Victims and Prisoners Bill

Debate between Robert Buckland and Maria Miller

Report stage
Monday 4th December 2023 Commons Chamber

[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.

Terrorist Offenders (Restriction of Early Release) Bill

Debate between Robert Buckland and Maria Miller

2nd reading & 2nd reading: House of Commons
Wednesday 12th February 2020 Commons Chamber

[Robert Buckland]

My hon. Friend rightly points out the sad local connection to that appalling case last year. I know that she shares my—and indeed, I think, the whole House’s—commitment to maximum effort when it comes to protecting the public. It is clear that we must put a stop to the current arrangements whereby a dangerous terrorist can be released from prison by automatic process of law before the end of their sentence, so we must do so as quickly as possible.

[Mrs Maria Miller (Basingstoke) (Con)]

I warmly welcome the legislation that has been put before the House today. The Secretary of State is talking about resources. Will he outline any estimates he has made of the number of individuals who might be covered by this legislation so that we can perhaps understand the impact that it could have had on our police forces if those individuals had been released from prison early?

[Robert Buckland]

The number of offenders, either terrorist offenders or offenders who have committed offences with a terrorist link, is about 50. That does not sound like a large cohort, but in this particular situation of extreme gravity, we cannot afford to allow any further incidents to happen. I have spoken about the need to minimise risk; that does not mean that we can eliminate risk. That is why this emergency measure is, in my judgment and the judgment of the Government, absolutely necessary if we are to meet the concerns of my right hon. Friend and other hon. and right hon. Members.

Oral Answers to Questions

Debate between Robert Buckland and Maria Miller

Thursday 27th October 2016 Commons Chamber

[The Solicitor General]

The hon. Lady will know that the Government have in place many measures to deal with prevention; she is quite right to talk about the internet of things. When it comes to prosecution, I am confident that the CPS understands the international nature of this crime, particularly the exploitation by organised crime groups of cybercrime across the world and the need for co-operation with other jurisdictions to deal with it. Our cybercrime strategy will address a lot of the concerns she has expressed.

[Mrs Maria Miller (Basingstoke) (Con)]

Do we not rely too much on prosecution guidance when it comes to cybercrimes, such as online abuse, when there is no substitute for clear primary legislation? Will my hon. and learned Friend carefully consider the proposals of the Law Commission’s 13th programme of law reform, which looks at offensive online communications, and will he advise our right hon. Friend the Lord Chancellor that this should be a top priority?

[The Solicitor General]

I pay tribute to my right hon. Friend for the work she has done and continues to do to tighten up the law on offences such as revenge pornography. I believe it is incumbent on the police and on prosecutors to use the existing law more thoroughly, but if there is a case for further reform, the Government will of course look at it very carefully.

Press Self-Regulation

Debate between Robert Buckland and Maria Miller

Tuesday 8th October 2013 Commons Chamber

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

Does my right hon. Friend agree that there is the danger of a legal challenge to any process that the Privy Council adopts? That might delay the implementation of the Leveson principles, which, as she knows, I support strongly. What assessment has she made of the timetable for the process she is proposing? Is it robust enough to withstand any legal challenge from those who are determined to delay this much-needed change?

[Maria Miller]

I will keep my little book well and truly away from you, Mr Speaker.

I understand my hon. Friend’s point. It is important to follow robust procedures at all stages of a process such as this. I make no apology for considering fully the press charter that was put before us. As I have said, there were important areas of consistency with Leveson and it was clearly written in the light of Leveson. That must be acknowledged. I am confident that the timetable that we are following is robust. I have taken the necessary advice at every step of the way to ensure that I can be confident of that.

Oral Answers to Questions

Debate between Robert Buckland and Maria Miller

Thursday 22nd November 2012 Commons Chamber

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

1. When she expects the Leveson report to be published.

[The Secretary of State for Culture, Media and Sport (Maria Miller)]

I expect Lord Justice Leveson to deliver his report by the end of the month. The inquiry team will make an announcement about specific times later this morning.

[Mr Buckland]

If the Leveson inquiry recommends an end to the current system of press regulation, will the Government rise to the challenge and help to create a system that will quickly gain the trust of the public?

[Maria Miller]

My hon. Friend is right to identify trust as an overwhelming prerequisite for any solution to our problems involving the press. Certainly the status quo is not an option. The principles that will drive any solution are the need for an independent regulator, the need for tough regulation, and the need to do everything possible to preserve free speech.

Sir Jimmy Savile (BBC Inquiry)

Debate between Robert Buckland and Maria Miller

Monday 15th October 2012 Commons Chamber

[Maria Miller]

I understand my hon. Friend’s point. That is a matter for the honours forfeiture committee, which I am sure will have heard his comments.

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

Until the law was changed some 25 years ago it was deemed in such cases that a child complainant with unsupported or uncorroborated evidence could not be believed and prosecutions therefore could not be brought. Although the law has, thankfully, been changed, is not now the time to remind all children and young people who are victims of such despicable acts that they can come forward and be treated in confidence by professionals who are dedicated to ensuring that the truth comes out?

[Maria Miller]

My hon. Friend, who I know has a great deal of experience in this area, will be pleased to know that the Metropolitan police, who are undertaking the investigation, are working with the National Society for the Prevention of Cruelty to Children for precisely the reasons he gives. We must ensure that young people who have had these experiences, or adults who had them when they were young, can come forward so that their evidence can be heard, perhaps through a third party, to ensure that we know all the facts.

Oral Answers to Questions

Debate between Robert Buckland and Maria Miller

Monday 22nd November 2010 Commons Chamber

[The Parliamentary Under-Secretary of State for Work and Pensions (Maria Miller)]

The Government are committed to increasing the employment rate for disabled people by giving them the help that they need to follow fulfilling, mainstream careers whenever possible. The Work programme will provide more personalised back-to-work support for unemployed people, including disabled people, from next year. Work Choice, which began on 15 October, provides specialised support for disabled people who face more complex barriers, and the access to work programme provides financial help with reasonable adjustments for the workplace above and beyond what the employer could reasonably provide.

[Mr Buckland]

Does the Minister agree that for far too many disabled young people, both in my constituency and elsewhere, the transition into adulthood and the jobs market can be very challenging? What steps are her Department taking to ease the process into adulthood and jobs?

[Maria Miller]

The transition from education to work can be difficult for all young people, but particularly for disabled people. I am impressed by the work that has already been done by employers whom I have visited in recent months, who are already focusing on the importance of disabled young people in their work forces, but the specific support that the Government have provided through Work Choice and the Work programme will help—particularly the differential pricing that is available through the Work programme, which will enable more organisations to work with disabled young people to get them into work.