Oral Answers to Questions

Debate between Chris Philp and Peter Kyle

Tuesday 2nd February 2021 Commons Chamber

[Chris Philp]

I am afraid that I do not recognise the hon. Gentleman’s characterisation of the justice system prior to coronavirus. Waiting times in the magistrates court prior to coronavirus were about eight weeks, which is an entirely respectable figure. The outstanding case load in the Crown court prior to coronavirus—39,000—was quite low by historical standards and significantly lower than the 47,000 it was when Labour left office in 2010. Moreover, the HMCTS budget in 2020 was higher by some £200 million that it was in 2010. There is, of course, a great deal more that we need to do. A lot of money is being invested this year, and more money will be invested in the future. My right hon. and learned Friend the Lord Chancellor is working at pace on the royal commission on criminal justice, and we are expecting announcements in due course.

[Peter Kyle (Hove) (Lab)]

It was revealed in a coroner’s court last week that in August 2019, an 18-year-old woman who was a victim of sexual assault was told that she would not get her day in court for 19 months. The day after, she lost her life to an overdose. The coroner said that the two events were linked. This was six months before covid landed on our shores. It is not covid that broke our system of justice—it is this Government who did it. Will the Minister offer an apology to that young woman’s family and to every single victim of assault and every single victim of crime in this country who is waiting month after month after month for justice?

[Chris Philp]

I have already pointed out that our justice system prior to coronavirus was in good shape, with magistrates court waiting times, as I said in response to the last question, at about eight weeks and a Crown court outstanding case load that was low by historical standards, but we do recognise the distress that witnesses and victims in particular suffer. That is why, only yesterday, the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk), and the Lord Chancellor announced an additional £40 million to support victims—that is extra money on top of additional money already—because we recognise the importance of victims in this system. A rape review is under way to make sure that these cases are brought to court as quickly as they can be, because we do recognise that they are taking too long. However, that is not just a courts issue; it is to do with disclosure rules, putting a case together and properly investigating these cases. Of course, the extra 20,000 police officers will help. Victims are at the forefront of our mind, and we will do everything we can to look after and protect them.

Prisoners (Disclosure of Information About Victims) Bill

Debate between Chris Philp and Peter Kyle

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Tuesday 6th October 2020 Commons Chamber

[Chris Philp]

I thank the Chairman of the Justice Committee for the work that he and his Committee have done in this area, which has been very thorough and useful. I think we do accept the point that he has made, as have the hon. Member for Plymouth, Sutton and Devonport and others, that the victim contact scheme can be improved.

I have had discussions with the Minister of State, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer), who has responsibility for prisons and probation. She has asked me to pass on to the House her undertaking to meet and speak to the Victims’ Commissioner about improving the victim contact scheme. We will also be happy, either in the same meeting or a separate one, to Labour Front Benchers, including the hon. Member for Hove (Peter Kyle) and, if he wishes, the right hon. Member for Tottenham (Mr Lammy), as well as the hon. Members for Plymouth, Sutton and Devonport and for St Helens North and their constituents if they wish to join the meeting, to discuss any concerns they may have and any ideas they may have for further improvements to the victim contact scheme. I am happy to put that commitment by the Minister of State on the record this afternoon.

This Bill has progressed thus far with cross-party support. It has been worked on very constructively by those on the Government Front Bench and the Opposition Front Bench, as well as by those on the Back Benches. Indeed, it would not have got here without their work, as I said earlier. I hope we can continue in that spirit of cross-party unity on this topic.

Given that the victim contact scheme exists already and the opt-out changes will be made shortly, and given our commitment to work with the Victims’ Commissioner and others to further improve the victim contact scheme, I hope the House will join me in respectfully rebuffing—perhaps that is the word, or perhaps gently pushing back—the amendments that their lordships have sent in our direction.

[Peter Kyle (Hove) (Lab)]

May I start by thanking the Minister for his comments and the tone in which he has conducted this debate? It is much appreciated by those of us on the Opposition Benches, I can assure him.

I start by paying tribute to the tireless campaigning of victims’ families, and in particular the campaigning of Marie McCourt and the families of those abused by Vanessa George. They have begged successive Governments to time the release of serious offenders in a way that is more responsive to victim circumstance. Supported by my hon. Friends the Members for St Helens North (Conor McGinn) and for Plymouth, Sutton and Devonport (Luke Pollard), they have changed the law for the better.

Observers of this House from the outside may think it is quite normal for people to bring forward legislation from the Back Benches and get it all the way through both Houses, but it is very unusual. In fact, I think I am right in saying that both the Minister and I have attempted in the past to introduce legislation from the Back Benches. In his case, it was to tackle industrial relations in utility companies and in mine it was to extend the franchise to 16 and 17-year-olds, and both of us met with undignified failure. They have succeeded where we unfortunately failed.

Those families will make a significant difference to the lives of victims’ families for generations to come. They did so knowing that it would not materially impact their own situation. They did it to save others from the torment they have endured, and we are grateful to them.

As the House is aware, the first part of the Bill implements Helen’s law. Motivated by the case of Ian Simms, it forces the Parole Board to consider the non-disclosure of key information during the release decisions of people convicted of murder or manslaughter. The unwillingness of murderers to disclose such details is a source of merciless and unrelenting anguish. That is equally true of the young victims of Vanessa George, who was convicted of sexual assault and making and distributing indecent photographs of children. She was released from prison last year, despite never naming the children she abused. The second part of the Bill guarantees the same protections for victims in such cases.

It is unforgivable that our system has not better reflected the needs of those bereaved by such horrific crimes over previous decades. For far too long, victims and their families have been treated as an afterthought in the criminal justice system. They were described as such by the victims’ commissioner for London, Claire Waxman, in a recent interview. The Bill delivers two new key statutory rights to victims and their families. I hope the Government will continue with this direction of travel apace, because, despite repeated pledges, they have still failed to bring forward the long-promised victims law, which would offer a comprehensive set of rights and protections to the victims who so desperately need them. Such a law is desperately needed now more than ever, given the increasing rate of offences for which no one is ever brought to justice because of the victim and witnesses dropping out due to various different issues. We have pledges aplenty from the Government; we need more action.

There is far more left to do to address the systemic challenges facing victims in the criminal justice system. We on the Opposition Benches will continue to press the Government on this issue and work constructively with them when the opportunity arises, as we have done today. We will campaign unfailingly until comprehensive rights are guaranteed by law for those victims who need them the most. This Bill marks one very positive step forward, and the Opposition proudly support it on its convoluted pathway from the Back Benches to the Front Bench and through both Houses of Parliament. We now look forward to the difference it will make for victims and their families.

Lords amendment 1 was proposed in the other place by Baroness Kennedy of Cradley and seeks to address the asymmetry in offender and victim rights, wherein offenders receive regular communication from the authorities—a luxury that most victims will only ever dream of. This cannot continue, and Baroness Kennedy’s amendment represents an effort to tackle the injustice. However, we are happy to have agreed with the Minister, over the course of recent weeks, commitments regarding the future of the victim contact scheme. As a result, we will not seek to divide the House on the amendment.

I want to thank the Minister and put on the record the open-spirited way in which he has engaged with me and Members from all parties as we have approached today’s debate. First, we accept his argument that the creation of a victim database would replicate the work of the victim contact scheme. Victim liaison officers perform a vital role in keeping victims and their families up to date on the release process. That extends to those affected by the shocking crimes under discussion in respect of the Bill. There is scope to improve the scheme further, and the Government have pledged to review it as part of a broader reform of probation. It is vital that the tragic cases to which the Bill applies are given substantial consideration in any such review.

Secondly, we welcome the Government’s intention to introduce an opt-out system as part of the victim contact scheme. That will help to ensure that families of victims are empowered throughout the criminal justice process, extending support to more of those in need while protecting the right to withdraw from the contact process should that be desired.

Finally, we welcome the commitment to involving the Victims’ Commissioner in any review of the victim contact scheme. In her letter dated 7 August, the commissioner laid out her thoughts on how to make the scheme more responsive to victims’ needs, including by changing it from a transactional service into a package of end-to-end support and considering the benefits of co-location with victims’ services. The Government must work closely with the commissioner to consider the viability of her proposed changes.

I thank the Minister for inviting us on the Opposition Benches to contribute to any future review; it is generous of him and welcomed by us. We look forward to working with him on this issue and finding solutions to the challenges of how we ensure that families can easily update contact details over time. It is important that our political system, and those who work within it, come together when broad agreement can be found. Not only is this how politics can better reflect most people’s experiences in their daily lives, but it is a way that we in this House can demonstrate our respect for the suffering of victims and their families by coming together and putting their needs ahead of any others.