Victims and Prisoners Bill (Seventh sitting)

Janet Daby Excerpts

Committee stage
Thursday 29th June 2023 Public Bill Committees

That is important, because a driver’s licence or passport is required for a DBS check. That electronic marker can prevent something we know is happening, which is that registered sex offenders change their name, get a new driving licence and a new passport in their new name, and then get a clean DBS check. And then what happens? They go and work with vulnerable people at an organisation that thinks it is doing everything right because it has seen a clean DBS check. Making that electronic marker a requirement on every registered sex offender’s file would be a sensible first step.

[Janet Daby (Lewisham East) (Lab)]

I really thank my hon. Friend for raising the issue, because she is highlighting things that I think many hon. Members are unaware of, as indeed are many organisations that work with vulnerable people and children. What she says is so serious that the Minister cannot fail to agree to take it on board.

[Sarah Champion]

I am a Back-Bench MP, yet I know just from my own digging that this is about tens of thousands of people. My hon. Friend is absolutely right: organisations that work with children and vulnerable people think that they are doing the right safeguarding things by getting a DBS check.

[Janet Daby]

They are being deceived.

[Sarah Champion]

They are being deceived, and we are all being deceived. The confidence that a DBS check should give us is not there: it does not exist while this loophole exists.

--- Later in debate ---

[Sarah Champion]

The hon. Lady makes a really good point. A number of people have come to me and said that the social security number is the way to go, because that number follows us through our life. It seems a really sensible way forward. I do not have the resources to look into it and check, but the Minister might be able to do some research. I genuinely do not know whether the Government’s internal reviews have flagged this as a logical way forward. It seems sensible to me, but they have not shared that information with us at all. That is what I am saying: we might already have those trackers on us if necessary, but the Home Office has not told us what it has done with the internal reviews. At the moment I am going on the knowledge that I have, and the gaps in that knowledge.

One thing I do know is that police guidance gives the police the right to put markers on file for passport and driving licence applications. However, it also states:

“To avoid unnecessary or high volumes of requests to these agencies, enquiries should be limited”.

I say to the Minister that the case of a registered sex offender is an example where the police should be given free rein to put those markers on and to follow up any cases in which files are flagged. I get it that there is a cost when a police officer looks into flagged cases, but where a registered sex offender applies for a passport or driving licence in a new name, enabling them to get a clean DBS check, the risk is so great that I think it deserves an hour or so of a police officer’s time and the associated costs.

[Janet Daby]

I am sitting here, listening intently to every word my hon. Friend is saying, and getting more annoyed. I would perceive not dealing with this as negligence.

[Sarah Champion]

I believe that is the right word. Surely a Government’s duty is to safeguard citizens; to know the scale of this problem and that there is a solution but not to act is to be negligent. I withhold that allegation from the Minister, because I know he is a good man who wants to do the right thing.

I was first contacted about this three years ago by a journalist. It is not that I thought they were having a laugh; I thought they were wrong—that this could not possibly be true. Then I looked into it. As my hon. Friend knows, I get obsessed about certain things, and I am obsessed about this because it worries me. While this loophole remains, every system we have in place to safeguard the vulnerable is undermined. I believe that this form of electronic marking must be mandatory for all registered sex offenders. That would help criminal justice bodies to keep track of offenders who were trying to change their name secretly, rather than having to rely on offenders doing the right thing and notifying them.

The hon. Member for Bolsover argued that registered sex offenders should be banned from changing their name. I have sympathy with that view and want the Minister to reflect long and hard on it. Sentencing allows other rights to be withdrawn, so that may well be something that the Minister should be looking into.

And that, Minister, is that. I hope that I have made a convincing argument. I know that the Minister is aware of this issue, and I hope he is able to find some way to work with me and others to close this loophole. It cannot go on any longer.

--- Later in debate ---

[Anna McMorrin]

I support and endorse much of what my hon. Friend has stated on access to mental health services. I speak to many victims and survivors each week who are so traumatised by the current process, given the state that the justice system is in and the delays that they are facing—week upon week, month upon month, year upon year, waiting for their day in court, but with no access to support, going through the trauma day after day after day. I add my support to the essence of the points made by my hon. Friend.

[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.