Victims and Prisoners Bill

Debate between Kevin Brennan and Diana Johnson

Report stage
Monday 4th December 2023 Commons Chamber

[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.

Contaminated Blood

Debate between Kevin Brennan and Diana Johnson

Tuesday 12th April 2016 Commons Chamber

[Diana Johnson]

I agree entirely. Let me return to the point I was making about liability and the need now to put in place a proper support package, recognising the wrong that has been done. For far too long, the Department of Health has not done that. It appears to me that it has been far more interested in protecting the institutional reputation of the Department and of the NHS than in looking to right a wrong.

In the last Parliament, a concerted effort, from all parties, was made to seek a lasting settlement for all our constituents. The all-party group on haemophilia and contaminated blood led the way in producing a report showing that the current financial arrangements were not fit for purpose, were ad hoc and were overly bureaucratic. The right hon. Member for North East Bedfordshire (Alistair Burt) worked alongside the all-party group, with the Prime Minister’s office, to finally get an apology made in Parliament and an agreement that the Government would consult on a proper support package for all those affected. The Prime Minister’s apology a year ago and the announcement that £25 million would be made available for transitional support was very welcome. So, too, was the promise that there would be a full consultation on a comprehensive support package. I must say to the Minister that not one penny of that badly needed £25 million has yet been spent, and that the consultation on the new support scheme was announced only on 21 January this year—some nine months after the Prime Minister’s statement.

[Kevin Brennan (Cardiff West) (Lab)]

Like many Members, I have a constituent here today. Sue Sparks has been visiting the Palace and is now in the Public Gallery. Is it not the case that the consultation does not seem to chime with the apology? What is on offer in no way seems to reflect what I am sure the Prime Minister meant as a sincere apology.

[Diana Johnson]

My hon. Friend makes an important point. We are now a few days away from the end of the consultation period. I understand that the Minister was advised—wrongly, I think—by her officials that she could not meet the all-party group during the consultation period. I know that that was not the case in Scotland: the Minister there met MSPs and individuals. We called for this debate so that the Minister could listen to the comments of her fellow parliamentarians about the Government’s proposals and then feed them into the consultation.

Personal, Social, Health and Financial Education

Debate between Kevin Brennan and Diana Johnson

Wednesday 16th January 2013 Westminster Hall

[Diana Johnson]

Absolutely. My hon. Friend makes the point very well.

Although Ministers have met none of the groups I thought they might have, extensive evaluations might have been going on of the education programmes available on PSHE. I therefore asked the Secretary of State another question:

“what lifeskills educational programmes (a) he and (b) his Department has evaluated.”

In response, the Minister said:

“This Department is in the process of assessing the strength of the evaluation of Botvin Life Skills Training Programme. Once completed, the assessment will be added to the Department’s open-access database of evaluations of programmes aimed at improving outcomes for young people.”—[Official Report, 17 December 2012; Vol. 555, c. 585W.]

There was therefore a little glimmer of hope, but there was no mention of one of the most successful, biggest and best-informed education programmes developed in the UK, the Good Behaviour Game. I therefore asked another question:

“what representations his Department has received on the effectiveness of the Good Behaviour Game as a lifeskills programme; and if he will commission a review of the effectiveness of the programme within the English curriculum.”

It is worth noting that, at first, the Department thought the Good Behaviour Game was about discipline and not that it was a life-skills programme. It worried me that it did not seem to know the difference. In response, the Minister said:

“The Department has not received any representations in respect of the effectiveness of the Good Behaviour Game as a lifeskills programme. The Government has no plans to commission a review of the effectiveness of this programme.”—[Official Report, 7 January 2013; Vol. 556, c. 81W.]

The Department is obviously not spending a great deal of time looking at or evaluating educational life-skills programmes, so perhaps it is focusing on the individual components of PSHE. I therefore thought I would ask some questions about relationship education. I asked the Secretary of State

“what assessment he has made of the effectiveness of relationship education”—

this goes to the point that was just raised—

“in…combating violence against women and girls and…changing attitudes towards domestic violence; what evidence on these issues has been presented to his Department in the last five years; what plans he has to review any such evidence; and if he will make a statement.”

This answer was a little better. The Under-Secretary of State for Education, the hon. Member for Crewe and Nantwich (Mr Timpson), said:

“There is some evidence, such as Taylor et al 2010, showing that schools-based programmes can improve awareness, attitudes and knowledge of gender violence and harassment prevention. Relationship education can be provided by schools as part of…PSHE…It is for schools to determine what they teach on these issues”.—[Official Report, 17 December 2012; Vol. 555, c. 586W.]

The Minister went on to say that the Department was part of a cross-Government committee that looks at violence against women and girls and that it was “responsible for some actions”—he was not very specific—to deal with the issue. It therefore seems rather depressing that the Department accepts that relationship education can be effective in combating violence against women, but it seems to have no plans as to how that should be promoted.

What is the Department saying about alcohol? I asked the Secretary of State

“what assessment he has made of the role of alcohol education within the curriculum; what representations his Department has received on the nature and effectiveness of alcohol education; whether he plans to review such evidence; and what steps he intends to take to improve the quality and prevalence of alcohol education in schools.”—[Official Report, 14 January 2013; Vol. 556, c. 527W.]

The answer, which is quite shocking, is that the Department

“has not conducted a specific assessment of alcohol education within the curriculum.”

The answer continues:

“From April 2013 a new two-year contract will be in place to deliver information and advice to practitioners, including teachers, in the field of drug and alcohol education. It will build on the best of national and international practice”—

I do not know how the Department will do that, because it does not seem to evaluate anything—

“and ensure commissioners and practitioners understand the evidence-base and use programmes known to be effective.”—[Official Report, 14 January 2013; Vol. 556, c. 528W.]

Will the Minister tell us how that will happen and how it will fit with the drugs education forum? Its role was to bring together good practice from agencies, and it did that for the modest sum of £69,000, which was cut by the Government when they came into power and then hastily reinstated when they realised what a good job it did.

I turn to the PSHE review and drugs education—perhaps things will be better in relation to drugs. Again, I asked the Secretary of State what

“assessment he has made of the role of drugs education within the curriculum; what representations his Department has received on the nature and effectiveness of drugs education; whether he plans to review such evidence”.

The Minister replied:

“Pupils are currently taught about the negative physiological effects of drugs as part of the statutory National Curriculum Programmes of Study for science, and may also receive wider drugs education as part of non-statutory Personal, Health and Economic (PSHE) Education.”—[Official Report, 9 January 2013; Vol. 556, c. 341W.]

It is disappointing that the Government do not seem to understand the importance of comprehensive drugs education in our schools. Drugs has cross-departmental reach, and I thought, perhaps naively, that much work was going on at that level. From another parliamentary question, however, I discovered that Education Ministers have attended the inter-ministerial group on drugs only four times out of 12. I also obtained the agendas for those meetings and, shockingly, drugs education has never been on the group’s agenda.

[Kevin Brennan (Cardiff West) (Lab)]

Was my hon. Friend able to ascertain through parliamentary questions whether the 66% failure to attend those meetings was down to authorised or unauthorised absences by Education Ministers?

[Diana Johnson]

My hon. Friend makes an important point that the Minister will perhaps address.

I am conscious that I have taken up quite a lot of time, but I am concerned that the Government, who have set up a review, seem to have failed to conduct it properly. Although I am sure that all hon. Members recognise the importance of PSHE and life skills, the Government need some lessons in how to govern effectively and how to review evidence and to make decisions based on that evidence.