Victims and Courts Bill

Josh Fenton-Glynn Excerpts

2nd reading
Tuesday 20th May 2025 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)]

It is a true privilege to deliver the closing speech on Second Reading of the Victims and Courts Bill. I would like to start by paying tribute to the families of Olivia Pratt-Korbel, Jan Mustafa, Zara Aleena and Sabina Nessa, most of whom have been in the Gallery and whom I have had the privilege of getting to know over the past few months. As today’s debate has shown, the House agrees that justice is not optional. Criminals should never be allowed to hide away from it. I am grateful to all of the families for their tireless campaigning to bring forward measures on sentencing hearings. The changes are an important step forward for victims and a testament to their courage.

I pay tribute to my hon. Friend the Member for Knowsley (Anneliese Midgley) for her very powerful words today. They were not just her words but the words of Cheryl Korbel, whose words will stay with me forever and whose words should have been heard by her daughter’s killer. This Bill is a legacy for Olivia and for all those who have been failed by the justice system.

As the Lord Chancellor has already outlined, this Bill has victims’ experience at its core. As the Victims Minister, it is an honour to meet victims and survivors every single day in this role. This Bill has been created with them at its heart. I echo the tribute from the shadow Secretary of State, the right hon. Member for Newark (Robert Jenrick) to the Justice for Victims campaigners, who I have also had the privilege of meeting. Becky and Glenn Youens, Susan and Jeremy Everard, Katie Brett—whose story we have also powerfully heard from the shadow Minister, the hon. Member for Bexhill and Battle (Dr Mullan)—Paula Hudgell and Ayse Hussein, who is with us today, have all helped to change the law, and we owe them all a huge debt of thanks for that.

This Bill will make the justice system more efficient—it is a system, and it all needs to work for it to operate effectively—so that victims can begin to move on with their lives faster. I sincerely thank Members from all parties for the thoughtful, powerful, sometimes emotional, but mostly constructive way in which they have contributed to the debate today. Support and justice for victims should never be political. I stand here willing to work with anyone of any stripe and of any colour to make sure that we bring forward the strongest package available for victims.

The issues and the inheritance of our justice system have long been discussed in this place. It is well known to Members what a state our justice system was in when we came into office just 10 months ago, but this Government have begun to rebuild its foundations. This Bill will be just the beginning, not the end of our reform programme for victims. We have the independent review of our criminal courts, led by Sir Brian Leveson. That will lead to a more effective and efficient criminal courts system, improving timeliness for victims, witnesses and defendants without jeopardising the requirement for a fair trial for all involved. We await the imminent outcome of David Gauke’s review into sentencing, which will address a number of the issues that Members have raised today.

Turning to some of the issues raised, I will respond first to my friend, the hon. Member for Eastbourne (Josh Babarinde), the Liberal Democrat spokesperson. I am proud to work with him for victims in this place. He has always been constructive and is always seeking to do what is right. Although I cannot give him the commitment today, I am meeting him tomorrow morning, and we will hopefully have imminent news for him on a lot of the work we have been doing together. I also thank his fellow Liberal Democrat, the hon. Member for Richmond Park (Sarah Olney) for all her work on court transcripts and specifically the pilot for sentencing remarks transcripts in cases of rape and serious sexual offences. Having spoken to victims and survivors, I know how vital that is for them. The pilot is due to end next week and we will soon be publishing our response and how we intend to take that forward. I look forward to speaking with her further on that soon.

Many Members spoke about the parental responsibility measures. I stress that the Government have heard the strength of feeling on this issue. Our focus must be on automatically restricting parental responsibility for offenders who have committed serious child sexual abuse offences—the most heinous crimes in society. We are taking that step today in this Bill for those who have committed these offences against a child for whom they personally hold parental responsibility, because we need to protect those in direct harm. I stress and echo the words of the Secretary of State that this is a novel and untested change in the law. The response from perpetrators is unpredictable, so we have chosen to focus first on cases of highest harm, because we do not want unintended consequences and we need to prioritise all vulnerable children who are going through the family courts. However, this is the beginning, as we have said, and we look forward to working constructively across the House on this measure.

[Josh Fenton-Glynn (Calder Valley) (Lab)]

I know that my hon. Friend cares deeply about this issue. In the course of the passage of the Bill, will the Government look at amendments that could see the family courts end the presumption of contact and ensure we end this cycle of abuse?

[Alex Davies-Jones]

My hon. Friend is a champion for the cause of protecting children going through the family courts, as is my hon. Friend the Member for Penistone and Stocksbridge (Dr Tidball), whose contribution today was equally powerful. Meeting her constituent Claire Throssell, and hearing the story of Jack and Paul, will stick with me forever. I think about that on a daily basis.

The Government are committed to ensuring that the family justice system delivers the right outcomes for survivors of domestic abuse and their children. We have heard loud and clear concerns in the Chamber and from outside on the need to go further. A child’s welfare must always be the family court’s paramount consideration when making decisions about that child’s life. The Ministry of Justice has undertaken a review on presumption of parental involvement, and its findings, along with any recommendations, will be published shortly. I look forward to working with hon. Members across the House, including my hon. Friends, on that soon.

Right hon. and hon. Members across the House made many comments about the unduly lenient sentencing scheme, welcoming measures in the Bill about extending the time limit for the Attorney General to look effectively at cases so that justice can be served. As they will know, the Law Commission is undertaking a review into the scheme as a whole, and I—and I am sure the Law Commission—would welcome their feedback on that. We will look closely at the findings of that review to ensure that any recommendations are carried out effectively.

Domestic Abuse Offences

Josh Fenton-Glynn Excerpts

Monday 17th March 2025 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)]

I congratulate the hon. Member for Eastbourne (Josh Babarinde) on securing this important debate, and I thank him for his commitment to tackling domestic abuse. His leadership is not just political, but deeply personal and shaped by his own experiences; it drives his advocacy for better support for victims and survivors. His dedication is truly inspiring. Only through working in partnership across Government and society will we succeed in tackling domestic abuse and halving violence against women and girls. The hon. Gentleman’s passion, dedication and personal commitment to this cause shines a light on the challenges faced by victims and survivors, and I look forward to continuing to work with him.

As the House will be aware, this Government were elected on a landmark pledge to halve violence against women and girls over the next decade, and driving down domestic abuse is right at the heart of that pledge. For too long, the justice system has not been working for domestic abuse victims. We know that reports are higher than they were five years ago, while prosecutions are lower. That is unacceptable. We have taken swift action to begin reforming the system to better support victims and ensure that they have access to justice.

Across Government, we are taking steps to improve the justice system’s response to domestic abuse, from the first time that someone calls the police, to court and all the way through to the way in which perpetrators are managed after a sentence. We have introduced domestic abuse specialists in 999 call centres in selected areas so that when a victim calls the police, specialists can support first responders to assess the risk and ensure that there is an appropriate response. The Crown Prosecution Service and the National Police Chiefs’ Council have launched the domestic abuse joint justice plan, which brings police and prosecution experts together for a stronger, more co-ordinated approach to investigating and charging domestic abuse so that we get better outcomes for victims.

At the court stage, we have taken swift action to tackle delays by funding more than 108,500 sitting days in the Crown courts this financial year. Next year we will fund the Crown courts to run at a record level of 110,000 sitting days. We need to do that to tackle the outstanding caseload. We have also commissioned Sir Brian Leveson to recommend once-in-a-generation reform for our criminal courts, and he will report in spring this year.

We are ensuring that domestic abuse victims can access legal aid throughout the court process by changing the means test, recognising that while victims may own property or be listed as a tenant, they are often unable to benefit from the home if their abuser still lives there. We are also taking action to ensure that survivors of domestic abuse and their children are better protected in the family courts. We are expanding the pathfinder pilots, which are helping to ensure that children’s voices are heard in each case, reducing their trauma and providing more access to specialist support.

[Josh Fenton-Glynn (Calder Valley) (Lab)]

I thank the hon. Member for Eastbourne (Josh Babarinde) for bringing forward this really important debate. I absolutely agree that more needs to be done in the family courts, and I welcome what has been done so far, but does my hon. Friend agree that we also need to look at the rules around presumption of contact, particularly for children, where domestic abuse is involved? We need to update those in order to ensure that get away from the assumption that contact with an abuser is advantageous to a child’s welfare.

[Alex Davies-Jones]

My hon. Friend is a tireless campaigner on this issue. To echo the words of the Prime Minister, the family courts should never be allowed to be used as a means for an abuser to continue their abuse, and this Government will report on the issue of presumption soon.

We need to ensure that the severity of domestic abuse is captured in our sentencing framework. We have committed to implementing two of the outstanding recommendations made in Clare Wade’s domestic homicide sentencing review to make murders involving strangulation and those connected with the end of a relationship statutory aggravating factors.

We are further strengthening our response through the improved management of perpetrators. We have launched domestic abuse protection orders in selected areas, combining the strongest elements of other orders to protect victims from all forms of domestic abuse. They put tough restrictions on abusers and can include orders for behaviour change programmes to finally stop the cycle of abuse from repeating. Since February, offenders sentenced for 12 months or more for coercive or controlling behaviour are now automatically eligible for management under multi-agency public protection arrangements. That rightly puts the response to this awful offence on a par with physical violence.

Alongside our work to tackle offending, we are strengthening protection for victims. Our new victims’ code will help ensure that every victim of crime, including domestic abuse, understands their rights, and will also ensure that we can properly monitor the service that local agencies are offering. The duty to collaborate will improve how local commissioners commission services for domestic abuse victims. We are also increasing the power of the Victims’ Commissioner, so that there is more accountability when victims are let down by the system.

On funding, we are continuing to prioritise support for victims and survivors of abuse. Police and crime commissioners are provided with funding to commission local practical, emotional and therapeutic support services for victims of all crime types, including domestic abuse. The criminal justice system is facing considerable demand pressures and a challenging fiscal environment. Difficult decisions have been made regarding funding, but we have continued to prioritise victims of violence against women and girls by protecting that spending within the Ministry of Justice, maintaining last year’s funding levels for sexual violence and domestic abuse support this year. This will ensure that domestic abuse and sexual violence support services can continue their vital work. That is on top of the core funding that we give to police and crime commissioners to allocate locally, and I should stress that we are encouraging police and crime commissioners to prioritise victims of violence against women and girls in their budgets.

Our work to tackle domestic abuse and better support victims will require a cross-Government approach—we have already heard this evening how important it is to include the Department for Environment, Food and Rural Affairs, as well as the Treasury and financial services. We will use every lever in our power and work with key partners across Government to deliver against this ambition. I am proud to co-chair the violence against women and girls mission board, which brings together Ministers from across Government with responsibility for this area to drive forward delivery of our mission. I have also been engaging extensively across Whitehall on prevention and early intervention, as well as on the wider support that victims of domestic abuse need, such as safe housing provision or support for their pets. All of our important work will be underpinned by a new strategy to combat violence against women and girls, which we will publish later this year.

I now turn to the particular interest of the hon. Member for Eastbourne in creating a cohort of domestic abuse offenders in order to exclude these offenders from early release measures, as he has set out. As he knows, SDS40 was an emergency measure introduced to avert a prison capacity crisis that this Government sadly inherited. However, we made sure to exclude certain offences from that change, including: sex offences, irrespective of sentence length; serious violent offences with a sentence of four years or more; and a series of offences linked to domestic abuse, including stalking, coercive or controlling behaviour, and non-fatal strangulation. As the hon. Member has said, exclusions from the policy are based on offences, not offenders. This means that it has not been possible to exclude all offenders with a domestic abuse history, as there is no current single means of determining whether a given conviction was for an offence committed in the context of domestic abuse.

I am hugely sympathetic to the issues that the hon. Member has raised this evening. However, I am not convinced that his particular solution—creating a series of domestic abuse aggravated offences—is the right one. I am concerned about the unintended consequences of attempting to capture and define via a list of specific offences the full spectrum of offences in which domestic abuse could be a factor. As we have heard this evening, that spectrum of offences is vast, and I am extremely wary that attempting to capture them in a list could unwittingly create a system in which some offences are deemed serious enough to constitute offences that could be aggravated by domestic abuse, whereas other offences in which domestic abuse could play a part are not. For example, we should not return to the outdated view that domestic abuse only involves physical violence. As my hon. Friend the Member for Congleton (Mrs Russell) has said, economic abuse should also be taken into consideration, and it will be a core part of this Government’s violence against women and girls strategy.

This Government are dedicated to ensuring that the harm caused by offences typically committed against women and girls—including domestic abuse—is appropriately and proportionately reflected in the sentencing framework. That is why the sentencing review chaired by David Gauke, the former Lord Chancellor, has been asked to look specifically at the sentences for offences primarily committed against women and girls. I recognise that being able to better identify domestic abuse offenders throughout the system and to capture that data is important in supporting victims and managing perpetrators.