Victims and Prisoners Bill

Layla Moran Excerpts

2nd reading
Monday 15th May 2023 Commons Chamber

[Layla Moran (Oxford West and Abingdon) (LD)]

At the outset, I would like to say that the Liberal Democrats are of course pleased that we are debating the Bill. It has been a long time coming. As we have heard from across the Chamber, it has taken a good number of years to reach this point. On Second Reading, it is right that we are focused on the positives. It is great that it is here, but let us also focus on how we can make it better and what is missing ahead of Committee. I noted in the Secretary of State’s opening remarks that he knows of one amendment that he is tabling. I hope that that is the first of very many from him and the Government and that they will be open to listening to those across the House, because it has been a consensus-driven debate. Many people have been working on the issue for many years and there is a lot of expertise in the Chamber.

However, certain things that are wrong with the Bill need to be highlighted. For example, it does not give specific provisions for victims of burglaries, fraud or antisocial behaviour. My inbox is full of constituents who are keen that those are specifically mentioned because they are concerned that they will be considered too low-level to be dealt with. I dare say that that is linked hand in glove with a perception that law and order is not taken seriously right now. In Thames Valley, for example, 174 crimes remain uninvestigated every single day, let alone whether the police will come and investigate, whether any charges will be brought, or whether the case will be heard in court. Too many people feel let down by the criminal justice system. It seems complex, alienating and ineffective. The Bill is a missed opportunity to tackle some of those issues.

The Liberal Democrats welcome the Bill’s founding aims of improving end-to-end support for victims of crime and amplifying victims’ voices in the criminal justice system. In particular, we are pleased to see the victims code setting out the minimum level of service that victims can expect from criminal justice agencies enshrined in law. However, we question how much it will change the victim experience in practice.

The Justice Committee said that this is not strong enough to deliver the cultural change needed in the treatment of victims in the criminal justice system. Even clauses related to the victims code enshrine just four broad overarching principles in primary legislation, rather than a comprehensive set of standards with legal purpose. That code, as we have heard, is not legally enforceable. I hope that Ministers have heard loud and clear in the debate how important the House feels that point is. It is all very well having a code but, when it goes wrong, what is the recourse? I am sorry, but a newspaper headline saying, “x people and x agencies found that the code was not abided by” is not going to cut it. We can do better than that and Parliament’s clear will is that we should. I hope that the Minister takes that on board; that was mentioned in so many speeches.

Funding is almost just as much a cause for concern. I listened carefully to the Secretary of State when he said that funding has increased. That is great and everyone of course welcomes that. However, I urge him to look not at how much it has increased by from a low baseline, but at what is needed to deliver what we all want. Ultimately, we want people to feel that victims are properly supported in the system. Let us listen to, for example, survivors of domestic abuse. Women’s Aid Federation England estimates that adequate sustainable funding for specialist community-based services would cost £238 million a year. Eighty-five per cent. of frontline workers surveyed in a report by the domestic violence charity Refuge said that their service was being impacted by insufficient funding. So for real change to take place, by all means, say what has increased, but also look at what is needed. That is the shortfall that I am sure all of us in the Chamber are more interested in. Is it actually delivering what we hope it is?

In various speeches, there has been reference to having to start early with young people to make them aware of their rights. I highlight the campaign of my constituent, Faustine Petron, who came to see me in a village hall when I was doing my summer village tour. She has started a campaign called “Make it mandatory”. She set that up as a survivor of domestic abuse with nine friends, who recognise that, as young people in the school system, they had no idea about their rights, consensual relationships or any space for them to discuss that. I appreciate that that is for the Department of Education, but I sincerely hope that the Ministry of Justice will converse with the Department for Education on what can be taught in schools, particularly on the rights under the victims code that will be enshrined in law. That would be very much in line with what Faustine and her brave survivor campaigners would want.

The last thing that I will talk about specifically, which again came from my surgery—this all comes from us, as MPs, talking to our constituents—is non-disclosure agreements. I was approached by young women at Oxford University who had been effectively silenced by their colleges because, following incidents of rape and sexual abuse, they were asked to sign gagging clauses from their colleges. They were sold to them at the time as, “This is for your protection.” I cannot begin to describe the effect that that had on these young women. It stopped one of them talking to her GP. The clause said, “If you break this clause, you are going to lose the right to study at this university.” It was not explained that she could talk to her parents or to her GP. It is just nonsensical. That was not an isolated incident; young woman after young woman came to me from different colleges, and it soon became obvious that it was a pattern of behaviour. They then linked up with other campaigns across the country and realised that there was a pattern of behaviour at universities.

The issue was picked up, quite rightly, by the Government. I think that the hon. Member for Birmingham, Yardley (Jess Phillips) tabled an amendment and the Government accepted it. Now, non-disclosure agreements are banned in universities, but they are allowed everywhere else: charities, businesses and political parties. We know that they happen in political parties, as they have been reported. They should not be happening at all in those specific cases. If Ministers want to know more about this issue, I have a Bill ready that mirrors the wording that was passed in legislatures in Canada—this has happened before.

The point is that non-disclosure agreements should not be banned in one type of institution in this country—the Government have conceded that ground—yet still be allowed in other institutions and organisations. We can put that right in this Bill. I pay credit to the right hon. Member for Witham (Priti Patel); when I met her as Home Secretary, she said that this Bill might well be the vehicle for us to do that. The campaign has broad cross-party support. It came from constituents, who raised it in the first place. It has been in various manifestos for the best part of a decade. I urge the Secretary of State and the Minister to engage with the campaign. We have spent a long time working on it. It is time that the voices of victims are amplified. At the very least, can we make sure that they are no longer silenced?