Victims and Prisoners Bill

Maria Miller Excerpts

2nd reading
Monday 15th May 2023 Commons Chamber

[Dame Maria Miller (Basingstoke) (Con)]

It is a great pleasure to speak in this debate. I warmly welcome the Bill, and in advance I thank the Minister, my right hon. Friend the Member for Charnwood (Edward Argar), who I know, together with my right hon. Friend the Secretary of State, will engage thoroughly with all the issues raised. I thank the Justice Committee for an excellent piece of pre-legislative scrutiny; my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) who chairs the Committee does a great job for us all.

The Bill is complex and covers a great deal, from prisoners and parole to victims of major incidents. We have heard a lot about those two issues already. I will turn my remarks firmly to victims of crime—the first part of the Bill—particularly with regards to the victims code. This is a hugely important piece of legislation for victims. I believe that we have a strong justice system only if it is a deterrent that, yes, provides punishment, but also recognises and supports victims. Otherwise, we risk falling short. To be the victim of crime is not only devastating but can be incredibly disorienting. Attempting to navigate the complex criminal justice system as a layperson is not easy. The perpetrator has numerous agencies telling them what they can and cannot do. Certainly, that has been the way in the past. Largely, victims have been left to navigate life post crime themselves.

I am sure that the House will not mind me saying that quite recently I was a victim of crime, which led to a successful conviction of harassment by my local Crown Prosecution Service in Hampshire. I was listening to the hon. Member for Birmingham, Yardley (Jess Phillips); I would not want to comment on what she said, but I cannot commend Wessex Crown Prosecution Service highly enough. Unlike the hon. Lady, I was kept thoroughly informed at every step. I will not comment too much on it because, unfortunately, the individual has transgressed and is before the courts again, but it is important to make the point that the CPS in Wessex got it right. It might not get it right all the time, but when it does, it is important for victims. I hope that the Crown Prosecution Service in the hon. Lady’s constituency takes a leaf out of the books in my area.

The 2020 code of practice was a good start and put some important principles in place. What is great about the Bill is that it takes them forward and puts them on a statutory footing. It seems perverse that the justice system could be better explained to perpetrators than to victims. The Bill will help equalise that disparity, by putting the victims code on a statutory footing, making what victims can and should expect even clearer than before.

An important part of the Bill is putting a duty on relevant bodies to raise awareness of the victims code with victims, which will make a big impact and be greatly welcomed. The victims code is a detailed document containing the important rights that victims can expect, but it is of little use if people do not know it exists, so it is right that those with responsibility for aspects of the code can make it clear to victims how they can use it.

We know that services working in isolation miss problems and opportunities for support, which is why I also welcome the Bill’s focus on co-ordinating services across relevant bodies and strengthening local services. The Domestic Abuse Commissioner’s recent report, “A patchwork of provision”, showed that the level of service and support that victims can reliably expect is not uniform across the country and depends greatly on where they live. I welcome the consistency that the Bill shows. We need to ensure we get that consistency across the whole United Kingdom, wherever people live.

My right hon. Friend the Member for Witham (Priti Patel) talked about the role of police and crime commissioners in getting local consistency embedded in our constituencies. I am pleased that my local police and crime commissioner, Donna Jones, has put in place similar initiatives to those mentioned by my right hon. Friend, as well as delivering, well ahead of time, an extra 600 police officers in our county. My police and crime commissioner is consulting on a victims hub—the consultation is ongoing—so that victims will know how to get the support that the Bill wants to ensure is available to them. Having quicker and tailored access to support services will be an important step forward in my own constituency. I urge anybody who is able to take part in the consultation to do so; it runs until Monday 21 May.

I add my support to the Bill’s provisions with regard to IDVAs and ISVAs. Indeed, I held a roundtable on Friday on the importance of tackling domestic abuse. We discussed the amazing work done by a number of different organisations in my constituency in ensuring that victims are well aware of the support available, and the hugely important role of IDVAs and ISVAs, particularly when cases come to court, which was underlined by my local police commander. Will my right hon. Friend the Minister help me to ensure that those expert individuals will in future be able to stay with victims in court? That issue was raised with me at the roundtable.

Having someone independent of the police present in the immediate aftermath of a crime can be crucial, but making sure they continue to be involved, when a case comes to court, can help with some of the problems that exist for victims because of the great deal of time it can take for relevant evidence and individuals to be brought to court. IDVAs and ISVAs are often the only people involved whose sole focus is the victim. As much as individual police officers regularly go out of their way to care for victims of crime, the reality is that police priorities will mean that sometimes their focus goes elsewhere.

I highlight to the Minister the section of the Bill about support for victims, because the victims code may go further than he thinks. In addition, I have raised the issue of the role of non-disclosure agreements with him on a number of occasions. They can cover up crimes, particularly those in the workplace and those that disproportionately impact women, such as sexual harassment or other forms of abuse in the workplace.

When it comes to non-disclosure agreements and sexual harassment in the workplace, the Government have been working on strengthening support for victims for a great deal of time. The Government have backed universities in banning the use of non-disclosure agreements to cover up misconduct, and they are looking at how they could go further in stopping non-disclosure agreements from being used inappropriately. Unfortunately, it is increasingly common practice for non-disclosure clauses to be included in settlement agreements, although it is perfectly possible to settle without them.

When victims of misconduct—often sexual misconduct and usually women—make allegations, an all too frequent response is a settlement in which an employer can see allegations dropped in return for a non-disclosure agreement that will stop the victim from speaking out, sometimes lawfully and sometimes not so much. No matter what, victims feeling that they cannot speak out cannot be what we want to see in this place.

An employee can feel trapped. When I chaired the Women and Equalities Committee, we published at least two reports on the impact on victims of non-disclosure agreements and we heard first-hand evidence that people felt not only that they could not speak out about their experience, but that it made them feel even worse and re-victimised. Sometimes, I am sure in error, legal counsel could put a non-disclosure agreement into a contract or severance agreement, but more often that is done by human resources departments, which probably take something offline and give it to an individual to sign. That means that a person who has experienced significant wrongdoing in the workplace can feel that they cannot speak out.

I hope the Minister might want to look at how the Victims and Prisoners Bill could take the excellent work that the Government have done with universities, calling out the appalling impact of non-disclosure agreements, a stage further. I am sure he is not surprised that I want to thank Zelda Perkins for the work that she has done through the organisation she has set up, Can’t Buy My Silence. She is continuing to campaign hard to stop non-disclosure agreements being used in the way they were against her and her colleagues, when she was unable to speak out about Harvey Weinstein and the appalling way that he treated a number of women in his organisation. I hope that my right hon. Friend the Minister is listening closely to how we could use this excellent Bill to take further the Government’s work on victim support and outlawing the misuse of non-disclosure agreements.

I was pleased to support the then Secretary of State for Education, my right hon. Friend the Member for Chippenham (Michelle Donelan), in launching the university pledge to stop the use of non-disclosure agreements in universities. I strongly supported the subsequent ban through the Higher Education (Freedom of Speech) Act 2023. I call on the Government to expand the ban on NDAs from educational settings to other workplaces through the victims code in the Bill. In the not-too-distant future, I hope the Minister will have some meetings with me to see how we can ensure that the very real impact that the work done by my right hon. Friend the Member for Chippenham had on universities can have a broader impact. That will ensure we protect many more victims, over and above those he was envisaging in his first draft of the Bill.

--- Later in debate ---

[Dame Maria Miller]

I hear what the hon. Lady is saying about the availability of ISVAs in her area and about their only being connected with police cases, but should she not push back against that? There are three ISVAs in my local hospital, and they are certainly not connected with crimes; they would be called on by the staff in the emergency department as needed.

[Jess Phillips]

In fact, my area was the first in the west midlands to have ISVAs in a hospital, the Queen Elizabeth. I was one of the commissioners. What I want to see in a Bill such as this is not just a duty to collaborate, but a duty to commission. Every local authority area in the country, and every health provider, whether it is a public health provider, a mental health provider, an independent board, or whatever the bloody hell we call them this week—PCCs, PCGs—I apologise for swearing, Madam Deputy Speaker.

Victims and Prisoners Bill

Maria Miller Excerpts

Report stage
Monday 4th December 2023 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

I call Dame Maria Miller, who has six minutes.

[Dame Maria Miller (Basingstoke) (Con)]

Let me start by thanking my right hon. Friend the Minister for the constructive way in which he has engaged with the Bill since its Second Reading. In the interests of time, I will confine my comments to the two amendments that I have tabled, which have cross-party support and to which I think the Government are listening intently.

Amendment 1 would recognise as victims people who have been silenced by non-disclosure agreements. Those people are victims by virtue of the very fact they have been silenced, not knowing if they can talk to anyone without incurring legal consequences. The Higher Education (Freedom of Speech) Act 2023 already deems the use of NDAs to be unlawful when there are allegations of bullying, harassment or sexual misconduct in publicly funded universities, and my amendment is intended to do the same in other spheres. Some individuals making such allegations are already treated by the Government as needing protection in law; my amendment would merely apply what is seen as essential legal protection in universities to everyone.

Unfortunately, despite two warning notices issued by the Solicitors Regulation Authority alerting solicitors to NDA misuse, one in three solicitors’ firms are still apparently unaware of the issues. I therefore think it is time to act through legislation to change a culture which, seven years on from #MeToo, continues to see it as acceptable for those in the legal and human resources professions to use devices that are so destructive to the individuals concerned. The United States, Canada and Ireland have already legislated in this regard. I listened carefully to the Minister’s opening remarks, and I definitely heard a door being left wide open to a change in the Bill. I hope we will see measures to outlaw this bad practice sooner rather than later, because the time to leave it to the regulators is past; that has not worked.

I thank Rape Crisis for helping me to draft new clause 19, which concerns access to counselling records. Rape and sexual abuse are traumatic crimes and survivors need to gain access to therapy, but frontline services are reporting that survivors are being deterred from accessing support because records are routinely requested by the police and trawled through, often unnecessarily. A recent review showed that nearly a third of 342 requests for survivors’ records contained requests for counselling records, and nearly a third of those requests related to victims’ reliability or credibility rather than aiming to establish the facts of the incident involved.

[Sir Robert Buckland (South Swindon) (Con)]

I signed new clause 19 because, having spent many years as defence and prosecution counsel in such cases, I know the importance of getting to the truth and looking at previous inconsistent statements. Does my right hon. Friend agree that giving a judge discretion to ensure that the disclosed material is truly relevant to the issues in the case would be an excellent safeguard which would protect the wellbeing of victims of crime who are having to relive the circumstances every time those issues are brought up?

[Dame Maria Miller]

I think it goes to the heart of the case when someone with such extensive experience endorses a change of approach, and my right hon. and learned Friend is entirely right. The new clause calls for a change that would transfer the decision to release records to a judge, but would also ensure that counselling records are disclosed only when they are “of substantial probative value”. I would say to my right hon. and learned Friend that I believe, and Rape Crisis believes, that it is not just the involvement of a judge but a heightening of the threshold that will help to improve the system. I believe that judicial oversight at this pre-charge stage will immensely improve the attitude of the police and the Crown Prosecution Service to survivors of rape, and their practice in that regard.

I hope that the Government are able to hear the calls behind amendment 1 and new clause 19. I have already thanked my right hon. Friend the Minister for his positive approach to non-disclosure agreements, and I look forward to hearing more about the action that I hope the Government will take in the future. I also hope that the Minister who winds up the debate will give some indication of the approach that will be taken to counselling records.

[Dame Diana Johnson]

I rise to speak to new clause 27 and amendments 142 to 144.

There will be women and men, children and families, in every constituency whose lives have been forever touched by the infected blood scandal of the 1970s and 1980s. As we have already heard, one person dies every four days on average as a result of the scandal, and many of those who have spent decades campaigning for justice are no longer alive. It is nearly eight months since, in April this year, Sir Brian Langstaff published the infected blood inquiry’s final recommendations on compensation. At the time, he said:

“My conclusion is that wrongs were done at individual, collective and systemic levels.”

Most important—I hope the Minister might just listen to this—Sir Brian said in his report:

“I cannot in conscience contribute to that further harm by delaying what I have to say about compensation. This is why I am taking the unusual step of issuing one set of recommendations in advance of all others at this stage.”

Sir Brian has said all that he will say about compensation. There is nothing new to learn from the final report, despite the Government’s protestations. However, in his summing up of the Government’s work since April 2023 on responding to his recommendation, Sir Brian told the Prime Minister in July:

“there aren’t any details. There is no timeline, there is no structure yet in place…if it troubles my conscience I would think it would trouble the conscience of a caring government, and you have said that’s what you would wish to be.”

That is why I tabled the new clause and amendments, into which I have copied Sir Brian's recommendations.

Amendment 142 would extend interim compensation payments to bereaved parents, children and siblings who have lost loved ones as a result of infected blood but have never received a penny. Amendment 143 would establish a bespoke psychological service in England for those infected and affected, which already exists in Scotland, Wales and Northern Ireland. Amendment 144 would ensure that the Bill applied to people infected and affected, as set out in Sir Brian’s second interim report.

Finally, let me say something about new clause 27, on which I hope to seek to test the opinion of the House. It has been signed by a further 146 right hon. and hon. Members, for which I am very grateful, and 10 political parties are represented in that group. Many other Members have indicated their support. The new clause requires the Government to set up a body to deliver compensation payments to people infected and affected by the contaminated blood scandal. Let us not forget that the five-year infected blood inquiry was due to publish its final report in November, last month. The Government told me, and the House, numerous times that they had been working “at pace” to that timeline. This should not have been a problem for the Government, because they have done all the work in preparing for the November deadline, but those who have been infected and affected have been told by Ministers that they must accept a further delay, until next March, when Sir Brian will publish his final comments. Sir Brian has made it very clear that there is nothing else to say about compensation, because it was all set out in his second interim report of April 2023.

Let me again reiterate the point about the Government’s approach to the victims of the Post Office Horizon scandal. Victims of that appalling injustice are to be compensated before the conclusion of the public inquiry, and I would argue that those infected and affected by the worst treatment disaster in the history of the NHS are equally entitled to compensation before the name plaques come down and the lights go out on the inquiry headquarters, as Sir Brian envisaged in his compensation recommendations in April.