Victims Strategy

Edward Argar Excerpts

Thursday 11th October 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

I beg to move,

That this House has considered the Victims Strategy.

It is a pleasure to open today’s debate on the victims strategy, which is of importance to Members on both sides of the House and to our constituents. Today’s debate follows on from the launch of the first ever cross-Government victims strategy by my right hon. Friend the Secretary of State for Justice and myself on 10 September. The strategy has been well received, and I want to take this opportunity to thank my officials; partners in the Crown Prosecution Service and the police, and especially police and crime commissioner Vera Baird; members of the victims’ panel; Government colleagues, particularly the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), as well as my predecessor, my hon. Friend the Member for Bracknell (Dr Lee), and my hon. and learned Friend the Solicitor General; groups who support victims; and particularly victims themselves, who have bravely shared their experiences and made a huge contribution to this strategy.

In that vein, I also want to thank the shadow Minister, the hon. Member for Ashfield (Gloria De Piero), for her constructive engagement. While we may differ on some details, and rightly in her role she may—and, I sense, will—challenge me on particular aspects, her sincere commitment to improve support for the victims of crime is evident and consistent.

The strategy reflects this Government’s and this Prime Minister’s clear commitment to better support the victims of crime, building on progress so far. Someone who is a victim of crime should not become a victim of the process that follows. Our legal and justice system is quite rightly admired around the world, but we must ensure that it continues to evolve, to reflect the evolving nature of crime and the needs of victims. Our vision is of a justice system that supports more victims to speak up with the certainty that they will be understood, protected and, above all else, supported, regardless of their circumstances or background.

I make no apology for the lengthy list of those whom I thanked and paid tribute to a few moments ago for their work in this area, because that list—I could have included many others—reflects the fact that the key to delivering our vision and what victims want and need lies in working together.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

The Minister is sensibly outlining the fact that this is a cross-departmental and, to a certain extent, cross-party issue. Will he also acknowledge the importance of rehabilitation of offenders and encourage his Department to ramp up its work in that regard? If there is greater rehabilitation, there will be fewer victims in the first place and fewer offenders reoffending.

[Edward Argar]

My hon. Friend is absolutely right. I know that he has taken a consistent interest in that issue both as a Member and in his distinguished legal career prior to being elected to this place. He is right that this strategy is about providing support for the victims of crime, but ideally we must continue to focus on reducing the number of victims. This Government are very clear in the measures they are taking to reduce the number of victims of crime through tackling crime, but equally, as he says, rehabilitation is vital, because if we can prevent people from reoffending, we will see fewer victims of crime in the first place.

No single Department, agency, emergency service or other organisation alone can provide the services that victims rightly expect to receive, as shown by the response to major incidents and tragedies, such as the Grenfell fire and terrorist attacks in Manchester and London. Since my appointment four months ago, I have spoken to many victims and survivors, victims’ groups and of course the excellent Victims’ Commissioner, Baroness Newlove. I pay tribute to Baroness Newlove, who has played a huge role in moving this agenda forward since her appointment. She has taken a new role, shaped it, made it her own and achieved a huge amount, and we should all be grateful to her.

I also highlight the role of Members. It is difficult to single out particular ones, but I pay tribute to the work of my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning), who held this role before me many years ago and started off a lot of this work. He is a tireless, vocal and fearless campaigner on these issues, and that should be recognised. I also recognise the work of those who work in the justice system.

Through visits I have undertaken to not just our custodial establishments but women’s centres in the north-west, the Hackney youth offending team and youth courts, I have heard directly exactly how important the victim’s experience is to ensure that justice is delivered and is seen and felt to be delivered. This strategy consolidates years of progress that have been made by Governments of both parties, from the introduction of the first code of practice for victims in 2006, to the appointment of the first Victims’ Commissioner in 2010 and the 2012 publication of “Getting it right for victims and witnesses”. There is a large amount of cross-party consensus on this agenda. That is to the good, and we might wish to see it more often in this House.

Crucially, we are seeking to ensure that we keep pace with the changing nature of crime and the crimes being reported and are better able to deal with the pressures placed on the system. Our criminal justice system must ensure that those who are innocent are acquitted and that those who are guilty are convicted, but it must also work to respect the interests of victims. Victims have told us that they want to be treated fairly, properly and with dignity. They want to have timely, accurate information and communication and to see a joined-up and effective system working for them and ensuring that their journey is as simple as possible. Members will see that the structure of the strategy is no coincidence. I was clear that its structure should reflect the journey of a victim through the criminal justice system, making it clear that we are seeking to place them at the heart of what we are trying to do with this strategy.

We have made significant progress, but recognise that more must and can be done. Through the strategy, we seek to make victims’ entitlements a practical reality, rather than simply well intentioned words on a page. To that end, we have committed to strengthening the code of practice for victims—the victims code—to make sure that it keeps pace with the changing needs of victims and the nature of crime in the 21st century, while making clear to agencies and victims the services they are expected to provide and receive. We will deliver on that commitment by updating and amending the victims code to address its complexity, accessibility and language, and updating the entitlements. We shall consult on the changes in early 2019.

We want to go further, so in our strategy we reaffirm our manifesto commitment to develop proposals and to consult on the detail of a victims law. We will consider strengthening the enforcement of the victims code to ensure that victims receive the services to which they are entitled and, if they do not, better to hold criminal justice agencies to account; strengthening the powers of the Victims, Commissioner, so that that role has a stronger voice for victims and is better able to hold Government to account; and strengthening the role such legislation can play to underpin the consistency and enforceability of standards and the code. I pay tribute to Baroness Brinton, who is already engaged in that work, and to the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) for his work both in his previous role and in this House. We may not always agree on all the details of his proposals, but I look forward with pleasure to continuing to engage with him, as we develop the legislative proposals in the coming months.

In considering the changing nature of crime and victims’ needs, it is right that we address compensation. Although no amount of money can make up for the immense suffering endured by victims of violent crime, it is vital that they receive the help and support they need to rebuild their lives. In the victims strategy, we announced our intention to undertake a full review of the criminal injuries compensation scheme to ensure that it reflects fully the changing nature of crime and that every victim gets the compensation to which they are entitled.

[James Cleverly (Braintree) (Con)]

Will my hon. Friend ensure not only that a compensation scheme reflects the pain and suffering victims have gone through, but that it is pacey and timely? Often, the issue is when the compensation comes through, not just how much it is.

[Edward Argar]

My hon. Friend is right. In many aspects of the treatment of victims by the system, timeliness is hugely important. Although the operation of the scheme is a matter for the Criminal Injuries Compensation Authority, his points about timeliness and pace are well made and noted.

It is important that the review looks not only at the concerns regarding the eligibility rules of the scheme, but at its sustainability, the affordability of any changes to be made and the rules on the timescales for applications. It will also enable the Government to take account of recommendations made by the independent inquiry into child sexual abuse, which is investigating compensation and redress for victims of child sexual abuse. The review is expected to report in 2019 with recommendations for reform.

We have also announced our intention to remove the pre-1979 “same roof rule” from the scheme. We recognise that the rule has unfairly denied compensation for some victims of violence and abuse, who lived with their attacker as members of the same family, and we are committed to abolishing it as quickly as possible. I look forward to introducing proposals in the coming months. I take this opportunity to pay specific tribute to the hon. Member for Rotherham (Sarah Champion). Not only is she an honourable and diligent Member, but she is a brave and dedicated campaigner and a very decent lady. She has cause to be very proud of her work on this issue, as do her constituents.

Alongside the victims strategy and reflecting commitments in it, we have also launched a consultation on establishing an independent public advocate to support those who have been bereaved in public disasters through subsequent inquests and inquiries. Losing a loved one in any circumstances is always deeply distressing, but those who have been bereaved in a public disaster have the additional challenge of navigating the complex and often lengthy investigations into what happened, alongside many other families all struggling to get access to information and to make their voices heard. During this time, as happened to the families bereaved in the Hillsborough stadium disaster, the voices of the bereaved can be lost to the very people responsible for uncovering the truth. We are committed to ensuring that the experiences of the Hillsborough families are not repeated and that the concerns and views of the bereaved are heard. It is the right thing to do.

The independent public advocate will help bereaved families to engage effectively with investigations. They will ensure that bereaved families understand what is happening and why; that they can participate in these investigations, when there is the opportunity to do so; and that those undertaking the investigations understand the views of the bereaved and are able to answer any questions they have. The independent public advocate will help to ensure that the voices of the bereaved are heard. Our consultation, which runs until 3 December, explores the role of the independent public advocate in greater detail, seeking views on when the support will be available, what investigations the role will cover and who will be eligible for support. I wholeheartedly encourage Members to contribute their views to that consultation.

We recognise that support can be fragmented and difficult to navigate and that victims often do not know what is available or where to find help. For many, the experience of being a victim does not stop after a crime has been committed. We are committed to ensuring that victims receive quality support when and where they need it. We are working across Government to develop seamless support for all victims of crime through better agency co-operation and more devolution to police and crime commissioners. In that context, I am particularly pleased with the work being led by Assistant Chief Constable Emma Barnett, who is pulling together cross-agency working groups to make sure that that work is driven forward at pace across all agencies.

In the past, the shadow Minister, the hon. Member for Ashfield, has rightly raised questions about funding. The strategy is for all victims and outlines additional funding of approximately £37 million that is provided for those who report crime and those who, for whatever reason, do not or cannot. It also sets out our plans to bring Government and agency spending on supporting victims—roughly £200 million a year—together for the first time, to improve co-ordination. To do this, we will develop a new delivery model for support services, which will allow us better to co-ordinate and combine funding, in order to increase its impact. There are new services and additional funding, but we also plan to make existing money work better, with our focus less on inputs than on outputs for victims, so that we can improve support and ensure that the money goes to the right people, in the right place at the right time.

As part of the additional funding, we have committed to increasing spending from £31 million to £39 million on improving services for survivors of sexual violence and abuse who seek support from sexual assault centres. We will bring in new funding for advocacy for those affected by domestic homicide, and we are improving the support for families bereaved by murder and manslaughter by replacing current funding arrangements, allowing them access to the widest range of support, based on their needs. We have further committed to improving support for victims of sexual violence. From April 2019, we will award grant funding to rape support services for two years, rather than for one as we do now, offering more stability and certainty to those essential support providers. We will also explore the benefits of full local commissioning of sexual violence support services with police and crime commissioners, who we believe have a key role in responding to the needs of victims in their local area.

We are spending £8 million on interventions to make sure that the right support is available for children who witness domestic abuse. For some children, that trauma can lead to internalisation and normalisation of abuse, and perhaps to repetition. We must do all we can to break the cycle and to end this abhorrent crime.

We will ensure a criminal justice system in which perpetrators are brought to justice, and that intervenes to protect victims before abuse escalates.

We are acutely aware of the importance of listening to and understanding victims’ experiences of domestic abuse, and that is why the Government recently held a consultation on transforming our response to such experiences. We will publish our response later this year, and introduce legislation through the domestic abuse Bill. I am pleased to see sitting beside me the Under-Secretary of State for the Home Department my hon. Friend the Member for Louth and Horncastle. She is my opposite number in the Home Office and is doing amazing work driving forward this agenda. I work closely with her on this issue, along with the Solicitor General.

Victims need support and information so that they remain confident and engaged, and so that they have the tools they need fully to understand and challenge decisions in the justice system. We will improve support after a crime has been reported by introducing better police training on conducting interviews and collecting evidence, and we will trial body-worn cameras to assist in taking victims’ personal statements. That will give greater choice in how victims are heard and reduce the need for statements to be repeated multiple times to multiple people, which involves the added trauma of having to relive the experience once again.

We are committed to increasing the number of intermediaries by a quarter, so that there are more experts to assist victims and witnesses in communicating evidence to the police and courts. Furthermore, we will improve communication with victims by clearly explaining decisions not to prosecute, and the right for them to review Crown Prosecution Service decisions. We reiterate our clear support for the unduly lenient sentence scheme, which is led by my hon. and learned Friend the Solicitor General.

We fully recognise that for some, going to court can be daunting and criminal trials can be complex. We want to minimise the impact on victims of attending court by improving the support available, and responding to their practical needs. We will deliver that by launching new guidance and a toolkit for prosecutors and therapists, to encourage the take-up of pre-trial therapy. We will improve the court environment with new victim-friendly waiting areas, and continue to develop the use of video links that allow vulnerable victims to give evidence away from the defendant and courtroom.

[Sarah Champion (Rotherham) (Lab)]

I know the Government have been trying to roll out video links for a while, but one kickback comes because courts do not have the funds to get the equipment. Will the Minister address that?

[Edward Argar]

We are developing the video link scheme, and one key factor of its development is to ensure that the technology is robust and does the job. That is why we are taking our time to ensure that we get this right and that prosecutors, defendants and judges have confidence in that technology. The scheme will be rolled out to more courts in fairly short order, but the real factor behind the time we are taking is to ensure that we get it right and that trials continue to be robust.

We will expand support for families who have been bereaved by gang violence. The recent spate of gang-related violence, especially in London, has shone a light on the devastation that knife and gun crime can reap on families and communities. Alongside the strong lead taken by the Home Secretary in bringing forward measures to tackle the issue at source, we will introduce new funding for those affected by homicide.

[Huw Merriman (Bexhill and Battle) (Con)]

I congratulate my hon. Friend on the work he is doing on behalf of victims, but may I take him back to the court process? For many victims, the act of sentencing gives them justice, yet in far too many cases the feeling is that the defendant has the upper hand due to the menace that they can display during sentencing or their ability not to attend sentencing and stay in the cells. Has the Minister undertaken any work to find out how such things can be minimised so that defendants do not behave in such a manner?

[Edward Argar]

My hon. Friend is right, and at all stages of the process it is important to minimise additional distress to victims. I understand that judges, quite rightly, control and manage their own court rooms, and they have the power—if they believe it appropriate—to proceed without the defendant being present. That is a matter of judicial discretion, and I have confidence that our world-class judiciary will exercise that discretion appropriately.

Finally, I turn to parole. Earlier this year the Worboys case brought into focus the need for improvements to be made to the way that victims are communicated with and their cases handled. We want to ensure that the system is as transparent as possible, and that victims have a voice in the process. That is why this strategy sets out our plans to reform and simplify the victim contact scheme, to make it easier for victims to opt-in, and to introduce more frequent and better quality communication. We will also improve victim liaison officer training, especially in supporting victims during parole hearings and with the presumption that a victim’s personal statement can be made to the Parole Board if the victim wishes it.

In April the Secretary of State published the “Review of the law, policy and procedure relating to Parole Board decisions.” We have further consulted on the detail for parole decisions to be reconsidered in certain circumstances, and are carefully considering all responses to that review before setting out our next steps later this year. Those steps can, and should, help to ensure that past failings cannot be repeated.

I believe that this strategy is a reflection of how we should seek to see ourselves: as a nation that offers dignity, empathy and compassion to people when they are at their most vulnerable. There is a broad consensus on that across the House, and alongside the vigorous action taken by this Government to reduce crime and the number of victims of crime, this strategy will help to ensure that when someone becomes a victim of crime, the support they need is there. We have already begun to implement that strategy, and I look forward to its delivering on this Government’s, and my personal, commitment to the victims of crime.