Victims and Prisoners Bill

Debate between Elliot Colburn and Edward Argar

Report stage
Monday 4th December 2023 Commons Chamber

[Edward Argar]

The point that the hon. Lady raises does not directly relate to antisocial behaviour, because often what she is talking about is criminal in many ways. As I set out in Committee, we believe that where ASB is criminal, it would already be captured under this legislation. I suspect that she may develop that point in her remarks later.

Another area that has been raised, which my right hon. Friend the Member for Basingstoke (Dame Maria Miller) will speak to, is non-disclosure agreements and how they may prevent victims from being able to seek the support they need. I particularly thank her for her constructive engagement on this important topic. I also thank the hon. Member for Oxford West and Abingdon (Layla Moran), although she is not her place. I recognise that non-disclosure agreements are misused if they prevent someone from speaking about what they have experienced, whether it is criminality or equivalent. While this Government recognise that NDAs, also known as confidentiality clauses, can and do serve a valid purpose to protect commercially sensitive information and deliver finality, they should never be used to stop victims of crime getting the support they need. I also note changes in this respect in higher education, if memory serves. I reassure the hon. Lady and my right hon. Friend that we continue to work closely with the Department for Business and Trade, which holds overall policy responsibility for NDAs, to carefully consider how best to address the issues they have raised, including, where appropriate, through legislative options as this legislation progresses.

I will touch on some of the concerns raised by Members that do not require legislation, which we will address by bringing forward non-legislative measures. On code compliance, we will set out a non-legislative notification process that shows clear consequences for non-compliance in guidance. We will publish more detail on that shortly. We will also make updates to the victims code, including adding further information on how victims can access pre-trial therapy and get more timely information about, for example, restorative justice and how victims of crime overseas can access support.

[Elliot Colburn (Carshalton and Wallington) (Con)]

As chair of the all-party parliamentary group on restorative justice, I am grateful to the Minister for giving way. I appreciate that he has said that he does not want to use this Bill as a vehicle to take through legislative changes to access to RJ services, but could he set out in a bit more detail the non-legislative measures that he is planning to bring in to help improve access to restorative justice services for victims?

[Edward Argar]

I am grateful to my hon. Friend for his engagement on this issue. Thanks to his intervention and those of campaigners, and his tireless work to ensure that victims are given the right opportunities to participate in restorative justice, I am pleased today, at the Dispatch Box, to commit to the following changes. I will ensure that our new commissioning guidance for police and crime commissioners due to be published next year will include specific information on restorative justice services so that those responsible for funding services understand these services when considering how best to address local need. I will also consult on a new entitlement in the victims code for victims to be given information about restorative justice services at the point of sentence, rather than the point of reporting, which I appreciate may not be the right time for consideration by either the victims or offenders. I hope that those additional measures will improve awareness and provision of restorative justice, which I recognise can be extremely valuable for victims and offenders in appropriate cases. I am grateful to my hon. Friend for his work in driving forward this change.

Victims and Prisoners Bill (Sixth sitting)

Debate between Elliot Colburn and Edward Argar

Committee stage
Tuesday 27th June 2023 Public Bill Committees

[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.

Oral Answers to Questions

Debate between Elliot Colburn and Edward Argar

Tuesday 10th March 2020 Commons Chamber

[Elliot Colburn (Carshalton and Wallington) (Con)]

22. What steps he is taking to build new hospitals.

[The Minister for Health (Edward Argar)]

We have announced £2.7 billion of funding for six new hospital schemes under HIP1—the first tranche of the health infrastructure plan; and £100 million of seed funding for a further 21 schemes covering 34 hospitals under HIP2, ready to go to the next stage. That is 40 new hospitals in total.

[Edward Argar]

I agree entirely. I am looking forward to visiting it with my right hon. Friend the Member for Harlow (Robert Halfon) soon.

[Elliot Colburn]

It is thanks to this Government that we have £500 million of investment in the Epsom and St Helier University Hospitals NHS Trust, not only to improve existing hospitals but to build a third new one as well. Does the Minister agree that this is excellent news for local patients and will he encourage my constituents and those in surrounding areas to get involved in the consultation on where the new hospital is to go?

[Edward Argar]

My hon. Friend is absolutely right. It is indeed excellent news. As he will be aware, the public consultation process is under way. It would be wrong for me to prejudge that, but I encourage everyone to participate.