Victims and Prisoners Bill (Fourteenth sitting)

Janet Daby Excerpts

Committee stage
Tuesday 11th July 2023 Public Bill Committees

Lucia’s caseworker remains incredibly concerned about her. Women such as Lucia should not have to live in fear of their abusers or of immigration enforcement. If the police had treated her with dignity and compassion, she might have had a greater chance of escaping abuse and achieving justice. A firewall is desperately needed to ensure the safeguarding of migrant women, giving them the same status in law as any other victim. It is crucial for building police trust in communities, protecting victims and witnesses, and preventing perpetrators from committing violence and abuse.

[Janet Daby (Lewisham East) (Lab)]

It is very disturbing to hear the example that my hon. Friend has brought before us. Does she agree that what that lady has experienced is double jeopardy—with a sense of being totally undermined by the police, not being believed and being accused? The revictimisation in that situation sounds absolutely appalling.

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Brought up, and read the First time.

[Janet Daby]

I beg to move, That the clause be read a Second time.

In discussing new clause 25, I will focus on the Government’s own equality statement on the Bill. Hon. Members will recognise the problem of disproportionalities in criminal justice. Too often, minority groups face unfairness in how they are treated in the justice system. More action is required to identify those inequalities, and where they are identified, they must be tackled.

The new clause requires the Government to lay before Parliament an annual report covering how the Secretary of State has exercised his powers regarding release decisions for top-tier offenders. The report would include how a case is referred, the decision from that referral, and information about the appeal mechanism after referral. All the information will be broken down by protected characteristics.

I wish to make three brief points. First, black and Asian prisoners and those aged 18 to 20 fall into the top-tier category at a higher rate than other parole-eligible prisoners; they are over-represented. That is why the new clause is required: to record such concerns. For some protected characteristics, such as marital status or pregnancy, it would be difficult to identify the impact of clauses 35 to 39, and the equality statement recognises that. However, the new clause requires reporting on all protected characteristics to catch disproportionalities that are not currently identified, but may arise in future. It is also a tool to address wider concerns of disproportionality. Between Committee and Report stages, I hope the Minister will include that point in his consideration of whether to revise the clauses.

Secondly, following recommendations made in the Lammy review, the Ministry of Justice committed to publishing

“more and better data on ethnicity where possible”.

Let us please follow that principle. If a new power is given, information on how the power will affect ethnic minority groups should be published. In response to the Secretary of State’s new referral powers, therefore, I hope he will publish that kind of data. Unfortunately, new powers are often introduced before Ministers are required to publish regular information on the impact of the powers. I hope the Minister will not make this another such example. It is in the Minister’s interest to produce an annual report and to allow parliamentarians to scrutinise the issue, so that he and his colleagues in the Ministry of Justice have more information and can be proactive in tackling inequalities.

That brings me to my third and final point, on victims and public protection. The equality statement highlights the Government’s belief that confidence in the system must be balanced against the case for rehabilitation—I refer Members to page 30 of the equality statement. Unfortunately, I am not yet convinced by that analysis. Building confidence in the parole process is inherently linked to the rehabilitation of offenders. If it is not—as the Government’s equality statement seems to indicate—it will fail to reassure victims and it will undermine the Government’s aim of prioritising public protection.

The impact assessment for the Bill shows that, in recent years, about a third of those who would be classified as top-tier offenders have been released. Even after the Bill gains Royal Assent, top-tier offenders are expected to be released at a similar rate. That is why rehabilitation is essential for victims and for public protection. We must make best use of: rehabilitation opportunities; key work; the use of open conditions where appropriate; and release on licence to facilitate reintegration back into the community. I accept that that will not always be possible, but I expect that the Minister in his reply will agree that a range of options should be available when making a release decision. Perhaps he could reflect on how creating a top tier of offences might better interact with rehabilitation opportunities. That will reassure victims and protect the wider public.

I hope that the new clause encourages the Minister to acknowledge the issues highlighted in the equality assessment, and to consider how we can resolve them as the Bill passes through Parliament.

[Ellie Reeves]

I thank my hon. Friend the Member for Lewisham East for moving new clause 25. As I outlined earlier, there is concern across the political spectrum about the impact of clauses 35 and 36. I also share my hon. Friend’s concerns about racial disproportionality in our criminal justice system. The equality impact assessment for the Bill finds that the provision it makes for the creation of a top tier of prisoners will disproportionately impact black and Asian prisoners and young adults. As the Prison Reform Trust’s evidence points out, the Government have made

“no provision to mitigate or prevent that discriminatory impact.”

It therefore seems sensible that the Secretary of State should report annually on the use of the powers on release decisions. I am interested to hear what the Minister has to say.

[Edward Argar]

I am grateful to the hon. Member for Lewisham East for her new clause 25, which would place a statutory duty on the Secretary of State to publish certain information about the cases on which they or another Minister have adjudicated. I fully appreciate the intent behind the new clause. The exercise of the power of the Secretary of State must be transparent, and every decision must be made objectively and fairly. It is vital that we guard against any discrimination or bias in the system. However, we do not necessarily agree that those aims are best achieved by putting the requirement in primary legislation. For the new approach to parole, we would prefer greater flexibility in how and when information is published.

For the avoidance of doubt, I reassure right hon. and hon. Members that the Ministry of Justice welcomes proper external scrutiny of our work. We routinely publish large amounts of data to assist Parliament and the public in their understanding of how the criminal justice system is performing. Of course, it is open to Parliament, following the implementation of the Bill’s provisions, to provide post-legislative scrutiny in questions or in other forums; I might touch on that point in a minute. We are currently working through the implementation issues for the parole reforms in the Bill. We need to take time to consider the full range of data and other information that will be required to enable us to evaluate the new process and ensure that it runs smoothly. We also need to consider what would be most helpful to Parliament.

I reassure the hon. Member for Lewisham East that we will closely consider the items in her new clause as we develop our performance measures. Her points were typically sensible. I confess that I will look at this particularly carefully out of a degree of self-interest, because as a member of the Justice Committee she has a regular opportunity to summon me before her to answer difficult questions. I hope I have reassured her that I will look carefully at what she is suggesting.

[Janet Daby]

I reassure the Minister that I will be following through on this point: I am sure he will experience me asking him further questions and pressing him on it. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 26

Access to services for victims with no recourse to public funds

“(1) Notwithstanding the provisions of any other enactment, a victim of domestic abuse who—

(a) has leave to enter or remain in the United Kingdom which is subject to a condition that they do not have recourse to public funds,

(b) requires leave to enter or remain in the United Kingdom but does not have it,

(c) has leave to enter or remain in the United Kingdom given as a result of a maintenance undertaking,

is entitled to be provided with services in accordance with the victims’ code.

(2) The Secretary of State may by regulations make provision that is consequential on this section.

(3) For the purposes of this section—

‘domestic abuse’ has the same meaning as in section 1 of the Domestic Abuse Act 2020;

‘victim’ has the meaning given by section 1 of this Act.” —(Sarah Champion.)

This new clause would ensure victims of domestic abuse who do not have recourse to public funds are still entitled to be provided with services in accordance with the victims’ code.

Brought up, and read the First time.

[Sarah Champion]

I beg to move, That the clause be read a Second time.

In effect, I am trying to help the Minister to reach out to all victims, because some are currently unable to access his excellent new code. Evidence suggests that migrant victims are more vulnerable to experiencing serious crime and, at the same time, less likely to receive redress. Migrant victims encounter multiple barriers to protection and safety. The immigration system and the hostile environment policy create structural obstacles to justice. Migrant victims of domestic abuse often face a stark choice: staying in a violent relationship, or deportation and destitution if they leave. Because of their own or their parents’ insecure immigration status and the no recourse to public funds condition, children may also be trapped in those situations.

Improved legal rights are therefore crucial to enabling migrant victims to access lifesaving services and support to escape abuse and rebuild their lives. Southall Black Sisters have been leading a 30-year campaign, to which I pay tribute, to ensure that migrant victims and their children are able to access safety and support. The campaign is calling for the no recourse to public funds condition to be lifted and for victims of domestic abuse to have the right to stay in the UK. That is critical, so that they can obtain welfare benefits and housing from the local authority to escape abuse on the same basis as those with secure immigration status.

I acknowledge that the new clause does not go that far, but it would ensure that, at the very least, migrant victims can access support services under the Minister’s victims code. The current situation is untenable. Many cannot even enter a women’s refuge if they cannot pay their rent or living costs. Many cannot seek help without the fear of being removed from the UK. Many women risk being sent to countries where women face particular ostracism, harassment and honour-based abuse due to the stigma of being separated, divorced or unmarried.

Over the years, Southall Black Sisters have achieved some major reform to immigration policy and rules for those on spousal or partner visas. The introduction of the domestic violence indefinite leave to remain scheme in 2002 and of the destitution domestic violence concession in 2021 has benefited over 1,000 victims every year. However, the provisions do not cover those on other types of visa or those without documents who may be subjected to domestic abuse by partners or family members: they remain unprotected and vulnerable to domestic abuse within the home or to economic and sexual exploitation outside it, as they become destitute and homeless as a consequence. Undocumented victims are particularly vulnerable to the weaponisation of their status by the perpetrator; they can become overstayers through no fault of their own, because they have few rights in this country.

In April 2021, the Home Office introduced the support for migrant victims pilot scheme to provide support for victims of domestic abuse who have no recourse to public funds. The scheme, which is being delivered in a UK-wide partnership led by Southall Black Sisters, has now been extended for another two years to March 2025, pending a longer-term solution. The extension clearly indicates that the Home Office recognises the vital importance of providing financial support to migrant women with no recourse to public funds. The pilot assisted about 400 victims in the first year and 560 in the second.

The first year of the pilot scheme has been externally evaluated by the Home Office, but the results have not yet been published. However, Southall Black Sisters commissioned the child and woman abuse studies unit at London Metropolitan University to evaluate the pilot for the same period. The unit’s report “Living at the Edge” shows that although providing assistance under the scheme is essential, victims need more money for longer, as the current rates are below those for universal credit, despite a recent rise to deal with the cost of living crisis.

Many victims are still unable to access a refuge in areas where there are high rents. Instead, they are housed with their children in unsuitable accommodation such as bed and breakfasts or hotels. Also, some refuges are reluctant to accept referrals if funding is available for only a short period, particularly in complex spousal/partner visa cases, non-spousal/partner visa cases and undocumented cases.

The evaluation recommends an extension of the destitution domestic violence concession and the domestic violence indefinite leave to remain scheme to protect all migrant victims of domestic abuse. The Domestic Abuse Commissioner also recommends the simple extension of those two schemes, which should be available for six months for all migrant victims, pending longer-term solutions. The commissioner’s report estimates that the social gains of supporting migrant victims in that way would be about £2 billion over 10 years, with about 7,700 victims likely to need refuge or other accommodation. That small amount would not place a significant burden on the public purse. More importantly, it would provide crucial safety and support to vulnerable victims and their children.

Based on all the evidence, an extension to the current provision for those on a spousal or partner visa to all victims, irrespective of their immigration status, would be the most simple and effective way of improving access to vital lifesaving services and support for migrant victims. The new clause would help to end the discrimination and the two-tier system that currently exists between migrant and non-migrant victims. I also ask the Minister to commit to ensuring that all migrant victims can access support services under the victims code and that tailored services for migrant victims are funded and resourced.

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[Sarah Champion]

I hear what the Minister is saying. I will say again that Southall Black Sisters have been pushing for this for 30 years, so it has been an issue across multiple Governments. The Minister also has to recognise that in the current climate, my hopes that the right thing will be done towards migrant women are about as low as they have ever been in these past 30 years.

There is an awful lot of support for these measures. We will not give up, but at this point, as I am a realist, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 27

Victim Contact Scheme: annual report

“(1) The Secretary of State must prepare an annual report on the operation of the Victim Contact Scheme and an assessment of its effectiveness.

(2) A report under subsection (1) must set out—

(a) an assessment of how many victims eligible for the VCS—

(i) became engaged with the scheme in the last year;

(ii) are engaged with the scheme overall;

(iii) made a victim statement of any kind;

(iv) challenged a Parole Board decision;

(v) applied for a licence condition;

(vi) chose not to join the scheme;

(vii) chose to join the scheme at a later date than initially invited to join;

(viii) chose to leave the scheme;

(ix) reported not being invited to join the scheme; and

(x) reported that their contact stopped during the scheme;

(b) how many staff were working in the VCS in the last financial year; and

(c) the ratio between staff and those engaged with the scheme overall.

(3) The first such report must be laid before Parliament before the end of 2024.

(4) A further such report must be laid before Parliament in each subsequent calendar year.”—(Janet Daby.)

Brought up, and read the First time.

[Janet Daby]

I beg to move, That the clause be read a Second time.

New clause 27 arose from a conversation with the Parole Board about how information can be accessed regarding the parole process. I was concerned to hear that, on an alarming number of occasions, there are reports of those eligible for the victim contact scheme getting lost in the system, not receiving the contact that they have opted into and to which they are entitled, and subsequently being left unable to exercise their rights under the victims code. That should not be the experience of victims, and this probing measure seeks to address those concerns and to ensure that the victim contact scheme operates as fully and effectively as possible.

The victim contact scheme gives the victims or bereaved families of serious violent or sexual offences, where an offender receives a custodial sentence of 12 months or more, the right to be kept updated at key points during the offender’s sentence and parole process. Victims are assigned a victim liaison officer and can determine themselves the extent of information that they wish to receive and how they receive it. That can facilitate victims providing a statement during the parole process, or request a licence condition be applied where a prisoner is released. It is a valuable tool in providing reassurance to victims and ensuring that they can exercise their rights. It is vital that it operates as it is intended to, so that victims and bereaved families do not fall through the cracks.

New clause 27 would require an assessment be made of how many victims report not being invited to join the VCS as they should be, and how many report their contact from the VCS stopping when it should not have done so. It would also require that an assessment be made of how many victims are choosing to opt into the VCS or not, and how many of those who do opt in then go on to make a victim statement or apply for a licence condition.

Essentially, the new clause assesses how victims of the most serious crimes are choosing to access information that they are entitled to and to exercise their rights under the victims code. It is the Secretary of State’s responsibility to ensure that victims can access the information to which they are entitled and that they can exercise their rights. The VCS clearly plays an important role in doing that. That is why it is crucial that it operates effectively and does not see victims falling out of the system. I hope the Minister and other Members share that goal. Through this probing amendment, I hope that the Minister will hear the concerns that are being raised and will consider how remedies to those concerns can be included in the Bill.

[Anna McMorrin]

I thank my hon. Friend for tabling this new clause. The criminal justice system places such a high burden on victims, in terms of the processes that they are expected to understand and take part in, that we need to do more to ensure that victims properly understand the sentences that are imposed and that the parole process is about the assessment of future risk and not punishment.

As the victim contact scheme is an opt-in scheme, it is likely that many victims do not even know of its existence. There are also countless victims with specific communication and access needs who may find it difficult to access the victim contact scheme. We are not furnished with information about how easy or difficult victims find it to engage with the processes; it is very difficult even to find that information. We do not know whether those victims who do engage find their experience beneficial or not. I agree with my hon. Friend that the only way to improve the victim contact scheme is to fully understand its performance—strengths and failures—so that we can know what improvements to it are needed.

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[Janet Daby]

I thank the Minister for allowing himself to be probed and for being considerate about how best to improve the VCS. I gather that he may be very busy over the summer recess, but I will not move the new clause to a vote. I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

Question proposed, That the Chair do report the Bill, as amended, to the House.

[Anna McMorrin]

As we have reached the end of the Bill Committee, I would like to take this opportunity to thank everybody who has worked so hard on the Bill over the past few weeks and enabled the Committee to have fruitful and mainly co-operative debates about such crucial issues.

My biggest thanks go to the victims and survivors I have worked with over the past two years in the lead-up to the Bill. Their strength and bravery in sharing their truth is the reason that we can advocate and fight for the changes we want to see. They are the real human cost and impact behind the Bill, and they must never be forgotten or sidelined.

I also thank the various stakeholders I have worked with. There are far too many to mention, and I have thanked them as we have gone through the Bill. I particularly want to mention Dame Vera Baird, Claire Waxman, Nicole Jacobs, Ken Sutton and Dr Ruth Lamont, who have worked closely with me on the Bill.

I thank Committee members for their patience, interest and engagement, and the Whips, who have steadfastly done their job throughout the Bill Committee. I thank my Labour colleagues, whose commitment has enabled a wide-ranging, informed and well-researched debate. I particularly thank my Front-Bench colleagues, my hon. Friends the Members for Lewisham West and Penge and for Birmingham, Yardley, for their support.

I also thank the Minister for his tone and his willingness to work together to improve the Bill as it goes to the next stages—no pressure there. I hope we will work together to vastly improve it.

I would like to say a huge thank you to everyone who has kept the Bill moving. I especially thank my parliamentary researcher, Honor Miller, who is watching, for her dedication and commitment day and night. She and I have dedicated our lives to this Bill over the past weeks and months.

I also thank the Clerks, who are amazing, for putting up with all of us and our sometimes ridiculous questions. I thank the Government officials, Hansard and the Doorkeepers, who are amazing. Last but not least, I am grateful to the Chairs—to you, Mrs Murray, and to Ms Elliott, Sir Edward and Mr Hosie—for their patience and commitment.