Victims and Prisoners Bill (Thirteenth sitting)
Edward Argar ExcerptsTuesday 11th July 2023
(1 year, 5 months ago)
Public Bill CommitteesRead Full debate Victims and Prisoners Act 2024 View all Victims and Prisoners Act 2024 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 11 July 2023 - (11 Jul 2023)
Ellie Reeves
That is absolutely right. Not only do the measures give a false hope, but they will cause a huge amount of delay in the system before those primary decisions are ever arrived at. That is incredibly detrimental to victims.
The Ministry of Justice’s impact assessment supports the view of the London Victims’ Commissioner. Its estimates suggest that 75 cases a year will, after a lengthy process, result in the Secretary of State’s decision being overturned and the prisoner released. That does not suggest that clauses 35 and 36 will give victims more confidence in the justice system. In fact, the opposite is likely. As the solicitor Andrew Sperling outlined in his evidence to the Justice Committee, that is because the reforms would create a three-tier system of Parole Board, Secretary of State and upper tribunal. He said:
“What you have here is a system being set up that says that there needs to be a three-tier system, and that the Parole Board should not be capable of making decisions in the most serious cases.”
As the Law Society outlined in its written evidence, delays could have the result that
“fewer prisoners serving fixed sentences will be released on licence, instead being released automatically when their sentences end”.
That would create a public safety concern, as prisoners would return to the community without probation supervision, which would be concerning for victims and at odds with what the Bill is supposed to be about, as well as putting the public at risk. New clauses 22 and 23 would prevent those issues from arising, as they would create a more truncated route to a final release decision. Under our proposals, the Court of Appeal would make the final decision, rather than the Secretary of State, with the prisoner then having the right to appeal.
It is worth noting that in 2019 a reconsideration mechanism was introduced that allows parties to a Parole Board case to challenge a release decision. As Martin Jones, the Parole Board chief executive, outlined in an evidence session of the Justice Committee on the Bill, since the mechanism was introduced the Secretary of State has made 50 applications of reconsideration. Mr Jones said that
“in the last four years, the Secretary of State has been concerned about 50 of our decisions, of which, following reconsideration by a judge of the Parole Board, 12 have subsequently been set aside and then reheard.”
He went on to tell the Select Committee that, under the new proposals,
“20% of top-tier decisions may subsequently be set aside by the Secretary of State. That is in stark contrast to the fact that over the last four years, they have sought reconsideration for only 50 decisions. I am not sure how you jump from doing 12 a year to seeking to set aside hundreds of our decisions each year.”
I am aware that the Justice Secretary recently used the mechanism to request a reconsideration of the decision to release Colin Pitchfork, which I welcome, but new clauses 35 and 36 will seemingly make the mechanism irrelevant. New clauses 22 and 23 would complement the mechanism and provide another important check on Parole Board decisions by the Court of Appeal.
Finally, the Prison Reform Trust and a number of other stakeholders outlined in their written evidence that clauses 35 and 36 could lead to poorer, less transparent decision-making. We do not know what criteria the Justice Secretary will follow in exercising the new power. We do not know whether it will be exercised directly by the Secretary of State or under authority delegated to an official. If a prisoner released without the Secretary of State exercising their veto goes on to commit a serious further offence, we do not know whether the Secretary of State or their officials will be subject to the serious further offence review process or held accountable for any errors.
That brings us back to the point made by nearly every stakeholder providing evidence on part 3: why is the Secretary of State better placed to make a release decision than the Parole Board, which has heard the evidence and whose job it is to do this professionally? The reforms will risk poorer decision-making. At the moment the buck stops with the Parole Board, but, if it knew that the final decision rested with the Secretary of State, that could drive down parole decisions, conversely leaving the public less safe. As Caroline Corby, the chair of the Parole Board, stated when she gave evidence to the Justice Committee, the clauses
“could have an unintended consequence of making it more difficult for us to recruit judicial members,”
as the role could be seen as downgraded. That could risk the board losing such valuable expertise. Our new clauses would ameliorate those issues.
For all those reasons, I strongly urge the Government to look at their proposals again. They have attracted widespread concern and will undermine the separation of powers, risk the politicisation of police decisions and cost vast sums to implement. They could cause victims more harm and leave the public less safe. New clauses 22 and 23 would give the Secretary of State the power to appeal against a Parole Board decision in cases where they think that the decision is wrong, ensuring that another check is in place. Victims would also be empowered to ask the Secretary of State to appeal to the Court of Appeal. The amendments and new clauses would expand the top tier of cases, increasing victims’ rights and ensuring that some of the worst crimes are treated with the seriousness that they deserve. I hope that the Government will consider that carefully, and look again at their proposals.
The Minister of State, Ministry of Justice (Edward Argar)
It is a pleasure to serve under your chairmanship on a Bill Committee once again, Mrs Murray. I am grateful to the shadow Minister for her amendments, which would add sexual offences against a child, sexual offences against those with mental disorders and manslaughter to the list of offences to which the ministerial decision-making power would apply.
To remind the Committee, the ministerial decision power in clauses 35 and 36 imposes a new safeguard—a check and balance—on the release of the most serious offenders in the top tier. It will allow the Secretary of State to intervene on behalf of the public and take a second look at the release decision. I recognise, as I am sure Members on both sides do, that all crimes are serious, especially to their victims, and the top tier in the Bill is not an exhaustive list of serious crimes. Sexual offences committed against children and those with mental disorders cause long-lasting harm to their victims. Those who commit manslaughter have caused immeasurable grief to their victims’ families. The impact of these offences cannot be understated, and the entire parole system needs to be robust in protecting the public from those who commit such grave offences.
The Parole Board does its difficult job well and has a very good track record of assessing risk. Over 99% of offenders directed for release do not go on to commit a serious further offence. It is clear that in the overwhelming majority of cases the Parole Board gets it right. However, the root and branch review of the parole system, published in March 2022, found that a small number of cases have demonstrated the need for an additional safeguard. Some offenders present a heightened risk to the public due to the nature of their crimes, and their release should be approached with even greater caution. They are murderers, rapists, the most serious terrorists and those who have caused or allowed the death of a child.
The top tier cohort has been carefully chosen to capture these offences, and we do not think it is proportionate to widen the cohort of offenders to which the power applies beyond these four offence types. These are the cases that the root and branch review deemed to carry the greatest risk to the public, and they are the cases that most greatly affect public confidence in the justice system.
New clauses 22 and 23 would seek to replace the ministerial decision-making power with a new power to allow the Secretary of State to instead refer a case directly to the Court of Appeal for review, which would determine whether the prisoner was safe to release. The new clause introduces a statutory right for victims in the referral process, expands the offences included in the top tier, and removes the power for the Parole Board to be able to refer cases directly without making a decision. I will come on to these changes in turn, but let me first say that the principle behind the new powers in the Bill is that the most serious offenders should be subject to additional scrutiny before they are released, in order to reinforce our focus on public protection and bolster public confidence. While I recognise our differences in approach, I believe there is a degree of agreement across both sides on that underlying principle.
I turn to the principal difference in the new clause. Let me begin by explaining the different approaches. Clauses 35 and 36 would allow the Secretary of State to call in a top tier case to retake a release decision, with an onward route of appeal to the upper tribunal. We will come on to this route of appeal and its destination in later clauses. The new clause would instead provide a new power for the Secretary of State to refer a top tier case directly to the Court of Appeal, instead of making a decision themselves.
On the principle of whether it is right that Ministers themselves should directly take decisions, I believe that the public rightly expect a role for Ministers when it comes to the release of the most serious offenders. Keeping the public safe is the Government’s first duty, and it is not unreasonable for Ministers to act as an additional safeguard—as a check and balance in the system. That is why the approach in the Bill is for Ministers to apply the additional safeguard themselves, with an onward route of appeal.
The new clause would introduce a new statutory role for victims in the referral process, by creating a power for them to apply to the Secretary of State to request that the prisoner’s case is referred to the Court of Appeal. Within 30 days, the Secretary of State would be required to either refer the case to the Court of Appeal or provide a written statement explaining to the victim why they have decided not to exercise that power. I understand the concern that victims often feel about the potential release of an offender, and as we implement the reforms in the Bill we will ensure that they are able to make their voices heard as part of the process.
Let me give an example of how we already do this in our existing processes. Under the pre-existing reconsideration mechanism, victims are able to submit a request to the Secretary of State asking them to apply to the Parole Board for a decision to be reconsidered. HM Prison and Probation Service will respond on behalf of the Secretary of State to each victim to confirm whether an application for reconsideration has or has not been made, with an explanation of why. This is an operational process, rather than one set out in primary legislation. I am grateful to the shadow Minister for highlighting the need to ensure that we build the right processes and support for victims into whatever new ministerial or other decision-making model is in place, but I do not consider it necessary to set that out in primary legislation.
Jess Phillips (Birmingham, Yardley) (Lab)
I wonder whether, potentially before Report, the breakdown of the number of killings of women in their homes deemed to be manslaughter, rather than murder, could be provided to the Committee. Is there an impact assessment that we could see on the disproportionate use of manslaughter charges in cases such as domestic homicide?
I am afraid to say there are lots of problems with the way that we tier crimes. For example, if a person murders someone in their own home, the starting tariff is 15 years; if a person murders somebody with a knife they have taken out of the house, the starting tariff in our country is 25 years. At the moment, 70% of women who are killed are killed in their homes. With this Bill, we should not be creating another two-tier system in which the killing of women simply is not as important.
Edward Argar
I am grateful to the hon. Lady, but I do not think anyone is suggesting what she suggested in her final sentence. She is right to highlight the tariff difference, which is reflective of something that Parliament decided it wished to do, recognising that it would create a disparity in the tariffs, in the light of the Kinsella murder. Parliament was cognisant of that. Whether that should be looked at is a perfectly reasonable point. In that context, I pay tribute—as I know the hon. Lady would—to the Goulds and Deveys for the campaign they are undertaking on the issue, and to the Killed Women campaign more broadly. Wherever this lands, they are provoking an important public debate on this very important issue and the disparity between whether a knife is taken to the scene of a crime in a public place or is already there.
I will be cautious on the hon. Lady’s specific question about the statistics, because I do not know whether that level of granularity is available, but I will take that away and look. If the data is recorded in a way that answers her question and is publicly available, I will be happy to share it with her.
Finally, the new clause would remove the discretionary referral power, which would allow the Parole Board to send a case directly to the Secretary of State without taking a first-instance decision or, in this instance, directly to the Court of Appeal. The intention behind this route of referral is to allow the Parole Board to refer a case where, for whatever reason, it is unable adequately to make an assessment of risk and so cannot make a robust decision. I recognise that the Justice Committee, as referred to by the hon. Member for Lewisham West and Penge, has also raised concerns about this route of referral, and we are carefully considering the issues raised and the broader point of the Justice Committee in its very swift—for which we are grateful, and I know the Lord Chancellor is grateful—one-off inquiry into part 3 of the Bill.
In subsequent debates, I will outline what we believe is the most appropriate route of referral and why we do not believe that the Court of Appeal is the right route. We believe that that remains the upper tribunal, but that is addressed specifically in subsequent amendments and clauses. I am grateful to the shadow Minister for her amendments and new clauses, but I am afraid that at this stage we must resist them.
Ellie Reeves
I am particularly disappointed that the Minister does not seem amenable to expanding the top tier, particularly to include those serving sentences for manslaughter. My hon. Friend the Member for Birmingham, Yardley set out very clearly why that is so important. As I said in my speech, so many men who kill their partners or ex-partners are in prison for manslaughter rather than murder, and it sends completely the wrong signal.
I am disappointed that the Government are not minded to accept our amendments. I will not push them or the new clauses to a vote, but I hope that the Minister and the Justice Secretary will reflect on the points we have made as the Bill progresses. I beg to ask leave the withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Edward Argar
Clause 35 reflects the views of the root-and-branch review by amending the Crime (Sentences) Act 1997 to create a top tier cohort of indeterminate-sentenced offenders who have committed some of the most serious crimes and whose release from prison will be subject to additional safeguards. In the same way, clause 36 amends the Criminal Justice Act 2003 to create a top tier cohort of fixed-term offenders. As the clause applies to offenders serving determinate sentences, murder is not included in the list of offences for referral, as life sentences are mandatory in all murder cases in any event. The top tier therefore consists of offenders serving sentences for murder, rape, certain terrorism offences, or causing or allowing the death of a child—again, as I have alluded to, this reflects the root-and-branch review’s approach.
The clauses contain a new power for the Secretary of State for Justice to intervene in the release of the most serious offenders, providing for a second check by taking or retaking release decisions. Once a prisoner has been referred to the Parole Board to decide whether they are safe to be released, there are two routes by which such decisions may come before the Secretary of State. First, the clauses contain a provision that will allow the members of the Parole Board to refer a top tier release decision to the Secretary of State, instead of making a decision themselves. They can do so for any reason that they consider appropriate, including if, for whatever reason, they are unable to adequately assess risk in a particular case. The Secretary of State would then make a decision about release for that offender. We expect that this power will be used in very rare cases only.
Jess Phillips
I welcome the fact that the Minister thinks the power will be used only in very rare cases. When assessing the risk, what will the Secretary of State have that the Parole Board does not have? Is the Secretary of State imbibed with some great risk-assessment power that the Parole Board and all the people on it are not?
Edward Argar
The Secretary of State will have information from the Parole Board and the Parole Board’s view but, ultimately, we believe it is right that the Secretary of State is accountable to the public in such cases. We therefore believe that that is the appropriate route by which someone who is accountable, and to whom I suspect the public would look in the most serious cases, can ensure public protection where the Parole Board feels that it is unable to do so.
Jess Phillips
I will not trouble the Committee too much longer. I am not sure that a public mandate allows me, as somebody elected by the people, to be somebody with expertise in risk management. I am, but that is nothing to do with the mandate that I got from the good people of Birmingham, Yardley. What I am trying to get at is that few people in this place have done more than the Secretary of State for Justice to remind people about the separation of powers between the judiciary and Parliament. Few people are greater advocates of that than our current Lord Chancellor, and I wonder why we are now leaning on a public mandate to assess risk, rather than on what we have always done before.
Edward Argar
The shadow Minister says “what we have always done before”, but the powers and the approach—the so-called separation of powers—are relatively new, and I believe came in under the last Labour Government. If I recall correctly, the Home Secretary under previous Conservative Governments in the ’80s and ’90s had a number of the relevant powers. I take her point, but it is not how this has always been done; it is a relatively new innovation—that is not to say it is a bad one, but I would exercise a degree of caution about whether it is from time immemorial. We have the principle of a separation of powers, of course, but in this space, historically, there has always been a lack of clear delineation—for want of a better expression—in such matters.
Clauses 35 and 36 also allow the Secretary of State to call in a top tier case if the Parole Board has directed release. Around 1,900 top tier cases come before the Parole Board each year and, on average, the board directs release for about 650 of those offenders. In any top tier cases in which release has been directed, the Secretary of State may decide to call in the case and, by doing so, quash the decision of the Parole Board. The Secretary of State will then retake the decision as to whether that offender should be released. If a case is not called in, the decision of the Parole Board stands and the Secretary of State is required to give effect to that release decision as soon as reasonably practicable in the circumstances.
For either of the two routes, the Secretary of State will make a decision about whether the offender is safe to be released by applying the full release test, as set out in clauses 32 and 33, based on all the evidence and advice before them. If the Secretary of State decides that the offender should remain in prison, they must notify the prisoner of the reasoning behind their decision and of the prisoner’s right to appeal. We will turn to that right of appeal in the debates on later clauses.
The new power provides an additional safeguard to the release of the most serious offenders, an issue that particularly affects public confidence in the parole process. Victims are often anxious about whether a prisoner who caused them harm is released, out of concern not only for themselves and their families but for the wider public. Allowing the Secretary of State to apply an additional check and balance to such decisions will help to ensure that those who present the highest risk to the public remain in prison.
The board will continue to risk assess offenders in the same way that it does now, independently of the Government, and will continue to make the final decision about release for most parole-eligible offenders. The board does that difficult job well in the vast majority of cases. However, in the few cases where it is necessary, clauses 35 and 36 will allow the Secretary of State to intervene to provide additional scrutiny to release decisions and to further bolster public confidence in the system.
Ellie Reeves
When discussing new clauses 22 and 23, I spoke at length about why I do not think that clauses 35 and 36 are the right approach. I will not repeat those concerns; they are on the record already. I will simply add to them by quoting from the speech of the former Conservative Prime Minister Sir John Major to the Prison Reform Trust:
“In the thousands of decisions to be made each year, there is no way that Ministers could possibly match the experience and knowledge of the 350 Parole Board members.”
I listened to what the Minister had to say but I am not reassured. He talked about the Secretary of State providing a check. Under our proposals for an appeal to the Court of Appeal, there would be referrals, so there would still be a role for the Secretary of State, but the referral would be to the Court of Appeal, which we think is a far more sensible and proportionate response. I hope that the Minister has listened to the concerns expressed right across the political spectrum and that he will reflect on them as the Bill makes progress.
Edward Argar
I am grateful, as ever, to the shadow Minister for her tone and approach. I do not want her to feel left out as we have already debated parts 1 and 2—I am always happy to work with her, too, over the course of the summer. She is very welcome, along with the hon. Member for Rotherham, the hon. Member for Garston and Halewood and other shadow Ministers, to meet me over the summer, along with the Minister of State, Ministry of Justice, my right hon. Friend the Member for East Hampshire (Damian Hinds), who is the policy Minister for this part of the Bill. I commend clauses 35 and 36 to the Committee.
Question put and agreed to.
Clause 35 accordingly ordered to stand part of the Bill.
Clause 36 ordered to stand part of the Bill.
Clause 37
Procedure on referral of release decisions
Question proposed, That the clause stand part of the Bill.
Edward Argar
Before I start, I should make a correction: I think I just inadvertently took away membership of the Privy Council from the right hon. Member for Garston and Halewood. I restore it swiftly, with an apology.
Clause 37 will insert a new section into the Criminal Justice Act 2003, setting out what the Secretary of State must consider as part of their decision making on referral of a case from the Parole Board to them, and allowing the Secretary of State to take any evidence necessary for decision making.
Section 239 of the Criminal Justice Act 2003 sets out the requirements of the board in considering an offender’s case, including that it must consider all documents put before it by the Secretary of State, as well as any other evidence obtained, and that, if it deems it necessary to make the decision, it can interview the prisoner. Clause 37 would ensure that the same procedural requirements are replicated for the Secretary of State, including that he or she must consider all the evidence that was before the Parole Board in reaching a decision. The Secretary of State may also make their own findings of fact as appropriate.
The clause also provides for the Secretary of State to make rules on the procedure to be followed by the Secretary of State when making release decisions, akin to the Parole Board rules, which are made in secondary legislation and govern the proceedings of the Parole Board. That means that, post the commencement of the legislation, there will be a robust and clear legislative procedure in place for the exercise of the Secretary of State’s power to provide an additional check on the release decisions of the most serious offenders.
Ellie Reeves
Clause 37 will allow the Secretary of State to make their own findings of fact, without being bound by previous findings of the Parole Board. The clause also sets out what evidence the Secretary of State must consider in reaching their decision. I have already set out at some length, when speaking on proposed new clauses 22 and 23, why I consider the Secretary of State to be the wrong person to make parole decisions. I will not repeat those concerns, as they are already on the record.
It is clear that under clause 37 the Justice Secretary, unlike the Parole Board, will not have had the benefit of interviewing the prisoner before making a decision about their parole. They could authorise someone to conduct an interview on their behalf, but are not compelled to do so. It is difficult to see how, when the Parole Board has interviewed the prisoner, often for many hours, the Secretary of State, who has not interviewed them, would be in a better position to make an assessment of risk, as the Chair of the Justice Committee made clear on Second Reading:
“I do not think the Secretary of State would normally feel happy acting on hearsay in such circumstances, because at the end of the day it is second-hand evidence and he would have to substitute his judgment for that of those who had heard first-hand evidence.”—[Official Report, 15 May 2023; Vol. 732, c. 603.]
That further brings into question whether the Secretary of State is the right person to make parole decisions. I hope the Minister will reflect on that as the Bill progresses.
Edward Argar
I always reflect very carefully on all points made to me by the shadow Minister.
Question put and agreed to.
Clause 37 accordingly ordered to stand part of the Bill.
Clause 38
Appeal to Upper Tribunal of decisions on referral: life prisoners
Ellie Reeves
I beg to move amendment 99, in clause 38, page 37, line 18, leave out “Upper Tribunal” and insert “criminal division of the Court of Appeal”.
Edward Argar
I am grateful to the hon. Lady for her amendment, which would change the appellate chamber for appeals of any Secretary of State decision to refuse release to the Court of Appeal, rather than the upper tribunal. I know that the Justice Committee has also heard evidence that suggests that the Court of Appeal might be the appropriate venue for referral appeals. The hon. Lady and I may disagree on the underlying point about the role of the Secretary of State, but in looking specifically at which is the most appropriate appellate route, the Government feel, for specific procedural and legal reasons, that the Court of Appeal is the wrong route. It may help the Committee if I set out the Government’s position on that point.
The appeals in question will be where the Secretary of State has called in a Parole Board decision to release a top tier offender, or the board has referred a case to the Secretary of State for an initial release decision. I appreciate that other amendments tabled by the hon. Member for Lewisham West and Penge propose the direct referral of a decision by the Parole Board, but the principle is the same in either case: a judicial body with the correct powers and expertise, whether that is the upper tribunal or the Court of Appeal, would ultimately be required to assess the decision. Top tier offenders, as we have already debated, are those who have committed the most serious crimes, such as murder and rape, so it is only right that there is a second check on any decision to release them.
The Government’s view is that the public will be further reassured if that check is made by the Secretary of State or another Minister acting on their behalf. Although I say “check”, it will, of course, be much a more thorough review than that term might imply. The procedure set out in part 3 for verifying whether an offender is suitable for release will require the Secretary of State to apply the public protection test in full and to reach a decision as to whether the offender, if released, would pose
“no more than a minimal risk”
of committing an offence that would cause “serious harm.” That test is the very same release test that will be applied by the Parole Board, which is set out in clauses 32 and 33, which we considered on Thursday.
Even though the Secretary of State and the Parole Board will have applied the same test, there may be occasions when the Secretary of State reaches a different conclusion from the Parole Board and judges, such that a top tier offender has not satisfied the threshold for release and should therefore remain in prison. In such cases, part 3 enables the offender to appeal against the Secretary of State’s decision not to release them. It is right that an appeal should be possible. The ability to challenge a decision is a crucial mechanism and safeguard in our justice system, and it provides a route for ensuring that decisions have been taken correctly and fairly.
The grounds on which an appeal may be brought forward are laid out in clauses 38 and 39. They are straightforward and comprehensive. An appeal may be made either on the grounds that the Secretary of State’s decision is flawed in some way—for example, it is irrational or there has been an error of fact—or it may be made on a merits ground, that is, on the grounds that the prisoner believes they meet the minimal risk threshold for release. The
“no more than a minimal risk”
ground will require the appellate court, whether that be the upper tribunal or the Court of Appeal, to apply the public protection test to determine whether the prisoner is safe to release. That may involve a fresh hearing of the case, if the upper tribunal considers it necessary, and may require the taking of oral evidence.
The amendments require us to consider which appellate court is best placed to fulfil these functions and hear appeals. The Court of Appeal is a statutory body that has its powers set out in the Criminal Appeal Act 1968. It primarily considers appeals from the Crown court against conviction or sentence. Section 2 of the 1968 Act explains that the court may allow an appeal against conviction if it thinks the conviction is unsafe; otherwise it has to dismiss the appeal. It also has powers under section 3 of the 1968 Act to substitute a conviction for another offence.
In determining these issues, and other matters under the 1968 Act, the Court of Appeal does not need to give any consideration to whether a prisoner is safe to release, nor does it conduct re-hearings on the facts. If the Court of Appeal were to be the venue to hear appeals from a decision of the Secretary of State not to release, substantive amendments would have to be made to the 1968 Act and training would have to be given to the Lords Justices of Appeal. Taking on this additional work could have a detrimental effect on the timescale in which the court can hear appeals from those who consider that they have been wrongly convicted and who are serving prison sentences as a result.
On the other hand, the upper tribunal has wide-ranging powers already extant under section 25 of the Tribunal, Courts and Enforcement Act 2007, facilitated by the Tribunal Procedure (Upper Tribunal) Rules 2008, which gives it the same powers as the High Court in terms of attendance, examination of witnesses, production and inspection of documents, and broad scope to conduct and administer hearings. The tribunal has experience in hearing oral evidence and in making decisions in the light of such evidence. For example, it takes oral evidence in appeals against decisions of the Disclosure and Barring Service, and occasionally may also do so to remake a decision after setting aside a decision of the first tier tribunal.
We therefore conclude that, on balance, the upper tribunal is best placed, in terms of the existing legislative powers, to hear appeals against the new ministerial decision-making power, and the Court of Appeal does not appear to be as suitable a venue in this context. I appreciate that the shadow Minister may form a different view, but I think this is a balanced judgment and I would urge her not to press her amendments.
Ellie Reeves
I am grateful to the Minister for setting out why he considers the upper tribunal to be the correct forum. Although I have heard what he has said, we do still have concerns about the appropriateness of the upper tribunal to hear these cases, particularly because most of the appeals are likely to be on substantive grounds. However, we do not propose to press the amendments to a vote. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Edward Argar
We have already discussed clauses 35 and 36, which create a new power for the Secretary of State to intervene in release decisions for the most serious offenders. It is only right that if the Secretary of State refuses release, there is recourse to an independent review. Clauses 38 and 39 therefore set out that a prisoner whose release is refused by the Secretary of State under the new provisions can appeal the decision to the upper tribunal. Clause 38 covers life prisoners and clause 39 is for fixed-term prisoners.
There are two routes of appeal available. First, appeals can be made on the grounds that the decision was flawed because it was illegal, irrational, procedurally improper or the Secretary of State made an error of fact that was fundamental to the decision they reached. Subsection (4) clarifies that a decision should not be found to be irrational by the upper tribunal unless it deems that no reasonable Secretary of State could have made that decision. In such cases, permission must be sought from the upper tribunal for the appeal to proceed. If the appeal is upheld, the matter is referred back to the Secretary of State for another decision, in line with other public law decision-making processes; otherwise, the Secretary of State’s decision is upheld and the prisoner remains confined.
Secondly, an appeal is also available on full-merits grounds—that is, whether it is necessary for the protection of the public that the prisoner remain confined. That would allow the tribunal to examine the evidence and re-take the release decision from first principles by applying the same release test, without referring the case back to the Secretary of State. There is no permission stage for this route of appeal. Ongoing post-tariff detention requires determination of lawfulness by a court, in accordance with article 5(4) of the European convention on human rights. The appeal process will ensure that the referral process is robust and there is a proper check and balance on the use of the Secretary of State’s power.
I urge that clauses 38 and 39 stand part of the Bill.
Ellie Reeves
I have set out at length why I do not think that the Secretary of State’s veto is the right approach, but if the Government press ahead with this aspect of the Bill, it is of course absolutely right that there is an appeal mechanism. It is also right that it should be possible to appeal on judicial review grounds or on the substantive merits. As I have said, I anticipate that most appeals will be on the merits, as that will not require a permission stage.
Edward Argar
As I have said, I am always happy to take into account and reflect on—as I know the Lord Chancellor will—the points raised by the shadow Minister. I know that, as well as my rereading the transcripts of our many hours spent in this room, the Lord Chancellor will want to read them carefully to see the points raised by the shadow Minister, so that he may reflect on those points as he considers next steps as the Bill continues its progress.
Question put and agreed to.
Clause 38 accordingly ordered to stand part of the Bill.
Clause 39 ordered to stand part of the Bill.
Clause 40
Licence conditions of life prisoners released following referral
Question proposed, That the clause stand part of the Bill.
Edward Argar
Clause 40 amends section 31 of the Crime (Sentences) Act 1997 to make provision for the decision maker to decide on the required licence conditions for a top tier indeterminate prisoner. Clause 41 amends section 250 of the Criminal Justice Act 2003 for the same purpose for top tier fixed-term prisoners.
Offenders who are released after a parole decision are managed in the community on licence. That can include conditions such as curfews or exclusion zones, which enable the probation service to continually manage and monitor risk. Licence conditions are set for each offender after a comprehensive assessment of risk. Victims can also request licence conditions, such as an exclusion zone, as part of their victim personal statement.
Setting licence conditions is a key factor in determining whether an offender can safely be managed in the community, and therefore whether the public protection test has been met. The decision maker therefore has the power to set licence conditions. Where the Parole Board makes a release decision, it is responsible for setting licence conditions, on the basis of the recommendations and evidence set before it, including representations from victims. For a top tier case, if a Secretary of State is taking a decision about whether an offender is safe to be released under the provisions in clauses 35 and 36, this clause gives the Secretary of State the necessary power to set the licence conditions in the same way as the Parole Board would, based on the recommendations and evidence before them.
Likewise, if that decision is appealed, these clauses give the upper tribunal this power, so that it can effectively make a public protection decision. Licence conditions may be varied after an offender leaves prison to reflect changing circumstances and risk, and these clauses also facilitate the proper authority having responsibility for this. These clauses ensure that decision makers can protect the public by setting appropriate licence conditions, so that offenders are released only when they can be safely managed in the community. I urge that clauses 40 and 41 stand part of the Bill.
Ellie Reeves
I have already set out why we do not think that the Secretary of State referral is the right approach. These clauses kick in if the Secretary of State orders a release following a referral, or if the upper tribunal orders a release following a refusal by the Secretary of State. I am concerned as to the appropriateness of either the Secretary of State or the upper tribunal setting licence conditions, given the lack of experience that either one has in doing so. Setting licence conditions is a key part of the Parole Board’s responsibilities; licence conditions are crucial to public safety and confidence. It is a matter that, aided by recommendations from the probation service, the board devotes a great deal of time and thought to. It is difficult to see how the Secretary of State will be able to give individual cases the same level of scrutiny as experienced Parole Board panels. Equally, the upper tribunal has no experience of undertaking this kind of work, nor is it clear whether it has the resources to do so effectively.
That also raises the question of how the Secretary of State will be resourced to perform this role, as making informed decisions about what licence conditions are needed is a complex and highly important task. For example, some licence conditions are standard, but others are made at the discretion of the Parole Board. These discretionary conditions will often be closely related to the board’s assessment of the prisoner’s relationship with his probation officer. In practice, they set requirements for the probation officer as well as the prisoner. The risk is that this process will make it impossible for the Secretary of State to give individual cases the same scrutiny as the Parole Board panel. In reality, therefore, they will be heavily dependent on the probation service’s advice on licence conditions. The danger is that an overstretched probation officer may wish to avoid requirements that are too onerous in themselves or, where they have a good relationship with the prisoner, may recommend licence conditions that are insufficiently cautious.
My concern with these clauses is that important licence terms could be missed, which could lead to the public’s being made less safe. I am also concerned by the written evidence from the Prison Reform Trust about the Bill, in which it outlines that, currently,
“victims can make representations to the Parole Board on the content of licence conditions which the board must have regard to.”
There appears to be no mechanism for that to happen under these clauses, which is a regressive step for a Bill that is meant to be about victims.
I hope that as the Bill progresses the Minister will look at these concerns and outline how the Secretary of State will be resourced to do a task that is normally a matter for experienced Parole Board members, how they will ensure that this does not weaken victims’ current rights, and how the public will be kept safe.
Edward Argar
I am happy to reassure the shadow Minister that as the Bill continues its passage we will continue to review how each of those duties would work in practice, and if any of the points that she raises give us further cause for reflection, we will of course consider them carefully.
Question put and agreed to.
Clause 40 accordingly ordered to stand part of the Bill.
Clause 41 ordered to stand part of the Bill.
Clause 42
Section 3 of the Human Rights Act 1998: life prisoners
Question proposed, That the clause stand part of the Bill.
Edward Argar
Clauses 42 to 44 will disapply section 3 of the Human Rights Act 1998 from prisoner release legislation. Specifically, clause 42 disapplies section 3 from chapter 2 of part 2 of the Crime (Sentences) Act 1997, which governs life sentences; clause 43 disapplies it from chapter 6 of part 12 of the Criminal Justice Act 2003, which covers fixed-term sentences; and clause 44 disapplies it from section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which contains a power to amend release for certain cohorts of offenders by secondary legislation.
Let me begin by saying that I and the Government acknowledge that these clauses may have caused some concern and a degree of debate. I entirely understand that and will listen carefully to any points raised by right hon. and hon. Members in our debate and will subsequently, with the Lord Chancellor, reflect on them very carefully. It may, however, be helpful if I first explain the purpose of section 3 of the Human Rights Act and its potential impact on prisoner release legislation.
Section 3 requires primary and subordinate legislation to be read and given effect in a way that is compatible with the European convention on human rights, in so far as it is possible to do so. When a court considers section 3, it is required to go further than usual when interpreting legislation that is otherwise incompatible with the convention rights. At times, this has required courts to depart from the unambiguous meaning of legislation. It has required courts to adopt interpretations of legislation that depart from the intention of Parliament when it passed that legislation.
The requirement in section 3 is not only for courts; anyone, including public authorities, applying legislation has a duty under section 3 to interpret it in a compatible way. It is therefore possible that, at some future point, a court interprets release legislation in a way that is contrary to that which Parliament intended. To prevent any such unintended consequences, we are removing the duty in respect of prisoner release legislation. That will ensure that, should the courts find the provisions incompatible, they will apply the section as it was intended to be applied, and not through the prism of section 3 to alter the interpretation. That is part of our approach to ensure that public protection is always at the core of the system. In such cases, declarations of incompatibility under section 4 of the Human Rights Act will be available.
Clause 45 sets out the approach a court should take if a challenge has been raised on human rights grounds regarding the release of a prisoner. That situation could arise, for example, due to a judicial review, and in that situation the court is required to consider the convention rights of a person in relation to a release decision. The relevant release legislation is the same as for clauses 42 and 43, in chapter 2 of part 2 of the Crime (Sentences) Act 1997 or chapter 6 of part 12 of the Criminal Justice Act 2003, and subordinate legislation made under both of those chapters.
Clause 45 sets out that, when considering a challenge of that kind, the court must give the greatest possible weight to the importance of reducing risk to the public from the offender. That requirement does not apply to the non-derogable rights set out in article 2, on the right to life; article 3, on the prohibition of torture; article 4(1), on the prohibition of slavery; and article 7, on no punishment without law.
Of course, courts already consider risk to the public. However, the Bill ensures it is given greatest possible weight in the circumstances under consideration, further reinforcing the focus on public protection. I reiterate what I said at the outset, which is that the Secretary of State and I will continue to carefully reflect on points made in Committee and will more broadly review the impact that this section, and others, will have in the context of the legislative framework.
Ellie Reeves
It is worth mentioning that the Government’s Bill of Rights, which sought to rip up our Human Rights Act, has thankfully been dropped. A vast amount of parliamentary time and, I am sure, Government bandwidth was taken wrestling with that Bill, until the decision to scrap it was rightly made. My concern is that the clauses may be another way for the former Justice Secretary, the right hon. Member for Esher and Walton (Dominic Raab), to dilute our human rights framework through the backdoor.
Section 3 of the Human Rights Act requires courts to interpret legislation compatibly with rights under the European convention on human rights as far as is possible. The clauses would disapply section 3 to prisoners as a group when it comes to legislation about their release. A number of groups have rightly raised concerns about that. The Prison Reform Trust said:
“The introduction of specific carve-outs from human rights for people given custodial sentences contradicts one of the fundamental principles underlying human rights—their universality and application to each and every person on the simple basis of their being human. Moreover, it is precisely in custodial institutions like prisons that human rights protections are most vital, because individuals are under the control of the state.”
In its written evidence to the Committee, the Bar Council stated:
“There is no evidence of any systemic impairment due to the HRA of the Parole Board’s ability to make high-quality, safe, decisions about prisoners—no statistical analysis of recidivism/public safety concerns from prisoners released due to interpretation of legislation in line with Convention principles.”
In his speech on Second Reading, the Chair of the Justice Committee, the hon. Member for Bromley and Chislehurst (Sir Robert Neill) said:
“Whatever one’s view of the Human Rights Act, there is no evidence that this is a problem in such cases. In fact, the evidence we heard from practitioners, from both sides, is that it can be helpful to have to have regard to section 3 in these hearings. These clauses seem to be trying to solve a problem that does not exist, and I wonder whether we really need them. It is perfectly possible to have a robust system that still complies with section 3. This is a needless distraction that sends the wrong signal about a certain desire to pick unnecessary fights, which I know is not the current Secretary of State’s approach.”—[Official Report, 15 May 2023; Vol. 732, c. 604.]
I think that sums it up really well.
Clause 45 directs courts to give the greatest possible weight to the importance of reducing risk to the public when a question arises as to whether a person’s rights under the ECHR have been breached in relation to a release decision. The Law Society’s written evidence states:
“It is not clear what the ‘greatest possible weight’ will mean in practice and will require interpretation by judges. We are concerned that this will lead to an increase in litigation challenging this new standard.”
Edward Argar
I am grateful to the shadow Minister for her words and for the approach she is taking. She knows that my right hon. and learned Friend the Lord Chancellor is, quite rightly, fiercely attached to and a strong defender of the rule of law. My right hon. and learned Friend always seeks to adopt a measured tone, and I am grateful to the hon. Lady for adopting a measured tone in return.
Question put and agreed to.
Clause 42 accordingly ordered to stand part of the Bill.
Clauses 43 to 45 ordered to stand part of the Bill.
Clause 46
Parole Board rules
Question proposed, That the clause stand part of the Bill.
Edward Argar
The clause is the first of two covering the Parole Board, and it will enable two changes to be made to the Parole Board rules, which are in secondary legislation. Let me begin with subsection (2), which is concerned with amending the power in section 239(5) of the Criminal Justice Act 2003. The power allows the Secretary of State to make rules via secondary legislation about the Parole Board’s proceedings. At the moment, the provision permits rules to be made about how many members deal with particular cases, or that specified cases be dealt with at specified times. The Government want to specify that the rules may also cover which types of Parole Board member must sit on cases.
In “Root and Branch Review of the Parole System”, the Government committed themselves to increasing the number of Parole Board members from a law enforcement background. We will shortly consider clause 47, which will enable that to happen. The review also committed the Government to ensuring that every parole panel considering a case involving a top tier offender would have a law enforcement member.
The Government recognise that each and every type of Parole Board member brings different experience and skills. That range and diversity contribute to generally effective risk assessments and sound decision making. However, members with law enforcement experience, such as former police officers, have particular first-hand knowledge of the impact and seriousness of offending. In addition, they have the ability to interpret and analyse broad ranges of evidence, and many have direct experience of the probation system, including, for example, licence conditions and the likelihood of an offender’s compliance with such conditions.
Law enforcement members are, therefore, uniquely well-placed to inform and enrich the Parole Board’s assessment of risk in top tier cases. To fulfil the commitment made in the root and branch review to have law enforcement members on the parole panels for top tier prisoners, subsection (2) will enable the Secretary of State to make the secondary legislation needed to achieve that goal.
Let me turn to subsection (3), which will enable the Secretary of State to make rules relating to the new power in clauses 35 and 36 that will allow the Parole Board to refer top tier parole cases to the Secretary of State to determine, instead of taking the decision itself.
As I set out when we considered clauses 35 and 36, we anticipate that the Parole Board will refer cases to the Secretary of State only on very rare occasions. However, the power to make referrals is unfettered, so subsection (3) addresses that by giving the Secretary of State the power to make rules in secondary legislation that set out the parameters for the board making a referral. That could include, for example, a requirement that a certain stage in the proceedings must have been reached before a referral could be made. Setting that out in secondary legislation, rather than in primary legislation, allows for greater flexibility should the need arise at some future point to amend, remove or add to the steps needing to be taken before referring a case. I commend the clause to the Committee.
Ellie Reeves
It is important to note from the outset that police officers already serve on the Parole Board, alongside other members with expertise, including judges, psychologists, psychiatrists and others. They are an incredibly important part of the board’s membership. I would be interested to know from the Minister what evidence there is for this change and what he hopes to achieve by mandating that at least one member with law enforcement experience sits on top tier cases.
In the Justice Committee’s evidence session on part 3 of the Bill, solicitor Andrew Sperling said:
“I am not sure what the evidence of need is here. Is it being suggested that there is a deficiency in Parole Board decision making that will be corrected by importing more police officers?”
The mandating seems to be a backward step. The Ministry of Justice’s 2019 review of the Parole Board rules states:
“Restrictions on which panel members can hear particular types of case have gradually been lifted over…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 point was echoed by Martin Jones, the Parole Board chief executive, in this Committee’s oral evidence sessions, when he said that
“the Parole Board is a court in law. In reality, it is best for the court to decide who are the appropriate people on cases, depending on the complexity”.––[Official Report, Victims and Prisoners Public Bill Committee, 20 June 2023; c. 54, Q106.]
The risk of undoing current practice was also outlined by Caroline Corby, the chair of the Parole Board, at the Justice Committee’s evidence session. She said that
“we deal with 2,000 top-tier cases a year. If we had to put a person with a law enforcement background on every single case, I think that could build delays into the system.”
The Prison Reform Trust also said it shared that view in its written evidence to this Committee.
In addition to delays, the other issue is experience. I know that the Minister agrees that complex parole cases demand particular care, and require the skills and experience of individual board members. If this clause is used to appoint new members with law enforcement backgrounds, we could have a situation where top tier cases are heard by newer members who, by definition, are inexperienced in making parole decisions. Ms Corby made that point in her evidence:
“It is not the way we currently do things—to put our newest members on our most serious cases. People tend to work their way into the cases”.
With all that in mind, I hope the Minister recognises the risk. I am interested to hear his response and how those unintended consequences will be mitigated.
Edward Argar
The hon. Lady alluded to the fact that people with law enforcement experience already sit as Parole Board members, so, on her last point, there is already a pool, which can be augmented and built up over time. That will allow those who are already experienced in Parole Board decision making to sit on some of the most serious cases. That therefore mitigates her concerns.
We are seeking to ensure that the views of those experienced in law enforcement are considered, and we will strengthen that further. That is not a factor that will determine the outcome, but we want to ensure that those voices are heard more consistently and that the process is more formalised than at present. We believe the clause strikes the appropriate balance in ensuring that the board has that perspective at its disposal in any particular case, as well as other relevant perspectives, to aid it in reaching the decision it chooses to reach.
Question put and agreed to.
Clause 46 accordingly ordered to stand part of the Bill.
Clause 47
Parole Board membership
Janet Daby (Lewisham East) (Lab)
I beg to move amendment 120, in clause 47, page 43, line 6, leave out from “office” to end of line 9 and insert
“only on grounds of proven misconduct or incapacity”.
This amendment would allow the Secretary of State to remove the Chair of the Parole Board only on the grounds of misconduct or incapacity.
I want to begin by providing some context about the justification for removing the Parole Board chair from office. The Parole Board is rightly independent from the Executive. That independence is well established in several court rulings and is crucial to how the board functions. There are elements of the Bill that would undermine that independence. The Minister will know that I am not alone in voicing those concerns, given that Members of his own party also did so on Second Reading.
The Minister has been open to hearing and taking on board the concerns of Members throughout our time in Committee, and I know that that has been much appreciated. Therefore, I hope that he will reflect on the concerns raised on protecting the independence of the Parole Board. A balance needs to be struck. Although Members on both sides of the Committee will recognise the need for the Secretary of State to have the power to remove the chair, what matters is how that is done. I do not wish to recount too much the circumstances of the removal of Nick Hardwick as chair of the Parole Board—Members will likely already be familiar with those—but it is important to recognise the challenge that placed on the independence of the Parole Board. The powers of the Executive must be appropriate. I consider the termination protocol devised after Nick Hardwick’s time as chair to have the better level of that appropriateness.
The current grounds on which the chair may be removed are set out in a clear way, and the criteria that must be satisfied are reasonable and measurable. There is a procedural fairness in how a recommendation for removal can be made. That is not to say that it is a perfect mechanism. It does not, for example, consider misconduct as a criterion for the chair’s removal, nor does it fully address the concerns raised by the High Court regarding recourse and appeal in the removal of the chair. Furthermore, it does not recognise the potential impact of removing the chair on the independence of the Parole Board. All these merit further consideration in determining how a removal mechanism should operate.
As it stands, I do not believe that the power being given to the Secretary of State to remove the chair addresses those points adequately. Its current wording is narrowly focused and too broadly interpreted. Maintaining the public’s confidence in the parole process is a perfectly reasonable aim, but it should not be the sole consideration in whether the chair is fit to perform the functions of the role.
If the clause ends up on the statute book, how will the Secretary of State measure public confidence? Will it be on the basis of a decision made on an individual case? Clause 47 goes on to say that the chair must not “play any part” or “influence the recommendations” in relation to an individual case. That would clearly make it unfair to dismiss the chair because of a decision taken on a single case.
The Parole Board’s job is to take decisions on complex and occasionally controversial cases. In a small number of examples, that may result in a certain level of unease, but unfettered ministerial power to remove the chair on fairly broadly interpreted grounds is not the proper way to resolve that unease.
Edward Argar
I am grateful to the hon. Member for Lewisham East for her kind words, for the approach she has adopted throughout the passage of the Bill and for her amendment, which gives us an opportunity to debate this issue alongside clause 47. The Bill creates a new power for the Secretary of State to dismiss the Parole Board chair on the grounds of public confidence, and the amendment would change the grounds of that dismissal power to misconduct or incapacity.
There is already a process for terminating the appointment to the chair due to misconduct or incapacity. The agreed protocol allows an independent panel to make a recommendation to the Secretary of State on whether the chair should be dismissed on the grounds of absence, if they have been convicted of an offence or are an undischarged bankrupt, or if they are unfit or unsuitable to continue in their role. The protocol extends to all board members, not just the chair, and is an essential recourse, where necessary, for maintaining the high standards required of board members. The amendment would effectively replace an existing process, albeit only for the chair and without requiring the involvement of the panel.
The purpose of clause 47 is not to replace that important process but to create a new route for dismissal on grounds that are not already incorporated in the agreed protocol—namely, public confidence. The Parole Board is a high-profile public body that makes important decisions on public protection every day. I do not underestimate in any way the difficulty of its job, and in general—as we have alluded to in debates on previous groups—the board do it very well. However, it is right that the Secretary of State for Justice should have the levers to change the leadership of the board if a situation arose whereby public confidence in the overall work of the board had been irreversibly damaged, because public confidence goes beyond individual decisions.
The chair is responsible for ensuring that the board takes proper account of guidance provided by the responsible Minister or the Department, for ensuring that the board is well run and is delivering high standards of regularity and propriety, and for promoting public awareness of the work of the board. As there already exists a process for the chair of the Parole Board to be dismissed on the grounds of misconduct or incapacity, I am grateful to the hon. Member for Lewisham East for saying that she does not intend to press the amendment to a Division, but I understand the context in which she tabled it. Notwithstanding what I may say in a moment on clause 47, I am happy to have a further conversation with her outwith the Committee, if she thinks that would be helpful.
Janet Daby
Again, I thank the Minister for his very mature approach. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Edward Argar
Clause 47 amends schedule 19 to the Criminal Justice Act 2003, which governs the membership and operation of the Parole Board. The clause makes important changes to the Parole Board’s membership and leadership. Let me begin by confirming that subsection (10) means that any changes in respect of the chair of the Parole Board do not impact on the appointment or functions of the current chair, Caroline Corby. She has led the board well since her initial appointment in 2018, and the Ministry is grateful to her for her effective leadership in this high-profile and, at many times, challenging role. She will step down as chair in October next year, and it is at that point that the functions of the chair as set out in the clause will come into force.
I now turn to the specific provisions of the clause. Subsection (3) increases the statutory minimum number of Parole Board members from five to seven. In practice, the board, of course, has many more members than that, and its current membership stands at about 300. I take this opportunity to thank the board’s members more broadly for the difficult, but crucial work they do in keeping the public safe from harm.
The Government are increasing the minimum membership of the board for two reasons. First, to make the position of vice chair a statutory role, which is necessary because of the changes the clause makes to the chair’s functions. Secondly, as we touched on when considering clause 46, to require the board to include a law-enforcement member in its core membership. The requirement for a law-enforcement member is in clause 47(4), with a definition of the role in the proposed new section (2A) to be inserted into the Criminal Justice Act 2003 by clause 47(5).
The overall effect will be for the Parole Board to be made up of a minimum of seven members: a chair, a vice chair, a law-enforcement member and four other statutory members, one of whom must have judicial experience, one must have knowledge of probation, one must be an expert in prisoner rehabilitation and one must be a psychiatrist. Requiring the board to have access to that range of expertise as a minimum will ensure that risk is assessed as effectively as possible and that offenders are released only when it is safe to do so. The board will remain free to recruit members from other fields and to appoint independent members, as it deems appropriate.
Jess Phillips
With regard to risk and its assessment, I cannot help but notice, from my many years in the field, that one of the greatest risks on prisoner release is that to women and children, usually those related to the prisoner and/or those they resettle with. I wonder why there is no expertise specifically on understanding that sort of risk—specialist expertise in domestic or sexual violence.
Edward Argar
I set out key—for want of a better phrase—broad categories of skillsets in terms of judicial experience, probation and psychiatry, but I did say that the board remains free to recruit members from other fields and to appoint independent members it deems appropriate. In the context that the hon. Lady sets out, the board might well deem it entirely appropriate to appoint someone with that sort of expertise to sit on particular cases.
Sir Oliver Heald (North East Hertfordshire) (Con)
I just want to remark—I do not know if the Minister would want to—that the vice-chair of the Parole Board, Peter Rook, wrote a leading text on sentencing in sexual offences. He also did an inquiry into the prosecution of them, so he is very knowledgeable in that area.
Edward Argar
I am grateful to my right hon. and learned Friend for his intervention and, as ever, his knowledge. I am grateful that he offers it in his capacity as a Member of this House, rather than being on the clock as a very senior King’s counsel.
The clause also inserts proposed new sub-paragraphs (2B) to (2E) into schedule 19 to the Criminal Justice Act. Those provisions concern the chair and vice chair of the Parole Board. Proposed new sub-paragraph (2B) puts in statute for the first time the period of appointment for the leadership roles, and it aligns the period so that both appointments are for five years, with the possibility of reappointment for a further five years. Currently, the practice is that the chair’s appointment is for three years, and may be extended for the same period, whereas the vice chair’s appointment is for five years, with a five-year extension. The longer period for the vice chair reflects their additional role as an active panel chair and aligns with the usual tenure of appointment for other board members.
We want to align the chair’s period of appointment with that of other members, thereby offering additional protection to the post holder as well as reducing any risk to the smooth running of the board that might arise if its leader were to change relatively frequently. That said, there might be a rare occasion when requiring a change of chair before the end of their appointment period is the best or only option. For that reason, proposed new sub-paragraph (2C) gives the Secretary of State a power to remove the chair from office if it becomes necessary to do so for reasons of public confidence.
A mechanism already exists for the Secretary of State to ask an independent panel to consider dismissing the chair if there are concerns about the post holder’s performance or their ability to do the job effectively. That route remains our preferred approach in the unlikely event that a dismissal is required. This measure in the clause, which enables the Secretary of State to act independently and without referral to a panel, is a last-resort measure to be applied only in the event of a need for Government to act swiftly and decisively. It is not a power that any Secretary of State would ever use lightly, and ideally there will never be cause to use it at all.
Proposed new sub-paragraphs (2D) and (2E) of schedule 19 to the 2003 Act confirm that the chair and vice chair may not return to those posts once their period of appointment has ended except when they are re-appointed immediately after their initial tenure has ended. However, either postholder may be appointed to another role in the Parole Board.
Finally, I turn to clause 47(7), which sets out the functions of the Parole Board’s chair in statute for the first time. The overall intention is both to define the chair’s role as a strategic leadership role and to make it clear that the postholder does not play any part in the board’s decision making when it comes to considering individual parole cases. Proposed new sub-paragraphs (2A)(1)(a) to (g) of schedule 19 provide a non-exhaustive list of functions to be carried out by the chair. Proposed new sub-paragraphs (2A)(2) and (3) prevent the chair from involvement in individual cases. Although it is for the board to decide who will take on any functions currently carried out by the chair that are related to individual cases, we anticipate they will pass to the vice chair or another member of the board.
Ellie Reeves
I associate myself with the Minister’s comments about Caroline Corby and her dedicated leadership of the Parole Board, and I thank her and all the other members of the Parole Board for their important work.
Most of what the Minister has set out is broadly sensible. I have already set out my concerns when speaking to amendment 120, but I want to briefly add that clause 47 also prohibits the chair of the Parole Board from being involved in individual parole cases. That seems to unnecessarily hinder the chair in their role. In evidence to the Justice Committee, Professor Shute said:
“it is…hard to lead the board unless you have experience of sitting on panels…I think it is helpful, if you are going to lead the board, to have first-hand experience of sitting on panels, but this provision is going to prohibit a chair from doing so.”
It its letter to the Justice Secretary, the Justice Committee concluded that
“prohibiting the Chair from sitting on cases would potentially undermine their leadership of the Board, and make the role less attractive to suitable candidates in the future.”Clause 47 seems broadly sensible, but I urge the Minister to consider and reflect on those points.
Edward Argar
I am grateful to the hon. Lady, to whom I listened carefully. I will always reflect.
Question put and agreed to.
Clause 47 accordingly ordered to stand part of the Bill.
Clause 48
Whole life prisoners prohibited from forming a marriage
Question proposed, That the clause stand part of the Bill.
Edward Argar
The clauses will prohibit prisoners who are subject to whole life orders from being able to marry or enter a civil partnership while in prison. Whole life orders are the most severe punishment in the criminal law of England and Wales and are reserved for offenders who have committed the most heinous crimes. Those offenders are the most dangerous and cruel criminals in our prisons—often serial or child murderers who have robbed others of their chance at happiness and a family life and can expect to spend the rest of their life behind bars. As the law stands, prison governors cannot reject a prisoner’s application to marry, however horrific the prisoner’s crime, unless it creates a security risk for the prison. Allowing the most dangerous criminals to marry in custody rubs salt into the wounds of victims and their families and damages public confidence in our justice system.
Clause 48 will prohibit prisoners in England and Wales who are subject to a whole life order from marrying while in prison or another place of detention. The Secretary of State may grant an exemption in truly exceptional circumstances. We believe that that is a common-sense move that will help to restore faith in the justice system by ensuring that we can deal appropriately with the most serious offenders in our prisons.
Clause 49 will prohibit prisoners in England and Wales who are subject to a whole life order from forming a civil partnership while in prison or another place of detention. As with Clause 48, which makes provision for an equivalent prohibition for marriage, the Secretary of State may grant an exemption in truly exceptional circumstances.
Clause 50 is a technical clause, which will allow the Secretary of State to make any further minor and consequential legislative changes needed to implement the prisoner marriage and civil partnership clauses. We have made extensive efforts to identify where such changes are needed, but marriage law is complex and historical references in the statute book may only become apparent at a future time. Use of this power will be limited to what is necessary to implement clauses 48 and 49.
Sarah Champion
My hon. Friend makes a strong argument that I agree with on many levels. It also confirms my suspicion that the provisions could be around an individual, and responding to the horror of that individual. Therefore, I want the Minister to explain to me all the consideration of unintended consequences on this. There are two subsections that allow a prisoner to get married if they have written permission from the Secretary of State. There are also conditions as to why the Secretary of State may be unable to give that permission. Can the Minister tell us again what the exceptions for giving permission, or being unable to give permission, are? Those are not clear in the Bill or in what he has said in Committee.
The Prison Reform Trust was deeply concerned in its written evidence, stating:
“The introduction of specific carve-outs from human rights for people given custodial sentences contradicts one of the fundamental principles underlying human rights—their universality and application to each and every person on the simple basis of their being human.”
Despite the actions of certain offenders, we should not prevent people from having their human rights.
The Prisoners’ Advice Service also stated in its written evidence that the practice will have very little impact:
“A whole life tariffed prisoner will die in prison, and the nature of their crimes renders them unlikely to ‘progress’ to open conditions or to access resettlement facilities such as unescorted release on temporary licence from prison into the community. Thus any marriages or civil partnerships contracted by such prisoners, before or after their conviction leading to the whole life tariff, will in practice have little or no impact on the conditions of imprisonment—and would have no significant impact on victims or their families. It is a point of principle only, ostensibly to show the public that the Executive is not ‘soft’ on those who commit the worst crimes. Behind this flashy headline, is another attempt by the Executive to remove a basic human right from a group of people who are unpopular with sections of the population and the press, for political advantage.”
Given the arguments that those organisations have put forward, I do not think the Minister has made a clear enough argument for why the provisions need to be in the Bill. I ask the Minister to explain the logic, the exceptions and whether the provisions apply retrospectively to people already married. Fundamentally, people have a right to practice their religion, and marriage is part of their religion. I am very concerned that the Minister is looking to take that right away.
Edward Argar
I am grateful to the shadow Minister and the hon. Member for Rotherham for their comments.
On chasing flashy headlines, I have to confess that in my eight and a half years in this place, five of them as a Minister, I have sought to do everything I possibly can to avoid them—I was not overjoyed, then, that I found myself appointed as a Health Minister three months before a pandemic—but the hon. Member for Rotherham raises important points. I do not think anyone could ever question or call into doubt the decency, sincerity and integrity with which she makes points in this Committee and more broadly throughout the House in championing the causes that she does.
On the question of whether the measures make law based on an individual case, I do not think that is the case. On occasion, an individual case may shine a light on something, which then reflects a broader concern or issue. We in this House should always seek to legislate for the general, rather than for the specific individual, and I think we are doing that in this case. It just so happens that an individual case has thrown a light on the matter.
I do not always disagree with the hon. Lady—I possibly agree with her rather more often than not—but I do disagree with her on this issue. I find it challenging to accept that those whose actions have robbed others of any opportunity of happiness believe that they should be able to pursue it irrespective of what they have done in the past. To address a point that the hon. Lady raised, my understanding is that the change is not retrospective. I take her point that tough cases can make bad law, if we look at them individually, which is why we are looking at the matter more broadly.
The shadow Home Office Minister, the hon. Member for Birmingham, Yardley, spoke about individual cases and alluded to something that I want to develop a little more. Although I take at face value what the hon. Member for Rotherham said about redemption and people wishing to reform, I do not underestimate the cynicism of some of these offenders, their manipulative and exploitative behaviour or the potential that, in pursuing marriage, they seek to exploit an opportunity that, in effect, could create another victim further down the line. I believe that the Bill strikes a proportionate balance.
The hon. Member for Rotherham asked about possible exemptions—I think I saw the shadow Minister mouthing it and she was absolutely right—and those would be, for example, deathbed marriages if someone has a long-term partner but they are not married, in the case of a terminal illness or similar, at the end of life. It would, though, be exceptionally rare in those circumstances.
Sarah Champion
Why is it all right for someone who is dying but not for someone who is not? I do not understand that distinction, and I am a woman who used to run a hospice.
Edward Argar
The point is that the only circumstance in which I could envisage the provision being used is where the long-term partner is also a whole-life prisoner and both are in prison at the end of life. Even then, I am not necessarily anticipating that the Secretary of State would give permission, but the hon. Lady asked for a hypothetical example of how it might work, given the concerns expressed by the shadow Home Office Minister, by myself and by others. That is an illustrative example for her. She knows that I have huge respect for her and her integrity and sincerity, but we approach this issue from slightly different perspectives. I am afraid that on this occasion I must resist her entreaties to either withdraw or change the clause, but I am grateful to her for airing her views.
Question put and agreed to.
Clause 48 accordingly ordered to stand part of the Bill.
Clauses 49 and 50 ordered to stand part of the Bill.
Clause 51
Financial provision
Question proposed, That the clause stand part of the Bill.
Edward Argar
The clauses are in part 4, which contains the Bill’s general provisions, and set out the regulations that may be made under the legislation, the territorial extent of its measures, and its commencement and short title.
Clause 51 creates a money resolution for the Bill to allow for new public expenditure incurred by the measures in it. We have published impact assessments that set out the financial implications of each part of the Bill. For part 1, on victims of crime, the additional costs incurred are attributable to the new and expanded functions placed on public authorities—such as code compliance functions for police and crime commissioners—and on local authorities, integrated care boards and PCCs in England to carry out their responsibilities under the duty to collaborate. Further costs may be incurred for criminal justice inspectorates to allow them to carry out joint thematic needs assessments.
Victims and Prisoners Bill (Twelfth sitting)
Edward Argar ExcerptsThursday 6th July 2023
(1 year, 5 months ago)
Public Bill CommitteesRead Full debate Victims and Prisoners Act 2024 View all Victims and Prisoners Act 2024 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 6 July 2023 - (6 Jul 2023)
Anna McMorrin (Cardiff North) (Lab)
I endorse what my right hon. Friend has said.
The Minister of State, Ministry of Justice (Edward Argar)
It is a pleasure to be back before you this afternoon, Mr Hosie. I thank the right hon. Member for Garston and Halewood for her amendment, which would require the Secretary of State to consult victims before terminating an advocate’s appointment on such grounds as the Secretary of State considers appropriate. That stands apart from a termination of appointment in accordance with the terms of appointment, which will cover issues such as incapacity, misconduct and a failure to exercise functions.
I am grateful to the right hon. Lady for highlighting that this is a probing amendment, and I hope that I can give her some reassurances. It would be helpful if I explained the rationale behind including the provision in the Bill, and I hope to reassure her that the power will be used carefully, and that we will consider the needs of victims when doing so. The Secretary of State will not take such a decision lightly, and any decision will be open to challenge through a judicial review in the courts. There are a few scenarios in which we imagine that the Secretary of State may use his or her discretion to terminate the appointment of an advocate using the power.
First, as the Committee may be aware, clause 26 allows the Secretary of State to appoint multiple advocates to support victims after a particular major incident. We will consider the clause in detail later, but briefly we believe that it is necessary to provide the IPA with resilience should major incidents happen concurrently, or should there be a very large number of victims to support. It is in that context that it may be necessary for the IPA to change its composition during its lifetime. We imagine being able to flex the resource required to support victims to allow the IPA to be as agile as possible, and following peaks of activity it may be prudent to reduce the number of advocates actively supporting victims. The power allows the Secretary of State the flexibility to do that.
Secondly, we have always stressed the importance of being able to deploy the IPA as quickly as possible following a major incident. It may be appropriate, following a greater understanding of the developing needs of the victims, to supplement one advocate for another who, on reflection, may turn out to be better suited by virtue of their skills or expertise. I believe that having that flexibility is important, and the amendment would remove that flexibility in the circumstances that I have outlined.
Thirdly, throughout the various debates on this part of the Bill it has been highlighted that victims must have confidence in the advocates in order for them to be effective. I entirely agree. I therefore imagine another use for the power to be removing advocates who may not command the confidence of victims, or standing down the IPA because victims decide that they no longer want the support offered. In all the circumstances that I have described above, let me be clear that the victims will be considered by the Secretary of State, and their needs will be paramount. I believe that victim agency is crucial, as the right hon. Lady set out. That has come through strongly during the debates on this part of the Bill.
Although the amendment serves as an important reminder of that principle, it is not necessary given the sets of circumstances that I outlined previously that require a degree of flexibility. If, in each of the examples that I have described, the Secretary of State were required to hold a formal and legal consultation with the victims, that could severely cut across the ability of the IPA to be flexible and to adapt quickly to changing demands. In the absence of any detail on how such a consultation would be held, it is difficult to see how that could be achieved in reality—especially in the initial aftermath, when the number and identity of the victims will be unknown. I note the intent behind the right hon. Lady’s probing amendment, but urge her not to press it.
Maria Eagle
In view of the Minister’s assurances, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Anna McMorrin
I beg to move amendment 24, in clause 25, page 20, line 4, at end insert—
“(4A) During their appointment the independent public advocate shall sit within the Ministry of Justice for administrative purposes, but shall be independent with respect to its functioning and decision-making processes, and discharge of its statutory duties.”
This amendment would clarify the functional and operational independence of the advocate.
I thank Inquest, Hillsborough Law Now and Justice for working with me on the amendment. I also pay tribute to Ken Sutton, secretary to the Hillsborough Independent Panel. He has worked with me through the whole of part 2 of the Bill, on this amendment and others. I pay tribute to his work and support.
As I said earlier, clauses 24 to 26 provide unfettered discretion to the Secretary of State—not only on whether to appoint an advocate following a major disaster, but on who the advocate is and how they will be resourced. That removes any semblance of independence from the advocate, who is instructed by and answers to the Secretary of State and not those most affected.
The issue of independence is a central concern for the many bereaved families and survivors. It is critical that support provided to families is operationally and functionally independent of Government, to allay families’ concerns about cover-ups, collusions and evasive practices, much of which we have heard detailed this morning. If that is not assured, the position is valueless, as it will be perceived as the Government merely extending their control over the investigatory landscape.
In the evidence sessions, we heard the Right Rev. James Jones state how crucial the independence of the advocate is. When asked if he believed whether the Bill provided enough independence, he answered:
“I am afraid I do not.”––[Official Report, Victims and Prisoners Public Bill Committee, 22 June 2023; c. 87, Q168.]
I welcome the Government’s initiative and determination to continue to listen to various parties as they shape this appointment. However, I do not think that the independence is sufficiently guaranteed by the Bill as it stands. I echo the concerns expressed by the Right Rev. James Jones, and I hope that the Minister will heed them accordingly in his response.
Edward Argar
I am grateful to the shadow Minister for the amendment and her remarks. As she set out, her amendment seeks to clarify the functional and operational independence of the IPA. I support the intention behind it, and she highlighted the oral evidence we heard in Committee. We do, however, have some drafting concerns that need to be reflected on further, which means that at this point I cannot support the amendment. I will set out my reservations, which equally the hon. Lady might herself wish to reflect on.
It may be helpful not to refer specifically to the “Ministry of Justice”, to guard against any potential machinery of government changes. It is also important to ensure that the amendment would not prevent the Secretary of State from agreeing terms of reference with advocates, to provide them with guidance and clear parameters. I do, however, agree that the IPA must be independent and be seen to be so—and it will be. The Government are absolutely committed to an operationally independent IPA and I am happy to work with the hon. Lady to ensure that that is as clear as we can make it, or to find where we can reach consensus on some elements.
Our provisions ensure that the advocates will have autonomy to take decisions and utilise their experience in a manner that they deem appropriate. That is why the functions of the IPA as set out in the Bill are broad and non-exhaustive, and further allow the IPA to support victims as it sees fit. We are, therefore, already delivering on the functional independence in the Bill. The advocates will be supported by a permanent secretariat provided by the Ministry of Justice. Work is already under way to ensure appropriate separation between the Department and those working in the secretariat.
Finally, the advocates have the autonomy under the reporting function to include any relevant matters in their reports to the Secretary of State. Later, we will come to amendments to clause 29 on how that may interact with the independence of the IPA. As I will set out in more detail then, I am willing to work with the shadow Minister on that, to see if there is a landing zone that satisfies the Government’s position and the intentions behind the amendment.
I do not believe amendment 24 is necessary as it is already covered by the Government’s intent, and in our view it is already being delivered in the Bill. I am none the less grateful to the hon. Lady for tabling the amendment and allowing us the opportunity to have this brief debate.
Anna McMorrin
I am grateful to the Minister for his words of initial support for the wording in the amendment, and for his willingness to work with us as we move forward on ensuring the independence of the advocate. As the Bill is currently drafted, that independence is by no means assured. I am grateful to hear that the Minister is willing to work with me, and look forward to that. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Anna McMorrin
I endorse the words of my right hon. Friend, who has spelled out in great detail the importance of having access to the correct data, and not just in the immediate aftermath. We must learn the lessons from what happened at Hillsborough, and ensure that in future there is access to important data and information.
Edward Argar
I am again grateful to the right hon. Member for Garston and Halewood for her amendments. Amendments 70 and 72 would make the IPA a data controller, enabling them to obtain and review all documentation relating to a major incident. Amendment 73 sets out that advocates may support victims by establishing an independent panel to establish the truth of what happened. It is important that, in all our deliberations on this part of the Bill, we strive to continually remember just what a devastating tragedy Hillsborough was, and that its impact was compounded by the indefensible wait for the truth—indeed, the concealment of the truth. So I am entirely sympathetic to the intention behind her amendments.
When we have spoken about this matter in the past, the key themes of empowerment and agency have come through. Another key theme that the right hon. Lady has highlighted is the power of transparency as a way to address, as I think Lord Wills highlighted—she mentioned him in her remarks—the instinctive approach of public bodies and organisations to conceal, or seek to evade responsibility, when something has gone horrifically and tragically wrong. Given the terrible experience of those affected by the Hillsborough disaster, I appreciate the concern surrounding the danger of documents and information being destroyed, changed or suppressed by public bodies or others.
However, since the Hillsborough tragedy and the injustices that followed, there have been significant developments in the justice system that give us greater opportunities to get to the truth of what has happened. Statutory protection against cover-ups now exists. Under the last Labour Government—a Government in which the right hon. Lady served, I believe—section 35(3) of the Inquiries Act 2005 came into force, making it a criminal offence to intentionally suppress, conceal, alter or destroy information during an inquiry, punishable by up to six months in prison or a fine. Secondly, the Public Records Act 1958, as amended, sets out the legal requirements for the care and preservation of public records.
The College of Policing will also introduce a new code of practice, titled “Police Information and Records Management”, which will be laid before Parliament, and which details key principles for the management of all police information and records. It will ensure that a broader range of police records are retained by forces in the future, meaning that there is less risk of losing or altering important records for future scrutiny, as occurred with Hillsborough. Furthermore, a statutory duty of co-operation was introduced in February 2020, placing a responsibility on police officers to give appropriate co-operation during investigations, inquiries and formal proceedings, and to participate openly and professionally in line with what is expected of a police officer when identified as a witness. A failure to co-operate is a breach of the statutory standards of professional behaviour and could result in disciplinary sanctions.
I also understand the right hon. Lady’s intention behind amendment 73: to allow advocates to set up an independent panel akin to the Hillsborough Independent Panel. I pay tribute to those who worked with and on that panel, which had a pivotal role in uncovering the truth. I point out that it did not have any data-compelling powers, but it none the less did phenomenal work in questing after the truth, and revealing information that had for so long eluded others.
Returning to amendments 70 and 72, the Government believe that the IPA’s key focus should be on supporting victims and the families of those affected by a major incident, rather than an investigatory approach. I appreciate that this is another area where the right hon. Lady and I may take a slightly different perspective, but I hope that we can continue to work through that in the coming months.
We consulted on the IPA in 2018, and the feedback from that consultation reinforced the need to provide clarity and support to victims following a major incident. The amendments would significantly change the purpose and role of the IPA and would introduce new responsibilities to collate, check and store information, diverting the focus away from the primary purpose that we envisaged. I appreciate that the right hon. Lady has been entirely consistent and transparent in putting her arguments with clarity. Our view is that introducing such data-controlling powers could conflict with the work of pre-existing investigative authorities, such as the work of inquiries, which already have the power under the 2005 Act to compel information and witnesses.
I appreciate that there are concerns about transparency, and as I have with previous groups of amendments, I can commit to considering with the right hon. Lady what more can be done in that respect. The IPA needs to be as effective as possible in supporting victims, and it is important that we get this right to the best of our ability in this House. Our concern is that giving the IPA the power to obtain and review all documentation could in practice introduce a further layer of complexity to the system, and I do not want to do that. I appreciate that there may be differences between the Government’s conception and that of the right hon. Lady of how the IPA will work in terms of its primary focus and function, but as before I am happy to work through that with her. I do not know whether we will be able to close the gap between us, but as with everything, I am happy to try.
Maria Eagle
I appreciate the Minister’s willingness to discuss the matter further. Obviously there is a difference between the Government’s view and my view and that of Lord Michael Wills, who introduced a Bill in the Lords, about what the focus ought to be, but I appreciate that the Minister is willing to discuss the matter further. Perhaps we might be able to come a bit closer in so doing. If we cannot, at least we will still have Report and the remaining stages to make further points. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Edward Argar
Clause 25 requires the Secretary of State to agree terms with an individual who is to be appointed as an advocate. The clause makes it clear that an individual officially becomes an advocate once they agree to their terms of appointment. The clause further provides for a framework by which advocates may be remunerated, removed and equipped with the necessary secretarial support to support victims. It is vital that at the outset terms are set out and agreed between the Secretary of State, who is accountable for his or her decision, and the individual who will act as an advocate. That will provide clarity and set out the expectations around the functions and scope of the advocate, and is in keeping with other independent appointments such as inquiry panel members.
As public money will be used to pay for the advocates, it is right to provide for that ability to agree terms mutually. The terms will include, as normal, conditions that could lead to the termination of an appointment, such as misconduct or incapacity. The advocate may resign after giving notice.
As previously discussed, the Secretary of State has a power under the clause to terminate the appointment of an advocate. I hope that the right hon. Lady and the Committee more broadly are reassured about the circumstances in which that power is likely to be used in practice. As I have set out, it may be necessary to replace an advocate if they do not command the confidence of victims; to reduce the number of advocates actively supporting victims where that is appropriate and the needs of victims decrease; or to substitute advocates in response to the changing needs of victims and a greater understanding of the expertise required. To highlight that, I point to the parallel power for Ministers in the Inquiries Act 2005. As I have said, and I think we all agree, the IPA must be operationally independent. That does not mean they can be unaccountable, and I believe our provision strikes an appropriate balance.
The clause enables the Secretary of State to pay advocates for their vital work and cover reasonable expenses such as travel and accommodation. We imagine that the IPA will spend time, especially in the immediate aftermath, in the affected community, and it is right that we provide them with the means and resources to be able to do that effectively. We will do right by victims by ensuring that the IPA is adequately resourced. We have already made progress on that front by providing funding for a full-time secretariat from the Ministry of Justice to support the advocates. The day rate or salary of the advocates is still under consideration, but it will be made public when certain. It will be proportionate and reflect the crucial role that they will play.
Finally, the clause makes it clear that advocates will not be servants or agents of the Crown. They will be independent, working on behalf of the victims of major incidents, and focused on ensuring that victims get the independent support they need.
Anna McMorrin
It is so important that the function and operational scope of the independent advocate is strong and clear, so that they can carry out their role to get to the bottom and the truth of an incident. We must ensure that we learn lessons from Hillsborough and the review panel that followed. At present, there is simply nothing independent about the advocate, but I appreciate the fact that the Minister is willing to work with us to ensure that we tighten up the wording, so that they are more independent and the Bill is as robust as possible.
Edward Argar
I am grateful to the hon. Lady for her comments.
Question put and agreed to.
Clause 25 accordingly ordered to stand part of the Bill.
Clause 26
Appointment of multiple independent public advocates
Question proposed, That the clause stand part of the Bill.
Edward Argar
The clause gives the Secretary of State the power to appoint a lead advocate where multiple advocates have been appointed for the same major incident. The Government believe that the ability to appoint multiple advocates for the same major incident will ensure that the IPA has the necessary capacity and resilience to support victims.
Let us cast our minds back to 2017, when the awful and tragic events in Manchester and at Grenfell Tower happened only a few weeks apart. The number of victims in need of support was in the hundreds, if not higher, and it would not have been possible for a single advocate to provide the right amount of support to all the victims in two very different geographical locations. The clause is intended to deal with such situations by granting the Secretary of State the ability to appoint multiple advocates for the same and different major incidents. We hope that it gives the IPA the greatest ability to serve victims. It was endorsed by the respondents to the 2018 consultation.
Maria Eagle
Subsection (3) says:
“An advocate must have regard to any directions given by the lead advocate as to how they are to exercise their functions in respect of the incident.”
Having “regard to” is not necessarily “following the instructions of”. Is it not a recipe for chaos if there is a disagreement between advocates about the best way to act?
Edward Argar
The right hon. Lady will know the legal connotations of the phrase “have regard to”. What we are seeking to do is recognise that while there may be a lead advocate, there will potentially be other advocates in the team who have particular strengths and expertise. In appointing more than one advocate, I am sure that the Secretary of State will have due regard to ensuring that the team is coherent and able to work together.
It is important that if we are bringing different advocates with different areas of expertise into a team, their voices are able to be heard. There is an expectation that they will behave reasonably and have regard to that principle. Equally, I would not want the lead advocate to be able to silence the expertise of others in the team. It is a difficult balance to strike; like so many things do in public life and in our work, it requires people to behave in a reasonable and responsible manner. I am confident that that that will be the case, but the right hon. Lady is right to highlight the challenges were it not.
We will set up a register of individuals from a range of different professions, backgrounds and geographical areas to enable the IPA to respond to the broadest range of circumstances and the unpredictable nature of major incidents. It will also enable the Secretary of State to appoint an advocate as soon as possible and then appoint further advocates over a slightly longer period, including community advocates, to ensure that voices are reflected and the confidence of victims is maintained. That approach will allow for engagement with the families about the type of support they need from an IPA.
Anna McMorrin
We have no objection in principle to the appointment of multiple independent advocates for the same major incident, therefore creating a panel. However, will the Minister clarify the context in which that panel would operate? Importantly, would it be the same as the Hillsborough Independent Panel—granted the same powers—or would it still be open to Government interference? Will he set that out in his response?
Edward Argar
The IPAs are not envisaged as akin to the Hillsborough Independent Panel; they are to be set up as independent public advocates, but the office can have multiple holders simultaneously, if that makes sense, to draw on different expertise. The key element lies in the word “independent”. We are confident that the measures that we are putting in place will create and sustain that independence. I appreciate that the hon. Lady might press back on that on Report or in subsequent debate, but on that basis we consider the clause to strike the right balance.
Question put and agreed to.
Clause 26 accordingly ordered to stand part of the Bill.
Clause 27
Functions of an independent public advocate
Maria Eagle
I beg to move amendment 74, in clause 27, page 20, line 27, at end insert—
“(e) an independent panel to establish the truth of what happened”
This amendment enables the Independent Public Advocate to establish a Hillsborough Independent Panel type process to get at the truth of what happened at an early stage following an incident.
Anna McMorrin
I rise to support absolutely what my right hon. Friend the Member for Garston and Halewood says about the amendments. They are about getting to the truth of what happened, and ensuring there is true transparency and freedom of information. Bereaved families should see justice straightaway; they should not have to go through what many other families have tragically gone through.
Edward Argar
Again, I am grateful to the right hon. Member for Garston and Halewood for tabling amendments 74 and 75, which I will address together. As she set out, the amendments would enable the IPA to establish an independent panel, akin to the Hillsborough Independent Panel, in consultation with victims. As we have said, those affected by the Hillsborough disaster had to wait far, far too long for truth. I again pay tribute to the Hillsborough Independent Panel, which played a crucial role in uncovering the truth and correcting the public narrative after so many years.
I turn to the substance of the amendments. As I mentioned previously, it is worth remembering that the Hillsborough Independent Panel was a non-statutory inquiry set up by the Home Secretary. Non-statutory inquiries are funded by public funds, so it is right that the decision to set one up remains with the Government. As I emphasised earlier, the Hillsborough Independent Panel did not have any data compelling powers. As Ken Sutton, who has been referenced previously and who led the secretariat for the Hillsborough Independent Panel, noted in our oral evidence sessions, the panel was able to access information and documentation without the need for data compelling powers. What is more, it is important to avoid any conflict between different investigatory functions. In my reading of them, the right hon. Lady’s amendments do not clarify what the role of an advocate would be in relation to the panel, how it would work in practice and, crucially, what impact it would have on the support available to victims.
I appreciate that the matter of debate between the right hon. Lady and I is whether the focus should be on support or the investigatory role, and how to draw that line, but if the IPA is primarily focused on supporting victims, signposting and building a relationship of trust with them, could they be considered to be truly impartial in an investigatory role? If they stepped away from their role as an advocate to focus on the work of the panel, would that affect the ability to support victims? I do not posit any direct answers to that, but I pose those questions, to which I suspect we will return subsequently, possibly on the Floor of the House or in discussions outwith this Committee.
I remind Members that the Hillsborough Independent Panel was established many years after the Hillsborough tragedy, which meant that it did not run the risk of undermining or prejudicing any ongoing formal legal proceedings. I note that in the helpful explanatory statement from the right hon. Lady, she states that she believes the panel should be established at an early stage following an incident. I am slightly wary of that and the possible interrelationship with other legal processes. Establishing an independent panel at an early stage—a panel that has the power to require disclosure of all relevant documents and information—could pose a threat to other investigatory processes, particularly criminal trials or other legal proceedings.
No one should suffer the same injustices as those affected by Hillsborough. Their tireless fight for the truth—and the right hon. Lady’s tireless fight for the truth on their behalf—is to be commended, but it should never need to be repeated. Victims and the wider public deserve to know the truth and to get answers to their questions. However, our concern is that the way to achieve this cannot be one that potentially puts a victim’s right to formal legal justice in jeopardy by duplicating or cutting across the work of other investigatory bodies. I recognise that there are questions about independence and the IPA’s power to get to the truth. I am happy to reflect on that further, and to reflect with the right hon. Lady on whether there are other ways that we can seek to achieve what she seeks without the potential legal jeopardy that might exist if it were done in this way.
Maria Eagle
I thank the Minister for his constructive approach to the amendments. I acknowledge that one of the big issues is that if an independent panel were established at an earlier stage, there might be questions about how it would interact with any inquiry, inquest or other ongoing legal proceedings. He is completely correct that by the time the Hillsborough Independent Panel was set up, it had 21 years of every possible legal proceeding imaginable—usually more than once—having taken place. I remember that in the newspaper article Andy Burnham and I put in the Liverpool Daily Post on the morning of the 20th anniversary, one of the reasons I said we should publish all the documentation was that no more legal proceedings were possible. That seemed to be correct at the time that I said it, although it did not turn out to be correct in the event. I acknowledge, though, that there is then an issue that has to be resolved—that is, how it would work if an independent panel were to be set up at an earlier stage and legal proceedings were still possible or ongoing. I acknowledge that my amendments do not deal with that; they were not intended to, but I acknowledge that it is a real public policy issue. I welcome the Minister’s offer to look at that more closely.
The advantage of having transparency at an early point is that one can torpedo cover-ups. There is significant public interest—and, over time, significant amounts of public money are saved—in managing to do so. That is desirable, and I hope we can work together in such a way that finds the best of both worlds. That is what we all want: the best of all possible worlds. If we can do that, we will be doing well. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
The Chair
With this it will be convenient to discuss the following:
Clause 28 stand part.
New clause 1—Victims of major incidents: registration of death—
“(1) Notwithstanding anything in the Births and Deaths Registration Act 1953 or the Coroners and Justice Act 2009, a qualified informant (within the meaning in those Acts) may register the death of a person who was a victim of a major incident.
(2) Subsection (1) applies even if an investigation is conducted under Part 1 of the Coroners and Justice Act 2009.”
This new clause would enable a qualified informant such as a relative of the deceased to provide information to register the death after a major incident.
New clause 16—Functions and powers of the independent public advocate—
“(1) The advocate may provide such support to victims of a major incident as the advocate considers appropriate in relation to—
(a) the aftermath of the incident;
(b) an investigation by a public authority into the incident;
(c) an inquest under the Coroners and Justice Act 2009 into a death the incident may have caused or contributed to;
(d) an inquiry into the incident under the Inquiries Act 2005;
(e) an independent panel to establish the truth of what happened.
(2) The support provided under subsection (1) may include, for example—
(a) helping victims understand the actions of public authorities in relation to the incident, and how the views of victims may be taken into account;
(b) informing victims about other sources of support and advice, and services, ‘ that may be available in connection with the incident;
(c) communicating with public authorities on behalf of victims in relation to the incident;
(d) assisting victims to access documents or other information in relation to an investigation, inquest or inquiry referred to in subsection (1);
(e) establishing an independent panel in consultation with victims to establish the truth of what happened.
(3) The independent public advocate must report to victims or to such persons as the advocate considers represent one or more victims during any police or other authority’s investigation into the incident regarding—
(a) the progress of the investigation, and
(b) if there are no lawyers representing the families, the implications of engaging lawyers at that stage.
(4) The independent public advocate must report to Parliament—
(a) on an annual basis, summarising their work;
(b) at the conclusion of support relating to a particular event; and
(c) at any other time they identify a need so to do;
and the first such report must be laid before Parliament before the end of 2024.
(5) Following a further request to the independent public advocate by fifty percent plus one or more of the representatives of those deceased due to the event, the independent public advocate must set up a panel which must register as a data controller under the Data Protection Act 2018 and review all documentation relating to the event, the deceased and the representatives and report thereon.
(6) In establishing the panel under subsection (5), the independent public advocate must consult the representatives of those deceased due to the event about the composition of the panel.
(7) Subject to section [disclosure of information to the independent advocate’s panel], all relevant public authorities and other relevant organisations must provide documentation under subsection (5) to an independent advocate’s panel on request from the panel.
(8) An independent advocate’s panel must publish a report into its review of the documentation.”
New clause 17—Disclosure of information to the independent public advocate’s panel—
“(1) Nothing in this section detracts from the duty upon relevant public authorities to provide relevant information to an independent public advocate’s panel on request from the panel.
(2) For the purposes of this section—
“relevant information” includes all information which may reasonably be considered to be related to the cause of the event, the event, and actions taken after the event due to it;
“public authority” has the same meaning as in the Freedom of Information Act 2000.
(3) A public authority may only decline to provide information to the panel if disclosure of that information to the panel—
(a) is not possible for reasons of safeguarding national security;
(b) would, or would be likely to, prejudice the defence of the United Kingdom or of any Crown dependency or overseas territory, or the capability, effectiveness or security of the armed forces of the Crown;
(c) is prohibited by or under any enactment, or would constitute or be punishable as a contempt of court;
(4) A public authority may request that the panel provides an assurance that information provided to the panel will be secured to the same data security standard as used by that authority, and the panel may provide such assurance and use its best endeavours to maintain that standard.
(5) If information is withheld from the panel under subsection (3), the panel must be informed of the subject of the matter being withheld and the reason for that exemption.
(6) Upon receiving a notification that information is being withheld, the panel may apply to the Information Commissioner for a decision whether the public authority has assessed correctly that disclosure is not possible under subsection (3).
(7) Upon receiving an application from a panel under subsection (6), the Information Commissioner must consider the application and issue a decision notice to the panel and to the relevant public authority stating either—
(a) that the public authority has correctly assessed that the information should be withheld; or
(b) that all or some of the information should not be withheld, the steps that the public authority must take to provide the information and the period within which they must be taken.
(8) A decision notice issued by the Information Commissioner under subsection (7) may be appealed by the panel or the relevant public authority to the Tribunal.
(9) If on an appeal under subsection (8) the Tribunal considers—
(a) that the notice against which the appeal is brought is not in accordance with the law, or
(b) to the extent that the notice involved an exercise of discretion by the Commissioner, that he or she ought to have exercised his or her discretion differently,
the Tribunal shall allow the appeal or substitute such other notice as could have been served by the Commissioner; and in any other case the Tribunal shall dismiss the appeal.
(10) On such an appeal, the Tribunal—
(a) may review any finding of fact on which the notice in question was based; and
(b) shall notify the Lord Chancellor of its decision.
(11) An independent public advocate and any office or officials supporting the work of the independent public advocate are not a public authority for the purpose of the Freedom of Information Act 2000.
(12) In this section, “Tribunal” has the meaning given by section 84 of the Freedom of Information Act 2000.”
Edward Argar
I will speak to clauses 27 and 28, and will return to the new clauses in this grouping once they have been spoken to by the Members who tabled them. Clause 27 sets out that the support an advocate may provide spans from the immediate aftermath of the major incident through to any subsequent investigations, inquests and inquiries, including non-statutory inquiries.
Clause 27 provides an indicative and non-exhaustive list of functions that an advocate may undertake in supporting victims. Those functions include helping victims to understand the processes that follow a major incident and how they can engage with them. They also include: signposting victims to available sources of support and advice; communicating with public authorities on behalf of victims; and ensuring that victims can access the documents and information to which they are entitled. Advocates will act as a conduit between victims and public authorities so that we may know what victims actually need, rather than what we may assume they need.
In setting out the functions of the IPA, it is right not to be overly prescriptive. All incidents will be different, and the needs of victims will be diverse. That is why we have ensured that the clause provides the flexibility necessary to allow an advocate to provide any other support that they consider appropriate. There are only a few exceptions, which are set out in the clause.
Clause 27 prohibits advocates from giving any legal advice or assistance, providing financial support or providing healthcare. The purpose of the IPA is to be a supportive function; it is not intended to duplicate the work of existing bodies, nor to replace support or professional expertise that is already available elsewhere. Advocates will not be expected to be qualified lawyers or healthcare professionals, but they will be able to inform victims about accessing such support.
The IPA will work with investigative bodies to ensure that the views and needs of the victims are known and taken into account, but it will not be an investigative body. I have touched on that before, and I suspect we will return to where that balance should lie. To make it so would risk undermining or duplicating the work of existing bodies. The functions of the IPA as set out in clause 27 are consistent with the approach the Government consulted on in 2018. They provide for the IPA to effectively deliver its aims of advocating for victims with public authorities and allow it to fulfil its intent of supporting victims through the processes that follow a major incident.
Turning to who the IPA will support, clause 27 makes provision for advocates to support victims through a representative—for example, where a victim or a group of victims cannot speak English, or an injured victim is not able to engage directly. The clause prohibits the IPA from directly supporting people under the age of 18. We believe it is appropriate for advocates to work with a child’s parent or guardian, who ordinarily will be best placed to provide information and support in a manner that best suits the child. Clause 27 enables the IPA to support people under the age of 18 through a representative. That ensures that those under the age of 18 are not excluded. Once the individual in question reaches the age of 18, they can then receive the support directly.
Clause 28 amends section 47(2) of the Coroners and Justice Act 2009 to allow an advocate to be an interested person in relation to an inquest into a death caused by a major incident. That will help the advocate to effectively carry out their support functions for the bereaved and to access information relating to the inquest to which they are entitled. Many people will have never had any interaction with the inquest process, and it will be unfamiliar and possibly daunting at a particularly vulnerable time. In order to help the IPA to signpost victims, to amplify their voices, and to ensure that they have access to information to which they are entitled, we believe it is important to amend the 2009 Act to allow an advocate to be an interested person. In practical terms, that will aid the IPA in helping the bereaved to get answers to their questions and to fully participate at inquests on their behalf. I commend clauses 27 and 28 to the Committee.
Anna McMorrin
I will speak to clauses 27 and 28 before moving on to new clause 1. Although the list of functions in clause 27 is welcome, I would like the Minister to assure me that the functions listed are non-exhaustive, and to ensure that the list is not designed to be applied in a rigid way.
I appreciate that clause 28 is designed to make the independent public advocate party to relevant information in relation to inquests. However, I would like the Minister to clarify that the independent public advocate will be allowed to participate properly in an inquest where the family involved want that to happen.
It is a privilege to speak to new clause 1, which was tabled by my hon. Friend the Member for South Shields (Mrs Lewell-Buck). She and her staff have campaigned tirelessly on this issue, and her strong advocacy in this place for bereaved families has brought them a lot of comfort. Some of the constituents of my right hon. Friend the Member for Garston and Halewood also tragically died in the same attack, and she has been heavily involved in the campaign, so I look forward to hearing her comments shortly.
On 22 May 2017, 22 people were murdered in the Manchester Arena terror attack. Two constituents of my hon. Friend the Member for South Shields were among them: Chloe Ann Rutherford, aged 17, and Liam Thomas Allen Curry, aged 19. Both were just teenagers. It is every parent’s worst nightmare, but after sitting through agonising hours of the public inquiry, the families were told that the registration of their precious children’s deaths would not be done by them, but by a stranger. That is what began the campaign. Chloe’s and Liam’s parents understandably feel that they have been denied this final act for their children, stripping them of a vital step in the grieving process.
Under the Births and Deaths Registration Acts 1926 and 1953, which lie with the Home Office, and the Coroners and Justice Act 2009, which lies with the Ministry of Justice, it is standard practice for a coroner to register deaths involving an inquest or inquiry. For the past year, the families have been campaigning to amend the legislation to allow grieving relatives the choice to register the death of a loved one. This issue was first raised in the main Chamber on 1 March 2022—a year and four months ago. The Government had ample time to make the relevant changes to the legislation before the death registrations for those killed in the Manchester Arena attack needed to take place, but as usual they have been too slow to react, despite the previous Justice Minister, the hon. Member for Corby (Tom Pursglove), making promises to look
“at this issue with the utmost priority”.—[Official Report, 25 May 2022; Vol. 715, c. 396.]
Since March last year, my hon. Friend the Member for South Shields has had several meetings with many different Ministers due to the constant chaos and churn of the Government. First, it was the hon. Member for Corby, and then the hon. Member for Clwyd South (Simon Baynes). Then it was back to the hon. Member for Corby, and now the Justice Minister, the hon. Member for Finchley and Golders Green (Mike Freer), is dealing with this issue. There was also a month in which my hon. Friend the Member for South Shields was faced with complete radio silence from all Ministers involved because of the constant conveyor belt of new Ministers coming in and out, with no listed responsibilities. To top it off, the main responsibility for this matter was moved from the Home Office to the Ministry of Justice and no one informed any of those involved. I am sure that the Minister agrees that this oversight is not acceptable, especially when dealing with such a tragic and sensitive case. I hope he will take a co-operative approach to new clause 1 and finally resolve the issue for the sake of the families involved.
On Wednesday 22 February 2023, both my hon. Friend the Member for South Shields and my right hon. Friend the Member for Garston and Halewood met the Home Office Minister, Lord Murray of Blidworth, and the Justice Minister, the hon. Member for Finchley and Golders Green, alongside the bereaved families. During that meeting, however, both the Members and the victims’ families were told that no legislative change would be explored, despite the Government expressing their commitment to
“look at options to change the law in the longer term”
in a letter just one month earlier. The families had waited almost a year for answers. They had travelled to Westminster at their own expense to meet Ministers, only to find the Government had changed their mind. They felt misled, patronised and let down, and they still do to this day. Ministers stated that the changes would be against public policy and would make the framework less effective. However, the changes could be narrow and targeted towards only a small set of circumstances, such as after a mass casualty event, as outlined in new clause 1.
As the inquiry has now drawn to a close with the final report complete, it is with great sadness that I can confirm those two children’s deaths were registered just last week. Their parents travelled to Manchester to be present at the death registration, but current legislation prevented them from doing it themselves. The heartbreaking reality for those families is that time simply ran out for them as they fought the Government on this minor legislative change.
A cruel and unfair two-tier system for death registration is in place. If a child dies in a common circumstance, such as due to a health condition, their parent can personally register their death. However, if they die in a major incident, their parents are denied that last official act. We understand that not all relatives would want to register the death of a loved one, as in most cases an interim death certificate is given soon after the incident for funeral arrangements, but we advocate giving families the choice.
The Government stated in letters to my hon. Friend the Member for South Shields that it may be too distressing for relatives to register the deaths, but in normal circumstances a relative has no choice but to personally register the death. Now that the deaths of Chloe and Liam are officially registered, the families must request a copy of the death certificates from the registry office in Manchester. If the Government were genuinely concerned about causing distress to families, that step would not be in place either.
In the latest correspondence from the Government to the hon. Member on this matter in March, which I have a copy of here, Lord Murray set out what happens when the coroner records the death after an inquest has taken place. He said,
“This ensures that the inquest and registration details fully align, while also removing exposure to any risk of outside interference or alteration.”
That is heartless and an insult to those families who have lost loved ones. Bereaved families have no intention or wish to alter the findings of the inquest and the coroner. They simply wish to state their personal details on their child’s death certificate as a final step in their grief and to officially register them as dead. I am sure the Minister will understand that and what it means for parents to record the deaths of their loved ones, and I hope he will agree to the new clause. The Government prolonged Chloe’s and Liam’s parents’ grief; all those parents want is for their children’s legacy to be that no other family goes through what they did ever again.
Edward Argar
I thank the hon. Member for Cardiff North and the right hon. Member for Garston and Halewood for tabling their new clauses.
New clause 1 seeks to provide families bereaved by a major incident with a role in registering the death of their loved one. I pay tribute to the work of the hon. Member for South Shields, with whom I have spoken on a number of occasions. She is passionate in her advocacy on behalf of her constituents and for change in this area.
This is an important and sensitive but none the less complex issue. I pay tribute to the commitment of the families bereaved by the Manchester Arena attack in their campaign to secure a role for bereaved families in the registration of their loved one’s death following an inquest. I am very much aware that any action would come too late for them, as their children’s deaths have now been registered, following the conclusion of the inquiry and inquests.
The Government are committed to ensuring that bereaved people remain at the heart of the inquest process and are able to fully participate in it. It is also important that we uphold the integrity of that process. A death that is reported to the coroner cannot be registered until any inquest has been completed. That is where all the facts, including the personal details of the deceased, are established. The legislation requires the coroner to provide that information directly to the registrar. All death registrations, whoever reports them, are formally completed by the registrar.
May I gently correct one point made by the hon. Member for Cardiff North, who asked why it was only the victims of major incidents who are in this position? It is not: it is anyone whose death is considered by a coroner or an inquest. Coroners and inquests do not just look at these issues; they look at unexplained deaths in a number of other circumstances. We have to be a little bit careful about that.
The reason I mention that point is that the hon. Member made a point about a two-tier approach. We have to be conscious that there would potentially still be a different approach, depending on whether someone was the victim of a major incident, if this approach were adopted, or whether it was another unexplained death, where the coroner would still be the person reporting that to the registrar. I make that point for context, not necessarily with prejudice to what I am about to say.
The Government understand the seriousness of this matter. The Home Office has set out that it is committed to seeing what can be done via non-legislative means. The General Register Office has also offered the families bereaved by the Manchester Arena attack the option of being present at the registration of their loved one’s death. I appreciate that that does not go as far as they would wish and does not resolve the fundamental concerns, or go as far as the new clause would.
My concern, however, is that the new clause would not achieve its objective, because although it disapplies part of the complex framework provided for by the Coroners and Justice Act 2009 and the Births and Deaths Registration Act 1953, it does not provide for an alternative new legal mechanism to achieve that objective—it removes the challenge but does not provide a new mechanism. It would also assign to a qualified informant the actual duty of registration itself. That goes well beyond the role of a coroner in an inquest death or of a qualified informant in a non-inquest death. Regardless of the context, the statutory responsibility for registration is, and must remain, the registrar’s alone. We are debating who it is that should give the registrar the information to complete the legal process.
The new clause is explicitly limited to those bereaved by a major incident. The trauma of losing a loved one in that way is unimaginable, but thankfully only a tiny proportion of inquest deaths occur in such circumstances. We would need to reflect carefully on the fact that the change that the new clause seeks to introduce would be unavailable to the vast majority of families whose loved one’s death is subject to an inquest. That is not to gainsay what the hon. Member for Cardiff North is trying to do, but it is important to highlight that there would still be a difference in approach.
Anna McMorrin
I understand the points that the Minister is making about the legal wording, but this is such a deeply rooted issue. He refers to a small number of families, but the impact goes far wider. I wonder whether he could seek to find a form of legal language that would allow the change to take place, or whether we could work together on the new clause to ensure that it takes place, so that the families can register the deaths.
Edward Argar
I am grateful to the hon. Lady; I was about to come to this point. A number of issues would need to be considered here, including whether a dual approach would be created for those bereaved whose circumstances are considered by an inquest such that a major incident qualifies for one route and others do not. We would need to reflect on that.
For the reasons that I have set out—drafting and the other factors that I have highlighted—the Government cannot support the new clause, but I am sympathetic to its underlying intent and the issues behind it. I recognise that the issue crosses over Ministry of Justice and Home Office ministerial responsibilities, so I commit to reconsidering, with ministerial colleagues across Government, whether there is more that can be done—and if so, how—with a view to seeing whether progress can be made prior to Report.
I do not want to raise expectations beyond saying that I will reconsider the position on this matter. As the right hon. Member for Garston and Halewood said, we have time over the summer to do so and to reflect on the issues with the new clause that I have highlighted. I commit to working with her and the hon. Member for South Shields and having another look at this.
I am grateful to the right hon. Member for Garston and Halewood for tabling new clause 16, which relates to the functions and powers of the independent public advocate. In our view, clause 27 already covers the majority of new clause 16(1) and (2). Subsection (1)(e) refers to the power to establish
“an independent panel to establish the truth of what happened.”
Subsection (5) would require the panel to then register as a data controller.
The new clause, along with many of the amendments that we have debated today, whose intent I entirely understand, would move the focus of the IPA away from a support function and towards more of an investigatory function. In seeking to do that, the right hon. Lady has been dextrous in the drafting of her amendments. As I have set out, it is not something that the Government will support, because our focus is more on the support function, but I suspect that we will return to the matter. I also restate that the Hillsborough Independent Panel, which is what the new clause’s independent panel is modelled on, did not have data-compelling powers.
Subsection (6) stipulates that the families must be involved in deciding the composition of the independent panel. Subsection (7) would require all relevant public authorities and other relevant organisations to provide documentation to the independent panel. Subsection (8) would require advocates to publish a report on their review of the documentation.
Those measures do not clarify the role of the advocate in relation to the panel. If they build a close relationship with the families, would they be considered impartial enough to sit on or even lead an independent panel? I am not prejudging the answer to that question, but I pose it because it highlights some of the challenges around clarifying how this would work. For example, are there any parameters on when an advocate can publish a report? What if the material or timing would potentially prejudice an ongoing investigation or trial? Those are all matters that would require careful consideration to avoid unintended consequences.
On subsection (3), the policy intention is already for advocates to keep victims informed about any investigations, but it is only right that this is done in a manner and at a point that will not prejudice any such investigation.
On subsection (4), the Bill already includes provision on the IPA’s reporting function and duties in clause 29. I note that subsection (4) is duplicated in the right hon. Lady’s amendment 78 to clause 29, so it is perhaps more appropriate if I address it, along with the IPA’s reporting functions as a whole, when we discuss that clause.
In summary, many of the measures in new clause 16 are, in our view, already covered by the Bill. The subsections that refer to an independent panel and data controller powers change the purpose of the IPA. That is a matter for debate between both sides of this Committee, although I suspect it will be between the right hon. Lady and me in the first instance.
Edward Argar
I am grateful to the right hon. Member for Garston and Halewood for her amendments 76 to 79. As they would all amend clause 29, which focuses on the reporting function of the independent public advocate, I will address them together.
Collectively, the amendments would remove the requirement for the Secretary of State to instruct the IPA to issue a report; would require the IPA to report to Parliament rather than the Secretary of State, and to do so either periodically or at specified time periods; would remove the Secretary of State’s discretion over how to publish the advocates’ report; and would remove the ability for the Secretary of State to omit material if they consider it to be contrary to the public interest or to contravene data protection legislation.
Before I take each of those points in turn, providing clarity on our intention behind the drafting, I want to reiterate that I fully endorse the underlying principle of transparency and the ability of the IPA to highlight the experience of victims, call out issues and make recommendations that hold public authorities to the proper standard. I wholeheartedly believe in the importance and value of reports produced by those in a position to speak with authority on the experiences of victims, because they are a tool not only for getting to the truth, but for learning and for seeking to avoid the repetition of particular events or experiences. That is clearly illustrated in Bishop James Jones’s report.
I turn to amendment 76. The intention behind clause 29(1) is to provide an oversight role for the Secretary of State whereby reports are issued once requested, so the Secretary of State can ensure that the advocates produce reports only during periods when there are no active criminal investigations into the incident or ongoing inquiry proceedings. If the advocates issued a report during those periods, there is a risk that the content of the report would prejudice or undermine the conclusions of any legal investigatory processes.
Jess Phillips (Birmingham, Yardley) (Lab)
I think Parliament has pretty well-defined ways to ensure that things are not discussed in Parliament or called for in Parliament when they could create a problem of sub judice. That exists already, so I suggest that that concern is not a founded one.
Edward Argar
I gently say to the shadow Minister that while those processes exist, they are—as we have seen from admonitions from Mr Speaker—not always adhered to by right hon. and hon. Members, who on occasion are called to order for straying into sub judice matters on the Floor of the House. Although a process exists by which the Speaker can rule and can admonish, it is not universally the case that all right hon. and hon. Members will fully adhere to that without having to be called up by the Speaker. We need a degree of caution with respect to legal proceedings, particularly as we are seeking not only transparency but justice for victims and survivors. I would be very wary of anything that could even potentially prejudice that.
The Secretary of State can ensure that IPA reporting occurs only during appropriate periods in the aftermath of an incident. I reassure the right hon. Member for Garston and Halewood that if the advocates wish to produce a report when it has not been requested, they can still contact the secretariat and consult with the Secretary of State. Of course, any such requests will be properly and fully considered. Although I understand and appreciate the desire for advocate agency in the reporting function of the IPA, I believe that the current drafting of subsection (1) will ensure that that is balanced against the need to consider the wider context of any report’s content.
Turning to amendment 77, I reassure hon. Members that under the clause, the Secretary of State must publish any report that they receive from the advocates. It is our intention that those reports be published as swiftly as possible, notwithstanding previous comments. When it is most appropriate for the reports to be laid before Parliament or referred to the relevant Committee, I reassure hon. Members that they will be.
However, as was alluded to just now, there may be instances when it is more appropriate for the report to be published through other means, especially if it is an interim progress report. Having the advocates report to the Secretary of State ensures that discretion can applied in deciding on the most appropriate method, whether that is laying a report before Parliament or publishing it on the IPA or gov.uk website. Again, that depends on the report’s content and nature, and other proceedings. If the report is published on a website, it will be publicly available, and can still be discussed in Parliament in a debate secured by the usual means.
I want to clarify that our clauses do not prohibit reporting at any of the points set out in amendment 78, or indeed sooner, if the Secretary of State makes a request. It is likely that while an incident is active, the Secretary of State will request an annual report from the IPA, and a report after the conclusion of an incident.
Maria Eagle
It sounds to me as though the Minister is accepting the amendment.
Edward Argar
I gently ask the right hon. Lady to let me make a bit more progress. She may not be so confident when I have finished; we will see. As I previously stated, if the advocates wish to report when they have not been requested to, they can raise that with the secretariat, which will then consult the Secretary of State, who will consider any requests carefully. The inclusion of provision giving the Secretary of State discretion allows for the required flexibility when it comes to the frequency of reports.
Jess Phillips
As I rise to my feet, news is emerging that the courts have forced the Government to give in to Lady Hallett on the covid report, and to reveal something that they went to court to try to hide. One can understand concerns about what may get hidden. Also, during this Committee, we have debated an amendment on sex offenders changing their names. There is a Government report on that issue that has never been allowed in public or in front of Parliament. Even Committee members who are seeking to debate it have not seen it. I am sure the Minister understands that the discretion of Government Departments is not something that we—certainly not I or the public—feel we can always rely on.
Edward Argar
I will make a couple of points. First, in my view there needs to be a degree of discretion, as there always has been under Governments of both the hon. Lady’s party and ours. That has generally always been the approach. Secondly, I want to gently clarify a point about what the Paymaster General said. That court case was not about hiding anything; it was about clarifying the lines and the boundaries of the inquiry, what is and is not admissible material, and getting a definitive court judgment, which we now have. I gently correct her point.
Edward Argar
She may take a different view, as of course she is entitled to, as a matter of debate.
Edward Argar
Amendment 79 would remove the Secretary of State’s discretion over how to publish the advocates’ reports.
Janet Daby (Lewisham East) (Lab)
The Minister may recall that during an evidence session, I asked Lord Wills whether he thought it was acceptable that the Bill requires the Secretary of State to publish a copy of the report made by the independent public advocate in whatever manner they considered appropriate. He replied that it was an example of the Bill giving the Secretary of State “too much unfettered discretion”, as one of my hon. Friends has said. Could the Minister respond to that?
Edward Argar
Although I have a huge amount of respect for the noble Lord Wills, I disagree with him on that point, hence the approach that the Government are taking in this legislation. If the hon. Lady allows me to make a little more progress, I might give her a little encouragement—maybe more than a little—in that respect.
I have already set out that where it is most appropriate for the reports to be laid before Parliament or referred to the relevant Committee, they will be. Amendment 79 would also remove the Secretary of State’s ability to omit material from the report that would be contrary to the public interest or contravene data protection legislation. Although I am sympathetic to the intention behind these amendments, I believe that the public interest and data protection legislation are important. The purpose of the public interest test is to ensure that appropriate consideration is given to sensitive information, such as matters that relate to national security. That is consistent with the approach taken in the Inquiries Act 2005, and ensures that there are no unintended negative consequences as a result of disclosing information that could impact national security.
Maria Eagle
I rise very briefly to support my hon. Friend’s amendment. A statutory duty of candour is an essential part of giving confidence to families caught up in public disasters. The Hillsborough law, proposed by the Right Rev. James Jones in his 2017 report to the Government, “The Patronising Disposition of Unaccountable Power”, said as much. It is extraordinary that all these years later, we still do not have a Government response to that report, even though the report was delayed while criminal prosecutions were ongoing. They ended two years ago, and we still have not had the final response from the Government. We were promised it in spring this year. It is now summer. I was promised it by December 2021 in a debate on the Floor of the House, and it has not happened.
I really do not see what is holding up the response. I hope it is not that the Government do not want to implement its findings and points of learning, one of which was that the statutory duty of candour ought to be legislated for. I hope that the Minister can tell us when the response to that report will be published, because spring is long gone. The response is long overdue. The Hillsborough Law Now campaign would be pleased to hear from the Minister on whether the statutory duty of candour, the equality of arms at inquest and the other recommendations of Bishop James Jones will be accepted.
Edward Argar
I am grateful to the hon. Member for Cardiff North for amendment 25 and new clause 3. I reassure her that Parliament will be kept up to date and made aware of any findings of the IPA. It would perhaps be helpful if I explained a little further the intention behind the measures. I addressed the effect of proposed new subsections (5A) and (5C) of amendment 25 when responding to amendments 77 and 78 tabled by the right hon. Member for Garston and Halewood. As I said then, the Bill does not prohibit annual reporting, and it is likely that while the IPA is active, an annual report will be requested. Additionally, it is our intention that any reports will be published as soon as possible, and when it is most appropriate to do so, they will be laid before Parliament or referred to the relevant Committee.
Proposed new subsection (5B) in amendment 25 and new clause 3 both relate to the duty of candour. I reiterate to the Committee that I fully understand that at no point is candour and transparency more important than in the aftermath of a major incident. The bereaved families and friends of the victims have an absolute right to understand what happened to their loved ones, and to understand what went wrong so that lessons can be learned. The Hillsborough families were denied that right in the months and years following the awful events of April 1989. Specifically, Lord Justice Taylor commented on the defensiveness and evasiveness of South Yorkshire police, but in truth, the families experienced obfuscation from a wide range of public bodies and agencies. It took decades of campaigning before it was established by fresh inquests that the 97 victims were unlawfully killed. I pay tribute to the Hillsborough families’ strength and tenacity in their prolonged campaign to ensure that other bereaved families do not suffer as they have.
The landscape in relation to duties and obligations on public servants has changed significantly since 1989. Most notably, the Inquiries Act 2005 places legal duties on participants, and there are sanctions for failure to comply. More recently, following the publication of Bishop James Jones’s report on the Hillsborough families’ experiences, the Home Office legislated for a duty of co-operation, which means that all police officers now have an individual responsibility to give appropriate co-operation during investigations, inquiries and formal proceedings, and to participate openly and professionally, in line with the expectations that we have for police officers, when identified as a witness. As I have said, a failure to co-operate is a breach of the statutory standards of professional behaviour by which all officers must abide, and could result in disciplinary sanctions, including dismissal.
We recognise that there is more to be done to ensure that public authorities are clear on the requirements on them in the aftermath of a major disaster. My right hon. and learned Friends the Lord Chancellor and Home Secretary recently met with some of the Hillsborough families to talk to them about the work done to address the failures identified by Bishop Jones, and to talk through the forthcoming Government response to the bishop’s report. That response will set out the Government’s position on the bishop’s points of learning on candour, and on the Hillsborough law and next steps. Ahead of that, it would not be right to impose a duty on advocates to report on the discharge of the duty. I will disappoint the right hon. Member for Garston and Halewood, but I cannot give her a date. However, I am reassured by ministerial colleagues that the report and response will be published shortly.
I am happy to return to this topic on Report, once that report and response can be read in the round. The right hon. Lady is always constructive, but I appreciate her disappointment. She would, at the least, like a date. I apologise, but I cannot give her that; I can say that it is due to be published shortly. In the light of that, I encourage the hon. Member for Cardiff North not to press the amendment. I have no doubt that we will return to the issue on Report.
Anna McMorrin
I am disappointed by the response on the amendment, new clause 3 and the request of my right hon. Friend the Member for Garston and Halewood for a response to the report that was published in 2017—more than six years have gone by since then. I hope that the Minister can guarantee that response before the end of the Committee; that gives him an extra week.
Anna McMorrin
Although I am disappointed, I will not press the amendment to a vote. I hope that we will continue discussion of the importance of the duty of candour, and ensure that it is a core element of the Bill. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Anna McMorrin
I beg to move amendment 23, in clause 29, page 22, line 18, leave out paragraph (a).
This amendment would remove the Secretary of State’s ability to omit material in the advocate’s report if they believe it is contrary to the public interest.
I think this is my last amendment; I am grateful to the Committee. The amendment, similarly to my previous amendments, seeks to ensure the independence of the independent public advocate. Again, I give my deep thanks to Ken Sutton, secretary to the Hillsborough Independent Panel, for his continued support and work on these issues. The fact that the independence of the independent public advocate is being debated should be a worry for us all. The clause relates to the reporting process for the advocate. This clause states that the Secretary of State can require the advocate to produce a report on the investigation processes, but that the report can be redacted by the Secretary of State on public interest grounds. The amendment seeks to rectify that.
Yet again, a provision of the Bill is undermining the independence and transparency of the IPA’s role. This is another example of the Government suggesting that they believe in an independent body, but then restricting it in a way that completely contradicts that notion. Redacting the work of the supposedly independent IPA is hopeless. We cannot subject someone’s work to redaction while claiming that they have independence.
Why does the Minister think that the public will trust the Government to redact the IPA’s work in a way that does not serve their own interests? We are going back to the whole question of trust. The responsibility to report to Parliament should, at the very least, encourage a feedback loop that ensures that Government conduct can, through the fact-finding process and in its aftermath, be properly scrutinised by the legislature and, more generally, the public. That will not happen if the clause is left unamended. During our evidence sessions, Lord Wills echoed my concerns and stated:
“As I understand the Government’s proposals, the independent public advocate will not have the right enjoyed by the independent reviewer of terrorism legislation, for example, to be an independent office that has the right to produce reports on its own initiative.”––[Official Report, Victims and Prisoners Public Bill Committee, 22 June 2023; c. 91, Q176.]
The failure to address concerns expressed about the independence of the supposedly independent public advocate demonstrates that lessons are not being learned from Hillsborough. When the next major incident occurs—which, unfortunately, it will—we will be discussing not legal terminology, but human tragedy. I hope the Minister heeds our calls and ensures genuine independence for the independent public advocate.
Edward Argar
I am grateful to the shadow Minister for the amendment, which would remove the Secretary of State’s ability to omit material in the advocate’s report if they believe it is contrary to the public interest. I am conscious that amendment 23 is similar in nature to amendment 79, to which I spoke earlier. It may be helpful, however, if I briefly revisit why the Government thought it necessary to include in the Bill the ability for the Secretary of State to omit material that, if published, would be contrary to the public interest.
Although I sympathise with the intention behind the amendment, this ability for the Secretary of State is vital for national security and is not novel—parallel provisions were included by the previous Labour Government in the Inquiries Act 2005 for, I would assume, that reason. Removing a Secretary of State’s ability to omit material from the reports that the IPA produces would risk being contrary to the public interest and could contravene data protection legislation. This is a necessary measure to ensure that sensitive materials, such as those relating to national security or an ongoing investigation, are protected.
There is no question but that advocates will have valuable insights and I am committed to ensuring that the IPA can speak freely and that the substance of what they have to say is made public. I want to stress once again that the discretionary powers of the Secretary of State will be used only when and where absolutely necessary. We have an obligation to be transparent, but it is also important for us to keep all our citizens safe and ensure that information is shared responsibly. Clause 29 strikes the right balance in that regard. However, I am, as with previous clauses, always happy to reiterate my commitment to speaking further with hon. Members to get it right on the IPA’s reporting functions, as I know that has been the focus of many amendments reflecting broader concerns.
Anna McMorrin
I am disappointed because I think the amendment would really strengthen the Bill, as would amendment 79 tabled by my right hon. Friend the Member for Garston and Halewood. The Government may not support this amendment, but why could they not instead subject the IPA to a protocol of disclosure similar to that of the Hillsborough Independent Panel? Can the Minister respond to that now?
Edward Argar
It would be premature for me to say anything like that at this point. I draw the hon. Lady’s attention, as I said, to this being replicative of the provisions put in place by the last Labour Government in the Inquiries Act 2005. I will reflect on what she says, but I cannot commit to going further than that.
Anna McMorrin
I thank the Minister for agreeing to reflect on the issue. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Edward Argar
Clause 29 allows the Secretary of State to request a report from an advocate while they are supporting victims of a major incident and at the conclusion of that support. The Secretary of State will have the discretion to specify the matters that the report must address and the timeframe within which the report is to be completed. The clause also provides advocates with the ability to include any points or topics that they think are relevant to the incident in respect of which they are appointed.
One of the main objectives of the IPA is to ensure that the voices of victims of a major incident are amplified and heard. An advocate will work with victims from the immediate aftermath of a major incident and help them to navigate the different state processes. A report may be on a specific issue to which attention should be drawn during the investigations, or the Secretary of State may request a report at the conclusion of all proceedings to share the victim experience and identify areas for improvement in future. We have seen the impact that such reports can have—perhaps none more powerful than the bishop’s report on the experience of the Hillsborough families. It is the Government’s intention that such reports may include recommendations, which would be valuable to inform wider public policy on support for victims of major incidents.
Clause 29 further places an obligation on the Secretary of State to publish any reports produced. That ensures transparency and accountability. As is standard, the clause makes clear that certain material related to the public interest and personal data may be omitted. I want to make clear, as I have during debates on previous amendments, that that exception is not designed to suppress uncomfortable truths but to protect important matters of national security or an individual’s personal data, for example. It mirrors provisions in the Inquiries Act 2005. We are committed to the IPA’s operational independence and will carefully consider the content of any reports produced, with the aim of being as transparent as possible.
Anna McMorrin
I simply say that I think the arguments that I set out in my amendments and new clauses still stand. The clause states that the Secretary of State can require the advocate to produce a report on the investigation processes, but that the report can be redacted by the Secretary of State on public interest grounds. Amendment 23 seeks to rectify that, while amendment 25 and new clause 3 seek to ensure the transparency and openness that the Minister speaks about. They would add not only that additional strength to the Bill but, most importantly, that trust.
Edward Argar
I am grateful to the shadow Minister for her comments, and, with that, I commend the clause to the Committee.
Question put and agreed to.
Clause 29 accordingly ordered to stand part of the Bill.
Clause 30
Information sharing and data protection
Edward Argar
I beg to move amendment 35, in clause 30, page 23, line 1, leave out “a disclosure or” and insert “the”.
This amendment and Amendments 36 and 37 omit references to the disclosure of information. Processing, which here has the same meaning as in the Data Protection Act 2018, includes disclosure and other uses of information, so there is no need to refer separately to disclosure.
Edward Argar
This may be my briefest exposition yet. This is the final group of minor and technical amendments here, which we are putting forward to ensure that consistent terminology is used in relation to data protection. The changes are primarily for the purposes of clarifying the provisions and ensuring that they work as intended.
Anna McMorrin
Well, I won’t comment on that, Mr Hosie. I would just like to say, very briefly, that I would like the Minister to provide the assurance that the IPA will be granted the authority to be given all the information that they require relevant to their role, and, further to that, that they will be granted the necessary powers to ensure that none of the relevant information is destroyed. That is essential.
Edward Argar
As we have set out in previous debates on this matter, there are already provisions—around legal proceedings, for example—for the retention and preservation of information. However, we have already debated the powers, or otherwise, of the IPA as a data controller and I have set out, on behalf of the Government, our position on that matter. I appreciate that the Opposition Front Benchers take a different perspective, which of course they are entitled to do, but I believe that we have expounded on that already in the debates on this part of the Bill. With that, I commend the clause to the Committee.
Amendment agreed to.
Amendments made: 36, in clause 30, page 23, line 2, leave out ‘disclosure or’
See the explanatory statement to Amendment 35.
Amendment 37, in clause 30, page 23, line 3, leave out ‘a disclosure or processing’ and insert ‘it’”—(Edward Argar.)
See the explanatory statement to Amendment 35.
Question proposed, That the clause, as amended, stand part of the Bill.
Edward Argar
In order to amplify the voices of victims and to signpost them to the right support service, advocates must have the ability to share information with public authorities and victims. Clause 30 creates an information-sharing gateway that gives an advocate the ability to share information. The clause permits them to share information with other advocates, the victims themselves, the Secretary of State, the IPA secretariat and other public authorities.
I want to make it absolutely clear that an advocate will not share personal data received in the exercise of their functions without the consent of the victim. I know that people will be wary about that issue, and I want to make our position crystal clear. Nothing in the clause permits the IPA to contravene existing data protection legislation.
I believe that the clause will allow the IPA to more effectively assist victims to solve problems in real time. The IPA may communicate with public authorities on behalf of victims, and the clause will allow them to share data, where appropriate, and do so effectively. The clause also helps to ensure that victims can access the information to which they are entitled from any investigation, inquest or inquiry.
Finally, the clause allows the Secretary of State to share information, where appropriate, with an advocate. It is envisioned that that will be information shared with the secretariat provided by the Ministry of Justice. With that, I commend the clause to the Committee.
Anna McMorrin
I have already made my points about this issue. I wish to ensure that the IPA is granted the authority to receive all the information they need. I hope the Minister will continue to work with us to get that right.
Question put and agreed to.
Clause 30, as amended, accordingly ordered to stand part of the Bill.
Clause 31
Guidance for independent public advocates
Question proposed, That the clause stand part of the Bill.
Edward Argar
Clause 31 gives the Secretary of State the power to produce guidance to which an advocate must have regard when exercising their functions. The Secretary of State cannot, however, direct that guidance at any specific advocate or major incident. That is an important safeguard to ensure that, once appointed, the IPA is operationally independent and that the Secretary of State cannot use guidance to limit the role of a particular advocate or in a particular incident. Instead, guidance will help ensure consistency of support across different incidents.
The clause also gives the Secretary of State the power to withdraw or revise the guidance from time to time. That will allow the guidance to be kept up to date, to evolve and to reflect lessons identified and learned from major incidents. We cannot predict what major incidents we may face in the future, nor in what form they might come. Any guidance issued needs to be able to be updated regularly to ensure that the IPA is flexible and can adapt.
Anna McMorrin
I thank the Minister for expanding on the guidance for an independent public advocate. My remaining concern with the clause is the potential for the Secretary of State to use the guidance to restrict the powers and remit of the IPA. Will the Minister assure me that that will not be the case?
Edward Argar
As I have set out, the clause is not designed in any way to restrict the powers of individual advocates, but to set guidance on the way a number of different advocates will conduct their roles in different circumstances to provide that consistency. Given that we are about to conclude part 2, I will take the opportunity to pay tribute to all those who have campaigned hard on these matters from both parties, but most importantly to those families of victims and the survivors of these horrific events.
I am pleased that we are making progress on this matter, and I will continue to work with the Opposition and particularly the right hon. Member for Garston and Halewood over the coming months to see whether we can close any gaps. We are all determined to do our best to get the issue right, so I put on the record my gratitude to all those people and my officials, who have been working on this for some time. It is not an easy area of law to work in, and it is also a traumatic area to work in given the circumstances, which they and others will have read about. I put on the record my gratitude to them, the right hon. Lady, the families, the survivors and all those who have campaigned.
Rob Butler (Aylesbury) (Con)
I echo the Minister’s comments, particularly those referring to his officials and the traumatic incidents that have been involved. As I stated when we were taking evidence, I was at the University of Sheffield at the time of the Hillsborough disaster. A friend of mine died in that disaster, and another was seriously injured. I have chosen today on repeated occasions not to intervene, but I thank the Minister, the right hon. Member for Garston and Halewood and the shadow Front Benchers for their tone and co-operation, which will be a comfort to anybody who has been involved in any way.
Edward Argar
I am grateful to my hon. Friend. Given his personal experience and connection, this will not have been easy for him, and I am grateful for not only his words, but his service on the Committee.
Question put and agreed to.
Clause 31 accordingly ordered to stand part of the Bill.
Clause 32
Public protection decisions: life prisoners
Ellie Reeves (Lewisham West and Penge) (Lab)
I beg to move amendment 96, in clause 32, page 24, line 25, at end insert—
“(fa) the nature and seriousness of any conduct by the prisoner which—
(i) is alleged,
(ii) is as yet unproven,
(iii) has not resulted in a conviction,
which may have implications for the risk posed by the prisoner.”
Ellie Reeves
This victims Bill is long-awaited. Although it is good to finally be on my feet, I should say that part 3 is a distraction to debating the real and serious issue of victims. Many of us share the view that it should never have made its way into the Bill.
Amendment 96 seeks to broaden the list of things that the Parole Board must take into account when making a release decision. I want to set the context by saying a few words about the new release test. No one wants to see dangerous criminals released from prison, and the release of John Worboys, Colin Pitchfork and Tracey Connelly rightly led to public outrage. Setting the test out in legislation and introducing a new threshold may help to give greater transparency and consistency. However, it is not clear whether it will make a difference to how the Parole Board already operates. In evidence to this Committee, the Parole Board chief executive stated that it currently assesses risk
“as to whether the prisoner’s continued detention remains necessary for the protection of the public. That means that public protection is always paramount in our decision making.”
He went on to say that
“what is on the face of the Bill, in reality, gives effect to what the Parole Board already says in its guidance that we should take into account. We think that the legislation should make no significant changes to our practice.”—[Official Report, Victims and Prisoners Public Bill Committee, 20 June 2023; c. 51, Q100.]
My concern is that setting out in legislation the list of factors that the Parole Board has to take into account could lead to the process becoming a tick-box exercise. Clauses 32 and 33 set out matters—such as the nature and seriousness of the offence and the risk of the prisoner failing to comply with their licence conditions on release or committing further offences—that the Parole Board rightly takes into account when making a public protection decision. Although the list is non-exhaustive, there is a risk that factors that are not on the list but that may be important in a particular case do not get the consideration that they deserve. That could lead to poorer decision making, leaving the public less safe, and that leads me to my amendment.
I am deeply concerned that the draft list of criteria does not include alleged but unproven offences. Let us take Worboys, for example. His release on parole in 2018 rightly caused outrage. He was originally charged with attacking 14 women and faced 23 charges, including rape, sexual assault and administering a substance with intent. He was convicted of 19 offences in 2009. In December 2019, he was handed two additional life sentences for attacks on four more women, as it was revealed that he had confessed to targeting 90 victims. The failings of the police in this case are widely acknowledged, but on his release in 2018, the dossier from the Ministry of Justice did not emphasise the other allegations against him. Therefore the panel did not consider the alleged offences that he had not been charged with but, on the balance of probabilities, he had committed. In 2019, the Parole Board guidance was changed so that alleged but unproven allegations could be taken into account.
Litigation on this point followed, in the case of Pearce. Mr Pearce was sentenced after three offences of sexual assault. After serving his minimum sentence, the Parole Board refused to direct his release and instead directed his transfer to open conditions. In accordance with the new guidance on allegations, the board, when assessing his risk, took into account multiple unproven allegations about other alleged sexual assaults carried out by Mr Pearce against women and girls. Although the Court of Appeal found that the decision in respect of Mr Pearce was lawful, it held that parts of the board’s guidance were unlawful, as in its view only proven allegations could fairly be taken into account in the risk assessment.
The Parole Board appealed to the Supreme Court, which concluded in April this year that the Parole Board’s guidance on the unproven allegations against a prisoner is lawful. Therefore, alleged but unproven offences may be taken into account in release decisions where the Parole Board decides that they are relevant to the question of a prisoner’s risk to the public.
Although that is a step forward for victims and public safety, the Government’s failure to include alleged but unproven allegations on the statutory list is a huge step backwards. That was the key lesson from the Worboys case, so the omission is startling. It risks not only diluting the list’s importance, but the exclusion by panels of such allegations from their decision making. If that happens, decision making will be of a worse quality, and that will put the public at greater risk. That is why these amendments are so important, and I urge the Government to support them.
Edward Argar
I welcome the hon. Member for Lewisham West and Penge not only to her seat but to her feet, to take on part 3 of the Bill. In answer to her opening comments, the reason that part 3 is included is that when we talk to victims, there are two key points at which they raise concerns and anxieties. The first is the initial stage, from the arrest to the charge, the court process and—hopefully—the conviction and sentencing of the perpetrator. The second, which has been raised with me, the Lord Chancellor and others, is when a perpetrator is coming up for release or parole. That is the thread that links part 1 and part 3 of the Bill.
I am grateful to the hon. Lady for her amendment, which would explicitly add unproven allegations to the list of matters that the Parole Board must take into account when deciding whether it is safe for a prisoner to be released. I appreciate the point that she made about specific cases; I am a Leicestershire MP, and the impact and trauma of Colin Pitchfork’s deeds are still very much there among communities, not just in the immediate area where it took place but across my constituency, because people remember them with horror. In this context, “unproven allegations” refers to allegations that the prisoner has committed offences in addition to those of which they were convicted. Those could be, for example, complaints recorded by the police or misconduct in prison.
I agree with the hon. Lady that unproven allegations are an important factor in risk assessment. I reassure her that they are already given the consideration they require by parole panels and that the Parole Board has specific guidance for its members on the matter. Members of the Committee may be aware that the Supreme Court recently handed down its judgment in the case of Pearce, to which the hon. Lady referred. The case considered the board’s guidance on unproven allegations, and the Court held that the Parole Board can have regard, where appropriate, to any unproven allegations regarding a prisoner and is free to give them due consideration as part of that release decision even where that material has not been established as a fact. The Parole Board has since updated its guidance in the light of the judgment and continues to consider unproven allegations in its decisions.
Given the potential importance of unproven allegations, we considered adding them to the list of mandatory criteria. However, this is a technical area of law and we fear that the amendment would potentially go further than the Pearce judgment, which would risk including baseless allegations that lack credibility and going beyond the parameters set by the Supreme Court judgment. In our view, the position agreed by the Supreme Court is clear and has been carefully considered. We are content that the developed jurisprudence gives sufficient clarity for the board to fairly consider allegations of this kind as it makes decisions.
Clauses 32 and 33 both contain a list of factors that the Parole Board must take into account when making a public protection decision about a prisoner. The list is explicitly not exhaustive. The list includes the conduct of the prisoner while serving their sentence as well as the risk that the prisoner would commit a further offence if no longer confined. In our view, unproven allegations already fall within the scope of these mandatory considerations. Members of the Parole Board are experts in the field and will consider all relevant and available information in line with the guidance regardless. On the basis that unproven allegations already fall within the wording and scope of both these mandatory considerations, that unproven allegations are therefore already an important part of the decision-making process, and that clear guidelines have been handed down by the Supreme Court, we consider the amendment unnecessary.
Ellie Reeves
I thank the Minister for those comments. I note his point about the drafting of the amendment perhaps going further than the judgment in Pearce. Given the importance of getting this right, might we look at a way that alleged but unproven allegations could be incorporated into the list between now and Report?
Edward Argar
In the nicest way, I would not wish to leave the hon. Lady out of the multiple conversations that I am likely to have over the summer with her right hon. and hon. Friends about different aspects of the Bill. I hope that it has come across in Committee that I am always happy to work constructively with the Opposition on this. We may not always reach the same conclusion or end up in the same place, but I am always happy to have those conversations with the hon. Lady.
Ellie Reeves
I am grateful for those assurances about working together on this. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss the following:
Clause 33 stand part.
That the schedule be the schedule to the Bill.
Edward Argar
Clause 32 will amend chapter II of part II of the Crime (Sentences) Act 1997, which relates to the release of prisoners serving life sentences. Clause 33 will amend chapter 6 of the Criminal Justice Act 2003, which relates to the release of prisoners serving determinate sentences. When a life sentence prisoner reaches the end of their minimum term or tariff—that is, the minimum period set by the independent courts that an offender must spend in custody—they will be referred to the Parole Board. The Parole Board will apply the release test set out in legislation: whether it is
“no longer necessary for the protection of the public that the prisoner should be confined”.
The board’s sole consideration in that decision is public protection.
Jess Phillips
In the accounting of whether there is a risk, is there anything that would ensure that, for example, evidence is taken by the Parole Board from the family courts? There is a problem in that the family courts do not speak to the criminal courts—it happens all the time. A finding that somebody had committed rape could be found in the family court but not in the criminal court. I worry; for example, with children’s services—if there were children involved, would that be taken into account by the Parole Board? I do not think it is in any way a fair to say that an assessment of the risks posed—of any minimal threat to anyone, when we are considering domestic and sexual violence—could only come from the police, because so few women come forward.
Edward Argar
I am grateful to the hon. Lady for the point she makes, and I understand that she is getting at how widely one draws out what is relevant and useful information pertinent to decision making. I appreciate the point she makes about some factors not currently being explicitly taken into consideration under the provision. On that specific point of law, I hope she will allow me either to write to her or revert to her before the Committee concludes.
With subsection (5)(c), the requirement is then to consider the prisoner’s behaviour, even in prison or on licence, while serving the sentence. The decision maker must review the available evidence—for example, from probation officers—as to whether the prisoner has complied with all the demands made of them. There is a link to subsection (5)(f), which considers the impact of any rehabilitative interventions, such as therapeutic treatment or engagement in education, and their effectiveness in reducing the prisoner’s risk to the public.
I have already mentioned subsection (5)(d). Subsection (5)(e) covers the assessment the decision maker must make in respect of what licence conditions might be imposed if the prisoner is suitable for release, and what the likelihood of the prisoner complying with them is. Subsection (5)(g) requires the decision maker to take account of any submission made on behalf of the prisoner as to their suitability for release. An account must also be taken of any submission from the Secretary of State, which may include their view on the risks posed by the prisoner.
As we have discussed at length, it is vital that we put victims at the heart of the criminal justice system. For that crucial reason, subsection (6) says that when assessing the level of risk that the prisoner may pose to the public in general
“the decision-maker must in particular have regard to the protection of any victim of the prisoner.”
In that context, my interpretation of the requirement on the board to take all relevant evidence into account—as I said, I will write to the hon. Member for Birmingham, Yardley if I have misinterpreted this—is that if relevant material is held by another authority, it can still be obtained on behalf of the Secretary of State and considered. I hope that she will allow me to confirm that to her in writing.
The criteria set out in subsections (5) and (6) are comprehensive and undoubtedly assist the decision maker in assessing risk; however, it is not an exhaustive list of criteria. That is confirmed by subsection (9), which clarifies that the decision maker is not limited in the matters to be taken into account when assessing a prisoner’s risk. The Government consider it necessary to be transparent and clear when it comes to making very important public protection decisions that have significant consequences for the public, victims and prisoners. The high threshold for release and the criteria by which risk is assessed must therefore be there for everyone to see and understand. We are satisfied that the clause codifies the release test used by the Parole Board, and the board advises that it could be a welcome clarification for it of the factors that its members already take into consideration.
Ellie Reeves
I thank the Minister for setting out the clauses comprehensively. They are broadly welcome, in that they introduce a new public threshold in legislation. Although putting the release test in legislation and introducing the new threshold may help to give greater transparency and consistency, there remains a question mark about whether it is necessary. The Chair of the Justice Committee observed on Second Reading that
“there is an element in this part of the Bill of trying to solve a problem that does not exist and therefore a risk of over-engineering the system, which we might not need…There is nothing wrong with changing it, and perhaps nothing wrong with expanding it, but are we sure that we are getting this right?”—[Official Report, 15 May 2023; Vol. 732, c. 602-603.]
Although it was helpful to hear from the Minister today some of the thinking behind the clauses, I notes that the Justice Committee wrote to the Lord Chancellor stating that the changes could have a positive effect on consistency and transparency of Parole Board decision making, but also outlined that the changes are not strictly necessary. Again, there is a question mark about whether parliamentary time could be better spent focusing on victims rather than some of these changes.
Let me return to the concerns I raised previously about the non-exhaustive list of factors for the Parole Board to take into account. There is a risk that the Parole Board may end up giving more weight to those things that are on the list rather than to other factors that may be relevant. I have already spoken about alleged but unproven allegations. My hon. Friend the Member for Birmingham, Yardley gave the example of findings that might be made in the family court, particularly in relation to rape and domestic abuse. My worry is that an unintended consequence of specifying a list of things that have to be taken into account might be a failure to take into account issues that are also extremely relevant to risk. Although we broadly we support the clauses, we think those points need a little further reflection.
Edward Argar
I am always conscious that the hon. Lady is an extremely able lawyer, so I listen carefully to everything she says and will reflect carefully on her points. I am also conscious that both Lewisham East and Lewisham West are represented on this Committee; Lewisham is well represented. With that, I commend the clauses to the Committee.
Question put and agreed to.
Clause 32 accordingly ordered to stand part of the Bill.
Clause 33 ordered to stand part of the Bill.
Schedule agreed to.
Clause 34
Amendment of power to change test for release on licence of certain prisoners
Question proposed, That the clause stand part of the Bill.
Edward Argar
The clause is an amendment to an existing power in section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The power allows the Secretary of State to be responsive to the risk posed by certain cohorts of offenders by allowing changes to the release test applied by the Parole Board by secondary legislation. For example, if the release test was found to no longer be suitable for assessing the risk posed by a particular cohort, the power would allow the Secretary of State to swiftly rectify that by amending the release test to safeguard protection.
The clause simply amends the pre-existing power to ensure it remains operable with the introduction of the Bill. First, it brings the new release test in clauses 32 and 33, which we have just discussed, into this power, so that the Secretary of State can amend it if necessary. Secondly, it ensures that the power also works with the new ministerial second check introduced in the Bill, which we will debate in due course. In the event that the Secretary of State decides to call in a case to remake a decision, he or she will apply the same release test as the Parole Board. Likewise, if a prisoner decides to appeal a decision made by the Secretary of State to the upper tribunal, they will also apply the same release test.
The power is used to change the release test applied by the Parole Board. The release tests applied subsequently by the Secretary of State and the upper tribunal must also be changed, which this clause facilitates. The clause is not new policy, but simply ensures that the pre-existing legislation continues to operate consistently and effectively. I commend it to the Committee.
Ellie Reeves
We welcome clause 34, which will allow future changes in the release test to be made by affirmative statutory instrument. The Worboys case demonstrated inadequacies with Parole Board processes, and changes were needed that until then had not been anticipated. It strikes me that in future we may find that changes are needed in ways that we cannot foresee today, but there must be scrutiny of any changes, so I am pleased that the Government have recognised this is a matter for which an affirmative as opposed to a negative statutory instrument is required. We welcome this measured approach.
Edward Argar
I am grateful to the shadow Minister for her support and for her words. I hope clause 34 can stand part of the Bill.
Question put and agreed to.
Clause 34 accordingly ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Fay Jones.)
Victims and Prisoners Bill (Eleventh sitting)
Edward Argar ExcerptsThursday 6th July 2023
(1 year, 5 months ago)
Public Bill CommitteesRead Full debate Victims and Prisoners Act 2024 View all Victims and Prisoners Act 2024 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 6 July 2023 - (6 Jul 2023)
Maria Eagle
It is a pleasure to serve under your chairmanship again, Mr Hosie. I begin by thanking my hon. Friend for her kind words about my long-standing efforts in respect of a public advocate, which arose out of my experience as a constituency MP seeking to represent some of the bereaved families of those who were killed at Hillsborough, and also survivors of Hillsborough—we often forget survivors. Many thousands of people in the ground on that day saw what happened and were subsequently pretty traumatised. Some have been in a terrible state for many years. I still meet people who tell me what happened to them on that day and say that they have never told anybody in the intervening 34 years.
One can imagine the state that some of the people are in in terms of their mental health, particularly when there has been a cover-up that has lasted for so many years seeking to blame fans for what happened, rather than an acceptance of responsibility. We must remember that within four months of the disaster, the first interim report of the first public inquiry placed responsibility squarely on the shoulders of the police, which they never accepted and then chose to campaign to overturn.
When I first met my constituents as an MP in 1997—I had known some of them before as a lawyer—the first thing they said to me was that the police had used the inquest to overturn the Taylor inquiry. Of course, I had the lawyer’s response and said, “No, inquests have a different purpose”, but I quickly understood what they meant when I saw what had happened.
In reality, the cover-up at Hillsborough began on the day and was then pursued at great cost and expense using taxpayers’ money over decades. In fact, at the second inquest, the same points were put by the police lawyers. Even now one hears similar arguments being put: “It was the Liverpool fans; they were ticketless; they were drunk. They pushed their way into the ground and killed their own.” One even hears it in the chants, which, mercifully, the Football Association is now trying to deal with. “Tragedy chanting”, as it is known, is done to Liverpool fans at grounds all over the country. That kind of issue resonates for decades for many thousands of people. That is why I am convinced we as a society must seek to get the aftermath of disasters right.
If we can stop things going wrong—as wrong as they have with Hillsborough—we can save a lot of money and a lot of heartache. We can certainly make sure that the families of those killed in disasters, who suddenly face the worst moments of their lives in the full glare of publicity, do not also have to deal with public authorities’ intent on not getting at the truth and finding out what happened to the families’ loved ones, or not supporting them in every way possible, and in some cases trying to blame them for what happened. In all the cases that I have come across, the authorities try to make sure that they do not get the blame. That defensiveness often drives the behaviour of public authorities in the aftermath of disasters.
That is why I rise to support amendments 20 and 21, which were tabled by my hon. Friend the Member for Cardiff North. Clause 24 gives total discretion to the Secretary of State, and there is no requirement about what he should consider in making the appointment and no requirement that he should consult those affected.
My experience of having to deal with disasters as a constituency MP does not just include the Hillsborough disaster. There have been others: the MV Derbyshire disaster happened long before I became an MP, the Alder Hey organ scandal was another that I had to deal with, and I have constituents affected by the Manchester Arena bombing. A number of other disasters have happened during my time in this House. One issue is always the same: the Secretary of State gaining the trust of those affected is an incredibly important part of ensuring that things do not go wrong.
The Secretary of State should be required to appoint an advocate, thus removing his discretion. We will have an argument—a discussion—later about whether the advocate should be a standing appointment. On balance, I think it should be, but if it is to be an ad hoc appointment, the Secretary of State should not have discretion about whether to appoint when there has been a major incident. There should always be an appointment. I therefore support amendment 20.
There is also an issue about how we define “major incident”. I always think of these things as public disasters in which a number of people have died—that is my definition—but the Government have chosen to define it slightly differently. No doubt the Minister can enlighten us about precisely how the Government see the interpretation of that phrase.
Anything that can give families some comfort that the Secretary of State is acting in their interests, not with unfettered powers and not without having to discuss things with them, would be an advance on the current drafting. For those reasons, I support the amendments.
The Minister of State, Ministry of Justice (Edward Argar)
At the outset, I pay tribute to the right hon. Member for Garston and Halewood for her campaigning on this issue over many years on behalf of not only her constituents, but others whom she has probably never met but who look to her for the leadership that she has shown. They will be grateful for everything that she has done. I also pay tribute to her for the tone that she consistently adopts, which is measured and reasonable.
The right hon. Lady and I had the opportunity to meet, and she introduced me to one of her constituents, whom we subsequently saw before the Committee. The right hon. Lady highlighted the issues of agency and transparency and why the families, having been through all that they have been through, approach these matters in a particular way and have the perspective that they do. We have talked about Hillsborough. Of course, this applies, in recent times, to Grenfell and Manchester Arena, and the survivors and the families of the victims of those horrific events. I also pay tribute to Lord Wills and to my right hon. Friend the Member for Maidenhead (Mrs May) for her work on this issue.
I hope that there is agreement across this Committee Room today on a determination to get it right. There may be discussion about what getting it right looks like, and there may be differences of opinion on that. However, this is a genuine opportunity for this House, for this Parliament, to do something of huge import, notwithstanding the fact that there may be areas where we disagree or approach the issue from slightly different perspectives. There should be a fair degree of consensus and a determination to get the right outcome.
I preface my remarks on all these amendments and clauses with this: I look forward to our discussions today, but I also look forward to the opportunity, where there are areas where we do not coalesce around a single approach, to use the summer recess and beyond, before the Bill comes back on Report, to work with the Opposition, the right hon. Member for Garston and Halewood, and others to see whether we can move closer together during those months. I hope that the right hon. Lady will take me up on that offer to engage throughout the coming months.
Anna McMorrin
I rise to support my right hon. Friend on these two amendments. The pain of these bereaved families runs deep and the resonance of what happened, particularly at Hillsborough, runs incredibly wide, as we have heard described so brilliantly by my right hon. Friend. But of course the point is widely known and acknowledged across many of the debates and discussions that go on.
These are two core issues, right at the heart of the matter: inclusion of the bereaved families, who are going through that pain, in these decisions, and inclusion of those families when consulting. We need to ensure that they are consulted. They have felt disenfranchised. They have felt left behind. This change would make up for it.
Edward Argar
First, I should have said in response to the previous set of amendments that I am grateful to the shadow Minister for her tone on this part of the Bill and the way Opposition Front Benchers are approaching it. We may find that there remain, after Committee stage, some areas where we have differences, but I think it is incumbent on both sides of the House to work together, to the best of our ability, to try to find a way forward that delivers on our shared objectives.
The right hon. Member for Garston and Halewood mentioned Jack Straw in 1997. I can remember the Labour party coming to power in 1997—I had just finished my A-levels and left school at the time. I believe that that was when the right hon. Lady entered this House.
Edward Argar
Therefore I am always sensitive to the depth of experience and knowledge that the right hon. Lady brings as a parliamentarian to these proceedings. I am very grateful to her for these amendments, which seek to give agency to the families bereaved by a major incident—or public disaster, to use her terminology—provide them with influence over who is appointed as an advocate, and specifically define criteria to which the Secretary of State must have due regard when appointing an advocate.
The right hon. Lady is absolutely right to highlight the importance of trust and agency. First, on trust, we all know as politicians that it is very easy to very swiftly lose trust. It takes an awfully long time to rebuild it afterwards. That is why—this is my second point—she is absolutely right to highlight the importance of tone and language. In the aftermath of a major public disaster like the one that we have been discussing, particularly when it is many years down the line of—for want of a better way of putting it—having to fight the system to get the truth, people are, understandably, very sensitive to the language and tone, so I am sympathetic to the aims of these amendments. I want to say again that the Government do recognise the need to give families a voice and some sort of agency in decisions about the support that is provided.
My concern is that the practicalities of consulting families in the immediate aftermath of a disaster could be difficult, especially at a time when they are dealing with their immediate grief. At that point, they may not necessarily have coalesced into a support group—a single group or a number of groups—and may still be disparate individuals, with different views, who may not be in a position to compute what they might like to see in the future, because of the immediate consequences.
Maria Eagle
Perhaps a standing appointment is the answer, because such a person, who was there anyway, would be able immediately to spring into action and consult the families.
Edward Argar
This goes to my slight concern about the amendments. I am concerned that identifying and consulting bereaved families and victims, and trying to avoid missing anyone or people feeling that they did not have agency because they were not identified or engaged at the time, could risk delaying the IPA being appointed and support reaching victims. I take the right hon. Lady’s point, and I suspect that we will return to this when we talk about the nature of the appointment, but there are questions of timing and speed versus engagement, and how we would practically go about this. I know it is not the intention of the right hon. Lady, who wishes to ensure agency for families, and I am happy to continue our conversation to see if there is a way we can strike that balance between agency and engagement, but also avoid delay in practical terms. At present, victims would be able to make their representations to the Secretary of State, use their MPs and, ultimately, challenge a decision in court.
The Government intend to ensure that advocates are on the ground to provide support as swiftly as possible after a major incident. To ensure that support is tailored to a particular incident, our approach, which I suspect we will also debate later today, is to set up a register of advocates from a range of different professions, backgrounds and geographical areas. That will help to ensure that, as far as possible, those appointed have the necessary skills and expertise directly relevant to the incident in question or to the community or geography where it occurred. The views of the victims may well become apparent in the weeks following the appointment of an advocate and may have an important bearing on the appointment of a second or third advocate, or a team. One such advocate could, under the provisions as drafted, be put forward for appointment from the community affected by the major incident.
I recognise and understand the intent behind the amendments. In our conversations, the right hon. Lady has impressed on me just how important the sense of having agency and influence is for victims, survivors and families of victims in the aftermath of an incident. My concern is that there is a risk that the amendments could cause unnecessary delays in support reaching victims, which would run counter to the purpose of the IPA. None the less, given the right hon. Lady’s points about agency and the sense of powerlessness, I am happy to engage with her to see if there is a way that we can square the circle of timeliness, agency and engagement.
Maria Eagle
I do not intend to press the amendments to a vote. The Minister is being his usual constructive self, and I am sure that over the summer between all of us we will be able to rewrite the Bill so it looks a lot more like mine. [Laughter.] Sorry, I let that slip. We will be able to improve the Bill significantly so that it will do an appropriate and, hopefully, good job for those caught up in public disasters. On the basis of the Minister’s assurances, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Edward Argar
I am grateful to the hon. Member for Cardiff North for tabling the amendment, which would expand the scope of the IPA by giving the Secretary of State the power to appoint an IPA to support victims of an incident that does not meet the definition of a major incident in the Bill, but where the Secretary of State believes there is a significant public interest in doing so.
I understand the intention behind the amendment, particularly when taken alongside amendments 20 and 21, which we just debated. Amendment 22 would give back the Secretary of State some discretion to appoint an IPA following an event if they wanted to. However, it is important to remember that the IPA is intended to respond to exceptional events that present unique challenges. We use the term “major incidents”, but I acknowledge the term “public disaster” and I can understand why the right hon. Member for Garston and Halewood uses it. I fear that the amendment may set a potentially unhelpful expectation and precedent that the IPA might be appointed to support victims who have not been caught up in a major incident, thereby increasing the scope and diluting the focus of the IPA. It would, for example, allow the appointment of an IPA where there are no injuries or fatalities. That is not the policy intention in part 2 of the Bill.
We are seeking to keep the focus narrowly on the intention to have the IPA in place for major incidents. We will debate some of the nuances and sub-elements of that, I suspect, but we want to keep that focus. In fact, not all events that involve fatalities or injuries will require the support of the IPA. Any event that results in harm and/or loss of life is a serious, but the intention and focus of the IPA is that it will become involved in only those circumstances where ensuring the effective engagement of the bereaved families and victims is likely to be a particular challenge and the IPA can add value in helping to give them agency.
Clause 24 already provides the Secretary of State with the necessary discretion when declaring a major incident to take account of a broad range of factors, which will probably include the public interest. As I have stated, we will publish a policy statement that sets out the factors to be considered. I note the intention behind the amendment, but I hope the hon. Member for Cardiff North will not press it to a Division.
Anna McMorrin
I thank the Minister for his reply. I accept his assurance that where it is in the public interest, declaring major incidents will be within the scope of the Secretary of State’s discretion. If I am wrong in that, perhaps he will intervene. I am grateful to him for putting that on record.
I would us to find a way to keep the focus on where there is a significant public interest—for example, when a relatively small number of people have died or suffered harm but the circumstances suggest serious systemic failings on the part of a public body. In those circumstances it would be in the public interest and lessons can be learned for the future. I hope we can move forward, as the Minister has given the assurance that an incident would be included, if that was in the public interest. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Anna McMorrin
I completely support the probing amendments, and I am intrigued to hear what the Minister has to say in response.
Edward Argar
I am grateful to the right hon. Member for Garston and Halewood for her amendments. I appreciate that she is, both as a parliamentarian and with her legal background, exploring what greater clarity can be provided. I sympathise with her. I take her point about ambiguity occasionally being beneficial to the legal profession but not necessarily to others, and about the desire to be as clear as possible about whom the IPA will support.
Our concern is about placing a definition of “close family members” in the Bill. We are all conscious, from our constituency work and more broadly, that there is no set family structure. A person’s second cousin, aunt or whoever may be much closer to that person than a very close relative is. We have sought create a degree of flexibility, so that the Bill can capture those who need support. Our approach is to use guidance to more clearly define how that would work, while still allowing the IPA a degree of discretion and flexibility. I am happy to work with the right hon. Lady on that guidance. With her legal mind as well as her parliamentary one, we might square that circle.
I would not support removing the ability of the IPA to support a close friend of a victim, because I fear that doing so could have the unintended consequence of excluding some victims from support. There may be some circumstances where someone injured in a major incident cannot receive the support of the IPA directly and does not have any close family ties, but has a close friend, a companion or another person who is deeply affected by what has happened, and who may be the only person they have left. We would wish such people to have the agency to engage with the IPA and receive their support directly. We therefore think that it is appropriate to allow the IPA to provide support to a close friend. I do not imagine that necessarily being the norm, but the provision is a safeguard to avoid being unduly restrictive and inadvertently excluding people.
I am reminded of the bombing of the Admiral Duncan pub, when a number of people who were actually partners of victims, but who were not confident enough to be out, therefore described themselves as close friends. I would hope, as I think would all Members, that the world has moved on since then, but there is a risk that if we tighten the definition too much, people like that might not get the support they need. I hope that the world and society have moved on, but I just want to ensure that we have that safeguard in place.
I do understand the right hon. Lady’s intention in tabling the amendments, but I believe that they would narrow the definition of a victim in a such a way as inadvertently to exclude people who needed support. However, I am open to working with her—with her legal brain, as well as her parliamentary one—on the guidance to see whether we could, without being unduly prescriptive and while still being permissive, tighten it up a little more from a legal perspective. I am happy to work with her on that.
Maria Eagle
As I said at the beginning of my remarks, these ae probing amendments. The Minister is right that they narrowed the definition, but only to probe. On the basis of the assurances that he has given, I am quite content to withdraw the amendments. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss new clause 15—Appointment of a standing independent public advocate—
“(1) The Secretary of State must appoint an individual to act as an independent public advocate for victims of major incidents.
(2) The Secretary of State must pay to or in respect of an advocate—
(a) such remuneration as the Secretary of State considers appropriate;
(b) reasonable costs incurred by the advocate in connection with the exercise of their functions, including those incurred in connection with proceedings relating to the exercise (or purported exercise) of those functions;
(c) such other sums by way of allowances or gratuities as the Secretary of State considers appropriate.
(3) The Secretary of State must make provision for the advocate to have an efficient and effective system of support, including secretarial support, in connection with the exercise of their functions.
(4) The independent public advocate may undertake the functions set out in section [functions and powers of the independent public advocate] for a particular event when—
(a) invited to do so by the Secretary of State, or
(b) for that event both requirements one and two have been met.
(5) Requirement one is that, in the advocate’s opinion, a major incident has occurred.
(6) A major incident is an incident that has caused the death of, or serious harm to, a significant number of individuals and involved—
(a) serious health and safety issues,
(b) a failure in regulation, or
(c) other events of serious concern.
(7) For these purposes, ‘harm’ includes physical, mental or emotional harm.
(8) In reaching an opinion under subsection (5), the advocate must have regard to previous decisions of the advocate.
(9) Requirement two is that the advocate has been asked to undertake their functions by fifty per cent plus one or more of the total of—
(a) representatives of those deceased due to the event, and
(b) any injured survivors of the event.”
Edward Argar
I will speak to clause 24 now, and to new clause 15 in my concluding remarks, once I have heard what the right hon. Member for Garston and Halewood wishes to say about it.
Clause 24 enables the Secretary of State to appoint independent public advocates for victims of a major incident. Thankfully, major incidents—or public disasters—involving significant loss of life and serious injury are relatively rare in this country. However, they do happen, and when they do the processes that follow can be complex and daunting for victims and the bereaved. Despite the progress made in recent years, it is clear, as the right hon. Lady eloquently set out, that significant concerns remain about the extent to which the voices of the victims are heard, the agency that they have, and how fully they are supported in participating in the processes that aim to establish what happened and why. Clause 24 marks an important step forward.
As well as giving the Secretary of State the power to appoint an advocate, the clause defines “major incident” and “harm” for part 2 of the Bill. It is not possible to predict the exact nature of future incidents or disasters where an IPA may be required. The definition of a major incident is therefore intentionally broad to ensure that the Secretary of State has maximum flexibility to appoint an IPA to respond to a wide range of incidents.
The Government’s intention is to appoint an advocate as soon as possible after a major incident. Clause 24 sets out the sorts of things that the Secretary of State may consider when deciding whether an individual is appropriate to be appointed as an advocate. Those include previous qualifications, the individual’s geographical location and the impacted community and its needs. That ensures that decisions are made with a victim-centric approach. In taking a decision to appoint an advocate, the Secretary of State may have regard to the geographical area of the incident and, as previously set out, any particular community directly affected.
The Secretary of State will be able to appoint more than one advocate in respect of the same major incident where that is deemed necessary. Each major incident will be different and likely to require a specific set of skills and experience from the advocate. The clause seeks to ensure that there is enough flexibility to appoint the right people, and we believe that having the ability to appoint multiple advocates will help to provide the necessary resilience and diversity.
The Government believes it is right that the decision to stand up the IPA rests with the Secretary of State, who is accountable to Parliament for their decisions and for public expenditure. We do not think that a permanent body is necessary, given the rarity of the events in question. Nor do we believe that it is right to require victims to make such a decision when they are dealing with the immediate impact of their injuries and grief. However, we do recognise the importance of giving victims agency, which is why we are continuing to think about the role that victims can play in the appointment of more than one advocate following the immediate aftermath. I offer to work with the right. hon Lady to see if there is a way we can square that circle.
The clause also enables the Secretary of State to appoint a community leader if representations are made by the community. If an incident occurs and the IPA is not stood up, victims will be able to make representations to the IPA secretariat or their local elected MP to ask for one to be appointed. Those representations will be carefully considered, and a decision on whether to appoint an advocate can always be revisited.
Maria Eagle
My hon. Friend is completely correct. She will know from her own constituency experience of representing those caught up in the Birmingham pub bombings how dangerous and awful it is, not only for the families involved. We are talking intergenerational, here. Many of those still active in trying to get more accountability in respect of Hillsborough were barely born—sometimes not even born—at the time it happened. They are daughters, sons and other relatives who were not even alive. And the effect is not just on families intergenerationally; it is felt across communities.
The damage that Hillsborough has done to faith in the police in Liverpool since that time has been enormous, and it is intergenerational. It was not the Merseyside police—it was South Yorkshire police and the West Midlands police. That does not just go away. Some 30,000 people turned up at Anfield on the 20th anniversary of the disaster. That is why the Hillsborough Independent Panel was set up; that is why we were able to get it set up. The rest of the country was amazed that, 20 years on, 30,000 people would turn up to the service. It would have been more, if they had let more in. I was there on that day. I was not surprised to see what we saw on that day.
In two years, the Hillsborough Independent Panel unravelled the lies of ages. By publishing the documents and its account of what had really happened, it was able, incontrovertibly, to lay to rest all those lies and slurs and to elicit a heartfelt apology from the then Prime Minister David Cameron—who I think was a bit shocked when he read the report and saw what had happened.
We must not let this happen again. The issue is about torpedoing cover-ups as well as helping families. It is about stopping things from going wrong. As a lawyer, I know that the only way Hillsborough could have been stopped from getting as bad as it has got would be to have stopped it from going wrong in the first place. I believe that creating a mechanism through which transparency and truth can be focused on at an earlier stage and be told at the beginning is the way to stop things from going wrong. The legal system does not always appear to be able to do it, and I believe that the Hillsborough Independent Panel-type process is the way in which we can do it.
I unequivocally welcome the Government’s commitment, but I urge the Minister and the Government to have more ambition for what can be achieved through the process. It should not just be signposting to get immediate help in the aftermath of a disaster for those caught up in it; it should be about nothing less than us preventing things from going wrong in the aftermath, as a society looking after and supporting those caught up through no fault of their own in such disasters. It should be about ensuring that the organs of the state do not use taxpayers’ money and their capacity to be defensive—that appears to be infinite—to prevent themselves from facing up to the truth of what has happened.
Edward Argar
I am grateful, as ever, to the right hon. Lady not only for her campaigning on behalf of her constituents and others, but for her ministerial career—the roles she held as Minister for Children, Minister for Northern Ireland and at the Ministry of Justice. What runs through that is her commitment to ensuring that those who are vulnerable, or who do not always have agency or a voice, are heard, and that their interests are respected and reflected in the actions of Government. I pay tribute to her. I also pay tribute to Lord Wills for not only his work but his evidence, as well as the meeting that the right hon. Member for Garston and Halewood and I had with him previously.
I am grateful to the right hon. Lady for her new clause 15. It would fundamentally alter the structure and operation of the IPA by establishing a permanent independent public advocate. She and I probably fall on opposite sides of the debate about a standing or an ad hoc IPA. She rightly highlighted the pros and cons on both sides of that debate. She falls on one side, and I fall slightly more on the other. I suspect that we may yet return to that debate.
There are many possible models for an IPA. The clauses in part 2 of the Bill introduce an IPA that reflects the model we consulted on in 2018, with the responses we received to it. We have heard from victims that a swift deployment of the IPA to provide support in the immediate aftermath is vital. Our view is that the IPA as proposed in the Bill achieves that, while balancing the need to be mindful of public funds and the right process to be followed after a major incident.
New clause 15 would establish a permanent IPA that could determine independently of Government that an event is a major incident. As has been previously set out, we do not think that a permanent body is necessary, given the rarity of the events in question for which the IPA would be deployed. Furthermore, we believe it is right and proportionate that the Secretary of State, who is accountable to Parliament, decides what a major incident is and when to appoint an IPA.
Should individuals disagree with the Secretary of State’s decision in respect of a particular incident, I would expect my fellow right hon. and hon. Members to make full use of their positions to hold the Government to account through urgent questions and similar means of bringing Ministers to the Dispatch Box.
Jess Phillips
I appreciate what the Minister is saying. I cannot foresee any incident involving even one death, certainly not one involving multiple deaths, after which pressure would not be brought to bear on the Secretary of State to do that. In essence, we are asking victims to do the work in the aftermath—they have to get in touch with their Members of Parliament and immediately start pushing. Their family has just been blown up or their kid has been shot, and we are saying that, first and foremost, they have to become political activists to get their Member of Parliament to represent them to the Secretary of State, rather than providing a place for them to go in that circumstance—which feels kinder.
Edward Argar
I do not think that is in any way what is being suggested; the hon. Lady misunderstands. Our view is that the accountability for making that decision should rightly sit with the Secretary of State, not with another party.
The right hon. Member for Garston and Halewood takes a different view. I respect her perspective and understand where she is coming from. She rightly acknowledged that there were pros and cons to both approaches. She believes that the pros of a standing advocate outweigh the cons. I find myself on the other side of that argument and I suspect we might return to it. A decision by the Secretary of State could in extremis be challenged through the court system, but we do not envisage that being necessary.
The IPA will be supported by a permanent secretariat; the Ministry of Justice has already allocated funding for that. Clause 25, which we will turn to, provides for an effective system of support for the IPA by making provisions for a secretariat and remuneration. We therefore consider that that aspect is duplicative in the amendment tabled by the right hon. Lady.
I turn to the definition of a major incident and the specific points that the right hon. Lady has included. Again, we do not believe it is necessary to include additional considerations in the Bill. Given the unpredictable nature of the incidents in question, the definition of a major incident is purposefully broad—one might say “permissive” in this context—and further detail can be set out in a policy statement, as I mentioned earlier, while providing a degree of flexibility given what might be a subjective decision and the nature of the circumstances. That will ensure that the Secretary of State has maximum flexibility to appoint an IPA to respond to a wide range of incidents.
Defining a major incident as proposed in the new clause could arguably require a finding of fact or a pre-judgment of cause before the IPA could be deployed, especially regarding proving a failure in health and safety or regulation. Again, there is a risk that that could cause delays in the support of the IPA reaching the victims as well as presenting wider legal issues for the IPA. We believe that the definition in clause 24 as it stands is the right one for primary legislation, but, as I have said, I will provide additional detail through a policy statement and will work with the right hon. Lady on that if she so desires.
I turn finally to requirement two, which the IPA, as the right hon. Lady envisions, would need to meet before supporting victims. That would necessitate the IPA gaining the support of 50% plus one of the bereaved and injured. I sympathise with the intention to involve victims in the process—I take the point about agency and trust. However, I cannot see how that might work in practice without potentially, in the immediate aftermath of an incident, delaying the deployment of the IPA. That would cause concern.
In the immediate aftermath, it is unlikely that all eligible victims could be easily identified and surveyed to ascertain whether they would want an IPA to be deployed. They might not even be in the right place mentally or emotionally to be able to engage with such a question. Furthermore, the number of victims might change over time, and people might withdraw their consent, so the quorum approach is not the best way to address the issue.
Victim engagement, agency and a sense of empowerment are, as the right hon. Lady says, vital. Those are good things, but they will not achieve what we seek: in the aftermath of a major incident, to carry the trust of people that the IPA is on their side. Although I understand its intent, our concern is that the new clause is not the best way to achieve that.
Question put and agreed to.
Clause 24 accordingly ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Fay Jones.)
Victims and Prisoners Bill (Tenth sitting)
Edward Argar ExcerptsTuesday 4th July 2023
(1 year, 5 months ago)
Public Bill CommitteesRead Full debate Victims and Prisoners Act 2024 View all Victims and Prisoners Act 2024 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 4 July 2023 - (4 Jul 2023)
The Minister of State, Ministry of Justice (Edward Argar)
I beg to move amendment 29, in clause 12, page 10, line 36, leave out “disclosure or”.
See the explanatory statement to Amendment 30.
Edward Argar
I will be brief. These amendments are part of a collection of minor and technical amendments that have been tabled across the Bill to ensure that consistent terminology is used in relation to data protection. These changes are primarily for the purposes of clarifying the provisions and ensuring that they work as intended; they do not constitute a policy change and are not intended to have substantive effects. The amendments in this group make changes to clause 12 to remove the term “disclosure” and insert
“within the meaning given by section 3 of the Data Protection Act 2018”,
to ensure consistency with existing legislation.
Jess Phillips (Birmingham, Yardley) (Lab)
That is absolutely fine. The amendment seems fairly minor, so knock yourselves out!
Amendment 29 agreed to.
Amendment made: 30, in clause 12, page 10, line 37, at end insert
“within the meaning given by section 3 of the Data Protection Act 2018”.—(Edward Argar.)
This amendment and Amendment 29 give “processing” of information the same meaning as in the Data Protection Act 2018. Processing includes disclosure and other uses of information, so there is no need to refer separately to disclosure.
Jess Phillips
I rise to agree with my hon. Friend the Member for Rotherham and remind the Committee that the Children’s Commissioner mentioned the Lighthouse what might be a record number of times; I am sure that Hansard would tell me one way or the other. The experts are telling us that the approach works and I have some experience of the alternative—when cases fall apart and children are completely unsupported. That still happens in the vast majority of cases, I am afraid, so I support the amendment.
Edward Argar
I am grateful, as ever, to the hon. Member for Rotherham for the amendment, which would include within the duty to collaborate the use of the child house model. Co-located, child-centred support services, including those delivered in accordance with the child house model, do excellent work in supporting child victims of crime. Like other Committee members, I recognise the work done by the Lighthouse. I also take this opportunity to pay tribute to the work done by Dame Rachel de Souza, the Children’s Commissioner, and her deputy Ellie Lyons, in campaigning for and highlighting the rights and needs of children.
The Government recognise the importance of the co-located child-centred support service, which is why we provided £7.5 million towards a pilot of the UK’s first child house, in Camden. Following that, we have published guidance for local partnerships that wish to introduce similar models for child victims in their area. The duty to collaborate aims to facilitate a more strategic and co-ordinated approach to commissioning and to improve the strategic co-ordination of services, so that all victims get the timely and quality support that they need.
The legislation requires commissioners to collaborate when commissioning services for victims of domestic abuse, sexual abuse and other serious violent offences. As we discussed this morning, it allows for flexibility for local commissioners to decide what services will best meet the needs of their population; that could include commissioning co-located services, exactly as the amendment suggests.
Listing in legislation the sorts of services that commissioners may or must consider is, I fear, slightly over-prescriptive—this goes back to the debates we have had about a number of amendments. I repeat what I said in those debates: it would risk excluding some of the other excellent service models that local areas may also want to commission, although I do not in any way diminish the huge impact that the child house model clearly has.
The duty also requires commissioners to consider any assessment of the needs of children when preparing their joint commissioning strategy. Statutory guidance will support commissioners in doing this, encouraging the co-production of services where appropriate and linking to the “Child House: local partnerships guidance” document. As the original draft Bill already allows local commissioners to adopt the approach where appropriate, we believe that it strikes an appropriate balance. I hope that the hon. Member for Rotherham might be persuaded to agree.
Sarah Champion
I thank the Minister for his warm words in support of the child house model. This was always a probing amendment. I hope that the commissioners listen to the Minister’s support for the model and act accordingly. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Jess Phillips
I just want to draw a comparison between services—for example, in the health service—that we fund and do not expect to get to crisis point. The best example I can ever think of is diabetes services. Imagine if the scheme in our country was that 10% of all people who have diabetes could access insulin and the other 90% could access insulin only at the point that they were about to die. That is the current situation with community-based services in domestic abuse services. If you fund crisis, you get crisis. If you fund prevention, you get prevention. That is simply the case at the moment.
We ration provision. We literally have a form for it, called the DASH—domestic abuse, stalking, harassment and honour based violence—risk assessment. A DASH risk assessment will be undertaken and you will be given a score—almost like, “How good is your domestic abuse?” We will come to some of these issues when we debate independent domestic violence advisers. From that score, a decision will be made about what sort of service you can access—not you, Mr Hosie; rather what sort of service “one” can access. I have seen DASH risk assessments where a woman has been hit repeatedly with a brick in the face and was not given a high risk of harm on her risk assessment. To be given a high risk of harm on a risk assessment, someone basically has to be at imminent risk of death. It is a bit like high risk in children’s social care; in the vast majority of the country, a parent basically has to have a knife to the child’s throat for the case to reach the threshold for any sort of children’s social services care.
Imagine if people got that kind of level with diabetes and we said, “You can have the insulin. There may be a service for you, but not necessarily,” and to everybody else who we could avoid elevating to the risk level of having been hit around the face with a brick, we said, “Go on this waiting list. Come back later. We’ll manage you in the community,” which basically means, “Go away until he knocks on your door 17 times with a machete and even then we won’t consider you high risk of harm.” Those are literal cases that I have handled.
I speak in absolute support of my hon. Friend the Member for Rotherham. I also want to make a broader point about funding. The Justice Committee’s pre-legislative scrutiny report said that around £40 million, if not more—I think that figure is correct, but I am more than happy to correct the record if I have got it wrong—is being allocated to legal aid access for people who do not like their parole decision. The Minister has stood up a number of times today and said that the way to get money is by going to the Chancellor and doing it through the financial systems, which of course was not the case in the Domestic Abuse Act 2021, because the money was allocated for the refuge assessment. The only money that is being allocated in this Bill is something that can be accessed by, for example, murderers but not by the people they would go on to murder.
Edward Argar
I fear that this is one area where I may not be able to bring the hon. Member for Rotherham with me. I will try but I suspect I may be out of luck on this one. I am grateful to her for the amendment and for the opportunity to debate this important matter.
To the point made by the hon. Member for Birmingham, Yardley about the Parole Board, my recollection of what the Committee and the assessment looked at was not additional new money being made available in the way she suggests for part 3 but not for part 1, but a recognition of the cost implications of those changes based on the current entitlements to legal aid and the way the process works.
Edward Argar
I take her point, but I add the nuance that it is not a case of new money being allocated. It is an assessment of the consequences of a legal entitlement that would exist in those circumstances.
To speak to the broader point, I agree with the hon. Member for Rotherham on the importance of sufficient funding for victims’ services and ensuring that, where we can, we also provide funding to commission services on a multi-year basis. That was one of the key pillars of the victims funding strategy. That reflected what I, when I was last doing this job, was told by the sector, and what the hon. Lady will have been told as well, about the challenge of small, short-term pots of money—a situation that results in a number of key staff spending most of their time not delivering the service but writing bids to try to collate enough to meet the financial needs of that service. The funding strategy recognises and reflects that, so the Government do recognise that, where possible, that should be the approach adopted.
Outside of legislation we are more than quadrupling funding for victims’ services—as a basket, as it were—by 2024-25. That funding is up from £41 million in 2009-10, and includes an additional £6 million per annum through this spending review period, which is provided directly to police and crime commissioners and ringfenced for domestic abuse and sexual violence services in response to increased demand. Through the Bill, we are creating a statutory duty on PCCs, integrated care boards and local authorities in England to collaborate when exercising their victim support functions for victims of domestic abuse, sexual abuse and other serious violent crimes. That will mean that support is better co-ordinated and more effective. Collaboration should also improve use of existing funds.
Monitoring of local need and provision provides Government with valuable intelligence and insights. To improve our understanding of demand and the impact of the services we fund, we have introduced through the victims funding strategy a core set of metrics and outcomes that are being collected across Government. The reality is, however, that this information is used to inform decisions made through the spending review process, which continues to be the right approach to setting Government budgets, as it recognises that there is a finite amount of taxpayers’ money and there are finite funds.
I would gently argue that individual Bills setting funding requirements in an unco-ordinated way is not the most appropriate or effective way to consider Government spending and prioritisation of funding in the round. I was going to say, “as a former Chief Secretary to the Treasury,” but I only did that job for 11 days—maybe that still counts. I would nevertheless argue that considering funding in the round during the spending review process is the right approach. Continued flexibility is required when considering funding levels, and I do not believe that fixing funding in primary legislation is the right approach in that context. I fear I may not carry the hon. Member for Rotherham with me on this one occasion, but it was worth a try.
Sarah Champion
I always have respect for the Minister and he is right: I understand the analysis he puts forward but I do not agree with it, because there are other examples where money is attached to a Bill. Although I think the Minister will have a fight on his hands with this, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn,
Question proposed, That the clause stand part of the Bill.
Edward Argar
Clause 12 introduces a joint statutory duty on police and crime commissioners, integrated care boards and local authorities to collaborate on relevant victim support services. As a result of the clause, we have for the first time a framework for collaboration when commissioning support services for victims of domestic abuse, sexual abuse and other serious violence that amounts to criminal conduct.
The duty focuses on child and adult victims of domestic abuse, sexual abuse and other serious violent crime, as they are particularly traumatic crimes for the worryingly high number of victims each year. It does not include accommodation-based services, which are covered by separate legislation under the Domestic Abuse Act 2021, as was alluded to by the hon. Member for Birmingham, Yardley. Victim support services are crucial for victims to be able to cope with and recover from the impact of crime. Across the three crime types, victims typically access a range of services from health, local authority services and policing bodies. At present, services are not always co-ordinated and victims can find them to be disjointed when moving between them. As a result of the clause, we expect the relevant authorities to consider the entirety of the victim support service pathway and strategically co-ordinate and target services where victims need them most.
Clause 12 should be considered alongside clause 13, which we are shortly to debate and which requires the authorities to prepare, implement and publish a local commissioning strategy. We expect this activity to lead to increased join-up between services, a common understanding of local need and systematic sharing of information, leading to more informed decision making in commissioning. The clause also enables the sharing of relevant information to support that duty. With that, I commend the clause to the Committee.
Jess Phillips
I do not have much more to say, as I made most of my comments around clause 12 in its entirety when moving amendment 80. We recognise the good intention of the provision, but feel it has some way to go to not just be words on goatskin, which is what I am always concerned about. Words on goatskin are all well and good, but when it comes to how this legislation acts in people’s lives on the ground, I think it still has some way to go—but the intention is obviously one that we would support.
Edward Argar
I commend the clause to the Committee.
Question put and agreed to.
Clause 12, as amended, accordingly ordered to stand part of the Bill.
Clause 13
Strategy for collaboration in exercise of victim support functions
Sarah Champion
I beg to move amendment 87 in clause 13, page 11, line 3, at end insert—
‘(aa) prepare an assessment of the needs of victims (including victims who are children or have other protected characteristics) in the area,’.
This amendment would require the relevant authorities in a police area in England to assess the needs of victims in their area.
Jess Phillips
I do not have much to say other than that I entirely support the words of my hon. Friend the Member for Rotherham.
Edward Argar
I am grateful, as ever, to the hon. Member for Rotherham for her amendment, which would require the relevant authorities in a police area in England to assess the needs of victims in their area and then take that assessment into account when devising strategies under the duty to collaborate. I already touched on that when debating an earlier amendment, so I will seek not to repeat myself—at least not too much—although, I am afraid that some of the arguments will be the same.
The Government agree that needs assessments are vital in informing local commissioning decisions, and relevant local needs assessments that indicate the needs of victims already happen regularly as part of good practice. The Ministry of Justice provides police and crime commissioners with grant funding to commission practical, emotional and therapeutic support services for victims of all types of crime in their local areas. In order to achieve that and to know which services are required, PCCs are expected to carry out needs assessments that will allow them to target the funding and ascertain the level of need and demand in their area.
There are also several other needs assessments that local commissioners carry out, which give an assessment of the needs of victims. They include, but are not limited to: the serious violence joint strategic needs assessment, which indicates levels of serious violence and the volume of victims in an area; the public health joint strategic needs assessment, carried out by local authorities and health and wellbeing boards, which sets out social care and public health needs; and safe accommodation needs assessments, which give an indication of the number of domestic abuse victims requiring safe accommodation in an area.
We have been clear with commissioners in the victims funding strategy that needs assessments are a central pillar of commissioning victim support services. To do that, the victims funding strategy sets out a clear expectation that commissioners carry out regular needs assessments using all the data required to commission appropriate services for victims in their areas, including victims with tailored needs.
Sarah Champion
The amendment is very specific about children, so would the Minister touch on that, please?
Edward Argar
I reassure the hon. Lady that I will turn to that. I have a little more to say, though not too much. To ensure that the victims funding strategy is improving commissioning practices and outcomes for victims—all victims, including adults and children—we will set up a cross-Government oversight board, which I have mentioned, to monitor delivery against the strategy. I am encouraged by the engagement with commissioners and providers to date, which indicates that the standards set within the victims funding strategy are being upheld, but we will of course continue to monitor adherence to those standards.
The duty to collaborate aims to ensure that the relevant authorities come together to utilise all the relevant needs assessments that I have set out when commissioning services for adults or children, as well as any other relevant data or information. Clause 13(3) requires the relevant authorities to have regard to any needs assessments that they have already carried out in respect of the needs of particular groups of victims when preparing their joint strategy. Statutory guidance for the duty will clarify that, when commissioning, the relevant authorities are expected to set out in their joint commissioning strategy how they have had regard to the relevant needs assessments, and how commissioning decisions aim to meet the identified needs of different groups.
We fear that placing that in legislation would be duplicative of existing practices that currently work effectively, and which our duty to collaborate will only enhance. Indeed, by virtue of the relevant commissioners under the duty working together, assessing existing needs and publishing their commissioning strategies, they will build up a clear picture of the local landscape of victims services and the local populations. The strategies will then clearly set out how they will, over the coming period, deliver a more joined-up and effective service for victims, including child victims.
I am happy to work with the hon. Member for Rotherham to identify the benefits and drawbacks of the current system. As I set out earlier, I continue to reflect on the points that she and the Domestic Abuse Commissioner made about joint strategic needs assessments, which shades into what I believe the hon. Lady is seeking to get at with the amendment.
Sarah Champion
I thank the Minister for his offer to collaborate on this. I have been working with the NSPCC, which has much more experience than I do, so we would gratefully accept the offer, and on that basis I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Jess Phillips
I entirely endorse and support the amendment. As someone who was in charge of fundraising for a small community-based organisation, I know that the amount of money wasted getting in human resources experts is significant. It happened to me on a number of occasions: it would roll around to December and people would be put on notice just before Christmas—because of the financial year, staff can be given three months’ notice at Christmas, which is always a really cheerful thing to have to do as a boss of one of these organisations.
I also point out that the problem has been exacerbated by the current delays in both the policing and the court-based systems. That adds a new flavour for domestic abuse community-based services or sexual violence community-based services. Yesterday, I was interviewed by police in a case. Hilariously, the police officer said to me, “Are there any dates you might be on holiday?”, and I said, “Well, I’m going away in August,” and I thought, “Hope springs eternal—it will be August 2025 before I see the inside of that courtroom.”
The situation is that a victim could come forward, go through the process with the police and the charge could take a year, let alone the court time taking another two years. The lack of continuity of even the same service, let alone the same person, still being in place because of the way short-term contracts in this space work is exacerbated by delays in the system. We have to skin the cat we have, and that cat is one of delay in this process. Three years from complaint to end on anything that would be seeing the inside of a Crown court is standard at the moment, so the very least we should seek to do is ensure that at least three-year contracts are provided in this space.
Edward Argar
We touched on a number of the elements that I am going to talk about when we debated amendment 83, which the hon. Member for Rotherham moved earlier, so I will be relatively brief. I agree with her on the importance of sufficient funding for victims’ services and ensuring that, where we can, we provide the funding to commission services on a multi-year basis.
The shadow Minister, the hon. Member for Birmingham, Yardley, is right to highlight the challenges: not only the demand pressures on a charity or a service provider but the fact that those most experienced at meeting that demand and providing the service are often the people who have to sit writing the responses to the invitations to tender or bids. I say that as someone who, before coming to this place, was a trustee of an environmental-regeneration employment charity. The challenge is having certainty of income and also a diversity of income streams, so that the charity can insure itself against any one of them suddenly saying it will no longer provide funding.
It is absolutely right to highlight the fact that individuals invest not just money but time, and that the work is often done outside office hours because they are at work during working hours and spend their evenings doing it. I visited a project in north-west London a little while ago and had exactly that conversation with some of the trustees and the senior staff there. Without a degree of certainty on funding, where that is possible, the challenge is not only the effort of constantly bidding for it but the risk of losing good people who, however passionate and however much of a vocation it is for them, often want at least a degree of predictability in their lives so that they know they can pay their bills.
Amendment 84 seeks to ensure that commissioned services are given contracts or grants for a minimum of three years. As I just alluded to, I recognise the importance of sustainable funding for victim support services and how it can affect the reliability and consistency of services. We listened to service providers, who told us that single-year funding presented the biggest challenge to them in delivering support for victims, and we have already committed to multi-year funding, where possible, outside legislation. We have committed £154 million per annum of our victims budget on a multi-year basis across this spending review period, totalling a minimum of £460 million over three years.
Multi-year funding will allow for greater staff retention, opportunity for services to innovate and invest for the long term in the services they are able to provide, and— to the point made by the hon. Member for Birmingham, Yardley—allow victims to receive a greater degree of consistency and continuity in the support they need, particularly when they have begun to build up a rapport and trust with those with whom they are working. That is why we have put multi-year funding at the centre of our victims funding strategy, in which we reaffirmed that commitment and set out an expectation for all commissioners to pass multi-year commitments on to their providers.
Jess Phillips
I completely support the amendment and just wish to say that although I and others will talk about the lack of available support services for victims of domestic and sexual violence more broadly, there is no group more populous and more poorly served than children. The idea that children’s services would not be included seems bizarre, and the argument has been eloquently put.
Edward Argar
I thank the hon. Member for Rotherham for her amendments, which would require the relevant authorities to consult victims who are or may be receiving support services when they prepare their strategies. I also take the opportunity to pay tribute to the work of Claire Waxman, whom the hon. Lady rightly mentioned. I have a huge respect for Claire Waxman. We do not always agree on everything, but she is a formidable and passionate campaigner in this space and she manages to do that and achieve results while being an incredibly nice person as well. She is incredibly successful in what she does and I wish her continued success—albeit perhaps not in every aspect, because sometimes she will push me a little too hard. We should all be grateful to her for her work.
Amendment 85 would require the relevant authorities to consult providers of support services for child victims, as well as victims directly, when they prepare their joint strategy. I will address the two parts of the amendment in turn. I agree that engagement with the providers of services for child victims can provide valuable insight into local decisions, including on how commissioning is likely to impact victims, communities and the capacity of organisations to provide support. Our view is that the Bill already meets that objective. Clause 13(2)(b) requires the authorities to consult
“persons appearing to the relevant authorities to represent persons providing relevant victim support services”.
I am happy to make it clear to the Committee that that includes the providers of services for child victims.
Furthermore, we intend for statutory guidance to set out in more detail how relevant authorities can ensure that child victims’ needs are met. That is intended to include how they can engage directly with victims if they consider it appropriate to do so, and take into account the views of providers and experts in the sector. I am happy for the hon. Member for Rotherham to give her thoughts on what that statutory guidance should contain, based on her work with the NSPCC and other organisations; as on other aspects of the Bill, I will work with her to see whether we can create something that works. Although I agree with the objective behind the first part of the amendment, we do not consider it necessary.
The second part of the amendment would require the authorities to engage directly with victims. I agree that they should take into account the views of victims when they prepare their joint strategy. That is why clause 13(2)(a) requires them to consult those representing the interests of victims and clause 13(2)(c) gives scope for them to engage directly with victims if they consider it appropriate to do so. Again, we intend for the statutory guidance issued under clause 14, which we will turn to shortly, to make that clear and set out in more detail the considerations that should be taken into account by the authorities when deciding who they should engage with, as well as our expected standards and process for consultation.
In addition, clause 13(3) requires authorities to have regard to any assessments of the needs of victims, including child victims, and the relevant victim support services that are available in the police area. The measures in the clause, taken together, ensure that the voices of victims and the expertise of victim representatives will be considered when the joint strategy is prepared. I do not believe that the second part of the amendment is necessary, given the extant clauses and subsections.
Amendment 81 would require the relevant authorities to consult victims who are, or may be, receiving support services when they prepare their strategies. I agree that is an important issue. Clause 13 already sets out that the relevant authorities—police and crime commissioners, integrated care boards and local authorities in England—must consult persons who represent the interests of victims, those who provide relevant victim support services and other persons the relevant authorities consider appropriate. That not only requires consultation with those who represent victims’ voices but gives ample scope for the relevant authorities to engage victims directly when they consider it appropriate to do so. We intend for the statutory guidance issued under clause 14 to set out in more detail what commissioners may want to take into account when they consider their duty to consult, including how to engage with victims effectively and, importantly, in a trauma-informed manner.
Engaging with victims to better understand their experiences in accessing services is undoubtably beneficial to the improvement of commissioning and outcomes for victims. Alongside allowing for direct engagement with victims themselves, clause 13 requires the relevant authorities to consult persons who represent victims. That is because some victims may prefer to be represented by another body—an advocate, a campaigner, a charity or a service provider—and we believe the legislation should be flexible enough to allow for that. We do not want to disadvantage victims who do not have the resources, autonomy or confidence to speak up for themselves. We should also recognise that there are organisations that are experienced in taking views from a representative spread of victims, feeding back to commissioners, and ensuring those views are heard and are useful in the commissioning process.
I hope I have given the hon. Lady some reassurance that we believe the clause already covers what she seeks to achieve.
Sarah Champion
I wonder whether the Minister will give a bit of clarity. A lot of the solutions he is setting out are based on the statutory guidance; will we get draft statutory guidance before the Bill receives Royal Assent, or will it only come afterwards?
Edward Argar
As with other elements, such as the draft victims code, or the draft draft victims code, and the guidance, my intention—I suspect we will come to that when we discuss independent domestic violence advisers and independent sexual violence advisers—is that where possible we will publish as much statutory guidance in draft while the Bill is going through the House. That is facilitated by the fact that this is a carry-over Bill, so there is more time for right hon. and hon. Members to engage with the guidance. It will also inform the latter stages of the Bill’s passage through this House and the other place.
Sarah Champion
The Minister referred to the draft draft victims code consultation, but we have been unable to find that, so will he share it with the Committee?
Edward Argar
Through the Chair and if appropriate, I will ask my officials to communicate via the Clerk where that can be found, so that it can be circulated to Committee members for their information as we continue our deliberations. On that basis, I ask the hon. Lady to consider withdrawing her amendment.
Anna McMorrin
I will refer to amendments 15 and 16 together. The clause outlines that relevant authorities in each police area must prepare a strategy for victim support services. Such collaboration is welcome, but there is one glaring omission: the Victims’ Commissioner.
In previous amendments, we have debated proposed increased powers for the Victims’ Commissioner, who is the one who voices the concerns of the voiceless—the victims. It is therefore imperative that, in the strategy preparation, the agencies must include guidance from the Victims’ Commissioner and consult that office. Only then will victims really have an independent voice advocating for them right down to the local level, where victims will see that most genuine change and impact.
The commissioner’s office can consult on best practice from the very beginning, guiding the authorities to make the meaningful change that the Minister wants the Bill to introduce. It is essential that the Victims’ Commissioner is consulted when the relevant authorities are preparing their strategy for collaboration on victim services; that is why I moved this amendment and tabled amendment 16. I am sure that the Minister will agree that that is needed in the Bill and that this oversight is simply an error that can be easily fixed.
Edward Argar
I am grateful to the shadow Minister for her amendments and for her exposition of them. I agree with her on the importance of local areas reflecting the views and expertise of those representing the interests of victims when preparing and revising their strategies.
The amendment would require consultation with the Commissioner for Victims and Witnesses when preparing local strategies, but I stress the existing requirement for the relevant authorities to engage with those who represent victims and providers, as well as other expert organisations. The clause deliberately does not specify any persons or organisations, to avoid being overly prescriptive.
As a—if not the—leading figure representing victims, we expect local areas to consult the commissioner when preparing their strategies, unless there is a justifiable reason not to do so. We intend the statutory guidance issued under clause 14 to set out who local commissioners might want to consider engaging with, as well as the standards and process for consultation. We believe that that will reflect whom we think should be consulted, but leaves sufficient flexibility, rather than placing a limiting or prescriptive list in primary legislation.
Amendment 16 seeks to require the relevant authorities to have regard to any guidance prepared by the commissioner. We intend the statutory guidance to set out clearly how we expect the relevant authorities to consider commissioning best practice and how to meet the needs of those with protected characteristics. That includes paying due regard to relevant research and reports published by key stakeholders, including the commissioner.
In developing the guidance thus far, the Ministry of Justice has engaged extensively with other Departments, local commissioners, experts and the victim support sector. I am grateful to all who have provided valuable input, including the Office of the Victims’ Commissioner. In light of that and given that we believe in being permissive rather than prescriptive in primary legislation, we think statutory guidance represents the appropriate balance in this space. I encourage the shadow Minister to consider not pressing her amendments.
Anna McMorrin
I am grateful to the Minister for setting that out: what will be said in statutory guidance and his explanation for deliberately avoiding a prescriptive list in the Bill. However, a reference to the Victims’ Commissioner is the core essence of what the Bill is about. Certainly part 1 is about giving a voice to victims, which is within the remit of the Victims’ Commissioner. I beg him to look at this again, and to be more prescriptive within the statutory guidance to ensure that there is a deliberate reference to the Victims’ Commissioner for those relevant authorities. Would he consider that?
Edward Argar
I am always happy to consider the suggestions put forward by the hon. Lady.
Anna McMorrin
I thank the Minister for that. I will not push the amendment to a vote, but hopefully we will work together on the statutory guidance. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Jess Phillips
I do not have anything to add to what has already been said. I agree with my hon. Friend the Member for Rotherham.
Edward Argar
I am grateful to the hon. Member for Rotherham for her amendment, which, somewhat like amendments 87, 88 and 89, would require relevant authorities for a police area to conduct a joint strategic needs assessment to inform the strategy for commissioning victim support services as part of the duty to collaborate. I am also grateful to her for highlighting that she has approached this as a probing amendment. I will respond to it in that vein, noting again the context of my previous comments about her broader calls for a JSNA.
The Government agree it is vital that relevant support services fit the local needs of victims, and that victims’ needs form the centre of any commissioning decision. Current systems are created so that commissioners place the victim at the heart of commissioning, enabling a bespoke approach rather than a one-size-fits-all approach set nationally.
PCCs are able to allocate the grants and funding supplied by my Department based on relevant needs assessments, which already happen as part of good commissioning processes. Those assessments enable PCCs to target funding into practical, emotional and therapeutic support services for victims of crime, where it is most needed in their area. PCCs, local authorities and integrated care boards are also required to carry out a joint strategic needs assessment under the Police, Crime, Sentencing and Courts Act 2022, which should indicate the level of serious violence and the number of victims affected.
Both domestic abuse and sexual abuse are now considered forms of serious violence—and in my view, rightly so. Local authorities and integrated care boards also already carry out separate assessments that indicate the needs of victims, including the needs assessment under part 4 of the Domestic Abuse Act 2021, which sets out the needs of victims in accommodation-based services, and the JSNA that informs the public health and wellbeing strategy.
Clause 13(3) requires PCCs, local authorities and integrated care boards to have regard, when preparing their joint strategy, to any needs assessments that they have already carried out and that reflect the needs of victims. Statutory guidance will state that relevant authorities should then set out in their joint commissioning strategy how they have had regard to the relevant needs assessments and how commissioning decisions aim to reflect and to meet the identified need.
Sarah Champion
I pause the Minister at the point of the black hole that he may well be about to backfill. If, in doing the assessment, the authorities found a big gap in provision in, say, Muslim women’s support services, would they then have to fill that gap and provide those services or would they just say, “Oh, that’s awful; we have a big gap in those services”?
Edward Argar
As I have said in previous responses, the funding is finite. There is a degree of flexibility—not total flexibility, because there are, as she will be aware, some ringfenced pots for police and crime commissioners to address specific needs. They also have their core funding. It is down to them to determine how they spend that funding and that finite pot of money, but having regard to the work that they have done in terms of needs assessments. To be blunt, they cannot spend what they do not have. They have a finite pot, so they will have to determine how that is most effectively used to meet the needs that they have identified.
The victims funding strategy, which we published in May last year, also sets a clear expectation that commissioners should carry out regular needs assessments using all the data required to commission appropriate services for victims in their area, including victims with tailored or specific needs. Due to the recent publication of the victims funding strategy—notwithstanding its genesis back when the hon. Lady and I talked about it in 2018, pre pandemic—we are still in the relatively early stages of assessing its impact and the pull-through into what happens on the ground.
For those reasons, I am not convinced that the amendment is required to clearly state that joint needs assessments must be considered at this stage. However, I understand the points that the hon. Lady made and, as always and as I have said more broadly in the context of needs assessments, I am happy to converse with her and look to work with her as we go forward.
Sarah Champion
For me, this amendment comes back to the idea that “you only know what you know”. My concern is that if the Minister, the Secretary of State, is clear that this assessment needs to be done and if gaps are found, there is the need to fill those gaps; I still do not have the assurances.
I am thinking of situations where, for example, English is not someone’s first language or they need British Sign Language, or where there are cultural issues and someone wants a culturally sensitive service. I would welcome the opportunity to work with the Minister. The amendment layers on to others that have come previously, which may well be put to a vote at a later point, so I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Jess Phillips
I was the chair of the west midlands police and crime panel, so I suppose I will say that in that role I would have been more than happy to undertake this particular piece of work. The truth is that we count what we care about and we try to ignore everything else. If I were to think about all the different strategies and timeframes for schemes that were meant to be better for victims that I have come across in my 20 years in this area, I would say that they are just sitting on a shelf gathering dust and have meant absolutely nothing on the ground. It would be a very high number—more than the number of amendments tabled by my hon. Friend the Member for Rotherham, but only just. The truth is that unless we have a proper scrutiny function, albeit from the Victims’ Commissioner nationally or through a local situation—as my hon. Friend said, she has basically designed a system that could work perfectly well—my worry is that we will get a lot of nice words saying, “Of course we are going to ensure that all our mental health services are trauma-informed.” It is just words; it does not mean anything on the ground. We need some level of scrutiny on specific outputs, key performance indicators, timeframes, what is improving and what needs to be improved.
This is not about criticism. Domestic homicide reviews, serious case reviews and all the systems we put in to scrutinise post-something terrible happening to somebody or some terrible crime have become a bit of a blame game that, at times, can freeze people into inaction. It should be a process of scrutiny for the good and the bad, for a genuine conversation and for Government to be able to say, “This doesn’t seem to be working. What needs to happen across the country for it to work?”, so I absolutely support the amendment.
Edward Argar
I am grateful to the hon. Member for Rotherham, as ever, for her amendments. Amendment 86 would require the relevant authorities to publish an annual report about the implementation of the strategy and their compliance with the duty to collaborate in the exercise of victim support functions. New clause 9 would establish a review of compliance with the collaboration duties in clauses 12 and 13 and add a layer of accountability to oversee the new duty by requiring police and crime panels to keep under review how the relevant authorities that provide services in their area are doing so in accordance with their collaboration duties under clauses 12 and 13.
I seek to reassure the hon. Lady that the existing requirements of the duty to collaborate will achieve a high level of transparency and the Government have a plan for an effective system of oversight for this duty, which I will set out. The relevant authorities—police and crime commissioners, integrated care boards and local authorities in England—will already be under an obligation to publish, review and revise their commissioning strategies, including publishing any revised versions or revisions. This is to ensure transparency, as the strategies must contain information on how they consider they are fulfilling or intend to fulfil their duty under clause 12. We intend these strategies to be assessed by the national oversight forum, about which we have spoken previously in Committee and which was announced in our consultation response in 2022. This ministerial-led group will scrutinise the local strategies, assess the effectiveness of collaboration and how well the duty is executed. It will have an ongoing role in monitoring the performance and outputs of local strategies against the objectives that local areas have set.
Under clause 13, local areas must review and revise strategies from time to time so that they reflect the changing commissioning landscape and emerging local need. We expect strategies to be reviewed annually and revised fully approximately every four years. That is an expectation we will test in practice when we consult formally on the statutory guidance in due course. At the point of review and revision, the oversight group will have oversight responsibility to consider whether the next set of objectives set by local areas are ambitious and deliverable. I therefore contend that requiring an additional annual report as intended by amendment 86 is to a degree duplicative of the extant intentions under the clauses.
Sarah Champion
At this point, does the Minister have details of who will be on the oversight board?
Edward Argar
It is something that we continue to work through. I have alluded in previous comments to some of those whom we hope will be engaged—the Victims’ Commissioner and others—but if it is helpful, in the spirit of sharing what we have, even as a working document as we work our way through the Bill, I am open to considering sharing that as well with members of the Committee.
Edward Argar
In that context, I will gently say—and this may be a little less consensual than what I would normally say—that one of the people on the group will be the relevant Minister, but I fear that Opposition Members may have a long wait before that will necessarily apply to them. They may take a different view. On new clause 9, I agree with the hon. Lady—
Edward Argar
Not on that! I agree with the hon. Member for Rotherham on the importance of ensuring appropriate and robust oversight and monitoring of the duty to collaborate. I hope to reassure her that many of her proposals are satisfied by our existing clauses and the Government’s existing plans. Where we have taken a different approach from her recommendations, I will explain our reasoning.
The purpose of the duty is to create a framework that facilitates local collaboration and leads to more targeted and joined-up local commissioning that meets local needs. The measures we are introducing to achieve that are as framed in clauses 12 and 13. As I have said, we will be setting out plans for that clear system of oversight, which we think is essential to ensuring that it meets its aims. The details of that will be set out in statutory guidance. That oversight group will have an ongoing role in monitoring the performance and outputs of local strategies against the objectives that local areas have set. As I have alluded to, under clause 13 local areas must review and revise strategies from time to time.
I turn briefly to potential membership of that group, to put a little gloss on it that might help to inform any feedback the hon. Lady subsequently wishes to give. It needs to have a representative membership that represents and scrutinises the relevant authorities—police and crime commissioners, integrated care boards and local authorities. Those people will need to have the right seniority to discuss and take decisions on issues relating to the three crime types included in the duty: domestic abuse, sexual abuse and other serious violent offences.
As well as Ministers and senior representatives from the relevant delivery authorities that have the ability to scrutinise local plans, it is important that we are able to bring different perspectives to the discussions. In the case of police and crime commissioners, that could include representatives from police and crime panels or, for example, the Association of Police and Crime Commissioners. We continue carefully to consider what representation may be required and I am open, as ever, to working with the hon. Lady on that.
The statutory guidance will set out clear advice on what form the national oversight structure will take and how the relevant authorities can participate and engage with it. I believe that this national oversight system will be effective, proportionate and less complex than alternative models. I am afraid I do not share the perspective that police and crime panels should take on oversight responsibilities to keep the relevant authorities under review in relation to the duty, and prepare and publish the annual report. I will set out my reasons and rationale for that.
First, the bodies that the hon. Lady would like police and crime panels to scrutinise are subject to different individual accountability arrangements. Under this duty, the Secretary of State will issue guidance to integrated care boards, PCCs and local authorities in relation to their collaboration duties under the Bill. While PCCs are scrutinised by those panels, and can be in respect of any of their functions, they, together with local authorities, are ultimately held to account at the ballot box—I suspect we would all hope to see higher turnouts in elections for those important offices, given the functions they perform, but it is of course the choice of our constituents as to whether they vote.
Secondly, it is important to stress that this is a joint statutory duty placed equally on police and crime commissioners, integrated care boards and local authorities. Victims of domestic abuse, sexual abuse and other serious violent crimes typically access a range of services across health, local authority services and policing provision. That is the primary reason why our duty to collaborate is a joint one.
Police and crime panels are rightly focused on scrutinising the relevant PCC on any decisions and actions taken in connection with the commissioner’s role—again, including this new addition to their obligations—but they do not have scrutiny powers over local authorities or integrated care boards. The proposed clause would therefore require going beyond the role, function and powers of the panels. It would also potentially infringe the independence and respective scrutiny arrangements of the other bodies under the duty. The Government currently have no plans to review the role and powers of police and crime panels or to change their remit.
I turn to the hon. Lady’s recommendation for police and crime panels to publish and prepare an annual report setting out
“how the relevant authorities are fulfilling their duties under section (12) and (13)”,
in particular how they are assessing the needs of victims, meeting the needs of victims and collaborating to represent the interests of victims. The new clause asks police and crime panels to publish that annual report setting out how relevant authorities are fulfilling their duties, in particular addressing those key points that I have highlighted. I would argue this additional layer of oversight is, again, not strictly necessary, given the extant obligation on these authorities to publish their commissioning strategies, and given the statutory duty for those strategies to contain information on how they consider they are fulfilling, or intend to fulfil, the collaboration duty under clause 12.
Edward Argar
The purpose of clause 13 is to improve how support services for victims are planned locally. Clause 13 requires the relevant authorities to undertake certain activities as part of their duty to collaborate, as set out in clause 12.
Police and crime commissioners, integrated care boards and local authorities within a police area are required, first, to prepare, implement and publish a joint local strategy, setting out how they consider that they are fulfilling, or intend to fulfil, their duty to collaborate in relation to victim support services. Crucially, by ensuring transparency and a better understanding of the aims and approaches of each commissioning area, the strategy will be expected to demonstrate how commissioning areas work together, what their approaches are to commissioning and how their decisions will meet the needs of their community.
Secondly, the strategy must be informed by certain activities, including existing assessments of victims’ needs—including children and those with protected characteristics —and the views of those representing the interests of victims and service providers, ensuring that strategies are developed with the necessary information and the right expertise. Importantly, more effective use of existing joint needs assessments should help to build an improved understanding of local need, and therefore more targeted commissioning activity and better decision making.
Thirdly, the strategy will be reviewed and revised from time to time so that it reflects the changing commissioning landscapes and emerging local need. By increasing collaboration, we expect that local strategies will lead to changes in commissioning processes, including reduced duplication through increased joint working; a common understanding of local need and effective provision; and transparency, including on how decisions are informed by consideration of needs assessments. As a result, victims should experience a more joined-up pathway, resulting in quality support enabled by better co-ordinated and targeted local use of resources and interventions, and timely support facilitated by better joining up so that victims can more seamlessly move between services.
Clause 14 requires the Secretary of State to issue guidance that will support PCCs, integrated care boards and local authorities in carrying out the duty to collaborate. It requires them to have regard to this guidance when discharging their duties under clauses 12 and 13. The guidance will cover topics such as how collaboration is expected to work in practice, information on strategy development and content, and how we expect areas to monitor the impact of the duty.
The clause also requires the Secretary of State to consult relevant stakeholders, such as local commissioners and providers, when drafting the guidance, so that it is useful and reflects the operational reality. The clause is important because it ensures that commissioners are clear about what is expected of them and can carry out activity in a consistent way across England. We anticipate that persons who interact with the bodies subject to the duty will also look at the guidance to understand the expectations for the bodies. Following parliamentary passage of the Bill, we expect to formally consult on the guidance and plan for implementation as soon as practically possible. I commend that clauses 13 and 14 stand part of the Bill.
Jess Phillips
Clause 13 says that relevant authorities will collaborate on a strategy on aims and approach to commissioning, and that they must engage victims and those who represent victims; again, this must mean specialist service providers for victims—and by that, I mean that those service providers must be specialist. The clause also states that authorities must base their strategy on the needs of victims. We would clarify that this must be according to need. In order for areas to understand their local need, they must consider the volume of victims, the cohort and characteristics of victims, and the impact on victims. The authorities must have all that information, as a needs assessment can only truly be made if we know the facts first; otherwise, it is based not on any understanding, but on perception.
When it comes to gendered violence, the lack of data is a massive issue. It is an issue that is beyond the parameters of this debate, but as we make new law, as we are doing today, we should try to address it. Data is really important to how we do a needs assessment because, I am afraid to say, so much is missing. Take, for example, the outrageous lack of data accessible to fully investigate and comprehend the relationship between protected characteristics and gendered violence. The Femicide Census tells us that in 79% of cases where a woman was murdered by a man during the period of 2008 to 2018, the ethnicity of the victim was not recorded. Although the Office for National Statistics provides an analysis of homicide offences by “ethnic appearance”, the data is not broken down by gender. This must change. We need to make sure that when we are putting together strategies and needs assessments, they are based not on assumptions but on facts. I fear that the current data collection situation, both nationally and locally, does not allow for that process to be as good as it could be.
We are fine for clauses 13 and 14 to stand part of the Bill.
Edward Argar
I am grateful to the shadow Minister, particularly for her comments on data. I may not quite be Mystic Meg, but I sense some possible future amendments or at least a debate on this matter when we reach Report stage. I am happy to engage with her on this in the interim, and I am grateful for her support for the clauses.
Question put and agreed to.
Clause 13 accordingly ordered to stand part of the Bill.
Clause 14 ordered to stand part of the Bill.
Clause 15
Guidance about independent domestic violence and sexual violence advisors
Sarah Champion
I beg to move amendment 57, in clause 15, page 12, line 5, at end insert—
“(c) independent stalking advocacy caseworkers”.
This amendment would ensure the Secretary of State must also provide guidance around stalking advocates, rather than limiting to ISVAs and IDVAs.
Jess Phillips
Absolutely. A case that I handled very recently was a post-separation issue, but was not at the relevant risk level. As I said earlier today, a person has to be at incredibly high risk of harm to be allocated an IDVA who will take them through the criminal justice system, or they have to be going through the criminal justice system.
In the case that I handled, a person broke up with somebody who, six months later, started turning up at her place of work. The victim then went to the police station and said, “This is my ex-partner,” but she could not point to any particular history of abuse or anything that had been criminal at the time. She said, “He’s now turning up at my place of work and sending me messages on Facebook,” but that is not at the level that will get anyone access to an independent domestic violence adviser. I immediately said, “Do you have a stalking protection order in place?” She said, “What’s a stalking protection order?” She had been to the police, but she did not have a specialist advocate with her, or even just somebody telling her what question to ask. She now has a stalking protection order in place, because she knows what one is.
There is a need for specialist advocacy in cases that will never breach the criminal space of domestic abuse or the risk level that would allow for an IDVA. That is very important, because those cases can still be criminal without ever touching the desk of one of those agencies. I therefore totally support my hon. Friend the Member for Rotherham, and I imagine that the Secretary of State for Justice may agree with us.
Edward Argar
I am grateful to the hon. Member for Rotherham for amendments 56 and 57 and grateful to her and the shadow Minister, the hon. Member for Birmingham, Yardley, for this debate. The amendments would expand the Bill’s requirement for the Secretary of State to issue guidance on ISVAs and IDVAs so that it also included independent stalking advocacy caseworkers. Specialist stalking services, including independent stalking advocacy caseworkers, do vital work to identify risk and provide practical guidance and safety advice for victims. They can help victims to navigate the criminal justice system. The hon. Member for Lewisham East was right to highlight that this crime can affect children as well as adults, and we should not forget that.
The Government are committed to protecting and supporting victims of stalking. The hon. Member for Rotherham was right to highlight the huge impact that stalking can have and the trauma that can result, and the shadow Minister was adroit at gently reminding me of my boss’s views and work on this subject in the past. For example, the Government introduced stalking protection orders in 2020, and almost 1,000 were issued in the first 23 months. The Home Office also continues to part-fund the national stalking helpline, which is run by the Suzy Lamplugh Trust, to which I pay tribute, and provided £160,430 between April 2022 and March 2023. We have also provided funding for police-led projects to tackle the behaviour of stalkers and thereby provide greater protection to victims. In May, we announced awards to 10 police and crime commissioners to fund perpetrator interventions, wholly or partly, between April 2023 and March 2025.
In the Bill, we have chosen to focus on guidance for ISVAs and IDVAs because the consultation highlighted that greater consistency and awareness of ISVAs and IDVAs was particularly needed, especially given the number now working across the sector. We believe that that can best be addressed through statutory guidance. I agree that independent stalking advocacy caseworkers, or ISACs—I may just stick to the full wording—are important and can be just as effective, but we are not yet convinced that Government intervention by way of statutory guidance is necessary on the basis of the evidence that we have seen thus far. We do not feel that there is the same pressing need to drive further awareness and consistency of the roles, given the degree of consistency that exists.
I am, however, open to working with the hon. Member for Rotherham—and with the shadow Minister if she wishes to join, as I suspect she might—to continue to reflect on and consider how and whether Government support to independent stalking advocacy caseworkers can be improved. But I also believe that it will be important to assess the impact and effectiveness of the guidance on ISVAs and IDVAs, subject to the passage of the Bill, before considering whether to extend it to other groups in the same format. As I say, I am happy to engage with the hon. Member for Rotherham in that respect.
On the point about hierarchy or the lack thereof, I reassure the hon. Lady that guidance for ISVAs and IDVAs should not be taken to indicate any sort of funding or other hierarchy of them over independent stalking advocacy caseworkers or any other type of specialist support. Funding decisions for different types of support are made by local commissioners based on their assessment of the local need, and the guidance on ISVAs and IDVAs will be explicit that there should be no presumption of a hierarchy when it comes to those funding decisions.
Sarah Champion
I just want to re-read the statistic that victims not supported by an advocate had a one-in-1,000 chance of their perpetrator getting convicted, compared with a one-in-four chance for those who had a stalking advocate. The Minister knows that pretty much all my time in Parliament has been spent trying to prevent abuse. This seems a very worthy investment and a very worthy amendment to the Bill. I will grab with both hands the opportunity to meet him and understand why he does not, at this point, agree.
Sarah Champion
I am happy to go to a beach somewhere. At this point, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Jess Phillips
It does seem like a hierarchy. Obviously, I won the argument on that, but that was what I was initially told. There are many examples of why this is a problem.
Studies have shown that disabled women are twice as likely to experience domestic abuse. They are also twice as likely to suffer rape and sexual assault. Yet, the charity SafeLives’s multi-agency risk assessment conference data shows that, nationally, only 3.9% of referrals are disabled victims. Disabled women are four times more likely to report abuse by multiple perpetrators and to experience abuse for longer. Disabled women are more likely to experience abuse by a family member than non-disabled women. Stay Safe East is a user-led specialist organisation supporting disabled victims, and its experience with clients mirrors those harrowing statistics.
Disabled victims may also face specific forms of domestic abuse or their circumstances or impairment being weaponised against them—for example, control of food or drink or medication, withdrawal of care, restricting access to disability equipment, restricting access to other professional advice or help, theft of benefits, and the threat that they will be put into care or have their children taken away from them. Those specific experiences and intersecting discriminations mean that organisations that can provide tailored and holistic care are crucial and wanted by victims. Likewise, in research by the Domestic Abuse Commissioner, it was found that people wanted specialist services. Those services, such as Stay Safe East, are small—I do not want to speak out of turn, but I think four people work there, so it is not a big organisation. However, it is one of the only specialist domestic abuse organisations; those people are not all IDVAs, yet this is absolutely the specialist agency.
The new clause and the amendments tabled by my hon. Friend the Member for Rotherham are to try to ensure that judges and police forces—judges more so, but police forces too—will understand. They are quite rigid about who is allowed in, who is not and who they can take advice from. I really worry that we are about to undermine vast swathes of very professional and learned specialists just on the basis of a qualification they do or do not have.
Edward Argar
I am grateful to hon. Members for their amendments, and I will seek to respond to them all in turn.
Amendments 62 and 61 would expand clause 15 so that the Secretary of State would be required to issue guidance about specialist community-based services for victims, in addition to ISVAs and IDVAs. I understand the concerns that the clause’s focus on ISVAs and IDVAs alone could result in the Government being seen to place their focus on them above other forms of community-based support. I recognise that there are mixed views in the sector about that, and concerns have been expressed. Let me reassure the Committee that that is not the case and that the intention behind the amendments can be addressed through other means.
Edward Argar
I will refrain from biting—I almost did.
To help ensure that women and girls are safe everywhere, in July 2021, we published our cross-Government tackling violence against women and girls strategy. That was followed by a cross-Government tackling domestic abuse plan in March 2022, investing more than £230 million of cross-Government funding into tackling this hideous crime, including more than £140 million for supporting victims and more than £81 million for tackling perpetrators.
Through the commitments set out in those strategies, the Government aim to transform how systems and society respond to violence against women and girls. That is in addition to the increased funding for support services and the increased numbers of ISVAs and IDVAs that I have already referenced. I hope that that demonstrates, to some extent, how we are taking action to further support the sector.
We have chosen a narrower focus for the Bill’s measures to issue guidance than new clause 18 would. IDVAs are a particular type of community-based specialist support service for victims of domestic abuse; our focus on them is in response to the victims Bill consultation. I know that, as the hon. Members for Rotherham and for Birmingham, Yardley set out, IDVAs are only one part of the domestic abuse support landscape, as they predominantly support high-risk victims. However, as I have said in relation to similar amendments, we do not believe that Government intervention through guidance issued about all community-based specialist domestic abuse services is the right approach.
The hon. Member for Rotherham said in our debate on new clause 19 that these services offer a vast range of support, including counselling, advice, advocacy and helplines. We want to get the balance right: we want Government intervention only when it is needed and will yield a positive benefit to support services. Our general approach is to set national commissioning standards and then allow local decision making by local commissioners. National guidance, such as the victims funding strategy and the national statement of expectations, sets standards but empowers commissioners to fund services of a quality and type that meet their local needs.
Our view is that additional guidance for ISVAs and IDVAs is necessary, given the growing number of roles and the lack of consistency. However, given the wide variety of roles within all community-based services, it is less clear what guidance about their roles, training and qualifications would bring, except possibly additional complexity and work for them. The key point is that ISVAs and IDVAs are particularly involved with the criminal justice process.
The hon. Member for Birmingham, Yardley highlighted the judicial discretion in this space and the approaches adopted by judges in their courts. I will not stray into that. Although we cannot direct or guide judges because they are quite rightly independent, we can improve their confidence in the professionalism and the work of ISVAs and IDVAs through this guidance, because of that particular intersection with the criminal justice process.
I always welcome further discussion with the hon. Member for Rotherham, as I hope I have made clear in the past few days, but I encourage her not to press the amendment to a Division.
Sarah Champion
I thank the Minister for his comments. I understand but disagree with his argument, but I will not press the amendment to a vote. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to consider new clause 8—Assessment of numbers of independent domestic violence and sexual violence advisors, stalking advocates and specialist support services—
“Within six months of the passing of this Act, and annually thereafter, the Secretary of State must—
(a) make an assessment of the adequacy of the number of independent domestic violence and sexual violence advisors, stalking advocates, and specialist support services in each region of England and Wales, having regard to the population in each region, and
(b) publish that assessment.”
This new clause would require the SoS to make an assessment of the adequacy of the number of ISVAs, IDVAs, stalking advocates and specialist support services in each region of England and Wales.
Edward Argar
With your permission, Mr Hosie, I will address clause 15 and then, once I have heard Opposition Members’ arguments, speak to new clause 8 at the end.
Clause 15 introduces a measure that seeks to improve consistency and awareness of the roles of independent sexual violence advisers and independent domestic violence advisers, who play a crucial role in supporting the needs of victims. We heard during the victims Bill consultation about the need for improved information, awareness and consistency in relation to the ISVA and IDVA roles. In particular, we were told that their remit is not sufficiently clear, which could hamper effective collaboration; that their service provision is not always consistent; and that the existing guidance is outdated and unclear in some places. However, we know that there is a crucial need to allow flexibility and innovation in how ISVAs and IDVAs support victims as an independent sector.
Clause 15 seeks to address that issue by placing a duty on the Secretary of State to issue guidance about ISVAs and IDVAs and placing a duty on ISVAs, IDVAs and other relevant persons to have regard to the guidance. We believe that statutory guidance can strike the right balance by raising awareness and improving consistency without stifling independence and flexibility. It will cover minimum expectations and best practice for ISVAs and IDVAs working with victims and other agencies and services, and will seek to support practical improvements in how agencies work with ISVAs and IDVAs.
We have focused on ISVAs and IDVAs, as they are some of the most common and well-known support roles for victims of sexual and domestic abuse. We recognise the value they add in reducing the attrition of victims who have engaged with the criminal justice process, and preventing them from feeling that they have to drop out at any point. That reflects their crucial role in the criminal justice system in particular. We know that those who received their support are nearly 50% less likely to withdraw from the process. It is also important, as we increase the number of ISVAs and IDVAs to over 1,000 by 2024-25, that the roles achieve greater awareness and consistency to provide the quality service victims deserve.
However, we absolutely do not intend this measure to detract from the important diversity of the wider support sector, or inadvertently to create a hierarchy of support services in which only ISVAs and IDVAs are commissioned or favoured. We are carefully working with the sector to develop the guidance to make sure we get this right. We will ensure that the guidance clearly recognises the wider support sector and makes clear to commissioners their responsibility to consider all victims. That guidance, which will be required by the clause, will therefore meet an evidenced need for a growing part of the support sector. It will be one part of the ongoing and wider work that the Government are focused on to improve support for victims.
Sarah Champion
I rise to speak to new clause 8, which is a slender amendment and my last, so I hope the Minister will look favourably on it.
For years, as we know from our debates in Committee, victims and survivors have faced a postcode lottery in support services, but access to sexual violence advocates, domestic violence advocates and stalking advocates varies hugely around the country. For the Bill to be successful, we need an accurate picture of what such services look like now. If we do not know where the gaps are, how will we fill them sufficiently?
The Domestic Abuse Commissioner has done excellent mapping work across the country and shown where the gaps are in provision for domestic abuse victims, but victims of all crime face patchy services. Support services differ greatly, depending on where in the country victims access them. As my hon. Friends and I have outlined, stalking advocates are crucial for women all over the country but are rarely accessible for most victims, even though they dramatically increase the chance of prosecution.
ISVAs and IDVAs provide crucial services, but if not all victims can access them, not all victims can have their rights met. The criminal justice system is incredibly difficult to navigate. An advocate is crucial for justice to be achieved and support to be received. I urge the Minister to accept that there are huge gaps in the provision available and, by accepting new clause 8, to require the Secretary of State to carry out a review.
Jess Phillips
It would be lovely to know how many ISVAs and IDVAs there are across the country, and what that means, because we also have hospital IDVAs who do not necessarily interact with the criminal justice system at all, but are responsive in accident and emergency. It would be lovely to know that, so I agree with new clause 8—I had ticked it off eagerly and could not see the number for a moment.
I have some real concerns about the clause standing part of the Bill, in particular about the hierarchy. I will not push the clause to a vote today, as I imagine that this is an area that will evolve. I want to see the professionalism of the sector that I worked for, but perhaps the professionalism of the job that I once had should include something about the levels of pay. I guarantee that writing the level of professionalism into a particular job title will not mean that anyone who does it breaches being paid more than £30,000 a year, if they are lucky. On one side, we want professionalism, but on the other side we are happy to allow a group of, frankly, quite low-paid women to do this very difficult work that we respect enough to write into our law. I have concerns about the clause as a whole, but I will agree that it can stand part for now.
Edward Argar
I will respond briefly to new clause 8, tabled by the hon. Member for Rotherham, which seeks to require an assessment of the Secretary of State and that that assessment is published annually.
As the hon. Lady pointed out, understanding the needs of victims and the provision available to them is crucial to ensuring that future services are commissioned and designed to support victims adequately. However, that needs to be appropriately balanced to ensure that processes are not burdensome on the services themselves, which is routinely of concern to them.
Our approach recognises that the needs of victims, and the provision currently available, will differ locally. We therefore devolve responsibility for commissioning and funding to local bodies that can appropriately assess and consider local needs. That ensures a tailored approach to commissioning services for communities. I am pleased to reassure the hon. Member for Rotherham that there are already a range of mechanisms in place for monitoring victims’ needs and the provision of services.
Edward Argar
I beg to move amendment 31, in clause 22, page 18, line 3, leave out “a disclosure or” and insert “the”.
See the explanatory statement to Amendment 34.
The Chair
With this it will be convenient to discuss the following:
Government amendments 32 to 34.
Clause stand part.
Edward Argar
I shall be relatively brisk. As with the Government amendments moved earlier, these are minor, technical amendments. They relate to the provisions on data protection. We are making these amendments across the Bill to ensure that the terminology on data protection is consistent. For example, the amendments will remove superfluous words that could be confusing, as “processing” information can cover a range of activity, including “disclosure”, which is mentioned separately. These changes primarily clarify the provisions and ensure that they work as intended; they do not constitute a policy change and are not intended to have substantive effects.
Clause 22 makes it clear that where data handling is required, the appropriate data protection legislation must still be followed. Where data processing is required under part 1 of the Bill, it is predominately for performance improvement and strategic monitoring—for example, in relation to compliance with the victims code. We do not anticipate that this will require the sharing of personal data. Nevertheless, it is vital that we ensure that the necessary protections are in place so that the collecting and handling of data is done fairly, lawfully and for specified purposes, and that nothing compromises victims’ confidentiality or jeopardises their ability to consent to access services and support. We have already engaged with the UK’s Data Protection Authority during the development of these requirements and will carry out further consultation during the development of the regulations in so far as any requirements relate to the processing of personal data.
Anna McMorrin
I rise only to agree with the Minister. I have no comments to make on the clause, because it is an important part of ensuring that the Bill works in terms of data protection.
Amendment agreed to.
Amendments made: 32, in clause 22, page 18, line 4, leave out “disclosure or”.
See the explanatory statement to Amendment 34.
Amendment 33, in clause 22, page 18, line 5, leave out “a disclosure or processing” and insert “it”.
See the explanatory statement to Amendment 34.
Amendment 34, in clause 22, page 18, line 11, leave out “has” and insert “and ‘processing’ have”.—(Edward Argar.)
This amendment and Amendments 31, 32 and 33 give “processing” of information the same meaning as in the Data Protection Act 2018. Processing includes disclosure and other uses of information, so there is no need to refer separately to disclosure.
Clause 22, as amended, ordered to stand part of the Bill.
Clause 23
Consequential provision
Question proposed, That the clause stand part of the Bill.
Edward Argar
I will now be even brisker: the Bill provides a new statutory framework for the victims code, so this clause will repeal the existing provisions, so that the updated statutory basis of the code is clear. That requires repealing the relevant provisions relating to the victims code in the Domestic Violence, Crime and Victims Act 2004. Once in force, these provisions will allow a new victims code made under this Bill to come into effect, and the current victims code will cease to operate.
The clause also makes sure that other relevant legislation reflects that change. This includes the Parliamentary and Health Service Ombudsman—the Parliamentary Commissioner—to accept complaints about the victims code, and the Victims’ Commissioner, given their responsibility for overseeing the operation of the code.
Anna McMorrin
This part of the Bill refers to the code of practice for victims. We need to ensure that if this Bill progresses, much of what has been discussed is reflected in it as we move forward, so that it is improved for victims—because that is what this is about. It is about victims’ experiences and real lives. The vast majority of victims do not get their entitlements. We currently have a Bill that falls short of that, but I hope that together we can robustly improve it and ensure that victims’ lives and experiences are changed for the better.
Edward Argar
I note what the shadow Minister said. While there may be areas where we disagreed as we went through part 1 of the Bill, I am grateful thus far for the positive and constructive tone adopted by Members on both sides of the Committee.
Question put and agreed to.
Clause 23 accordingly ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned.— (Fay Jones.)
Victims and Prisoners Bill (Ninth sitting)
Edward Argar ExcerptsTuesday 4th July 2023
(1 year, 5 months ago)
Public Bill CommitteesRead Full debate Victims and Prisoners Act 2024 View all Victims and Prisoners Act 2024 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 4 July 2023 - (4 Jul 2023)
The Chair
Before we start, I have a few preliminary reminders: switch off electronic devices or turn them to silent; no food or drink, except for the water provided, is permitted in this sitting; and send your speaking notes to hansardnotes@parliament.uk, or pass them to Hansard colleagues in the room.
Clause 16
Commissioner for Victims and Witnesses
Question proposed, That the clause stand part of the Bill.
The Minister of State, Ministry of Justice (Edward Argar)
It is a pleasure to serve under your chairmanship, Mr Hosie.
Clause 16 raises the profile of the Victims’ Commissioner, a vital and powerful voice for victims. Previous office holders—we have spoken of them in previous sittings: Louise Casey, Helen Newlove and Vera Baird—have all been dedicated in speaking up for the needs of all victims and witnesses, especially the most vulnerable.
The Victims’ Commissioner plays a crucial role in advising national policymaking, raising awareness of the common issues faced by victims and witnesses, conducting research, and assessing how the criminal justice and victim support agencies comply with the code. However, in the 2021 victims consultation, we heard that the commissioner requires further powers to effectively carry out their duties.
The clause introduces a requirement for the Victims’ Commissioner to lay their annual report in Parliament, which will give greater prominence to the report and amplify victims’ voices. It also bolsters the status of all Victims’ Commissioner reports by requiring Departments and agencies under the remit of the Victims’ Commissioner to respond to recommendations directed at them in all published reports within 56 days. They must say what action they plan to take in response to the report or explain why no action will be taken.
Maria Eagle (Garston and Halewood) (Lab)
Will the Minister give way on that point?
Maria Eagle
I am grateful to the Minister for giving way so early in his remarks. Does he agree that for a Victims’ Commissioner to be effective, they have to be in post? Can he give us an update on how the recruitment of Dame Vera Baird’s successor is going? There has now been a gap between Dame Vera leaving and whoever the new postholder is to be taking up their post.
Edward Argar
I am grateful to the right hon. Lady for her intervention; I said that I thought that I could predict her question, and I did—in my head—with a fair degree of accuracy. I gently refer her to the response that I gave to the shadow Minister, the hon. Member for Cardiff North, in our deliberations last week. This is a hugely important post, as the right hon. Lady highlighted in her intervention, and it is right that we take it seriously and get it right.
I suspect that Opposition Members may raise wry smiles at this, but we have had a number of Lord Chancellors in the past year. The Victims’ Commissioner is an important post to which a Lord Chancellor can recommend an appointment to the Prime Minister. The current Lord Chancellor has been in post for a few months now, and he wants to ensure that he reviews the situation and gets it right so that he is happy with the postholder, but he shares my view—and indeed that of the right hon. Member for Garston and Halewood—that it is important that we get this done properly and as swiftly as possible.
The proposals in clause 16 will better hold agencies to account and ensure that they are actively considering victims’ experiences and how they can be improved. The clause also adds to the list of agencies that the Victims’ Commissioner may make recommendations about, crucially adding police and crime commissioners and the criminal justice inspectorates.
As set out previously, the Bill also puts in place mechanisms to improve the processes for monitoring compliance with the victims code, both locally and nationally. The Victims’ Commissioner is expected to have an important voice in those discussions, where systemic issues have been escalated, so that action can be taken to drive improvements. Together, the measures add to the existing broad Victims’ Commissioner powers, allowing the Victims’ Commissioner to tailor their role as they see fit to achieve their functions and outcomes for victims. We expect that that will result in better treatment of victims at both local and national levels, fulfilling the most important function of the Victims’ Commissioner.
As set out in previous Committee sittings, and as I said to the right hon. Member for Garston and Halewood, a recruitment process is under way, and we take it extremely seriously. With that in mind, I commend clause 16 to the Committee.
Anna McMorrin (Cardiff North) (Lab)
I thank the Minister for addressing the clause. As I have already outlined, regarding my previous amendments that would have strengthened the powers and authority of the Victims’ Commissioner, we fully support the function of a robust and independent Victims’ Commissioner. We first asked for a provision to grant the commissioner a statutory duty to prepare and issue a report to lay before Parliament in early 2021, so I am glad that the Government have finally caught up and heeded our calls.
We believe that victims’ rights should be a parliamentary responsibility, and I am pleased that the report will not just go to the Secretary of State. During the evidence sessions, Dame Vera raised her concerns about the efficacy of the data that will be available to the commissioner for the purposes of their report—something that I have also raised in debates on earlier amendments. Will the Minister outline how a future Victims’ Commissioner, when appointed, will receive the appropriate data and information to allow for independent scrutiny? The Bill at present fails to do that.
The Victims’ Commissioner’s powers under clause 16 do not go far enough in ensuring that victims have a steady, reliable voice that criminal justice agencies and the Government must listen to. Granting agencies the duty to respond to the commissioner’s recommendations is a welcome first step, but how will the Government ensure that agencies respond and comply? I understand that the Domestic Abuse Commissioner is still waiting for a response to their “Safety Before Status” report five months after the deadline. Can the Minister explain why the Government do not believe it is necessary to respect the powers of the Domestic Abuse Commissioner and respond to such a pivotal report? Can he reassure all of us here that exactly the same practice will not just happen again to the Victims’ Commissioner?
Edward Argar
There were a number of points there, to which I will respond swiftly for the benefit of the Committee. I note the point made by the shadow Minister about having asked for such provision in 2021. In a gentle way, I must say that she was beaten to it—by Dame Vera, in fact; she and I had discussions about how that might happen in 2018-2019, just before I was reshuffled to the Department of Health and Social Care, so I am pleased to see the measure before us today.
The Bill already contains data transparency provisions and a duty on the Secretary of State and others to publish the data at both a local and national level. That will give a huge additional layer of data granularity for not just the Victims’ Commissioner, but others, including Members of this House, to scrutinise.
I turn to the duty to respond. I suggested to the right hon. Member for Garston and Halewood that I had predicted her question. I thought this could have been the other question she might have gently sent in my direction—about the “Safety Before Status” report and the response time to it. I note that the other report by the Domestic Abuse Commissioner was responded to. We always seek to respond within the timelines set out. As the hon. Member for Cardiff North will be aware, that particular report is a matter for the Home Office, but I will ensure that my colleagues in the Home Office are made aware of her remarks.
Question put and agreed to.
Clause 16 accordingly ordered to stand part of the Bill.
Clause 17
His Majesty’s Chief Inspector of Prisons
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to debate clauses 18 to 20 stand part. [Interruption.] I will speak more slowly between clauses next time so that the Minister can find his notes.
Edward Argar
As the day goes on, Mr Hosie, I get more dextrous when it comes to finding the right piece of paper to respond to interventions or, indeed, to your swift running of the Committee.
These clauses have been grouped together, because while each separate clause relates to each of the separate criminal justice inspectorates in turn, they all introduce the same measures. Each of the inspectorates named in the legislation has a role in the oversight of victim treatment in the criminal justice agencies they inspect. His Majesty’s inspectorate of prisons oversees the responsibilities prisons have to victims, and His Majesty’s inspectorate of probation oversees the delivery of probation’s responsibilities towards victims. That includes the victim contact scheme and the role of probation in protecting the public and keeping victims safe.
His Majesty’s inspectorate of constabulary and fire and rescue services oversees the delivery of the police’s responsibilities towards victims, including how forces protect vulnerable people and the service provided to victims throughout their engagement with police. His Majesty’s chief inspectorate of the Crown Prosecution Service oversees the delivery of the CPS’s responsibilities towards victims, including the victims communication and liaison scheme and the service provided to certain groups, such as victims of domestic abuse. Increasing transparency around the performance of criminal justice agencies and ensuring clear oversight when victims are treated poorly are both integral parts of driving improvements for victims. In delivering these aims, the inspectorates’ diligent reporting on the efficiency and effectiveness of criminal justice agencies is vital, and we fully recognise the importance of their work in ensuring victims are treated as they should be.
The inspectorates play a key role in scrutinising the performance of the agencies that they inspect and monitoring the delivery of recommendations, utilising tools such as re-inspections where required. Their work promotes effective practice, challenges poor performance and encourages improvement. We want to build on that foundation to deliver further progress for victims, with clauses 17 to 20 bolstering the inspectorates to enhance victim focus in their work.
The clauses will achieve that by empowering Ministers to jointly direct that a joint inspection programme must include provision for the inspection of victims’ issues, creating a sharper focus on how victims are treated and where to focus improvements. That new power will be an addition to existing ministerial powers to drive improvements with regard to code compliance. They will also be able to use the newly collected and shared code compliance information that we touched on in the debate on the previous clause to inform the use of the power. Joint inspections will involve the inspectorates working together to address cross-cutting systemic issues that impact victims and their experience of the criminal justice system.
Rob Butler (Aylesbury) (Con)
Will my hon. Friend join me in particularly welcoming the inclusion of His Majesty’s chief inspector of the Crown Prosecution Service, given that many victims’ experiences—sometimes adverse experiences—of the criminal justice system occur in the courts? Of course, it is not for us to tell the judiciary what it should do, as we have been reminded during the passage of the Bill. There is not an inspectorate of the court service in the same way, so does my hon. Friend agree that the inspectorate of the CPS can, to some extent, fulfil the role of improving the experience of victims through the court process?
Edward Argar
When I see my hon. Friend rise to ask a question, I always look at him with a degree of trepidation, because he knows of which he speaks, having for many years served in the youth justice system. He is right that, as well as the judiciary being independent, and that independence being, quite rightly, jealously protected, so too are individual prosecution decisions by the CPS. His Majesty’s Crown Prosecution Service inspectorate, exactly as he says, has the potential to make a huge impact here, because we often hear from many victims that the court stage of the process of seeking justice can be very challenging for them. The clauses will ensure that victims’ issues are comprehensively assessed, with associated action plans driving improvements so that victims receive the service they deserve.
Maria Eagle
I am having a look again at the report of the Justice Committee—the pre-legislative scrutiny of what has ended up being the first part of the Bill. The Select Committee raised the issue that the general difficulty that inspectorates have relates to having levers available to them to ensure that their recommendations, if they are even accepted, are implemented. The inspectorates all use different methodologies. I wonder whether the Government have developed any plans to ensure that the inspections that he is legislating for give levers to the inspectorates, so that we do not merely get what often happens now, which is repeated reports making the same points, with the inspectorates having no way, even if their recommendations are accepted, of ensuring that anything is done about them.
Edward Argar
The right hon. Lady makes a couple of important points. First, on the different methodologies, while I expect that we will want to see consistency in the application of principles to them, I suspect that, by the nature of what they are inspecting and the independence of each of the inspectorates, there will be some tailoring and divergence in how they operate in terms of their inspections.
On the right hon. Lady’s broader point, which I think was the thrust of her intervention, and the PLS point about how inspectorates get traction with their recommendations, we have set out in debates that we would expect the recommendations to be responded to and acted upon, but ultimately it will be for those who are accountable for running the individual services, be they Ministers, the Director of Public Prosecutions, or ultimately the Attorney General in the case of the CPS, to heed those recommendations and act on them.
I think that it is right that Ministers respond to, for example, the recommendations of His Majesty’s Prison and Probation Service, which answers directly to the Prisons Minister, and ultimately to the Secretary of State, but it would not necessarily be appropriate if Ministers were compelled to enact every recommendation without consideration. It is right that there is a degree of agency for the Secretary of State, for which of course they are accountable to this House and to hon. Members.
I suspect that if there were sensible recommendations to be made and a Secretary of State ignored them, the right hon. Member for Garston and Halewood would be one of the first to challenge them on the matter in this House. I think the provision strikes an appropriate balance. Any Secretary of State or agency head who did not give careful consideration to the recommendations of an inspectorate would be—“reckless” is the wrong word, so let’s say “courageous”, in the language of Sir Humphrey.
To conclude, the clauses require the inspectorates to consult the Victims’ Commissioner when developing their inspection programmes and frameworks. That will ensure that the commissioner can advocate for what matters most to victims, with their invaluable insight considered throughout the consultation process. Centring the victim experience in this way will promote positive change across the criminal justice agencies that are inspected. I commend the clauses to the Committee.
Anna McMorrin
It is clear from my previous amendments to the Bill on expanding the powers of the Victims’ Commissioner that the commissioner should be widely consulted for the majority of matters in the victims code. I am pleased that the Government have accepted the recommendation following pre-legislative scrutiny by the Justice Committee to place a duty on criminal justice inspectorates to consult the commissioner when developing their work programmes and frameworks to drive improvements, because it is the victims’ experiences and what they go through that matter.
My right hon. Friend the Member for Garston and Halewood was absolutely right when she emphasised, as the Select Committee set out, that the inspectorates need the levers to act when these issues are pointed out. It is imperative that a formal consultative role is established as only some inspectorates routinely consult the Victims’ Commissioner. I welcome this provision, but would like to see that point emphasised.
Edward Argar
When responding to the right hon. Member for Garston and Halewood, I should have thanked and paid tribute to the work of the Justice Committee for its pre-legislative scrutiny, which played a huge role in improving the original clauses and drafting of this part.
Question put and agreed to.
Clause 17 accordingly ordered to stand part of the Bill.
Clauses 18 to 20 ordered to stand part of the Bill.
Clause 21
Parliamentary Commissioner for Administration
Question proposed, That the clause stand part of the Bill.
Edward Argar
Clause 21 simplifies the process for victims of crime to escalate complaints about their experiences as a victim. The policies and approach introduced in the legislation will lead to improved experiences for victims, but if things do go wrong, the clause will help them raise their concerns more easily and seek redress. It does that by giving victims the ability to complain directly to the Parliamentary and Health Service Ombudsman, rather than referring their complaint through an MP, where their complaint relates to their experience as a victim of crime. Victims may either make a complaint themselves or do so through a nominated representative, such as a friend or relative.
The change addresses a concern that some would call the “MP filter”, which may be a barrier for victims and deter them from escalating complaints against public bodies due to a complicated and intimidating process. I am sure that Members on both sides of the House respond swiftly and sensitively to ombudsman forms that they are sent by their constituents in cases that come before them, and that all Members seek to assist their constituents in that respect. However, we are seeking to simplify this process further. Given the nature of complaints that may arise in this context, it is possible that some victims may not feel comfortable approaching their MP to share a potentially traumatic experience. I hope they would, but I appreciate some may not.
The PHSO is an independent complaint-handling service with extensive expertise in driving improvements in public services and identifying the most appropriate route for redress. When it decides that an organisation has not acted properly, it can recommend that the organisation prevents the issue from occurring in the future, acknowledges its mistakes, issues an apology or makes a payment to the complainant, or all of the above. It may also follow up to check that action has been taken and report to Parliament where an organisation has failed to follow recommendations, and that, of course, is central to improving activity and delivery. It is therefore important that complainants feel confident and comfortable when making a complaint, to encourage them to do so when needed and, as a consequence, to prevent similar issues in the future.
Maria Eagle
I understand my hon. Friend’s point. Indeed, when I first came into Parliament many moons ago, that was how it worked; it was just one of those roles that one had, and so one tried to make the best of it. If there is a chance of deterring a case that has absolutely no chance of success and is not going to help the constituent concerned because it is inevitable that they will not get what they want, then perhaps having the MP there to explain it helps. There is no doubt that one can become a lightning rod for annoyance in those circumstances, and that is not a happy place to be.
I prefaced my remarks by saying that I approve of the MP filter going, but I think that there is an issue here that a greater number of cases that are less well prepared and have no chance of succeeding may go forward to the ombudsman. I wonder what the Minister is going to do, both on providing resources for the parliamentary commissioner and on providing the public with information and, perhaps, other ways of getting advice in completing applications, to ensure that the intent of this positive legislative change will not be overshadowed by some of its potential consequences.
Edward Argar
I also met Rob Behrens, the ombudsman, and I pay tribute to him and his team for their work. I am pleased by the broad consensus in the Committee. I note what the shadow Minister said; all I will say is that I am bringing this measure forward and that I am grateful for her support.
I am also grateful to the hon. Member for Rotherham for her kind words. It is always a pleasure to do political business with her, if I may put it that way. I sometimes wish that some of what happens in Committee Rooms was rather better publicised. People watch Prime Minister’s questions and think that is everything that happens, whereas in fact there is quite a lot of constructive to and fro in rooms such as this when we are seeking to improve legislation.
As ever, the right hon. Member for Garston and Halewood makes a very important point. When we seek to change or influence something in this place, there is rarely a simple, binary choice between an unadulterated good, without any downsides, and an unadulterated bad, without any upsides. On balance, I believe that we are taking the right approach and that the positives significantly outweigh the negatives, but she is right to highlight the challenges. Not only can a Member of Parliament sometimes help to strengthen an application before it is made, but it can be useful to an MP to see applications so that they know if there is an issue. If there are suddenly two or three about the same organisation and the same issue, that aids Member of Parliament in standing up in the House to challenge a Minister, or to hold an agency to account about what may be a more systemic problem.
That said, I do not think that the approach that we are adopting would preclude someone from seeking advice from a Member of Parliament if they so wished as they prepared their form. Some of my constituents have found the ombudsman service quite helpful, not in prejudging a case but in giving some pretty good advice when they ask, “What do I need to submit with it?” There is also some pretty good advice on the service’s website.
Ultimately, the clause should make it easier for people to complain, but I agree with the right hon. Lady that we need to provide support to ensure that they can make their best complaint, if that makes sense, to the ombudsman, in order to give them the best chance of having it looked at in the best possible light. I will take away the point that she makes, and reflect on whether we can do more as Government, and as parliamentarians, to promote awareness of the PHSO route, and how we might better support people in going through it.
Question put and agreed to.
Clause 21 accordingly ordered to stand part of the Bill.
Clause 12
Duty to collaborate in exercise of victim support functions
Sarah Champion
I beg to move amendment 89, in clause 12, page 10, line 5, at end insert——
“(1A) For the purposes of this section, the relevant authorities for a police area in England must together conduct a joint strategic needs assessment.
(1B) The Secretary of State must, drawing on assessments prepared under subsection (1A), provide a statement every three years on current support for victims of domestic abuse, including—
(a) volume of current provision,
(b) levels of need, and
(c) investment.”
Amendment 89 requires the relevant authority for a police area in England to conduct a join strategic needs assessment. The amendment is supported by the Domestic Abuse Commissioner Nicole Jacobs, and I thank her and her team for both the evidence that she submitted and her help with the amendment. Part 4 of the Domestic Abuse Act 2021 made great strides by placing a duty to plan and provide accommodation-based support for survivors of domestic abuse, including their children. However, there is no such duty for other essential community-based services, such as counselling, therapeutic support and advocacy, which are vital for survivors to find safety and recover from abuse.
In November last year, the Domestic Abuse Commissioner released the findings from her mapping of domestic abuse services across England and Wales, titled “A Patchwork of Provision”. She found that most victims and survivors wanted some form of community-based support. For example, 83% wanted counselling and therapeutic support, 74% wanted one-to-one support, such as a caseworker, and 65% wanted mental health care. There is a clear need for a range of community-based services, and a duty to collaborate would be a step forward in helping to co-ordinate the response.
However, victims and survivors are diverse, and so are their needs, which all too often are not being met. The Domestic Abuse Commissioner’s report found a huge discrepancy in the provision of services across England and Wales, and an acute lack of funding, particularly among “by and for” services. Fewer than half of survivors were able to access the community-based support that they wanted. Only 35% said that accessing help was easy or straightforward. Over 70% of survivors who wanted support for their children were unable to access it, and only 7% of survivors who wanted their perpetrator to receive support to change their behaviour was able to get it.
Only 23% of survivors who wanted help to stay in work were able to get it, and just 27% who wanted help with money problems or debt received it. The mapping highlighted how effective and critical such services are in supporting victims and survivors of domestic abuse, but over a quarter of domestic abuse services were forced to cease some services altogether due to a lack of funding. Among “by and for” organisations, that rose to 45%. For children, who are recognised as victims in their own right for the first time in the Domestic Abuse Act, the Bill becomes empty legislation unless there is funding to provide services for them, or structures in place to understand their needs and provision.
The duty to collaborate will make some progress in responding to that need. However, I am unsure how a local strategy can have any material and substantial impact without a joint strategic needs assessment, which I will refer to as a JSNA from this point forwards. JSNAs draw from data to create a description of the place and population, taking into account the social, demographic and economic characteristics of the population in that area. They identify risk and protective factors to ensure effective commissioning. They provide the multi-agency partnership with important information to inform local initiatives, including data and typologies of domestic abuse, trends, volume, extent and distribution.
Edward Argar
I am grateful to the hon. Lady for her amendment, which, as she set out, would require relevant authorities for a police area to conduct a joint strategic needs assessment—I may adopt the same shorthand as she did in order to save words—as part of their obligations under the duty to collaborate to inform the strategy for commissioning victim support services. The amendment would also require the Secretary of State to use the assessments to publish a statement every three years on the current support for victims of domestic abuse, using the needs assessments to assess whether provision is in line with need.
The hon. Lady is quite right to highlight the importance of service provision for such victims and survivors. It is something that she has championed, and that with passion and experience the shadow Home Office Minister, the hon. Member for Birmingham, Yardley, has raised on every occasion in this House when she has had the opportunity since we were both elected together in 2015; I pay tribute to her for her work in this space.
It is vital that we have the relevant support services to fit the local needs of victims and that a bespoke approach is taken, rather than a one-size-fits-all approach set at a national level. That is why the funding system for victim support services operates as it does. I sometimes fear that some of the debate around duties to fund specific individual services slightly risks over-constraining individual local commissioners in their ability to meet the needs of their particular communities and to ensure that there is an appropriate blend of services, be they general services, “by and for” services or very specific services, so I sound a slight note of caution there. Of course, when it comes to overall funding—I suspect we may touch on this in subsequent debates—in the Government’s view the spending review, rather than individual legislation, is the right place to set such funding limits.
Grants and funding are supplied to PCCs to allow them to use their knowledge of local need and provision to choose what they fund. As part of the process, relevant local needs assessments that indicate the needs of victims already take place regularly as part of good commissioning practice. The grant funding is provided to commission practical, emotional and therapeutic support services for victims of all types of crime in their local areas. PCCs are expected to carry out needs assessments, which will allow them to target the funding and ascertain the level of need and demand in their area.
Sarah Champion
I am listening intently to what the Minister is saying. For clarification, I am not asking for a prescription like, “Five per cent. of support goes to people with dogs.” What I am saying is that authorities need a robust understanding of their demographics so that they are able to justify that they are supporting the needs in their areas. As the Minister has moved on to PCCs, will he comment on whether he believes that system is working? PCCs are individuals—political appointments—and I wonder whether that is leading to some of the subjective delivery we are seeing nationally, which I know he seeks to address.
Edward Argar
The hon. Lady makes a couple of points. First, my remarks a moment ago were made in the context of the broader debate that can often happen around the funding of services. To her specific point, I fear I may detain the Committee a little while, but I suspect I will address her points within that context.
Police and crime commissioners are directly elected and therefore accountable to their communities, but there is always—I suspect that, under any Government of any political complexion, there will always be—the perennial debate of how to strike the appropriate balance: local flexibility and tailoring to meet local needs, versus the challenge of how to achieve a degree of consistency and avoid the so-called—this is a dreadful phrase— postcode lottery. That is always going to be a tension within the system. The challenge for us all, whichever side of the House we sit on, is how to strike the appropriate balance between those two approaches: the national and consistent approach, versus a degree of local tailoring, which reflects not only local need but political decision making by police and crime commissioners.
Sarah Champion
As the Minister knows, I am trying to help. Would it not help the Secretary of State and the Government if an agreed baseline of data was collected? A region may push back on it, but it gives the Government a guide to see whether an area is succeeding or failing, and whether they need to be asking questions. For example, we do the same thing with ambulance times—we have that baseline. There will be local variations that can be discussed with the Secretary of State, but the baseline gives the Minister the opportunity to make investigations.
Edward Argar
I reassure the hon. Lady that if she allows me to develop my point a little, I will address her specific JSNA point before I conclude.
As the hon. Lady will be aware, we published our victims funding strategy last May. I am pleased that that was published, not least because I set it in train back in 2018 when I was last a Minister in the Department. I am pleased that it has seen sunlight. The strategy provides a framework for how agencies should work together to best resource the victim support sector. Within it, there is a clear expectation that commissioners carry out regular needs assessments, using all the data required to commission appropriate services for victims in their areas, including victims with tailored needs. The duty to collaborate in the Bill, which the hon. Lady touched on, is clear that relevant agencies must work together to ensure that services that meet local needs are commissioned and provided for.
Clause 13(3) requires relevant authorities to have regard to any assessment of the needs of victims that they have already carried out when preparing their joint strategy. We will be issuing statutory guidance to accompany that duty. That will set out clear expectations for how the duty should be carried out, as well as good practice, including around data and consistency of data. The guidance will set out that relevant authorities are expected to explain in their joint commissioning strategy how they have had regard to the relevant needs assessments, and how commissioning decisions meet those needs.
I understand the points made by the hon. Lady, both in her opening remarks and in her interventions. I share her view that support services have to be commissioned in line with, and reflect, genuine need. That is why we have created the duty. To a degree, it reflects the duty created under the Health and Care Act 2022 for integrated care boards and integrated care systems in that context. We should allow local flexibility in the services that are offered but seek to avoid duplication and gaps where multiple agencies commission the same service in some spaces and nothing is commissioned in others. It is a cornerstone of the duty that local needs must be assessed and considered. For those reasons, we do not believe that the amendment is required to clearly state that a joint needs assessment must be considered, but I have a few more remarks to reassure the hon. Lady.
Subsection (1B) of amendment 89 would require the Secretary of State to provide a statement every three years on the current support available for victims of domestic abuse, including the volume of provision, levels of need and investment. The Department receives regular monitoring returns from PCCs and the support services that we commission. The returns include data that indicates how many victims are seeking support, and provide insight into demand and levels of need across England and Wales, which informs national commissioning decisions.
We are committed to improving our understanding of need and the impact of funding at a national level. To do that, we have introduced core metrics and outcomes to be collected from all victim support services that are commissioned through Government funding streams as part of the victims funding strategy. We will also establish an oversight board to monitor them.
Jess Phillips (Birmingham, Yardley) (Lab)
The trouble with the data that the Minister is describing is that it will not be all the data in a local area if it just comes from a PCC, because the vast majority of community-based services for victims of domestic and sexual violence come from a local authority. Unless that data is all pulled together with a joint needs assessment, the Minister, up here in this ivory tower, will get only a tiny fraction of the reality.
Edward Argar
The shadow Minister highlights one of the issues that we grappled with in the course of drafting the victims funding strategy. I pay tribute to the Domestic Abuse Commissioner for her work in trying to grapple with this issue as well. I am talking about trying to get an understanding of what is provided in a given locality, not just from the money provided by central Government—we can track that and see what is commissioned—but through local authorities and, in some cases, although I suspect it is not a huge amount, elements of NHS service provision.
Edward Argar
I take the hon. Lady’s point. I am no longer a Health Minister, but I suspect that were I ever to be so lucky as to be reshuffled back into that role, she would gently, or perhaps less gently, lobby me on that point. Of course, there is also the provision of services that are not funded by a statutory body but are voluntarily supported and funded. That is not to say that that is a reason not to fund services statutorily; equally, in regard to understanding the provision locally, it is important to understand all aspects of that provision.
I will turn to the JSNA—
Sarah Champion
You probably will in an hour or so. [Laughter.] I do not want to push the amendment to a vote, but I would like the clarity that will prevent me from doing so. Is the Minister saying that in the statutory guidance he will require or ask for data not only from the PCCs but from the local authority, the NHS and—one hopes—community services?
Edward Argar
I suspect that I have but two or three minutes more, and I hope that in that time I will be able to address adequately the hon. Lady’s concerns. The funding strategy’s oversight board will review collected data returns to establish where there are obvious gaps in current funding, where we may be duplicating funding across Government and where we could improve collaboration at national level to improve services for victims. The duty to collaborate will further improve our—
Sarah Champion
Minister, I think you have an hour, not two minutes, so please take your time.
Edward Argar
I will not test your patience in that way on a Tuesday morning, Mr Hosie.
The duty to collaborate will further improve our understanding of both local need and the services commissioned for victims of not only domestic abuse but sexual abuse and other serious violence offences. The publication of the joint commissioning strategies will give valuable insight into the levels of service that victims are receiving in each police area across England and an assessment of how areas are making improvements against local objectives or key performance indicators. An oversight forum will then scrutinise those strategies, assess how well the duty is executed nationally, share best practice and help to devise plans for improvement.
A national statement every three years focused solely on domestic abuse would not in itself hugely build on the understanding that the Secretary of State already has through existing mechanisms or necessarily better help local areas to understand need. The strategies published under the duty to collaborate will instead provide information of the type, or a large amount of it, that the hon. Member for Rotherham is asking for—that is, on the volume of provision, levels of need, and investment—for not only domestic abuse but sexual abuse and other serious violent offences more broadly, and with the important local context that is useful for commissioners. I therefore encourage the hon. Lady not to press the amendment to a Division, as the Secretary of State will in effect have access to all the information that she asks for. However, although I am—
Edward Argar
I give way to the shadow Minister, but let us hope she does not dissuade me from what I am about to say.
Jess Phillips
I do not wish to dissuade the Minister. In my local area, there is a “by and for” service that is run specifically for Afghan women, that is completely funded, usually, by the will of volunteers, and that is dealing every year with hundreds of cases of Afghan women who are victims of domestic abuse, and it does not get its funding from any of these sources. How will the Secretary of State know that that is an issue?
Edward Argar
The hon. Lady did not quite succeed in dissuading me from what I was about to say, which is that although I am unable to accept the hon. Member for Rotherham’s JSNA amendment at this time, I will reflect very carefully on its import and what she said, and particularly on the words of the Domestic Abuse Commissioner in the oral evidence we heard, and in the context of the points made by the hon. Members for Birmingham, Yardley and for Rotherham about the challenges in understanding service provision when that is not funded through a national or a public funding stream.
I cannot commit further than that, but I will commit to reflecting very carefully, between Committee stage—as this is a carry-over Bill, we will have a few months—and before it returns to the House on Report, on the points that the hon. Members and the Domestic Abuse Commissioner have made very eloquently.
Sarah Champion
I apologise for testing your kind patience, Mr Hosie. While the Minister is in a reflective mood, I hope he will also reflect on the financial and time commitments that might be placed on organisations, and try to ensure that we get the data we need with the lightest of touches. I am grateful for his movement on the issue, so I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Edward Argar
It is good to see the shadow Minister, the hon. Member for Birmingham, Yardley, in her seat. I hope she is feeling a bit better, although I am pleased that neither her eloquence nor her passion for the subject has been impaired. I am grateful for her amendments to place a duty on relevant local authorities to create specialist women’s community-based domestic abuse and sexual violence support services for victims, in accordance with need. Her new clause 19 would also require the Secretary of State to define in regulations “specialist community based services”, after agreeing that definition in collaboration with the violence against women and girls sector, and to set out in regulations how providers are to be regulated.
Supporting victims of domestic abuse and sexual violence is an absolute priority for the Government. As I said in responding to an earlier group of amendments, I recognise the hon. Lady’s expertise and commitment to the issue. I hope that one thing we can both agree on is the importance of getting the right support for victims of these crimes. She is absolutely right: there is a place for broadly based general support services for victims of crime, but equally I have seen at first hand, both in my current incarnation in this role and previously, the importance of specialist services, particularly “by and for” services and trauma-informed services, if we are to succeed in reaching out to and being able to help victims and survivors of those horrendous crimes and give them the confidence to engage and be supported.
Amendment 80 calls for collaboration with the providers of community-based specialist services for female victims of domestic abuse and sexual abuse. The duty to collaborate set out in clauses 12 and 13 is specifically and purposely placed on the commissioners of services only—that is, police and crime commissioners, local authorities and integrated care boards in England—as it is a duty to collaborate when commissioning services. To expand collaboration beyond commissioners would risk changing the objectives of that duty, which are to encourage more strategic and joined-up commissioning of services, rather than to dictate or fix which types of services the commissioners, who understand the needs of their area best, should focus on and should aim to commission.
I appreciate the hon. Lady’s ambition to ensure that specialist women’s support services are properly considered as part of that commissioning process. As needs will vary locally, the Department provides police and crime commissioners with grant funding to commission practical, emotional and therapeutic support services for victims of all crime types in their local areas. PCCs are expected to carry out needs assessments to inform their local commissioning decisions, as I mentioned in discussing a previous amendment in the name of the hon. Member for Rotherham.
Sarah Champion
This point builds on my previous amendment. Budgets are tight and PCCs are trying to get the most support from their limited budgets. Can the Minister point to anything in the Bill that will make sure that the specialist services get a look-in? My hon. Friend the Member for Birmingham, Yardley touched on generic services, which we were seeing a lot. Brexit was meant to eliminate having to go to the lowest bidder, the European regulations and that sort of stuff. My fear is that unless there is something the Minister can point to in the Bill that embeds that need for both demographic and specialist support services, the PCCs will go for the cheapest, most common provider.
Edward Argar
I slightly differ from the hon. Lady’s perspective; I do not believe that it is necessary to have that provision in the Bill. There are other mechanisms, be they through statutory guidance or through commissioning guidance and the work that is done together. We have touched on this point before, but the challenge is the extent to which we think mandating—and thereby, to a degree, being prescriptive—is appropriate, versus being permissive, for example by setting out guidance and expectations, but saying that it is for a directly elected and accountable police and crime commissioner to make decisions and be accountable to their electorate and their public for what they are doing and whether they are making the right decisions.
Jess Phillips
I understand entirely—I am a firm democrat and I will fight for democracy—but I am afraid the idea that very marginalised groups of people with very little resource could launch a campaign to spark public interest in, say, Lincolnshire to get the 19% of people who voted in the PCC election to change the balance is for the birds. I say that as someone who has tried to do it. I am not entirely sure that PCCs can truly be accountable to their electorates on the issue. If we are seeing gaps, surely it is Parliament’s responsibility to deal with them.
Edward Argar
I was going to make the point that, sitting alongside local accountability and local tailoring, we also have—as the hon. Lady will know, and for want of a better term—a national approach. The context is slightly different, but we have the rape and sexual abuse support fund, for example, which is nationally commissioned. With RASAF, we seek to fill gaps in provision and ensure there is a geographical spread.
I will turn to individual services in a moment, but in any locality a PCC might say, in relation to the point made by the hon. Member for Rotherham, “I have limited resources, so I will put them where the greatest number of victims are in my area.” However, a small number of victims might not be covered by that, because they are a small number in that locality. That is why we have the national approach sitting alongside to ensure that there is national provision in a number of areas.
Jess Phillips
On the idea that there is anywhere in our country where victims of domestic abuse are small in number, let me say that the national average is 19% of all victims of crime, and domestic abuse represents the highest volume of any crime in our country where calls go to the police. I do not expect the Minister to have the data to hand, but I would like to see a PCC’s office that is spending 19% of its budget on this.
Edward Argar
I will see whether I can get that data. On the hon. Lady’s point about the figure of 19%, she is right to highlight the horrifying prevalence of that crime, which often goes unnoticed because of the nature of reporting and the nature of the crime. Moreover, there are particular groups within the figure and within the cohort of victims, for example minorities. A PCC might take the view that in a locality a particular group might need specific trauma-informed services, which, given their choice of resource allocation, might not have been catered for. That is why we seek at national level to try to address such issues with direct funding grants and with agreements that we reach, for example through the RASAF.
Our role as Government is to set the expected standards for the approach to commissioning of victim support services. At a macro level, we have done that through the victims funding strategy, which clearly sets out the expectation for commissioners to put victims at the centre of commissioning. We wholeheartedly agree that commissioners should consider a range of different services, including specialist women’s community-based domestic abuse and sexual violence support, and that they should choose to commission services that best fit the needs of their population.
Let me turn to the specifics of the amendment. I am in agreement on the importance of commissioners drawing on the expertise of providers of victim support services when preparing and revising their joint strategies. That is why clause 13(2) specifically requires relevant authorities to consult with persons who represent the interests of victims, providers and other expert organisations. We would expect them to consult with providers of specialist services for female victims of domestic abuse and sexual abuse, as well as “by and for” services in the children’s sector, to name but a few more. However, we do not consider it proportionate to list in legislation organisations with which commissioners must consult, which would risk resulting in a hierarchy of services or unintentionally omitting organisations providing valuable and important services.
In addition, we intend the accompanying statutory guidance to set out that local commissioners should consider engaging with a range of providers that reflect the types of service required in their area, such as women-only services, when considering their statutory duty to consult persons appearing to them to provide relevant victim support services and other appropriate persons. Guidance will also support commissioners by recommending standards and processes for that consultation. We are engaging with both providers and local commissioners as we develop that guidance so that we can reflect best practice, and I would be very happy to work with the hon. Member for Birmingham, Yardley to explore how guidance may further support commissioners in fulfilling their obligations to reflect the views of providers, and those who support victims, in their joint-commissioning strategies.
I reassure the hon. Lady that the Government are fully aware that domestic abuse and sexual violence disproportionately impact women and girls. Beyond the Bill, in February 2023 we published a revised strategic policing requirement, which includes violence against women and girls as a national threat for policing to respond to. In 2021, the Government published a new and ambitious cross-Government tackling violence against women and girls strategy to help to ensure that women and girls are safe everywhere. That includes a new full-time national policing lead on violence against women and girls, DCC Maggie Blyth, who I have had the privilege of meeting; I know that the shadow Minister meets her regularly as well. She is now in post and is doing an excellent job in the role.
We have awarded £125 million through the safer streets fund and the safety of women at night fund to make our streets safer for women and girls. We have contributed up to £3.3 million to fund the roll-out of Domestic Abuse Matters training to police forces. That includes funding the development of a new module to improve charge rates. The Government are also taking targeted action against sexual violence, including through the 24/7 rape and sexual abuse support line, which offers free, confidential emotional support for victims and survivors.
I therefore encourage the hon. Member for Birmingham, Yardley—I do not know whether she is persuadable—not to press her amendment to a Division. The duty to collaborate focuses only on commissioning bodies, as they are best placed to meet the objectives of our duty. In the Government’s view, the Bill already includes provision for engagement with providers, such as providers of specialist women’s services for domestic abuse and sexual violence, underpinned by the statutory guidance that will be produced.
New clause 19 would place a duty on relevant local authorities to commission specialist women’s community-based domestic abuse and sexual violence support services for victims in accordance with need. It would also require the Secretary of State to define in regulations “specialist community based services”, after agreeing that definition in collaboration with the violence against women and girls sector, and to set out in regulations how providers will be regulated.
We do not fully share the hon. Lady’s view about the extent to which local authorities should be required to fund particular types of community-based services; again, that goes to the point underpinning my earlier remarks about it being a local decision for which local authorities would be accountable. In our view, it is for local commissioners to determine what services to fund, noting the additional national strand of direct funding alongside that. That determination will be based on their assessments of the needs of their local populations, knowledge of available services and their understanding of those services and their provision. Our concern is that the approach set out in the new clause risks excluding or minimising the importance of some of the other service types that commissioners could consider for victims of domestic abuse and sexual violence. As drafted, the new clause could risk creating a hierarchy.
On overall funding, we believe that the right approach to setting funding levels continues to be through the spending review process, rather than individual pieces of legislation. That allows Government and individual Departments to outline priorities and respond to changing circumstances; allows the Chancellor of the Exchequer to consider a range of funding requests and pressures, recognising the finite amount of taxpayer money available to any Government; and allows those priorities to be considered in the round.
I hasten to add that I am not in any way questioning the importance of these vital services. I have had the privilege of visiting a number of them, both as Under-Secretary of State and in my present role. I have seen at first hand the amazing work that they do. They often go above and beyond the resources that they have available, in their own time and with their own resources, so passionate are those who work in this part of the sector to assist to the best of their ability those who need their help. That is one of the reasons that we have included ringfenced funding in our grants to PCCs for community-based services for victims of domestic abuse and sexual violence.
In allocating money to PCCs, there is always a balance to be struck. Many PCCs, I know, would prefer a greater proportion of their funding to be unringfenced and to be used entirely at their discretion within those broad parameters. We think that we have struck the appropriate balance, with them having a degree of discretion, but with some ringfenced funding to address particular needs.
Sarah Champion
I am listening intently to what the Minister is saying. He says that he is concerned that the list of services put forward by my hon. Friend the Member for Birmingham, Yardley has the potential to create a hierarchy of services, but he has only detailed IDVAs and ISVAs further on in the Bill. How does the Minister hold both those thoughts?
Edward Argar
I suspect that when we reach that clause, we will debate that exact point. However, to pre-empt what I will say about that clause—I shall say this briefly before you call me to order, Mr Hosie—the reason is that ISVAs and IDVAs have a particular, evolving and developed professionalism that gives them a particular locus within the criminal justice system. It is quite right that we cannot issue guidance to judges, because they are the independent judiciary, but through this approach to ISVAs and IDVAs we can seek to give the judiciary greater confidence in the professionalism of those roles. We thereby hope to see the judiciary being more willing to utilise them in the court process. That is my rationale, but we may debate that point when we come to the relevant clause.
New clause 19 also highlights the importance of legal advice for victims. The Government asked the Law Commission, as part of its work on the use of evidence in sexual offence prosecutions, carefully to review the law, guidance and practice relating to the trial process in prosecutions of sexual offences, an issue in which I know the hon. Member for Birmingham, Yardley takes a close interest. That will include consideration of whether independent legal advice and representation would be beneficial where personal records are sought, or more widely for the trial process.
On setting out how providers are to be regulated, we do not want to take a prescriptive approach in legislation. Local commissioners regularly review the services they commission to ensure high standards of victim services and will set relevant and tailored quality standards in their agreements with local providers. I suspect that a degree of the debate here is around where the line lies between prescription and a permissive approach.
As I have said in response to similar amendments, we have allocated a substantial amount of funding for domestic abuse and sexual violence victims and survivors, demonstrating the Government’s commitment to victims of these crimes. We are making it clear to commissioners and funders that they should consider the value and role of specialist-based support services when assessing local need to inform the distribution of funding, but ultimately local commissioners are best placed to determine how those services should be provided locally. On that basis, I gently encourage the shadow Minister not to press her amendment to a Division.
Jess Phillips
I will respond to some of what the Minister has said. His charming hope that all commissioners are absolute experts in this is not one that I share. I have been a commissioner on a local authority, and I think Birmingham remains probably the only part of the country to commission sexual violence services as part of its sexual health commissioning, and sexual and domestic abuse services as part of its substance misuse commissioning. The reason is that I was the commissioner and I am an expert in this.
In our evidence session, the woman from Rape Crisis said that she could not think of any specialist Rape Crisis services being commissioned by mental health services in our country. There is this idea that commissioners all have a total understanding of specialist domestic and sexual violence services. I have a plan for someone who works in the service to become a commissioner in every service, to ensure that that happens, but given the failure of my ability to influence Bury St Edmunds Council to have someone from women’s aid services elected to it, I will struggle. I do not think we can argue that commissioners know best. I have watched them know very little about anything to do with this topic. They are not specialists. They need to be told what specialisms they have to provide.
On hierarchy, I totally agree about the paradox that my hon. Friend the Member for Rotherham pointed out. I want there to be a hierarchy. That is what I am saying: I am asking for a hierarchy, where specialist services are placed at the top and generic support services are just that.
I will not press the amendment to a vote, because I genuinely believe that we can get to an agreement on this issue prior to Report. I totally believe in the Minister’s will to do that. I say gently, though, that evidence from the Domestic Abuse Act shows that if we do not write these provisions into legislation, local authorities will just take refuge accommodation in-house and it will become completely non-specialist—it has been staffed by men, for example. We did not get this written into the Domestic Abuse Act, but I would really like the words “women” and “women’s specialist services” to exist somewhere in the Bill. Although I will not press the amendment to a vote today, I stand ready to make this argument again later. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Edward Argar
I am grateful to the hon. Members for Cardiff North, and for Rotherham, for their amendments, which seek to expand the duty to collaborate so that under that duty, support services must be provided to victims of fraud, victims of modern slavery and child victims.
The duty to collaborate will require local commissioning bodies such as police and crime commissioners, local authorities and integrated care boards in England to work together when commissioning support services for the victims of domestic abuse, sexual abuse and other serious violent crimes. We have focused on the victims of those crimes because they are particularly traumatic crimes with a high number of victims each year. They are also crimes where there will be a particular benefit from collaboration, as victims of them typically access a range of services across health, local authorities and policing. However, we are committed to providing support for all victims. Beyond the Bill, the Government are committed to supporting victims of all crime types; support is available through PCC-funded services, and there is other specific support for victims of terrorism.
If I may, I will take the amendments slightly out of order. I turn first to amendment 19, which seeks to include victims of fraud under the duty to collaborate on victim support services. Clearly, this Government take extremely seriously the challenge posed by fraud and its impact on victims. As I have said, the Government have been very clear about our determination to support all victims of crime, and we are taking steps to improve local collaboration on support for victims of fraud. This includes supporting the multi-agency approach to fraud—or MAAF, if I may abbreviate—which brings together relevant local agencies to improve the quality of support available to fraud victims. MAAF hubs should be rolled out across all England and Wales by September.
The duty to collaborate focuses on crime types for which support services are commissioned by a combination of police and crime commissioners, local authorities and health bodies. The measure seeks to bring together those who commission those services, so that commissioning is co-ordinated and strategic, with better join-up and smoother referrals for victims. It is important that the duty be focused on crime types for which services are commissioned by a specific combination of PCCs, local authorities and integrated care boards, so that collaboration can have the maximum and intended impact.
Support for fraud victims is typically delivered through PCC-commissioned local services and the National Economic Crime Victim Care Unit. Because of this, many victims of fraud would be less likely to benefit from collaboration between PCCs, local authorities and ICBs. However, the duty does not prevent local commissioners from collaborating on other crime types, including fraud.
More broadly, the Government have allocated £400 million over three years to tackle economic crime, including fraud, and to help fund the National Economic Crime Victim Care Unit, which supports fraud victims. We are also providing over £30 million to City of London police to support the upgrade in the Action Fraud service; the right hon. Member for Garston and Halewood touched on that service. A number of improvements have already been made to the system to improve the victim reporting experience and the quality and timeliness with which cases are sent to police forces for action.
Opposition Members have highlighted the scale and impact of fraud. That is why the Government take fraud so seriously and have done so much in this space. The Government published “Fraud Strategy: stopping scams and protecting the public” in May, as the hon. Member for Cardiff North said. This strategy sets out how Government, law enforcement, regulators, industry and charities will work together to cut fraud incidents by 10% by the end of this Parliament, and includes measures to improve the support available to victims of fraud. As we roll out those initiatives, we will continue to consider how victims of fraud can be better supported.
Amendment 9 seeks to ensure that specific support services for child victims are provided. I agree that it is vital that child victims be able to access the specialist support that they need in order to cope and recover from the impacts of crime. The Bill aims to improve the support offered to children and young people. Child victims are covered by the definition of victim in part 1 of the Bill, and by the current code. The duty to collaborate requires local authorities, police and crime commissioners and integrated care boards in England to collaborate when commissioning victim support services for both adults and children who are victims of domestic abuse, sexual abuse and other serious violent offences.
To emphasise the inclusion of children in the duty, following pre-legislative scrutiny, we amended the definition of victim to clarify that child victims who witness and/or experience the effects of domestic abuse are victims, and amended clause 1 to emphasise that commissioners must have regard to any assessment of the needs of child victims when preparing their joint commissioning strategy.
The duty focuses on crimes that are particularly traumatic, have a high number of victims each year, and for which services are commissioned by a combination of police and crime commissioners, local authorities and health bodies. Those services will benefit from collaboration to reduce duplicative commissioning and improve strategic co-ordination of support. Including all offences against children brings a vast range of services into scope, not all of which require a collaborative approach; that would risk diluting the focus of the duty.
Finally, I turn to amendment 82, which would seek to include support services for victims of modern slavery in the duty to collaborate. The Government are committed to supporting all victims of crime, including those who are subjected to modern slavery. Clause 12, which the hon. Member for Rotherham is seeking to amend, already requires local commissioning bodies such as police and crime commissioners, local authorities and integrated care boards in England to work together when commissioning support services for domestic abuse, sexual abuse and other serious violent crimes.
Local commissioners can already consider victims of modern slavery under the duty to collaborate, where those crimes apply, and we envisage that it is likely that for the most part, modern slavery victims will have suffered conduct that constitutes domestic abuse, sexual abuse or other serious violent crimes—particularly because “serious violence” includes threats of violence—and therefore will already be captured by the duty to collaborate.
We intend to clarify in accompanying guidance that modern slavery victims can, and are likely to be, captured by the duty. The duty does not list crime types that commissioners must consider in relation to serious violence, and instead allows local areas to make that decision based on the impact on the victim and the maximum sentence that a crime could receive. Commissioners can therefore already consider modern slavery, where that comes under the definition in the clause, under the duty to collaborate.
Sarah Champion
I hear what the Minister is saying. I also heard the word “should” rather than “must”. Will the Minister clarify that in the guidance, there will be an explanation of how modern slavery presents? A lot of modern slavery—I am thinking particularly about prostituted women—involves coercion and intimidation. Those people will probably not present themselves as victims in the usual sense; they will probably argue about that. There needs to be a bit more understanding, rather than us just saying “modern slavery”.
Edward Argar
I will try to answer quickly, before we get cut off by the end of the sitting. I take the hon. Lady’s point. Recently I attended a Select Committee sitting in which we looked at so-called honour-based violence and abuse. One of the key points that came out of that was that a multiplicity of offences constituted so-called honour-based abuse, and the same is true of modern slavery. It is important that we reflect those multiple indicators in the guidance.
The definition of serious violence in the duty mirrors the approach taken to the serious violence duty derived from the Police, Crime, Sentencing and Courts Act 2022; that provision does not list specific offences, but instead defines serious violence based on the impact on the victim, and the maximum penalty for the crime committed. A more prescriptive approach of specifying types of serious violent crime would risk excluding offences that commissioners may want to consider, and would not allow for the necessary flexibility.
More widely, the Government are committed to supporting victims of modern slavery and ensuring that they get the support that they need. For example, children’s services work in close co-operation with the police and other statutory agencies to offer potentially trafficked children the protection and support that they require as part of the local needs assessment. “Working together to safeguard children 2018” sets out the system of multi-agency safeguarding arrangements established by the Children and Social Work Act 2017.
The Government have rolled out independent child trafficking guardians to two thirds of local authorities in England and Wales. Those roles are delivered by Barnardo’s until March 2024. They provide additional advocacy and support to child victims of modern slavery. Adult victims of modern slavery in England and Wales can access support through the national referral mechanism, under the Government-funded modern slavery victim care contract.
Every year, we support thousands of adult victims, so that they can begin rebuilding their life, engage with the criminal justice system and transition back into the community following their traumatic experiences. The current contract is delivered by the Salvation Army. I would be more than happy to work with hon. Members going forward, as we monitor the success of these initiatives in helping victims of modern slavery.
Victims and Prisoners Bill (Eighth sitting)
Edward Argar ExcerptsThursday 29th June 2023
(1 year, 5 months ago)
Public Bill CommitteesRead Full debate Victims and Prisoners Act 2024 View all Victims and Prisoners Act 2024 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 29 June 2023 - (29 Jun 2023)
The Minister of State, Ministry of Justice (Edward Argar)
I beg to move amendment 27, in clause 2, page 3, line 15, leave out
“function of a relevant prosecutor”
and insert “prosecution function”.
This amendment and Amendment 28 substitute a reference to persons exercising a prosecution function for the defined term “relevant prosecutor”. The victims’ code may not make provision requiring anything to be done by such persons.
The Chair
With this it will be convenient to discuss the following:
Government amendment 28.
Clause stand part.
Edward Argar
Amendments 27 and 28 are minor technical amendments that have been tabled to better meet our intention to prevent the victims code from interfering with independent prosecutorial decision making. Clause 2 sets out that the victims code cannot place requirements on relevant prosecutors in relation to their prosecutorial discretion. This is an important safeguard, which reflects our constitutional arrangements, and allows the code to set expectations in relation to service provider procedures and how they should treat victims, but not to interfere with prosecutorial discretion to make decisions in particular cases.
The Bill currently refers to a relevant prosecutor, which is defined under section 29 of the Criminal Justice Act 2003, and includes service providers such as the police and the Crown Prosecution Service. However, some other service providers under the current code also have a prosecutorial function and are not covered by the existing list, including bodies such as the Health and Safety Executive and the Competition and Markets Authority. These service providers have functions in relation to the investigation or prosecution of specific types of offences or offences committed in certain circumstances. To ensure all service providers are covered now and in the future, the amendment sets out that the code cannot interfere with prosecutorial discretion, regardless of which prosecutor is involved.
Maria Eagle (Garston and Halewood) (Lab)
The Minister will be aware that there have been controversies surrounding private prosecutions—the Horizon scandal springs to mind—but that there are also other private prosecutors who in individual cases might decide to take prosecutions. Will these amendments do enough to cover all of them?
Edward Argar
My understanding is that they will, but will the right hon. Lady allow me to confirm that? If at any point I have inadvertently misled the Committee, I will make a correction in the usual way.
Clause 2 provides the legal framework for the victims code and places an obligation on the Secretary of State to issue a code of practice setting out the services to be provided to victims by different parts of the criminal justice system. It also sets out the overarching principles that the victims code must reflect. These are the principles that victims should: be provided with information to help them understand the criminal justice process; be able to access services which support them, including specialist services; have the opportunity to make their views heard; and be able to challenge decisions that directly affect them. We know that those principles are important for victims, and our consultation showed us that most respondents believe them to be the right ones to focus on.
Placing those overarching principles in legislation will send a clear signal about what victims can and should expect from agencies within the criminal justice system. This will help to future-proof the code and ensure that it continues to capture the key services that victims can expect, while still allowing a degree of flexibility in the code itself. We have retained the more detailed victims’ entitlements in the code, as this offers a more flexible way to ensure that they can be kept up to date, rather than by placing them in primary legislation on the face of the Bill. Agencies are already expected to deliver the entitlements in the code and they will be required to justify any departure from it if challenged by victims or by the courts.
To safeguard the topics that the code should cover, the clause allows for regulations to be made about the code. We will use the 12 key entitlements contained in the current code to create a framework for the new code and regulations. This will enhance parliamentary oversight of the code by setting the structure out in secondary legislation, and will allow more flexibility than primary legislation to make any necessary changes in the future if the needs of victims require changes in policies or operational practices. The power to make regulations has appropriate safeguards set out in the clause, in that regulations can only be made using this power if the Secretary of State is satisfied that they will not result in significant weakening of the code in terms of the quality, extent or reach of services provided.
Rather than specifying the details of particular entitlements for particular victims, the clause allows the code flexibility to make different provision for different groups of victims or for different service providers. That means they can be tailored appropriately, such as to provide for the police to give certain information more quickly to vulnerable or intimidated victims. We have published a draft of the updated victims code as a starting point for engagement, and will consult on an updated victims code after the passage of the Bill, so that it can reflect issues raised during parliamentary consideration.
Finally, the clause makes it clear that the code relates to services for victims and cannot be used to interfere with judicial or prosecutorial decision making. That will protect the independence of the judiciary, Crown Prosecution Service and other prosecutors in relation to the decisions they make in individual cases. I commend the clause to the Committee.
Amendment 27 agreed to.
Amendment made: 28, in clause 2, page 3, leave out lines 18 and 19.—(Edward Argar.)
See the explanatory statement to Amendment 27.
Clause 2, as amended, ordered to stand part of the Bill.
Clause 3
Preparing and issuing the victims’ code
Anna McMorrin (Cardiff North) (Lab)
I beg to move amendment 11, in clause 3, page 3, line 29, at end insert
“and the Commissioner for Victims and Witnesses.”.
This amendment would require the Secretary of State to consult the Commissioner for Victims and Witnesses when preparing a draft of the victims’ code.
Anna McMorrin
Amendments 11 and 12 address the same issue. Amendment 11 falls under clause 3 concerning the drafting of the victims code, and amendment 12 falls under clause 4, which concerns its revision. Clause 3 outlines that it is the responsibility of the Secretary of State to prepare the draft code and, in doing so, must consult the Attorney General. Amendment 11 would place a duty on the Justice Secretary also to consult the Victims’ Commissioner. Amendment 12 would place a duty on the Justice Secretary to consult the Victims’ Commissioner on any future revision of the code. These are the first of several amendments I have tabled to strengthen the powers and authority of the Victims’ Commissioner.
The Victims’ Commissioner is a public office established by Parliament in the Domestic Violence, Crime and Victims Act 2004 to encourage good practice in the treatment of victims and witnesses in England and Wales. It is independent of Government and works to raise awareness of issues faced by victims, conduct research, promote good practice and hold agencies to account on the treatment of victims. I pay tribute to Dame Vera Baird, the former Victims’ Commissioner, who resigned in September last year after three years in post. Dame Vera was integral to shining a spotlight on the harmfully low number of prosecutions, and she secured safeguards against excessive requests for victims’ mobile phone data in rape investigations. If the Government accept both my amendments, they would go a long way towards demonstrating that they understand the value and authority of the Victims’ Commissioner’s office by ensuring it is integral when looking at the revised victims code.
During the evidence session last week, when asked if the Victims’ Commissioner should be consulted in the drafting and revision of the victims code, Dame Vera said,
“Yes, it is imperative... To be fair, the Government did consult us. It took about two years to get the victims code together. In fact, I am not sure if Mr Argar was not the Victims Minister when it started the first time around. It took a very long time... although I have to say we brought no change. There must be meaningful consultation, but the Victims’ Commissioner has to be in there.”
She went on to say,
“in all the provisions about drafting codes and making changes, where it says you should consult the Attorney General, you have to consult the Victims’ Commissioner as well. This is about victims.”––[Official Report, Victims and Prisoners Public Bill Committee, 20 June 2023; c. 28, Q63.]
The Victims’ Commissioner has a statutory duty to keep the code under review, but the Secretary of State for Justice is not obliged to consult the Victims’ Commissioner on revisions of the code. I am not sure how they are not mutually exclusive. The Victims’ Commissioner is established to be
“a promoter, an encourager, and a reviewer of operational practice, and is the only statutory public body with these overarching duties in relation to victims”.
The Victims’ Commissioner has the singular responsibility to introduce a degree of accountability to how agencies, including central Government, treat victims and witnesses. If victims are given their rightful recognition as participants in the system, their rights must be fully respected and delivered at each stage of the process. Currently, the Victims’ Commissioner has the widest remit of any commissioner but the most limited powers. The powers relating to the victims code should be strengthened, so that the Victims’ Commissioner is consulted alongside the Attorney General.
Amendments 11 and 12 would make it obligatory for the Secretary of State to consult the Victims’ Commissioner on the preparation and revision of the victims code, rather than having the commissioner make proposals. This would also form part of the functions of the Victims’ Commissioner under section 49 of the Domestic Violence, Crime and Victims Act 2004—promoting the interests of victims and witnesses and keeping the code under review. It would also ensure that there is accountability and compliance with the victims code, and that standards are maintained at all levels. I hope the Minister will consider agreeing to the amendments.
Edward Argar
I thank the shadow Minister for tabling amendments 11 and 12, which would place a statutory duty on the Secretary of State to consult the Victims’ Commissioner when preparing and revising the new victims code. The Victims’ Commissioner and their office are a vital and powerful voice for victims, and part of the commissioner’s statutory duty is to keep the operation of the code under review. In highlighting that, I will go a little further than the hon. Lady by paying tribute not only to Dame Vera Baird, but to Helen Newlove and Louise Casey. I think Louis Casey was the original Victims’ Commissioner, and Helen followed her in that role. In their different ways, all three have brought a huge focus and passion to the role, and I want to put on the record my gratitude to them all.
We have routinely engaged with the Victims’ Commissioner’s office on matters concerning the code since last September, and we will continue to do so when a new Victims’ Commissioner is appointed. As I highlighted in the previous sitting—I think it was after being prompted by a question from the shadow Minister, the hon. Member for Cardiff North—a recruitment process is under way, with the new Lord Chancellor taking a very close interest so that we get the right person into this vital post. I am keen to see it filled as swiftly as possible with someone of the calibre of the three individuals who have already held the post.
We recognise that it is essential that we consult experts, including the Victims’ Commissioner, when preparing or revising the code to ensure that it continues to reflect the needs of victims. The Bill already requires public consultation on the draft code under clause 3(4) and, naturally, the Department engages thoroughly with the Victims’ Commissioner and their office as part of that process, as we always have done in the past. Public consultation provides an opportunity for a wide range of relevant stakeholders, practitioners and victims to make representations to the Government. For that reason, we do not consider it necessary to formally list each relevant stakeholder in legislation, including the Victims’ Commissioner, as the amendments would do.
I do recognise—the shadow Minister, the hon. Member for Cardiff North, may have alluded to it—that one role is listed for consultation: the Attorney General. That consultation is required ahead of the public consultation on the code and is explicitly included to reflect the Attorney General’s shared responsibility for the delivery of the criminal justice system and for the impact of the code. As hon. Members will know, ministerial responsibilities across the criminal justice system involve the Lord Chancellor and Secretary of State for Justice, the Home Secretary and the Attorney General. By practice, the Secretary of State for Justice will consult the Home Secretary as part of the process of preparing, issuing and revising the code. The Home Secretary, as the other Minister with direct operational delivery responsibilities, is not explicitly referred to because the technical drafting convention is that different Secretaries of State are not named in legislation.
I hope that I have provided assurance that the Victims’ Commissioner and their office will continue to be engaged on matters concerning the code, and that the hon. Member for Cardiff North will find those assurances satisfactory.
The Chair
With this it will be convenient to discuss the following:
Amendment 47, in clause 6, page 4, line 37, leave out “take reasonable steps to”.
This amendment would place a duty on criminal justice bodies to promote awareness of the Victims Code, rather than only requiring them to ‘take reasonable steps’ to promote awareness.
Amendment 13, in clause 6, page 5, line 6, after “services” insert
“in accordance with the victims’ code”.
This amendment would clarify that criminal justice bodies must collect information about their provision of services for victims in accordance with the victims’ code.
Clause 6 stand part.
Clauses 7 to 9 stand part.
New clause 2—Duty to co-operate with Commissioner for Victims and Witnesses—
“(1) The Commissioner may request a specified public authority to co-operate with the Commissioner in any way that the Commissioner considers necessary for the purposes of monitoring compliance with the victims’ code.
(2) A specified public authority must, so far as reasonably practicable, comply with a request made to it under this section.
(3) In this section “specified public authority” means any of the following—
(a) a criminal justice body, as defined by subsection 6(6),
(b) the Parole Board,
(c) an elected local policing body,
(d) the British Transport Police Force,
(e) the Ministry of Defence Police.
(4) The Secretary of State may by regulations amend this section so as to—
(a) add a public authority as a specified public authority for the purposes of this section;
(b) remove a public authority added by virtue of paragraph (a);
(c) vary any description of a public authority.
(5) Before making regulations under subsection (4) the Secretary of State must consult the Commissioner for Victims and Witnesses.
(6) A statutory instrument containing regulations under subsection (4) may not be made unless a draft of the instrument has been laid before and approved by resolution of each House of Parliament.”
This new clause would place a duty on specified public authorities to co-operate with the Commissioner for Victims and Witnesses.
Edward Argar
Clause 5 makes it clear that failure to comply with the victims code does not in itself give rise to liability in criminal or civil proceedings, but it also makes it clear that the code is admissible in evidence in proceedings and that a court may take a failure to act in accordance with the code into account when determining a question in the proceedings. We think individual liability for non-compliance would be disproportionate, but the clause does not prevent non-compliance from being addressed, nor does it prevent victims from being able to make or escalate a complaint. Their being able to do so is vital to ensure that victims are being given the right standard of service.
The measures in the Bill are designed to enable new oversight of compliance with the victims code and to drive improvements in victims’ experiences when engaging with the criminal justice system. We will discuss those measures when we reach the relevant clauses, but we believe the framework is the right starting point to drive real change locally and at system level, so that victims are treated in the right way. It is essential that there are consequences for non-compliance, clear oversight structures and complaints processes for victims, and this is the first time that such a comprehensive legislative framework has been put in place. It is right that it is done at local and national level and that the Bill does not allow for litigation against individuals. The clause is necessary to set that out.
I will speak to the amendments when I sum up, when I will have heard what those who tabled them have had to say. I will now speak to the other clauses in the grouping.
Clause 6 puts two duties on criminal justice bodies, namely the police, the Crown Prosecution Service, His Majesty’s Courts and Tribunals Service, His Majesty’s Prison and Probation Service, and youth offending teams. First, it requires them to take reasonable steps to promote awareness of the victims code among service users, including victims or those supporting victims, and the public. That is essential because—Opposition Members remarked on this, I think—just 23% of victims and 22% of the public were aware of the code in 2019-20. That is clearly not good enough. We want victims to be clear about what they can and should expect from the criminal justice system and to feel empowered to ask for that when criminal justice bodies fall short.
Secondly, clause 6 requires criminal justice bodies to keep their compliance with the code under review. That will include collecting and sharing information, which will be set out in regulations. They will also be required to jointly review that information with police and crime commissioners and other criminal justice bodies in their local police area. Where issues are identified by police and crime commissioners or bodies, operational agencies can and should take action by using local forums to drive improvements.
Those measures are the heart of the Bill. As we have discussed in Committee, it is essential that we monitor code compliance. Victims do not always receive the level of service to which they are entitled. In 2019-20, 45% of victims felt that the police and other criminal justice agencies kept them informed, and only 18% of victims recall being offered the opportunity to make a victim personal statement. The duty will improve local information collection, allow for effective local solutions and help us track the performance of criminal justice bodies to pinpoint areas that need improvement.
To deliver consistency across England and Wales, we will use regulations to specify the necessary code compliance information to be collected, and issue guidance on how criminal justice bodies should carry out their duties. We are using regulations and guidance to enable more detail and flexibility to update the provisions than primary legislation would allow. It will be crucial the get the data requirements in the regulations right, and we are working with bodies subject to the duties and those who represent victims to develop them. By implementing standardised data collection and reporting practices, we can build a national picture of the delivery of victims code entitlements throughout the criminal justice system. Such a data-based approach has been used effectively by the criminal justice system delivery data dashboards to enable data-informed discussions and to feed into action plans at local level to drive change. Together, the duties will promote compliance with the victims code and therefore better outcomes for victims.
Clause 7 is a crucial part of the new framework for better local oversight of victims code compliance. It strengthens the role of police and crime commissioners and enables issues to be identified and escalated where necessary by requiring police and crime commissioners to review compliance information jointly with criminal justice bodies in their local area, and to share information and insights into local performance with the Secretary of State. Together with the new requirements in clause 6 for criminal justice bodies to share compliance information with police and crime commissioners, that measure addresses concerns we heard that police and crime commissioners did not have the mechanisms in place to deliver on their role to monitor local code compliance.
The Government recognise the vital role police and crime commissioners already play in bringing agencies together to oversee the code locally. Further empowering police and crime commissioners and harnessing their convening powers will lead to a more collaborative and effective approach to solving local issues. Where issues are identified by police and crime commissioners or bodies, operational agencies can and should take action, using local forums to drive improvements.
Jess Phillips
I hear the good words in the Minister’s explanation, but I am still not entirely sure exactly what will happen. Are we going to get local forums to make it better if it is bad? That does not seem enough to me to ensure compliance or any change from the situation we have at the moment.
Edward Argar
I am grateful to the shadow Minister. I will come on to how this will work in practice, but I suspect hon. Members may wish to return to it in their contributions to their amendments. I give way to the hon. Member for Rotherham.
Edward Argar
I suspected that might be the case.
The requirement to share compliance information and to report to the Secretary of State on the joint review of this information will enable a clear national picture to be formed of how the criminal justice system is delivering for victims. It is important to remember that police and crime commissioners are directly elected and directly accountable to their local communities.
The requirement provides a means to escalate issues that cannot be solved locally and will enable Government to establish a new national governance system to pinpoint and intervene to address any systemic problems. The Victims’ Commissioner and inspectorates will be asked to participate in the new national governance system to ensure that victims’ needs and their perspectives are reflected. This will, of course, be covered in the relevant statutory guidance that will set out the operational detail across these clauses and the wider oversight framework.
Clauses 8 and 9 put two duties on the British Transport police and Ministry of Defence police respectively that mirror those placed on criminal justice bodies in clause 6. The duties are to promote awareness of the victims’ code and keep their compliance with the code under review. This ensures parity between local, national and non-territorial police forces. British Transport police meet victims of crime every day, including those mentioned by the hon. Member for Rotherham who are involved in child criminal exploitation, such as through county lines.
Instead of jointly reviewing information with police and crime commissioners, the British Transport police will be required to jointly review information with the British Transport police authority, which is the appropriate oversight body for them. Similarly, the Ministry of Defence police will do so with the Secretary of State, which in practice will mean that the Secretary of State for Defence is the appropriate oversight body for them. It is important that all police forces that have contact with victims, and therefore have responsibilities under the code, are responsible for promoting awareness of and complying with the code to help support victims. If I may, Ms Elliott, I will address amendments 47 and 13 and new clause 2 in my wind-up remarks. I commend clauses 6 to 9 to the Committee.
Anna McMorrin
I will speak to amendment 13 and new clause 2 together. Amendment 13 would insert
“in accordance with the victims’ code”
after “services” in clause 6. It is a relatively small correction that would, I hope, improve the Bill by making it clear that criminal justice bodies must collect information about their provision of services for victims in accordance with the victims code. I am concerned about the current provision in clause 6. The amendment would clarify that the information collected by each criminal justice body in a police area, and shared with other criminal justice bodies, would have to be in accordance with the victims code.
I thank Dr Ruth Lamont, senior lecturer in law at the University of Manchester and co-investigator for the victims’ access to justice project funded by the Economic and Social Research Council, for working with me on this issue. I am also pleased that the amendment is supported by Victim Support. During evidence last week, Rachel Almeida, assistant director for knowledge and insight at Victim Support, stated:
“The Bill refers to regulations being introduced to collect prescribed information. It needs to be more explicit that that applies to every single right. We want compliance with every single right to be monitored. From evidence we have seen, that will not necessarily happen, so it needs to be really clear that the regulations cover every single right.”— [Official Report, Victims and Prisoners Public Bill Committee, 20 June 2023; c. 72, Q151.]
As amended, clause 6(2) with reference to the code would add elected accountability for provision of victims’ services. The elected local policing body—most commonly police and crime commissioners, but also metro mayors—are responsible for the commissioning of victim support services in their policing area. The amendment would specify the nature of the information to be provided. Police and crime commissioners do an awful lot of work on different aspects of policing and are responsible for its totality, so it is eminently sensible to focus the collection of prescribed information about the provision of services in accordance with the victims’ code. That would also support awareness of the code among agencies, which my hon. Friend the Member for Rotherham brought up under another amendment. Does the Minister agree with that? That way, police and crime commissioners would have a specific path to follow, with a clear outline of what they need to collect and what they do not, thus streamlining resources and saving time. It also enables a very clear feed of data up to the Victims’ Commissioner for the purposes of reporting as the scope is defined.
It is imperative that code compliance is reviewed and monitored by criminal justice bodies and I support the introduction of that measure in the Bill. However, failing to identify the scope will have an undesired impact, as it could either prevent the desired data from being collected altogether or could have an adverse effect on PCCs by overstretching their resources. Overall, consistent data collection in accordance with the victims’ code guarantees that criminal justice agencies are complying, and if they are not, it will expose areas where improvement is needed. It would also make available information on whether victims are aware of their rights in the victims’ code and which rights are being accessed and required the most. The only way in which criminal justice bodies can respond to the needs of victims in their respective areas and deliver is through the proposed data collection and by sharing different methods for delivering the guarantees of the code. The process could also inform the reform of services and the commissioning choices made by the elected policing bodies.
As previously outlined, the Victims’ Commissioner for England and Wales would also be able to use data collected by criminal justice bodies in each police area to produce a national survey that could be fed into both the commissioner’s annual report and general advocacy engagements with Government. It is beneficial for victims that the system is better informed and evidence-based policy can then be drafted because of that specified data collection.
New clause 2 would place a duty on specified public authorities to co-operate with the Commissioner for Victims and Witnesses. The clause would allow the commissioner to request a specified public authority to co-operate with them in any way they consider necessary for the purpose of monitoring compliance with the victims’ code. It also places a duty on the specified public authority to comply with that request. I am grateful to Victim Support, which supports that too, for outlining in last week’s evidence session that the clause would increase the powers and authority of the Victims’ Commissioner in line with those of the Equality and Human Rights Commission, the Independent Anti-Slavery Commissioner and the Domestic Abuse Commissioner, who is the most recent commissioner to be granted that power.
The Domestic Abuse Act 2021 gives the Domestic Abuse Commissioner specific powers that enable her to fulfil that role and places legal duties on public sector bodies to co-operate with her and respond to any recommendation she makes to them. The powers are essential for the commissioner to drive forward change and hold agencies and national Government to account for their role in responding to domestic abuse. It is therefore perfectly reasonable to grant the Victims’ Commissioner the same authority. I hope the Minister agrees. Especially when considering just how many victims of crime there are out there, I am sure he will agree that that simply strengthens the Bill.
Edward Argar
I am grateful to hon. Members for their contributions. I will respond on amendments 47 and 13 in turn, and will then touch on new clause 2.
I am grateful to the hon. Member for Rotherham for amendment 47. I understand that she seeks to require relevant bodies to raise awareness of the code, rather than taking “reasonable steps” to do so. I reassure her that our intention is, of course, that victims will be made aware of the victims code. The “reasonable steps” term is commonly used and well understood in legislation. The use of it here seeks to replicate section 24 of the Domestic Abuse Act 2021, which states that a senior police officer must “take reasonable steps” to discover the victim’s opinion before giving a domestic abuse protection notice. It appears similarly in the Homelessness Reduction Act 2017.
Sarah Champion
I am feeling the way the Minister is going with this. Might I make an on-the-hoof addition of the phrase “all reasonable steps”?
Edward Argar
The hon. Lady knows me well; she may have had a sense of the direction I was heading in and be seeking to gently see me off from it midway. I will return to her point in a second.
The reason why we have introduced a reasonableness requirement is to retain operational flexibility, to allow for circumstances in which it would not be reasonable or operationally possible to expect the code to be actively promoted to certain victims. For example, when a criminal justice agency is communicating with a victim, sometimes that victim may be too distressed to process information about or want to engage with the code, or they may be in a public environment. In such instances, we would expect the reasonable step to be to share the information, but at a more appropriate time for the individual.
That in-built flexibility recognises that those working in the system, day in, day out, have considerable expertise and can deploy that to determine the most appropriate moment and method for sharing the code with vulnerable victims. It is absolutely our intention that all victims are made aware of the code, but there is a sensitivity about how and when.
I know that, separately, more can be done to improve criminal justice agencies’ communications with victims. We will use statutory guidance to set out further detail on our clear expectations as to when and how relevant agencies should make victims aware of the code. That will also point to appropriate training so that staff working with victims are confident and comfortable to share it at the right time. We are working closely with stakeholders to ensure that that guidance is robust, ambitious and practical. My fear is that being prescriptive in asking agencies when they communicate with victims, through removing “reasonable steps” from the clause, may lead to less sensitive and effective sharing in order to meet the duty, but I am happy to reflect on the points that the hon. Lady has made.
Amendment 13 seeks to amend the clause 6 requirement on criminal justice bodies to collect prescribed information. It would add that the requirement to collect prescribed data must be in relation to services provided in accordance with the victims code.
I agree with the shadow Minister, the hon. Member for Cardiff North, that our intention is absolutely for this information to be relevant to how they deliver services in accordance with the code, rather than how they provide services more generally. However, I fear that the clarificatory amendment she has tabled is not necessary, because we believe the duties contained in subsection (2) are already sufficiently limited to be clear about the code under the preceding subsections.
To demonstrate the point, I am happy to clarify that the duty to collect prescribed information is supplementary to the overarching duty in subsection (1)(b), which requires the criminal justice bodies to keep under review how their services are provided in accordance with the victims code. It follows from the reference in subsection (1)(b) that the services referred to are only those that are relevant to how services are provided in accordance with the victims code.
Our view is that amendment 13 would overly limit the duty to collect prescribed information, and requiring the collection of only information about the provision of services in accordance with the code would not allow for the collection of related relevant information. That information could include, for example, contextual information on the systems in place to ensure an accessible complaints process, which would give a greater understanding of compliance with code right 12 to make a complaint about rights not being met. Therefore, on what I accept is a technical point, I encourage the hon. Member for Cardiff North not to press the amendment to a Division.
Finally, I will touch on new clause 2. I agree that it is vital that relevant bodies co-operate with the Victims’ Commissioner so that they can fulfil their statutory role to keep the operation of the victims code under review. We carefully considered whether updates were needed to the important functions and duties of the Victims’ Commissioner, to align them, where necessary, with those of more recently established commissioners—for example, the Domestic Abuse Commissioner. That is why this Bill already introduces key updates, such as a requirement that the Victims’ Commissioner’s annual report must be laid in Parliament and that relevant authorities must respond to recommendations that the commissioner makes in any report.
Jess Phillips
I just wonder what would happen if we were discussing a school in my constituency—let us say my own children’s school—and Ofsted just got to say, “Yeah, you’ve just got to hope for the best, really. Let’s just hope for the best, with a little bit of improvement.” There are no powers; this process does not go anywhere. I am not sure that I can see how there is any gumption behind any of these particular improvements, other than just, “They’ll respond”.
Edward Argar
As I say, our experience is that the Victims’ Commissioner—I suspect that this is by virtue both of the office itself and the strength of personality of all three Victims’ Commissioners—has tended to be successful in obtaining the information they need to do their job and shine a light on particular issues or individual system challenges. Therefore, we do not believe that it is necessary or proportionate to alter their powers further in the way that has been discussed.
We intend for the Victims’ Commissioner to have access to relevant compliance information collected and shared under clauses 6 to 9, both via national governance forums and through the duty on the Secretary of State to publish compliance information. That may not go the full way, but I hope it goes some way to reassuring the hon. Lady that the Victims’ Commissioner will have access to information on the code. We do not believe that additional powers to collect such information are required.
Anna McMorrin
Amendment 14 would place a duty on the Secretary of State to share all information collected regarding compliance with the victims code with the Commissioner for Victims and Witnesses. Clause 10(1) states:
“The Secretary of State must publish such compliance information as…will enable members of the public to assess…code compliance”.
Although I welcome clause 10 and agree that the public should be aware of agencies’ compliance with the victims code, the clause fails to provide information on how members of the public should be expected to interpret this data. I would welcome it if the Minister’s response addressed how that will be interpreted.
Amendment 14 would use the oversight by the Victims’ Commissioner to enable national analysis and oversight of compliance with the victims code, closing the feedback loop. Currently, although there is reporting, there is no independent reporting back of analysis to elected local police bodies or criminal justice bodies, or sharing of best practice.
The amendment would allow the Victims’ Commissioner to make an assessment on compliance across all police areas under the following categories: failures of reporting, areas of systemic non-compliance with the victims code, areas for improvement in compliance with the victims code, and evidence of best practice. The key focus has to be on ensuring the effectiveness of the oversight by the Victims’ Commissioner of compliance with the victims code throughout the whole of England and Wales. The reporting process would be both to the public and to criminal justice agencies, and it should encourage and support the development of higher standards for the protection of victims’ needs and interests.
Each of the four categories to be reported on by the Victims’ Commissioner is directed at a different aspect of identifying whether there is meaningful compliance with the requirements of the victims code. Such reporting should provide an overarching assessment of how effectively the victims code is working for victims. If a criminal justice agency fails to provide requested evidence regarding compliance with the code without just cause, this must be highlighted and publicly reported to provide accountability and encourage consistent reporting.
Through the Victims’ Commissioner’s oversight of criminal justice agencies reporting on the code, problem areas where there is evidence of non-compliance could be identified. For example, if there were consistent problems in providing for a category of victim, that could be highlighted and addressed as an issue across criminal justice agencies, rather than focusing on just one body. The process would naturally inform areas for improvement to ensure compliance with the code and enable support for criminal justice agencies in developing their practice in relation to victims. At the moment, however, there is no formal sharing of best practice in supporting victims in the justice system and meeting the expectations of the code. There is a lack of information for criminal justice agencies about the most effective services and processes to provide for victims under the victims code.
Reflecting on the evidence of compliance provides the commissioner with an important opportunity to share examples of best practice, including valuable services, procedures or approaches. This process would provide an environment in which positive developments could be identified, promoted and fed back to agencies that are doing well. We know that the agencies should seek to provide, and often do provide, the best service they can to victims, and that the process of reporting on compliance should encourage the development of effective services. The amendment would both promote the role of the code and provide resources for criminal justice agencies to draw on in developing their services for victims.
In evidence to the Committee last week, Caroline Henry, the police and crime commissioner for Nottinghamshire, stated:
“We need to increase transparency around whether the victims code is being complied with. We all need to be talking about victims more, and keeping victims at the heart of this”.––[Official Report, Victims and Prisoners Public Bill Committee, 20 June 2023; c. 43, Q83.]
I am sure the Minister agrees that this relatively minor amendment would absolutely do that.
Edward Argar
I am grateful to the shadow Minister for enunciating the rationale for amendment 14. I shall first address her amendment and then move on to clause 10.
I agree that access to information on victims code compliance will help the Victims’ Commissioner to assess the operation of the code. I also agree that that information should inform their annual report. The amendment would require the Secretary of State to share the code compliance information that they receive from relevant bodies with the VC. I reassure the Committee that we not only intend to share information with the Victims’ Commissioner, but we will make sure that we use their expert insight to interpret what the data shows and what it means in practice. That will be covered in the new national governance structure that is intended to oversee the new code compliance framework put in place by the Bill.
We will set out more details about the structures in supporting guidance as we continue to test and develop proposals with stakeholders—the shadow Minister is welcome to contribute to that process. However, as relevant data will be shared in that forum, and the Victims’ Commissioner will also be able to access the published information, we do not see that additional data sharing arrangements are necessary in the Bill.
On the proposal that there should be a requirement on the Victims’ Commissioner to assess compliance and consider specific issues, that is exactly what we are seeking to achieve through the slightly different mechanism of the national governance forum on which the Victims’ Commissioner, among other important voices in the criminal justice system, will sit.
The Victims’ Commissioner has existing legislative responsibility to keep the operation of the victims code under review and existing powers to make reports and recommendations. The broad approach to the existing requirements for the Victims’ Commissioner means that all annual reports have already included a section on the victims code, and the increased overview and data will support further reporting on compliance.
We want to keep the potential topics that the Victims’ Commissioner can choose to cover as broad as possible. Being overly prescriptive could reduce the flexibility and independence in the role. We want to give the Victims’ Commissioner the flexibility to determine themselves which topics they wish to look at and cover. I hope that gives the shadow Minister some reassurance that the Bill as drafted will allow the Victims’ Commissioner access to code compliance information, and to use it to inform their annual report. We expect the Victims’ Commissioner to be a key lever in driving improvement in the system within the new national oversight structure.
Clause 10 ensures that we have appropriate transparency of code compliance data—first, by requiring the Secretary of State to publish victims code compliance information, which will allow the public to assess whether bodies are complying with the code; and secondly, by requiring police and crime commissioners to publicise that information in their local areas. We know that data transparency across a range of public functions can drive performance, and we heard at pre-legislative scrutiny that it was important to provide greater certainty that the compliance information would be published.
Publishing compliance information will allow victims, stakeholders and the public to understand how well bodies are complying with the code, as well as allowing for benchmarking and comparison across areas to identify disparities, share best practice and help drive improvements. I appreciate that right hon. and hon. Members might have concerns about the publication of sensitive information. Some information collected, such as feedback from victims that might be identifiable, may not be suitable for publication because it would infringe on privacy rights and potentially compromise victims’ confidentiality.
The clause therefore allows the Secretary of State a degree of flexibility in determining what information should be made public to allow effective assessment of code compliance while also protecting the identities of victims.
Anna McMorrin
I thank the Minister for his response to amendment 14. The issue is to ensure that the Victims’ Commissioner’s oversight role is strengthened, which is what the amendment would do. I am not sure whether the Minister gave me the assurance that there would be a strengthening. The previous Victims’ Commissioner, Dame Vera, was explicit about the fact that she lacked the data to ensure compliance throughout her tenure. I would like a bit more assurance that the Bill will do that. I will not seek to push the amendment to a vote today, but I would like to work to see how we can strengthen the Bill on that specific issue. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 10 ordered to stand part of the Bill.
Clause 11
Guidance on code awareness and reviewing compliance
Question proposed, That the clause stand part of the Bill.
Edward Argar
I will speak to clause 11 stand part, and in my concluding remarks address the speech that the hon. Member for Rotherham will make when she speaks to her new clauses.
Our approach through the Bill is to provide a framework to drive improvement and to use statutory guidance to set out how to operationalise that framework. That is why clause 11 requires the Secretary of State to issue guidance that will support the bodies subject to the code awareness and code compliance duties in clauses 6 to 10 to discharge those duties. It also requires those bodies to have regard to the guidance, which I hope provides reassurance to the hon. Member for Rotherham that there are sufficient provisions in place to ensure agencies take the statutory guidance on board.
We intend for the guidance to cover topics raised by hon. Members: how relevant bodies can promote awareness of the code, including how to make the code accessible and how to provide training to staff so they can confidently engage with victims; how police and crime commissioners will be required to report to the Secretary of State on their local reviews of code compliance information; and what good or poor performance looks like. It will also cover information on how local and national oversight structures will work, including routes for escalating on issues between them and on how data sharing and publication will work. The frequency of information collection will be set out in regulations and reflected in the guidance as appropriate.
Getting the guidance right is crucial to ensure that the policy works on the ground, so that it is clear what those subject to the duties are expected to do, and to encourage good practice and consistency across England and Wales. We intend to publish details of the guidance during the passage of the Bill to enable parliamentarians to have it to hand as they debate the Bill in its subsequent stages, and we are currently working with bodies subject to those duties and those who represent victims to develop it so that we can be sure it will work operationally. Underlining the importance of considering the views of those affected by the guidance, the clause also requires the Secretary of State to consult relevant stakeholders before issuing the guidance, which will ensure that it is useful and reflects the operational context.
Our approach to setting out the framework for code awareness and code compliance in the Bill, and the detail in statutory guidance and regulations, is the right way to drive improvement in the victim experience. I hope that clause 11 will stand part of the Bill.
Sarah Champion
Clause 11 is a welcome part of the Bill that requires the Secretary of State to issue guidance regarding the code awareness and reviewing code compliance. We know that the guidance may include provision about ways of promoting awareness of the code; how information is collected, shared and reviewed; and the steps that an elected local police body must take to make the public aware of how to access compliance information. That is all vital for ensuring accountability and awareness of these issues, but alone it does not go far enough. It must be on the face of the Bill that the code is accessible to all victims, particularly those who have disabilities or whose first language is not English. The Secretary of State must ensure that code awareness is raised among those groups too.
It is also not enough to publish code compliance and draw public attention to how to access that information. If we want to ensure that victims’ rights are met, we need to actively monitor their enforcement. New clause 5 seeks to ensure that the victims code is accessible to all victims and associated services. The new clause is supported by Women’s Aid and addresses issues raised by charities such as Victim Support, which I thank for helping to draft it.
As we know, the victims code sets out the minimum standards that organisations must provide to victims of crime. However, specialist violence against women and girls organisations have an abundance of evidence that indicates the needs of deaf, disabled and blind victims, as well as victims whose first language is not English, are being overlooked, neglected or at best addressed inadequately. It is truly concerning to hear from Women’s Aid that public bodies, including the police, often fail to comply with their obligations under the Equality Act 2010 to eliminate discrimination, harassment and victimisation when interacting with victims facing communication barriers. Their right under the victims code—
“To be able to understand and to be understood”—
is also not being upheld. We know from specialist “by and for” led organisations that this is having a direct impact on marginalised victims not coming forward. This failure to respond to their communication needs is preventing victims from coming forward. As a result, victims are left with no choice but to stay longer with an abusive perpetrator and are at risk of increased harm while being denied justice.
Rising Sun, a specialist service, highlighted a case whereby a victim’s disability was not factored into the support plan and she was not provided information in Braille. Not only did this impact on her ability to make an application for a non-molestation order; she could not even read the resources provided on domestic abuse. She was left feeling humiliated and embarrassed, and stayed with her abusive partner for a further four weeks before fleeing to emergency accommodation with her children.
As discussed on earlier amendments, by failing to address and respond to communication barriers, there is a risk of the police having incomplete information and evidence from victims due to the lack of support to ensure they were understood. A survivor working with Women’s Aid urged for there to be more training to support those with accessibility needs, such as deaf people. She highlighted that we have a BSL Act but this it is not having any impact on survivors of domestic abuse.
The Government state that one of the first objectives of the Victims and Prisoners Bill is to introduce measures
“to help victims have confidence that the right support is available and that, if they report crime, the criminal justice system will treat them in the way they should rightly expect.”
It is clear, therefore, that new clause 5 is vital to ensure that all practical steps are taken to ensure that the code is fully accessible to all victims, particularly deaf, disabled and blind victims, as well as victims whose first language is not English.
Victim Support has also raised concerns about the need to implement the right to be understood. One woman, Angela—both her name and the languages have been changed—was wrongly arrested when she attempted to seek help from the police after experiencing domestic abuse. Despite taking regular English classes, Angela struggles with language skills in pressured or stressful situations. When she contacted the police to report the abuse, her partner at the time, who was fluent in English, managed to convince the police officers that he was the victim. Angela said:
“They cuffed me, put me in a police car, so I said, why? I was being treated like a criminal, so I was in great shock.”
At no point did the police ask Angela if she understood what was happening or if she needed a translator, even when she started speaking in Romanian. She said:
“They were just saying, ‘speak English, speak English!’”
Angela was arrested and held in police custody. She only got an interpreter at 8 pm, despite asking for one at 2 pm. After explaining what had happened through the interpreter, Angela was, thankfully, released and her partner was later charged. Eventually, the case went to court and the perpetrator was found guilty and issued with a restraining order. However, a copy of the court ruling was only sent in English, and Angela had to pay to have it translated.
It must be on the face of the Bill that the Secretary of State must take all practical steps to ensure that victims who are deaf, disabled or visually impaired, or who do not speak English as their first language are able to understand their entitlements under the code. We cannot allow anyone, in particular vulnerable women such as Angela, to be wrongfully treated and unaware of their rights do to these language barriers.
New clause 5 would also require the Justice Secretary to ensure that criminal justice bodies signpost victims to appropriate support services, and to ensure that appropriate training is delivered to staff in criminal justice bodies, including by specialist domestic abuse services. This is desperately needed, as we know from the examples we have heard over the past few days. I urge the Minister to consider adopting the new clause, or to please give assurances that he will include guidance on not only accessibility and awareness of the code, but on providing training to criminal justice agencies.
I now turn to new clauses 11 and 12. New clause 11 would place a duty on the Secretary of State to make an annual statement on compliance with the victims code, and new clause 12 would require the Secretary of State to set minimum threshold levels of compliance with each right of the victims code. The new clauses aim to strengthen the accountability of the victims code of practice by placing a duty on the Secretary of State to oversee them. They also aim to remove the core responsibility of overseeing enforcement of the code from the police and crime commissioners, who currently do not have sufficient powers and, in many cases, resources to either ensure compliance or hold contributors to the local criminal justice board to account.
New clause 12 would also ensure that the information on regulations covers every right in the victims code so that genuine improvements for victims will be achieved. In 2019, the independent Victims’ Commissioner carried out a review of delivery of the victims code. Sadly, the review found that the code is failing to deliver the improvements and sense of change required, because of fundamental problems that require systemic changes to be fixed. The needs of victims are not being met, and agencies are still struggling to deliver the code. The review called for an urgent reform—and that was in 2019. Wider victims code compliance data is not readily available, but aspects of it, such as being informed of the option to write a victim’s statement, are tested by the Office for National Statistics. That is reflected in the Ministry of Justice’s “Delivering justice for victims” consultation document, which sadly offers no detailed look at code compliance from other data sources.
The new clauses seek to tackle the lack of compliance by addressing the accountability issues denying victims and witnesses their rights and entitlements. The current set-up relies on the local criminal justice boards, the majority of which are chaired by the PCCs. LCJBs were introduced to bring together criminal justice partners to identify priorities, improve the experiences of victims and witnesses and deliver agreed objectives to improve the effectiveness of the local criminal justice system. They are aligned to the police force areas and operate as voluntary partnerships. However, when looking at right 4, for example, regarding support services for victims, the third sector, integrated care boards and sometimes local authorities are missing from this core conversation on the victims code.
In 2016, the Local Government Association undertook a high-level review of the council’s role in providing community safety services. Part of that review scrutinised PCCs and their role in chairing LCJBs. The review found that relationships between local councils and the PCCs were, not surprisingly, varied. It was clear that in some areas relationships are well established, with close work taking place; in others, relationships have proved more difficult to establish and there is very little contact, particularly where local priorities differ between the leading PCCs and the community safety partnerships. The review also found that similar variations were reported regarding the strength of local authority relationships with other statutory partners. In some areas excellent relationships are in place; however, it is clear that that is not universal. In other places, there continue to be concerns about siloed working and core issues such as data sharing. Stronger mechanisms must be in place to ensure that code compliance is on a national scale. We cannot have another postcode lottery being exacerbated due to the lack of accountability.
By placing a duty on the Secretary of State to both gather the data and publicly analyse it, there will be an emphasis for the relevant bodies to both return the data and work to improve it. Additionally, requiring criminal justice agencies to report annually on compliance provides the Secretary of State with a level of necessary oversight to ensure compliance and that victims’ rights and entitlements are upheld. The Secretary of State can then make an annual statement on the current state of code compliance and provide additional support and scrutiny wherever necessary to ensure that the code is working effectively for victims and witnesses. That also allows for more parliamentary scrutiny where necessary.
New clause 12 requires the Secretary of State to set a minimum threshold level of compliance for each right under the victims code. If the threshold for compliance is not met, the Secretary of State must commission an inspection and lay it before Parliament. Core accountabilities of the measures in the Bill must go back to the Secretary of State to ensure that we as parliamentarians can hold him or her to account, reporting the steps taken to correct any issues. That is a vital safeguard for Parliament. It should lead to urgent and tangible change where failures have taken place, and ultimately to a better experience for all victims.
Anna McMorrin
I support my hon. Friend’s new clauses. Victims who are deaf, disabled or blind or whose first language is not English are constantly being failed by the criminal justice system, so new clause 5 is essential. New clauses 11 and 12 raise key issues regarding accountability. It goes back to what I was talking about with my amendments. We need accountability. Treatment for victims is a postcode lottery, dependent on which policing areas see fit to hold services to account and ensure that victims’ needs are put first. I know that the Minister wants to address compliance, so I hope he will respond to my hon. Friend, who has made some important points.
Edward Argar
I am grateful to the hon. Member for Rotherham for tabling the new clauses, and I hope that she will allow me to address them all together. Although they each address different aspects of victims code awareness and compliance, they are interrelated. I wholeheartedly agree with the aims of each new clause, but we believe that the issues are already addressed in the Bill and associated measures. What differs is how the new clauses would achieve what is essentially a shared aim.
Broadly, the new clauses would either place duties in legislation where we instead propose including provision in statutory guidance, or introduce duties that we feel are already provided for in the Bill; I will go through the specifics in a second. As I said, the approach that we have taken to drive up code awareness and compliance is to set up the key structures of the framework in the Bill but to allow for the regulations and statutory guidance that operationalise it to be where the detail is found. Where we have introduced new duties, we have carefully considered how to do so in the way that we believe will be most effective in delivering the improvements in victim experience that I think is a shared objective for everyone in the room.
New clause 5 is intended to improve accessibility and awareness of the victims code and associated services. I share the hon. Lady’s aim of ensuring that all victims have access to the information that they need to support them in engaging with the criminal justice process. The new clause would require the Secretary of State to
“take all practicable steps to ensure that the code is fully accessible…and to promote awareness of the code”.
As right hon. and hon. Members will have seen in clauses 6, 8 and 9, we are placing explicit duties on criminal justice agencies to promote awareness of the code among victims and the public. We have placed that duty on agencies rather than the Secretary of State. Because those agencies are the ones in contact with victims day in, day out, they are best placed to raise awareness directly with victims themselves and to shoulder that responsibility.
Outside the Bill, I agree that there is a role for the Government in promoting code awareness. This is why we have committed to raising awareness of the code among practitioners, victims and the general public. For example, we are looking at a Government communications campaign and similar measures to boost that broader reach.
Sarah Champion
What language is that campaign in? I am holding up my phone to make a point about access to smartphones and smart technology. Translating all the core documents, which could easily be downloaded on a phone or printed out by an officer or support service, does not seem a particularly complex thing to do, if there is the Government will to make it happen.
Edward Argar
I am grateful to the hon. Lady. As I say, I am looking at how we might do this, so I am not in a position to make firm commitments to her, other than that I will bear what she says in mind when we get to the point of being able to do something like this. She made a sensible point and, typically, in doing so she also suggested a possible solution.
Accessibility is hugely important. The code, however brilliant it may end up being, is of limited value if people cannot access it to understand it and know how it relates to them. We know that victims not only need to know about the code, but need to understand it. We recognise the importance of that. We are considering carefully how we can ensure that everyone who needs to understand it can do so. I am happy to work with the hon. Member for Rotherham. My meeting agenda over the summer and in September is getting longer and longer, but I am always happy to spend time with her to discuss such matters.
The hon. Lady’s new clause 5 would also give the Secretary of State the power to make regulations prescribing that criminal justice bodies must signpost victims to appropriate support services and must receive appropriate training, including from specialist domestic abuse services. It is absolutely right that victims should be signposted to appropriate support services. Right 4 under the code contains an entitlement for victims to be referred to support services and to have such services tailored to their needs. Through the new duty on criminal justice agencies to take reasonable steps to make victims aware of the code, more victims should be aware of their entitlements.
I turn to training. Agencies already deliver training on the code to their staff to ensure that they are confident and comfortable sharing it. For example, the national policing curriculum uses interactive and group training methods to deliver training in as impactful a way as possible. That is regularly reviewed and updated as necessary.
Jess Phillips
I do not have the data, and I do not expect the Minister to have it at his fingertips, but does he know how many police officers have actually had that training? Less than 50% have been trained on what coercive control is, for example.
Edward Argar
The hon. Lady slightly pre-empts my answer. If that information is centrally held, I will endeavour to get it and write to her with it.
I am also pleased that the College of Policing has developed the Domestic Abuse Matters programme, which has already been delivered to the majority of forces. It was developed in conjunction with SafeLives and with input from Women’s Aid.
In addition, the CPS will work with specialist support organisations to develop bespoke trauma-informed training on domestic abuse to help prosecutors to understand the complexities that victims experience in those crimes. Information on domestic abuse and how to recognise the signs and provide support is also available to HMCTS staff. To increase the impact that the training agencies already deliver, we are using statutory guidance to set out advice regarding appropriate training so that staff working with victims are confident in how to share the code sensitively and effectively at the right time for the victim.
We are confident that for both training and accessibility, statutory guidance under the existing code awareness duty is the most flexible and effective approach. It can set standards while allowing agencies to tailor it for the different needs of agencies, staff and victims, and it can be kept up to date more easily, which enables us to take a continuous improvement approach. The hon. Member for Birmingham, Yardley is right to make the point that we can have fantastic guidance and training, but the key thing is to ensure that it is engaged with and that practitioners take the training on board and—I have used this dreadful word a few times—“operationalise” it in their day-to-day work. It is right that independent agencies have the expertise to decide how best to design and deliver training, rather than the requirement sitting with the Secretary of State. We already have provisions in the Bill and additional measures to address the aims of new clause 5, so I encourage the hon. Member for Rotherham not to press it to a Division.
New clause 11 would place a duty on all agencies with victims code responsibilities to monitor and report on compliance, and a duty on the Secretary of State to report annually to Parliament. I am grateful for the debate we have had, and I absolutely agree that we must monitor and report code compliance information. That is vital to understanding whether victims are getting the service they should. As I mentioned in our debate on a previous group of amendments, in 2019-20 only 23% of victims and 22% of the public were aware of the code, and only 45% of victims felt that the police and other criminal justice agencies kept them informed. That is why the Bill already legislates for new duties on code awareness and compliance in clauses 6 to 11. We therefore consider that new clause 11 is already covered by the existing provisions.
Sarah Champion
I wonder whether the Minister plans to speak about what enforcement there is if things do not go as he anticipates in the Bill.
Edward Argar
Without testing the patience of the Committee, I have a few more points I intend to make before concluding. I hope that some of what I say may well reassure the hon. Lady. If it does not, I am sure she will return to it at some point.
Together, these clauses set out the new code compliance monitoring framework by requiring key criminal justice agencies to keep their compliance with the code under review through collecting, sharing and reviewing compliance information and by reporting to the Secretary of State—either through police and crime commissioners, for local area reporting across agencies, or via separate routes for the national police forces. As has been outlined, those reports will be fed into a national forum where the data is reviewed, and the Secretary of State will publish relevant information to create as much transparency as possible. We are actively considering how often compliance information and data will be shared, and we will include that in the statutory guidance.
Where the amendment differs is in covering all agencies that deliver services under the code. This is a long list and includes bodies for which direct working with victims of crime is not central to their work. We carefully considered which agencies should come under these important but potentially not un-onerous monitoring and reporting responsibilities. We sought to choose key agencies that work day in, day out with victims of crime and have most responsibilities under the code, for example the police, the CPS, the courts, prisons and probation, and youth offending teams. That is where we want to prioritise resourcing to deliver robust local and national oversight. I agree that the Secretary of State reporting annually to the House is a vital part of accountability. We will continue to test and develop proposals for the new national governance forum, and I am open to considering how the findings and outcomes of that forum can best be reported to Parliament to allow parliamentary scrutiny and debate of such measures.
New clause 12 would require the Secretary of State to set victims’ code compliance thresholds by regulations, trigger inspections if thresholds were breached and require inspection reports to be laid before Parliament. I agree that there should be clear standards for the service that victims should receive, and consequences if service falls below that threshold. Our approach to achieving that is related to, but slightly different from, the proposal of the hon. Member for Rotherham. Although we will use regulations to set out what information must be collected to monitor code compliance, we think statutory guidance should cover the important issues that the hon. Lady has raised, such as thresholds that may trigger escalation to address poor performance. That is particularly appropriate for considering performance thresholds, given how the victims’ code sets out entitlements: they are a mix of what victims should receive, or have the opportunity to receive, and how they should be treated. In this context, the quality of communication and delivery really matters.
We will better understand code compliance, including the quality of delivery, by gathering consistent information from a range of different sources, including victim feedback, quantitative data and process narratives to understand how agencies deliver less measurable entitlements. That basket of evidence will hopefully give us a broader picture of how well local areas are delivering the code. The information on code compliance will allow police and crime commissioners to assess where improvements are needed, what agencies’ plans are to drive these improvements and whether those plans are working. Measuring whether standards are improving in this way will be more effective than setting a potentially arbitrary threshold, against each code right, as to what triggers escalation.
Where local solutions fail or greater oversight is required, police and crime commissioners will be able to escalate systemic issues to the national governance forum. I agree that inspections will help to drive change, which is why the inspectorates will be invited to attend the national governance forum. When systemic issues and poor performance are identified at a national level, that will be an opportunity to use the powers that we have introduced in the Bill for Ministers to direct a joint victim-focused inspection in areas that are consistently not delivering or to examine a range of issues that are clearly challenging in a number of areas, rather than requiring an inspection for each individual breach. In cases where there are individual breaches, there are, of course, complaints processes, and the Parliamentary and Health Service Ombudsman can take appropriate actions to identify the most appropriate route for redress.
Finally, with regard to laying a report in Parliament, inspection reports are already published. As I have said, I am open to considering how the national governance forum reports and work can be fed into Parliament, and I will work with the hon. Member for Rotherham and others across the House to ensure that we get this right. I hope that that gives the hon. Lady some reassurance.
Question put and agreed to.
Clause 11 accordingly ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Fay Jones.)
Victims and Prisoners Bill (Seventh sitting)
Edward Argar ExcerptsThursday 29th June 2023
(1 year, 5 months ago)
Public Bill CommitteesRead Full debate Victims and Prisoners Act 2024 View all Victims and Prisoners Act 2024 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 29 June 2023 - (29 Jun 2023)
Anna McMorrin (Cardiff North) (Lab)
I pay tribute to my hon. Friend the Member for Rotherham—not only for her powerful speech today, but for the huge amount of work that she has done on this very, very important issue. All of us here today can hear how absolutely important it is that the Government act on this issue. We fully support her in her endeavours and urge the Minister to respond positively and to find a way through. Registered sex offenders cannot be allowed to change their names without informing the police, and without the police then being able to take action. Leaving that loophole open calls into question the integrity of all the schemes that the public rely on. We all think that the public are safe through such mechanisms, as my hon. Friend set out.
I am stumped for words by what my hon. Friend has called out, some of which is deeply shocking. The child sex offender disclosure scheme, the domestic violence disclosure scheme, and the Disclosure and Barring Service all rely on having the correct name. If they do not have that, how do they go about safeguarding the many survivors and victims out there? My hon. Friend pointed out that an offender can easily change their name from anywhere, even prison, and there is no joined-up approach between the statutory and other agencies. I understand from the data that she collected that the Home Office has confirmed that more than 16,000 offenders were charged with a breach of their notification requirements just in the five years between 2015 and 2020.
The BBC discovered that 700 registered sex offenders have gone missing in the last three years alone, so it is highly likely that they breached their notification requirements without getting caught. Families and survivors deserve to know if a perpetrator has changed their name. Relying on a system that depends on registered offenders self-reporting changes in their information is dangerous, and an enormous risk to public safety. I hope that the Minister will respond with the positive message that he will go back to his Department and work with colleagues to change that.
The Minister of State, Ministry of Justice (Edward Argar)
It is a pleasure to serve under your chairmanship again, Ms Elliott. I am grateful to the hon. Member for Rotherham for her amendment and the debate that it has provoked, and to my hon. Friend the Member for Bolsover (Mark Fletcher) for his campaigning on this issue and his ten-minute rule Bill. I congratulate the hon. Lady on her dexterity in bringing the matter into the scope of the Bill, but above all I recognise the serious concern that certain categories of offender, such as sex offenders, might change their name to evade monitoring, which would clearly not be right. I pay tribute to Della and the Safeguarding Alliance for their work; I hope to meet them in the coming weeks to discuss the matter.
The UK already has some of the toughest powers in the world to deal with sex offenders and, more broadly, other offenders who pose a risk, but we are committed to ensuring that the system is as robust as it can be. The majority of offenders released from prison are subject to strict licence conditions to manage the risk of harm that they pose. In July 2022, a new standard licence condition was introduced that requires offenders to notify their probation practitioner if they change their name. Failure to disclose it is a breach of licence and could result in recall to custody.
However, as the hon. Lady ably illustrated in her remarks, that relies on those individuals doing the right thing. Given the nature of the offences and of the individuals concerned, I suggest that that poses a significant level of challenge. I will ask my officials to take away the point that my hon. Friend the Member for Stroud raised about gov.uk, which sits with the Cabinet Office, and ask that it be looked into.
As right hon. and hon. Members will be aware, there are multi-agency public protection arrangements designed to protect the public, including victims of crime, from serious harm by sexual offenders, violent offenders, terrorists and other dangerous offenders. They require the local criminal justice agencies and other bodies dealing with offenders to work in partnership. Measures are also in place that legally require registered sex offenders to inform the police of any name change; where a registered sex offender poses a specific risk in relation to name changes, the courts can restrict their ability to change their name, although again the same challenge exists.
Disclosure of any name change to victims is currently decided on a case-by-case basis. There will be a careful risk assessment process to consider whether disclosure of a name change is necessary for the protection of a victim, or whether it could provoke threats to the family of the offender or others, which could put them at risk. The process does need to be managed on a case-by-case basis. I do, however, fully understand the intention behind the ten-minute rule Bill, the amendment tabled by the hon. Member for Rotherham, and indeed the strength of feeling in the Committee today—and which I think we saw through attendance in the House when the ten-minute rule Bill was debated—to ensure that there are no loopholes that allow sex offenders to change their names unregistered.
Sarah Champion
I know that the Minister takes his brief incredibly seriously and recognises the severity of the consequences as things currently stand. I think he has also heard the degree of support within this room—and, I am quite sure, within the House—to do something quite dramatic to close this loophole. I will therefore gladly accept his offer, but I really need to see something different on the face of the Bill at a later stage, because we have to do something.
Edward Argar
Because of the nature of the parliamentary Session and the carry-over, we will have a period between this Bill’s leaving Committee and its returning to the Floor of the House on Report, which I suspect will happen around Christmas time, given uncertainty over the timing of the King’s Speech. I am happy to use that period to work with the hon. Lady to see whether we can find a way forward ahead of Report stage.
Sarah Champion
I give way to my hon. Friend the Member for Birmingham, Yardley.
Sarah Champion
The Minister can address sentences and conditions, but we absolutely need the Home Office on board.
Sarah Champion
With the Minister’s nodded confirmation that that will happen, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Janet Daby
I, too, endorse the proposals brought forward by my hon. Friend the Member for Rotherham. In 2021, the former Victims’ Commissioner stated that 43% of rape victims pulled out of cases. I am sure that my hon. Friend agrees that trials can be especially difficult for victims, and that therapy guidance for victims pre-trial must be of a high standard and advertised to victims if the Government are to tackle worrying attrition rates in rape cases. I look forward to the Minister’s response.
Edward Argar
Amendment 53 would place in the victims code a requirement to inform victims of their right to access pre-trial therapy, and require the CPS to annually review the implementation of its pre-trial therapy guidance. I am grateful to the hon. Member for Rotherham for provoking this debate by tabling the amendment.
It is vital that victims get the support they need to cope and recover from the impact of crime, and pre-trial therapy is a hugely important part of that. The hon. Member for Lewisham East commented on the number of complainants and victims who withdraw from a case—the technical phrase is victim attrition; it is not the best phrase in the world—or do not see it through. A variety of reasons and a range of factors sit behind that. Lack of therapeutic support may not be the only one, but it is undoubtedly one of them. I am aware of instances where victims have mistakenly been advised not to seek the therapeutic support they need and to which they are entitled while they are involved in a criminal justice process. That should not happen, and I am again grateful to the hon. Member for Rotherham for raising that.
The first part of the amendment would require the victims code to include a specific requirement on all criminal justice agencies to inform victims of a right to pre-trial therapy. I hope I can reassure the hon. Lady to a degree that there are already many provisions in the Bill and, indeed, beyond it to make victims aware of how they can access pre-trial therapy. What came through in her remarks is that the challenge is not the obligations in the Bill or other legislation, but how they are operationalised and pull through into the experiences people have when interacting with the system.
The Bill already includes the code principle that victims should be able to access services that support them, including specialist services. The code itself includes the detail that those services can include pre-trial therapy and counselling, and we are introducing a new duty in the Bill on certain criminal justice agencies, including the police and the CPS, to raise awareness of the code and the rights within it. None the less, I am open to considering how we can make information relating to pre-trial therapy clearer in the new victims code, as it is critical that practitioners do not, even inadvertently, deter victims from seeking the support they need.
As hon. Members will be aware, we have committed to consult on an updated victims code after the passage of the Bill, and as I have said on previous occasions, I am happy to work with the hon. Member for Rotherham and others on the Committee on the new code. We have put out an indicative draft, which is almost a pre-consultation consultation, but that allows the flexibility for hon. Members and others to reflect back their thoughts on it.
Jess Phillips
As a point that may be interesting as we try to get this right established is that when I ran a rape crisis counselling service, this was not particularly an issue. Something has happened—something chilling—in the last eight years that means it is now a pressing issue. It was never the case, and rape crisis counsellors would always just make very sparing notes. Something has gone wrong, and in trying to move forward we should do a piece of work on where it started to go wrong.
Edward Argar
The hon. Lady brings to the House and this Committee a huge amount of experience from having worked in this sector and seen changes to it, and an interest that she has maintained since being elected to the House—at the same time as I was—and through her shadow ministerial roles. She is right; it is important that, if things have changed, we seek to understand the genesis of and the reasons for that change, and how to address it.
Sir Oliver Heald (North East Hertfordshire) (Con)
The point being made about delay is important. The pandemic was of course a very difficult period for the courts. Is the Minister able to give us any reassurance that the courts will be able to hear these cases more quickly? I suspect one of the reasons for this situation is that, if there is a very long period between the incident and the time of trial and there are counselling notes over an extended period, there is a temptation to see if there is an element of coaching—the hon. Member for Rotherham made that point—or even inconsistent statements, as a period of time has lapsed.
Edward Argar
My right hon. and learned Friend is right to highlight the importance of this point. On the big picture of court backlogs, it is important to remember that 90% of cases are dealt with in magistrates courts swiftly. It is the serious cases, such as those we are discussing, that are sent to the Crown court, and that is where we do see delays. There has been investment in Nightingale courtrooms—a new sort of super-court, if I can put it that way—just up the road from my constituency, in Loughborough. We are implementing a range of measures to tackle the backlog. He is absolutely right that the timeliness of a case being heard is a key factor in a victim sticking with the process and being able to give their best evidence. He is also right that the longer the delay, the greater the temptation to seek more “evidence”, more documents, over that period. Timeliness is hugely important.
We will also continue to take action to ensure that victims are not put off from seeking support due to fear that their therapy notes may be unnecessarily accessed as part of a criminal investigation, including through the proposed Government amendment that was alluded to, which will place a duty on police to request third-party materials that may include pre-trial therapy notes only when necessary and proportionate to the investigation.
Sarah Champion
I want to explore the Minister’s phrase about victims giving their “best evidence” in court. I have tried to get to the bottom of what is going on in the minds of the police. I think they see victims of crime as witnesses, rather than victims in their own right. They are trying to protect the evidence, effectively, to get the conviction that they want. The police need to understand that a well-supported victim is able to give the best evidence, because they have confidence and clarity of mind, and the support of knowing that there is someone there who has got their back. The reason I am arguing for a provision in the Bill—perhaps under an expansion of what specialist services means; I am happy if it is in the guidance—is to make the police aware that there is no chilling effect from a victim having pre-trial therapy.
Edward Argar
The hon. Lady makes an important point. I think progress is being made. In saying that, I point to, for example, the work being done through Operation Soteria. I pay tribute to the work of Chief Constable Sarah Crew and her officers in Avon and Somerset, and there are others working on these issues around the country, trying to change that understanding. There is of course more to do, which is why the hon. Lady has brought forward the amendment, but I see some encouraging signs, particularly in the work that Sarah has been leading.
The second part of the amendment would place a requirement on the Crown Prosecution Service to annually review the implementation of pre-trial therapy guidance. I reassure the hon. Lady that the Crown Prosecution Service already has a robust compliance and assurance regime across all its areas, which includes specific questions on consideration of the privacy rights of victims. The CPS is also a key part of Operation Soteria. Next month, the CPS will relaunch its individual quality assessment guidance, which is its assurance tool to make sure it is delivering high-quality casework. That will include additional information on consideration of a victim’s privacy rights during an investigation, which I hope will help bring consistency across the CPS.
I urge the hon. Lady not to press the amendment to a Division, as I do not believe that including this measure in the Bill is necessarily the best approach. As I have said a number of times, I am happy to work with her in respect of the code, the consultation and how we might draw this out a bit more clearly, but also on an operational basis more broadly. I suspect that we may be spending a lot of time together over the summer and coming months, given the number of commitments I have made to work with her. There may be ways that we can also work with colleagues at the Home Office, the police and others to make sure that what is already there is fully understood and operationalised.
Sarah Champion
Given those assurances, I will withdraw the amendment. I agree with the Minister that it is about the first or second community officer someone speaks to—that seems to be where the misunderstanding is, so we have to find a way to filter the message down down. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Edward Argar
Amendment 64 would require the victims code to state that victims must be informed of their rights to access special measures in the family court. We agree that all participants in court proceedings, including in the family court, should be able to give evidence to the best of their ability, and I appreciate that the shadow Minister cited a number of harrowing cases and highlighted some broader issues. If I may, I will confine myself rather more narrowly to the scope of the amendment. I will also highlight that I would be very wary of trespassing into territory that would see me commenting on what is rightly subject to judicial discretion and the decisions of individual judges.
We already have a number of measures in place to support participants in the family court whose ability to give evidence is impacted, as the shadow Minister set out, by the trauma and retraumatisation of having experienced domestic abuse and then having to give evidence. Examples of those special measures in family proceedings include giving evidence behind a protective screen or via video link.
In section 63 of our landmark Domestic Abuse Act 2021, on which there was a large amount of cross-party co-operation—I am looking at the shadow Home Office Minister, the hon. Member for Birmingham, Yardley—we have strengthened eligibility for special measures for victims of domestic abuse in the family courts. I gently disagree with the hon. Member for Cardiff North when she says that it has made no difference. As a result, the existing Family Procedure Rules automatically deem victims of domestic abuse as vulnerable for the purposes of considering whether a participation direction for special measures should be made. That provision came into effect on 1 October 2021. However, the decision is quite rightly a matter for the presiding judge in the case.
As the hon. Member for Cardiff North highlighted, what the amendment addresses is raising awareness of rights—not the decision made by the judge, but awareness that the rights exist and that an application is possible. I agree that it is important not only that this provision exists, but that participants in the family court are made aware of it. However, I stress that the victims code and the provisions in part 1 of the Bill are intended to set out the minimum expectations for victims navigating criminal justice processes, rather than other proceedings or settings such as the family court. It is important to highlight that distinction.
We are, however, committed to ensuring that participants in family proceedings are aware of the role of special measures and of their entitlement to be considered for them. Following the implementation of the provision in the Domestic Abuse Act 2021, the Ministry of Justice and His Majesty’s Courts and Tribunals Service have been monitoring the data on special measures requests using the online application service. We have been assessing what more could be done to make parties aware of their rights with regard to the provision of special measures.
As a result of the changes that have been made, guidance has been developed in collaboration with the Family Justice Council, which provides information on the support and special measures available at local courts. This information is now set out with notices of hearing in all family cases.
I hope that what I have said goes some way towards reassuring the Committee that we are taking steps to make sure that victims of domestic abuse are aware of the special measures that they can access in the family courts. We are consulting on the victims code; I say to the Committee that that, rather than the Bill, would be the right place for consideration of such measures. Placing such measures in primary legislation would add rigidity to what should be a flexible process to update the code and ensure that the rights enshrined within it keep pace. On that basis, I encourage the shadow Minister not to press amendment 64 to a Division.
Anna McMorrin
I understand what the Minister says, and I appreciate his reflections, but I have to point out the number and the intensity of issues that I have raised and the amount of concerning evidence from the women I have spoken to. The amendment would have an impact on real cases. It would go some way towards helping victims to understand that they can get access to special measures in court. I have given illustrations from cases in which rape victims were not able to have a screen and were forced to speak to the perpetrator. They need to feel that they are empowered, that they are survivors and that they have the ability to ask for those special measures.
Amendment 64 would go a long way towards ensuring that things start to change—that the culture starts to change—in the family courts. That is why I would like to press it to a vote.
Question put, That the amendment be made.
Victims and Prisoners Bill (Fifth sitting)
Edward Argar ExcerptsTuesday 27th June 2023
(1 year, 5 months ago)
Public Bill CommitteesRead Full debate Victims and Prisoners Act 2024 View all Victims and Prisoners Act 2024 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 27 June 2023 - (27 Jun 2023)
Anna McMorrin (Cardiff North) (Lab)
I want to speak to these important amendments, which have been brought forward by my hon. Friend the Member for Rotherham. Amendment 1 gets to the heart of what the Bill is all about. It would ensure that there is no impediment to providing evidence of behaviour that may be criminal misconduct after signing a non-disclosure agreement.
We have all seen examples of these agreements. Some simply attempt to buy off the victim and halt any prospect of them using knowledge of a person or an organisation which may have been the perpetrator of any kind of criminal misconduct, ranging from financial impropriety to sexual assault. The agreements work by effectively threatening people that if they decide to share their experience or knowledge, they will be subject to costly sanctions.
I hope the Committee will agree that individuals or organisations trying to hide their criminality using non-disclosure agreements is not only wrong, but that it is also a licence to get away with all manner of activity that could lead to large fines and even imprisonment. Why should someone responsible for sexual assault be able to hide away? They should not be. Amendment 3, importantly, would ensure that that protection is enshrined in the victims code, which we will get to later. We want to ensure that there is no wriggle room to allow potential criminals to escape the law because of, in effect, an agreement that is designed to do just that.
Amendment 2 could also be said to sit at the heart of the Bill; we absolutely support the essence of the amendments. Amendment 2 would add to the clause the specific definition of a person who
“has experienced, or made allegations that they have experienced…sexual abuse, sexual harassment or sexual misconduct, or…bullying or harassment”.
We want to work constructively with the Government, and I hope that we can start now, with the Minister addressing the serious concerns that Committee members have raised, particularly my hon. Friend the Member for Rotherham who moved the amendment. We need amendments to significantly strengthen the Bill—which we finally have, eight years after it was first proposed.
The Minister of State, Ministry of Justice (Edward Argar)
It is a pleasure to serve under your chairmanship, Sir Edward. I am grateful to the hon. Member for Rotherham for raising this important topic and enabling the amendments tabled by the hon. Member for Oxford West and Abingdon (Layla Moran)—and, by extension, my right hon. Friend the Member for Basingstoke (Dame Maria Miller)—to be debated in Committee.
The amendments recognise that non-disclosure agreements are misused if they prevent someone from speaking about an experience of crime, for example, to relevant professionals. Amendment 1, though not selected for debate, is intended to include those who have signed NDAs that prevent them from speaking about criminal conduct in the definition of a victim. Amendment 2 and 3, which I will turn to shortly, are intended to go a little further—potentially beyond criminal conduct. I will address that point in a second.
Although confidentiality clauses can serve valid purposes—for example, to protect commercially sensitive information—the Government have been clear, as I think is the Opposition’s position, that they should not be used to prevent disclosures to the police, regulated health and care professionals, legal professionals and others. It is illegal for an NDA to be used to conceal a criminal offence, pervert the course of justice or stop someone co-operating with the police. As the hon. Member for Rotherham alluded to, we have already made reforms around the use of NDAs in higher education.
I know that the hon. Members who tabled, signed and spoke to the amendments are particularly interested in ensuring that individuals are aware of their ability to access support, regardless of having signed an NDA. Anybody who has suffered harm as a direct result of criminal conduct, regardless of whether that crime has been reported or is covered by an NDA, is already covered as a victim under part 1 of the Bill and the victims code. That means that they are entitled to access relevant support services, and, as the Law Society guidance on the matter makes clear, it would not normally be appropriate for non-disclosure agreements to prohibit disclosure to professionals for legal, medical or therapeutic reasons. In most circumstances, those qualified professionals would be bound by a duty of confidentiality to their client.
Maria Eagle
The Minister makes an excellent point, but how does he get across to those who have signed non-disclosure agreements that they are not restricted in the way in which the law requires that they be unrestricted if nobody has told them that? Could he do something to ensure that those who sign such agreements get proper information about what they really mean?
Edward Argar
I am grateful to the right hon. Lady. I do not want to test the Committee’s patience too much with the amount of notes that I have, but I will come to her point. I hope that I can give her a little succour in terms of her asks of me in her speech.
I reassure Members that if anybody suffers harm as a result of sexual abuse, bullying or harassment, where that behaviour amounts to criminal conduct it is already covered by the definition of a victim in part 1 of the Bill. Therefore amendment 1, which would include those individuals explicitly in the definition, could be deemed unnecessary, as they are already covered. However, I will turn to amendment 1 in my final remarks.
Amendments 2 and 3 seek to go further to include those who have experienced behaviour that may be covered by a non-disclosure agreement but which is not criminal. As the right hon. Member for Garston and Halewood alluded to, that would expand the definition. We are clear that we have to strike the appropriate balance in drawing the definition in a way that is practical and functional but that does not exclude those who we feel should be included. Part 1 of the Bill seeks to restrict the definition to victims of crime, and we believe that that is the right approach. However, I suspect we will debate on the coming amendments and over the course of today whether that balance has been struck and whether that line has been drawn in the right place. We may disagree on some elements; I expect we will explore that further today.
The relevant definition of a victim is focused on improving support services for victims of crime and increasing oversight to drive up standards of criminal justice agencies working with victims of crime. That does not mean that individuals who have suffered as a result of behaviour that is not criminal, albeit harmful, are prevented from seeking support. Outside the provisions in the Bill, they can still access support services where those are available to them.
Amendment 3 would require the victims code to include provisions for those who have experienced or made allegations that they have experienced sexual abuse, sexual harassment or sexual misconduct, or other bullying or harassment. It would also require the code to include provisions for those who have signed NDAs for those incidents.
It is vital that the victims code works for different types of victims. The code covers a wide range of entitlements for victims of different crimes and with different needs. To give us the broadest flexibility to serve the changing needs of victims without having to amend primary legislation, we have not explicitly listed entitlements or specific provisions for particular types of victims in the Bill, as the amendment would do. Instead, we have placed the overarching principles of the victims code in primary legislation and specified that the code can provide different entitlements for different types of victims.
We believe that is the right approach to allow the flexibility to amend the code and to reduce the risk of inadvertently excluding some groups of victims or the relevant provision that the code should make for them. The Bill as presently drafted means that the code could include provision about the matters referenced in the amendment, where they relate to victims of behaviour that amounts to criminal conduct. We have committed to consult on an updated victims code after the passage of the Bill. As mentioned on Second Reading, I am open to working with Members on whether we can go further in that respect.
I appreciate the points made by the right hon. Member for Garston and Halewood, by the shadow Minister the hon. Member for Cardiff North, and by the hon. Member for Rotherham and the sponsors of the amendments. Therefore, although I encourage the hon. Member for Rotherham not to press the amendments to a Division at the moment, I am happy to work with her and other hon. and right hon. Members, including those who support the amendments, to explore further before we reach Report stage whether there might be something we can do to help address their concerns.
As I say, I do not believe that amendments 2 and 3 as drafted are the right approach. I am looking carefully at the issues addressed by amendment 1. I am not in a position to make any firm commitments at this point, other than to work with the hon. Member for Rotherham and others to further explore this important issue. With that, I hope that she will consider not pressing this amendment to a Division.
Sarah Champion
I thank the Minister very much for his welcome words. I echo the point made by my right hon. Friend the Member for Garston and Halewood about the chilling effect of NDAs, and the lack of awareness of victims. That is at the nub of what we are trying to address.
I know there is a lot of interest in this issue across the House, so I will withdraw the amendment so that we can debate it on Report. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Sarah Champion
We are off to a bad start now, aren’t we?
Some levels of antisocial behaviour are a crime, so they would immediately fall within the proposals, but many victims of antisocial behaviour are not covered by the victims code, which means that they do not have access to the support and information found in it. In particular, that means that they do not have the right to be referred to support services and that PCCs face spending restrictions on victims funding for antisocial behaviour support services as a consequence. The cumulative nature of what would be seen as low-level annoyances literally drive people insane, get them to move house and have them in a constant state of anxiety. In amendment 10, it is clear where that threshold is. On the points that my right hon. Friend the Member for Garston and Halewood made, that needs to be recognised in black and white so that the services, particularly the police, recognise the significance to people’s lives of antisocial behaviour and view it as something that ought to be covered under the victims code.
I also say to the Minister that this issue was raised a lot on Second Reading and was highlighted by witnesses. As my hon. Friend the Member for Cardiff North said, the former Victims’ Commissioner, Dame Vera Baird, called for this specific thing in an evidence session. To be specific, she emphasised the fact that
“this Government legislated well to introduce something called the community trigger”,
so that
“when it escalates to a particular level, you have a series of remedies to get all the agencies together to put it right.”––[Official Report, Victims and Prisoners Public Bill Committee, 20 June 2023; c. 27, Q62.]
If the antisocial behaviour gets to that level—amendment 10 seeks to address this—those affected must be classed as victims under the legislation. I really think that the amendment would ensure that victims of persistent antisocial behaviour would be entitled to the rights as they are set out in the victims code and, hopefully, the victims Act, so I support the amendment.
Edward Argar
I am grateful to the hon. Member for Cardiff North for her amendment and for providing us with the opportunity to debate this issue. I suspect that we will return to it again, but this is a useful opportunity that allows us to get into more detail than is perhaps possible on Second Reading.
The amendment would include victims of antisocial behaviour in the definition of “victim” if they have suffered harm as a direct result of the conduct. As the hon. Lady sets out in the amendment, it would use the definitions in the Anti-social Behaviour, Crime and Policing Act 2014 and would therefore cover
“conduct that has caused, or is likely to cause, harassment, alarm or distress to any person…conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises, or… conduct capable of causing housing-related nuisance or annoyance to any person.”
Therefore, that would also include non-criminal antisocial behaviour.
The Government agree with the hon. Lady that antisocial behaviour is a blight on our communities, and the impact on individuals cannot be overestimated. It is a national issue and it has a huge impact. Every Member of the House and of the Committee has probably dealt with casework on behalf of constituents relating to antisocial behaviour. As Dame Vera kindly acknowledged, that is why the Government took action on the community trigger, which helped to address the line between what is criminal conduct and what falls short of it.
Sarah Champion
I might have cut the Minister off too soon—he might be about to answer my question—but this is about the persistent level of low-grade behaviour, which would not reach the criminal threshold. It is like a dripping tap or a mosquito buzzing in the room; that is what really drives people into frustration.
Edward Argar
I was about to come to that point, so the hon. Lady’s intervention is prescient.
All of the speeches that we have heard have acknowledged that the behaviour that is being referred to is often criminal, even the low-level behaviour. The shadow Minister, the hon. Member for Cardiff North said that if something is thrown in the direction of an individual or if plants are trampled, that would be criminal behaviour. It may not be charged as such, but it would still entitle people to those rights under the code.
Dame Vera’s key point was about who decides what criminal behaviour is, how we ensure that people know that those rights are available to them and that the service providers acknowledge that those individuals are entitled to those rights. The behaviour we have heard about is included, but we do not believe that including it in the Bill in this way is the right approach to address the issue, to raise that awareness and to ensure that people can access the rights that are already there. However, I will turn to that in just a second. The right hon. Member for Garston and Halewood again managed to pre-empt an element of what she thought I would say in my speech, and she is not inaccurate in her presumption.
A point was raised about the previous Lord Chancellor, my right hon. Friend the Member for Esher and Walton. My only reflection on that is that, first of all, in my recollection—the right hon. Lady is right that this is going back a while—the articles cited an unnamed source and Government sources. We on both sides of the House have experience of how that can work. That is not official policy, but I will mention, on official policy, that that Lord Chancellor confirmed the content of the draft Bill and the full Bill, so it is not accurate to suggest a U-turn. It was the same Lord Chancellor who confirmed what we are debating today as what he wished to see in legislation.
My hon. Friend the Member for Stroud raised a number of points. We do not believe that a lack of legislation is the challenge here. We believe that there are key aspects, which the hon. Member for Cardiff North rightly highlighted, about raising awareness and the different public authorities and bodies engaging in a concerted manner to tackle the problem—treating it seriously and suchlike—but we do not believe that putting something in the Bill is the right way to raise awareness and to change those behaviours.
My hon. Friend raised some particularly distressing cases that have recently been on social media. I tread warily because I am not a lawyer—I am looking at one or two of the lawyers across the room—but she is right to say that trespass is a civil offence. I want to be careful, because I do not know the details of each of those incidents, but it is quite possible that a number of those incidents reported on social media may well have encompassed elements that were criminal in what was done. However, as a non-lawyer, I am cautious about saying that with any certainty, without knowing the details of the cases. Again, in those cases where there was an element of criminality, those individuals would be encompassed under the provisions for support under the victims code and in the legislation.
As Dame Vera alluded to, a significant number of individuals who have been harmed by antisocial behaviour are already defined as victims under the Bill. The definition as drafted covers a huge range of antisocial behaviour: where the behaviour itself is a criminal offence, such as criminal damage; where the behaviours, when taken together, constitute a criminal offence, such as harassment; or where a civil order has been breached, thereby incurring criminal penalties. In essence, where the antisocial behaviour amounts to criminal conduct, victims harmed by that behaviour can already benefit from measures in the Bill.
Jess Phillips (Birmingham, Yardley) (Lab)
I was going to intervene on the Minister earlier, when he kept saying that we should not put this in the Bill, to ask, “Why?” If it is already included, why not write the words down?
Edward Argar
First, we do not need to do this in the Bill—the points that the hon. Lady makes are essentially two sides of the same coin. I will turn to this in more detail, but we are seeking to be permissive in the breadth of the definition, rather than prescriptive by naming individual groups. Again, that risks causing the effect that she does not want: if we name A, B and C, does that create a hierarchy, and if we miss out D—as this place occasionally does—are we suddenly excluding something unintentionally? We have sought, by criminal conduct and victims of crime, to include as broad a definition as possible. A vast majority of individuals who are sadly victims of antisocial behaviour will be effectively victims of a crime.
The challenge, which I am happy to work with Members on both sides of the House on, is how we can ensure that we address Dame Vera’s key point—in my view, we would not do this on the face of the Bill—which is who decides and how we empower individuals to say, “Police may not have proceeded with it, but I know this is a criminal offence, so I wish to access these services and have a right to do so.” We need to address that key point. I am not sure if that is best done through legislation, but I am happy to work across the House to address that issue.
Anna McMorrin
The amendment seeks to include a clear community trigger that will set off victim support. That is very clear in the amendment, and it will allow those agencies, organisations and authorities to work together in support of people who are victims of repeated, consistent and persistent antisocial behaviour.
Edward Argar
I am grateful to the hon. Lady and I will address that point in my remaining remarks—I will give way again if she feels that I have not done so. In terms of those who suffer from persistent antisocial behaviour that does not amount to criminal conduct, we disagree that putting this in the Bill, rather than seeking other means to achieve an outcome for them, is the best approach. As I set out in my remarks on the previous group of amendments, we have deliberately defined victims in part 1 of the Bill to cover victims of crime. The measures have been designed to ensure that all the criminal justice agencies work together to engage and support those who are victims of crime. We also seek to strengthen the victims code.
A whole range of behaviours are included, and every speech has mentioned behaviours that contained elements of a crime that would therefore enable those individuals to get support. There are different agencies and procedures, as the hon. Member for Cardiff North said, for cases of antisocial behaviour that do not meet the criminal threshold or where there is no specific criminal offence involved. That means, for example, that victims of persistent antisocial behaviour can make a request for an antisocial behaviour review to any of the main agencies responsible, such as the council, police and housing providers.
That does not mean that individuals who have suffered as a result of harmful but not criminal antisocial behaviour are prevented from seeking support. Outside the Bill and the victims code, they can still access support services in their local area. Police and crime commissioners, as well as local authorities, can and do commission support for victims of all types of antisocial behaviour, and can help victims of all kinds of ASB, both criminal and non-criminal, to resolve their issues. Some of the funding they receive is rightly ringfenced for particular criteria and causes, but they do have a degree of overall discretion in their budget as to whether they wish to fund such services.
Anna McMorrin
As I set out in my speech, the police and crime commissioners decide in each area. If someone is a victim of antisocial behaviour, they are not guaranteed any support. Victims of persistent antisocial behaviour have no idea where to turn to access support because the authorities pass them from pillar to post. What the Minister is setting out does not happen; the amendment would ensure that it did.
Edward Argar
I am afraid I disagree with the shadow Minister’s last point. I do not think the amendment would address the operational or on-the-ground implementation issues that she highlights.
On the initial point the shadow Minister made, we have often debated in the House how to strike an appropriate balance in support services for victims of all crimes and of particular types of crime—how to ensure a tailored local support service that reflects the local community, while also ensuring a baseline of services, and a national response when a local community may not commission a particular service because the police and crime commissioner may have to make prioritisation decisions and the number of people likely to use that service in their locality may not be sufficient that they can afford to fund it. We always have this debate about the appropriate line between a national, consistent service, and local tailoring and local empowerment to police and crime commissioners, who are of course directly elected and accountable to their communities for the services they provide—notwithstanding turnout, as I think the shadow Minister indicated.
Sir Oliver Heald
Dame Vera was making the point that these matters are not being taken seriously enough, but there is an offence of harassment. That is repeated behaviour, and it can be antisocial behaviour or bullying. That was treated as a serious matter by Parliament—it is a summary offence—and there is also the more serious offence if fear of violence is involved, which has a maximum sentence of 10 years’ imprisonment. Is it perhaps time for the Minister to discuss with the Attorney General and the Home Office whether there is a need for more impetus to be put behind that provision, whether through guidelines or the prosecution college hub?
Edward Argar
I am grateful to my right hon. and learned Friend for his intervention. We are discussing these issues more broadly not only with the Attorney General but with the Home Secretary, given the cut-across and the importance that is rightly attached to these issues by those who send us to this place and by Members on both sides of the House. I reassure my right hon. and learned Friend that we are looking cross-Government at how we can make such responses more effective.
More broadly, the Government are taking clear action to crack down on antisocial behaviour and to build confidence that it will be taken seriously and, where appropriate, punished. Backed by £160 million of funding, our antisocial behaviour action plan, published in March this year, will give police and crime commissioners, local authorities and other agencies more tools to tackle the blight of antisocial behaviour across communities in England and Wales. That includes increasing policing in hotspot areas and a new immediate justice programme to make sure that offenders are made to undertake practical, reparative activity to make good the loss or damage sustained by victims, or to visibly support the local community in other ways, such as by litter picking. If things go wrong, the antisocial behaviour case review is there to ensure that those affected can seek a solution from the appropriate agency.
The Government will continue to take action for those who suffer as a result of persistent antisocial behaviour. The vast majority of examples given in evidence sessions and in today’s debates have, however, contained elements that would constitute criminal behaviour, which would therefore mean that the individuals were included in the rights under the victims code and the details that we are discussing in the context of the Bill.
We have sought to be less prescriptive and more permissive to make sure that we do not inadvertently tighten the definition too much. We do not share the view of the shadow Minister that adopting the amendment is the right way to address the point, but we do accept the points that Dame Vera and others made. There are two questions or challenges, which are not, in my view, best dealt with by legislation, but which do need to be addressed. First, who decides what is criminal? Secondly, how do we raise the awareness of authorities and individuals, so that people know their rights and that what has happened constitutes criminal behaviour, even if it is not prosecuted and even if there is no conviction? Therefore, those entitlements and rights are there.
Maria Eagle
That is one of the most important points. The victims are told that the police cannot do anything about it because it does not reach certain thresholds. When people understand that they may have rights that relate to being victims of crime, first, they will not have thought that they do—unless someone tells them—and secondly, they will ask the question, “If that is the case, how come the police aren’t doing something about the crime?” That is the conundrum. The Minister’s solution to the issue—not accepting the amendment—does not deal with it.
Edward Argar
The right hon. Lady makes two points. I suspect that in a number of cases the police will look at an offence and say, “We don’t think it meets the threshold for prosecution,” but that dextrous lawyers—we have some in Committee—could probably find a way to have it constitute a criminal offence and be prosecuted. Decisions on prosecutions, however, are made by the independent Crown Prosecution Service, based on the evidential threshold, the public interest and whether there is likely to be a conviction. I will not intervene or interfere in the CPS’s prosecution decisions.
Nevertheless, I am happy to work across the House to find a way to increase awareness. I do not believe that legislation and the amendment are the right approach, but there must be ways to increase awareness among victims that they are victims and among criminal justice agencies and others, so that they understand that, where a criminal offence has taken place, even if it is not prosecuted, individuals should be entitled to support.
Anna McMorrin
I thank the Minister for his response and everyone who has contributed to this important debate. I know that the number of people across the country who suffer from persistent antisocial behaviour—whether that is extreme or slight but persistent incidents which, as I illustrated in my speech, cause people to be locked in their homes and afraid to venture out to the shops, scared even to walk outside their front door—is hugely underestimated. This is a serious issue that must be addressed in the Bill. The amendment would do just that.
My right hon. Friend the Member for Garston and Halewood made excellent points about how the perpetrators of antisocial behaviour jump the gun. Many of them know the system and will make a report to the police in extreme circumstances and where the incidents are criminal, so the police are left not knowing whose side to be on, thinking it is a neighbourhood dispute or something that can be resolved. I, too, have tried to support such victims of antisocial behaviour in my constituency, and it is very difficult to get the agencies and authorities to understand that those people are victims. Including the amendment in the Bill will ensure that they are seen as victims and will have access to services that support them.
The hon. Member for Stroud made an important point about trespassing and storming into houses, which has seen a worrying rise among young people on social media such as TikTok. I know the Minister responded to that in his speech, but it would be good if he could look at the issue again. He said he was not able to address it here and now, but perhaps he could look into it and come back to the Committee—or write to us—on what the Department, the Government and he will be doing to address it.
All that goes back to the main point, the community trigger. With it, we need to ensure that services, the authorities and the criminal justice agencies work together to support the victim. That is what the amendment is intended to do. My hon. Friend the Member for Rotherham made the good point that the authorities need to know where they can step in, which they do not currently know. It should not be in every case for the victim to have to go to their MP, and for the MP to step in to bring the authorities together, as my hon. Friend stated. That is an impossibility for everybody out there. The Minister made the point that people can access lawyers; who in our communities has that knowledge and awareness, especially when they face that trauma? They may be vulnerable and may not have access to the finances to get legal advice.
Edward Argar
I fear the shadow Minister misunderstood what I was saying; I was referring to police and CPS lawyers, who will be able to find ways to prosecute some of these cases, I would hope—not to individuals.
Anna McMorrin
I thank the Minister, but the police and the criminal justice agencies just do not do that. They are stripped of resources. They do not have the ability to look into each case. If the community trigger is reached, support can kick in. Then at least those victims of antisocial behaviour know that they have something to lean on and some way of accessing support. That is why the amendment has been tabled, why I moved it today and why I spoke to it on Second Reading. It is particularly poignant that it will be Anti-Social Behaviour Awareness Week in just a couple of weeks. This is a really good opportunity for the Government to support the amendment, which is why I will press it to a vote.
Question put, That the amendment be made.
Oral Answers to Questions
Edward Argar Excerpts(1 year, 5 months ago)
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Selaine Saxby (North Devon) (Con)
The Minister of State, Ministry of Justice (Edward Argar)
In the rape review action plan, we committed to expanding our victim support provision throughout the court process for victims of these dreadful crimes. We are more than quadrupling funding for victim and witness support services from 2009-10 levels, increasing the number of independent sexual violence advisers and independent domestic violence advisers to 1,000. We completed the roll-out of section 28 measures in September 2022, and we continue to deliver our enhanced specialist sexual violence support programme in selected Crown courts.
Selaine Saxby
Can my right hon. Friend confirm what measures are taken for sexual assault and rape victims in remote, rural or coastal communities, where trials may take place a long way from their home?
Edward Argar
I am grateful to my hon. Friend, who is a champion for rural and coastal communities in all aspects. The Government take seriously the experience of victims across the country, no matter where they live. In addition to the measures I have just set out, the Crown Prosecution Service supports victims of crime from remote and rural areas, with victims being able to claim back travel expenses when they need to travel far to attend court. We recognise the challenges of rurality, which is why the MOJ’s sexual violence service design and delivery team has regular engagement with the National Rural Crime Network and is a member of the NRCN’s domestic violence working group.
Anna McMorrin (Cardiff North) (Lab)
This week, it has been three years since the harm panel’s report found a serious risk of harm to victims of domestic abuse and their children in the family courts, yet we have seen that nothing has changed. Heartbreakingly, the experiences of victims in the family courts all read the same: the mother criminalised, the children ignored, the father excused. One 10-year-old girl disclosed to the guardian assigned to her case that her father had sexually abused and assaulted her. The guardian dismissed this and, instead, read a book to her, saying that her mother had made it up and her father had done nothing wrong. With no definition of rape or consent in statute in the family courts, when will the Government put a stop to this national scandal?
Edward Argar
I am grateful to the shadow Minister for her question. She will be aware that Lord Bellamy, whose portfolio covers the family courts, is looking at this issue carefully. Although it is not in my portfolio, I understand that two of the three limbs of the report she mentioned have already been implemented, and we anticipate implementing the final element later this year.
Catherine West (Hornsey and Wood Green) (Lab)
Henry Smith (Crawley) (Con)
The Minister of State, Ministry of Justice (Edward Argar)
My hon. Friend is absolutely right to highlight this issue. We yesterday tabled an amendment to the Online Safety Bill that would create a new offence of encouraging or assisting serious self-harm, whether by verbal or electronic communications, publication or correspondence. That fills a gap in the law and, together with the broader regulatory measures in the Bill, it will help to protect people from such content. It remains our intention, however, when parliamentary time allows, to expand the offence to cover encouragement or assistance given by means other than such communications, which are currently out of scope of the Bill.
Cat Smith (Lancaster and Fleetwood) (Lab)
When my constituent reported her rape to the police 14 months ago, she also revealed that the rape had been videoed by the perpetrator. The police are now in possession of the mobile phone that this has been recorded on, but she is still waiting for her justice and her day in court. Could the Minister say how long my constituent might expect to wait to get justice?
Edward Argar
The hon. Lady will appreciate that I am unable to comment on the specifics of a case, and it would probably be inappropriate to do so in the Chamber, but if she would like to write to me with the details that she cannot share on the Floor of the House, I am happy to look at them.
James Sunderland (Bracknell) (Con)
Waitrose is based in my constituency, and in recent meetings with the partners and with other supermarkets, it has raised with me the scourge of shoplifting. Organised gangs operating with impunity across the UK are engaging in retail crime. They are often inflicting violence against workers using weapons, and they are costing supermarkets a fortune. Can we do more work on the deterrent effect of greater sentencing, and may I urge the Minister to look at whether the provisions of the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021 could be rolled out in England too?
Sarah Green (Chesham and Amersham) (LD)
One of the concerns raised with me by several victims of domestic abuse has been their experience of victim blaming in the criminal justice system. Can the Secretary of State outline what steps his Department is taking to tackle victim blaming and provide better support to survivors of domestic abuse and sexual violence?
Edward Argar
Significant work is under way across the system to tackle victim blaming and disproportionate attention on victim credibility. As part of that, we developed Operation Soteria, which ensures that officers and prosecutors are focusing their investigations on the behaviour and offending pattern of suspects, rather than on subjective judgments of victims’ credibility. I am happy to meet the hon. Lady if she would like to discuss this further.
Sir Robert Neill (Bromley and Chislehurst) (Con)
Will the Lord Chancellor confirm that it remains the Government’s intention to update and modernise our human rights law as necessary, but to do so while firmly remaining in adherence to the convention on human rights?
Victims and Prisoners Bill (Sixth sitting)
Edward Argar ExcerptsTuesday 27th June 2023
(1 year, 5 months ago)
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The Chair
I remind the Committee that with this we are discussing the following:
Amendment 51, in clause 1, page 1, line 16, at end insert—
“(e) where the person has experienced adult sexual exploitation.”
Amendment 18, in clause 1, page 2, line 6, at end insert—
“(c) ‘child criminal exploitation’ means conduct by which a person manipulates, deceives, coerces or controls a person under 18 to undertake activity which constitutes a criminal offence;”
This amendment provides a definition for the term “child criminal exploitation”.
Amendment 52, in clause 1, page 2, line 6, at end insert—
“(c) ‘adult sexual exploitation’ means conduct by which a person manipulates, deceives, coerces or controls another person to undertake sexual activity.”
This amendment would provide for a statutory definition of adult sexual exploitation.
The Minister of State, Ministry of Justice (Edward Argar)
Amendment 17 seeks to include in the definition of a victim those who have experienced child criminal exploitation and have suffered harm as a direct result. I am grateful to the hon. Member for Rotherham for raising this issue, which the Government agree has a devastating impact. This morning, right hon. and hon. Members did what this House does well: they gave a voice to the voiceless.
I want to reassure hon. Members that large elements of the amendment are encapsulated in the Bill, and I hope I am able to offer something that goes at least some way to satisfy the hon. Lady and the hon. Member for Cardiff North. The Government are committed to tackling county lines and associated child criminal exploitation, and outside the Bill we have invested up to £145 million over three years to crack down on criminal gangs exploiting children and young people.
In addition, as part of the county lines programme, the Government continue to support victims of child criminal exploitation. We have, for example, invested up to £5 million over three financial years—2022 to 2025—to provide support to victims of county lines exploitation and their families. That includes a specialist support and rescue service provided by Catch22 for under-25s in priority areas who are criminally exploited through county lines to help them to safely reduce and exit their involvement. It also includes a confidential national helpline and support delivered by Missing People’s SafeCall service for young people and their families.
As the shadow Minister said, it is important to remember that although county lines is often the first issue to catch the attention of the media or this House, child exploitation goes way beyond that crime. We are therefore also targeting exploitation through the Home Office-funded prevention programme, delivered by the Children’s Society. That programme works with a range of partners to tackle and prevent child exploitation regionally and nationally.
I assure hon. Members that children who have been exploited for criminal purposes are indeed victims in the context of the Bill if the conduct they have been subjected to meets the criminal standard. Regardless of whether the crime has been reported, charged or prosecuted, those victims are already covered under part 1 of the Bill and the victims code.
Child criminal exploitation is already captured by a number of criminal offences under the Serious Crime Act 2007, the Misuse of Drugs Act 1971 and the Modern Slavery Act 2015. However, as the hon. Member for Rotherham highlighted, in some cases the exploitative conduct may not itself be criminal. The measures in part 1 of the Bill have specifically and fundamentally been designed for victims of crime and seek to improve their treatment, experiences of and engagement with the criminal justice system. Therefore, where the criminal exploitation is exactly that—criminal—the victims are already covered by the Bill’s definition of a victim of crime.
The definition of a victim, as I said previously, is deliberately broad. Within reason, we are seeking to be permissive, rather than prescriptive, to avoid the risk that specifying particular subgroups could inadvertently exclude those who do not fall into specific descriptions and definitions.
Amendment 18 seeks to provide a definition for child criminal exploitation. The Government recognise that the targeting, grooming and exploitation of children for criminal purposes is deplorable, and we share the hon. Member for Rotherham’s determination to tackle it. The Government have already gone some way to defining child criminal exploitation in statutory guidance for frontline practitioners working with children, including in the “Keeping children safe in education” and “Working together to safeguard children” statutory guidance. We have also defined child criminal exploitation in other documents, such as the serious violence strategy, the Home Office child exploitation disruption toolkit for frontline practitioners, which was updated in July last year, and the county lines guidance for prosecutors and youth offending teams.
The Modern Slavery Act 2015 states that when children who are under 18 commit certain offences, they are not guilty if they were committed as a direct result of exploitation. Prosecutors must consider the best interests and welfare of the child or young person, among other public interest factors, starting with a presumption of diverting them away from the courts where possible.
Sarah Champion (Rotherham) (Lab)
The Minister highlights the problem: there are lots of different documents with lots of different Departments and support teams where the Government have felt comfortable defining child criminal exploitation, and there is fragmentation across Government. The Bill offers the opportunity to define child criminal exploitation so that it is seen clearly that such children are victims of that exploitation. I will be frank with the Minister: the victims ought to be recognised in the Bill, but they are not. My hon. Friend the Member for Cardiff North and I are trying to use this as an opportunity to force the Government’s hand to make that definition, so that any person in the public or private sector who sees those children can understand that they are victims.
Edward Argar
When I conclude in a moment, I hope that I might have given the hon. Lady a little more reassurance. In respect of her specific point, the Government have previously explored the introduction of a statutory definition of child criminal exploitation with a range of operational and system partners. They and the Government concluded that the existing arrangements allow sufficient flexibility to respond to a range of circumstances while still ensuring actions when that consideration was undertaken.
I reassure the hon. Members for Rotherham and for Cardiff North that we continue to keep under review the issue and the legislation. The previous consultation with partners suggested that the right tools, powers and offences were already in place to tackle the issue.
Sarah Champion
I wonder who the Minister is talking to, because this amendment is supported by the children’s sector, including the Children’s Society, the NSPCC and Barnardo’s. The children’s sector wants this, so I do not understand who he is talking to who does not.
Edward Argar
I mentioned operational partners, and in this context, that refers to partners in the criminal justice system, such as the prosecution authorities, the police and others. I take the hon. Lady’s point about the wider stakeholder and sector support. If she allows me to make a little progress, we will see if it reassures her sufficiently.
Turning to amendments 51 and 52, amendment 51 seeks to ensure that persons who have experienced adult sexual exploitation are explicitly referenced in the definition of a victim. Adult sexual exploitation could be considered to consist of numerous criminal acts, some of which include human trafficking, controlling and coercive behaviour, causing or inciting prostitution for gain, controlling prostitution for gain, and rape and other serious sexual offences. I reassure hon. Members that adults who have been subjected to such criminal conduct are victims under part 1 of the legislation and under the victims code. My concern is therefore that the amendments would duplicate the existing coverage of the definition of a victim of crime. Again, the definition is deliberately broad to avoid inadvertently excluding a particular group or victim through being overly prescriptive.
Amendment 52 is intended to create a definition of adult sexual exploitation. Acts that can constitute adult sexual exploitation are, again, already covered by a number of existing offences.
Jess Phillips (Birmingham, Yardley) (Lab)
While they are covered by a number of different offences, much like domestic abuse, there is no charge or crime of domestic abuse, yet the Government felt it important to define domestic abuse in the Domestic Abuse Act 2021 for all the same reasons that my hon. Friend the Member for Rotherham tried to point out: it is currently written nowhere in any Government guidance, or any strategy to tackle adult sexual exploitation. That is what the amendment is intended to address.
Edward Argar
I am grateful to the hon. Lady. She may well push me in a slightly different direction, but I am always a little cautious of seeking to read across a precedent in one piece of legislation to a range of other areas. There may be occasions when it is universally applicable, but in other cases I would urge a degree of caution.
We have yet to see unequivocal evidence that a single definition or approach would better achieve delivery of our commitment than the current approach. However, I am happy to discuss it further and work with the hon. Member for Rotherham, the shadow Minister, the hon. Member for Cardiff North, and others between Committee stage and Report. As is the nature of the Committee stage, the amendments were tabled a few days ago—last week—and inevitably, when something significant is suggested, it is important to reflect on that carefully. I intend to reflect carefully on the points that have been made. I will not pre-empt the conclusions of my reflections, but I will engage with the hon. Member for Rotherham, and the shadow Minister if she so wishes, to see what may be possible between Committee stage and Report. On the basis of that commitment to engage, I hope that the hon. Member for Rotherham and the shadow Minister might, at this point, consider not pressing the amendments to a Division.
Anna McMorrin (Cardiff North) (Lab)
I thank the Minister for his response and the Committee for this debate on child criminal exploitation. I particularly thank my hon. Friend the Member for Rotherham for tabling the two critical amendments that look at adult exploitation as well as child criminal exploitation. She made excellent, and really quite emotive, points about a victim of child sexual exploitation, of course due to coercion and control, reaching the age of 18, when it is suddenly questioned as “unwise choices”. I appreciate the points that the Minister made. He appreciates that there is a real issue. As I set out earlier, there is widespread concern among all the agencies and charities working on this that child criminal exploitation takes a variety of forms. Ultimately, the grooming and exploitation of children into criminal activity needs to be addressed.
To take up the Minister’s point about using one statutory definition, at the moment safeguarding partners are working to so many different understandings, as my hon. Friend the Member for Rotherham said, of what constitutes criminal exploitation that there is no meaningful or consistent response across criminal justice agencies and safeguarding partners, which is critical when dealing with such matters.
I appreciate that the Minister is prepared to work together, and I hope that he has listened to our arguments. It sounds as though he is coming to the agreement that we will work together to address this matter in the Bill. Therefore, on reflection and having heard those points today, I will seek to bring this proposal back at a later stage of the Bill but will not press it today.
Sarah Champion
I beg to move amendment 46, in clause 1, page 1, line 16, at end insert—
“(e) where the person is the child of a person posing sexual risk to children.”
This amendment would include children of a person posing a sexual risk to children (that is, paedophiles (including perpetrators of offences online), suspects or offenders) as victims.
I don’t get out much, Sir Edward—and neither do you, because of that! I ask the Committee to listen to my speech on this issue with an open mind, because when I first came across it, it took me a little time to get my head round it, but to me now, it seems the most obvious thing. I am talking about recognising the children of paedophiles as victims. That is what my amendment seeks to make happen. Just as we have now—I thank the Minister and the Ministry of Justice—made a huge step forward in defining children born of rape as victims in this legislation, so we need to ensure that other secondary victims will also be entitled to rights under the victims code. The children of any paedophile are disproportionately impacted when their parent is investigated, charged and jailed, and I make a plea for them to be considered within the definition of victims.
Just like domestic abuse, the illegal activity is committed, most often, within the family home—the child’s “safe space”. Social services view the parent as potentially posing a sexual risk to any child from day one of an investigation, not from a guilty verdict. I will give the Committee an example from my constituency. About five years ago, a lot of single mothers were coming to me with real concerns about the heavy-handedness of social services around child protection—their child’s protection. They were really confused as to why social services were doing this. When I intervened on their behalf, I realised that it was because the other parent of the child was being investigated for—in this case—organised child sexual exploitation. Social services could not tell the mother what was going on, for fear of tipping off the other parent, but they had serious safeguarding concerns in respect of that parent in that house because of the father’s activities. This is a very real thing that happens; it has a very real basis.
Amendment 46 is crucial, because it specifically identifies children of a person posing sexual risk to children. These people are known as PPRC—persons posing a risk to children—by the police when they are under investigation and not just once they have been charged. The family unit structure, including the household economics, is generally impacted in a dramatic way—irrespective of the outcome of the investigation—because of the immediate protective measures put in place by agencies. For the family’s safety, the nature of the investigation is almost always kept confidential, thus increasing the vulnerability of these children within the whole secrecy around CSA. Investigations and convictions shape the child’s childhood, as interactions with the parent are controlled by restrictions imposed by the judicial system. The child loses all autonomy within the relationship with the suspect or offending parent, for safeguarding purposes—which we can completely understand—until they are over the age of 18.
Negative community judgment for close associates of CSA suspects is highly prevalent and can be magnified by media coverage at the court. If we think about our local papers, once someone is charged with such crimes, their name, address and photos all get into the public domain, whether by media, once the conviction has happened, or most likely by Facebook and well-meaning neighbours trying to protect their own children. The stigma that causes for the child is untold.
I have worked with the survivor Chris Tuck for many years. She is an active campaigner on child protection. She has asked me to read her case study about what happened to her:
“I grew up in 3 domestic violence households where witnessing and experiencing abuse every day was the norm.
My dad and step mum were not good for each other or to us children. The abuse intensified via domestic violence and child abuse.
This chaotic dysfunctional abusive home life led to us being vulnerable to abuse outside the family home. I was sexually abused by a school bus driver in 1979…In 1980/81 my dad George Frances Oliver was convicted of child sexual abuse against some of the children in the household (not me).
I remember very clearly when my dad was arrested for his crimes.
It was an odd day; 3 of us children came home from school and dad was lying on the sofa reading. It was eerily quiet, my step mum, my sister and stepsisters were not there.
We were just speaking to dad about this fact when there was a loud crashing noise and lots of shouts of ‘Police! Police!’.
The police stormed into the room and arrested my dad, it was very frightening to witness and caused us a lot of distress. We did not know what was happening.
I remember the police taking us 3 children to our eldest stepsisters’ house where my step mum, other stepsisters and sisters were waiting.
That is where I was told what my dad had done. I didn’t believe it. I couldn’t believe it.
In my head I was trying to reconcile what the school bus man had done to me and now my dad had done those things and worse to other children in the house.
I felt sick, I felt dirty, I felt shame. I felt betrayed and let down by my dad. The man I loved at the time.
Dad was put on remand and eventually convicted of his crimes. I find out about this at school, in the playground. One day a boy shouted out ‘your dad is a paedo....dirty paedo’.
I didn’t know what that word meant. But I knew it was bad by the way it was said and I knew what my dad had done. I had experienced a little of what my dad had done via my own experience of sexual abuse and the internal examination I had at the Police station.
Dad’s sentencing had been written up in the local paper. Again, it felt like everyone knew. Everyone was judging me, us, for the crimes committed by my dad.
Again, I felt sick, I felt dirty, I felt shame. I felt bad to the very core of my being. This I carried with me well into my adulthood.
Again, no support was given to any of us as children and young people.
The legacy of my dad being a convicted paedophile lived with me into my mid 40s when I paid for specialist professional help and support to deal with the trauma from deep unexpressed feelings and emotions.
When I left home at nearly 16, I wrote my childhood off, I never told anyone about anything. I put on a mask for over a decade and I tried to build a new life for myself. I battled with bulimia and anger management throughout my teens and twenties.
If I had been classed as a victim, as a child and young person and given the help and specialist support at the time of each incident throughout my life I would not have had the hardship of dealing with the trauma and ill-health (mentally and physically) I have experienced as a result during my adulthood.
Recognising children and young people as victims of crime perpetrated through association needs to be recognised because there is a trauma impact as I have described.
Just knowing what is happening when it comes to the perpetrator and their movements—where they are imprisoned, when they are going to be released and where—is a must for the peace of mind of all involved.”
That experience has become even more common with online child sexual offences, which have increased dramatically. The trauma for the child usually begins once police execute a search warrant of the family home, often referred to as “the knock”, after the police have received the information regarding the online suspect. That, I would say to the Minister, would be the ideal point to intervene to prevent further trauma, but currently that is not happening. Records for 2021 show that there were 850 knocks a month. Children were present for 35% of those knocks. That compares with 417 knocks per year in 2009-10, and I fully expect those numbers to keep on going up, with all the police are telling us about the exponential rise of online child abuse.
Children are unseen victims of this crime, but are not recognised as such or given the support they need. Often, families do not receive information about the offence, court proceedings or sentencing until they are told by the offender, if they are told by the offender. If the children were defined as victims, they and their parents would be entitled to receive such information. Having the victims code apply here would address some of the key issues for children and for non-offending parents, including information from police and access to support services.
Let us be honest: the knock disproportionately affects women, who are often forced to give up their job as a consequence, take time off sick, move home, supervise access, manage childcare, manage supervision and take on the burden of minimising the suspect’s risk of suicide or reoffending. Women are effectively treated as a protective factor, but they have no protection themselves.
I have worked on the amendment with Talking Forward, a charity that funds peer support for anyone whose adult family member has been investigated for online sexual offences. It is much more common than Members realise. Currently, three police forces refer families automatically to Talking Forward, but that could be broadened out nationally, if the amendment is accepted. Lincolnshire police now have a dedicated independent domestic violence adviser-type role for such families. Again, if the amendment is accepted, that could be rolled out more broadly to provide specialist support.
The first step must be to recognise children of child sexual abusers, whether physical or online, as victims. That will reduce costs in the long term, whether that is by ensuring children have immediate support or reducing costs to the family courts. I ask the Minister to accept this amendment.
Edward Argar
As the hon. Lady set out, amendment 46 would include persons who have suffered harm as a direct result of being a child of a person who poses a sexual risk to children, for example a paedophile, in the definition of a victim. I am grateful to her for raising this important issue and I reassure her that the Government absolutely sympathise with the challenges faced by the unsuspecting families of sex offenders and those who pose a sexual risk to children.
If family members in these circumstances have witnessed criminal conduct, they are of course already covered by the Bill’s definition of a victim—that is, if they have been harmed by seeing, hearing or otherwise directly experiencing the effect of the crime at the time the crime happened. I think the hon. Lady would like to go somewhat more broadly, to those who may not have been there at the time or have directly witnessed the crime, but who may still suffer the impacts of that criminal behaviour. I know that she is interested in support more broadly for the families of offenders and those impacted.
As the hon. Lady rightly said, that cohort would not come within our definition of a victim, which is deliberately crafted in both the Bill and the victims code to be designed for those who have been harmed directly by the crime in question and therefore need the broader entitlements in the code to navigate the criminal justice system, as well as to receive support. On this occasion, therefore, I must resist the broadening of the scope of clause 1 that the amendment would bring.
Maria Eagle (Garston and Halewood) (Lab)
The Justice Committee, in its pre-legislative scrutiny of the clause, did ask the Government to extend the coverage of these provisions to include children born of rape as secondary victims, and they responded positively. Is there a difference between the case that my hon. Friend the Member for Rotherham made for the children of paedophiles and the concession—that is the wrong word for it; it is technically correct, but I am not trying to suggest that the Government have given in—made in accepting the Justice Committee’s suggestion that children born of rape should be included? Is there a technical difference, because I am failing to see it at the moment?
Edward Argar
The technical difference, or the difference as we see it, is that in the case of the Justice Committee’s PLS recommendation the individual was born as a direct consequence of a criminal act. In the case to which the hon. Member for Rotherham referred, the individual is not experiencing something as a direct consequence of a criminal act, but there are of course impacts on them. That is the difference that we draw, but it does not mean that this cohort is not deserving of support on their own terms, and I will touch briefly on what is available.
His Majesty’s Prison and Probation Service funds the national prisoners’ families helpline, which provides free and confidential support for those with a family member at any stage of their contact with the criminal justice system. There are also several charities—I suspect that the hon. Lady works with them on these issues—that provide specific support for families affected by the actions of a family member, including support for prisoners, people with convictions, and crucially their children and families, and support for families that have been affected by sexual abuse.
We will continue to consider how best to support and protect those impacted by crime as well as victims of crime, who are directly covered by the Bill. I therefore gently encourage the hon. Lady not to press her amendment to a vote at this stage. She may wish to return to it, but I will continue to reflect carefully on what she has said. We sit and listen, but we may miss some nuances, so I will read the report of what has been said carefully.
Sarah Champion
I am grateful to the Minister for keeping an open mind. What is needed most is information on the criminal justice process for those family members, which would automatically be afforded under the victims code. I am grateful for his offer to read the report and see whether there is something that we can do. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Edward Argar
I am grateful to the hon. Member for Birmingham, Yardley for raising this important issue and for referring, as the right hon. Member for Garston and Halewood did, to pre-legislative scrutiny. I hope to have given Committee members some encouragement that on occasion I agree to changes, and perhaps to a different approach from that in the original draft of the Bill.
As the hon. Member for Birmingham, Yardley set out, her amendment 54 would extend the definition of a victim in the Bill explicitly to include families impacted by the death by suicide of a loved one as a result of domestic abuse. In her remarks, the hon. Lady quite rightly went wider than that, highlighting investigatory issues and broader prosecutorial issues. I have—as, I suspect, does every member of the Committee—huge sympathy for the families in the position that she set out. Before I turn specifically to the impact of her amendment, and I wish to touch on some of the support available for them,.
The Ministry of Justice provides police and crime commissioners with grant funding to commission local, practical, emotional and therapeutic support services for victims of all crime types, based on their assessment of needs. The Department for Health and Social Care has committed to publishing a new national suicide prevention strategy later this year and is engaging widely across the sector to understand what further action can be taken to reduce cases of suicide. The strategy will reflect new evidence and national priorities for suicide prevention across England, including actions to tackle known risk factors and targeted actions for groups at particular risk or groups of concern. An additional £57 million is being invested in suicide prevention by March 2024, through the NHS long-term plan.
I agree with the hon. Lady about the importance of the issue. With regard to her amendment, we are not convinced that explicitly extending the definition of a victim of crime in the Bill and the code is the right approach to appropriately support the families. Part 1 of the Bill specifically sets out how victims who have suffered harm as a direct result of criminal conduct are treated by and supported to engage with the criminal justice system. Our view is that that group is largely covered by the Bill’s definition of the bereaved family of a person who has died, including by suicide as a direct result of domestic abuse, which is captured by clause 1(2)(c):
“where the death of a close family member of the person was the direct result of criminal conduct”.
In the context, domestic violence is criminal conduct. I appreciate—this is potentially where the nuance lies, and why the hon. Lady might be pushing for greater clarity—that that will be fact-specific for each case in the circumstances. It is a complicated area and each case will be complicated but, as I say, we believe that clause 1(2)(c) captures this.
I know that we have discussed the need for clarity and awareness about entitlements among victims and agencies. As I am sure the hon. Member for Birmingham, Yardley is aware from her shadow ministerial role, the Government are consulting on and clarifying the position in the domestic homicide review to formally recognise this cohort of victims. With her permission, I will gently encourage her not to press her amendment at this point, but in the context of the broader work being done I hope she will allow me, in the short term, to write to her with greater clarity on our interpretation of clause 1(2)(c)—she may wish to challenge that in the future, of course; she is entitled to—and to see if we are able to factor in the broader work being done before we reach Report.
Jess Phillips
I thank the Minister. I would absolutely welcome it if he wrote to me and the Committee about exactly how clause 1(2)(c) encompasses what I seek, so that those families have an opportunity. It is good when Ministers say things in Committee that we can use to ensure that families get support. I will withdraw the amendment at this stage. I am not always especially keen on the Government, but the level of progress in the area of hidden homicides, certainly under the previous Home Secretary, is to be admired. I do not think that the Government are without concern on the issue of suicide in cases of domestic abuse. Thanks to what the Minister says, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Edward Argar
Amendment 63 seeks to add wording to the definition of a victim to explicitly state that it includes children. I reassure the hon. Lady that children who are
“a victim of, or a witness to, criminal conduct”
are already covered by the definition of a victim under part 1 of the Bill, and included in the current victims code. The relevant provision of the Bill—clause 1(2)(a)—says
“where the person has seen, heard, or otherwise directly experienced the effects of, criminal conduct at the time the conduct occurred”,
and that is not an age-specific or age-exclusive point; it is universally applicable.
The definition of a victim covers individuals, including children, who have suffered harm as a direct result of being subjected to a crime. It also covers persons, including children, who have suffered harm as a direct result of certain circumstances, including the death of a close family member as a direct result of criminal conduct, and being born from rape. The hon. Lady quite understandably made a number of broader points about the operation of the criminal justice system and the courts. I will confine my remarks to the amendments, but I note those points.
The Bill’s definition of a victim has been amended, as the hon. Lady touched on, to align with the full definition of domestic abuse in part 1 of the Domestic Abuse Act 2021, which will also be set out under the new victims code. The purpose is to have clarity and proper read-across between different pieces of legislation. The Bill therefore defines child victims who witness or experience the effects of domestic abuse as victims in their own right.
Individuals—again, including children—who witness a crime are covered by the Bill. We have described that as seeing, hearing or otherwise directly experiencing the effect of a crime at the “time the conduct occurred”, which ensures that we do not exclude individuals who have been harmed by witnessing a crime even if they were not physically present when it occurred. For example, they may have seen it occur online as it was happening if it was being streamed or similar.
We recognise that individuals will be affected differently after witnessing a crime. That is why we have specified that an individual will be defined as a victim only if they have suffered harm as a direct result of witnessing criminal conduct. In that context, amendment 63 is unnecessary as children are already covered by the definition in the Bill, which, as I said, also aligns with the DA Act 2021.
Amendment 42 would require the victims code to contain specific provision for children who are victims or witnesses. Again, I reassure the hon. Lady that the definitions in both the Bill and the victims code include adults and children alike. Children are also explicitly recognised in the current victims code as vulnerable victims. Some of her points—for example, on how a court case is run and the length of time given for evidence—will, to a degree, be down to the way a judge runs that particular case with judicial independence and discretion. However, that explicit recognition in the victims code means that children have entitlements and “enhanced rights”, such as getting information about key decisions more quickly.
That recognition is set out in the enhanced rights section of the code, which specifies that victims are “eligible for enhanced rights” if they are
“under 18 years of age at the time of the offence”.
Young people are automatically eligible for the special measures included in the Youth Justice and Criminal Evidence Act 1999, which the hon. Lady mentioned, when they are giving evidence. Such measures can include communication assistance through a registered intermediary, giving evidence by live link or having their evidence pre-recorded, subject to the agreement of the court or the judge.
I fully support the aim of making the victims code as clear as possible about the different and distinct needs of children. The hon. Lady is aware that we will be consulting on a new victims code after this Bill gains Royal Assent, and we have published a draft to inform the debate prior to that formal consultation. This is one of the areas that we will be focusing on in reviewing and updating that code.
Sarah Champion
The Minister is right to say that the special measures are subject to a judge’s discretion. I wonder whether, when he is looking at updating the guidance and the code, he could look quite closely into that, because of the example in Rotherham, where we have the ongoing past cases of grooming gangs. We are finding that the National Crime Agency tries to go for one judge, who is very aware of the need for special measures and very supportive of that. The concern is that, across the country, other judges are more subjective with regard to whether they think special measures are an automatic right and what the threshold is. Therefore, when the Minister is doing his review, will he look specifically at the guidance to judges about whether to allow special measures?
Edward Argar
I hope that the hon. Lady will forgive me if I resist the temptation to stray into areas that are properly judicial—related to judicial independence and, indeed, training and the Judicial College. I am very cautious about trespassing on judicial independence. She has made her point on the record, but as a Minister I have to be a little cautious in that respect.
The Children’s Commissioner, Dame Rachel de Souza, when she gave evidence to the Committee last week, welcomed the fact that work with her office had already begun. We are looking forward to working with her and others—including, indeed, in this House—as we prepare a further draft code for consultation. Given that the current code already includes provision for child victims and witnesses and that we have made a commitment to make that clearer in the new code, and given the definition in clause 1(2)(a), I hope that I will persuade the hon. Lady not to press her amendment to a Division at this point.
Sarah Champion
I thank the Minister for everything that he has said. I have comfort at this point, so I will not press the amendment. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Sarah Champion
My hon. Friend is absolutely right, as is the Domestic Abuse Commissioner. That is why it is imperative that all victims and witnesses, particularly children, can access support through this legislation without needing to engage with the criminal justice process.
I have worked with the NSPCC on this amendment, as it raised concerns due to the fact that the majority of crimes against children and young people are not reported to the police. It can be extremely difficult for victims and survivors to speak about their experiences of child sexual abuse, as revisiting traumatic childhood experiences often causes significant distress. Prior experiences of being silenced, blamed or not taken seriously by the justice system can discourage victims and survivors from disclosing child sexual abuse again.
The independent inquiry into child sexual abuse found that child sexual abuse is dramatically under-reported. The 2018-19 crime survey for England and Wales estimated that 76% of adults who had experienced rape or assault by penetration did not tell anyone about their experience at the time. A large number of the inquiry’s investigation reports noted that the true scale of offending was likely to be far higher than the available data appears to suggest. The Government’s own “Tackling Child Sexual Abuse Strategy 2021” noted that:
“People were even less likely to tell the police—only an estimated 7% of victims and survivors informed the police at the time of the offence and only 18% told the police at any point.”
Can the Minister guarantee, on the record, that the definition of victim includes those who choose not to report to the criminal justice system? The majority of victims, who choose not to report an offence, must still be able to access support under the Bill.
Edward Argar
I am grateful to the hon. Lady for the amendment, which she has clarified is a probing amendment; she is seeking clarity from the Box, as it were, that someone can come within the definition of a victim in the Bill without needing to report the relevant crime. Let me reassure her at the outset that that is already the case in the Bill’s existing definition.
Victims of crime are considered victims under part 1 of the Bill, whether or not the offence has been reported to the police or any other criminal justice body. This is a fundamental part of the Bill, because we want to make it clear that victims of crime are able to access support services, regardless of whether they have reported a crime.
The point is covered by clause 1(4)(b), which sets out that,
“criminal conduct” means conduct which constitutes an offence (but in determining whether a person is a victim by virtue of any conduct, it is immaterial that no person has been charged with or convicted of an offence in respect of the conduct).”
I am happy to clarify and build on that for the hon. Lady: reporting or conviction is not required to meet the threshold. That echoes the current victims code and approach, which is clear that relevant entitlements are available,
“regardless of whether anyone has been charged, convicted of a criminal offence and regardless of whether you decide to report the crime to the police or you do not wish to cooperate with the investigation.”
In the new draft code that we have published, that point is further highlighted in the opening section on who is a victim under the code, which explicitly sets out:
“The term ‘criminal conduct’ reflects the fact that you do not need to have reported the crime to the police to be considered a victim of crime. Some of the Rights under this Code apply to you regardless of your engagement with the criminal justice system.”
The reason it is worded that way is because some of the rights are clearly worded as only to be directly relevant if someone is in the criminal justice process. It is explicit there that the code would apply to the individuals that the hon. Lady seeks to ensure are encompassed in this context.
I appreciate that the amendment seeks to make the fact that reporting is not required as clear as possible. Our view is that the amendment is not necessary because of the current drafting of the Bill and the wording of the revised victims code.
Noting the hon. Lady’s words that this is a probing amendment, I hope she will not feel the need to press it further.
Sarah Champion
I thank the Minister for that clarity. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Anna McMorrin
Yes, that is what I am looking at right now. I wanted to make a couple of general points, because we are beginning the line-by-line scrutiny of the Bill, if you will just allow me to do so, Sir Edward; you are being very generous—thank you.
We can only do this by working together. I turn to the amendments that we have discussed today—the critical ones tabled by my hon. Friend the Member for Rotherham, who is a steadfast champion for the rights of those who have been abused and for the rights of children. I commend her for that work. The amendments we have discussed seek to strengthen clause 1 on the definition of a victim, and they particularly consider antisocial behaviour and child criminal exploitation.
My hon. Friend the Member for Birmingham, Yardley, when speaking to her amendment 54, made some emotive points on death by suicide and the impact on family members.
I hope that we can work together as we move forward in our consideration of the Bill, so that amendments, including those to clause 1, are discussed and debated, and so that we can amend the Bill later down the line, and so that victims’ rights, particularly the rights of child victims, are clearly defined in the Bill and that we strengthen the Bill as a result.
Edward Argar
I am grateful to right hon. and hon. Members for their points. It is important and right that we have taken a considerable amount of time to consider this clause on the definition of a victim, which of course is central—quite understandably—to what this Bill is about. It is a piece of legislation that I am pleased to be taking through Committee. If it does not harm my prospects with the Whips to say so, I will say that when I first entered this House in 2015 I took a close interest in working on this issue, alongside the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), having both been elected at the same time.
The hon. Member for Cardiff North mentioned the role of Victims’ Commissioner, which, as she will appreciate, is an extremely important post. We have seen a number of changes of Lord Chancellor in recent years. As she would expect, the new Lord Chancellor takes a very close interest in the position and is determined to make sure that he gets things right, gets the right person and that the process is properly followed. I know that he is as keen as she is to see the post filled, but filled properly.
Anna McMorrin
I appreciate the Minister’s answer. Could he come back to the Committee with a timetable for the appointment?
Edward Argar
It is probably premature to offer a prescriptive timetable, but I know that it is very much on the Lord Chancellor’s mind and that he recognises the importance of the role.
I am grateful for the debate on clause 1 and the various amendments. It is clear that we all agree on the importance of the clause. As I have alluded to, I am happy to work across the House where possible to see whether there are ways that we can address the points that have been raised.
Our intention in clause 1 is to define “victim” for the purposes of the relevant clauses in part 1 of the Bill, so that it is clear who is covered and entitled to benefit from the measures. If I may put it this way, we have sought to be more permissive and less prescriptive to avoid inadvertently excluding particular groups. In resisting some of the amendments, we have tried to avoid an approach that is duplicative. We do not need to put something in the Bill if there are other ways that we can achieve the same objective.
The clause focuses on victims of crime, which is relevant to the Bill’s measures designed to improve support services for victims, regardless of whether they report the crime, and to improve compliance with the victims code. I am grateful for the constructive engagement on the clause. I believe that the definition as drafted is a good definition, but there are certain points that I will take away and reflect on further.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Sarah Champion
On a point of order, Sir Edward. Amendments 44 and 49 have been grouped together, but they have little to nothing to do with each other. Is there any way to separate them, or am I stuck with that group?
Edward Argar
I am grateful to the hon. Member for Rotherham for tabling the amendment and airing this issue. The amendment seeks to ensure that victims are given
“information from all state agencies with responsibilities under the victims’ code, including the NHS, to help them understand the criminal justice process and beyond, including grant of leave or discharge.”
I recognise the importance of ensuring that victims receive the information they need to help them understand the process, including when the release—temporary or otherwise—of offenders detained outside the prison system is being considered.
The hon. Member for Rotherham drew attention to cases where an offender was subject to a hospital order. As the right hon. Member for Garston and Halewood highlighted, such offenders are subject to a different process from offenders in the prison estate. They are viewed through the prism of health as opposed to criminal justice, and decisions about their detention under the Mental Health Act are taken by the mental health tribunal or the Secretary of State for Justice, rather than by the Parole Board. However, I want to reassure hon. and right hon. Members that communication with victims about those processes is handled in the same way, through the HMPPS victim contact scheme.
Under the scheme, the victim liaison officer will share information about the process for considering release and will notify victims when the patient is having their detention reviewed. The victim liaison officer will also support victims and make representations to decision makers on conditions of discharge in appropriate cases. The victim liaison officer is best placed to communicate with and support victims in such circumstances, as they will be expert in the process and have victims’ interests at the centre of their work.
The victims code includes some information about the process and what victims can expect from those involved, under right 11, the right
“to be given information about the offender following a conviction.”
I think it is right to keep the detail of who will deliver services, and how, in the code rather than in the Bill, in order to build in flexibility so that it can continue to be updated and to enable the inclusion of more operational details, such as those I have outlined. However, I take the point made by the right hon. Member for Garston and Halewood and the hon. Member for Rotherham about how we get an organisation such as the NHS—I had the privilege being the Minister of State for Health for two and a half years—to engage with that in what is understandably a different context, because there is often a medical mindset rather than a criminal justice one. My plea to Members is that this is better considered in the context of the revised code, and that perhaps we can use that to better draw out victims’ rights.
Sarah Champion
Could I push the Minister to say that he will consider this in the revision of the code? I hear everything that he says, but it relies on all the different parts working together, which simply is not the case.
Edward Argar
Notwithstanding any legislative reason or primary legislation that might limit our scope, I am quite happy to look at it in the context of the code. We have published a pre-draft to give colleagues and organisations the opportunity to engage with it and make suggestions before it goes to the formal consultation process, and so that it is available to members of the Committee during our deliberations. I encourage the hon. Lady to engage with that.
With that, I hope that I may encourage the hon. Lady to treat this as a probing amendment, rather than one she wishes to press to a Division.
Sarah Champion
I will indeed treat it as a probing amendment. I am given confidence by the Minister’s words. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Anna McMorrin
I thank my hon. Friend for making that point. That is at the core of why I would like the Government to agree to the amendment. The principles are at the core of the Bill and agencies must comply with them. If they do not, that will call into question the essence of this entire piece of legislation.
I understand from the Government’s response to the Justice Committee’s pre-legislative scrutiny report that they believe the wording cannot be “must”—I am probably predicting what the Minister will say—because agencies require flexibility. However, having spoken to various stakeholders, I have seen no example where such flexibility would be required or reason why we could not reflect it in the code, rather than by watering down victims’ rights in the Bill.
As the Government’s reasoning remains unclear, I hope the Minister might clear that up for us today. If the intention is to prevent civil litigation from victims, the Bill already achieves that. Victims deserve some form of accountability from criminal justice agencies, and weakening victims’ rights by using the word “should” will result only in a Bill that fails to make a difference on the ground.
The victims code has been in place since 2006. Compliance with the code has always been low; even though the Government have reformed it four or five times, that has not driven better compliance. The Bill is an opportunity to improve that, but by stating that agencies only “should” comply, it absolutely fails to do so. I will repeat what London Victims’ Commissioner Claire Waxman said during the evidence session. She said that
“delivering the code is a minimum level of service to victims. Even if agencies are complying and delivering it, it is still a minimum level.”––[Official Report, Victims and Prisoners Public Bill Committee, 20 June 2023; c. 29, Q67.]
As shadow victims Minister, I speak to survivors every day. Their harrowing truths and inspiring bravery helps shape what we do in this place, and I thank every single one of them for sharing their truth with me. I want to pay tribute to one of them, Sophie, who spoke to me. She was raped when she was just 19 years old. After Sophie reported the rape to the police, she was brought in to be interviewed, after which months went by with little contact or communication about her case and what was going to happen. She was not told of her entitlement to an independent sexual violence adviser for eight months after speaking to the police and had to wait two years for her day in court after it was pushed back several times. Sophie was told by the detective on her case that it would help her to give evidence in person in court, which she did, even though she was absolutely petrified and the thought of it retraumatised her. She desperately did not want to.
Her Crown Prosecution Service barrister looked at Sophie’s case for only 30 minutes before the trial. He had no communication with her before that—not even a conversation before the trial began. Sophie told me that she felt like a tick-box exercise for the CPS to just get its stats up and get the case into court.
During the trial, Sophie was put behind a screen to protect her from seeing the perpetrator—a little screen that goes up, knowing that the perpetrator is there—but the defence barrister persisted and used a horrific scare tactic to throw Sophie off. He asked her to open a booklet that was in front of her. She opened it to page 1 and in front of her was the image of the man who was the perpetrator. Her own barrister did absolutely nothing to stop that. That not only had a very real mental health impact there and then—she suffered a panic attack and anxiety and had to leave the courtroom—but she could not gather herself afterwards because it had retraumatised her. She said to me that she thought she was going to vomit there and then in the court, and nobody did anything to stop her. The witness assistant, who was of course trying her best, said, “Pull yourself together, Sophie. You need to go back in there and do this.”
Sophie told me that because of the technique used she was unable to remember any of the important details of the incident, and we know what trauma does: people cannot recall really important incidents and detail. The intense stress and anxiety she was experiencing meant that she just could not remember. She believes that that led to the not guilty verdict.
After waiting a torturous two years for justice, Sophie was retraumatised and her attacker walked free. Although I agree with the four overarching principles, I do not agree that they are a step in the right direction for victims. We must make sure that the Bill is fit for purpose and that agencies have a duty on them. That is why the amendments and changing “should” to “must” are essential.
Edward Argar
I am grateful to the shadow Minister for the amendments and the opportunity to debate them, and for her articulating her rationale for them so clearly. I hope you will allow me to address all four together, Sir Edward, as they each seek to ensure that the victims code is required to make provision for services for victims that reflect the overarching code of principles in the Bill—as the hon. Lady has said, replacing “should” with “must”.
I want to explain the reasons behind the approach we have taken. The principles provide a legislative framework for the code, which ensures that the code captures the core issues that we know victims are most concerned about—the right information, the right support, the opportunity to have their views heard and the ability to challenge decisions that affect them.
I reassure the Committee that the detailed entitlements for victims are set out in the victims code. As it is a statutory code of practice, there is already a clear expectation that agencies will deliver the entitlements that it sets out, and agencies are required to justify any departure from it if challenged by victims or the courts. The hon. Lady gave the example of particular cases. There will be many others. Without straying into decisions made by judges in those cases, she illustrated through that example why the principles matter.
Jess Phillips
Does the Minister agree that if this was written into primary legislation and it did not happen, a victim who sought to challenge that would have a case in law to do so, and would not otherwise?
Edward Argar
I will turn to non-compliance and why we believe that the approach that we have set out in the clause is the right one. I suspect that Opposition Members may take a different view, but after making a little progress, I will hopefully address some of their points—whether or not to their satisfaction.
Maria Eagle
Will the Minister give way again, before he goes on? I am not seeking to try his patience.
Maria Eagle
Dame Vera Baird, the former Victims’ Commissioner, said in evidence:
“There is a statistic—from 2020, I think—that 70% of people who have been through the criminal justice system as victims have never heard of the victims code. We used Office for National Statistics data in 2021 and showed that 80% of victims who had gone through the entire criminal justice system had never heard of the victims code. The first code was in 2006, so it has been completely ignored for 18 years.”––[Official Report, Victims and Prisoners Public Bill Committee, 20 June 2023; c. 29, Q66.]
How will the Minister’s wording tackle that better than beefing up the language in the Bill would?
Edward Argar
I am grateful to the right hon. Lady, but there is a slight difference between her two points. That survey refers to the number of victims who were not aware of the code; that does not necessarily mean that their rights were not available to them, or even that they were not given to them. They may not have seen it through the prism of the victims code, but they may have been kept informed. She is right to highlight that under Governments of all political complexions there is more to do in driving this, but the key point that that evidence points to is the importance of raising awareness of the code, ensuring that people know it exists and understand what it can do for them. As we progress through the other clauses, I suspect that we will touch on how we can do more on that. Raising awareness of the code’s existence and what is in it is the crucial first step to empowering people to request, push for and demand their rights under it.
Rob Butler (Aylesbury) (Con)
In terms of raising awareness, does my right hon. Friend agree that the language used in any explanatory materials needs to be crystal clear, and tested for comprehension by people of all levels of ability and understanding? We know that many people in prison who come up against the criminal justice system from that side have very low reading ages. It is really important, because some offenders are also the victims of crime, that what we put into legislation with every good intention is clearly understood.
Edward Argar
My hon. Friend is absolutely right. That is one of the reasons, but not the only reason—I suspect we may touch on this when we come to amendment 49—why our approach is to place a greater reliance on the victims code, because the nature of legislation is that there is often a requirement for it to be phrased in a certain way with particular language for good legal and drafting reasons. With a statutory code such as the victims code, there is greater flexibility to ensure that it can do what it aims to do, which is to make it accessible. As I said, I suspect we may touch on this when we discuss amendment 49 from the hon. Member for Rotherham.
On addressing non-compliance, the Bill places a new duty on criminal justice bodies to collect and share code compliance information with police and crime commissioners, who in turn are under a new duty to share information with the Secretary of State. We also intend for information to be shared within national oversight structures, and there is a duty on the Secretary of State to publish information, which will allow the public to assess, through greater transparency, the compliance of public bodies with the code. Where issues are identified by police and crime commissioners or others, operational agencies can take action to address them and enforce standards. Should local solutions fail, senior figures in the criminal justice system will provide national oversight to drive improvements at a system level. Ministers already have powers to intervene where systemic failures occur, such as the ability to direct inspections or direct measures to remedy failures.
When things go wrong, victims can make a complaint. The Bill will simplify the process for victims of crime to escalate complaints. It does that by removing the need to raise a compliant through an MP before it can be made to the Parliamentary and Health Service Ombudsman. Instead, it allows victims to make a complaint directly or through a nominated representative. I know that Members of this House are always diligent in considering PHSO requests and forms from members of the public and their constituents—we look at them, we review them and we sign and submit them where appropriate—but we believe that this simplifies the process in these circumstances and provides for direct access. The PHSO will investigate complaints and can recommend that an organisation issues an apology, provides a financial remedy or takes action to resolve the complaint to prevent the same thing from happening again. Crucially, it can follow up on whether action has been taken and report to Parliament where an organisation has failed, not only providing a remedy for individuals but being a driving force for improvements for victims.
In summary, our view is that the Bill provides an appropriate legal framework for the victims code that sends a clear message on the principles that are important for victims, alongside new monitoring and oversight measures to drive up compliance with the code. I hope that the shadow Minister will not press her amendments to a Division, but I will wait and see.
Anna McMorrin
I thank the Minister for his response. As I predicted in my outline—I must admit, I am not psychic, but I do read the Minister’s responses to the Justice Committee and in pre-legislative scrutiny—I am disappointed that the view has not changed, because when speaking to agencies and victims, that is what they all tell me is needed to provide the support that victims so desperately need. I outlined that in the emotive response from Sophie, who spoke to me about her awful experience, but we know that that is just one experience. These experiences happen time and again across the country, and I am sure that because all of us here have an interest in victims and the justice system, we will all have heard similar cases.
I am disappointed that the Minister has not understood that and is not seeking to change “should” to “must”. As we heard clearly in the evidence sessions, and as my right hon. Friend the Member for Garston and Halewood mentioned in regard to the former Victims’ Commissioner, who talked about the need for this to be outlined, criminal justice agencies do not know that the code even exists. Changing “should” to “must” would be a vital way of ensuring that this is on the face of the Bill. Victims deserve some sort of accountability from these agencies, and the weakening of their rights through using only the word “should” will not make a difference on the ground. I hope that we are trying to work together today to make that difference for victims on the ground. The victims code has been in place since 2006, but as has been outlined today and in statements from our witnesses, it is not being used. It is therefore not making a tangible difference to victims’ experiences and the criminal justice agencies are not using it to its full potential.
I will not press the amendment to a vote now, but may bring it back at a later stage. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Maria Eagle
Absolutely: prelingually deaf people in particular do not have English as a first language. British Sign Language is their first language and we cannot just assume that they will be able to read written English in the same way in which they could understand proper sign language interpretation. That is a misunderstanding and a lack of awareness on the part of those who provide services. If we do not make it clear that access has to be provided, with reasonable adjustments to ensure that deaf people can understand what is being said and can exercise their rights, we will not be doing a proper job.
It is all too easy to think about this as an added extra—that it would be good if we had enough money in the budget to translate the victims code into different languages—but translating the code is an essential part of ensuring that it is implemented and usable by many victims. If we do not do this, we will not have the success that we all hope for from putting the principles underlying the code into legislation. We can have as much flexibility as we like by not putting the draft code into primary legislation, but we need to make sure it is accessible to those who need it. The amendment is important. It is not a nice added extra: it is an essential part of ensuring proper awareness and that the victims code is usable and benefits those who need it to access their rights and to be able to deal with the criminal justice system as victims.
Edward Argar
Amendment 49 would amend the first principle of the victims code, which says that victims should be provided with information to help them to understand the criminal justice process, to state that the code should be provided in a format or language required for a victim to understand.
The victims code includes an entitlement—indeed, it is the very first entitlement—for victims to be able to understand and to be understood. The right states:
“You have the Right to be given information in a way that is easy to understand and to be provided with help to be understood, including, where necessary, access to interpretation and translation services.”
Not only is it implicit in that that the issues raised by the right hon. Member for Garston and Halewood and the hon. Member for Rotherham are addressed, but in the revised draft of the victims code that we have published, footnote 28 on page 15, which sets out right 1 in more detail, explicitly says that the right
“includes both spoken and non-spoken interpreting, for example if a victim is deaf or hard of hearing.”
It is there in the code not only implicitly, but explicitly, particularly in respect of the circumstances alluded to by the right hon. Member for Garston and Halewood.
We appreciate that the criminal justice process is complex and on occasion can appear impenetrable. The code is absolutely clear in right 1, which is “To be able to understand and to be understood”—
Edward Argar
I will finish my sentence, then of course I will. The code is absolutely clear in right 1 that all providers are expected to consider any relevant personal characteristics that may affect a victim’s ability to understand and be understood, and to communicate with victims in simple and accessible language—a point made by my hon. Friend the Member for Aylesbury in his intervention —to help them to understand what is happening.
Sarah Champion
I began my speech on the amendment by welcoming the new changes, but the fact of having it enforceable is the nub of the amendment. Is the Minister able to speak about that? I have the right to be treated with respect in this place, but it does not always happen.
Edward Argar
I appreciate the hon. Lady’s point. I will just round off my point, then address her point specifically. Right 1 of the code is clear that victims who, for example, have difficulty understanding or speaking English—the right hon. Member for Garston and Halewood alluded to the fact that some people’s first language will be not English but British Sign Language, so they would be encompassed in the wording—are entitled to use an interpreter when being interviewed by the police or giving evidence as a witness, and so on. It also sets out the circumstances in which victims are able to receive translations of documents or information and makes it clear that all translation or interpretation services must be offered to the victim free of charge. The approach we have adopted throughout, and continue to support, is that we set out in the Bill the overarching principles that are important to victims and underpin the victims code, but the operational detail of how they are delivered sits in the code itself.
To address the hon. Member for Rotherham’s point, it is of course a statutory code, and we are strengthening that in the way we are approaching it in this legislation, but I appreciate her point. When she reviews the code, if she has suggestions about how right 1 on page 15 might be made more explicit—it is there, but she might argue that the footnote 28 at the bottom of page 15 could be made rather more prominent—I am happy to reflect on them and, equally and more broadly, any suggestions that she or other right hon. and hon. Members have on how the code might be made more accessible, including in its language, which goes to my hon. Friend the Member for Aylesbury’s point in the debate on a previous group of amendments.
We are clear that given that the focus in the code is on the need to provide information in a way that is understood by those who need it, the amendment is unnecessary. We believe that the code is the right place for the right to be articulated, and on that basis I hope that the hon. Member for Rotherham will consider not pressing the amendment to a Division.
Sarah Champion
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Sarah Champion
I beg to move amendment 45, in clause 2, page 2, line 23, at end insert
“and with all state agencies with responsibilities under the victims’ code, including HMCTS and the NHS when considering leave or discharge;”.
Amendment 45 follows on from my amendment 44, which was about access to information for victims of mentally disordered offenders. Amendment 45 focuses more on release decisions. Victims need information beyond the arrest, prosecution and conviction of the offender: they also have a right to receive information about the offender’s leave and discharge. In all other situations that right is a given, but we need to ensure that it also works in practice for victims of mentally disordered offenders.
Mentally disordered offenders who have committed serious crimes are typically granted leave or discharged by mental health tribunals, also known as first tier tribunals. Hundred Families, with which I worked on the amendment, says that there is no evidence of mental health tribunals taking victims’ rights seriously—a bold statement. Victims are not considered to be interested parties when the release of dangerous offenders is being considered. Mentally disordered offenders who have committed very serious crimes can apply for leave or discharge within six months of conviction and every year thereafter. Victims of such mentally ill offenders are granted only very limited rights to comment in the tribunal hearings, particularly in comparison with when parole boards consider the discharge of offenders who have committed serious violence.
At the parole board, victims can make a personal statement, attend the hearing, receive copies of any decisions and appeal the decision. At mental health tribunals, victims cannot make any personal statements. They are not allowed to attend the hearing, do not receive decisions and have no means of challenging any decision, because they are made in secret and not publicly disclosed. I draw the Minister’s attention to his remarks about my amendment 44: what I have said brings them into dispute. I am interested to hear his thoughts about that.
Other jurisdictions—notably Scotland, but also Queensland, Australia—allow victims’ participation at mental health tribunals without any known problems. Amendment 45 simply aims to bring these victims’ rights in line with those of any victims participating in the parole process.
Edward Argar
As ever, I am grateful to the hon. Lady for her speech setting out the rationale for amendment 45. She seeks to give victims the opportunity to make their voices heard during particular types of proceedings. The amendment seeks explicitly to include the NHS and HMCTS within the victims code principle that victims should have the opportunity to have their views heard in the criminal justice process. It seeks to cover cases in which the full or temporary release of offenders detained outside the prison system under the Mental Health Act 2007 is being considered.
Eligible victims are able to provide their views on release conditions for offenders, but they are not able to explain to the decision makers in the mental health tribunal the impact that the crime had on them. We agree with the hon. Lady: we do not think that is right. Victims are able to give such explanations in the courts and the parole systems through a victim personal statement, and we believe that that should be the case regardless of where the offender is detained. That is why the Government have committed to making provision in the new victims code for victim personal statements to be submitted to mental health tribunals considering the release of an offender.
That commitment is reflected in the draft code that we have published. Right 7, the right to make a victim personal statement, includes draft text to show how that would apply to victims eligible for the victim contact scheme. We are working through the details with our partners, including the judiciary, to consider how we can appropriately achieve our aim in a way that recognises the particular sensitivities relating to the offender’s health records and conditions in these settings.
We have committed to consult on an updated victims code after the passage of the Bill. As always, I am open to working with the hon. Lady on ensuring that the new provisions relating to mental health tribunals meet the needs of victims. We will keep her updated on the work we are doing. For reasons of flexibility, it is right to keep the detail of who will deliver the provision, and how, in the code itself rather than in the Bill, but I hope that I have reassured the hon. Lady that we share her view and that we are working to deliver on that, both through the code and with the judiciary.
Sarah Champion
Indeed, and I thank the Minister. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Sarah Champion
I tabled the amendments and new clause because I have had to deal in a short period of time with two constituency cases of pretty horrendous child sexual exploitation in which victims of extremely serious crimes were not notified when an offender was considered for transfer to open conditions until after a decision had been made and, in one case, after the decision had been implemented, which goes completely against the existing practice that is detailed in the code and should be enforced across all our justice systems. That happened despite the statutory duty on His Majesty’s Prison and Probation Service to notify victims. Neither constituent had the opportunity to express a view on the transfer, to outline their concerns or to contribute in respect of the conditions of the release. Instead, in a bolt out of a blue, they were told, seemingly by accident, that their offender was out on the streets. It is hard to imagine the shock and terror that caused them.
When I raised the cases with the then Secretary of State for Justice, I was told that both incidents were the result of human error. The two incidents were markedly similar and affected people in a relatively small geographical area in an extremely short period of time, so I find it very hard to believe that they were isolated and not, instead, a system failure. It is difficult to understand how such errors can be made if well-understood processes are in place, as we are expected to believe, and those processes are underpinned by statute. The changes in the amendments and new clause would strengthen the statutory underpinning, hopefully to thereby avoid similar incidents happening in future and ensure that such devastating mistakes could not happen again.
Amendment 48 would add “including on parole decisions” to clause 2(3)(c), which says that victims
“should have the opportunity to make their views heard in the criminal justice process”.
That should already be happening but sadly is not, and victims are being left vulnerable, uninformed and without their rights being met.
New clause 7 would place a core responsibility on the Parole Board, as the statutory body, to ensure that the right of victims to make their views heard is fulfilled, by monitoring and reporting on how it supports victims to ensure that their views are heard.
Amendment 50 would, similarly to amendment 49, ensure that victims have the opportunity to make their views heard in the criminal justice process and that they should be provided with the appropriate support to communicate their views. The amendment is supported by, among others, the Bell Foundation, to which I am grateful for its support. The amendment is vital for the victims the foundation works with to ensure that they can be involved in parole decisions.
As I stated in my remarks about amendment 49, Google Translate is used too frequently and is not an effective tool for ensuring that victims can understand and be understood. An example from Rape Crisis refers to a victim of domestic abuse and sexual violence whose first language is not English. When she attended a meeting with the police, no support or interpreting service was provided. She was handed a “no further action” letter that provided no rationale and gave no understanding of what it was. She had to struggle to use Google Translate to understand the decisions that had been made. How is she supposed to communicate her views about a parole decision if she is unable even to understand the process?
All victims deserve the right to be involved in parole decisions, but we must first ensure that they can be understood when they give their views and that they also understand the process.
Edward Argar
Before I turn to amendment 48, let me address amendment 50, which would add to the victims code the principle that victims should be provided with appropriate support to make their views heard in the criminal justice process. It is right that victims are able to make their views heard, and I agree that they may need support to help to navigate the process effectively. That is why there is already support in place for them to do so, including support provided by organisations and services, such as independent sexual violence and independent domestic violence advisers, and other victim support services that can help explain and help victims navigate the justice system. A victim personal statement is key to the victim being heard in the criminal justice process. That allows victims to explain in their own words how a crime has affected them.
Under code right 7, “To make a Victim Personal Statement”, the police are expected to provide victims with information about the victim personal statement process, so they can decide whether to make one. The College of Policing provides guidance for the police on what victims need to know about the process of making a victim personal statement. To help victims, the Ministry of Justice has published guidance called, “Making a Victim Personal Statement”, which explains what it is, how it works and what the victim needs to do.
Support at court if the victim is due to read out their victim personal statement may include special measures, such as the use of a screen or live link, and support from the witness service can include accompanying the victim when they give evidence or read their victim personal statement. If giving a victim personal statement during the parole process, victims who are part of the victim contact scheme will have a victim liaison officer, who can help them write their statement and let them know how it will be used during a parole hearing. I hope that I have gone some way to satisfy the hon. Lady that support is already in place.
Sarah Champion
I will be quick because I know we have a vote coming. I agree that the instruments are in place, but the problem is that it relies on humans to actually let the victim know or the Parole Board to let the victim support know, and that is where it is breaking down.
Edward Argar
I hope I might address that to some extent as I turn now to amendment 48 and new clause 7, which relate to the role of victims in the parole system. Amendment 48 would add parole decisions to the principle in the victims’ code that victims’ views should be heard in the criminal justice process, and new clause 7 would place a duty on the Parole Board to monitor how it supports and enables victims to give their views to the Parole Board. It would be required to report that to the Secretary of State, who in turn would be required to publish it. It is vital that victims are informed of the parole process and are given every opportunity to engage with it so their voices are heard. The parole process can be distressing for victims, so it is crucial that they understand how the system works and receive support to effectively engage in the process.
We have made improvements to the way victims can receive information and participate in parole proceedings, including the introduction of decision summaries and public hearings. Parole hearings are part of the criminal justice process, which extends beyond the trial. That means the principle that victims should have the opportunity to make their views heard in the criminal justice process already includes relevant parole decisions, so the amendment is not necessary.
Right 11 in the victims code already sets out victims’ entitlements to submit a victim personal statement as part of the parole process. Where the victim chooses to make a victim personal statement, the Parole Board Rules 2019 require that it is included in the dossier of written evidence submitted to the Parole Board by the Secretary of State. Right 11 of the code then requires the Parole Board to read the victim personal statement, if one has been made. We have committed to developing a process to allow victims the opportunity to make written submissions to the Parole Board in addition to their victim personal statement. Information in the submissions could include their views on the offender’s potential release and questions to the Parole Board. Provision for victim submissions will be included in the new victims’ code.
It is vital that victims are supported during the process, that there is oversight to ensure they are being given the opportunity to have their voices heard and that they feel supported to do so. However, the proposed new clause seeks to put duties on the Parole Board in relation to support for victims. The reality is that the Parole Board does not liaise directly with victims. In practice, the responsibility for supporting victims through the parole process lies with probation service victim liaison officers, who sit within His Majesty’s Prison and Probation Service. They are specially trained to work with and support victims through the parole system, including ensuring that they can submit a victim personal statement and be informed of the outcome of the review.
Under the current code, victims are entitled to be given information about the offender following a conviction and to be told about how to make a victim personal statement. That is delivered through the referral of eligible victims to the victim contact service, and they are then assigned a victim liaison officer. That means that compliance with those entitlements can be monitored and reported on via clauses 6 and 7. The clauses place a duty on HMPPS to collect and share information on the delivery of victims code entitlements and to jointly review this with police and crime commissioners, and on police and crime commissioners to report to the Secretary of State, who will publish relevant information.
On the basis that we can monitor this important information by different means, and that an updated victims code will include the information regarding representations to the Parole Board, I encourage the hon. Lady not to press her amendment to a Division at this time.
Sarah Champion
I thank the Minister for what he says, but it does not given me the reassurances that I want, because things are not working in practice. I will not press my amendment to a vote now, but I am minded that the new clauses will come at the end of our consideration. I may well press the matter then if he is unable to give those reassurances. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Elliot Colburn
The APPG that I chair produced a report into the state of restorative justice in the UK, and looking at resourcing RJ was one of our nine recommendations. I ask the Minister to take a look at those recommendations again to see how we can better allow victims to access RJ when they feel that they want to and when it is appropriate.
I do not deny that excellent work is being done. I commend the practitioners and prisons engaging with the issue, but far too often I hear from victims who want to go through this process that they find it a struggle—or else victims have no idea that restorative justice exists. That is why enshrining it as a right in the victims code would help to raise awareness and ensure that victims can access it if they want to. I will bring my remarks to a close, but would be grateful to hear any reassuring remarks from the Minister.
Edward Argar
I pay tribute to my hon. Friend for the work that he and the all-party parliamentary group that he chairs do on this important issue. I am grateful to him for giving us an opportunity to debate restorative justice. He and I have spoken about it in the past; as I have highlighted, we are committed to the effective use of restorative justice in appropriate cases.
I am grateful to my hon. Friend for highlighting Ray and Vi Donovan’s case and situation as an example of how restorative justice can work well. I know that when it is delivered in the right circumstances it can result in improved victim satisfaction and reduced reoffending, bringing benefits to victims, offenders and their communities.
We support local agencies providing restorative justice in the devolved model that came in a few years ago. We looked to police and crime commissioners to fund services locally, as they are best placed to assess local need. We are encouraging greater co-commissioning between police and crime commissioners and regional probation directors.
The second code principle in the Bill is already clear that victims
“should be able to access services which support them (including, where appropriate, specialist services)”.
That covers all types of support services. We would consider it to include restorative justice services where appropriate.
The code also goes further. Right 4—to be provided with information when reporting a crime—is clear that victims are entitled to information from the police about restorative justice and how to access such services in their local area, and that all service providers will consider whether victims would benefit from this information at any stage of the criminal justice process. We are also using the Bill to create a duty for agencies to raise awareness of the code, including information about restorative justice, so that victims know what services they can, and should, receive.
I hope my hon. Friend will not press his amendment; he said that it is essentially a probing amendment. Specifying different types of support services in primary legislation might, we fear, inadvertently narrow the current broad coverage, but he raises some very important points.
First, we must be cautious of a general entitlement to access to restorative justice. That would not always be appropriate because offenders must voluntarily agree to participate, as my hon. Friend highlighted. To give him some hopefully positive news, I am open to considering alternative approaches that the Government can assist with to promote the effective use of restorative justice in appropriate cases. I read his report carefully and, as luck would have it, I have written to him—I think I signed it today—responding over four pages to his nine recommendations. In that letter to him, I offered to meet with him outwith this Committee to engage on these issues and see what more we can do to work together. Given that, I hope my hon. Friend will not press his amendment to a vote. I look forward to exploring the issue with him in more detail in that meeting, should he wish to take me up on it.
Elliot Colburn
I am grateful to the Minister. That is incredibly reassuring and I look forward to reading his response when it lands. On the basis of those reassurances, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Edward Argar
I turn first to amendment 38, which seeks to include victim compensation as an additional victims code principle, and I am grateful to the hon. Member for Rotherham for her explanation of it. I should put on the record at this point that I am aware of the hon. Lady’s tireless work to support victims of crime, particularly victims of child sexual exploitation. She and I have worked on this issue in my previous incarnation in this role and I know that during my interlude in the Department for Health and Social Care—and, very briefly, in the Cabinet Office and the Treasury—she has continued relentlessly to pursue this cause. Now that I am back in the Ministry of Justice, it is nice that we can pick up some of the issues that we were discussing back in 2018 and 2019.
I agree with the sentiment behind the amendment. It is quite right that, in appropriate circumstances, victims should receive compensation for the harm that they have suffered as a result of a criminal offence. She made one point that was particularly interesting. When I have previously talked to staff at the Criminal Injuries Compensation Authority, I have found that their preference is for less discretion and more prescription, from the perspective that it makes their job easier because that is black and white—that is the decision—rather than there being any potential grey area that causes uncertainty for claimants and applicants.
Responding to the hon. Lady’s key point, however, I will say that this issue is already reflected in the victims code. Right 5 for the victim is:
“ To be provided with information about compensation”.
That includes an entitlement for victims to be told about how to seek compensation, and is covered by the existing code principle in the Bill that victims should be provided with information to help them to understand the criminal justice process.
Compensation can come from several sources: court-ordered compensation; the taxpayer-funded criminal injuries compensation scheme; and civil compensation claims. The code provides for victims to be made aware of routes through which they might obtain compensation for the harm or loss that they have suffered, but the code is not in itself a mechanism for providing compensation and the eligibility of individuals for compensation is determined by the courts or other bodies, such as the Criminal Injuries Compensation Authority, that operate independently of Government. For that reason, it is our view that the existing entitlement to information about compensation is the right one for the code.
I turn to amendment 39, which seeks to provide that victims of child sexual abuse are entitled to and can access compensation under the statutory criminal injuries compensation scheme by including it as a requirement in the victims code and changing the scope, time limits and unspent convictions eligibility rules of the scheme.
As I have already alluded to, I am aware of the hon. Lady’s long-standing interest and work in ensuring support for victims of child sexual abuse and exploitation. I recall that she raised concerns about time limits and other aspects of the scheme in a debate, which I think I answered, on the Government’s victims strategy in 2018. I welcome her contributions to the review of the scheme that we announced in that strategy. However, our view is that the victims code is not a mechanism through which changes to the scheme can be made. Changes such as those that the amendment seeks to bring about need to be made in accordance with the primary legislation under which the scheme is made and to follow the appropriate procedures for any changes. The Criminal Injuries Compensation Act 1995 requires that before a new or amended scheme can be made, a draft must be laid in Parliament and approved by a resolution of each House.
We are actively considering the issues that the hon. Lady raises in relation to the scheme itself, which of course reflect recommendations made by the independent inquiry into child sexual abuse. We have committed to consult on whether to change the scope and time limits of the scheme, and we hope to do so in the coming months. I caveat that by saying that, of course, the scheme must be financially sustainable; that will be one of the elements that we will need to consider.
As the hon. Lady will know, this will be the third consultation of our review, as we have already consulted on reforms to the scheme as a whole in 2020, which was the process that she worked with me to kick off when I was last in the Ministry of Justice, and then again in 2022 on whether to amend the unspent convictions eligibility rule, following—I believe—a court judgment requiring that review.
My intention is to publish a single response to all three consultations as soon as they are all completed and as soon as is practically possible. I am seeking, as the hon. Lady will see, to get through some of the unfinished business that I had in the Department when I left it and went to the Department of Health and Social Care. We have brought this proposal forward. There are a number of other issues that still remain in my in-tray that I recall from when I worked with her pre-pandemic.
For those reasons, I encourage the hon. Member for Rotherham not to press this amendment to a vote, having put on the record her clear views.
I turn to amendment 55, which was tabled by the hon. Member for Birmingham, Yardley, and seeks to provide that children born of rape are entitled to and can access compensation under the statutory criminal injuries compensation scheme by including it as a requirement in the victims code. As the hon. Lady has already alluded to, the Bill explicitly recognises, for the first time in legislation, people born of rape as victims in their own right. This will help them to access vital support services. I pay tribute to the hon. Lady and to other campaigners who have relentlessly pursued this cause and successfully campaigned for this change.
In relation to criminal injuries compensation, as the hon. Member for Birmingham, Yardley may know, the statutory scheme has eligibility criteria that are approved by Parliament. The core purpose of the scheme is to provide compensation to victims who suffer a serious physical or mental injury attributable to their being a direct victim of a crime of violence. The scheme defines a crime of violence and specifies when a person will be eligible for a compensation payment for injury directly resulting from that crime. Under the current scheme, the birth mother of a child born of rape would be entitled to apply for compensation as the direct victim of a sexual assault and a crime of sexual violence. An additional payment can be made where a pregnancy directly results from the sexual assault.
The scheme also provides for compensation to be available to a person who sustains injury while taking an exceptional and justified risk in the course of limiting or preventing a crime, or if they have been present at or witnessed an incident or its immediate aftermath in which a loved one sustains a criminal injury. Provisions in the Bill do not affect eligibility for the scheme and, as I have already said, the victims code is not a mechanism through which changes can be made. A change such as that which the amendment proposes would need to be made in accordance with the primary legislation under which the scheme is made.
I hope that I can give the hon. Member for Birmingham, Yardley a little bit of reassurance, as I did for the hon. Member for Rotherham. We are in the process of finalising the third and final part of the consultation. When we have done that, we will come forward to Parliament with our response, and of course that will have to be laid before Parliament as a new scheme. I hope that might give both hon. Members the opportunity to raise these issues in the correct way, when the scheme is being considered by the House.
Sarah Champion
I welcome all that the Minister is doing. If I can help or support him in any way, obviously I will. The victims code is a fantastic tool, but it is only useful if victims know about it. Unfortunately, therein lies the nub of most of our arguments. However, I have heard what he said, so I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.