Victims and Prisoners Bill (Eighth sitting)

Jess Phillips Excerpts

Committee stage
Thursday 29th June 2023 Public Bill Committees

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

rose—

[Sarah Champion (Rotherham) (Lab)]

rose—

[Edward Argar]

I will give way first to the hon. Member for Birmingham, Yardley.

[Jess Phillips]

I hear the good words in the Minister’s explanation, but I am still not entirely sure exactly what will happen. Are we going to get local forums to make it better if it is bad? That does not seem enough to me to ensure compliance or any change from the situation we have at the moment.

[Edward Argar]

I am grateful to the shadow Minister. I will come on to how this will work in practice, but I suspect hon. Members may wish to return to it in their contributions to their amendments. I give way to the hon. Member for Rotherham.

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We have not seen any evidence that there have been problems with a lack of co-operation in practice and therefore feel that the additional duty is unnecessary. Under the Bill, agencies will now be under a duty to respond to all recommendations made by the Victims’ Commissioner that are directed at them. That will help to identify and achieve improvements where they are needed. If there are cases where that does not happen as intended, we will work with the Victims’ Commissioner in a constructive way to address engagement issues.

[Jess Phillips]

I just wonder what would happen if we were discussing a school in my constituency—let us say my own children’s school—and Ofsted just got to say, “Yeah, you’ve just got to hope for the best, really. Let’s just hope for the best, with a little bit of improvement.” There are no powers; this process does not go anywhere. I am not sure that I can see how there is any gumption behind any of these particular improvements, other than just, “They’ll respond”.

[Edward Argar]

As I say, our experience is that the Victims’ Commissioner—I suspect that this is by virtue both of the office itself and the strength of personality of all three Victims’ Commissioners—has tended to be successful in obtaining the information they need to do their job and shine a light on particular issues or individual system challenges. Therefore, we do not believe that it is necessary or proportionate to alter their powers further in the way that has been discussed.

We intend for the Victims’ Commissioner to have access to relevant compliance information collected and shared under clauses 6 to 9, both via national governance forums and through the duty on the Secretary of State to publish compliance information. That may not go the full way, but I hope it goes some way to reassuring the hon. Lady that the Victims’ Commissioner will have access to information on the code. We do not believe that additional powers to collect such information are required.

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[Edward Argar]

I am grateful to the hon. Lady. As I say, I am looking at how we might do this, so I am not in a position to make firm commitments to her, other than that I will bear what she says in mind when we get to the point of being able to do something like this. She made a sensible point and, typically, in doing so she also suggested a possible solution.

Accessibility is hugely important. The code, however brilliant it may end up being, is of limited value if people cannot access it to understand it and know how it relates to them. We know that victims not only need to know about the code, but need to understand it. We recognise the importance of that. We are considering carefully how we can ensure that everyone who needs to understand it can do so. I am happy to work with the hon. Member for Rotherham. My meeting agenda over the summer and in September is getting longer and longer, but I am always happy to spend time with her to discuss such matters.

The hon. Lady’s new clause 5 would also give the Secretary of State the power to make regulations prescribing that criminal justice bodies must signpost victims to appropriate support services and must receive appropriate training, including from specialist domestic abuse services. It is absolutely right that victims should be signposted to appropriate support services. Right 4 under the code contains an entitlement for victims to be referred to support services and to have such services tailored to their needs. Through the new duty on criminal justice agencies to take reasonable steps to make victims aware of the code, more victims should be aware of their entitlements.

I turn to training. Agencies already deliver training on the code to their staff to ensure that they are confident and comfortable sharing it. For example, the national policing curriculum uses interactive and group training methods to deliver training in as impactful a way as possible. That is regularly reviewed and updated as necessary.

[Jess Phillips]

I do not have the data, and I do not expect the Minister to have it at his fingertips, but does he know how many police officers have actually had that training? Less than 50% have been trained on what coercive control is, for example.

[Edward Argar]

The hon. Lady slightly pre-empts my answer. If that information is centrally held, I will endeavour to get it and write to her with it.

I am also pleased that the College of Policing has developed the Domestic Abuse Matters programme, which has already been delivered to the majority of forces. It was developed in conjunction with SafeLives and with input from Women’s Aid.

In addition, the CPS will work with specialist support organisations to develop bespoke trauma-informed training on domestic abuse to help prosecutors to understand the complexities that victims experience in those crimes. Information on domestic abuse and how to recognise the signs and provide support is also available to HMCTS staff. To increase the impact that the training agencies already deliver, we are using statutory guidance to set out advice regarding appropriate training so that staff working with victims are confident in how to share the code sensitively and effectively at the right time for the victim.

We are confident that for both training and accessibility, statutory guidance under the existing code awareness duty is the most flexible and effective approach. It can set standards while allowing agencies to tailor it for the different needs of agencies, staff and victims, and it can be kept up to date more easily, which enables us to take a continuous improvement approach. The hon. Member for Birmingham, Yardley is right to make the point that we can have fantastic guidance and training, but the key thing is to ensure that it is engaged with and that practitioners take the training on board and—I have used this dreadful word a few times—“operationalise” it in their day-to-day work. It is right that independent agencies have the expertise to decide how best to design and deliver training, rather than the requirement sitting with the Secretary of State. We already have provisions in the Bill and additional measures to address the aims of new clause 5, so I encourage the hon. Member for Rotherham not to press it to a Division.

New clause 11 would place a duty on all agencies with victims code responsibilities to monitor and report on compliance, and a duty on the Secretary of State to report annually to Parliament. I am grateful for the debate we have had, and I absolutely agree that we must monitor and report code compliance information. That is vital to understanding whether victims are getting the service they should. As I mentioned in our debate on a previous group of amendments, in 2019-20 only 23% of victims and 22% of the public were aware of the code, and only 45% of victims felt that the police and other criminal justice agencies kept them informed. That is why the Bill already legislates for new duties on code awareness and compliance in clauses 6 to 11. We therefore consider that new clause 11 is already covered by the existing provisions.