Victims and Prisoners Bill

Lord Garnier Excerpts

Committee stage
Wednesday 24th January 2024 Lords Chamber

[The Lord Bishop of Manchester]

My Lords, I will speak in support of Amendment 15 in my name. I also offer my support to the other amendments, not least that in the name of the noble Baroness, Lady Gohir, which seems to be an uncontroversial proposal that simply corrects a lacuna in the Bill.

One of my abiding mantras is that there is no such thing in our society as a hard-to-reach group. What we have—and have all too often—are services that fail to make sufficient effort to ensure they reach all those they are intended to assist. It is not good enough for a service to exist; the people it is meant to support have to know it is there and be able to access it. The noble Baroness, Lady Newlove, spoke powerfully earlier this evening. I gather that she spoke at a Women and Equalities Committee oral evidence session where she emphasised that many victims are unaware of the support services available to them. I will not go any further, because I think she may want to speak in a moment; I will not steal her thunder.

The intention of the amendment in my name is to make it clear that responsibility for ensuring that victims can access services does not lie with the potential service user. We need it in the Bill because too many victims are simply not aware of what they ought to be able to look for for help—or they cannot access that help in a format that meets their needs.

I gather that in the other place the Minister claimed that the duty on criminal justice agencies to use reasonable steps to make victims aware of the code would suffice. Yet signposting is much more than enabling someone to know that a service exists. It means putting them in a place from where they can access the service. Sometimes that cannot be done by a leaflet, however good, or a few words spoken to a traumatised victim in the immediate aftermath of a tragedy. It requires enduring engagement by service providers until the message can be heard, and that may be some considerable time later.

The Women’s Aid Survivor’s Handbook provides a clear example of what practical support should be included. Such support can be a lifeline to victims of abuse who, for example, may be planning to leave their perpetrator. The ability to access thorough information on a full range of issues, with easy-to-follow guidance, is crucial. It is also imperative that black and minoritised women, deaf and disabled women and LGBT+ victims are able to access support that meets their very specific needs and is sensitive to their experiences of additional inequalities and intersecting forms of discrimination. Victims should also be made aware of the range of helplines and online support, including the Women’s Aid live chat helpline and other appropriate domestic abuse and violence against women and girls support. Simply saying that there is a code will not bridge the gap between the victim and the service they need. I hope the Minister will feel able to offer proposals to strengthen the signposting requirements in the Bill ahead of Report.

I finish by recollecting that exactly one week ago in your Lordships’ House we debated, for a good hour and a half, what makes for good signage and who is responsible for it. Specifically, we discussed changes to the requirements placed on warning signs for level crossings between private or heritage railways and farm tracks—it was more interesting than you might imagine. Surely if we can improve signage to help a farmer get his sheep across a railway track, we can properly sign victims to the services they need.

[Lord Garnier (Con)]

My Lords, I will not follow the right reverend Prelate down the byways of Manchester, or the sheep farmers and their signposts, but I support him and indeed the noble and right reverend Lord, Lord Harries, in the thrust of the amendments that they have introduced. I am part of a catholic gathering which supports the amendments tabled by the noble and right reverend Lord. I do it because I think it is a sensible, practical thing to do, but also because I have seen it work.

Many years ago, when I was the shadow Minister for Prisons in the other place and my noble friend Lord Cameron of Chipping Norton was the leader of the Opposition, I visited a huge number of prisons. I think I visited about 75 of the 145-odd prisons, secure training units and young offender institutions in England and Wales, and in a number of prisons, certainly adult prisons in London, in Wales and in other parts of England, I saw restorative justice in action.

It is a delicate process and one needs to be very careful that it is, as the amendment tabled by the noble and right reverend Lord, Lord Harries, makes clear, carried out where appropriate and that it is available where appropriate. Not every victim is ready to enter into a conversation with the person who committed a crime against them. I have been in the room when RJ took place between prisoners and the victims of murder, the victims of serious violence and the victims of domestic burglary. It takes a very strong person to go into a room and listen to the explanation, the apology, the regret of a prisoner who has killed your husband or your son or your daughter. You need to be very strong and very brave. Equally—I suppose to some extent it is easier because there is, if you like, an advantage to the prisoner to be seen to be behaving in a humane way—I think it is fair to say that for many of the prisoners, some of whom were not very articulate, who had not been educated and who had many social, economic and other disadvantages, it was quite brave of them to come to terms with the horrific things that they had done. So I think “appropriate” is the most important word in the amendment tabled by the noble and right reverend Lord, Lord Harries.

Also, tailoring the scheme, or the particular episode of restorative justice, to the needs of that particular victim is so important. It is not just a blanket answer: putting two people in a room with a presider, if you like, to make sure that it goes well. You need to think about it extremely carefully and treat the individuals concerned extremely carefully; it cannot be forced and it cannot be rushed.

But I believe that restorative justice is a hugely important factor in the reduction of crime and recidivism. It brings together people who have been perpetrators and those who have been victims in what can only be a traumatic experience—namely, the experience of the crime but also the experience of meeting the person who committed the crime against you or a loved one.

I am delighted that the noble and right reverend Lord, Lord Harries, has tabled his amendment, as I am that the right reverend Prelate and the noble Baroness, Lady Bennett, have tabled theirs. This is a subject which has been discussed many times but has never been properly resolved. It has to some extent been seen as a luxury add-on to the criminal justice system; it is not—it is vital and fundamental in the appropriate cases. I say this as someone who has looked at the practical effects of it not only as a shadow Minister but also as a trustee of the Prison Reform Trust, which has been well-invested in this aspect of the criminal justice system.

Finally, I thank the noble Baroness for tabling her Amendment 13. I thought I knew quite a lot about the criminal justice system, but I had absolutely no idea that the oddity she highlighted this evening existed. It needs correcting.

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is perhaps particularly appropriate that I follow the noble and learned Lord, Lord Garnier, as a way of highlighting the fact that the amendments in this group addressing restorative justice, a number of which are in my name but have already been introduced by the noble and right reverend Lord, Lord Harries, are not party-political. This is a conviction, understanding and belief that goes right across the political spectrum and, as the noble and learned Lord, Lord Garnier, said, has arisen from practical experience. Speaking to other noble Lords in the Corridor who have seen my amendments, I have had many people who said, “I wasn’t really convinced and then I saw restorative justice in action, and now I am totally a convert to this idea”. The Government are getting a clear message from right across your Lordships’ Committee that, as the noble and right reverend Lord, Lord Harries, said, what was said in the other place—the idea that “Oh, we can put something in the code”—really is not going to do it; we need this in the Bill as a step forward.

I went through this at Second Reading, so I will not repeat it all, but if we look at what the Government are offering now, in their wording is a suggestion that restorative justice is nice when we can find the resources, so you might be lucky enough that there might be the resources available in your area or you might not. That is simply not good enough.

Briefly, I agree very much with all the amendments in this group and echo the comments about Amendment 13. The noble Baroness, Lady Gohir, has found something that the Government can surely pick up, because it so obviously needs to be sorted out.