Victims and Prisoners Bill (Fourteenth sitting)

Debate between Sarah Champion and Ellie Reeves

Committee stage
Tuesday 11th July 2023 Public Bill Committees

[Sarah Champion]

I am content at this point with the movement that the Minister has offered. I therefore beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 14

Independent legal advice for victims of rape

“The Secretary of State must develop proposals for a scheme to give victims of rape access to free, independent legal advice.”—(Ellie Reeves.)

Brought up, and read the First time.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

New clause 14 seeks to introduce independent legal advocates for rape victims. Although it is always awful to be a victim of any crime, seeking justice after a rape is particularly traumatic, not just because of the desperately low chance of the offender being charged—it is currently just 1.6%—or because rape cases take the longest of all crimes to get to court, but because rape and other sexual offences are the only criminal offences in which the victim’s credibility can become the focal point of the police investigation and the trial.

In no other crime would the complainant’s lifestyle, online presence or sexual history be considered relevant to a jury. Coupled with the fact that victims have no right to their own legal support, that can mean that they find themselves trying to navigate a complex and opaque system on their own. That is why one of the things that survivors tell me time and again is that they feel the criminal justice system is working against them, compounding the trauma they have already suffered.

Given the pressures, it is no wonder that nearly 70% of survivors who report a rape drop out of the justice system. I recognise that the Minister has outlined the fact that he is looking at independent legal advice for rape victims, specifically in relation to disclosure. Although I welcome that, the remit needs to be much wider. Too often, the interests of rape victims are not properly protected in the criminal justice process. When that happens, rape survivors need somewhere to turn to get expert legal help, and that is where legal advocates come in.

The alleged offender has a defence lawyer acting and advocating in their interests, but the rape victim has no such support, and that causes many survivors to drop their cases. An independent scheme of legal advocates would help to tackle that. This proposal would not give victim survivors party status in legal proceedings, and would not conflict with fair trial rights and the duty of the Crown to act in the public interest.

It is important to note that independent legal advice schemes for victims already exist in many other jurisdictions, including many European countries, Australia, Japan, California and Ireland. The UK is an outlier in that respect. As it stands, the only specialist independent legal advice for rape survivors in the UK comes from the groups Centre for Women’s Justice and Rights of Women. They do brilliant work, but can assist only a very limited number of survivors. They cannot deliver the full service that survivors often require, so there is a significant level of unmet need.

A pilot scheme of legal advocates was trialled in Northumbria between 2018 and 2020. The survivors who took part gave positive feedback, as did most of the police and prosecutors directly involved with the lawyers in the scheme. One survivor, Susan, said that

“100% in all of this the saving grace has been”

the lawyer,

“without a doubt, without a doubt my saving grace”.

Police and prosecutors were also clear that the accused’s right to a fair trial was not affected. Overall, the pilot found that the legal advocates substantially improved best practice in the police and CPS, and led to an improved victim experience.

Academic research by Dr Olivia Smith of Loughborough University shows that expanding the roll-out of the pilot to every police force in England and Wales would cost just over £4 million a year. The Home Office estimates that the emotional and wellbeing consequences alone of sexual offences, and the inadequate responses to those crimes, cost £9.8 billion. Given that, and the bulk of research showing that legal advocacy improves criminal justice satisfaction, health and employment outcomes, the cost of an independent legal advocate scheme is far from prohibitive, and would likely make huge savings elsewhere across the economy.

I turn to the remit of legal advocates. It is important to outline that, given the complexity and range of the legal issues that survivors encounter, legal advocates need to be trained lawyers, as opposed to independent sexual violence advocates. They need to be able to properly advise survivors on the issues they encounter, as well as conduct legal casework, such as reading police and CPS documents and preparing written representations. They have to be in an organisation entirely separate from any criminal justice bodies, to uphold their independence and, if necessary, liaise directly with the police and the CPS on the survivors’ behalf. However, we are not proposing that legal advocates assist victims at trial or represent them before the court. We are also not proposing that they play a role in the day-to-day communications between police and survivors. Rather, they would support the victim on specific issues that arise where legal expertise is required, from the moment they report their case to the police right through to trial. Importantly, they would be available free of charge.

--- Later in debate ---

[Ellie Reeves]

I would very much welcome that, and I am grateful for the offer. I will not press the new clause to a vote in the light of what the Minister has said. He acknowledges on the rape review that came out yesterday that there is more to do. I gently suggest that this is one of the key things that could be done so that we start to see some real progress. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 20

Data-sharing for immigration purposes: exemption for victims

“(1) The Secretary of State must make arrangements to ensure that personal data of a victim, as defined by section 1 of this Act, that is processed for the purpose of that person requesting or receiving support or assistance under the Victims Code is not used for the maintenance of immigration control.

(2) Paragraph 4 of Schedule 2 to the Data Protection Act 2018 shall not apply to the personal data to which subsection (1) applies.

(3) For the purposes of this section, the Secretary of State must issue guidance to—

(a) persons providing relevant victim support services, as defined by section 12 of this Act;

(b) persons exercising any function of the Secretary of State in relation to immigration, asylum or nationality; and

(c) persons exercising any function conferred by or by virtue of the Immigration Acts on an immigration officer.

(4) In this section “immigration control” means United Kingdom immigration control and includes any United Kingdom immigration control operated in a prescribed control zone outside the United Kingdom.”—(Sarah Champion.)

Brought up, and read the First time.

[Sarah Champion]

I beg to move, That the clause be read a Second time.

I wonder if it will help to start by saying that the Deputy Speaker has said that the debate in the Chamber will go all the way to 5 pm—I will preface my quite long speech with that, but I will keep it moving.

--- Later in debate ---

[Sarah Champion]

The situation that we are in pains me, and it pains me that the Minister is unable to move forward on this. It is not enough to inform those vulnerable victims; I need to see the police being informed of what they ought, and ought not, to be doing. I will withdraw the new clause, but I assure the Minister that it will come back. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 21

Prisoners: suspension of parental responsibility

“(1) After section 2 (parental responsibility for children) of the Children Act 1989, insert—

‘2A Prisoners: suspension of parental responsibility

(1) This section applies where—

(a) a person (“A”) is convicted of the murder or voluntary manslaughter of another person (“B”); and

(b) A and B had parental responsibility for the same child (“C”) at the time at which the offence was committed.

(2) Subject to the exceptions in subsection (3), A ceases to have parental responsibility for C while A is serving a custodial sentence in a prison or other place of detention in respect of the murder or voluntary manslaughter of B.

(3) The exceptions are where a conviction for manslaughter was made—

(a) as a result of the partial defences provided for in section 54 (partial defence to murder: loss of control) of the Coroners and Justice Act 2009, or

(b) on the grounds of diminished responsibility

in circumstances in which, on the balance of probability, A was a victim of coercive and controlling behaviour by B at the time of the killing or at a time reasonably proximate to it.’

(2) The Secretary of State may by regulations make provision that is consequential on this section.

(3) The power to make regulations under subsection (2) may (among other things) be exercised by modifying any provision made by or under an enactment.

(4) Regulations under this section—

(a) may make transitional and saving provision;

(b) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”—(Ellie Reeves.)

Brought up, and read the First time.

[Ellie Reeves]

I beg to move, That the clause be read a Second time.

Under the law, if a father is found guilty of killing his children’s mother, he retains parental responsibility over the children. That means that after ending their mother’s life and destroying the children’s lives, such killers still have power over their children—power to be involved in decisions affecting their lives and power to continue controlling and abusive behaviour over the family of their victim. The new clause would end that dreadful situation.

The new clause would reverse the situation in which the onus is on the victim’s family to prove, often through protracted legal proceedings, why the perpetrator’s parental responsibility should be revoked. Instead, the killer’s parental responsibility would be automatically removed for the period they were in prison, and the onus placed on them to go through the legal hoops to prove that they deserve that responsibility. That would apply to all those found guilty of the murder or voluntary manslaughter of the other parent.

The loss of a parent to violence creates deep trauma. We have no official figures for how many children lose their mothers in that way, but we know that two women are killed by their partner or former partner each week. One trauma specialist I spoke with, who has worked with hundreds of children whose mothers were killed by their fathers, estimates that about 50 mothers are killed by the father per year. In those cases, the children are dealing not just with grief, but with the loss of their parent—the mother is almost always the victim in such cases—and with the feelings of anger, shame and confusion that accompany having a father who has committed such an abhorrent act.

Retaining parental responsibility, however, allows those men to continue to exercise control over the children and surviving family from their prison cells. That results in an indefensible situation—his permission must be sought for things such as schooling or medical treatment, or before the children can be taken abroad. That forces the children’s carers, who are often the only stability the children have left, to engage with the killer and his wishes. That can be hugely distressing and, in turn, can potentially destabilise the children’s recovery.

Some abusive fathers even try to block maternal family members from gaining custody of the children they love, leaving the children to grow up in the care system instead. That has left some families unable to see their loved nieces, nephews or grandchildren—for months on end, as legal battles go through the courts—at the exact time when they are needed most to support the children.

The fact that a convicted killer’s parental responsibility cannot be suspended without protracted legal battles is a huge injustice. What greater dereliction of duty towards a child can there be than to rob them of their mother and burden them with a lifetime of trauma? Many are raised knowing that the perpetrator retains intimate knowledge of and access to their lives, which undermines their recovery. For some, that results in fear—they might themselves be in danger—and for others, in decisions made not in their best interest but rather to deprive them of opportunities out of sheer spite.

Children Heard and Seen, a charity that supports children impacted by parental imprisonment, reports that the retention of the father’s rights is a significant traumatising factor in those children’s lives. Children need stability, and their guardians having to fight in the family courts runs counter to that. As I have outlined, our new clause would end that.

I now turn to the case that helped shape the new clause: that of Jade Ward. Jade was 27. She had recently left her former partner when she was murdered by him in her home. Her four young sons were all in the house at the time. Jade’s killer was given a life sentence last year, with the judge calling the attack “merciless”. However, Jade’s family were horrified to find that their daughter’s killer retained rights over the children.

Jade’s parents said that her killer started to cause ripples not long after being sentenced, asking to see the boys’ school reports and attendance notes. They were then informed by social workers that, if they wanted to take the children on holiday, he would have to be consulted, and that he still had the power to take decisions on medical treatment. Jade’s mother said:

“He had lost control of Jade so he did what he did, and now he has still got control because he is controlling the boys and controlling us and it is horrific…He is in prison, but his presence is still looming. Any rights should have been taken away from him the moment he took away their mother…You cannot put into words the added worry and the stress because of him. It means we still can’t move on.”

Victims and Prisoners Bill (Thirteenth sitting)

Debate between Sarah Champion and Ellie Reeves

Committee stage
Tuesday 11th July 2023 Public Bill Committees

[Ellie Reeves]

I rise to support clauses 48, 49 and 50. At present, 66 prisoners are serving whole-life sentences in England and Wales. Those sentences reflect some of the most despicable crimes imaginable—ones so serious that the prisoner will never be released from prison. For families trying to rebuild their lives after the devastation of a crime caused by that group of offenders, hearing news that they have been able to conduct a relationship in prison is unimaginable.

There is also often a safeguarding issue. Given the history of the prisoner, it is right that their motivation in pursuing a marriage is examined, as we know that such people often have great capacity for coercion and exploitation. I note the recent case of serial killer Levi Bellfield, who is serving a whole-life sentence for the murders of Marsha McDonnell, Amelie Delagrange and Millie Dowler, as well as the attempted murder of Kate Sheedy. He also had a long history of domestic violence and remains a suspect in other crimes. News that he has met someone, and has been able to marry her behind bars, has rightly been met with public outrage.

I can only imagine how the news has impacted Bellfield’s victims and their families, and it is concerning that he was introduced to his now wife by a fellow serial killer and was able to propose marriage in the prison visitors’ centre. Under current legislation there are no sufficient powers to prevent that from happening. I therefore welcome these clauses, which will put appropriate legislation in place to ensure that something like it does not happen again.

[Sarah Champion]

It is a pleasure to serve under your wise counsel, Mrs Murray. I am standing against clauses 48, 49 and 50, and against my Front-Bench team in doing so. I do not think that they should be in the Bill, and I would like to explain why.

First, fundamentally, everything I have done in this place is to support victims and survivors and their rights. At my very core, human rights and equality is what motivates me and gets me out of bed every day. It is because of that that I am challenged by these three clauses. Sometimes, we see legislation coming through that is, to quote the Minister, “common-sense legislation”, but it is brought forward for an emotional—or indeed a headline—reason. That does not make it good legislation, and I am concerned that that could be happening in this case.

I also seek to understand how the Government maintain that these measures are compliant with their obligations under the European convention on human rights. For me, the Secretary of State is coming over as God-like, to put it simply. I do not think that we have the right to take away someone’s right to get married or to have a civil partnership, and I question what the benefits of that will be.

I want to believe that there is a restorative purpose for people going to prison. I want to know that by maintaining one relationship, they are able to change and improve. The fact that someone may be seeking marriage gives me hope that there is potential within some of the most wicked and deplorable people whom I have ever had the misfortune to come across. There is hope that they might be able to maintain a meaningful relationship.

Police, Crime, Sentencing and Courts Bill

Debate between Sarah Champion and Ellie Reeves

Consideration of Lords amendments
Monday 28th February 2022 Commons Chamber

[Sarah Champion]

Does my hon. Friend agree that it is illogical that the Government will not make the simple concessions for which the Opposition are asking to clarify the situation in favour of local authorities?

[Ellie Reeves]

I agree with my hon. Friend. Local authorities have a tremendous amount of experience in caring for vulnerable children with a high level of need in a secure environment. As she said in Committee:

“It makes no sense to exclude this knowledge and learning from the provisions in the Bill.”––[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 15 June 2021; c. 567.]

Indeed, the failures of secure training centres that we have seen should encourage the Government to widen the pool of expertise as much as possible when moving to this new model of child detention. Charlie Taylor stated in his 2016 report:

“Children who are incarcerated must receive the highest quality education from outstanding professionals to repair the damage caused by a lack of engagement and patchy attendance.”