Oral Answers to Questions

Sarah Champion Excerpts

Tuesday 3rd November 2020 Commons Chamber

[Robert Buckland]

I pay tribute to my hon. Friend for her passionate work in this area and her advocacy on behalf of the people of Anglesey-Ynys Môn. I recognise the value that organisations such as the ones she mentions can bring to supporting offenders and families through a challenging time. Our grants programme supports the piloting of new rehabilitation services and the further development of current programmes. I am delighted to be able to say that Ynys Môn’s citizens advice and the Irene Taylor Trust have both benefited from our grants programme, and I look forward to seeing the contributions they make to supporting prison leavers as they make the transition towards a new life.

[Sarah Champion (Rotherham) (Lab)]

What risk assessments are conducted prior to the transfer of people convicted of sexual offences to open prisons.

[The Minister of State, Ministry of Justice (Lucy Frazer)]

Access to open prison conditions is not a right, and there is no automatic progression. It is based on a detailed risk assessment. To be considered for open conditions, an individual must generally have served two to three years and have that time left to serve to the earliest release. In addition, a thorough risk assessment must be completed, considering the likelihood of the individual absconding and the risks to the public, as well as whether they are overall suited to the open estate.

[Sarah Champion [V]]

I ask this question on behalf of my constituent, who I will call Elizabeth. For a decade, she was subjected to brutal abuse by a grooming gang in Rotherham. Because of her tenacity, she managed to secure convictions, including one for an individual for nine years for two counts of child rape against her. After two and a half years, she discovered that he had been downgraded to an open prison. Neither Elizabeth nor the police were consulted about this or notified as part of a risk-assessment process, so one wonders whether it is just prison conduct that contributes to risk assessments. More concerningly, he is potentially up for weekend release, although that is not going to happen because of covid. In Elizabeth’s own words, how effective does the Minister think the release on temporary leave system is? I would appreciate a direct answer.

[Lucy Frazer]

I am very grateful to the hon. Lady for raising this important and tragic case. She has written to me about it, and I hope that she has had the content of my letter back. I know that the service has already apologised to her constituent, and I apologise on its behalf, for not contacting her before the referral to open conditions. The victim liaison officer has made the offender manager aware of conditions that should be imposed on any release on temporary licence and so those will be taken into account should there be any ROTL granted. I am happy to continue to discuss this case with the hon. Lady at any opportune moment.

Oral Answers to Questions

Sarah Champion Excerpts

Tuesday 14th January 2020 Commons Chamber

[Robert Buckland]

I thank my right hon. Friend for raising that point. I have met in this place families of victims of this appalling crime and worked with hon. Members across the House on the issue. I want to get on with it. The commitment remains absolutely crystal clear. I very much hope that we can have a vehicle to do that. I am going to be doing a sentencing Bill this year; that could be one vehicle. I want to get on with this as soon as possible. We will have the time and the support of the Government to change the law in the right direction.

[Sarah Champion (Rotherham) (Lab)]

At the moment, there exists a loophole in the law that allows prolific sexual offenders to groom 16 and 17-year-olds with impunity. The independent inquiry into child sexual abuse, the National Society for the Prevention of Cruelty to Children, the Church of England, the Offside Trust and the all-party group on safeguarding in faith settings are all calling on the Government to close that loophole to protect children. Will the Minister please meet me to explain why the Government have not acted thus far?

[Robert Buckland]

Again, I pay tribute to the hon. Lady for her consistent campaigning on these issues; we have worked together on them over many years. I am interested in the overall issue of grooming because it affects not only children but adults with learning disabilities. The Law Commission is looking at this issue now, but we cannot wait. We need to get on with change. I certainly will meet her and talk through the issues with her at the earliest opportunity.

Oral Answers to Questions

Sarah Champion Excerpts

Tuesday 4th June 2019 Commons Chamber

[Paul Maynard]

I would be happy to meet my hon. Friend and Peter Wanless from the NSPCC. My hon. Friend rightly makes a number of points that need to be borne in mind. We have to give an element of consideration to individuals who are in a position of responsibility in relation to young people with the degree of vulnerability. There is always a balance to be struck so that we do not criminalise behaviour that is currently legal, and the age of consent remains at 16.

[Sarah Champion (Rotherham) (Lab)]

People who prey on children often deliberately get themselves into a position of trust, and they know and exploit this legal loophole, as I believe the Minister is aware. Rather than simply carrying out a review, will he do what the previous sports Minister agreed to do, which is to change the law?

Adult Survivors of Child Sexual Abuse

Sarah Champion Excerpts

Wednesday 22nd May 2019 Westminster Hall

[Sarah Champion (Rotherham) (Lab)]

I beg to move,

That this House has considered achieving quality information and support for adult survivors of child sexual abuse.

It is a true pleasure to serve under your chairmanship, Mr Hollobone. I declare an interest as an ambassador for the National Counselling Society. Child sexual abuse in the UK is a public health crisis. The number of victims is simply staggering: 7% of people aged between 16 and 59 report being sexually abused as a child, which equates to more than 2 million survivors in England and Wales alone.

The all-party parliamentary group for adult survivors of childhood sexual abuse, which I chair, recently published the results of a six-month inquiry into the impact of abuse, and the support and information that survivors need to recover. Of the 365 survivors who responded, 90% said that their intimate relationships had been negatively affected by abuse, 89% said that their mental health was negatively affected, 72% said that it was damaging to their career, 65% said that their education was affected, and 46% said that it had a detrimental impact on their financial situation.

It is common, if not typical, for mental health conditions triggered by the trauma of childhood sexual abuse to have a detrimental impact on all aspects of a survivor’s life if left untreated. They can cause survivors to fall out of employment, which jeopardises their financial situation and puts a strain on their family life. Some survivors accrue substantial debts while trying to pay for private therapy after they have failed to access appropriate support on the NHS. Others struggle to find jobs in the career they want to pursue, because their education was severely disrupted as a result of missing education because of abuse. For many survivors, the trauma of abuse makes it difficult to develop close trusting relationships.

The APPG’s report recommends that the Government publish an assessment of the economic and social costs of child sexual abuse, as the Home Office has recently done for domestic abuse. Having that information will help policy makers and the public to understand the scale of the issue.

[John Howell (Henley) (Con)]

The hon. Lady is making an excellent point. Of course, we have all seen many sufferers of sexual violence live with that for years and years, unable to express it, until a sudden trigger point means that they can come forward and say what has happened. Will she review those trigger points, so we understand them and can encourage them? Can she also tell us what she would recommend to encourage people to come forward as early as possible to discuss such issues? The earlier they are discussed, the easier it will be for the person involved.

[Sarah Champion]

The hon. Gentleman makes profound points that go to the nub of the argument. If survivors had confidence that the system would support them, I genuinely believe that they would come forward earlier. Early intervention is key—having a few sessions where people are listened to and fundamentally believed, and can then continue with the rest of their lives.

What tends to happen, however, as the hon. Gentleman has alluded to, is that survivors do not have that trust, so it can take decades for them to come forward, if they ever do. As a result, the spectre hanging over them infiltrates every aspect of their life. A trigger can be anything—the same aftershave that their abuser was wearing or a feeling of being enclosed in a space—so unless we address the actual issues and recognise that these people are victims of crime, they will not be able to lead their full lives and reach the potential that we all deserve to achieve.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Lady for securing the debate and for her work on the subject across the House, in Westminster Hall and in the main Chamber, for which we greatly respect and are proud of her. I met a lovely lady who was repeatedly sexually assaulted in the worst imaginable ways. To say that she still bears the scars is an understatement. The support for her, and too many others like her, was not in place when it should have been. That failure has to stop. Does the hon. Lady agree that the time has come for us in this place to step up and do right by those who have been so terribly wronged? The system needs to be there at the beginning, and now, when they need it most.

[Sarah Champion]

I completely agree with those sentiments. It is a blessing that MPs such as the hon. Gentleman fight for people when they need it, but it should not come down to an MP fighting for an individual. They pay their taxes. We have a duty to support them. That support should be accessible to everyone as an automatic right.

Survivors told our inquiry that the impact of trauma caused by childhood sexual abuse is not widely recognised by professionals, which can make it hard to get the support they need. One survivor described visiting a GP as

“a lottery as to which kind of help they will get”

and said that there is a

“lack of diagnosis and failure to understand the significance of the disclosure…many survivors are misdiagnosed with lower level issues such as anxiety and depression.”

Survivors feel that the effects of the abuse are not well known in the NHS. Frontline staff are not equipped to deal with disclosures, and they do not have the knowledge to direct survivors to appropriate treatments. It is telling that, although 89% of survivors said that their mental health had been negatively affected by abuse, only 16% said that NHS mental health services had met their needs. Another survivor told our inquiry:

“I’m a survivor of childhood sexual abuse and of the mental health system.”

Recent studies have found that a wide range of social and environmental factors increase the risk of mental ill health, including growing up in poverty, early separation from parents and experiencing sexual abuse as a child. Professor Richard Bentall at the University of Sheffield has argued that the evidence of a link between childhood trauma and a future psychiatric disorder is at least as strong as the evidence of genetic causes. Solid evidence also shows that adverse childhood experiences can affect the brain structure, which then affects a person’s sensitivity to stressful situations and causes fluctuations in mood throughout adulthood. That has significant ramifications for adult survivors of childhood sexual abuse.

Survivors of childhood sexual abuse have two cards dealt against them. Because the trauma of the abuse increases their risk of developing psychiatric disorders later in life, their risk of experiencing adverse conditions as an adult also increases. The findings of that research were borne out by our surveys, which demonstrated survivors’ experiences of poor relationships, unemployment and financial hardship.

Survivors need the professionals they interact with, whether they are child protection social workers, jobcentre work coaches, GPs or judges, to be curious about the circumstances that led to their current predicament, rather than just dealing with the presenting symptoms. Survivors told the inquiry they want frontline professionals to ask not, “What’s wrong with you?” but, “What happened to you?”. That professional curiosity will allow survivors to build relationships with professionals that are oriented to meeting their needs. It is key to achieving quality support and, ultimately, securing justice. Will the Minister commit to developing guidance and training on trauma-informed practice for frontline professionals, in conjunction with the specialist voluntary sector and his colleagues across Departments?

Survivors told the APPG that the support they found most important to their recovery is specialist voluntary sector counselling and therapy; I will shorten this to “specialist services” for the rest of the debate. Specialist services provide a range of options tailored to meet the needs of the survivor, including counselling, support groups and advocacy. Survivors say they value these services for a wide range of reasons: the services provide them with support regardless of whether they report to police; they are met by knowledgeable staff in a welcoming, non-clinical environment; and the staff recognise that there is nothing intrinsically “wrong” with them and that the issue is the effects of the trauma caused by the abuse.

We need to continue to develop what we know about child sexual abuse, its links to mental illness, and the most effective forms of support and therapies for survivors. The APPG wants the National Institute of Health Research to commission studies into effective therapies for survivors of abuse and I urge the Minister to support us in that aim.

The inquiry heard that specialist services face unprecedented demand without a related increase in their budgets. SurvivorsUK reported a 30% year-on-year increase in people attempting to access its services in each of the last three years. In 2017, the National Association for People Abused in Childhood—NAPAC—answered 8,500 calls and emails on its national support helpline, but that is less than a tenth of the 90,000 inquiries that it received that year.

[Sir Kevin Barron (Rother Valley) (Lab)]

I am grateful to my hon. Friend for giving way and I congratulate her on securing the debate. She has mentioned one issue that we Rotherham MPs are all too aware of—without the proper services to support these people, justice will not be brought through the courts. If we look at the number of people who the Jay report says were abused, we can see that the number of people who come forward is far, far fewer than that, and without these types of services we will not get these people the justice that they deserve, and they all deserve justice.

[Sarah Champion]

I completely agree with my right hon. Friend, and I congratulate him, because as a Rotherham MP he has been an absolutely tireless campaigner, both to get justice for the survivors in Rotherham and to get the support services, which we are still waiting for.

The APPG’s inquiry into adult survivors of childhood sexual abuse found that the average male survivor waited for 26 years before disclosing abuse. Therefore, it cannot be right that, at the moment survivors are ready to speak about their abuse, they are forced to join the back of a queue, with waiting lists a year long, and sometimes waiting lists are closed, due to demand and the lack of funding to meet it. Across the country, the reality for survivors is a lengthy wait for support, or limits on the number of sessions available.

Although it was welcome that the Ministry of Justice increased by 10% the rape support fund, which provides grants to specialist sexual violence support services, specialist services are seeing demand increase far in excess of 10%.

[Lilian Greenwood (Nottingham South) (Lab)]

I congratulate my hon. Friend on securing the debate, and I am really pleased to have this opportunity to intervene on behalf of survivors in Nottingham. She is doing a fantastic job. Does she agree that there needs to be a specific pathway, so that people can get referred to robust trauma therapy without having to tell their story again and again, and wait for months? Actually, there is a model for such a pathway, because one has been established for veterans. Should not the same level of care and support be given to these people who—to be honest—have already been failed by the system once? Providing such a pathway would go some way towards recognising that we have failed them by allowing them to be victims of child sex abuse in the first place.

[Sarah Champion]

I completely agree with my hon. Friend, and it should go on the record that she has been such a fighter for the survivors in Nottinghamshire, which is hugely appreciated. Yes, she is right that victims should not have to battle and beg to get support services to enable them to live their life. They are a victim of crime; access to such support should be an automatic right. But victims having to tell their story time and again is something that we keep hearing about. The thing that I am most fearful of is that some of the people going through that fight will just step away from it, and who can blame them for that? However, as a society and as a Government, we need to address that situation and we need to do it now.

To that end, would the Minister consider developing a mechanism for pegging the funds to uplifts in demand, so that specialist services and survivors are not forced to bear the effect of any funding shortfall? Instead, the Government would pre-empt that need and fund it accordingly. We all have to admit that for too long the Government have been behind the curve on this issue.

If we acknowledge the prevalence of abuse and its devastating costs to the individual and society, the logical policy to adopt is a transformative funding package that funds services that redress the trauma of abuse and help survivors to recover. Minister, that requires more than an occasional 10% uplift.

Will the Minister commit to asking the Chancellor for a cross-Government strategic fund, which meets the core funding needs of specialist services, to prevent and respond to child sexual abuse? He may find that he is pushing against an open door, because in March and again in the main Chamber yesterday the Chief Secretary to the Treasury spoke about survivors, saying in March that

“because they have been traumatised and left in despair after suffering the consequences of crime…it should be government’s responsibility to prioritise support for these people”.

Both the NHS and the specialist voluntary sector have a vital role to play in supporting the recovery of survivors. On average, 17% of the budgets for specialist sexual violence and support services comes from the rape support fund, and 14.5% comes from NHS England and clinical commissioning groups, or CCGs. The APPG’s inquiry heard that CCGs have a responsibility for commissioning long-term therapeutic support for survivors. However, when I asked Ministers for an assessment of the effectiveness of CCGs in this regard, they told me that they do not even collect the data on it.

When survivors tell us that the support they need is not there, and specialist support agencies find many CCGs challenging to work with, I must say that this lack of data is extremely concerning. I therefore also ask the Minister to make representations to his colleagues in the Department of Health and Social Care to collect this data centrally, so that proper analysis of it can be made. If it is discovered that CCGs are failing in their duty to commission such support, will he consider ring-fencing funding for the long-term therapeutic support that survivors need?

There also needs to be research into the availability of appropriate services for black, Asian and minority ethnic survivors; for lesbian, gay, bisexual and transgender survivors; and for disabled survivors. During the APPG’s six-month inquiry, we found virtually no evidence, or indeed recognition, of those survivors’ specific needs, nor a desire to commission the services that they need, which is of considerable concern.

Minister, a nationwide public health campaign about child sexual abuse is required. It would raise awareness and—importantly—reduce stigma. It should also aim to direct both survivors and professionals to sources of information and support. In the absence of professional expertise, survivors said that they need quality information about the impact of abuse and about where they can access support. To date, professionals are described as being “caught out” by disclosures, and therefore as being unable to provide up-to-date, relevant and accurate information. In such a situation, survivors usually take it upon themselves to find information and services on the internet, which has mixed results.

In parallel with a public health campaign, the Government need to address the fact that existing sources of information and support are patchy and disparate. The Government could do more, in co-operation with the specialist voluntary sector, to provide online resources about the impact of abuse, and information about the support services that are available, both locally and nationally. This will necessitate cross-Government working and marshalling existing online information from police and crime commissioners, specialist service umbrella agencies, and the Ministry of Justice’s own Victim and Witness Information website. Survivors and professionals need to know where they can source information and support; currently, there is just no clear answer for them.

[Andrew Griffiths (Burton) (Con)]

If the hon. Lady will forgive me for saying so, I just cannot congratulate her enough, both on securing this debate today and on her work with the APPG, which I am proud to be a member of.

As Members of Parliament, we come to this place to speak for others, but I am sitting here and the hon. Lady is speaking for me, as a survivor of child sexual abuse myself, through the things that she is saying and the way that she is articulating the difficulties in coming forward—in admitting it even to yourself; admitting it to others is even more difficult. She talked about people taking an average of 26 years to talk about their abuse as a child. For me, it took 40 years, and here I am—an articulate, sensible, educated man.

I urge the hon. Lady to continue this campaign for greater awareness. We all understand that the more we talk about this issue, and the more we break down the stigma, the more that people will come forward. Since I spoke about my own individual case, I have been inundated by people in the same situation contacting me to say, “Me too. We went through that.” I have even had people who work in this place come up to me and say, “You are speaking for us.” I congratulate the hon. Lady, but will she continue to fight for that awareness campaign?

[Sarah Champion]

First, I promise that I will continue fighting for that awareness campaign, as the Minister knows. Secondly, I thank the hon. Gentleman for being so outspoken on this issue and using his own, personal testimony, because that is what resonates. The reason we set up the APPG was that a staff member in Parliament came to me and shared his experience. Looking around this room, and holding the statistic that 7% of adults in the UK are survivors of childhood sexual abuse, the hon. Gentleman will not be the only one present. I admire him, and thank him for sharing his story to help other people. I turn to the Minister after such a testimony and ask him to please address this worrying shortfall, and commit to developing a public health campaign, with the associated website and the information we need alongside it.

I thank all MPs present and the Minister, who I know cares deeply about finding solutions to these issues and has done so much so far. I thank all the professionals and specialists in the voluntary sector and across the board who have contributed to the APPG’s report. Most of all, I thank the 400 survivors of childhood sexual abuse—some of whom are in the room, and many of whom are watching on telly—who have generously given their time and experience to try to make positive change for all victims and survivors in future.

I have illustrated today that child sexual abuse is a public health crisis. The number of affected adults is in the millions, scattered across the four nations of the United Kingdom. The trauma of abuse has severe implications for a survivor’s mental wellbeing, which in turn negatively impacts their relationships, work and financial security. Fortunately, the solution lies before us: the Government can ensure that frontline professionals are curious about a person’s trauma, and are able to recognise how that trauma may impact behaviour and wellbeing. They can fund specialist voluntary sector services to meet demand while continuing to improve NHS pathways. They can take responsibility for the information available to survivors, harness new technologies, encourage better collaboration, and prioritise child sexual abuse as a public health issue.

I will leave Members with the words of a survivor from my constituency of Rotherham:

“We need counselling and we need therapy. We need the little things. There’s nothing there. Just a chance to rebuild our lives. It’s. Not. Our. Fault.”

[Mr Philip Hollobone (in the Chair)]

The debate can last until 4.30.

Oral Answers to Questions

Sarah Champion Excerpts

Tuesday 12th March 2019 Commons Chamber

The Secretary of State was asked—

[Sarah Champion (Rotherham) (Lab)]

1. What steps he is taking to improve the experience of victims giving evidence in court.

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

The hon. Lady has done so much on this issue and on campaigning for victims more widely. While a range of special measures already exist, we can and will do more. As she will recall, last September we published the victims strategy, which sets out the steps to support victims of crime further, including in court, and those steps have recently been added to with our commitments in the draft Domestic Abuse Bill.

[Sarah Champion]

I thank the Minister for his answer. Adult survivors of child sexual abuse often wait decades to see their abuser face justice. While survivors are often key witnesses, there is no statutory duty for them to get paid leave. I have met many survivors who have to take unpaid leave or holiday, but cases could unravel without their attendance. Once again, victims are being penalised for the abuse that they have suffered, so will the Minister review the matter and ensure that no victim experiences a financial loss for getting justice?

[Edward Argar]

I mentioned the hon. Lady’s work campaigning for victims, and she is particularly active in campaigning for the rights of those who have suffered child sexual abuse. She makes an interesting point, and I would be happy, as always, to meet her to go into it in more detail.

Children Act 1989 (Amendment) (Female Genital Mutilation) Bill [Lords]

Sarah Champion Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Monday 11th March 2019 Commons Chamber

[Zac Goldsmith]

I could not agree more vehemently with my hon. Friend. FGM is not just a kind of child abuse; it is child abuse by any definition or metric.

I said earlier that FGM has no basis in medicine and, despite what we are often told, nor does it have any basis in any religion. The practice is often wrongly blamed on Islam—this can particularly be seen on social media—both by extremists who want to justify or, in some cases, even advocate FGM and by others who wish to use FGM as a stick with which to bash the religion itself. In fact, the practice predates Islam, and the Koran neither advocates nor justifies it in any way at all.

The consequences of FGM can be extreme. It can lead to severe pain, excessive bleeding, infection, menstrual problems, pain during sex and childbirth, and deep, long-lasting psychological trauma. In fact, the effects of FGM can, and often do, last for the duration of a person’s life. It is estimated that, around the world, at least 200 million women and girls alive today have undergone FGM. In England and Wales, shockingly, the figure is around 137,000, although not all of them were subjected to FGM in either England or Wales.

I apologise to those of a sensitive nature, but during a recent urgent question on this issue, after the Bill was blocked by my hon. Friend the Member for Christchurch (Sir Christopher Chope), a number of colleagues raised concerns about male circumcision as if there were some kind of comparison between the two. Whatever our views on male circumcision, it must be obvious that it does not compare to FGM. The male equivalent of FGM would not be circumcision; it would be the removal of the entire head of the penis and much of the shaft, too.

[Sarah Champion (Rotherham) (Lab)]

We often hear this argument comparing the two, but male circumcision, in my experience, is rarely, if ever, done to subjugate the boy, whereas FGM is very clearly done to end women’s sexual pleasure.

[Zac Goldsmith]

The hon. Lady is exactly right, and I thank her for her intervention. It is also worth saying that, were a culture to experiment with such an extreme form of male circumcision on a comparable level to what young girls are experiencing around the world, I suspect it would not last more than a single generation, and it certainly would not require legislation and a campaign of the sort that Nimco Ali and her colleagues have waged.

--- Later in debate ---

[Mrs Miller]

I thank my hon. Friend for doing that. He is right to say that it is a jigsaw of issues that must fit together. I see Members sitting on the Front Bench from three different Departments, working seamlessly together on these issues. This Government have a lot to be commended for, especially with regard to the cross-departmental working on these issues, to the way in which they have characterised these sorts of acts against women as cowardly acts, and to making sure that the right support is in place for victims and for bringing perpetrators to justice.

In any of those issues—I am sure that those Ministers sitting on the Front Bench will be very aware of this—there is a need to have support in place, as the pressure that additional legislation brings, particularly on our colleagues in local government, cannot be ignored. I am particularly grateful to the Government for making sure that additional resources will be available to local authorities to deal with any extra pressures that this amendment to legislation imposes. When it comes to issues to do with children, where pressures are already acute, we cannot expect local authorities to be effective unless they have the resources to put the necessary support in place.

[Sarah Champion]

I completely agree with the right hon. Lady on the need for additional resources for local authorities. Does she share my concern that the National FGM Centre—a collaboration between Barnardo’s and the Local Government Association—is having its Government funding stopped in 2020, especially given that it is the main resource that local authorities are using at the moment?

[Mrs Miller]

The hon. Lady raises an important point about specialist provision and resources. I hope that the Ministers on the Front Bench will take that point away and consider how we can ensure that very specialist resources are available to local authorities, because it will be difficult for them to have that sort of expertise in-house. The hon. Lady makes an extremely valuable point, as somebody who has campaigned vigorously and with incredible compassion on these issues.

I want to underline the important role of the Department for International Development, which other Members have referred to in interventions. We should be proud that our country is the first country to have a dedicated anti-FGM programme, working across the globe. It is important for the House to underline that the Department has supported 8,000 communities to abandon, or campaign to abandon, FGM.

The Government have supported the Girl Generation programme—the largest ever global work on the issue, with over 900 organisations working to end FGM. The work that is happening outside the UK is not only important for women in those countries, although that would be justification enough to do the work; it is also invaluable in underlining the human rights of those women in their own countries. Last but by no means least, this work helps to change attitudes that can still influence communities in the UK. The importance of DFID’s work has to be acknowledged. Those who may be naysayers about our contribution to this global world should reflect a little on their views when they consider how this work can so enormously change the lives of millions of women across the world.

This is not a debate in which we will be thinking about internal processes too much, but it would not be right not to point out at least that the reason that we are here today is because of our private Members’ Bills system, whereby an individual Member—quite unrepresentative of the majority feeling of the House—can block a Bill. This is not just a Bill that will do something very small and day to day; it is so important to women’s lives. The whole House has to acknowledge that the need for reform of our private Members’ Bills system is long overdue, and we need to find a way of giving priority to that reform of this place. If we do not, we continue to run the risk of this House being brought into disrepute by individual Members exercising what might be a very principled point of view on the procedure of this place—although I am not sure that this particular objection was as principled as that. We need to acknowledge that this place can look prehistoric from the outside. If we are going to regain the trust of people in Parliament, this sort of reform has to be given priority at some point in the parliamentary calendar.

--- Later in debate ---

[Sarah Champion (Rotherham) (Lab)]

It is a great honour and privilege to be present in this debate because I really think that this House works best when we come together to protect the most vulnerable. I hugely congratulate the hon. Member for Richmond Park (Zac Goldsmith), who has done so much to secure the safe passage of the Bill. I add my support to the recommendations made by my hon. Friend the Member for Ashfield (Gloria De Piero) on how we can better protect all children from female genital mutilation.

As has been mentioned, FGM is not a cultural practice and we should not be seeing it as such; this is child abuse and it must be dealt with harshly, as child abuse. FGM has been illegal in the UK since 1985, but the lack of prosecutions has enabled people to come up with the myth that it is a cultural practice, rather than a crime against a child. I am very pleased that last week the strong sentence of 11 years was given to someone who facilitated FGM. That is the sort of message that needs to go out—that we will act, prosecute and jail people for this crime against children.

FGM is a big issue in this country. NHS Digital statistics from April 2017 to March 2018 show that there were 4,495 newly recorded cases of women and girls where FGM had been identified, that 6,195 individual women and girls had an attendance where FGM was identified or a procedure relating to FGM was undertaken and that there were 9,490 attendances reported to NHS trusts and GP practices where FGM or a procedure relating to FGM was identified. These figures, though, will be a massive underestimate of the actual problem of FGM in this country because of the hidden nature of the practice. Research has shown that there is no local authority in England and Wales where there is not a woman living with FGM. It is estimated that 103,000 women between the ages of 15 and 49, and 10,000 girls between the ages of four and 14, have undergone FGM, and there are a further 60,000 girls at risk of FGM in the UK.

I would like to bust the myth that this is just about UK girls being taken abroad for this practice. It is not—it is happening in this country as well. In recent years, there has been a phenomenon of cutting parties where people have figured out that it is cheaper to bring the cutter into this country and invite girls round—well, invite their parents round—for them to be cut. This is a UK problem.

That is not to say that girls are not taken abroad. Yes, this happens to young girls, but the most horrific case that I heard of was of a woman from London, born and brought up here. When she was 15, her parents asked if she would like to go back to the country that they grew up in to see what it was like. Of course, she welcomed this opportunity, and, at 15, went back. Literally as she came off the plane, she was introduced to the lady who was going to take her back to the village. At 15, this Londoner was taken back to the village, pinned down and cut. How does someone get over something like that? To be honest, she has not got over it.

Since 2015, health professionals, teachers and social workers have had a mandatory duty to report known cases of FGM to the police, but that is when it happened to people under the age of 18. I would like there to be consideration of support for women over the age of 18 once the crime has been committed. I had a meeting with a dozen women. Between them, they had about 20 children, so they had been to at least 20 GPs, 20 midwives, 20 nurses, 20 consultants—20 health professionals. Almost all the women had been advised to have caesareans because they had been stitched so closely that the damage it would have caused to even try to give birth naturally meant that it was not going to happen. The health professionals recognised that, because of their FGM, they could not give birth naturally. Not one of those women had that raised with them, ever, by any of those health professionals. No one offered them support or the chance for a prosecution—and that is just a group of 12 women that I met.

We talk about what is happening in France. I have only recently discovered that in the French health system, someone who has been subjected to this crime gets reconstructive surgery as an adult. A friend of mine, Marie-Claire, said that after having her reconstructive surgery, she felt like a proper woman—a sexual woman. She felt able to have sexual relations with her partner for the first time. That literal rebuilding of someone’s self-esteem as well as their body is something we need to be doing in this country. If someone was in a car crash and needed facial rebuilding, we would see that as something that the NHS would do, so why do women not automatically get that right for this crime?

This is also about justice. We need these women to know that they can get justice. As I said, it is great that the prosecution has happened, but there are many historical cases where justice has not even been mentioned to these women because what they have been through has not been recognised.

Having undergone FGM is a real barrier for women in coming forward for things like cervical screening. Many women do not want to go to a GP to report gynaecological issues because they are concerned that it will be raised and there may be prosecutions against family members. We need to get the reality of what is going on out there so that people can access the proper health support they need. If a woman is repeatedly missing her smear, rather than just writing her off and seeing her as someone who is not engaging, we need to be asking questions: “Are there reasons why you don’t want to come for your smear, and is there a way we can help and support you to overcome that?”

[Hannah Bardell]

The hon. Lady might be aware of the project My Body Back, set up by an incredible woman called Pav. It has a clinic in London and one in Glasgow, providing services for women who have suffered sexual violence or, indeed, FGM. I would commend those services to any woman who needs that specialist care.

[Sarah Champion]

I have heard of it but not visited. However, that is two centres for an estimated 160,000 women and girls. We need to have more and it needs to be statutory.

When we talk about prosecutions and mandatory reporting, the crime has already been committed and the damage, both physical and psychological, has already been done. We need to be doing much more about prevention. I would like to speak in support of the National FGM Centre, which is a collaboration between Barnardo’s and the Local Government Association. It receives funding from the Home Office, the Department for Education and the Department of Health and Social Care. None of those Departments is continuing its funding beyond 2020 because it is deemed that the centre ought to be generating its own income. I understand that. However, its main support services go via local authorities, which are already suffering under huge cuts and do not have additional resources to start buying in specialist support for FGM.

The National FGM Centre does great work. It embeds FGM specialist social workers within multidisciplinary safeguarding teams. It works from the bottom up, empowering communities to tackle this crime themselves and to get the word out that it is a crime and it should not be happening. The centre also does amazing training for professionals and provides a knowledge hub so that all local authorities can share the information. With the best will in the world, if the funding stops, the prevention work will stop with it.

[Mrs Miller]

I thank the hon. Lady for giving way. We agreed earlier that it is important for local authorities to have the funding, but I am not sure whether I agree that we should not encourage local authorities to take on this responsibility, because surely getting them to prioritise funding of facilities such as the one she mentioned is a great way to try to raise their awareness of this issue.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Order. We have 13 Members waiting to speak, and the Minister needs to wind up the debate. I do not want someone to miss out on the opportunity to make a speech. Can we all look after each other in this important debate?

[Sarah Champion]

I thank the right hon. Lady for her intervention, but I disagree. We need a centre of expertise. When resources are tight, we need to be able to push and make local authorities prioritise. If the Minister wants to do that and guarantee that all local authorities will make provision and ring-fence that money, I will be happy, but there still needs to be that centre of expertise.

The other area that I would like to touch on is relationships and sex education. I welcome the fact that children will now be taught about FGM at secondary school, but we need to teach them about it at primary school as well, because the majority of the crime happens to primary age children. They need to be empowered to understand what is going on and that it is a crime so that we can get ahead of this. All that said, I am hugely grateful that we are taking forward this amendment to the law.

Victims Strategy

Sarah Champion Excerpts

Thursday 11th October 2018 Commons Chamber

[Edward Argar]

My hon. Friend is right. In many aspects of the treatment of victims by the system, timeliness is hugely important. Although the operation of the scheme is a matter for the Criminal Injuries Compensation Authority, his points about timeliness and pace are well made and noted.

It is important that the review looks not only at the concerns regarding the eligibility rules of the scheme, but at its sustainability, the affordability of any changes to be made and the rules on the timescales for applications. It will also enable the Government to take account of recommendations made by the independent inquiry into child sexual abuse, which is investigating compensation and redress for victims of child sexual abuse. The review is expected to report in 2019 with recommendations for reform.

We have also announced our intention to remove the pre-1979 “same roof rule” from the scheme. We recognise that the rule has unfairly denied compensation for some victims of violence and abuse, who lived with their attacker as members of the same family, and we are committed to abolishing it as quickly as possible. I look forward to introducing proposals in the coming months. I take this opportunity to pay specific tribute to the hon. Member for Rotherham (Sarah Champion). Not only is she an honourable and diligent Member, but she is a brave and dedicated campaigner and a very decent lady. She has cause to be very proud of her work on this issue, as do her constituents.

Alongside the victims strategy and reflecting commitments in it, we have also launched a consultation on establishing an independent public advocate to support those who have been bereaved in public disasters through subsequent inquests and inquiries. Losing a loved one in any circumstances is always deeply distressing, but those who have been bereaved in a public disaster have the additional challenge of navigating the complex and often lengthy investigations into what happened, alongside many other families all struggling to get access to information and to make their voices heard. During this time, as happened to the families bereaved in the Hillsborough stadium disaster, the voices of the bereaved can be lost to the very people responsible for uncovering the truth. We are committed to ensuring that the experiences of the Hillsborough families are not repeated and that the concerns and views of the bereaved are heard. It is the right thing to do.

The independent public advocate will help bereaved families to engage effectively with investigations. They will ensure that bereaved families understand what is happening and why; that they can participate in these investigations, when there is the opportunity to do so; and that those undertaking the investigations understand the views of the bereaved and are able to answer any questions they have. The independent public advocate will help to ensure that the voices of the bereaved are heard. Our consultation, which runs until 3 December, explores the role of the independent public advocate in greater detail, seeking views on when the support will be available, what investigations the role will cover and who will be eligible for support. I wholeheartedly encourage Members to contribute their views to that consultation.

We recognise that support can be fragmented and difficult to navigate and that victims often do not know what is available or where to find help. For many, the experience of being a victim does not stop after a crime has been committed. We are committed to ensuring that victims receive quality support when and where they need it. We are working across Government to develop seamless support for all victims of crime through better agency co-operation and more devolution to police and crime commissioners. In that context, I am particularly pleased with the work being led by Assistant Chief Constable Emma Barnett, who is pulling together cross-agency working groups to make sure that that work is driven forward at pace across all agencies.

In the past, the shadow Minister, the hon. Member for Ashfield, has rightly raised questions about funding. The strategy is for all victims and outlines additional funding of approximately £37 million that is provided for those who report crime and those who, for whatever reason, do not or cannot. It also sets out our plans to bring Government and agency spending on supporting victims—roughly £200 million a year—together for the first time, to improve co-ordination. To do this, we will develop a new delivery model for support services, which will allow us better to co-ordinate and combine funding, in order to increase its impact. There are new services and additional funding, but we also plan to make existing money work better, with our focus less on inputs than on outputs for victims, so that we can improve support and ensure that the money goes to the right people, in the right place at the right time.

As part of the additional funding, we have committed to increasing spending from £31 million to £39 million on improving services for survivors of sexual violence and abuse who seek support from sexual assault centres. We will bring in new funding for advocacy for those affected by domestic homicide, and we are improving the support for families bereaved by murder and manslaughter by replacing current funding arrangements, allowing them access to the widest range of support, based on their needs. We have further committed to improving support for victims of sexual violence. From April 2019, we will award grant funding to rape support services for two years, rather than for one as we do now, offering more stability and certainty to those essential support providers. We will also explore the benefits of full local commissioning of sexual violence support services with police and crime commissioners, who we believe have a key role in responding to the needs of victims in their local area.

We are spending £8 million on interventions to make sure that the right support is available for children who witness domestic abuse. For some children, that trauma can lead to internalisation and normalisation of abuse, and perhaps to repetition. We must do all we can to break the cycle and to end this abhorrent crime.

We will ensure a criminal justice system in which perpetrators are brought to justice, and that intervenes to protect victims before abuse escalates.

We are acutely aware of the importance of listening to and understanding victims’ experiences of domestic abuse, and that is why the Government recently held a consultation on transforming our response to such experiences. We will publish our response later this year, and introduce legislation through the domestic abuse Bill. I am pleased to see sitting beside me the Under-Secretary of State for the Home Department my hon. Friend the Member for Louth and Horncastle. She is my opposite number in the Home Office and is doing amazing work driving forward this agenda. I work closely with her on this issue, along with the Solicitor General.

Victims need support and information so that they remain confident and engaged, and so that they have the tools they need fully to understand and challenge decisions in the justice system. We will improve support after a crime has been reported by introducing better police training on conducting interviews and collecting evidence, and we will trial body-worn cameras to assist in taking victims’ personal statements. That will give greater choice in how victims are heard and reduce the need for statements to be repeated multiple times to multiple people, which involves the added trauma of having to relive the experience once again.

We are committed to increasing the number of intermediaries by a quarter, so that there are more experts to assist victims and witnesses in communicating evidence to the police and courts. Furthermore, we will improve communication with victims by clearly explaining decisions not to prosecute, and the right for them to review Crown Prosecution Service decisions. We reiterate our clear support for the unduly lenient sentence scheme, which is led by my hon. and learned Friend the Solicitor General.

We fully recognise that for some, going to court can be daunting and criminal trials can be complex. We want to minimise the impact on victims of attending court by improving the support available, and responding to their practical needs. We will deliver that by launching new guidance and a toolkit for prosecutors and therapists, to encourage the take-up of pre-trial therapy. We will improve the court environment with new victim-friendly waiting areas, and continue to develop the use of video links that allow vulnerable victims to give evidence away from the defendant and courtroom.

[Sarah Champion (Rotherham) (Lab)]

I know the Government have been trying to roll out video links for a while, but one kickback comes because courts do not have the funds to get the equipment. Will the Minister address that?

[Edward Argar]

We are developing the video link scheme, and one key factor of its development is to ensure that the technology is robust and does the job. That is why we are taking our time to ensure that we get this right and that prosecutors, defendants and judges have confidence in that technology. The scheme will be rolled out to more courts in fairly short order, but the real factor behind the time we are taking is to ensure that we get it right and that trials continue to be robust.

We will expand support for families who have been bereaved by gang violence. The recent spate of gang-related violence, especially in London, has shone a light on the devastation that knife and gun crime can reap on families and communities. Alongside the strong lead taken by the Home Secretary in bringing forward measures to tackle the issue at source, we will introduce new funding for those affected by homicide.

--- Later in debate ---

[Gloria De Piero (Ashfield) (Lab)]

I thank the Minister for his kind words, his tone, and the commitment to victims that he demonstrated in his speech. There is, of course, much to welcome, and although I know he is relatively new to this role, I will raise once again the deep frustration that I feel, because it is years since the Government first promised that they would enshrine key entitlements for victims and witnesses in primary legislation. These measures are welcome, but it seems a little late to be still saying “consultation, consultation, consultation.” I suppose victims will have to wait a little longer for their rights to be taken seriously, and for some of the positive measures mentioned to be guaranteed by law.

Rights in the current victims code are not sufficiently enforceable, and without the power to enforce that code in law, it is left to the police, prosecutors, courts and the Parole Board to monitor how well they comply and to mark their own homework. Well-meaning but underfunded service providers are creaking under the weight of Government cuts, and unscrupulous practitioners are still able to leave victims without their rights or any come back.

As I have been saying for months, the only thing that will do is legislation. The Victims’ Commissioner, whom the Minister rightly praises, has called for a victims law, and for seismic change in the culture of the justice system. Victim Support has demanded legislation, along with a raft of other campaigners. The Government now say that they will consult on a revised victims code in 2019—nearly half a decade after they first promised to provide a victims law—and on the detail of victim-focused legislation. Can the Minister say what part of victims’ rights would not require legal status? Why not make the entire code law, along with any welcome and necessary additions?

I was dismayed, although not entirely surprised that, after I submitted various written questions—I think this was before the Minister’s tenure—I discovered that the Government do not collect data on the experiences of victims in the criminal justice system, or on how the code is being implemented. They could not tell me how many breaches of the victims code there have been in the past 12 years, how long it takes for victims to receive any compensation they have been awarded, or how many victims of domestic violence have been cross-examined in court by the perpetrator—the list goes on. The Government simply do not monitor whether the code, which they admit is known about by only a fraction of victims, is having any effect. Will the Government commit to act by looking at how this is or is not working, now and after any legislation is passed? Can the Minister tell me the answer to any of those questions today? Will his Department commit to annual reporting on the state of victims’ rights?

It is also disappointing that some fundamental issues that victims and campaigners have been shouting about from the rooftops are not addressed in the strategy. Why are there no measures to stop the barbaric process of allowing victims of rape to be cross-examined in a way that is designed to undermine their credibility? We have seen instances of rape survivors being grilled by their previous partners about their underwear and even about owning sex toys in an attempt to undermine their credibility and to show that their sexual history meant they were surely consenting to their rapist.

Meticulous research from Dame Vera Baird QC, the former Solicitor General, and the Northumbria police and crime commissioner, to whom the Minister referred found that rape complainants’ previous sexual history was used as evidence in 37% of the trials she studied. In the majority of those cases, the evidence used related to the women’s sexual activity with men other than the defendant. In almost two thirds of the cases where previous sexual history was used in evidence, the proper procedure to apply for the judge’s consent ahead of trial with notice to the prosecution was not followed. There was either no application or it was made at trial without notice. In one trial, the defence barrister said that his line of questioning was to show that “she is an adulteress”. Surely the Government can see that that is outrageous—we are living in 2018—especially after so much progress has been made by the Me Too movement.

[Sarah Champion]

I am sure that my hon. Friend is also aware and deeply shocked that in cases of child sexual exploitation, children are disproportionately asked about their past sexual behaviour, which then goes out in front of the court. Surely that must be stopped.

[Gloria De Piero]

My hon. Friend is absolutely right, and let me take this opportunity to commend her for her rigorous and unstoppable campaigning work. That is a very good point, which, if we are having a consultation, should be included in it.

The Victims’ Commissioner for London rightly said that this process re-traumatises victims. It causes them irreparable harm and prevents other victims from coming forward, yet we see nothing about that in the strategy.

--- Later in debate ---

[Mike Wood]

I am sure that the Minister will respond to my hon. Friend’s point, which I agree with. Of course, some of the legislation going through the House is relevant to that point, whether the legislation relating to the Government’s domestic violence strategy or private Members’ Bills, such as the Stalking Protection Bill promoted by my hon. Friend the Member for Totnes (Dr Wollaston). They will allow the criminal justice system to ensure that perpetrators are stopped before their crimes, which are directed largely at women but also at men, escalate to something more serious.

Although much progress has been made in recent years—and we all recognise that the £200 million being spent on supporting victims is a considerable amount of money—I am sure that we all have examples from our constituencies of victims being let down by the system. One of the most upsetting cases that I have dealt with recently involved a young woman in my constituency. The charges for the crimes that she was the victim of covered a range of serious offences, including sexual offences and false imprisonment. Her statement included evidence of very coercive behaviour, domestic violence and assault. Yet her experience of our criminal justice system was simply not good enough.

After an arrest was made, the communication from the police was certainly not good enough, but it got worse as the cases progressed. At the initial bail hearing there was little or no communication from the police or the Crown Prosecution Service. The family understand that the CPS did not contest the bail hearing, despite the very serious offences involved, but they still do not understand how or why that decision was made. The suspect was released on bail and continued to live in the local area. Although bail conditions were of course imposed, the police offered no reassurances on how the victim could be protected pending trial.

The accused was re-arrested after an incident and an application was made to vary the bail conditions, but that hearing was missed because, as far as we can ascertain, they were taken to the wrong court on the day of the hearing after a weekend in a police cell. Having missed the hearing, the accused was re-released on the existing bail conditions. We can only imagine how that affected the victim and her family. It is simply not good enough.

Perhaps more worryingly, the victim and her family have constantly been told that it would be better if she did not have any counselling, therapy or help to deal with these traumatic experiences until the trial concluded, in case it influenced the evidence. A victim may have to wait 15 or 18 months before the case comes to trial, and all that time without proper support is extremely damaging. Even with the best psychiatric support, therapy and counselling, and any other services that the state, the third sector or anyone else can offer, it is difficult to see how that damage could be repaired at a later stage.

[Sarah Champion]

I am grateful to the hon. Gentleman for making that point about the suggestion that victims should not have counselling before going to court. I have heard about that a lot recently, from both the police and the CPS. Is that something the Minister could look into, because there are appropriate types of counselling that would not disrupt people’s recollection, and they are being denied that support?

[Mike Wood]

I hope that can be considered. Clearly nobody wants to endanger a fair trial, or to give another reason to cast doubt on credible evidence. The circumstances of a lot of domestic violence and serious sexual offences mean that the evidence available is often not as concrete as it might be for other types of crime. We really do need to ensure that victims receive both the service they deserve and the support they so desperately need. This strategy is an important first step in making sure that is the case. I have referred to only one example from my constituency, although it is a particularly distressing one, but I am sure that there are very few Members, if any, who have not encountered something similar in their own constituency casework.

I welcome the strategy that the Minister introduced today, and particularly the plans for a victims Bill. It is so important that we look to place on a statutory footing the strengthening of those rights already provided in the code and of the powers that the Victims’ Commissioner has to ensure that victims’ rights are protected within Government and outside, to ensure that victims and their families have access to information—the right to be informed—and the right to be properly involved. Clearly, this does need to be done on a cross-Government basis, as it does not all fall within a single Department.

The crime survey of England and Wales suggests that one fifth of adults will be the victims of crime this year in some form. The strategy is an important step in making sure that those victims who have already suffered from crime are not made to suffer again through the process that follows that crime.

--- Later in debate ---

[Sarah Champion (Rotherham) (Lab)]

I thank those in the Chamber for their kind words. We all do the best that we possibly can for our constituents and the most vulnerable, and sometimes the consequences of doing so are a little startling, but colleagues have given me the confidence to keep on going, and I appreciate that.

Like many in this House, I regularly meet victims of crime before, during and after their involvement with the judicial process. Regrettably, very few have ever received the level of care, support and service that they should be able to expect. Sadly, what I hear most often is how traumatic the experience was. Survivors of child sexual exploitation will invariably tell me that their encounter with the judicial system was a second form of abuse.

The Minister’s commitment to victims is admirable, and I will do all I can to support him in making the long overdue changes both in practice and the law, but we must now see real changes in how we support victims of crime. The Government’s plan to address the current deficit is most welcome, but we now need to focus on the detail. There are statements about co-ordinating and about combining and reviewing the effectiveness of funding, but, with the exception of the £8 million increase in funding for sexual assault referral centres—SARCs—over the next three years, there appears to be little additional money entering the system. The Government’s plans to reform the current funding streams do not appear to be fully formed. Minister, what is actually needed is simply more cash in the system.

In the strategy, it is acknowledged that in the current system for some victims,

“support is not always available as and when victims need it.”

That is correct, but it is the solution to this problem that we look to the Minister to deliver.

There are two areas of consideration in terms of victim support: first, the provision of early intervention services at the point of disclosure, such as SARCs; and, secondly, the accessibility of universal long-term services, such as mental health support, housing and benefits to victims in need of ongoing support. SARCs are of course crucial. A Council of Europe study found that there needs to be one sexual assault centre for every 400,000 women. According to the Office for National Statistics, there are currently 28 million women in England, but there are only 47 SARCs, leaving us 14 short of the recommended minimum standard. Please will the Minister look at making sure that this gap in provision is addressed, and that there is a SARC for everyone, regardless of where they live?

Providing such services is not just good for the victim; it is also good for justice. Bristol university has just demonstrated the vital role of independent sexual violence advisers—ISVAs—in improving criminal justice outcomes. Analysis of 585 rape cases showed that 36% had the support of ISVAs. Where an ISVA was involved, 43.2% of suspects were charged, as against 21.5% without their involvement. Convictions followed a similar pattern: a 12.3% conviction rate if the victim had an ISVA, as against 5.4% if they did not.

Predominantly, victims services are commissioned by police and crime commissioners using grant funding, but they are hamstrung by the Ministry of Justice, which generally makes grants on an annual basis. This means that small charities receive only short-term funding, which contributes to precarious finances, job insecurity and an inability to plan, making it much harder for them to invest in local services for the long term. As part of the review, will the Minister please commit to additional funding for services that act as first responders to victims, and consider granting PCCs grants for victims services for a period of more than one year?

The need for long-term support for services becomes even more pressing as there is so little detail in the strategy on securing such support for victims. SARCs and other victims services are brilliant at providing an emergency care package and then referring on to other services, yet too many victims receiving an assessment of their needs at a SARC face delays in accessing the recommended therapeutic services. The situation is worse for child victims. A University College London study this year found that 80% of girls aged between 13 and 17 experiencing sexual assault had at least one mental health disorder after five months, and that 55% had at least two. Last year, the Children’s Commissioner said:

“We know that most adult mental health problems start in childhood and that without treatment, children’s problems are likely to get worse.”

It is therefore appalling that Public Health England found in 2016 that only 25% of children who needed mental health treatment received it.

Where statutory services are unable to support victims, third sector organisations desperately try to make up the shortfall. Organisations such as Rape Crisis provide vital lifelines for victims and survivors in their time of crisis, yet they are unable to meet the demand with their current levels of funding. More than 6,000 women and girls are currently on Rape Crisis’s waiting list, and in my constituency, the Rotherham abuse counselling service has 260 people on its current waiting list. The average waiting time is now seven months. Not to address this is not only morally but fiscally irresponsible. To support victims of crime in a professional and timely manner enables them to quickly rebuild their lives. If we do not do that, the cost to the state resulting from, for example, mental health issues, drug and alcohol dependency, self-harm and issues around maintaining a job or relationship as a result of the crime will cost the state much more in the long term, not to mention the damage to the individual. Because of this, I urge the Minister to consider providing good-quality, statutory, immediate interventions followed by a seamless transition to statutory longer-term care for every victim and survivor of crime.

The victims strategy is an excellent first step, but for it to become more than words on a page, it must place a statutory duty on PCCs to publish a local victims’ offer that sets out the minimum standards for supporting victims. It is my view, given their responsibility for commissioning victims’ services, that PCCs are the best placed to co-ordinate this offer. It should include details of the services they are commissioning and the contributions of other key partners, including local authorities, health services and the third sector. Such an approach would force co-operation and encourage transparency, requiring local partners to use their funding and expertise to plug the gaps in the existing provision. The Victims’ Commissioner could then be mandated to hold the PCCs and partner agencies to account for the quality of their victims’ offer against an agreed gold standard.

[Tom Brake]

Does the hon. Lady think that PCCs might have a role to play in ensuring that all those who need to be trained to identify victims are properly trained to do so? I am talking about not only specialist staff but everyone in the voluntary sector, the police and elsewhere. In order to ensure that those services, which are often in great demand, can be accessed by victims, we need to ensure that those people have the right training to identify the victims in the first place.

[Sarah Champion]

I agree with the right hon. Gentleman’s point. I know that a number of businesses are now training staff and colleagues to recognise the signs of domestic abuse and to support the victim by signposting the issue to the right agency.

I am now going to turn to my pet project. It involves a Government agency that is wilfully traumatising victims and operating a subjective system that often runs in the face of the law. Accompanying the announcement of the new victims strategy, it is most welcome that the Minister has announced a broad review of the criminal injuries compensation scheme and of the agency that administers it, the Criminal Injuries Compensation Authority—CICA. The scheme exists to provide compensation to victims of crime. Money can of course never heal the wounds, physical or mental, suffered by the victims of crime, but victims should at least be able to expect to receive the compensation to which they are entitled without those mental wounds being reopened by the administration body set up to support them. In short, CICA needs a radical overhaul to make it a victim-centred agency.

Victims’ needs, their rights and their wellbeing should be at the core of everything CICA does, but the reality is very different. My constituents’ experiences of CICA have been that it exists not to support them, to honestly assess their claims or to award redress for their suffering, but rather to pursue every possible option to deny their claims. This can include questioning their injury, questioning the rulings of courts, or more appallingly, accusing them of complicity in their abuse. At every turn, CICA ignores the needs of victims in order to maintain its balance sheet. The Minister’s review of the scheme cannot come soon enough for victims. Having supported a number of constituents through the process of making a claim, and through my extensive work with victims charities and organisations, it is abundantly clear to me that what is needed is a complete change in the culture of CICA and in how it treats the victims of crime. To be blunt, CICA’s attitude to victims stinks.

I first became aware of the failings of CICA as I was supporting victims and survivors of the appalling child sexual exploitation that took place in Rotherham. As the victims came forward and the investigations and prosecutions progressed, a number of my constituents pursued compensation through the criminal injuries compensation scheme. Those young women had been through the most horrendous abuse. Their childhoods were stolen from them by criminal gangs who groomed them, trafficked them and repeatedly raped them. For many, the psychological damage they suffered as children continues to haunt them years later, yet many of their claims for compensation were denied by CICA. Problematically, the rules of the scheme state that victims and survivors who have convictions, even for completely unrelated issues, must have their compensation awards reduced or withheld. This rule is particularly pertinent in cases of child sexual exploitation.

[Bob Stewart]

I thank the hon. Lady for allowing me to intervene on her. She is a friend. In her experience, how long after the crime does it take for someone to get compensation, on average?

[Sarah Champion]

I would love to be able to give an answer to my hon. Friend, but the problem with CICA is that it does not publish—or, indeed, seem to work to—an agreed timetable. So the answer is that it is as long as a piece of string for some victims, and interminably long for others.

I want to return to what happens between CICA and children who have suffered sexual exploitation and abuse. As a result of their abuse, they are very likely to carry out some form of crime. Manipulating children to commit offences is a widely documented part of grooming and coercive control. I find it outrageous that what effectively amounts to a symptom of abuse—carrying out a crime—should be held against victims in order to deny them compensation. More outrageous still is the denial of such claims by CICA on the ground that a victim somehow consented to their abuse.

The scheme compensates only those survivors who did not “in fact” consent to a crime. CICA has chosen to interpret this to mean that even the very youngest of children who have been the victims of sexual abuse can be denied compensation if there is any evidence that they complied with their abuser. Minister, maybe they complied because they were terrified of what would happen if they did not, or because they were so controlled and mentally manipulated that not to comply would never have been a consideration. The law is abundantly clear when it comes to consent: where a person is under the age of 16, sexual activity is automatically criminal unless the victim is older than 13 and the defendant reasonably believes that he or she is over 16. That CICA should effectively ignore this and, through a process that is wholly opaque, find that a child provided consent is shocking. In response to concerns raised by me and others, new guidelines on consent have been issued to CICA, but flaws in the scheme itself remain, as does CICA’s attitude towards victims.

I want to pay tribute to a Rotherham survivor of CSE, Sammy Woodhouse, who has used her experience of CICA to campaign on this issue. I will read a section of the letter she received from CICA about her compensation claim:

“I am not satisfied that your consent was falsely given as a result of being groomed by the offender. The evidence does not indicate that you were manipulated or progressively lured into a false relationship.”

Based on that, Sammy’s application was rejected. Imagine the impact that receiving that letter had on her. In her opinion, the state was saying that she was complicit in her own abuse. I am glad to say that Sammy had the strength to appeal and had the decision overturned, but many other victims do not have that strength. For the record, Sammy’s abuser is currently serving 35 years. The judge believed Sammy; CICA did not. A freedom of information request showed that 700 child victims of sexual abuse were similarly refused payments in the past five years. Will the Minister please review those cases to check whether similar injustices have happened?

CICA’s apparent determination to deny claims at all costs is exemplified by the experience of another of my constituents—not a survivor of abuse, but a former police officer injured in the line of duty. My constituent suffers from post-traumatic stress disorder as a result. They first made a claim in 2013, and it was finally settled earlier this year following numerous court rulings in the applicant’s favour and only after two interventions from me.

Throughout the claim, CICA presented various arguments as to why it should not be accepted, culminating in a court ruling that settled all outstanding disputes in my constituent’s favour and directed CICA to conclude the case. Yet CICA’s response was to question whether my constituent even suffered from PTSD, something for which extensive medical evidence was provided and had even previously been ruled upon by a court. Having been asked to again prove that they suffered from the condition, my constituent understandably determined that CICA would simply present argument after argument, each of which they would be forced to counter, only to start the whole process again. My constituent concluded, not unreasonably, that CICA sought to draw out the process in the hope that they would simply give up. That kind of seemingly endless process, with no clear timescales nor explanation of what is happening with a claim, is as unprofessional as it is unfair. Yet that seems to be standard practice for CICA.

Of course, it is important that CICA assesses the eligibility of claims under the scheme and that claims are subjected to appropriate checks, but if CICA fails to support victims of crime, fails to include them in the process, fails to explain that process to them and fails to make decisions in a reasonable timeframe, it is not helping victims; it is harming them. The scheme itself often fails to make any accommodation for circumstance, something which CICA proceeds to exacerbate by failing, or being unable, to take account of context in its decision making. By way of example, paragraph 23 of the scheme states:

“An award will be withheld unless the applicant has cooperated as far as reasonably practicable in bringing the assailant to justice.”

The paragraph’s intent is clear, but the real world is rarely so straightforward.

I am aware of several cases in which individuals providing care to vulnerable adults with challenging behaviour have been assaulted in the course of their work. Many such victims understandably choose not to pursue criminal charges against their assailant—although some do. As a consequence, the victims are ineligible for compensation under the scheme and CICA denies their claims. Yet these crimes are no less severe and the harm they suffer is no less acute. The scheme must, so far as is practical, allow for such context to be taken into account. I am delighted that the Minister has already committed to abolish the so-called same-roof rule. That much-needed change overturns a profound injustice that has lingered for far too long. However, I ask the Minister not to take his foot off the pedal. Survivors are already coming to me with concerns about the timescale.

Fundamentally, if the Government are serious about reform, they cannot allow the criminal injuries compensation scheme and CICA to continue as they are. Revised guidelines on consent are a welcome step, but CICA can only interpret the scheme, which is fundamentally flawed when it comes to child abuse. In particular, the scheme fails to acknowledge grooming as a crime of violence. That arguably excludes victims of CSE if their abuse does not include sexual contact. Consequently, serious crimes, such as exploiting children to perform sexual acts online, are not compensated, even for extremely young children. On unspent convictions, a recent High Court ruling found that three women forced into prostitution as teenagers will no longer have to disclose related convictions to potential employers. It is high time that the criminal injuries compensation scheme took a similar sensible approach to the award of compensation to victims of crime who have unrelated criminal convictions

The review must carefully assess how CICA currently operates in order to deliver a victim-focused agency. Small changes, such as the provision of concrete timeframes to claimants and clear explanations of the claims process, would go a long way to improving the journey for victims of crime. It is also important to promote the scheme, because most of the claimants with whom I have dealt discovered the scheme by accident, rather than through a formal process of victim support. Most important, however, is a change of attitude. It must be made clear to CICA that its job is to administer the scheme fairly and transparently. It should be made clear that it is not CICA’s role to deploy every possible delaying tactic and every conceivable legal argument to seek to deny victims of crime the compensation to which they should be entitled. The victims strategy and the review of the criminal injuries compensation scheme present a timely opportunity to deliver fundamental cultural change to how we treat victims of crime. I hope that the Government will reflect on the concerns raised in this debate and ensure that this opportunity is not squandered.

--- Later in debate ---

[The Solicitor General (Robert Buckland)]

Before I address all the wide-ranging and important points made in this debate, which is the start of the process that the strategy seeks to inform, may I pay personal tribute to the late Denzil Davies, whose death was reported this morning? He was the first Member of Parliament I ever met. He was my MP, and although I opposed him politically, he was a huge source of advice and encouragement to me. I probably would not be here without people like him, and I want to put on record my condolences to his family and his many friends. He was a Member of this House for 35 years and served on both Front Benches with distinction.

If the victims of crime are not heard, the interests of justice are not served. If they are not served, what meaning can the rule of law continue to have? If the rule of law is undermined, what hope do we have to continue to claim to be a civilised country? It is as fundamental as that and always has been to me. I spent 20 years or so in the criminal courts, meeting the victims of crime every day of my professional life. I have met thousands of people of all ages, from all backgrounds. I have admired their courage and I have tried to empathise with them when things have gone wrong. I have watched human experience unfold before my eyes, and I have done my best to support people who end up, through no choice of their own, in the criminal justice system.

I long ago came to the conclusion that no amount of individual good will or professionalism on the part of dedicated individuals in the system could replace a more systematic approach to the care of victims and witnesses. My former colleague on the Justice Committee, the hon. Member for Bolton South East (Yasmin Qureshi), is right to bring the two subjects together. They are indistinguishable in my mind, because there are many people who, while they have not been a direct victim, will have witnessed some appalling events and have to live with the consequences, as well as go through the ordeal of having to give evidence.

What does it mean for a victim to seek and obtain justice? Obviously, the outcome of a criminal case is important. Rightly, we have independent judges and juries who make those decisions every day of the working week. Putting that to one side, however, I think that what it means for victims is not having to reinvent the wheel every time they come into contact with the various agencies that are responsible for the criminal justice service: not having to repeat their stories, their needs and the specific support to which they are entitled. As Members have rightly pointed out today, it also means that the authorities do not talk in jargon, but, in the words of a member of the victim liaison unit at the Crown Prosecution Service office in Yorkshire and Humberside, “speak in human being”.

I could not have put it better than that member of the team in Leeds whose job is to write letters, day in day out, to victims of crime. I pay tribute to the team’s work: they provide a particularly good example of how to do that. We in the House, who deal with thousands of letters every week, perhaps find letter-writing run of the mill, but to a victim of crime, receiving a letter from someone in authority in the CPS or the police is a significant moment. We really must do better, and get it right. I am glad to note that the CPS is redoubling its efforts, working across England and Wales to improve that vital process.

At the beginning of the debate, the Under-Secretary of State for Justice, my hon. Friend the Member for Charnwood (Edward Argar), spoke about the seamless support that victims and witnesses deserve. That, in two words, encompasses the approach set out in the Government’s strategy. In an intervention, my hon. Friend the Member for Bexhill and Battle (Huw Merriman) talked about the sentencing process. Again, I think that the need for the authorities to make their position clear and understandable at the right time has never been more important.

As part of my role as Solicitor General, I often conduct “unduly lenient” sentence reviews, appearing as an advocate for the Government in the Court of Appeal, so I continue to meet the victims of what are often very serious crimes, and I can tell from their faces that the process continues to be overwhelming for them. It is sometimes very difficult to explain a situation that may seem straightforward to me, but for them is still difficult to process. If we are to get this right, we need to understand that time and space are often needed for it to be done properly. That ties in with the importance of the written letter and the explanation that is given to victims in the aftermath of a conviction, a sentence or, indeed, an acquittal. I pay tribute to the groups in the third sector that do so much advocacy for victims and their families in such circumstances.

I will never forget meeting the mother of a murdered child, whose then partner—not the child’s father—had perpetrated the most appalling injuries on that defenceless boy. I will never forget the—I will not say “gratitude”, but the relief that I could see she felt that a higher degree of justice had been done when the sentence was successfully varied by the Court of Appeal. It will never leave me, and I am sure that many other Members on both sides of the House will have had the same experience. I think that such experiences are particularly powerful when one is in the court environment, at the coalface, seeing them for oneself. That is why I think it so important for the Law Officers to continue to conduct cases in person so that they can really get a sense of what is going on and can understand and hold on to that vital of experience with the victims of crime.

The hon. Member for Ashfield (Gloria De Piero) understandably pressed us to proceed more speedily with the introduction of a victims law. She rightly said that we need to get the statutory duties right; we need to get them embedded, and we need to provide that systematic approach. We have committed in our strategy to consult upon the introduction of such a law, but it is not just about rights, important though they are; it is also about getting the statutory duties that have to underpin this absolutely right. Far too often, our experience here in this House—I think the hon. Member for Rotherham (Sarah Champion) might agree with me on this—is that we have gone ahead and passed legislation with the best of intentions, and then found that there has been a more than embarrassing, indeed a worrying, gap between the commencement of that legislation and its proper implementation. If we were to go down that road, we would fail victims badly, because we would raise expectations and then let them down. That is why we need to get this legislation absolutely right, but in the meantime we are not just sitting on our hands: we have published a strategy that commits to action here and now. Taking on board the constructive points the hon. Lady made, I think this is the best approach for victims and the interests of justice.

The hon. Lady asked a number of questions, and I will do my best to deal with as many of them as possible. The existing code has a statutory underpinning anyway, and the parliamentary ombudsman has a role in looking at and reporting on any maladministration, and we will of course, importantly, be looking at how to monitor future performance. The information that we can glean from the work of PCCs across the country about compliance with that code will help us to understand better where things are going wrong, and we expect that information to increase as the strategy is rolled out. That will help inform the important process leading up to the introduction of legislation.

The hon. Lady made a point about the cross-examination of victims of sexual offences—what we might call the section 41 point, in reference to the measure in the Youth Justice and Criminal Evidence Act 1999 that introduced the restriction in question—and she mentioned the work of the former Solicitor General, now PCC for Northumbria, Dame Vera Baird, and the points made by other Members about this. We looked closely at the use of section 41 about a year ago, because we were very concerned about Dame Vera’s observations. We keep the matter under review, but we looked at about 300 cases and we found that, happily, evidence of the misuse or non-use of section 41 was sparing. In 92% of cases analysed by the CPS, we found no evidence of the improper use of sexual history in a way that would totally defeat the purposes of the legislation.

It is important, however, that we stamp out bad practice and that we train advocates and judges as fully as possible to put up the red light immediately when inappropriate cross-examination is embarked upon, and I am glad to say that all criminal advocates and barristers are now getting training in dealing with sexual offences, in terms not just of cross-examination but of understanding fully the important procedures that have existed now for the better part of 20 years. Without being too anecdotal, I have had professional experience of prosecuting and defending in sexual cases both before and after section 41, and I remember the sea change that took place as a result of its introduction and how alert I certainly was, and other professionals were, to making sure that if applications were to be made that was done in writing before the trial, so that, importantly, complainants and victims were not taken by surprise, which is probably one of the worst things we can imagine: there someone is in court giving evidence about their statement when suddenly they find that wholly extraneous matters irrelevant to the issues in the case are being brought up. It must not happen.

[Sarah Champion]

I wonder whether the Minister will be kind enough to look into the evidence I have on child victims of sexual assault, because I think he might be quite shocked by the data I discovered.

[The Solicitor General]

I am grateful to the hon. Lady, and I would be very interested in that. Section 41 is widely framed; it involves not only adult complainants, and it embraces all types of sexual offence, not just rape, important though that is. I would be very interested to hear more about that evidence. She and I have worked together on many Bill Committees as Back Benchers, and I look forward to hearing more information from her.

Spousal rights were raised, as were the terrible circumstances in which someone might have murdered or tried unlawfully to kill their spouse. I understand that the hon. Member for Ashfield raised this point in Justice questions this week, and that the Under-Secretary of State for Justice, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer), has undertaken to meet her to discuss it. I reiterate my hon. and learned Friend’s words, because the hon. Lady has raised this matter quite properly in the context of this debate. She also raised the issue of sentence changes to the maximum term for perpetrators of the offence of causing death by dangerous driving. We have committed to doing that as soon as parliamentary time allows. I can tell her that I am anxiously looking at a number of unduly lenient cases involving that type of offence and that I get frustrated by the 14-year maximum. I know that it causes judges real sentencing issues when it comes to reflecting the full gravity of the offence, particularly when more than one death has occurred as a result of appalling driving. That point is well made, and we hear it loud and clear.

The debate moved on in a helpful and important way when we heard the input from constituency Members. They referred to their own experiences in their constituencies, and echoed some of the analysis that we can see in the strategy. My hon. Friend the Member for Dudley South (Mike Wood) made those points very well in his speech. He reminded us of how far we have come in terms of changing the law to respond to the needs of modern crime—in particular, stalking and harassment. The hon. Member for Rotherham and I have worked on those issues in the past. I had the honour as a Minister of bringing into law the offence of coercive control, having campaigned for it as a Back Bencher. In the past year, we saw about 4,000 such cases, which equates to 4,000 victims of criminality who would not have had a voice two or three years ago. I constantly ask my local senior police officers about their experience of rolling out and using that new offence, and I am glad to say that there is an increasing understanding of its complexities.

Clare’s law was also mentioned. It is among the many key changes that the Government have introduced to safeguard and protect those who have either been the victims of crime or are at risk. I was particularly proud of our decision to place domestic homicide reviews on a statutory footing, bringing into force legislation that had been passed under the previous Government.

I have omitted to mention pre-trial counselling, to which the hon. Member for Rotherham and others have referred. There is a legitimate question about ensuring that the evidence of victims and witnesses is preserved and protected in a way that minimises the risk of its being undermined in cross-examination, but plenty of professionals out there have the training and understanding to know that. Where we have suitably qualified psychiatrists or other mental health professionals, there should in my view be no bar to the sort of general counselling help that would be of real value to people who are experiencing some form of trauma as a result of what has happened to them. With those safeguards, I am sure that more can be done to support victims, who often have to wait too long between the offence and the trial or the sentencing process.

The hon. Member for Paisley and Renfrewshire North (Gavin Newlands) drew our attention at length to the Scottish experience, as he is wont to do, and I make no criticism of him for that. He knows from previous answers that I have given to him and his colleagues that I am always alive to and interested in the Scottish experience. Indeed, history teaches us that many of the innovations brought in via the Scottish criminal justice system have been adapted here in England and Wales, and I see no reason for that to stop. That is why his contribution was particularly valuable today.

My hon. Friend the Member for Sutton and Cheam (Paul Scully) spoke with some force about his local experiences and the work being done by people such as the Donovans, who are an inspiration to many. His speech saw the welcome introduction of the theme of restorative justice, another issue in which I have taken a long and deep interest. Restorative justice must be victim led, and there are various scenarios where it works most powerfully.

Having spoken to victims who have availed themselves of face-to-face meetings with perpetrators, often in a prison setting, I know that the sense not just of closure, but of regaining control that victims can get is a powerful factor. I was glad that the coalition Government placed restorative justice on a firmer statutory footing in previous legislation, because we see it at all levels, particularly in youth offending, where it can be extremely powerful to bring a young offender face to face with their victim. As long as restorative justice is led by the victim—it is not a substitute for more appropriate action where necessary—then it is a valuable tool.

The hon. Member for Rotherham made an important speech that dealt in particular with the Criminal Injuries Compensation Authority. She knows that the Government have committed to a review of the scheme; we have already committed to an important change to the “under the same roof” rule, which will be brought into force as soon as is practicable. She made other points about the position that people, particularly young people, will often be put into when it comes to consent.

The hon. Lady and I worked on the Serious Crime Act 2015 when it was in Committee, where we removed any suggestion that children were somehow impliedly consenting to sexual conduct when they were under the age of 16. If she remembers, we removed phrases such as “child prostitute” from the law. We tried in a constructive way to reset the clock when it comes to the protection of children, and let me be absolutely clear that victims who have been groomed should never be treated as if they consented. Let that message go out loud and clear to whoever needs to hear it. I am glad to say that the CICA has revised its staff guidance. That was done with engagement with the third sector, so I am interested to know of any instances where that concept of implied consent is somehow being reintroduced into the process when Parliament made it clear that it has no place in criminal law.

The hon. Lady also made other important points about unspent criminal convictions. Again, that issue must never be the subject of generalisation, and CICA claims officers should take into account the reasons for criminal behaviour when considering unspent convictions that do not result in a custodial sentence or community order. In other words, look at the person, not just the lines on a page. While it would be wrong of me to seek to intervene in individual cases—the CICA is independent—this is a useful opportunity for us to make such important points.

I get the point about time limits, and I have seen for myself the delay that understandably means that many victims of sexual offences will not come forward at the first opportunity. We are now light years away from the time when witnesses were asked such questions in court. People understand how difficult it is to come forward. We know that many victims often blame themselves for what happened, quite unfairly, and that this is about people doing things in their own time. Again, there is discretion when it comes to applications, but I have heard the point loud and clear today, and I am sure that that will help to inform the review.

My hon. Friend the Member for Walsall North (Eddie Hughes) rightly talked about the impact of domestic violence on children, who often witness it or even hear it in the home. We must not forget the effect of the sheer force of noise on young people. I am glad to note that courts up and down the country will treat that as a significant aggravating factor when it comes to sentencing perpetrators of domestic abuse. The scars might not be physical, but they remain for a long time, if not forever, in many cases.

The hon. Member for Lewisham, Deptford (Vicky Foxcroft) made some important points about cases of which she has had experience and, again, made the point that the need to improve practice now was imperative. Understandably, the debate has expanded somewhat from just the criminal justice process, but it is right to say that any victims legislation will apply to the victims of crime. That criminality can extend to major disasters, whether it is Grenfell or Hillsborough, and I am not going to prejudge the outcome of any proceedings, as they might well arguably be crimes themselves, although we will have to wait to see the outcome of any procedures. I take her point about the need for urgency, which is why the strategy does more than fill the gap. It brings together years of work and, importantly, looks to the future in a way that we can get to grips with now.

The hon. Member for Slough (Mr Dhesi) rightly reminded us of an aspect of the debate that we have not touched on today, which is to do with what I call hate crime. He quite properly reminded us of the appalling incident outside Parliament. He knows that I and others have supported the respect the turban campaign, and I have supported it in this place and in my local gurdwara in Swindon as well. He is right that we need to take these things seriously lest they take hold in a way that will reflect poorly on our society. Again, he mentioned stalking, harassment and sexual offences in that context. He was absolutely right to do that. He also mentioned the victim’s right of review and I can assure him that it already exists so when the CPS has a decision with which a particular complainant is not happy, they can ask for that to be reviewed. That is happening now, and in a number of important cases it is already there. Can I reassure him that although he then got on his soapbox a bit—and I am sure that he will forgive me for saying that—a lot of the recommendations made by the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) and others are things that we have already done or that we are doing via the strategy? As DPP, the right hon. and learned Gentleman took through massive changes to the CPS that I believe resulted in a more efficient service that still delivers a very high degree of justice for thousands of people year in, year out.

The hon. Member for Oldham East and Saddleworth (Debbie Abrahams) brought her knowledge and experience to the debate. In particular, she talked about the victim personal statement, and in a moving way. I know that she did not intend to be moved in that way, but it moved us. More importantly, it informed us. The victim personal statement is a vital opportunity not just for the victim to have their voice but for the court to be able fully to understand the impact on them. That is why I am particularly enthused by the proposals to use bodyworn videos to capture not just what is said but the way in which it is said and the sense that the victim statement should be a living document.

At the moment, there are sometimes one, two or three versions of the VPS designed to update the court. Asking the victim to make a statement again and again is not necessarily the best way to support them, so the concept of a living VPS would really help. Again, I am pleased with the work done by the CPS to co-ordinate and synthesise the increased use of VPSs across the service—it has to increase. In particular, the Under-Secretary of State for Justice, my hon. Friend the Member for Charnwood, has dealt with his commitment and our commitment to review the Parole Board process, and the hon. Lady’s comments have considerably informed that debate. We are recruiting intermediaries, and Members have seen our commitment to that. We need to make sure that when we use intermediaries, they are genuinely for the purpose of assisting the victim to give their evidence. I have used them myself in cases and achieved results that I would not have dreamt of without them, so I understand and get it. A major recruitment process is ongoing.

The hon. Member for Strangford (Jim Shannon) brought the experience of Northern Ireland as a welcome intervention into this debate. He talked about the wooden spoon, which, in rugby parlance, Ireland have won more than Wales. I do not think I had better dwell any further on his experience of corporal punishment. [Interruption.] The hon. Member for Paisley and Renfrewshire North mentioned Scotland, who are the doyenne of the wooden spoon, although they are getting better. I am talking about rugby union, Mr Deputy Speaker, which I know is a discipline you do not care for that much.

Victims Strategy

Sarah Champion Excerpts

Monday 10th September 2018 Commons Chamber

[Edward Argar]

I begin by paying tribute to my hon. Friend’s police and crime commissioner. She was incredibly brave to speak out, and by doing so, she has helped to make it a little bit easier for others to feel confident to speak out. I pay huge tribute to her for that.

As I highlighted earlier, we see an increased role for police and crime commissioners in this process, particularly in monitoring and ensuring compliance with the victims code in their local areas and improving transparency around that. Police and crime commissioners are probably the part of the criminal justice system who know their areas and localities best. I pay tribute to them for their work and believe that they have a huge amount more to contribute in this area.

[Sarah Champion (Rotherham) (Lab)]

I really welcome today’s announcement of a system-wide approach to supporting victims. I particularly welcome the review into the Criminal Injuries Compensation Authority, which seems to be focused on re-traumatising victims rather than supporting them. A recent study from University College London showed that 80% of 13 to 17-year-old girls who were sexually assaulted went on to exhibit mental health issues within five months. Rape Crisis has a waiting list of 6,000, and Rotherham Abuse Counselling Service has a waiting list of 260. To address this, will the Minister consider committing, as part of the victims strategy, to placing early support for victims of crime on a statutory footing?

[Edward Argar]

I am grateful to the hon. Lady for her contribution. As I said earlier, I pay particular tribute to her for the work she has done both in her constituency and in this House as a strong champion of the need to ensure that the support we offer, particularly through the criminal injuries compensation scheme, adapts to reflect the changing nature of the crimes the victims of which it is seeking to support. I know she will welcome the commitment to review the whole operation of the criminal injuries compensation scheme—eligibility, timescales for claims and of course the issues about the same-roof rule. She asked a specific question, and I am very happy to meet her to discuss it in more detail, whether in the context of this piece of work—this strategy—or, more broadly, about the consultation next year. I am happy, as ever, to meet her to talk about it.

Voyeurism (Offences) (No. 2) Bill

Sarah Champion Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 5th September 2018 Commons Chamber

[Stella Creasy]

I understand the point that my colleague is making, but women in this country have suffered from this chicken-and-egg syndrome for too long. The idea is that because the offence exists, somehow it will be taken seriously, but the bitter reality of women’s experience shows that that is not the case. New clause 1 is designed to amend the guidance that is given to the police in recognition of that fact. The existence of specific offences has driven change, as amendment 7 is designed to do. I do not disagree with my colleague, but unless we get the proposed measure in the legislation, the way in which the police deal with the problem will not change quickly enough to give the women of today the freedom to walk on the streets, as he does, without being frightened.

[Sarah Champion (Rotherham) (Lab)]

My hon. Friend will know that one reason why hate crime legislation is so powerful is that the emphasis is on the victim and how they perceive the crime. If misogyny was a hate crime, the police response to the examples that my hon. Friend has given would automatically not be permissible. Power is shifted to the victim.

[Stella Creasy]

As ever, my hon. Friend is on the money about the importance of a victim-centred approach. We know from Nottingham—[Interruption.] I do apologise; I meant Nottinghamshire—sorry, Frodo. We know from those examples that recognition of the multiple kinds of intersectional hostility that women may face has been a powerfully positive experience, particularly for women from black and ethnic minority backgrounds.

Internationally, this is not a new idea. Spain, Croatia, Sweden, Estonia, Italy, Belgium and France all recognise gender and misogyny as a basis for hate crime. We are talking about replicating our current model for racial and religious hatred, and saying that we should be able to recognise similar hostility in the sentencing of particular crimes. We should be able to recognise the hate as it is.

There is already a framework that Ministers can use. The Crown Prosecution Service and the police already define cases involving hostility as

“any…offence that is perceived by the victim or any other person to be motivated by hostility or prejudice.”

The CPS does not have a legal definition of hostility; it uses the everyday understanding of the word. We all understand and recognise misogyny when we talk about ill will, spite, contempt, prejudice, unfriendliness, antagonism, resentment and dislike. We seek to echo existing protections and to put the protections that we offer someone for their religious or ethnic background in a position of parity with those that we offer them for their sex background.

I accept that amendment 7 is not a perfect amendment because it covers only upskirting, but upskirting is a classic example of an offence that happens within the context of misogyny. It is motivated by misogyny.

--- Later in debate ---

[Mrs Miller]

My hon. Friend will hear my thoughts on that in a few moments when I talk about my experience of estimates of the levels of revenge pornography, which were equally low. In practice, there has been much more of it. I therefore wonder how accurate the projections are.

My concern is that drawing the Bill in this way will artificially depress the number of people who come forward. The courts might think that Parliament, in its specific omission of certain groups of people who perpetrate this crime—we know they are doing it already—is artificially narrowing the number of convictions that are brought forward. I do not think that is how Parliament wants the Bill to work. Amendment 3 would make sure that it worked far more broadly and called to account all the people who are committing this crime, not just a very small section of them.

The Minister was at pains in Committee to underline that the two purposes are based “word for word”, as she said, on the Scottish Act. As we have heard, only a handful of cases have been brought under that legislation—just three a year over the past eight years. That is an extraordinarily low level in the context of the statistics that the hon. Member for Walthamstow went through. Research tells us that about one in 10 young people in this country experiences upskirting. That would mean a far higher rate than just three in Scotland or just under 30 in the UK. We need to hear from the Minister what information she has received from Scotland on why there is such a low level of conviction, and what will be done to change that.

I was interested to read the evidence of Alison Saunders of the Crown Prosecution Service. While it said that the motivations in the Bill covered the overwhelming majority of cases, it admitted that:

“It is not inconceivable that suspects will advance the defence that…they had another purpose, such as ‘high jinks’.”

That is a direct quote from her. How confident is the Minister that the CPS has a true grasp of the nature of this offence, given the data we have that implies that there are far more than just a handful of cases every year? As I said, I recall being told that there were just a handful of cases of revenge pornography—fewer than 10 every year—by the same Crown Prosecution Service. With the right legislation, which was put in place by the coalition Government, we now see more than 500 convictions a year for revenge pornography.

Adopting the Scottish model might artificially limit the number of cases that are brought forward. What will the Government do to address that? Will the Minister undertake to have a review of the way the law is working in practice, so that we are not simply having a nice debate today that has very little impact on the lived reality of people who experience this appalling invasion of their privacy and this virtual sexual assault?

Rather than requiring the police to tease out the motivation of an offender and to prove that a victim was humiliated, alarmed or distressed, amendment 3 would make upskirting of any kind a crime. It would have absolutely no impact on the ability of a court to identify the most dangerous offenders and place them on the sex offenders register. Nor would it increase the number of people who are drawn into that.

Amendment 5 directly tackles the other shortcoming in the Scottish Act by making it an offence to distribute upskirting images. Given the Government’s stated objective of copying the Scottish Act word for word, it is unclear why they have chosen to omit the pivotal amendment made to the Scottish Act in 2016 outlawing the distribution, particularly online, of upskirting images. Our existing laws on this issue are patchy at best. I am aware of the Law Commission’s long overdue inquiry into laws in the online world, but to present the Bill with an essential element missing appears to me to be at best an oversight. Will the Minister explain why she felt she should omit this element of the Bill, when it was deemed an essential change required in Scotland?

We need a broader review of the law on image distribution—I have felt that strongly since I was first approached by a constituent about revenge pornography—and I am delighted that the Law Commission is now doing work in that area, but it will take a number of years to complete. In the meantime, outlawing distribution in this Bill specifically would be a stopgap solution, with the Scottish experience as a clear legal rationale. Will the Minister speak to her Scottish counterpart to understand why the amendment was made in Scotland and perhaps even revisit this in the Lords? I am sure their lordships will also be keen to take an interest in this aspect of the Bill.

There was much talk in Committee about not wanting to unintentionally criminalise people, particularly young people, and that is absolutely right—there can be few people who see that as helpful—but rather than dwelling on the perpetrators, we also need to think about the victims and the huge damage being done, particularly to young women, who are on the receiving end of this type of sexualised assault. What message is Parliament sending to young men who are taking pictures up the skirts of their school mates for a laugh if this place excludes that from the law? What are we saying to those young women about the value we put on their right to be protected in law if we see this sort of non-consensual virtual sexual assault as a price worth paying?

I commend the hon. Member for Walthamstow for raising the issue of misogynistic hate crime. It is under active consideration by the Women and Equalities Select Committee in its current inquiry, and I would not want to prejudge that inquiry, but I will say that the scale of sex-based and gender-based crime needs to be recorded, recognised and acted upon, and it needs to be tackled much more broadly, not just in terms of upskirting. I also fully endorse her sentiments about the Law Commission, although it could be said that including that element in the Bill could be problematic in other discussions.

The hon. Member for Bath (Wera Hobhouse) is a tenacious campaigner, and it is to her credit that we are here today discussing the Bill, which deserves the full support of the House. As today’s debate proves, swift change does not have to come at the expense of proper scrutiny.

[Sarah Champion (Rotherham) (Lab)]

I want briefly to share my experiences last week in Korea, in Seoul, where upskirting has not been addressed either by society or by the law. The situation there for women and girls is truly horrific. Girls are scared to go into any sort of public toilet, whether in their school or a shopping mall, and women, when they go into public toilets, take a device with them and scan the toilet to see whether they are going to be violated in this way. I do not want us to go down that route. I want us to look at what is motivating society. Why do men seem to feel entitled literally to expose women in this way, sharing the images and seeing them as objects they can control and do whatever they want with?

We have spoken a little bit about the potential of there being only a low number of prosecutions for this crime. I see that as a good thing. What making this illegal would do is send out the clearest message to people that this is a crime and an offence and that they will have action taken against them if they carry it out.

I am incredibly pleased that relationship education is now coming into primary school for all children. A key component of that is explaining to children what is and is not acceptable and that these gender assumptions are put upon them from the very youngest age and that it is their right to challenge them and to have society challenge them on their behalf, so that they can live a full life, making the choices that they believe in and that they are able to make.

I want to reflect briefly on our society and on how we have come to this point now where we have femicide—two murders a week of women—where violence against women is commonplace and where we have this complete objectification of women without any recourse. I go right back to the very beginning when little girls are effectively told what their expectations can and should be. They are given dolls and tea sets. They are told to be complicit and they are told to be quiet. Boys are told that they will be great crusaders. They have guns and they can become world leaders. We encourage children’s expectations at the age of two or three. That then becomes amplified through social media and, specifically, through online porn.

Porn is overwhelmingly made by men for men and overwhelmingly sees the woman as an object that a man can use and abuse however they choose with no repercussion. Until we get the relationship education that shows children that this is a fantasy—in many cases, a perverse fantasy—that is what children will believe that they have to be subjected to. I am talking about boys and girls. When Members go into secondary schools, I am sure that they have young boys and girls coming up to them and asking them, “Do I have to have anal sex? Do I have to strangle my girlfriend when I have sex? Do I have to have sex with other people there?” They are genuinely anxious about this, and we are letting our children down. This legislation on upskirting is about saying, “No, this is unacceptable. It is unacceptable for you to perpetrate and it is unacceptable for it to happen to you.” It sends out a really clear message. I am incredibly grateful that the Government have introduced this Bill.

I also wish to focus on the amendments that include the distribution and the profiting from upskirting. Much of this is being done for money. In Korea, that is what is happening. People are humiliating women not just for their personal gratification, but to make money, so it would be a grave omission if that were not included.

I turn now to the substantive point that I have been trying to make: this crime is a symptom of the misogyny that we are experiencing in this country and that we are seeing escalating in this country, and it needs to be tackled in this country. I urge the Minister to carry out the review that has been proposed by my hon. Friend the Member for “Walthamshire”—[Laughter]—and to incorporate the amendments in the Bill.

[Sir Christopher Chope]

May I say how much I welcome this debate? I am grateful to the Government for taking forward this measure as a Government Bill rather than relying on the private Members’ procedure. I am also very grateful to my right hon. Friend the Member for Basingstoke (Mrs Miller), the Chair of the Women and Equalities Committee, for her generous comments about the importance of being able properly to scrutinise in a sober fashion the very serious issues that are contained in this Bill and indeed the wider debate, which has been developed by the hon. Member for Walthamstow (Stella Creasy). In answer to her point on that, I say bring on the Law Commission. As a member of the Home Affairs Committee, I think that it is very important that we should try to keep abreast of new developments. Hate crime is one of those vile activities that we need to legislate against, but we need to do it in a really good way. The best way to do that is, as she suggests, by getting the Law Commission on board because it has the expertise to help us in this House.

--- Later in debate ---

[Sir Christopher Chope]

My purpose in saying “Object” was that I wanted the Bill to be scrutinised, and full marks to the Government—I do not always give them full marks—for recognising that this was a Bill that could be properly scrutinised only if it became a Government Bill. So did I achieve my objective? Yes, I did. I am pleased that the Government have done this. I am sure that the hon. Lady, having seen the strength of some of the amendments and new clauses, will reflect on the fact that if the Bill had been left as a private Member’s Bill for her to steer through, she would have been under pressure from the Government throughout. They would have told her not to accept any amendments, and that if she did, the Government would prevent the Bill from making progress. The Bill would have been vulnerable as a private Member’s Bill—that is particularly true when a Bill reaches the other place.

Mr Speaker, I know that I am going to be told that I am straying from the amendments that I am seeking to address, and I apologise if I am doing that. I am hoping to establish support for amendment 1, tabled by my right hon. Friend the Member for Basingstoke, to ensure that the Bill delivers what it says on the tin. The Minister said that she was going to outlaw upskirting, and judging by the correspondence that I have had, most people assumed that that was what was going to be delivered. But then when one looks at the detail of the Bill’s financial implications, one works out that the Government are banking on it costing only £230,000 a year to a prosecute all these offences. When one divides that by £8,000, which is the cost of each case, one comes up with a figure of 29 prosecutions a year. If the hon. Member for Bath (Wera Hobhouse) had gone out into the street in her constituency and said, “I’m bringing forward this really important piece of legislation that will result in 29 prosecutions a year,” I am unsure whether people would have thought that it was as significant as it was being portrayed.

[Sarah Champion]

Does the hon. Gentleman accept that we are trying to prevent the crime from being carried out by making it clear in this Bill that upskirting is a crime? It should therefore be seen as a good thing if the Bill brings down the number of cases of upskirting.

Oral Answers to Questions

Sarah Champion Excerpts

Tuesday 5th June 2018 Commons Chamber

[Mr Gauke]

I can provide my hon. Friend with that assurance. The digital technology currently available in prisons provides strictly controlled access to learning and training facilities. It is also used to provide opportunities for prisoners to access services within the prison environment to enable them to manage their time and activities while inside. There is no access to the internet, and strict security control prohibits access to the wider digital world.

[Sarah Champion (Rotherham) (Lab)]

13. What progress is being made on introducing a victims law.

[Jo Platt (Leigh) (Lab/Co-op)]

18. What progress is being made on introducing a victims law.

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

Supporting victims is a key priority for the Government, which is why we are bringing forward a victims strategy this summer. In compiling the strategy, we have consulted victims groups and academics, and across Government. In doing so, we have concluded that we will need legislative and non-legislative measures to ensure that the strategy works for victims.

[Sarah Champion]

I hear what the Minister says, but Rotherham Council is today debating the support available to adults who survive child abuse in my constituency. I have now spoken to two Home Secretaries, two Prime Ministers and countless Ministers, and the Ministry of Justice was in Rotherham last week. Still we are not getting the cash we need to enable 1,520 victims—at the current count—to turn into survivors. Will the Minister please give us the cash we need?