Policing and Crime Bill

Lyn Brown Excerpts

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

[Brandon Lewis]

As I said just a few moments ago, we do want to look at strengthening victims’ rights, but we want to make sure that we do so in a correct, appropriate and proportionate way. I want to do that work, and in due course we will come forward with those proposals and ensure that we are doing it properly. Taking into account the work we are doing, Lords amendments 24, 96 and 136 to 142 are at best premature and at worst confused, unfocused and unnecessary. As such, we argue that they should be rejected by this House.

[Lyn Brown (West Ham) (Lab)]

Happy new year to you, Mr Deputy Speaker, and to the Minister.

We support Lords amendments 24, 96 and 136 to 142, along with consequential amendments 159, 302 and 307, and we will vote to retain them in the Bill. We also supported the original amendment 134, with consequential amendment 305. We are glad to see that the Government have changed their position, so we will not oppose their amendment in lieu of Lords amendment 134.

I thank those in the other place who have worked to bring these issues to our attention, particularly Baroness O’Neill and Baroness Brinton. I congratulate my noble Friends Lord Rosser and Baroness Royall, whose determination and outstanding advocacy for the most vulnerable in our society has led to the Government accepting our amendments to the stalking code. Each of the substantive issues before us is deserving of a full debate in its own right, but we have only a short amount of time. I will deal with each in turn.

Lords amendment 24—Lords amendment 159 is consequential to it—is a new clause that requires the Government to commission an independent inquiry into the way in which the police handle complaints relating to allegations of corruption between the police and newspaper organisations. It is commonly known as the Leveson 2 amendment, because it is similar in scope to the proposed second part of the Leveson inquiry. As was announced by Judge Leveson on 14 September 2011, this is a proposed examination into

“whether the police received corrupt payments or were otherwise complicit in misconduct”

and into any failure of the police and others properly to investigate allegations relating to News International and other news organisations. In 2012, the then Prime Minister, the right hon. David Cameron, said:

“When I set up this inquiry, I also said that there would be a second part to investigate wrongdoing in the press and the police, including the conduct of the first police investigation.—[Official Report, 29 November 2012; Vol. 554, c. 446.]

Yet the Government’s consultation, which ends today, as we have heard, could be seen as a weakening of that commitment. That underlines the need for the clarity that this amendment would provide.

--- Later in debate ---

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

Is not the Government’s position extremely sensible? A succession of criminal trials have looked into this matter. They have proceeded in a proper judicial way, and most of the information that we need is already available. To go on inquiring, inquiring and inquiring is merely adding to the already £50 million cost that there has been to the taxpayer.

[Lyn Brown]

I am really sorry that the hon. Gentleman continues to plough that path. As I have said, the second part of this inquiry was quite clearly in the mind of his Prime Minister when he made statements to this House. If we cannot accept the words of his Prime Minister—

[Mr Rees-Mogg]

On a point of order, Mr Speaker.

[Lyn Brown]

Oh, really.

[Mr Speaker]

Order. Let the hon. Gentleman put his concern on record.

[Mr Rees-Mogg]

The hon. Lady is promoting me. The Prime Minister is Prime Minister to the sovereign, not to me.

[Lyn Brown]

I have heard some specious arguments in this place.

I hope that the Lords amendment is acceptable to Government Members and the Minister. It is explicit that the inquiry should not begin until the Attorney General determines that it would not be prejudicial to any ongoing relevant criminal investigations or court cases. To oppose the amendment is therefore tantamount to admitting that the Government are no longer committed to an investigation into corruption between news organisations and the police, and that they are not prepared to investigate how allegations of corruption are dealt with. If the Government block Lords amendment 24 today, the public really can have no option but to draw the conclusion that this Government have no commitment to asking the important and hard questions of our national institutions.

I now turn to Lords amendment 96, with consequential amendment 302, which was proposed in the other place by Lord Rosser. The purpose of the amendment is to establish the principle of parity of legal funding for bereaved families at inquests involving the police. Many hon. Members have championed this cause, including during the passage of the Bill. I pay particular tribute to the tireless campaigning and personal commitment of my right hon. Friend the Member for Leigh (Andy Burnham). Unequal funding at inquests and the injustice associated with that was highlighted by the sorry saga of the Hillsborough hearings. The scales of justice were weighted against the families of those who had lost their lives. Public money was used not to discover the truth, but instead to defend an untenable narrative perpetuated by South Yorkshire police. The coroner dealing with the first pre-inquest hearings into the 21 victims of the 1974 Birmingham pub bombings backed and commended applications for their bereaved families to get legal funding for proper representation, but did not have the power to authorise the funds.

Fees in major cases have attracted considerable public interest, but inquests at which the police are legally represented are not confined to major tragedies such as Hillsborough; far more common are inquests into the deaths of individuals who are little known. Many bereaved families can find themselves in an adversarial and aggressive environment when they go to an inquest. Many are not in a position to match the spending of the police or other parts of the public sector for their own legal representation. In fact, bereaved families have to try, if at all possible, to find their own money to have any sort of legal representation. Opposition Members believe that the overwhelming public interest lies in these inquiries discovering the truth. It follows that public money should be there to establish the truth, not just to protect public institutions, and that must mean equal funding.

In the other place, the Government accepted that many would sympathise with the intention of the amendment. When she was Home Secretary, the Prime Minister commissioned the former Bishop of Liverpool, James Jones, to compile a report on the experiences of the Hillsborough families. We are encouraged to wait for his report before considering the issues further, yet we already know that a system of unequal funding at inquests is wrong. Public funds are used to deny justice and hide the truth. The Government need to act now to change a process that appears to be geared more towards trying to grind down bereaved families than enabling them to get at the truth. The Government really should accept the amendment.

[Mr Charles Walker (Broxbourne) (Con)]

I urge Ministers to listen closely to the hon. Lady’s strong point. When someone dies while in the care of the state in a detained environment, people too often go up against the might of the state. That is simply not fair and it should not be tolerated.

[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.

[Alex Chalk (Cheltenham) (Con)]

I rise to support the Government’s amendment on stalking in lieu of Lords amendment 134. This is a momentous day, because the proposed measures, which would have the effect of significantly strengthening protections for victims of stalking, represent the culmination of a 16-month campaign. I truly hope that what began with a meeting with my GP constituent Dr Eleanor Aston in 2015 will end here today.

In doubling the maximum sentences for stalking, the Government’s proposals emphatically and decisively do two things. First, they recognise that stalking is not a minor offence. Instead, it is a horrible, violating, destructive crime that rips relationships apart, ruins careers and can cause lasting mental harm. All too often, it is the gateway to serious violence. Secondly, the Government’s amendments will ensure that courts have the tools that they need to deal with the most serious cases accordingly. Most crucially of all, it will give the courts powers truly to protect victims and to put their needs front and centre in the criminal justice system.

Let me be clear: when we talk about victims of stalking, we are not simply referring to the rich and famous: this campaign has made it crystal clear that ordinary men and women can fall victim to stalking just as readily and just as severely as those in the public eye.

[Lyn Brown]

Before the hon. Gentleman continues, may I say that it was remiss of me not to mention the work that he has done on the matter and congratulate him on it?

[Alex Chalk]

That is very gracious of the hon. Lady, and I am grateful. The context for the proposals was the horrific seven-year ordeal suffered by my constituent at the hands of her former patient. I will not go through all the detail now, but I will set out some of it. He turned up at her surgery over 100 times. He posted foul items through the letterbox. He followed her on patient visits, slashed her tyres and sent threatening mail. He appeared at a children’s birthday party her daughter was attending. That caused her exceptional anxiety and fear. After serving a short prison sentence, he—in a pattern that is not uncommon with this type of offence—restarted his campaign. Dr Aston received packages at her surgery in Gloucester and at her home in Cheltenham. One was threatening and abusive, and made it clear that he knew where her children went to school. The second package simply said, “Guess who’s back”. When he was arrested again, the search on his computer revealed that the inquiry, “How long after a person disappears are they assumed dead?” The judge who sentenced Dr Aston’s stalker made it clear that he did not think he had the tools he needed, stating in open court that he had no doubt that the stalker was dangerous in the sense of posing a significant risk, but he went on:

“I am frustrated that the maximum sentence...is five years. I would, if I could, give you longer.”