Policing and Crime Bill

Jess Phillips Excerpts

Ping Pong: House of Commons
Tuesday 10th January 2017 Commons Chamber

[Jess Phillips (Birmingham, Yardley) (Lab)]

I had not intended to come along today, but it is a real pleasure to follow the hon. Member for Cheltenham (Alex Chalk), who rightly spoke about the real progress that is being made with the Stalking (Sentencing) Bill. There is no need to have a sort of ping-pong about who has done more about domestic violence, sexual violence and stalking because, frankly, we should all be trying to do everything we can, and I do not care who does it as long as it gets done.

The legislation and the amendments before us —particularly on stalking—represent real legislative progress, but that will mean absolutely nothing if, in practice, the legislation is not realised. As somebody who has worked on the frontline, I am afraid to say that so often we make brilliant rules in this place—beautiful, fancy written rules, still on all the fancy goatskins—and it means absolutely naff all to victims because of issues to do with resources and how things are properly realised by the different agencies. That is why I wanted to talk about the victims code and the amendments to the victims’ Bill that was introduced by my hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer). I urge the Government to consider the amendments and to consider making a more robust framework for the victims code, which is a brilliant piece of regulation. I have no doubt that every single person in here is totally committed to making things better for victims. I do not sign up to the idea that you are baddies and we are goodies. We all come to this place because we want to make something better.

I was the victims’ champion for Birmingham and did a huge piece of work on the victims code and victims’ legislation alongside the Government’s Victims’ Commissioner, and I have to say that if Members can find me a victim who knows what the victims’ code is, I will give them some cash now. People do not realise that they have this many days to ask for something, and they do not realise that they can have a victim statement. Only 30% of people remembered even being asked for one. I ask hon. Members to think back to the day that the murderer of our friend and colleague Jo Cox was sentenced. The thing that we do not remember from that day is that man. The thing we remember is Brendan Cox standing and making the victim statement outside the court that he had made inside the court because he knew that he had the rights to do it. That is rare but it was so powerful in that case.

It is imperative that we look at the amendments that relate to the victims’ law and see how we can strengthen them, because I am telling you now—not you, Mr Speaker, of course, but everyone—that at the moment the victims code is a hope as far as victims of crime are concerned, and the Opposition amendments would definitely make it stronger, especially for victims of stalking and sexual violence. I ask the Government to think again.

I want to make a quick point about the amendments regarding the equality of arms in cases where the state is an actor. I speak for the victims of the Birmingham pub bombings, who are not just my constituents but my friends. We have a matter of weeks to answer their plight. Currently, the Chief Coroner agrees with them that they have not been provided with an equality of arms, so an adjournment has taken place before their inquest can be reopened. We have until February to right that wrong. At the moment, I see nothing that tells me that that will change. I ask Government Members to look at the amendments and think about how they would feel if it concerned the families in their constituency.

[Brandon Lewis]

With regard to the Birmingham situation, I am very happy to have a conversation with the hon. Lady outside the Chamber. I think that she may have slightly misunderstood what is happening, and I am happy to give a bit more detail about what is happening with the legal aid process.

[Jess Phillips]

I am only too aware that the Minister will almost certainly tell me that the legal aid, through the Legal Aid Agency, has been granted to two of the seven families of complainants. Although I am more than happy to meet the Minister outside of here, I am going to wager that I know a bit more about it than perhaps he does. I would be delighted to be proven wrong—in fact, the Home Office has heard our requests for Hillsborough-style funding—and, if I am, I will stand on every single platform I can to say that I was wrong and the Minister knew more than me. So I look forward to that!

I will conclude by saying that we all want something better and we all want victims to be treated better, and the hon. Member for Cheltenham has shown with passion how that can be realised. But unless we make sure our regulations are enacted, what we do in this place is slightly for nothing, so I ask the Government to look again at the amendments around victims’ rights.

[Mr Charles Walker]

In the last Parliament, I was totally politically incontinent—in and out of all sorts of Lobbies, voting with the Government, voting against the Government and voting with Labour. I have really tried to make sure that, in this Parliament, I was only in one Lobby—the Government Lobby. I have managed that loyally for the past 18 months, and I am just so disappointed that the Government are not willing to accept Lords amendment 96, because equality of representation is absolutely critical.

I spoke in this place in a previous Parliament about the terrible tragedy of deaths in custody—deaths in detained environments. Let us look specifically at deaths in police custody. If a person dies in police custody, there is obviously a coroner’s inquiry, but there is total inequality of representation at that inquiry. The family of the deceased are up against the state, the police and their legal representation. That legal representation is given to the police without question, and it is funded without question, whereas the families of the deceased, at a time of huge emotional turmoil, have their finances pored over with a fine-toothed comb—it is not just the finances of the parents, but the finances of siblings, aunts and uncles, and even cousins—to see whether the family can bear the cost of their legal representation. That is entirely unfair; it is not just.

The Lords amendment is very sensible in its scope, and I would hope, even at this late stage, that the Government—if for no other reason than to keep me out of a Lobby that I do not really want to be in—might consider accepting it, so that we can all finish the evening on a very happy and unified note.

--- Later in debate ---

[Kevin Foster]

The fact is that someone who wanted to spread mistruths today would do it on the internet, and that would not be covered by either of the proposed systems of press regulation. We would probably now see a story of that type circulating on the internet, whereas in the 1980s the internet was something that a few universities used, and the worldwide web was something that United States military had developed for the purpose of its own communications in the event of world war three. It was not as we see it today. That shows why we need to be conscious of today’s position on the media and legislation. The industry, in many cases, particularly the local media, is struggling to survive and is in decline and we do not want to end up throwing out the baby with the bathwater because of the horrendous practices of one or two newspapers, in particular The Sun in that instance.

I wanted to talk mainly about amendments 136 to 142. I listened with interest to the hon. Member for Birmingham, Yardley (Jess Phillips). She has a valid point when she says it is easy to put things that sound marvellous and fantastic on to goat skins, but the difference that makes on the ground is another matter. That is why I agree with the Government’s motion to disagree with the Lords amendments.

Some of the provisions of Lords amendment 137, for example, are relatively vague. “Adequate notice” is not defined. There is also the provision potentially making the police and other authorities liable for any “unnecessary delay”; how can the police be held liable if it is the defence that engages in delay? The judiciary have the role of preventing court cases from being unnecessarily delayed.

[Jess Phillips]

The whole point of these amendments is that all the actors in the criminal justice system—the courts, the CPS, the defence, or the police—have a responsibility. These provisions would make the monitoring of how well they are doing more robust. It does not matter who is to blame; what we want is the victim to be given the information.

[Kevin Foster]

The amendment talks about ensuring that victims of crime are “not subjected to unnecessary delay”; it does not talk about monitoring. I accept that if we were looking at having a system of guidance, for instance, proposing “must ensure” would be putting something on to the statute book. For me, ensuring victims of crime are supported through the court process would be more beneficial than these amendments. In addition, people now have police and crime commissioners whom they can hold to account for the work they do.

This is a large group of amendments and we could spend quite some time talking about it. I do not believe that adding these amendments to the Bill is the right way forward. We should look at having a properly consulted-on system that does not have unintended consequences. That is why I agree with the Government motion to disagree with the Lords amendments.