroline Flint]

My hon. Friend is absolutely right. It is often only publicity about a rape charge that leads other victims to come forward. It is only at that point that they understand that they are not alone—that it is not their fault and they can do something about it.

Let us consider the case of the black-cab driver, John Worboys. When he was arrested for a string of sex attacks in 2008, 85 women came forward to say that they, too, had been attacked by him. Offering attackers the blanket of anonymity will prevent victims from getting the justice they deserve and hinder the police in protecting the public.

However, the real question is this: on what basis do we distinguish rape defendants from those accused of any other serious, violent or sexual offence? What singling out rape defendants says is that rape victims are less reliable, less credible and less trustworthy—that they are to be believed less—than the victims of any other crime. It reinforces the myth that women who report rape are lying, and gives succour to those who peddle the same old lies about women being responsible for being raped.

Let me be clear that no one doubts the damage that false allegations cause—innocent men find their lives turned upside down, police time is wasted and public money is misused, and they insult genuine victims, belittle their suffering and make juries more sceptical than they would otherwise be—but in the most recent and authoritative report, Baroness Stern could find no evidence that the incidence of false allegations was higher in rape cases than in any other crime. A report by the Home Office in 2005 came to the same conclusion. International research in 2007 showed that, even of the very small number of false allegations, in most cases no offender was named—malice was not the motive; it was a cry for help from a distressed woman. Moreover, the law already deals with those who make malicious complaints against others, because making a false allegation perverts the course of justice and those who do it can, and do, receive substantial prison sentences.

Rape is, by its nature, an extremely difficult crime to prove. Most victims are raped by people whom they know. It takes people a tremendous amount of courage—more courage than anyone who has never been raped can ever understand—to tell someone, anyone, let alone the police, that they have been raped.

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

Does my right hon. Friend agree that there are particular issues in relation to young people who have been in the care system in cases of historical abuse and that the Government’s proposal would have a very negative effect on the opportunity for young people to come forward, perhaps at a later date?

[Caroline Flint]

I absolutely agree with my hon. Friend. I commend her for all the work in this area that she has done in Scotland. I very much welcomed the time when, as a Home Office Minister, I worked with her. She is right: more and more these days, we hear of people coming forward later, when they have developed the confidence to do so and to talk to others about the crimes that have been committed against them. Again, the serial nature of the crime that we are talking about is important, because when a crime is reported and people hear the name of the person who has been charged, they feel confident to come forward and stand by the victims in the modern day, rather than just in the past.

If we understand what the evidence actually shows—that women are no more likely falsely to report allegations of rape than any other crime—what possible justification is there for giving those accused of rape anonymity? The only other possible explanation is that the stigma associated with being accused of rape is of an entirely different order to that associated with any other serious, violent or sexual offence, but unless we seriously think that there is less stigma attached to being a paedophile, wife beater or murderer than to a rapist, or that society is more understanding of those who sexually abuse children or kill in cold blood, we cannot have anonymity in rape cases without granting anonymity across the board. That principle is totally alien to our system of open, transparent justice, where anonymity is granted only when there are overwhelming, compelling reasons to do so.

I understand that the coalition may be shifting on this matter—I would welcome that—and that it is perhaps considering limiting anonymity to defendants between arrest and charge. That may be worth looking at, but only if the same rule is applied to defendants in all violent crimes, not just rape.