Criminal Injuries Compensation Scheme

John McDonnell Excerpts

Wednesday 7th November 2012 Commons Chamber

[John McDonnell (Hayes and Harlington) (Lab)]

I want to speak on one narrow point of the proposal with regard to railways. I represent a railway estate in my constituency that traditionally housed railway workers and their families, and I chair the National Union of Rail, Maritime and Transport Workers parliamentary group. I have dealt with constituents who in their working lives have tried to intervene to protect passengers and in so doing have become victims of assaults, and who have been witnesses to the tragic suicides at my local station and across the country. In the past five months, my local station has seen four suicides in which an individual has stepped in front of a fast train. That has an immense traumatic impact on not just the family of the victim, but on the driver and other staff who were witnesses, and on those who deal with the aftermath of the incident.

I was, therefore, extremely concerned that the proposal, which has been considered by two delegated legislation Committees, is described by the impact assessment as

“Clarifying eligibility for the scheme and changing the scope of the scheme to no longer make payments for mental injury to those who…are employed on the railways and witness (or are involved in the aftermath) of an injury resulting directly from an offence of trespass on the railways”.

That goes back to the 1980s when we campaigned and won a recognition that there should be some form of compensation for those workers who were traumatised by the experience of suicide, largely as a result of their train hitting the victim, or seeing it from the platform. Initially, the House of Lords did not accept that suicide was within the remit of the compensation scheme, but in 1990 a Conservative Government did accept that, and so compensated those who were victims of such trauma. The proposal is, therefore, a significant step backwards, which will impact on a large number of people who suffer in such a way

My right hon. Friend the Member for Oxford East (Mr Smith) quoted one example of what had happened to a shop worker, so may I quote an example provided by the RMT of what happened to Karen Jordan, from Barnet, who has been driving trains for 10 years and has twice had her train impact with a suicide victim? The last occasion, the RMT says,

“was a routine journey but as the train rounded a bend she spotted what she thought was a tarpaulin on the track. When her train hit the object she saw a pair of shoes, socks and lower legs. Even if she had been able to apply the emergency brakes she would have been powerless to stop it hitting the man.”

The driver saw that person cut in two. She was traumatised, and experienced flashbacks and nightmares. She was eventually allowed to retire on medical grounds, but during the period concerned she was off sick. Yes, she received sickness benefits, but under the new compensation scheme arrangements she would not have satisfied the criteria for eligibility for the emergency fund for that very reason. Had the incident occurred today, she would have received no compensation whatsoever.

The loss of any form of income on any scale will have a significant impact on many workers receiving relatively low pay. According to the findings of an HSBC survey that were reported in the newspapers over the weekend, a third of all households have less than £250 in the bank, and among those in their 40s the proportion is 42%. Previously, someone who had had an accident at work and received sickness benefits, thus experiencing a significant loss of earnings, would be tided over by the £1,000 or £2,000 provided by the criminal injuries compensation scheme, and prevented from—in the words of HSBC—falling into destitution.

We will not vote on the scheme today. The formal vote may take place next week or a couple of weeks later, which means that we have time to iron out some of the anomalies. People will suffer if the scheme is accepted in its current form, and I think they will believe that the House has not protected their interests.

We are all committed to ensuring that victims are protected, and we all want to see the perpetrators pay more. What we are saying is that there are problems with the scheme that is being proposed at present, and that further discussion is needed. If it is possible for that discussion to take place on a cross-party basis, and if we can reach a consensus, let us at least attempt that before we rush this measure through and have such a severe impact on people’s lives.

--- Later in debate ---

[Mrs Grant]

The hon. Members for Strangford (Jim Shannon) and for Kilmarnock and Loudoun (Cathy Jamieson) raised the issue of late reporting in these cases, but I can confirm that the new discretion introduced into the scheme—

[John McDonnell]

On a point of order, Mr Speaker.

[Mr Speaker]

I hope that it is a point of order, not a point of frustration.

[John McDonnell]

It is a point of order. The Minister for Policing and Criminal Justice referred earlier in the debate to a letter being circulated about the compensation scheme relating to the legislative proposal, but it was circulated only to Conservative Members and not to Opposition Members. Therefore, we want at least either to see the letter or to have the Minister explain it to us. That is why Members are seeking to intervene.

[Mr Speaker]

I am grateful to the hon. Gentleman, but I do not think that engages the Chair. The point has been put on the record, but the Minister will wish to continue her speech.