Victims and Prisoners Bill

Kevin Brennan Excerpts

Report stage
Monday 4th December 2023 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

Before I call Kevin Brennan, the House can see how many Members are standing. The first few to be called should not be thinking about speaking for longer than six minutes. That limit is very likely to be reduced. I do not want to put the mockers on people intervening on one another—it is a debate—but please be mindful that it will eat into other people’s time.

[Kevin Brennan (Cardiff West) (Lab)]

I rise to speak to the amendments standing in my name and will refer to others. The Opposition acknowledge the significance of the Bill, but even if the new Government amendments that the Minister has just outlined are adopted, we cannot escape the reality that the Bill nevertheless remains a skeletal framework that requires substantial enhancement. For too long—over a period of eight years and an octet of Justice Secretaries, which is an average of one per year—the promise of a comprehensive victims Bill has been dangled before us, yet still we are here trying to fill in its gaps. That provides little comfort for the victims of crime across the country.

Having picked up the Bill since it was considered in Committee, I wish to pay tribute to my colleagues who worked on it through that stage and did all the heavy lifting: in particular, my predecessors on the Front Bench, my hon. Friends the Members for Cardiff North (Anna McMorrin) and for Lewisham West and Penge (Ellie Reeves), as well as my hon. Friend the Member for Birmingham, Yardley (Jess Phillips), who is in her place on the Back Benches. I also pay tribute to those who have engaged from the Opposition Back Benches, including my right hon. Friends the Members for Kingston upon Hull North (Dame Diana Johnson) and for Alyn and Deeside (Mark Tami) and my hon. Friends the Member for Rotherham (Sarah Champion) and for South Shields (Mrs Lewell-Buck). I also thank those who have tabled amendments for consideration today, including my right hon. Friend the Member for Hayes and Harlington (John McDonnell), my hon. Friends the Members for Poplar and Limehouse (Apsana Begum) and for Walthamstow (Stella Creasy), and my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman). That really shows the amount of interest in the Bill right across the House.

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[Maria Eagle (Garston and Halewood) (Lab)]

rose—

[Kevin Brennan]

I pay tribute to my right hon. Friend the Member who is about to intervene.

[Maria Eagle]

New clause 14 is much better than the Government’s provision in the Criminal Justice Bill, which relates to producing codes of practice only for the police. Does my hon. Friend agree that his new clause would be a vital part of implementing a full Hillsborough law, which is what our party calls for?

[Kevin Brennan]

In all candour, I agree. The need for the new clause could not be more urgent. It is rooted in a simple expectation that those in public service, from health to policing, must not only act diligently but expose and challenge dangerous practices. The duty of candour would be not just a guideline but a legal obligation, and it would be particularly vital in tragedies like Hillsborough. I commend my right hon. Friend’s campaigning over many years on that subject and on terrible tragedies such as the Grenfell Tower fire.

New clause 14 aims to shift from a culture of defensiveness to one of openness, and would support those who wish to contribute to inquiries but feel pressured to remain silent. The NHS duty of candour has been a step in the right direction, but we need to go further for all public authorities if we are to end the cycle of institutional defensiveness that not only delays justice but fails to safeguard the lives of our citizens.

The new clause seeks to break down those barriers of evasiveness and foster a culture of accountability, where seeking the truth becomes paramount. A statutory duty of candour would circumvent all such issues and direct investigations towards the most pertinent matters promptly and efficiently. Most important of all, it would bring justice to the victims and their families who, for far too long, have been let down by public bodies that are meant to do the right thing.

I turn to amendment 33, which again stands in my name. The Bill intends to improve protections for victims, but it neglects a significant group, which the Minister made reference to in his remarks: individuals plagued by the menace of persistent antisocial behaviour, who are often living in fear in their own homes. The amendment seeks to rectify that oversight by ensuring that the definition of “victim” includes those tormented by antisocial behaviour such that they meet the threshold for an antisocial behaviour case review. There is no good reason why that group of people should have to deal with all the same agencies as other victims without the benefit of the same rights, so they should be added to the victims code.

Members across the House will know of many people in their constituencies suffering from that kind of antisocial behaviour. It is a daily battle for them. It is not the mark of a just society that they should not be included in the code. Currently, those victims are left without the protections and support that the Bill extends to other victims. That is an unacceptable gap in the legislation. We must extend support to those affected by persistent antisocial behaviour. It is our duty to ensure that no victim is left behind. The Bill must demonstrate that our support for those victims is unwavering and our commitment to all victims is absolute. We must ensure that every member of our society can live in dignity and peace, to which they have a right. I heard what the Minister said on this matter, but it is not good enough.

I turn amendments 154 and 155, though I will not dwell on them. They seek to maintain Welsh Ministers’ responsibility for issuing guidance to independent domestic violence advocates and independent sexual violence advocates in Wales. In the Bill, the Secretary of State is slated to provide guidance to outline their roles, the services to victims, and collaboration with the criminal justice system and other victim support entities. We support enhanced victim support, but our concern pertains to the Secretary of State assuming responsibility for the guidance in Wales. The Welsh Senedd did not grant legislative consent to the Bill due to its reservations about the role of the Secretary of State for Justice. Welfare and safeguarding are devolved matters.

I will not go into great detail because of time, but whether by oversight or design, the UK Government’s assumption of responsibility creates a dual system with varying authorities responsible for victim support providers based on the nature of the assistance rendered. That cannot be the right approach for victims in Wales. Elsewhere, the Government have shown a disregard for devolution. I am not sure that it is deliberate in this case, and I genuinely hope that it is an oversight. The Minister’s raised eyebrows suggest that I might be wrong about that, and that I am being too generous to him and the Government. As he has displayed some willingness to amend the Bill in our direction in other areas, I hope that he will reconsider the drafting to prevent further encroachment on devolved powers and, more importantly, to avoid less clarity for those helping victims in Wales and for victims themselves. If he is not willing to support our amendment on Report, I would welcome at least a commitment from him—I hope he is listening—to give further consideration to this matter when the Bill arrives in the other place.

New clause 38 on independent legal advocates is also significant. It seeks to recognise that the criminal justice system as it stands does not provide an adequate means of upholding the rights of rape victims, who so often feel that they are on trial. The provision of free independent legal advocates for rape victims is not merely beneficial but fundamentally necessary. For far too long, sexual violence victims have navigated the treacherous waters of the criminal justice system alone, often retraumatised by the very process that seeks to deliver justice.

The new clause aims to change that reality, and by tabling it we aim to go further than simply leaving it to the police to ensure that they seek victims’ personal records only when really necessary. The new clause would give victims a real and reliable opportunity to challenge those sorts of requests when they go too far, by having an experienced advocate by their side. The new clause would fundamentally change a centuries-old legal system without endangering the rights of defendants. In doing so, it aims to rebuild the trust of victims—women and girls in particular—because our justice system will cease to function if people do not feel able come forward and report crime.

I turn to new clause 42 in my name and new clause 27 in the name of my right hon. Friend the Member for Kingston upon Hull North. I pay tribute to her incredible campaigning on this matter over many years and that of other Members who have campaigned alongside her. We have all been moved by the appalling infected blood tragedy. The Labour party wants to help ensure that justice and compensation for victims and their families are delivered urgently. I applaud campaigning advocacy organisations, alongside the all-party parliamentary group on haemophilia and contaminated blood, which have worked so tirelessly to secure justice.

This issue has spanned many years and several Parliaments. The former Prime Minister, the right hon. Member for Maidenhead (Mrs May), set up the inquiry. Many Members and former Members—including Andy Burnham and the current Chancellor of the Exchequer, when they were Health Secretaries—advocated for such an independent inquiry. The Government have accepted that there is a moral case for compensation. The interim payments to a number of victims is an important recognition of that. I am sure that the Minister has seen the letter that the shadow Chancellor wrote over the weekend to the Chancellor of the Exchequer on this matter.

New clause 27 provides a chance to show that the Commons supports the principle of delivering a compensation scheme and understands the urgency of delivering justice. New clause 42 relates to that, and would establish a deadline of 25 sitting days from the publication of the final report on infected blood for an oral statement to this House setting out how victims can access the scheme and what steps will be taken to establish a compensation body.

I hope that the Government will accept both new clauses tonight. The aim is to ensure that the Government move urgently after the final report is published. This evening’s vote is an important opportunity, and we are willing to work with the Government to ensure that a fair scheme can be set up and administered quickly. There is time before the Bill goes to the Lords for us to work further on that. It is a hugely complex matter. We are keen to work on a cross-party basis to shape a final compensation scheme that can deliver justice urgently. We await the final findings of the independent infected blood inquiry chaired by Sir Brian Langstaff. However, there is no reason for the Government not to move forward, especially as the King’s Speech committed to action.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

Is my hon. Friend as surprised as I am that the Government are saying it is not possible to set up the compensation scheme and make payments at this time, because we do not have the final report? For the Post Office Horizon scandal, they are already making payments, ahead of the final report of the public inquiry.

[Kevin Brennan]

Yes, and the answer to the last line of my right hon. Friend’s intervention is, “What is the difference here?” That is a very pertinent question, which I know the Minister will want to answer when he gets to the Dispatch Box to reply to the debate.

I wish to pay tribute to Sir Brian Langstaff and the inquiry team for their work and their unstinting commitment to deliver justice for those infected. I would be grateful if the Minister could update the House on what work the Government have been doing since the publication of the report. I accept that that is part of the Cabinet Office’s responsibility, but it sits with us this evening and, of course, Governments are supposed to be joined up. I know the House would also be grateful for an update on the expected timing of the publication of Sir Brian’s final report, as this issue affects Members across the House. In that spirit, let us try to rise to the occasion and find a way to work constructively on a cross-party basis, but crucially at speed. To be clear, I urge my hon. Friends to support new clause 27, tabled by my right hon. Friend the Member for Kingston upon Hull North, should it be pressed to a Division.

New clause 1 was tabled by the hon. Member for Bromley and Chislehurst (Sir Robert Neill), and he is absolutely right that it concerns a very serious matter. Unfortunately, given the impact of the Government’s effective destruction of the criminal justice system, we lack the infrastructure and resources to keep the public safe, should his new clause be implemented immediately. Our priority is, and always must be, the safety of the British public. We are concerned that if new clause 1 were enacted without provisioning for significant improvements in probation and parole, we would potentially significantly increase the risk to the public and to the prisoners themselves. The Government’s movement on this issue is a welcome first step. I look forward to seeing what further progress can be made by our colleagues in the other place.

On parole, I express our disappointment, generally, regarding part 3 of the Bill, the addition of which diverts attention away from the Bill being a victims Bill. However, I recognise the Government’s acceptance of the basis of our argument, which is contained in new clauses 15 and 16. Those new clauses, tabled in my name, would prevent a Justice Secretary from overturning Parole Board decisions and redirect appeals for an independent decision. I emphasise the critical need for the Government to fulfil their duty to protect citizens, rather than pursuing political gains or attempting to exert control over independent quasi-judicial entities.

The Government are right in recognising the gravity of the substantial challenges in parole, many of which, I am afraid, stem from 13 years of their own misrule, marked by systematic underfunding and undermining of our criminal justice system. We are devoted to upholding law and order, pledging to enhance the Parole Board’s effectiveness and to reinvest in our criminal justice system. We extend an invitation to the Government to align with our endeavours and aspire to foster improvements for victims and prisoners alike.

On the Government’s amendments, there are a lot of them. It is not always the case that the Government are willing to table substantive amendments in the House of Commons. I think it is the right thing to do, rather than keeping them until the Bill arrives in another place. Quite a few of the amendments represent the Government’s alignment with our previous amendments, so it would be churlish of me not to welcome them. After all, imitation is the sincerest form of flattery.

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Simon Hoare)]

Sarcasm is the lowest form of wit!

[Kevin Brennan]

I know the hon. Gentleman is an expert on that subject.

New clauses 22 and 23 represent movement by the Government towards our long-standing campaign for a Hillsborough law. They introduce a statutory definition of “major incident” and “victims”, and legislate for a permanent advocate on the side of victims to speak to their best interests and the treatment they receive from public bodies. Ministers will be all too familiar with our commitment to bring in a Hillsborough law. We tabled new clause 14 to push the duty of candour, which we have already discussed.

I understand there is a possibility the House might divide on new clause 10, tabled by the hon. Member for Westmorland and Lonsdale (Tim Farron). The Conservatives’ failure to prevent illegal sewage leaks has led to a drastic increase in illegal discharges, trashing nature, damaging tourism and putting people’s health at risk. They promised us the affluent society; they gave us the effluent society. Labour believes that when Ofwat concludes that the water companies are inflicting the damage, the cost must be paid by the offending companies and not the taxpayer. The polluter should pay.

Finally, I want to refer to Jade’s law and the work of my right hon. Friend the Member for Alyn and Deeside. His campaigning, along with Jade Ward’s family and the community, has been incredible; they have fought to ensure that no family endures what that family did ever again. My right hon. Friend stood by his constituents, who fought their campaign in an incredible and exemplary manner. It is welcome news that the Government will protect children where one parent murdered the other. I must state some disappointment that elements of the amendment that my hon. Friend the Member for Lewisham West and Penge tabled in Committee were not carried over, too. None the less, it is a celebratory event for Jade Ward’s family and the community, and for my right hon. Friend. We should offer them our thanks and congratulations.

The Government have a once-in-a-generation opportunity to make a real change for victims. I urge them not to waste it. I hope they will support our amendments on that basis, and I hope they continue their trend in following in our footsteps.

[Several hon. Members rose—]

Victims and Prisoners Bill

Kevin Brennan Excerpts

Consideration of Lords amendments
Friday 24th May 2024 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.

[Kevin Brennan (Cardiff West) (Lab)]

This is the last time that I intend to speak from the Dispatch Box in any Parliament. Actually, I have one more statutory instrument to do, so that may not be quite true.

Madam Deputy Speaker, thank you very much for calling me to speak. I thank you for your service to this House in many different capacities over the entirety of my parliamentary career. I hope it does not cause offence in any other quarters if I say that you are my favourite Deputy Speaker, and I am sure that others share that opinion. That is in no way casting aspersions on the quality of your colleagues, but we have known each other and been friends for many years. I wish you good fortune in whatever you do after you leave this place.

I extend equal thanks to the right hon. Member for Charnwood (Edward Argar) for the way he conducts himself as a Government Minister. The way that he deals with colleagues from across the House—with shadow Ministers, Back Benchers and others—is exemplary. He is a class act in that regard, and a model of what many of us should aspire to. I have been a Minister, and I know what a difficult job it is, and what a difference it makes to have a Minister in a Department who takes Parliament, and what Members of Parliament say, seriously; does their best to accommodate opinions and measures suggested by other Members of Parliament; and does not think that the Government have a monopoly on wisdom, or on measures when they bring a Bill to this House. The Minister is prepared to engage in debate and consider amendments, and I thank him for the way in which he conducts himself in this place.

As she is in her place, I will mention the hon. Member for Cities of London and Westminster (Nickie Aiken). Some Members may be aware that many years ago she was a pupil at Radyr Comprehensive School when I was a teacher there, so I did not think that she would leave the House before me.

[Nickie Aiken (Cities of London and Westminster) (Con)]

Or be a Conservative!

[Kevin Brennan]

Indeed. I was obviously a lousy teacher, as she ended up a Conservative Member of Parliament, but I wish her well in the future as she leaves this place. I also send my well wishes to the Chair of the Justice Committee, the hon. and learned Member for Bromley and Chislehurst (Sir Robert Neill), who is a friend from across the House, and who conducts himself in a manner that we can all aspire to.

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[Chris Stephens (Glasgow South West) (SNP)]

I am grateful to the hon. Gentleman for giving way with his typical generosity. Does he agree that it is now important to move quickly? The Cabinet Office needs to meet and engage with the infected and affected community to make sure the compensation payments are right, and to ensure that the community is represented on the compensation authority board.

[Kevin Brennan]

The hon. Gentleman is right, as he often is. I completely endorse his remarks. I thank him for the £50 he will pay to charity after losing a bet with me that there would be a referendum on Scottish independence by the end of this Parliament. I put that on record, not because I do not trust him but because I said that I would send him the name of the charity after today’s debate. He is a man of honour and a man of his word, so I know he will pay up.

On a serious point, I thank the hon. Gentleman for his contribution on this important issue. His background in the trade union movement means that he will always be thoughtful about the essential job of helping the weak against the strong, which is what we are trying to do in this place.

I should also pay proper tribute to my right hon. Friend the Member for Kingston upon Hull North. A few months ago, her amendment to hold the Government’s feet to the fire on this issue caused them to suffer possibly their only defeat in this House during this Parliament, which is quite an achievement.

To echo Sir Brian Langstaff, we must tackle the lack of “openness, transparency and candour” that has left victims suffering for decades. We welcome the movement towards this important milestone, and we look forward to seeing victims get the financial redress they deserve sooner rather than later.

I should say that Les, the husband of my constituent Sue Sparkes, died in 1990 as a result of receiving infected blood.

There has been a lot of discussion and work, involving colleagues from all parties, to recognise the considerable concern surrounding sentences of imprisonment for public protection. IPPs are and were a stain on our nation’s criminal justice system, and we have acknowledged our role in the past. It is right that IPP sentences were abolished, and we share the concerns that lie behind many of the proposals suggested by colleagues, both here and in the other place, in relation to these sentences and prisoners.

We have continually sought to work on this issue constructively and on a cross-party basis, wherever possible, which is why we are pleased to support multiple Government concessions on this matter, including Lords amendments 103 and 107, agreeing to a new annual report and provisions for those sentenced to detention for public protection. I pay tribute to our colleague Lord Blunkett, who has done a great deal of work, perhaps to underdo some of the things he might have been responsible for many years ago.

Progress for those remaining on IPP sentences and on licence in the community is pivotal. We want to ensure that any solutions proposed are robust and assessed with public safety properly in mind, as the Minister rightly said. In government, Labour will work at pace to make progress and will consult widely to ensure that our actions for those on IPP sentences are effective, in their interest and based on the evidence in front of us.

On the MAPPA issues in the Bill, we are glad to have agreed on an overdue and important change in the arrangements in place to protect victims and the public from the terrible blight on our society that is domestic abuse. When the Bill passes, offenders sentenced to more than 12 months for the offence of controlling or coercive behaviour will now be automatically included in the multi-agency regime that exists for violent and sexual offenders. That follows strong support in the other place for more rigorous safeguards in such cases, where too often we see women in particular left to face repeating and escalating patterns of abuse within the relationships where they should be most safe. Labour has big ambitions in government to tackle violence against women and girls in particular—far beyond the commitments in the Bill—but we are nevertheless proud to have put this marker down and to support this measure.

Labour’s commitment to reforming the criminal justice system to ensure that victims are more than just bit players is unwavering. We are pleased to have supported and helped to improve the Bill. Our essential additions, from empowering the Victims’ Commissioner to introducing a duty of candour for public bodies, have highlighted our commitment to the rightful place of victims at the centre of the justice process.

We welcome the Government’s movements in the right direction on pivotal issues such as IPPs and on the Infected Blood Compensation Authority, notwithstanding the remarks I made about the slowness of movement to get compensation out to victims. I thank the Minister for his openness in accepting some of these changes. I look forward to the Bill’s conclusion—very shortly, I hope—and hope that the Act will be a step towards a new era of transparency and advocacy for all victims of crime.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Justice Committee.