Victims and Prisoners Bill

Jonathan Edwards Excerpts

2nd reading
Monday 15th May 2023 Commons Chamber

[Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)]

It is a pleasure to speak on Second Reading. I commend right hon. and hon. Members for the contributions that we have heard so far. This House is undoubtedly at its best when we engage in serious debate free from tribal engagement.

My contribution is largely based on the experiences of the family of my constituent Michael O’Leary, who was murdered in what was described by prosecutors as a “carefully planned execution” in January 2020. His body was desecrated in an attempt to hide the crime. The key bit of evidence that secured the guilty verdict was only obtained in March 2020 when a search of the murderer’s property found tissue matter that matched Mr O’Leary’s DNA—a piece of the small intestine—in an oil barrel. I cannot imagine the suffering involved for the family, not only having lost a loved one in such a manner, but having been deprived of the opportunity to process their grief through burial of the body. Mr O’Leary’s son Wayne said that families face a “lifetime of unanswered questions.”

Following the murder trial, my constituents have campaigned for a new offence of desecration or concealment of a body, dubbed Helen’s law 2. Helen’s law, which was adopted in the Prisoners (Disclosure of Information About Victims) Act 2020, means that an individual guilty of murder would not be eligible for parole if they refuse to reveal the location of a victim. I pay tribute to Helen McCourt’s family, and all the other families. Helen’s law 2 aims to increase punishment for those guilty of desecration or concealment, or in the very least to amend sentencing guidelines to reflect the extra suffering imposed on the families of victims. We await progress on the campaign.

I understand that there are complexities, but I hope that the UK Government continue to seek a way forward, considering that, unfortunately, these sorts of heinous crimes are becoming more common. I can certainly say that in the experience of my constituents, the additional suffering of knowing what was done to their loved one after he was murdered is beyond comprehension.

Following discussions with my constituents, I would like to take the opportunity to raise their views on the Bill. Victims’ families are concerned that a Bill on victims’ rights has been brought forward even though the Victims’ Commissioner post has been vacant since last September, following the resignation of Dame Vera Baird. Upon her resignation, Dame Vera said that she was disappointed by the lack of engagement from the Government in relation to her concerns about the Bill as the primary voice of victims. The resignation letter is quite damning, with the former commissioner accusing the Government of “downgrading” victims’ concerns. I am sure that Ministers appreciate families’ concerns that a Bill has been brought forward without a key advocate on their behalf being in post.

The Bill obviously concerns a very emotive subject for families. Changing the title from the Victims Bill to the Victims and Prisoners Bill is, in itself, offensive to them. Families believe that a victims Bill should stand on its own—a point made by the right hon. Member for Garston and Halewood (Maria Eagle).

From a Welsh perspective, there is concern that the key parts of the Bill refer to England only. I am sure that that is only a drafting error, but both clauses 12 and 14 refer to police authorities in England alone. I suspect that the four Welsh police authorities should be included.

Victims’ campaigners are concerned that the rights set out in the Bill are not legally enforceable. The former Victims’ Commissioner pointed out in her response to the Bill that there is no accountability mechanism if a criminal justice partner does not deliver on those rights, and no right of recourse for families. Perhaps the Government are concerned about the extra cost that may be incurred as a result of any enforceable rights, but without a right of recourse it could be argued that the Bill’s content on victims is aspirational—a point made by the Chair of the Justice Committee, the hon. Member for Bromley and Chislehurst (Sir Robert Neill).

The former commissioner, Dame Vera, argues that the Bill should seek to emulate the Australian model. Policies pioneered in the state of Victoria provide a formal role for victims within criminal justice proceedings, leading to a cultural shift from, according to Dame Vera,

“agencies viewing victims as peripheral to their function – bystanders to proceedings – to a core and valued constituent part of the justice system.”

I am no expert, but strengthening the powers of the Victims’ Commissioner role would be one way forward. From what I can see, the Victims’ Commissioner performs an advocacy role at present. In Wales, the Welsh Language Commissioner has specific regulatory functions and powers, which include setting standards in the public sector and deciding on complaints and investigations. Following investigations, the commissioner has the power to initiate enforcement action. Strengthening the Bill in that manner would give the Victims’ Commissioner real teeth and would empower victims.

Under part 3, the new powers proposed will allow the Secretary of State to make Parole Board decisions on the release of prisoners. Families are concerned that they will not have the opportunity to make a victim impact statement or be included in licensing decisions, as is currently the case—a point made by the former Home Secretary, the right hon. Member for Witham (Priti Patel). Furthermore, families are concerned that they will not have a voice during the appeals stage, as prisoners would surely contest a decision by the Secretary of State to keep them incarcerated. They will further lose their rights to make a victim impact statement or contribute towards licensing decisions at this stage—a point made by the right hon. Member for New Forest East (Sir Julian Lewis).

The prisoners section of the Bill was not part of the original consultation; therefore. its removal should be considered. Campaigners believe that a second consultation should have been considered before the latest draft was published. Campaign groups raise concerns that the scope of the Bill is not wide enough to include other rights for victims. As I stated, it is vital that rights must be considered while putting victims at the heart of the criminal justice system, such as through free transcripts of trials involving loved ones. Campaigners tell me that a bereaved family were recently quoted £14,000 in costs for the transcript of a 17-day trial. Clearly, that is prohibitive.

The Human Rights Act 1998 is referred to only in part 3. That is upsetting to victims and bereaved families, as it implies that human rights apply only to prisoners and not victims. That further exacerbates the imbalances of power that they believe exist between victims and offenders. Before the Bill proceeds to Committee, I hope that Ministers will increase engagement with victims groups and bring forward necessary amendments to alleviate their concerns.

Victims and Prisoners Bill

Jonathan Edwards Excerpts

Report stage
Monday 4th December 2023 Commons Chamber

[Apsana Begum (Poplar and Limehouse) (Lab)]

As co-chair of the all-party parliamentary group on domestic violence and abuse, I will concentrate my remarks on amendments and new clauses relating to domestic abuse.

I recognise that there has been some progress on domestic abuse, but survivors are being failed by the criminal justice system. Repeatedly saying that tackling domestic abuse is a priority does not mean that it is a priority. Survivors deserve much more than posturing and rhetoric; in fact, virtue signalling at the same time as failing us becomes a form of gaslighting in and of itself. Urgent and immediate action is overdue. All too often, survivors do not have faith in the systems that are meant to protect and support them. The situation for black, Asian and minoritised women is even more dire, as they are disproportionately victims of violence against women and girls, yet also experience poorer outcomes in access to justice and support. As such, my new clause 35 would compel the Secretary of State to conduct a review into the experience of victims of domestic abuse in the criminal justice system.

Survivors of domestic abuse currently face overwhelming barriers to justice: we are routinely subject to double standards and outright misogyny in policing, sentencing and imprisonment. I have first-hand experience of the fact that courts are even used by abusers to perpetuate abuse. Police forces share migrant victims’ data with immigration enforcement, which stops migrants from reporting to the police and others out of fear that they will be treated as offenders themselves, facing potential criminalisation, detention and even deportation. I therefore support new clause 30, tabled by my hon. Friend the Member for Rotherham (Sarah Champion), which would ensure that the personal data of a victim of a crime is not used for any immigration control purpose without the consent of that person. In fact, I believe we need a firewall between all public services and the Home Office, so that every survivor can report abuse and access justice and safety, and perpetrators cannot evade justice.

Recovery is an essential part of justice; the funding of services can mean the difference between life and death, hope and despair, and imprisonment and empowerment. My new clause 34 would compel the Secretary of State to conduct a review into the level of funding and provision for domestic abuse services, considering both counselling and advocacy services and refuges. In light of the impact of the cost of living crisis on domestic abuse survivors, urgent changes to housing, health and social security systems are also needed, and I urge the Government to support new clause 8, which would ensure that victims of domestic abuse who do not have recourse to public funds are still entitled to be supported. I urge them to choose to properly reform the criminal justice system, fund specialist services, and ensure that the social security system is there for people when needed.

[Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)]

Diolch yn fawr, Mr Deputy Speaker; it is a pleasure to contribute to this debate. I rise to speak to my new clause 33, a probing amendment based on concerns I expressed on Second Reading about the Victims’ Commissioner lacking enforcement power, undermining their ability to protect victims. The shadow Minister, the hon. Member for Cardiff West (Kevin Brennan), made similar comments during his contribution. I welcome the fact that Baroness Newlove has been appointed as Victims Commissioner—that is a step forward from where we were on Second Reading. I hope she has had the opportunity to influence the Bill before today’s debate.

On Second Reading, I talked about my constituents, the family of the murdered Mike O’Leary. Since Mike’s death, the family have become avid campaigners for victims’ rights, and the main thing they consider is missing from this much-awaited Bill is the enforcement powers that would give the Victims’ Commissioner some teeth. The murder of Mr O’Leary was a particularly heinous crime—his body was desecrated—and I look forward to the Sentencing Bill on Wednesday, when we will have an opportunity to discuss whether a new crime should be introduced and whether sentencing guidelines should be amended to reflect the extra suffering of the bereaved families.

Baroness Newlove, in her response to the King’s Speech in the other place, mentioned a sobering survey that her office did on victims’ experience of the criminal justice system. Of the 500 people surveyed, 71% were dissatisfied with the approach of the police to the crime they experienced, 34% said they would not report another crime, less than 29% were aware of the victims code, only 29% were offered the opportunity to make a victim’s personal statement and only 8% were confident that they received justice by reporting a crime. If the aim of the Bill is to bring victims’ experience into the heart of the criminal justice system, it has its work cut out.

The commissioner should be the key role for driving the change that is needed. On Second Reading, I pointed out the powers of the Welsh Language Commissioner under the terms of the Welsh Language (Wales) Measure 2011, introduced by the Welsh Government. The Welsh Language Commissioner’s enforcement powers range from offering advice and training to requiring an organisation to prepare a plan to prevent further continuation or repetition of the failure, requiring an organisation to take concrete steps to prevent further failure, publicising the failure of an organisation to comply with the measure and imposing a civil penalty of up to £5,000. Empowering the Victims’ Commissioner along the lines of the enforcement powers of other commissioners would considerably strengthen the hand of victims and help transform the criminal justice system so that victims are at its centre. I hope the other place may take up my new clause in its deliberations.

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

I rise to speak to new clause 1, and new clauses 2 and 3 in my name. When we talk about victims, it is important that we also discuss taking responsibility for the victims of Parliament’s activities, and some of the victims of Parliament’s activities are the IPP—imprisonment for public protection—prisoners. The hon. Member for Bromley and Chislehurst (Sir Robert Neill) has campaigned on this matter for years, and the Justice Committee has undertaken detailed investigations and reports, which I think we need to take more seriously in this House because of the urgency of the matter.

There are nearly 3,000 IPP prisoners still in prison. They are in prison under legislation passed in this House by David Blunkett, who now recognises that there is an injustice—there has been a miscarriage of justice—and is appealing to us to correct that injustice by legislating now. There is example after example of people who have gone to prison on small tariffs. Martin Myers was sentenced on an 18-month tariff, and he has served 17 years. Wayne Bell has served 16 years on a two-year tariff, and Aaron Graham has served 18 years on a three-year tariff. This is Kafkaesque. These people have committed relatively minor offences, but are trapped within the prison system and cannot get out.

It therefore behoves us to address this issue, which is why the Justice Committee undertook the review and brought forward not a policy of releasing these prisoners without protection and security, or whatever, but of re-sentencing, with special expertise brought in to assess each prisoner and see whether it is safe at least to give them a determinate sentence so as to give them some hope. That is the problem here: we have lost 88 of these prisoners through suicide because they had no hope. If we listen to the Prison Officers Association, the Prison Reform Trust, Amnesty, Liberty and the families, we can understand why, because it is not just the prisoners who are serving these sentences, but their families.

What have we found in the last year? We have lost another eight prisoners who have committed suicide, with 1,600 self-harm incidents among this group of prisoners over the last 12 months. What we need to do now is to take forward the hon. Member’s proposals, and if the Government are not satisfied with them at the moment, let us work on them until the Bill goes to the House of Lords and see what we can do in the other place. In addition to that, I have put forward minor amendments saying that we should at least offer such prisoners—those inside, but also those on licence—advocacy and mentoring so that they can prepare themselves properly for resettlement and release from prison, but also so that when they are outside they are not recalled, as they are at scale at the moment.