Damian Green
Main Page: Damian Green (Conservative - Ashford)Department Debates - View all Damian Green's debates with the Ministry of Justice
(10 years, 6 months ago)
Commons Chamber8. What recent steps he has taken to support victims of crime.
The Government are giving more support to victims, and giving them a louder voice in the criminal justice system. We have introduced a new victims code, which gives victims more help throughout the criminal justice process. We are also exploring ways of reducing the distress caused to victims of sexual violence by cross-examination in court, and we aim to provide up to £100 million—more money than ever before—to help victims to cope and recover from crime.
My right hon. Friend is aware of my long-standing support for victims of crime. He is also aware that my constituent Marie Heath lost her job because she had to take time off work to attend the trial of criminals who murdered her son in Frankfurt. Does he agree that employers should show sympathy to employees who are bereaved in such horrific cases?
The whole House will sympathise with my hon. Friend’s view, and, in particular, with her constituent Marie Heath. The Government fund a national homicide service which supports bereaved people by, for instance, giving them access to support and guidance, helping them to explain their position to their employers, and enabling them to gain access to legal advice.
The extent to which sexual attacks and exploitation affect the way in which victims give evidence in court is poorly understood, and the difficulties that such people experience when giving evidence are often used to undermine them and their credibility as witnesses. The wider use of registered intermediaries would help to ensure that the evidence of the best possible quality was obtained during cross-examination. I know that the Minister is very supportive of that idea, but what is his view of the barriers that still prevent the use of registered intermediaries?
There are certainly no barriers as far as I am concerned. I entirely agree with the hon. Lady about the importance of registered intermediaries. As she knows, as well as introducing a victims code, we are taking other steps to help particularly vulnerable victims of the type that she has described, which include the introduction of changes in the way in which they can give evidence. In some cases video evidence can be used, and we are consulting on how to surmount the problems posed by the multiple cross-examination of vulnerable witnesses in other cases. Obviously, we will continue that work.
One of the Government’s objectives is to ensure that victims receive much more compensation and restoration from offenders themselves. What progress is being made in that regard?
I am pleased to report to my hon. Friend that we are making significant progress. Increased use of the victim surcharge means that more money is available for victims’ services than ever before, and we hope in time to double the amount that is currently available from £50 million to £100 million. I am sure that the whole House will welcome the fact that the extra money will come from offenders themselves.
As the Minister will know, those who deal with victims of domestic violence fear that the services they currently receive will not be maintained when police commissioners take over the provision of support for victims, and those in areas such as Warrington still do not know how much money will be provided in April. Is he prepared to give the House a commitment that support for those very vulnerable victims will be maintained?
Obviously that will be a decision for individual police and crime commissioners, but they will all be very aware of the need to help, in particular, the most vulnerable victims. As I have said, not only will the total budget available be greater than ever before—[Interruption.] The hon. Lady says that I am not deciding how the budget is distributed. No, I am not: the decision is being made by elected people at local level, and I think that that is more likely to provide locally sensitive and tailored services than a decision made by someone sitting in London.
Local commissioning of victim support will start in October. Will the Minister reject the proposal to base the funding on population rather than on the number of victims, so that police authority areas such as Cleveland do not lose out?
I do not agree with my hon. Friend. In particular, I do not agree with his suggestion that his area will lose out. The fact is that every area in the country will receive more money under our proposed system than it was receiving under the previous system, so no one will lose out.
Does the Minister agree that victims of assaults, especially serious assaults, should be warned when the offenders are due to leave prison? If he does agree, will he tell me what he is doing to ensure that that happens?
I do agree with the hon. Gentleman, and the system is there to enable that to happen. However, if he can cite individual cases in which it is not happening, I urge him to write to me, and I will investigate.
12. What assessment he has made of options for reform of real property boundary disputes; and if he will make a statement.
15. What effect he expects the victims code to have on the experience of victims in the criminal justice system.
The victims code will have a positive effect on the experience of victims in the criminal justice system. The new code gives victims clearer entitlements; a louder voice, including a right to read a victim personal statement aloud; enhanced entitlements for victims of the most serious crime, and vulnerable or intimidated and persistently targeted victims; and a more effective means of redress.
I thank my right hon. Friend for that answer. How will he make sure restorative justice measures are truly victim-led and that those who wish to seek restorative justice at a stage later than the sentencing process will be able to do so easily?
I am happy to tell my hon. Friend that of the money the police and crime commissioners will be using, up to £18 million is specifically ring-fenced for restorative justice services. That funding will help us to ensure that restorative justice is available at all stages of the process so that victims can make properly informed decisions about whether they want to participate in restorative justice at the point in the process that best serves their needs.
What assessment has the Minister’s Department made of how the victims code will support the victims of human trafficking?
The new victims code provides an enhanced service for victims of the most serious crime and that includes victims of human trafficking. This will enable them to have quicker updates on the status of their case and to have referral to pre-trial therapy and counselling, which is often appropriate in those cases.
The Minister must have seen in the national newspapers this morning the incidents of alleged rape and how in some parts of the country there is very poor follow-up of these allegations. Will his victims code help those women who have been raped and then find that the police do not take their case seriously enough?
I agree that the point made in this morning’s reports is very serious, and I can assure the House that it is not just the victims code that will help. We have written to PCCs and chief constables encouraging them to use these recently issued data in conjunction with the data on referrals to the Crown Prosecution Service to improve all forces’ response to rape. We have also involved the Director of Public Prosecutions in setting up a scrutiny panel to look at how forces deal with rape in certain areas.
The criminal investigation into the Hillsborough disaster is still ongoing, but a very great number of people undoubtedly suffered, as we saw on last night’s “Newsnight”—I hope the Minister and Secretary of State will watch it if they have not already done so—when the survivors told their harrowing stories. May I simply ask the Minister to confirm that his Department will make available all support necessary to bring them justice as soon as possible?
When the hon. Lady refers to my Department, I should point out that it is the Home Office, where I also have a responsibility, that leads on Hillsborough. We are absolutely determined to do what she says through the Independent Police Complaints Commission investigation, which is ongoing, and the coroner’s action, which is due to start next month. I know the families are very much looking forward to those as a way of getting to the truth.
16. What his policy is on the tendering of shared services; and if he will make a statement.
T10. The Secretary of State may recall that some years ago the police used a method called “trawling”, which became discredited, in order to find evidence about allegations against teachers and social workers. That destroyed many innocent people’s lives through false allegations of abuse. I understand that Operation Pallial is using trawling again, and many other hard-working social workers and educationists are being put in limbo and having their lives ruined.
I will happily discuss that issue with the National Crime Agency, which is in overall charge of that area, and will write to the hon. Gentleman with the results of my investigation.
T6. Does the Secretary of State agree that prisoners released on licence who reoffend or breach the terms of their licence should serve the remaining part of their original sentence in prison in full? If he agrees, what is he doing to ensure that that always happens? If he does not agree, why not?
T9. My right hon. Friend the Minister of State knows my interest and that of other colleagues in the reform of the criminal law of child neglect. Will he update the House on the progress he is making with regard to reviewing that particular provision of the Children and Young Persons Act 2008?
My hon. Friend is correct that this is an important area in which I have had fruitful discussions with Action for Children about the best way to make progress, and I hope to be able to report further on those discussions shortly.
Why is the Legal Aid Agency expanding the public defender service and recruiting barristers when reports from as far back as 2007 have found that it is between 40% and 90% more expensive than the independent professions? Furthermore, it cannot act in cases of conflict.
The House will be disturbed to learn today that since the CPS guidance on rape was amended in 2011 the number of people charged with rape over that period has fallen by 14%. There is concern that cases are being dismissed that could be successfully prosecuted. What will the Secretary of State do to ensure that the CPS has the appropriate resources to ensure that no victim of rape in this country is let down?
I am sure that the hon. Lady heard the answer I gave a few moments ago about the action we are taking with the Director of Public Prosecutions, police and crime commissioners and chief constables to look beneath the detail of that and ensure that all proper cases are referred. I am happy that the facts do not bear out her accusation that this is anything to do with resources, as in nine police areas the number of referrals has gone up over the two years since the new guidelines came in.
The maximum sentence for causing death when driving disqualified, uninsured and drunk is only two years and because of the rules of custodial sentences, the actual sentence served is only eight months. Does my hon. Friend agree that that only increases the sense of injustice felt by my constituent Mandy Stock, whose husband was killed in that way in Tredworth, Gloucester?