Victims and Prisoners Bill

Lord Coaker Excerpts

Committee stage
Monday 26th February 2024 Lords Chamber

[Lord Coaker (Lab)]

My Lords, I apologise for not having contributed to debates on the Bill as it has gone through its various stages. I spoke to my Front-Bench colleagues and the others who have added their names to this amendment, and I want to bring my experience as the independent chair of the Nottingham Community Safety Partnership, as laid out in the register of members’ interests, by speaking briefly to this amendment.

I welcome the Government’s intention to move from MAPPA to MAPPS and all the various comments I have read that have been made throughout the passage of the Bill about the importance of change. However, the reality is that, whether it is called MAPPA, MAPPS or something else, without the sort of change that my noble friend Lord Ponsonby, the noble Baroness, Lady Brinton, and the noble Lord, Lord Russell, and others have mentioned, nothing will change.

I am sick of having domestic homicide reviews. They say exactly the same thing, time after time. It is not a lack of desire or care on the part of the people involved; the system simply does not work. We have a situation where people do not share data because they do not think that they are allowed to—even though everyone says, “Oh, that’s ridiculous. Of course they’re allowed to”. The Minister of the Crown has to get hold of this; he needs to tell people to share the data in order to save lives—because they do not do so.

I am sorry to keep going on about this, but I am sick of reading about the same problem occurring, time after time: information is not being shared and people say that they did not know about this or that it was supposed to have happened. Again, it is not the dedication of the people that is in question—they all care and want to do good—but we need to know what is happening that does not allow it to take place.

The Minister has to get a grip of this. It does not matter whether it is called MAPPS or something else; without a change, nothing will improve. I know that that is the intention of the Government—of course their intention is not to make it worse—but what are we going to do about it?

I will tell the Committee about another problem. At times, the meetings are packed—absolutely rammed—with people representing, for hours, different parts of the system. What I say is that everybody is responsible but nobody is responsible. I repeat that: everybody is responsible because everybody cares, but nobody is responsible. The question is: who holds the ring? Who is the person accountable for ensuring that something is done and delivered, whether it is a review of a domestic homicide or prisoners coming out and being subject to the MARAC or MAPPS, as it will be called?

My final point is that the delivery of this from an office—I do not mean that disrespectfully—to a house or street is absolutely crucial, and yet nobody has done anything. I will give the Committee an instance. The Government have recruited new police officers—I am not making a political point—and so we have new front-line police officers, who are often very young and very willing, with the desire to do well. When they go to a prisoner out on licence or to a domestic incident, many of them go in blind, because they are young and inexperienced and have no idea what to do. They try to assess whether there is a threat to life, but, as we know, often with domestic homicides there is no immediate, obvious threat to life. That is the nature of domestic violence and, unfortunately, sometimes of domestic homicides; the offenders do not wear a sign saying, “I am going to kill someone”. The police officer goes there, as a 999 response officer, and deals with the immediate emergency as he or she sees it. Realising that there is no immediate threat to life, as far as they are aware, the police officer leaves.

Sometimes, the information that that has happened is not passed on. Sometimes, the police officer is rung again—“Come back, there is a problem”—and they go back but there is nothing going on. It is not as though somebody is running around with a gun, ready to shoot. If that does not change, it will not make a shred of difference whether you call it “MAPPS”, “super-MAPPS”, “extra-MAPPS”, or “brilliant-MAPPS”.

The Government want to make a difference, so they have to do something about the mechanism by which everybody is responsible but nobody is responsible, about what happens with the front-line delivery, and about the sharing of data and information. That is patchwork at best. My noble friend Lord Ponsonby, the noble Baroness, Lady Brinton, and the noble Lord, Lord Russell, say that the report has to address those problems. But the Minister does not need a report in 12 months; he could get on the phone or get a meeting now and ask why it is that the law allows you to share data but you are not.

My question to the Minister is this. When people say that they cannot share data in MARACs, or whatever else, are they right? Are they in a situation where they can do that? I think that they are wrong; I think that they can share that information. As a start to what the noble Lord, Lord Russell, the noble Baroness, Lady Brinton, and my noble friend Lord Ponsonby asked, why does the Minister not write to every single MARAC in the country and say, “Notwithstanding the Victims and Prisoners Bill that is going through Parliament, the existing law allows you to share information. Don’t worry, you will not be prosecuted or get in trouble for doing that”. They do not believe that—we may all say that that is ridiculous but that is the reality. What I want is for the Government to address on the ground the reality of what is happening. The Minister needs to get involved and do that. The Government want it to improve, as of course we all do, but that change is needed for an improvement to happen.

[Baroness Hamwee (LD)]

My Lords, the noble Lord, Lord Coaker, might like to know that, in evidence that the Justice and Home Affairs Committee took recently on community sentences, we came across various NGOs that were stuck because they were frightened of sharing information. It held up the system; it completely stopped things working as they should and could have.

--- Later in debate ---

[Lord Roborough (Con)]

My Lords, I thank the noble Lord, Lord Ponsonby, for his amendment regarding the Multi Agency Public Protection System, MAPPS. I understand that the debate has not really been very much to do with MAPPS, but I will first address the amendment, which does address it. Amendment 148C would place a duty on the Secretary of State to publish a report on progress of the development of MAPPS for prisoners subject to notification requirements and licence conditions under the Victims and Prisoners Act 2024, within 12 months of Royal Assent.

It may be helpful if I provide some explanation of MAPPS. This will answer some of those questions, but I have better answers at the end. MAPPS is a Home Office IT project, currently jointly funded with the Ministry of Justice, to enable the improved management of dangerous offenders, including violent and sex offenders, under Multi Agency Public Protection Arrangements, or MAPPA. It is intended to replace the current case management system, the ViSOR database, which has been the main IT tool used by the police, probation and prison services since 2005.

The current database, ViSOR, while stable, is now almost 20 years old. The Home Office and the Ministry of Justice began work on MAPPS in 2020 to enable criminal justice agencies to share information in real time and improve their risk assessments and the management of all MAPPA nominals. That can include domestic abuse perpetrators and stalkers, as referenced in Amendments 148A and 148B.

I am sure we all agree that it is essential that police and other MAPPA agencies have the tools they need to manage the risk posed by serious offenders, and MAPPS will do just that. The new functionality will include greater capacity; a more intuitive system with push notifications; and increased mobility. MAPPS, as a new and modern system, will be more responsive to agency needs, and adaptable to any new notification requirements.

As noble Lords would expect for a project so important to public safety, we are being diligent in our approach to MAPPS development. MAPPS is a custom product, being built to meet the bespoke needs of police, prison and probation officers as well as other MAPPA authorities. While third-party contractors are used, given other discussions on the Bill, I am sure that noble Lords will want to note that Fujitsu is not involved in MAPPS development and never has been.

We welcome the interest in the MAPPS programme and, while the work is ongoing, the Government will of course further update Parliament on its development and implementation. Given that MAPPS is already being designed specifically to meet the needs of those agencies involved in the management of all MAPPA offenders, in conjunction with those very agencies, I do not consider that the proposed report would say anything more than has already been mentioned, and it is therefore unnecessary.

I turn to the debate that we have had in Committee. MAPPA deals only with convicted offenders under four categories, but much of the debate has been about information sharing in a way that is not consistent with that use of it. In answer to numerous noble Lords—the noble Lords, Lord Coaker, Lord Ponsonby and Lord Russell of Liverpool, and the noble Baronesses, Lady Newlove and Lady Brinton—on data sharing, the PCSC Act put beyond doubt the authority of agencies to share relevant information for the purposes of assessing and managing an offender’s risk, and to enable agencies and individuals who do not have a duty to co-operate to share information where they can contribute to the assessment and management of an offender’s risk. These measures clarified existing arrangements and will ensure that agencies understand how any sharing of information for the purposes of MAPPA management interacts with the obligations contained in the data protection legislation.

In answer to the noble Baroness, Lady Brinton, we are bringing coercive individuals under the management of MAPPA but it is potentially under the lower categories 2 and 3, as I mentioned in the previous debate. There have been numerous questions. I am sure I have not answered them all and I will write to noble Lords.

[Lord Coaker (Lab)]

The amendment in the names of the noble Lords, Lord Ponsonby and Lord Russell, and the noble Baroness, Lady Brinton, gives the Minister of the Crown the opportunity to jolt the system to tell people dealing with prisoners under licence or with potential domestic homicide incidents—within these multi-agency arrangements, whatever they are called or are going to be called—“You can share information in a way that you don’t believe you currently can”. If the Minister does that, it will save lives.

As I said, I am sick of reading domestic homicide reviews where people are killed and then, time after time, it turns out that it might have been avoided if information had been shared, but the people involved did not think they could do so. Why does the Minister not say to them in some way—in writing or from the Dispatch Box, using his powers as a Minister—that they can? That would make an immediate difference.