Victims and Prisoners Bill

Roger Gale Excerpts

Report stage
Monday 4th December 2023 Commons Chamber

[Several hon. Members rose—]

[Mr Deputy Speaker (Sir Roger Gale)]

Order. After the next speaker, I am afraid I will have to reduce the time limit to four minutes. At least Members have been forewarned.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

I will speak to new clause 43, but first I thank my right hon. Friend the Member for Garston and Halewood (Maria Eagle), who has fought tirelessly for that change and for so many more on behalf of victims.

My constituents Chloe Ann Rutherford and Liam Thomas Allen Curry were murdered in the Manchester Arena attack. In 2022, after sitting through the public inquiry and listening to every agonising detail of what their children went through, Chloe and Liam’s parents were told that they would be denied the right to register their children’s deaths due to outdated legislation that states that, where deaths require an inquest or inquiry, death registration is to be done solely by the registrar. All those devoted parents wanted to do was to be part of that final official act for their precious children.

After meeting with the then Minister, we had assurances that he would look urgently at whether and how those changes could be made. With each change of Minister, the promises continued, yet nothing has changed. In February this year, the bereaved families attended another meeting with Ministers. In that meeting they were treated with contempt, patronised and insulted. It became clear that they had been misled by the Government for nearly a year, because despite it being entirely possible to change that law, the Government just did not want to do so.

The current Minister suggested in Committee that I strengthen my amendment, so I did, but just last week he said that it was no longer possible due to the Data Protection and Digital Information Bill, which will digitalise death registration. It feels like yet another excuse, because new clause 43 would give the Secretary of State the power to modify any provisions, which would enable the clause to be shifted to a digital state in future.

Lisa, Chloe’s mam, has spoken to me about how they were told at the outset that their beloved children did not belong to them but belonged to the state. She said that, despite the rhetoric that we always hear about families coming first, they simply do not. Caroline, Liam’s mam, explained that registering Liam’s death would have allowed her to begin grieving, and that if she could not do that for him, she would feel like she had failed him. She did not fail him; it was the state that failed him.

In June this year, Chloe and Liam’s parents, after six agonising years, watched as their children’s deaths were registered by a stranger. Chloe’s dad, Mark, said that

“it wasn’t the way we wanted this to be, because of our ridiculous government who only change laws to benefit themselves. We had to watch a random person sign it and not her Mam & Dad”.

They do not want anyone else to have to go through what they have gone through. Just last week, Caroline reminded me that because she was removed from the process, Liam’s name and date of birth were originally recorded wrongly.

The Minister knows that I think he is a fairly decent bloke, and he knows that Chloe and Liam’s families deserved better than that, and that families in the future will deserve better too. There is no moral or legal reason to keep on blocking the new clause, or this change. I am hopeful that he will continue to work with me on this, but I am sure that he understands how deeply disappointed I am, and how let down my constituents feel.

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[Several hon. Members rose—]

[Mr Deputy Speaker (Sir Roger Gale)]

Order. I am afraid that after the next speaker there will still be 10 people waiting to speak. We have to finish this section of proceedings at 8.50 pm in order to allow for the wind-up, so, after the next speech, the limit will be three minutes.

[Stella Creasy]

I associate myself with the amendments in the names of the right hon. Member for Basingstoke (Dame Maria Miller), my right hon. Friends the Members for Alyn and Deeside (Mark Tami) and for Kingston upon Hull North (Dame Diana Johnson), my hon. Friend the Member for South Shields (Mrs Lewell-Buck) and, of course, my incomparable hon. Friend the Member for Rotherham (Sarah Champion). In the time available to me, I will focus on the three amendments that I have tabled to flag issues with the Government.

Amendment 147 is about vicarious trauma. We are in a perverse situation right now—the Minister knows this—where we have to hope that a victim dies if we are to access support for our communities when traumatic things such as stabbings happen. I hope that the Minister will change that so that every child can be supported.

Amendment 148 is about overseas victims. It would simply restore the right that our constituents had when we were members of the European Union to have their rights as a victim upheld if they or a family member were a victim of crime overseas. I hope that the Minister will look at the victims’ rights directive, because so many people experience that.

New clause 32 is about a victim’s rights in relation to data. I was not sure that I would be able to table the new clause, because the court case that it refers was heard last Thursday. A year ago, a man started emailing my office with his concerns about my politics and the issues that I was working on. Like all Members when we get correspondence from non-constituents, I read the emails and filed them but did not respond. I was then called by my local social services because that man had decided that, because he disagreed with my views, I was not a fit mother for my children. He had reported me, an investigation had taken place, and while it cleared me, my children and I now have a social services record. When I went to the police about the matter, they said that he had a right to express his opinions in that way. I challenged it because, due to my work on stalking, I understood that somebody who could use a malicious report to harm someone was clearly dangerous. When I came forward, further reports came out revealing that this man had continued his campaign of harassment.

I am deeply grateful for the cross-party support for new clause 32, because although that man has now been convicted of harassment, his ability to target my family continues because the record continues. At present, there is no way of removing from someone’s record a clearly malicious and false accusation made to a third-party organisation. In tabling the new clause, I recognised that it is not just those of us in the public eye who may be targeted in this way; in many cases of stalking, we see people who fixate and use reporting mechanisms to damage their victims.

I have had no support or help from Parliament or anybody within the parliamentary process for my welfare or that of my children, but now I want to stand up for everybody who has been through this process. I ask the Minister to look at this, because victims of clearly malicious reports must have the opportunity to have the record corrected. Too often, people will say, “There is no smoke without fire.” I want to stand up for safeguarding —it is clearly a very important process—but if a court recognises that a report is malicious and a victim is being targeted but we cannot act to remove that report, the harassment will continue.

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[Sarah Dyke (Somerton and Frome) (LD)]

I am sad to say that I have had several constituents approach me about the conduct of individual police officers on cases of violence against women and girls. That includes grossly inappropriate language, such as saying that one perpetrator of rape had a “reasonable expectation of consent” after drugging and assaulting my constituent to a point of significant bloodshed. I will not be more specific on individual cases, but I do not believe my constituents’ experiences are unique to Somerset.

Operation Soteria Bluestone was pioneered in Avon and Somerset police, and features groundbreaking collaboration between criminologists and police officers, and I was pleased to meet members of the team on Friday to discuss their work. I spoke in this place after the King’s Speech calling for Operation Soteria Bluestone to be properly funded and extended to all police forces, with a particular focus on educating officers.

Simple numbers in uniforms is not enough without thorough vetting and training, ensuring that all officers responding to victims and handling investigations do not perpetuate rape myths, accentuate victim trauma and mishandle evidence. My constituents must have the confidence that police and judicial officers have received thorough and appropriate training, and that they will be treated with due respect and regard by our justice apparatus in the most traumatic moments of their life. I therefore urge the Government to back new clause 29, tabled by my hon. Friend the Member for Edinburgh West (Christine Jardine), and to support Liberal Democrat policies to improve community trust in police, to create the pipeline of trust by educating police officers, and to fund more community police officers by cutting police and crime commissioners.

Before I close, I would like to talk briefly about new clause 10, which was tabled by my hon. Friend the Member for Westmorland and Lonsdale (Tim Farron). I was concerned, but not shocked, to see in the Environment Agency report a large rise in the number of bathing water sites rated as poor quality. It shows the real impact that the Government’s neglect of poor behaviour by water firms has had on our health and wellbeing. Our precious rivers and waters bring a multitude of health benefits, as I see in my own constituency, where the wild swimming site in Farleigh Hungerford attracts many swimmers, and Vobster Quay, an inland diving and swimming centre, also brings the same benefits. I know that my constituents will be devastated to lose such an important cultural asset. I therefore support this vital new clause, which will help hold negligent water firms to account and provide compensation to those who have suffered illness as a direct result of criminal conduct in relation to sewage, and I urge the Government to do the same.

[Mr Deputy Speaker (Sir Roger Gale)]

With the leave of the House, I call the Minister to wind up the debate.

[Edward Argar]

It is a pleasure to bring this debate on the Victims and Prisoners Bill Report stage to a close. I am particularly grateful for the co-operative and constructive spirit in which the debate has taken place, and for the broad support received for the Bill so far. Given the number of contributions that have been made, I will endeavour to cover them thematically. I am afraid I will be brief, and I apologise to any right hon. and hon. Members whose contributions I do not address directly.

The hon. Member for Walthamstow (Stella Creasy) spoke with considerable and typical courage, and in her typically forthright way. I say to her that I and the appropriate Minister will be happy to have further discussions with her on the issues she raised.

The hon. Members for Chesterfield (Mr Perkins) and for Rotherham (Sarah Champion) talked about stalking in the context of Gracie Spinks. As a fellow east midlands Member of Parliament, I am very familiar with that case; we see updates on it regularly on “East Midlands Today”. The hon. Member for Chesterfield highlighted the recent work and publication by the Suzy Lamplugh Trust, which we will look at very carefully. I know that the Minister for victims, my hon. Friend the Member for Newbury (Laura Farris), will look carefully at what is contained in the report.

My right hon. Friend the Member for Basingstoke (Dame Maria Miller) raised the issue of non-disclosure agreements. We are sympathetic to the concerns raised and will be carefully considering with the Department for Business and Trade how best to take this forward, including considering legislation. We will provide an update in the new year.

The duty of candour was raised by the shadow Minister, the hon. Member for Cardiff West (Kevin Brennan), and I am grateful for his typically reasonable tone throughout his contribution. The full position on the duty of candour will be set out shortly in an oral statement setting out the Government’s response to Bishop James Jones’s report. To respect the process, we cannot pre-empt that statement prior to it taking place on Wednesday. However, the Criminal Justice Bill, which is before the House already, includes an organisational duty of candour aimed at chief officers of police, making them responsible for ensuring that individuals within their remit act appropriately and with candour. We believe that that legislative vehicle, and that legislation, is the right place for that important debate to take place.

My hon. Friend the Member for North East Bedfordshire (Richard Fuller) and the shadow Minister talked about free legal advice for victims of rape. The Law Commission is currently considering the merits of independent legal advice as part of its wider review on the use of evidence in sexual offences prosecutions. This is an important issue, but we believe that we should receive and consider the findings of that extensive piece of work before committing to further action.

I turn now to amendments 142 to 144 and new clauses 27 and 42. I am grateful to the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) and the shadow Minister for raising this extremely important topic. The infected blood scandal should never have happened. My thoughts, and I believe those of the whole House, remain with those impacted by this appalling tragedy. I confirm on behalf of the Cabinet Office, which is the lead Department, that the Minister for the Cabinet Office will make a statement ahead of the House rising for Christmas on Government progress on the infected blood inquiry, and that we will commit to update Parliament with an oral statement on next steps within 25 sitting days of the final report being published.

We have studied carefully the proposals made by the right hon. Lady, which are supported widely across the House. The Government, as she said, have already accepted the moral case for compensation, and we are grateful for the work of Sir Brian Langstaff. We have great sympathy with new clause 27 and the intention to ensure that the legal groundwork is in place to enable a delivery body to be established. I therefore confirm that, when the Bill reaches the Lords, we will bring forward our own amendment, which will put in place the necessary legislative framework and timescales for a delivery body for compensation for the victims of infected blood to be established, in line with the overall objectives set out in her new clause. That will ensure that the Government can move quickly, as soon as the inquiry reports.

I turn to IPP prisoners. While I appreciate that the Chair of the Justice Committee, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), would wish us to go further with resentencing, I believe that we have made considerable progress in what we have set out to the House.

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[Edward Argar]

I beg to move, That the Bill be now read the Third time.

As is appropriate on these occasions, I want to put on record, if I may, my gratitude and my thanks to the officials who have worked on this Bill in the Ministry of Justice and my private office; the fantastic Nikki Jones, who has managed this Bill through the Commons as an official; the Whips, the Parliamentary Business and Legislation Committee and the Lord President of the Council for her assistance; and my Parliamentary Private Secretary until he was made a Whip a few short weeks ago, my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell). Most importantly, I would like to thank the victims who have contributed to this, as well as the stakeholders, the organisations and the campaigners. I should also express once again my gratitude to Opposition Front Benchers for their constructive approach and tone throughout, particularly on those long days in Committee, and I congratulate the right hon. Member for Kingston upon Hull North (Dame Diana Johnson).

This Bill has as a central objective to ensure that victims are treated like participants in the justice process rather than bystanders. It is no less than they deserve, and it represents a major step forward, building on the progress made for victims in the last decade. The Bill has been a long time in the making, but getting it into law will strengthen the voice of victims of crime and major incidents in our criminal justice system so that they can be supported to recover and see justice done. It is not only the right thing to do; our hope and belief is that it will also enable us to bring more criminals to justice, keeping the British people safe and providing them with the support they need.

This Bill in many ways represents the very best of this House and its ability to make meaningful change for the people who send us here and the people we serve, and I pay tribute to Members on both sides for their contributions in getting us to this point. Mindful of the tone and spirit in which these debates have been conducted, I will conclude to allow the shadow Secretary of State to put her thanks to her team on record as well.

[Mr Deputy Speaker (Sir Roger Gale)]

I call the shadow Justice Secretary.