Victims and Prisoners Bill

Lord Roborough Excerpts

Committee stage
Monday 5th February 2024 Lords Chamber

[Baroness Meacher (CB)]

My Lords, I will speak extremely briefly, because others have spoken at great length, to support very strongly Amendments 67 and 69 and to applaud the noble Baronesses, Lady Thornton and Lady Brinton, and the noble Lord, Lord Russell, for seeking to ensure that the Secretary of State provides guidance for stalking advocates along with guidance for domestic abuse and sexual violence advisers.

As we know, stalking all too often ultimately leads on to criminal violence against women. An important measure ultimately preventing violent crime against women is to provide this support and advice for stalking advocates. It is far better than waiting for violence to occur before intervening. These are much more important amendments than they might appear.

[Lord Roborough (Con)]

My Lords, government Amendment 74 has been tabled to place a duty on the Secretary of State to issue guidance about victim support roles specified in regulations and to give the Secretary of State a power to make regulations that specify those roles. This replaces the current Clause 15, which specifies that guidance must be issued about independent sexual violence advisers and independent domestic violence advisers.

Through the Bill’s passage to date, we have carefully listened to concerns that naming particular roles in the Bill could be misinterpreted by funders as the Government prioritising these roles above others. We remain clear that ISVAs and IDVAs are only two roles within a rich and diverse support sector, meeting a range of victim needs, and that the right mechanisms are in place to ensure that funding for services is determined on the basis of local need for a resilient and cost-effective support offer. But we are conscious that the debate about naming certain roles in the Bill risked overshadowing the purpose of the clause, which is simply about improving a consistency of certain roles. While we know that this is not an issue or intervention wanted or needed for all support roles, we have also listened to arguments put forward that there are other support roles that might benefit from the improved consistency provided by national statutory guidance.

Therefore, this amendment avoids naming any victim support roles in the Bill. It instead provides the more flexible mechanism afforded by regulations to set out the relevant roles for which guidance must be issued, for use now and in the future. We intend to still use this only in cases where consistency of service provision is of sufficient concern to warrant national statutory guidance. This of course remains the case for ISVAs and IDVAs.

I am pleased to announce today that following constructive debate and engagement, the Government agree that such guidance is warranted for independent stalking advocates. They do vital work to support victims of these terrible crimes, as highlighted in the coroner’s report following the inquest into the tragic death of Gracie Spinks. Clear national guidance on the role of independent stalking advocates will be an important step in improving support for stalking victims. In response to my noble friend Lady Newlove, the Government can of course commit to consulting thoroughly with all stakeholders. We will require guidance to be issued on support services named in regulations. We will shortly publish draft regulations that will list independent domestic violence advisers, independent sexual violence advisers and independent stalking advocates. We have therefore heard the point on the value of ISAs and will require guidance to be issued.

I offer my thanks to the Victims’ Commissioner, my noble friend Lady Newlove, and the domestic abuse commissioner, Nicole Jacobs, for their engagement on this clause, to the National Stalking Consortium, convened so well by the Suzy Lamplugh Trust, and to the wider victim support sector, which is assisting the Government in developing the relevant guidance.

Turning to some of the points that have been raised in this helpful debate, I hope I can reassure the noble Baroness, Lady Thornton. The Criminal Justice Bill does not have any stalking-related measures, but stalking victims have further been supported by the following legislation since 2012. The Stalking Protection Act 2019 aimed to protect people from the risks associated with stalking. Stalking can fall within the scope of the Domestic Abuse Act 2021 where the perpetrator and victims are 16 or over and personally connected. With the Protection from Sex-based Harassment in Public Act 2023, if someone commits an offence under existing Section 4A of the Public Order Act 1986, and does so because of the victim’s sex, they are liable for a higher maximum penalty. Finally, the Online Safety Act 2023 names Section 2A and 4A offences as priority offences.

I turn to some of the points raised by the noble Lord, Lord Russell of Liverpool. The Government of course recognise the value of ISAs—and I have recognised it in this amendment today—and have provided additional funding to stalking charities to help support victims, including funding specifically for advocacy. The Home Office part-funds the National Stalking Helpline, run by the Suzy Lamplugh Trust, providing £160,000 annually between April 2022 and 2024.

Through the Government’s up-to £39 million domestic abuse and stalking perpetrator intervention funds, PCCs for Cambridgeshire and Peterborough, Cheshire, Kent, Sussex and the West Midlands are delivering interventions for perpetrators of stalking, and support for victims. An evaluation partner has been appointed so that we can develop an evidence base from this fund that works to protect and support victims. It is fair to say the Government can always do better, and we welcome a response to many of the points that have been raised and any dialogue between the department and interested parties.

In response to the noble Lord’s point about the Suzy Lamplugh Trust’s super-complaint to the police, we recognise the devastating impact stalking can have and expect the police to take reports seriously and to take swift action. We thank the trust for submitting this complaint—the Government will follow its progress with interest and have already provided relevant information about some of the issues to the investigating organisations.

To, I hope, reassure the noble Baroness, Lady Brinton, we have been engaging with stakeholders about the inclusion of ISAs throughout the passage of the Bill, and we are pleased to be able to confirm that we intend to specify in regulations that ISAs are included in the duty of the Secretary of State. As I mentioned earlier, our point is that these advocates are of equal status, and we do not want to create a hierarchy, so inclusion puts them on the same level as ISVAs and IDVAs.

On the points about information and how these offences are treated, stalking is an offence that often escalates over time—as we have heard earlier in this debate. That is why it is important to take preventative steps to protect victims of stalking at the earliest possible opportunity. In January 2020, the Home Office introduced stalking protection orders, which aim to address perpetrators’ behaviours before they become entrenched or escalate in severity. The Government have also awarded up to £39 million, as I mentioned, for the domestic abuse and stalking perpetrator intervention funds. Finally, victims can access support at any stage of their journey through the National Stalking Helpline, which is run by the Suzy Lamplugh Trust and funded by the Home Office.

As we are bringing forward this amendment, and intend to specify ISAs in regulations, I urge the noble Baroness, Lady Thornton, not to press her amendments requiring guidance to be issued for independent stalking advocates. I hope that this demonstrates that the Government are committed to ensuring that victims of these terrible crimes receive the right support.

[Baroness Brinton (LD)]

Before the Minister sits down, he said there is no need to add or specify independent stalking advisers because there is no other specific reference, but in Clause 15(1) there is a reference to “domestic violence advisors” and “sexual violence advisors”. That is the problem, because some advisers are named and, unfortunately, stalking advisers are not. If they are not in the Bill, they will not go down—right the way down to the front line—as people who need to be approached.

[Lord Roborough (Con)]

I thank the noble Baroness for her point. While we are clear that there should be no hierarchy of support, and we know that ISVAs, IDVAS and ISAs are most effective when part of a wider support network, I will take that point away and consult the Minister.

[Baroness Thornton (Lab)]

I thank the Minister for his comprehensive remarks and for his explanation about why Clause 15 is being replaced. I sought advice from the noble Baroness, Lady Newlove, and from other organisations which I knew had been in discussion with the Government. I am advised that the reason the Government have put forward their amendment is that they have met stakeholders and that the original plan to place ISVAs and IDVAs in the Bill was a concern that came from the violence against women and girls sector and was shared by the children’s sector and modern slavery and stalking charities. There was a concern about creating a hierarchy and, therefore, I understand the Government’s motivation for replacing Clause 15.

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[Baroness Thornton (Lab)]

My Lords, I congratulate my noble friend Lord Foulkes on his suite of amendments. I am not surprised that he has tabled them; he is quite right that older people need particular support and help as victims of violence. We can imagine why that might be the case. It feels like we should not really have to say it, but it is the case, and this is an important suite of amendments, which I hope the Minister will invite to be part of the wider discussion that we will have about how different groups can be supported as victims as we move forward. That goes without saying.

I say to the noble Baroness, Lady Fox, that I am confident that the arrangements to be put in place will comply with the Equality Act 2010.

[Lord Roborough (Con)]

I thank noble Lords for their contributions to this debate on two related amendments. The amendment of the noble Lord, Lord Foulkes of Cumnock, would require the Secretary of State to publish guidance about older people’s IDVAs and ISVAs. The Government recognise the vital support that older people’s advisers provide to older victims of these terrible crimes. The advisers offer invaluable emotional support, provide a focus on safety and help them navigate the criminal justice system.

As I have indicated in relation to the amendment on children’s ISVAs and IDVAs, the Government are open to considering the case for guidance for other types of roles, although my starting point is that guidance for these roles will be covered within the planned umbrella guidance for ISVAs and IDVAs. This will cover a range of specialisms, including the different considerations needed for older people.

I reassure noble Lords that we are continuing to draft guidance with the support of a working group made up of various representatives across the sector, including Hourglass, which does a fantastic job supporting and advocating for older victims of abuse, so that we get it right. The dedicated section on tailoring services to meet victims’ needs covers the particular needs that older victims may have.

I thank the noble Baroness, Lady Fox, for speaking to the amendment that seeks to require the IDVA and ISVA guidance to include provision about allowing victims to ask to be supported by an IDVA or ISVA of the sex of their choosing, and the Government would agree to a meeting with Sex Matters.

I reassure the noble Baroness that the Government have made it clear through the victims funding strategy that victims should be at the heart of every decision a commissioner or service provider makes. Service providers are best placed to tailor services to individual victims and decide the most appropriate person to support them. They will take into account the needs and preferences of the victim, the availability and capacity of staff, and staff members’ skills and experience, to ensure they can meet the victim’s needs.

This amendment seeks to require that the ISVA and IDVA guidance cover this topic. As there are a wide range of relevant issues that this guidance covers, we do not propose to list each issue in the Bill, but I can confirm that the draft guidance will have a dedicated section on tailoring services to meet victims’ needs. This includes setting out the different considerations for supporting both male and female victims, which may include considering the sex of their ISVA or IDVA.

The noble Baroness raised one particular circumstance, but there could be a number of reasons why a victim may wish to request a particular support worker—for example, language, age or cultural needs. The Bill is not the right place to set out these considerations, nor how a service should respond. Service providers are best placed to make those decisions and must also comply with the Equality Act 2010, as the noble Baroness pointed out, in the provision of all services that they operate. I hope this demonstrates that the Government are committed to ensuring that victims of these terrible crimes receive support, and I hope the noble Baroness will not move this amendment.

Lastly, Amendment 67A would require the Secretary of State to publish guidance on other relevant specialist support services. Such guidance would cover a wide range of services. It is not clear, without knowing which support roles this amendment is intended to cover, that such services need or would value government-issued guidance to support or improve the consistency of their service. Government Amendment 74, which amends Clause 15, provides a more flexible mechanism afforded by regulations to set up relevant victim support roles for which guidance must be issued.

I turn to a couple of the other points raised during this debate. The noble Baroness, Lady Fox, mentioned whether services should provide single-sex spaces for victims. The Government are committed to ensuring that victims get the right support at the right time and that that support is tailored according to needs. The Equality Act 2010 sets out that providers have the right to restrict use of spaces on the basis of sex where it is a proportionate means of achieving a legitimate aim.

In response to a point made by the noble Baroness, Lady Brinton, about guidance based on age, the draft guidance has a specific section on how IDVAs or ISVAs may respond to meet the needs of different types of victims, which includes examples of how they may tailor their support to meet the distinct needs of female and male victims. The guidance also highlights that some victims may prefer to be supported by a worker of their own sex or age and may prefer to access single-sex services where available.

[Lord Jackson of Peterborough (Con)]

I think it is rather early to be saying, as the Minister did, having not read the Sex Matters report, that delivery organisations are best placed to make their own policies. The report finds that they are trying to negotiate a maelstrom of difficulties, so for the Government to take a set view that the delivery organisations are best placed to do this, using the rationale of the Equality Act 2010, is not sufficient.

I should also say that I expected a less peremptory response from the Labour Front Bench to the very well-argued amendment.

[Lord Roborough (Con)]

I am afraid that the response to my noble friend is that the Government are absolutely adamant that service providers are the right people to make these decisions. They deal with a number of different concerns from victims and have to balance those against the resources available to their organisations.

[Baroness Fox of Buckley (Non-Afl)]

I know that noble Lords want to move on, but the key to what I was saying is that service provision has been compromised by political and ideological interventions. If anything, this undermines the very exemptions in the Equality Act. I am afraid that saying “It’s up to them”, when they are the problem, potentially, is not quite going to cut it.

Could the Minister at least take back to the department that we will be returning to this issue on Report? It is very important, and we need some clarification. Maybe it can come after the meeting with the Sex Matters report writers, but saying that the status quo prevails does not work in this instance.

[Lord Roborough (Con)]

I am very happy to take the noble Baroness’s comments back to the Minister and the Government, and to discuss them.

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Moved by

[Lord Roborough]

74: Leave out Clause 15 and insert the following new Clause—
“Guidance about specified victim support roles(1) The Secretary of State must issue guidance about specified victim support roles.(2) In this section—“specified” means specified in regulations made by the Secretary of State;“victim support role” means a role performed by individuals which involves the provision of support to victims of criminal conduct (where the support relates to that conduct).(3) A victim support role may be specified by reference to (among other matters)—(a) the circumstances in which the role is performed;(b) the type of support provided in connection with the role;(c) the type of criminal conduct in relation to which such support is provided.(4) Guidance under this section about a victim support role must include provision about—(a) the support provided in connection with the role;(b) training and qualifications for individuals who perform the role;(c) how individuals who perform the role, and other persons who have functions relating to victims or any aspect of the criminal justice system, work together.(5) Guidance under this section must (where relevant) make provision in relation to victims who are children or have protected characteristics within the meaning of the Equality Act 2010.(6) Any person who has functions of a public nature relating to victims, or any aspect of the criminal justice system, must have regard to guidance under this section where—(a) the person is exercising such a function, and(b) the guidance is relevant to the exercise of that function.(7) Subsection (6) does not apply to anything done by any person acting in a judicial capacity, or on the instructions of or on behalf of such a person.”Member's explanatory statement
This amendment requires the Secretary of State to issue guidance about victim support roles of types specified in regulations.