Victims and Prisoners Bill (Ninth sitting)

Maria Eagle Excerpts

Committee stage
Tuesday 4th July 2023 Public Bill Committees

[The Minister of State, Ministry of Justice (Edward Argar)]

It is a pleasure to serve under your chairmanship, Mr Hosie.

Clause 16 raises the profile of the Victims’ Commissioner, a vital and powerful voice for victims. Previous office holders—we have spoken of them in previous sittings: Louise Casey, Helen Newlove and Vera Baird—have all been dedicated in speaking up for the needs of all victims and witnesses, especially the most vulnerable.

The Victims’ Commissioner plays a crucial role in advising national policymaking, raising awareness of the common issues faced by victims and witnesses, conducting research, and assessing how the criminal justice and victim support agencies comply with the code. However, in the 2021 victims consultation, we heard that the commissioner requires further powers to effectively carry out their duties.

The clause introduces a requirement for the Victims’ Commissioner to lay their annual report in Parliament, which will give greater prominence to the report and amplify victims’ voices. It also bolsters the status of all Victims’ Commissioner reports by requiring Departments and agencies under the remit of the Victims’ Commissioner to respond to recommendations directed at them in all published reports within 56 days. They must say what action they plan to take in response to the report or explain why no action will be taken.

[Maria Eagle (Garston and Halewood) (Lab)]

Will the Minister give way on that point?

[Edward Argar]

I will, but I suspect that I know the question.

[Maria Eagle]

I am grateful to the Minister for giving way so early in his remarks. Does he agree that for a Victims’ Commissioner to be effective, they have to be in post? Can he give us an update on how the recruitment of Dame Vera Baird’s successor is going? There has now been a gap between Dame Vera leaving and whoever the new postholder is to be taking up their post.

--- Later in debate ---

[Edward Argar]

When I see my hon. Friend rise to ask a question, I always look at him with a degree of trepidation, because he knows of which he speaks, having for many years served in the youth justice system. He is right that, as well as the judiciary being independent, and that independence being, quite rightly, jealously protected, so too are individual prosecution decisions by the CPS. His Majesty’s Crown Prosecution Service inspectorate, exactly as he says, has the potential to make a huge impact here, because we often hear from many victims that the court stage of the process of seeking justice can be very challenging for them. The clauses will ensure that victims’ issues are comprehensively assessed, with associated action plans driving improvements so that victims receive the service they deserve.

[Maria Eagle]

I am having a look again at the report of the Justice Committee—the pre-legislative scrutiny of what has ended up being the first part of the Bill. The Select Committee raised the issue that the general difficulty that inspectorates have relates to having levers available to them to ensure that their recommendations, if they are even accepted, are implemented. The inspectorates all use different methodologies. I wonder whether the Government have developed any plans to ensure that the inspections that he is legislating for give levers to the inspectorates, so that we do not merely get what often happens now, which is repeated reports making the same points, with the inspectorates having no way, even if their recommendations are accepted, of ensuring that anything is done about them.

[Edward Argar]

The right hon. Lady makes a couple of important points. First, on the different methodologies, while I expect that we will want to see consistency in the application of principles to them, I suspect that, by the nature of what they are inspecting and the independence of each of the inspectorates, there will be some tailoring and divergence in how they operate in terms of their inspections.

On the right hon. Lady’s broader point, which I think was the thrust of her intervention, and the PLS point about how inspectorates get traction with their recommendations, we have set out in debates that we would expect the recommendations to be responded to and acted upon, but ultimately it will be for those who are accountable for running the individual services, be they Ministers, the Director of Public Prosecutions, or ultimately the Attorney General in the case of the CPS, to heed those recommendations and act on them.

I think that it is right that Ministers respond to, for example, the recommendations of His Majesty’s Prison and Probation Service, which answers directly to the Prisons Minister, and ultimately to the Secretary of State, but it would not necessarily be appropriate if Ministers were compelled to enact every recommendation without consideration. It is right that there is a degree of agency for the Secretary of State, for which of course they are accountable to this House and to hon. Members.

I suspect that if there were sensible recommendations to be made and a Secretary of State ignored them, the right hon. Member for Garston and Halewood would be one of the first to challenge them on the matter in this House. I think the provision strikes an appropriate balance. Any Secretary of State or agency head who did not give careful consideration to the recommendations of an inspectorate would be—“reckless” is the wrong word, so let’s say “courageous”, in the language of Sir Humphrey.

To conclude, the clauses require the inspectorates to consult the Victims’ Commissioner when developing their inspection programmes and frameworks. That will ensure that the commissioner can advocate for what matters most to victims, with their invaluable insight considered throughout the consultation process. Centring the victim experience in this way will promote positive change across the criminal justice agencies that are inspected. I commend the clauses to the Committee.

--- Later in debate ---

[Sarah Champion (Rotherham) (Lab)]

It is a pleasure to serve under your guidance for, I think, the first time, Mr Hosie. It is not so much that I want to make a speech; it is just that I feel compelled to say thank you to the Minister for moving on this issue.

In the 10 years I have been an MP, I have always felt quite compromised by being another level of the bureaucracy slowing down my constituents in getting through to an ombudsman-type person. That has always felt odd and inappropriate, and it gives false hope and a false understanding that MPs have some involvement in this process. It also took away another tool, but now we can act as lobbyists, as well as having the commissioner in place.

It is good to hear that the individual will have responsibility in terms of the victims code, because we keep asking about accountability and how to make sure the code is applied in an even-handed way geographically. I warmly welcome this change, which is well overdue, and I am glad the Bill is bringing it forwards.

[Maria Eagle]

I also approve of the fact that the MP filter is going, but it has had some advantages. They have, perhaps, paled in comparison with the disadvantages, but I have always found when assisting constituents that the filter makes it possible to ensure that the application is in a fit state. It is not always easy these days to get separate advice—a lot of the advice agencies are not operating in the way they were—and I have frequently seen constituents’ applications that could be better set out and, perhaps, that could make the points that I know about, because I know the case, more persuasively. I think there is an issue about quality in that sense.

I know that the ombudsman is set up to find out what has really gone on and treat the person making the application fairly, but it is constrained by what is written in the application and the documents that have been sent. Many people who want to complain are very involved in their case and do not necessarily put it in the strongest possible manner.

In the past, I have not referred cases to the ombudsman when it has been absolutely clear to me that they will not succeed. In part, that is because, in a way, I am in a better position to explain to my constituent why they will not succeed and to make sure that they do not have false hope. I am clear with them that I am not going to send a case forward to the ombudsman if I absolutely know that it will not succeed, because that will not do them any favours. One can imagine that more cases may come to the ombudsman that are not going to succeed.

[Sarah Champion]

I hear my right hon. Friend’s point about being that first filter, but does she think it is fair that we are put in that position? I understand what she says about cases going forward that might not be appropriate, but I have never felt easy about that being my role.

--- Later in debate ---

[Maria Eagle]

I understand my hon. Friend’s point. Indeed, when I first came into Parliament many moons ago, that was how it worked; it was just one of those roles that one had, and so one tried to make the best of it. If there is a chance of deterring a case that has absolutely no chance of success and is not going to help the constituent concerned because it is inevitable that they will not get what they want, then perhaps having the MP there to explain it helps. There is no doubt that one can become a lightning rod for annoyance in those circumstances, and that is not a happy place to be.

I prefaced my remarks by saying that I approve of the MP filter going, but I think that there is an issue here that a greater number of cases that are less well prepared and have no chance of succeeding may go forward to the ombudsman. I wonder what the Minister is going to do, both on providing resources for the parliamentary commissioner and on providing the public with information and, perhaps, other ways of getting advice in completing applications, to ensure that the intent of this positive legislative change will not be overshadowed by some of its potential consequences.

[Edward Argar]

I also met Rob Behrens, the ombudsman, and I pay tribute to him and his team for their work. I am pleased by the broad consensus in the Committee. I note what the shadow Minister said; all I will say is that I am bringing this measure forward and that I am grateful for her support.

I am also grateful to the hon. Member for Rotherham for her kind words. It is always a pleasure to do political business with her, if I may put it that way. I sometimes wish that some of what happens in Committee Rooms was rather better publicised. People watch Prime Minister’s questions and think that is everything that happens, whereas in fact there is quite a lot of constructive to and fro in rooms such as this when we are seeking to improve legislation.

As ever, the right hon. Member for Garston and Halewood makes a very important point. When we seek to change or influence something in this place, there is rarely a simple, binary choice between an unadulterated good, without any downsides, and an unadulterated bad, without any upsides. On balance, I believe that we are taking the right approach and that the positives significantly outweigh the negatives, but she is right to highlight the challenges. Not only can a Member of Parliament sometimes help to strengthen an application before it is made, but it can be useful to an MP to see applications so that they know if there is an issue. If there are suddenly two or three about the same organisation and the same issue, that aids Member of Parliament in standing up in the House to challenge a Minister, or to hold an agency to account about what may be a more systemic problem.

That said, I do not think that the approach that we are adopting would preclude someone from seeking advice from a Member of Parliament if they so wished as they prepared their form. Some of my constituents have found the ombudsman service quite helpful, not in prejudging a case but in giving some pretty good advice when they ask, “What do I need to submit with it?” There is also some pretty good advice on the service’s website.

Ultimately, the clause should make it easier for people to complain, but I agree with the right hon. Lady that we need to provide support to ensure that they can make their best complaint, if that makes sense, to the ombudsman, in order to give them the best chance of having it looked at in the best possible light. I will take away the point that she makes, and reflect on whether we can do more as Government, and as parliamentarians, to promote awareness of the PHSO route, and how we might better support people in going through it.

Question put and agreed to.

Clause 21 accordingly ordered to stand part of the Bill.

Clause 12

Duty to collaborate in exercise of victim support functions

--- Later in debate ---

[Sarah Champion]

The amendment is supported by the Centre for Social Justice, which identified that the duty to collaborate must cover support services for victims of modern slavery. Local authorities, the police and the NHS are all key agencies that come into contact with victims of modern slavery, and have a role to play in supporting them, alongside specialist programmes such as the national referral mechanism. That can range from immediate emergency support and protection to providing longer-term social care support or housing. There is a particular gap for victims before and after their contact with the NRM, and the lack of support often means that they have to choose between being destitute and going back to their exploiter.

Local authorities are the primary agency providing care and support for children, and only some children receive the additional support of independent child trafficking guardians. However, there is often confusion among local authorities about their responsibilities for supporting modern slavery victims. There is also often a lack of co-ordination with specialist support providers under the Home Office modern slavery victim care contract. Victims are passed from pillar to post, unable to access the support they need.

Police often find modern slavery victims out of hours, when access to other services is limited. Clear, joined-up strategies for supporting victims of modern slavery would help prevent those victims being placed in unsuitable and unsafe accommodation after being identified by the police—that is, of course, if the police identify them as a victim of modern slavery. A lack of clear and joined-up referral pathways can mean that victims of criminal exploitation, especially young people exploited in county lines drug dealing, find themselves arrested, rather than safeguarded and therefore given support.

The gaps in support provision particularly impact British victims of modern slavery. In 2022, the highest number of British “possible victims” were identified since the NRM began. One in five NRM referrals in 2022 was for a British child. It is essential that we get the support for that group of victims right. Research suggests that many British victims in particular are not accessing specialist support available under the NRM, either because they are not identified as victims of modern slavery as they or the professionals have misunderstood their entitlement to support, or because they choose not to be referred. That leaves them without access to specialist support, and their particular needs may not be recognised by mainstream providers.

The definition of victims in clause 12 lacks clarity in respect of modern slavery victims. Some modern slavery victims are victims of other offences listed in clause 12(4), such as sexual offences or serious violence. However, modern slavery can also result from threats, deception, and financial control and coercion, which may not meet the threshold of serious violence. The particular needs and experiences of modern slavery victims need to be considered in strategies, assessments and the exercise of support functions. That is best accomplished by listing those victims in the duty to collaborate.

Explicitly including modern slavery victims in the duty to collaborate would address local authorities’ confusion and lack of awareness of their responsibilities to support victims of modern slavery. It would strengthen the implementation of the modern slavery statutory guidance. It would lead to stronger local co-ordination by the police, the NHS and councils when it comes to identifying support needs, providing support and monitoring the recovery of modern slavery victims. It would also help ensure that British victims who do not enter the NRM receive appropriate support that recognises and responds to their needs and experience of exploitation.

We cannot let more vulnerable people slip through the gaps in local service provision. A joined-up approach to tackling modern slavery is needed, and I truly believe that amendment 82 will facilitate that.

[Maria Eagle]

I rise to support all the amendments, but I will briefly say something about amendment 19. We have all come across extremely distressing cases of fraud in our constituency. In 2012—10 years ago—2,629 people were jailed for fraud, but last year the figure was 1,177. However, the number of offences rose from 441,000 in 2012 to 3.7 million last year.

There has been an absolute explosion in that type of offence, and there are consequently many more victims, who often lose their life savings and their future security. Almost nothing is done for them. They are simply left to feel as though they have been duped and are stupid, and nobody seeks to help them. Normally, they do not even get any kind of response from Action Fraud, which is like a black hole; once a report is made to Action Fraud, the person who made it never hears from Action Fraud again. It is hard enough for a Member of Parliament to get a letter out of Action Fraud about a particular case.

Given the explosion in the number of fraud cases, it is surely important for the Government to take this issue seriously, and to recognise that the people involved are victims, who need support, just as any other victims do. I hope that the Minister, when he replies, will give an assurance that much more will be done to recognise that victims of fraud need the support that this Bill seeks to give to victims.