Policing and Crime Bill

Liz Saville Roberts Excerpts

Ping Pong: House of Commons
Tuesday 10th January 2017 Commons Chamber

[Brandon Lewis]

As I say, the Government will review the consultation, and I know the Secretary of State will look carefully at that. We are committed to not making decisions until the completion of the judicial proceedings. Hon. Members will also be aware that the Speaker has certified this amendment as engaging financial privilege. Our view is that amendment 24 is, at this time, unnecessary, inappropriate and ill-timed.

The Government fully understand the reasoning behind Lords amendment 96, which seeks to provide public funding for legal representation for bereaved families at inquests. It may be almost seven months since this House lasted debated this issue on Report, but the Government’s position has not changed. Our view remains that we should await the report, expected this spring, from Bishop James Jones on the experiences of the Hillsborough families. The Opposition have argued that this issue goes beyond Hillsborough. I do not dispute that, but the experiences of the Hillsborough families will have significant relevance for other families facing different tragic circumstances, and the issue of legal representation at inquests will undoubtedly be one aspect of those experiences. Bishop James’s report will provide learning that could be of general application, so it is entirely right that we do not now seek to pre-empt his review, but instead consider this issue in the light of his conclusions. For that reason, I put it to the House that this amendment is premature. As with the other Lords amendments we are debating, we must take into account the potential significant financial implications of amendment 96. Of course, the resource implications of the amendment are just one consideration, but it cannot be ignored, and, again, the Speaker has also certified the amendment as engaging financial privilege.

Finally, Lords amendments 136 to 142 seek to make further provision in respect of victims’ rights and entitlements. These amendments ignore the extensive reforms and modernisation we are undertaking to transform our justice system, and to protect vulnerable victims and witnesses, and, where appropriate, spare them the ordeal of appearing in court, through an increased use of video link systems and by rolling out pre-recorded cross-examination. The amendments would result in an unstructured framework of rights and entitlements that is not founded on evidence of gaps or deficiencies in what already exists, or even of what victims of crime want and need. Some amendments are unnecessary because they duplicate existing provisions and practices, or are being acted on by the Government already.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

When will the Green Paper considering the need for a victims’ law, which was first mooted in February last year, actually be published?

[Brandon Lewis]

We are committed to introducing measures to strengthen further the rights of victims, and it is important that we have taken the time to get this right. We will announce our plans in due course. It is important to be clear that Lords amendments 138 and 139 are, therefore, similarly unnecessary, as the training of all staff in the criminal justice system is taken very seriously.

On Lords amendment 141, on quality standards, the Victims’ Commissioner’s role already encompasses encouraging good practice in the treatment of victims and witnesses, and the operation of the victims code, which is a detailed set of victims’ entitlements. In addition, police and crime commissioners, who commission local victims’ services, enter into grant funding agreements with the Secretary of State for Justice to receive the funds to do so. Those agreements set out a range of minimum standards for the services provided. We are currently reviewing existing standards relevant to victims’ services to make sure that we have the best possible framework in place.

The amendments, individually and taken together, are un-costed, vague and duplicative. They could impose significant obligations and financial burdens on the criminal justice system.

On Lords amendment 142, it is not clear what the purpose of directing a homicide review would be. In any case, it is unnecessary. There is already a statutory requirement for a review to identify the lessons to be learned from the death in domestic homicide cases.

Putting aside the many difficulties we have with the detail of the amendments, the Government are already looking at what is required to strengthen further the rights of victims of crime. We are looking at the available information about compliance with the victims code and considering how it might be improved and monitored. We are focused on making sure that we get this work right. We will ensure that any future reform proposals are evidence-based, fully costed, effective and proportionate.

As I have indicated, the intention behind many of the Lords amendments is laudable. On Lords amendment 134, we are persuaded that the case has been well made for increasing the maximum sentence for the more serious stalking and harassment offences involving fear of violence. I congratulate my hon. Friends on the work they have done on that.

As for the other Lords amendments, as a responsible Government we do not want to adopt a scattergun approach to legislation. Nor can we afford to be free and easy with taxpayers’ money by incurring substantial new spending commitments without offering any indication as to where the additional resources are to come from.

--- Later in debate ---

[Lyn Brown]

I am grateful to the hon. Gentleman for making that point.

We also support Lords amendments 136 to 142, which were tabled by Baroness Brinton, along with consequential amendment 307. Those amendments are designed to improve the way in which the criminal justice system interacts with victims of crime, and they are based on the work of my hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer). I presume that the amendments will be acceptable to the Government because, as we have heard, they would enact the 2015 Conservative manifesto commitment to introduce a victims’ bill of rights. Let me remind the Minister of what that manifesto says:

“we will strengthen victims’ rights further, with a new Victims’ Law that will enshrine key rights for victims”.

I understand that the former Minister, the right hon. Member for Hemel Hempstead (Mike Penning), already committed to a Green Paper on this issue in a private meeting with the campaign group Voice 4 Victims in February last year, but we are yet to have sight of that. This Bill is the ideal opportunity to take the matter forward, so I encourage the Government, even at this late stage, to think again and not oppose the amendments.

The House will know that victims’ rights are protected in the victims code, which was introduced in 2005 by a Labour Government. We still support that code, but the rights included in it are not legally binding, and in the past few years it has become clear that a firmer legal basis is required to give distressed and vulnerable victims the protection that they need.

[Liz Saville Roberts]

Does the hon. Lady agree that if the 2012 European directive on victims’ rights were put on a statutory footing in England and Wales, we would be following the lead of that which happens in Scotland already?

[Lyn Brown]

The hon. Lady is absolutely right, but I think that talking about Europe might be too much of a red flag in this Chamber.

If the amendments are agreed to, they will create a statutory duty on elected police leadership to produce an area victims plan depending on local needs, and they will require the commissioner for victims and witnesses to assess the adequacy of such plans. Finally, the amendments will empower the Secretary of State to order a homicide review—basically, a cold case review—when nobody has been charged with a crime. Taken together, the measures would allow the victims code to be better enforced and ensure that our criminal justice system works better for the victims of crime. The Government will, I hope, offer their wholehearted support to these amendments.

Finally, I turn to Lords amendment 134, with consequential amendment 305, which was proposed by my noble Friend Baroness Royall. The amendment would increase the maximum penalty for those found guilty of stalking from five to 10 years. In cases where the offence is racially or religiously aggravated, the maximum penalty would be increased from seven to 14 years. We are delighted that the Government have chosen to accept our case, and I congratulate my noble Friend and all who have pursued the campaign.

Home Office data suggest that as many as one in five women and one in 10 men will be stalked at some point in their lives. Just because stalking is common, it does not mean that it is not a serious matter. Stalking destroys lives. It violates an individual’s right to privacy, and therefore destroys their personal freedoms. It causes fear, and rightly so, since too often it is a precursor to violent confrontation.

I know that sentencing guidelines and specific sentences are the responsibility of the Sentencing Council and judges respectively. However, extending the maximum penalty will allow for greater flexibility in the most serious cases and make it clear that stalking is a serious offence. The Labour party has provided the Government with the opportunity to give judges the necessary flexibility to hand out appropriate sentences to serious criminals. I am delighted that the Government have seen the need for that and responded appropriately.