Criminal Injuries Compensation Scheme 2012 (Amendment) Instrument 2019

Lord Thomas of Gresford Excerpts

Monday 20th May 2019 Lords Chamber

In concluding, I maintain that the amended scheme and Government’s intent are clear. The changes we are making are necessary, fair and reasonable. I beg to move.

[Lord Thomas of Gresford (LD)]

My Lords, I welcome this statutory instrument which makes an improvement to the current scheme, but it should be seen in context. I was a member of the Criminal Injuries Compensation Board from 1985 to 1994. In those days, there were 44 members who assessed eligibility for an award and the quantum on common law damages principles, and it was thought that a person injured by crime should receive no less than a person injured, for example, in an industrial or road accident. It was a non-statutory scheme under the prerogative of the Crown. In 1988, Mrs Thatcher’s Government introduced legislation to put that scheme on a statutory footing—in other words, to make common law damages the basis for compensation—but the statutory instrument to introduce that was never brought into force. In 1994, although legislation for the common law damages basis for compensation existed, it was decided that there should be a tariff scheme under the prerogative powers. That was challenged and, in the end, taken to the Judicial Committee of this House, which held it to be unconstitutional. At that point, I resigned from the board because I thought that this was merely a scheme to keep down compensation.

In 1994-95—the year that I resigned—compensation was awarded to the tune of £152.5 million. I was not alone. Mr Tony Blair, then the shadow Home Secretary, said that nothing so exposed the Government’s claims about law and order as the scrapping of the current system of compensation. He added that thousands of people would be worse off under the new arrangements and many would be substantially worse off. In 1995, Mr David Maclean, the Home Office Minister, said that the amount of compensation was expected to increase to £250 million. The Government changed in 1997 and ultimately the Labour Government introduced the Victims Charter. On 27 March 2001, I moved a regret Motion against a statutory instrument introducing modifications to the scheme. I said:

“What is to happen for victims? There will be better services; £4.6 million will be spent on introducing victim personal statements so that victims can tell the court what happened; £4.2 million will extend witness support services to magistrates’ courts and the Crown Prosecution Service will spend an extra £3 million on making direct contact with victims, either by letter or in face-to-face meetings to explain decisions to drop or alter charges. That is the Victims Charter. By their alterations to this scheme the Government have gone along with the tariff system which, instead of providing £460 million by 2001, as was thought five years ago, now produces £220 million. So they have saved more than half the possible cost of that and are spending £11 million on services that victims generally do not want and which are completely valueless for victims of crimes that are never solved”.—[Official Report, 27/3/01; cols. 230-31.]


The modification introduced today is to get rid of the same-roof principle, which prevented compensation being awarded to people living under the same roof. Back in the 1990s, and even when the scheme was introduced, there was not the same focus on historic sexual abuse cases that there is now. Consequently, the concern of the board was that women living with violent partners should be compensated but that the violent partners should not get anything as a result, so it was a requirement that they live apart. That was the reasoning behind the rule when it was introduced.

We have moved a long way and now live in different times, but I should like to point out that awards by the compensation board in 2017-18 totalled £154 million—in other words, £2 million more than when I resigned in 1994. Therefore, although the amendment is welcome as an improvement to the scheme, let it not be thought that victims are being properly compensated by the scheme for the injuries that they sustain. I retain the reservations that caused me to resign in 1994, including the concern that the scheme does not pay out what it should.

[Baroness Chakrabarti (Lab)]

My Lords, it is always a pleasure to meet the noble Baroness, Lady Barran, at the Dispatch Box but her bringing this instrument today is particularly welcome, as was her careful and clear speech explaining the historic reason for the same-roof rule, which to modern eyes is very difficult to understand, as well as why it is unsustainable now. Thanks are also due to the unsung officials who will have prepared the instrument. I take this opportunity to join the well-deserved tribute to the outgoing Victims’ Commissioner, the noble Baroness, Lady Newlove, who has brought such credibility to that role. She will be a tough act to follow. I am sorry that she is not here to hear these tributes, but I am sure that she will be told of them in due course.

I will not take up your Lordships’ time as there is other important business, but this is incredibly welcome and we wholeheartedly support it on this side of the House.