Victims and Courts Bill Debate

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Department: Ministry of Justice

Victims and Courts Bill

Emily Darlington Excerpts
2nd reading
Tuesday 20th May 2025

(5 months, 1 week ago)

Commons Chamber
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Katie Lam Portrait Katie Lam
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I thank the hon. Member for her intervention. There are several points that I would like to make in response. First, five local inquiries is nothing like enough. These events took place in 50 towns and all the victims deserve justice. Secondly, there are trends across the country and only a national inquiry can get to the bottom of those. Thirdly, she mentions the Jay inquiry. Inquiries are very often specific. The Hillsborough inquiry did not investigate every football match. The infected blood inquiry did not look at the whole of the NHS. The Manchester Arena inquiry did not address every terrorist attack. There has been an inquiry into child sex abuse, but that is not a specific inquiry into the specific phenomenon of groups of mostly Asian Muslim men grooming and sexually torturing mainly white children, facilitated and covered up by those in the British state whose job it was to look after them. That is a specific phenomenon, a particular stain on our country, and it deserves a dedicated inquiry.

Katie Lam Portrait Katie Lam
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I am coming to the end of my speech.

I am sure that the Lord Chancellor and the Minister want fairness for victims, so will they please amend the Bill, first, to offer the independent national inquiry into grooming and rape gangs that the country and victims need; secondly, to ensure that all such transcripts, appropriately redacted, be made available to the public; and, thirdly, to allow victims greater ability to appeal against the shockingly short sentences that we see all too often?

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Emily Darlington Portrait Emily Darlington (Milton Keynes Central) (Lab)
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Given the time limit, I first want to say a huge thank you to the Victims Minister, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), and to the Solicitor General, who are ably supported by our amazing female team at the Home Office.

I will not go through everything that is fantastic about the Bill, which is a once-in-a-generation opportunity to improve things for victims. I just want to suggest three ways in which it could be an even better Bill, as my hon. Friend the Minister is always open to suggestions. The first is the unfair use of so-called bad character evidence, which allows the cross-examination of rape victim-survivors about their previous sexual assaults. This has nothing to do with the court case in front of them; it is about victim blaming, intimidating the victim and making the victim afraid to go to court. It would improve the Bill if we did not allow so-called bad character evidence to be used in these proceedings.

Secondly, we need to recognise, as is in law, that victims of domestic abuse are often victims of coercive control. That can include things like taking out loans in their name, but in extreme cases it can be about coercing them to break the law. We need a way for courts to recognise when a victim of domestic abuse has been coerced into committing a crime as part of that domestic abuse, so that the crime is treated as such and seen as part of the ongoing abuse.

Thirdly, I have been campaigning on the issue of person at risk of violence orders. When somebody leaves a domestic abuse situation, they often leave with a lot of debt. In order to keep their address hidden from the perpetrator, they must obtain a person at risk of violence order, involving not only another retraumatising court process but an additional £308 that they must find every time they move. Despite the fact that there may be an active court case or the perpetrator may have been arrested, victims have to independently prove that they are a person at risk of violence.

This Bill is all about ensuring that victims can get justice. Part of getting justice is being able to leave abusive situations and being protected while they do that. My three suggestions would help to strengthen the Bill and increase the confidence of victim-survivors in justice.

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Jess Asato Portrait Jess Asato (Lowestoft) (Lab)
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I also pay tribute to my hon. Friend the Member for Knowsley (Anneliese Midgley), and to Cheryl and her family for their fight for justice.

Having worked with both adult and child victims of traumatic abuse, I was glad to stand last year on a manifesto that committed to reforming the system to put the needs of victims first, and to ensure they get the support they need and deserve. This Bill is part of that mission. I am pleased that it strengthens victims’ rights, forces offenders to attend sentencing hearings, and empowers the Victims’ Commissioner to do more to stand up for victims and hold public bodies to account where there are failings. Nevertheless, there are three areas in which I believe we should go further and faster.

First, we know that victims of domestic abuse and sexual violence are faced with a postcode lottery when it comes to accessing specialist support. They are left at the mercy of the various budgetary decisions made by each area’s police and crime commissioner, local authority and health bodies.

Emily Darlington Portrait Emily Darlington
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What does my hon. Friend say to a police and crime commissioner, such as the one for Thames valley, who does not fund sexual abuse support services in Milton Keynes?

Victims and Courts Bill Debate

Full Debate: Read Full Debate
Department: Ministry of Justice

Victims and Courts Bill

Emily Darlington Excerpts
We must also recognise those who pick up the pieces after the unimaginable happens to their loved ones, such as someone discovering that their partner has abused their child, or grandparents stepping in to care for children after perpetrators of domestic abuse drive their partner to destitution. One in 20 adults are closely related to a victim of serious assault. According to analysis from researchers at the Violence and Society Centre, people related to victims of violence are four times more likely to feel unsafe in their neighbourhood and twice as likely to have depression or an anxiety disorder than people not related to victims of violence. They themselves face unique challenges, including stress, guilt, trauma and depression. These are all things that parents and carers must balance while dealing with the practical, everyday challenges they face while navigating the legal system, co-ordinating with agencies, understanding safeguarding procedures and trying to access therapy for those they care for.
Emily Darlington Portrait Emily Darlington (Milton Keynes Central) (Lab)
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I thank my hon. Friend the Member for Lowestoft (Jess Asato) for her fantastic speech. I recently met some kinship carers who with very little support often take on family members who have suffered terrible trauma and abuse. They do not understand the child’s trauma and they do not understand how best to support them. Does my hon. Friend agree that, in order to get the best results for child victims, we need to think about how we extend support to kinship carers, so that they can support those children who have been through the worst of times?

Jess Asato Portrait Jess Asato
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I absolutely agree that kinship carers, parents and partners are different from those of the primary victim, and they need support in their own right. When we fail those third-party victims, we fail the primary victim, too. We allow them to disengage from the legal process, and we deprive them of the wraparound support they need when they are at their most vulnerable.

New clause 11 is supported by the organisations Restitute, We Stand, Acts Fast and Ivison Trust, and a version of it was first laid by Baroness Sal Brinton in the other place in a Bill last year. It would place a statutory duty on commissioners to ensure that appropriate independent services are available for the parent, guardian or person responsible for the care of a victim who is under 18 at the time of the offence, or who is an adult at risk of harm. Once again, that should already be happening—it is supposedly a right in the victims code. The independent inquiry into child sexual abuse recommended that support for non-abusing parents and carers should be statutory. New clause 11 would bring that crucial recommendation to fruition. Families should not have to wait years; they want action now. As with victim services, severe funding shortages fail to make the ambition set out in the code a reality.

Together, new clauses 10 and 11 would ensure that if any one of us here, or someone we cared for, were abused or exploited, we or they would be supported. It is an ambition long supported that must now be met with action. I look forward to working with the Minister and colleagues across the House on saving our specialist services and saving victims and their families, and I will be pleased to vote for the Bill tonight.