Criminal Injuries Compensation Scheme

Debate between Sadiq Khan and Angela Smith

Wednesday 7th November 2012 Commons Chamber

[Sadiq Khan (Tooting) (Lab)]

I beg to move,

That this House affirms its commitment to the blameless victims of violent criminals who suffer physically, emotionally and financially from the injuries inflicted upon them; recognises that the Criminal Injuries Compensation Scheme is the fund of last resort for much needed compensation for these blameless victims and is relied upon by many thousands of victims each year; and that in the opinion of the House the draft Criminal Injuries Compensation Scheme 2012, which was laid before this House on 2 July, should not be approved.

The Opposition are asking the House not to approve the changes passed by a narrow majority in Committee last week, and to reconsider. However, let me say up front that we are willing to work with the Government to see whether there are ways to reduce the Ministry of Justice budget while continuing to help blameless victims of crime. We do not believe the two are mutually exclusive.

It is worth beginning by setting out basic principles and an understanding of the criminal injuries compensation scheme. A non-statutory compensation scheme for victims of crime was first introduced in 1964. Not even the previous Lord Chancellor, the Minister without Portfolio, was a Member of the House then, but he and the right hon. Member for Wokingham (Mr Redwood) were members of a Cabinet that introduced a statutory scheme in the mid-1990s in the form of the Criminal Injuries Compensation Act 1995.

The current guidance to the 2008 scheme stresses that it is designed to compensate

“blameless victims of violent crime”.

The scheme recognises that the award can never fully compensate for all the injuries suffered, but an award is recognition of public sympathy for the blameless victim. Those basic principles, which are based in primary legislation, are important. If a person is not blameless, they do not get any compensation. If a person is not the victim of a violent crime, they do not get any compensation. If a person is a minor victim, they do not get any compensation.

Under the draft scheme, nearly 90% of those who have received compensation would have had their compensation slashed or cut totally. Of around 40,000 eligible cases annually, some 50% would no longer receive any compensation whatever and another 40% would have their compensation severely reduced. Compensation would remain the same in only around 10% of cases. Compensation in most cases is not a large amount of money—a couple of thousand pounds in many cases—but it is crucial for people whose livelihoods might have been interrupted as a result of their injuries. We know from our constituency surgeries that bills rack up and need paying. Compensation also plays a part in giving recognition for the pain and suffering of the victim, as well as providing a degree of closure after an attack. But for many thousands of future victims of crime the benefits of receiving compensation will no longer be available.

Those who will no longer receive any compensation include those with injuries such as permanent speech impairment; multiple broken ribs; post-traumatic epileptic fits; and burns and scarring causing minor facial disfigurement, including the many victims of vicious dog attacks, many of them young children or postal workers doing their jobs.

[Angela Smith (Penistone and Stocksbridge) (Lab)]

More than 6,000 postal workers a year suffer injuries as a result of dog attacks. For example, Paul Coleman of Sheffield required multiple operations on his leg after a vicious attack. People like him will no longer get compensation if this proposal goes ahead. Is that not a devastating verdict on the work done by postal workers in this country?

[Sadiq Khan]

I thank my hon. Friend for that one example of the “blameless victims”—the language in the legislation—who will no longer be eligible for any compensation.