Crown Prosecution Service: Racial Bias

Debate between Lord Ponsonby of Shulbrede and Lord Roborough

Thursday 25th April 2024 Lords Chamber

[Lord Roborough (Con)]

My Lords, the Government are committed to tackling all sorts of racism and discrimination in society. The Government have a robust legislative framework to protect all individuals against unlawful discrimination. Our Inclusive Britain strategy, published in March 2022, set out a ground-breaking action plan to tackle negative disparities, promote unity and build a fairer Britain for all. The strategy includes 74 bold actions to improve outcomes for ethnic minority groups across education, health, employment and criminal justice.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, the Lammy Review was very clear. It said, first, that young men from ethnic minorities—particularly black young men—are more likely to be charged more aggressively, as the noble Lord has just accepted; they are more likely to plead not guilty, which means that they do not get the discount for pleading guilty because they do not trust the system; and they are more likely to be sentenced more harshly when the sentencing actually happens. Will the Government undertake to implement all the recommendations of the Lammy Review?

[Lord Roborough (Con)]

I am grateful to the noble Lord, Lord Ponsonby, for his question. As I said yesterday at the Dispatch Box, I am not going to make undertakings, but we take these conclusions very seriously and will act on them to achieve the best possible outcomes.

Crime Statistics: Gender Identity

Debate between Lord Ponsonby of Shulbrede and Lord Roborough

Wednesday 24th April 2024 Lords Chamber

[Lord Roborough (Con)]

My Lords, I see no reason why this needs to contradict the Equality Act, which is clear: it provides protection against discrimination, harassment and victimisation across a number of grounds known as the protected characteristics. We are committed to upholding Britain’s long-standing record of protecting the rights of individuals against unlawful discrimination. We keep any uncommenced provisions in the Act under review, and we are confident that the review that we have commissioned—reporting by August—will be consistent with the law.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, the noble Baroness, Lady Fox, has raised this question on a number of occasions, and the Minister’s answer has been similar, where he has pointed to reviews by the UK Statistics Authority and other experts. Does the Minister agree with me that the issue of data collection goes wider than sex and gender identity? I am thinking particularly of how one’s parentage is recorded, when there are mothers, fathers, sperm donors, egg donors and birth mothers. This is a live issue, where one’s parentage is recorded. Will the UK statistics review take into account these additional complicating factors when considering how data is recorded and presented?

[Lord Roborough (Con)]

My Lords, while I am grateful for the noble Lord’s question, it requires more detail and goes beyond the brief that I have today, so I will write to him.

Victims and Prisoners Bill

Debate between Lord Ponsonby of Shulbrede and Lord Roborough

Committee stage
Monday 26th February 2024 Lords Chamber

[Lord Roborough (Con)]

My Lords, I thank the noble Lord, Lord Ponsonby, for this amendment and the noble Baroness, Lady Brinton, for speaking in support. The amendment would require the Secretary of State to conduct a review into whether to establish an independent national oversight mechanism to collate, analyse and address recommendations from investigations, inquests, public inquiries and official reviews following deaths after a major incident.

In 2014, the House of Lords Select Committee published a post legislative scrutiny report on the Inquiries Act 2005. In their response, the Government agreed with the principle that bodies should set out their plans for implementing recommendations directed at them. When an inquiry’s recommendations are directed at the Government, it is the responsibility of the lead department to determine how best to progress and implement the recommendations. An official review would follow the same principles.

Parliament has a crucial role in scrutinising the activities of government departments. Select Committees, in particular, hold individual departments to account, including in their response to recommendations made by statutory and non-statutory inquiries and reviews. The Government remain of the view that Parliament already has the ability to hold government departments to account on their response to and implementation of recommendations and that Parliament is best placed to carry out this function.

Noble Lords will also be aware of the Statutory Inquiries Committee that was set up by the Lords Select Committee very recently. It has been appointed to consider the efficacy of the law and practice relating to statutory inquiries under the Inquiries Act 2005. It may be well placed to consider the merits of an independent national oversight mechanism for statutory inquiries.

Turning to inquests, a coroner has a statutory duty to make a report to prevent future deaths if action should be taken to prevent or reduce the risk of future deaths. Recipients of PFD reports must respond to the coroner within 56 days of receipt, setting out what actions will be taken, or explaining any not taken. The Government in their response to the Justice Committee’s 2021 report committed to consider the merits of a recommendation to establish a national mechanism to ensure that actions highlighted in PFD reports which could contribute to public safety and prevent future deaths are implemented. The Justice Committee is currently undertaking a follow-up inquiry into the coroners service and will revisit this issue; the Government are due to give evidence shortly.

In response to some of the points made by the noble Lord, Lord Ponsonby, and backed up by the noble Baroness, Lady Brinton, recipients of PFD reports, as I say, must respond to the coroner within 56 days. However, it is not the coroner’s role to review whether—and if so what—actions should be taken in response to a report. This would be inconsistent with their status as independent judicial officers.

The Government in their response to the Justice Committee’s 2021 report committed to consider the recommendation to establish a mechanism to ensure that actions in PFD reports which could contribute to public safety and prevent future deaths are implemented. The Justice Committee’s follow-up inquiry into the coroners service will revisit issues around PFD reports on preventing death and improving public safety.

While I understand the intent to ensure that the merits of setting a national oversight mechanism are considered, it is likely this would duplicate ongoing parliamentary inquiries into these matters. I therefore ask the noble Lord to withdraw this amendment.

[Lord Ponsonby of Shulbrede (Lab)]

I thank all noble Lords who have spoken in this very brief debate. I want to pick up a point made by the noble Baroness, Lady Brinton, about the golden thread of establishing a mechanism to ensure that any findings which come out of either public inquiries or coroners’ reports are tracked through and implemented.

I quoted a civil servant as saying that the established mechanisms have not worked, and the example I gave was of the cladding on Grenfell Tower. The Minister spoke about considering whether to establish a mechanism for reviewing PFD reports and coroners’ reports. When will that review be complete and does the noble Lord believe that that review will adequately establish some sort of overall mechanism for dealing with coroners’ recommendations?

To circle back a bit to the public inquiries point, the Minister said that Parliament is best placed to carry out the functions of public inquiries and look at recommendations. I have to say that I really cannot think of Parliament looking at cladding issues. There needs to be a more systematic way of dealing with these matters to ensure that there is that golden thread that the noble Baroness, Lady Brinton, talked about, so we have some comfort that these processes are being properly reviewed and implemented. I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Roborough (Con)]

The noble Lord makes a good point. Hardly a piece of legislation goes through this House where there is not a data protection aspect. That creates confusion and it is up to the Government to bring clarity, particularly in this area. I thank him for that interjection.

I encourage the noble Lord, Lord Ponsonby, to withdraw the amendment.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, this has been a useful debate because it has been focused on the effectiveness of MAPPA, soon to be MAPPS.

As the Minister said, MAPPS deals only with convicted offenders. However, in the previous group he spoke at length about domestic abuse protection orders and stalking protection orders. Those are not criminal convictions so the people involved would not get on to the system in the first place.

From my own experience as a magistrate, from the experience of the noble Baroness, Lady Newlove, as someone who is currently involved with the criminal justice system, and from the experience of my noble friend Lord Coaker, who is on the Nottingham Community Safety Partnership, we are all looking at the same problem from different perspectives, but it is about one thing: data sharing and being able to monitor that data.

The Minister is addressing the Committee as a Minister of the Crown. He has authority and can follow this through. The same message has come from everyone who has spoken in this short debate: it is about data sharing. I look forward to the Minister using his authority to make sure that that message is rammed home to those people who sit on those committees. I beg leave to withdraw the amendment.

Victims and Prisoners Bill

Debate between Lord Ponsonby of Shulbrede and Lord Roborough

Committee stage
Tuesday 13th February 2024 Lords Chamber

[Lord Roborough (Con)]

The noble Baroness obviously makes a good point, and this is a complex and sensitive area. We are to some extent relying on the competence that we clearly expect to see from independent public advocates to make the right decisions in what will be varied situations. We think it would be more appropriate and flexible to address this in guidance.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I thank the noble Baroness, Lady Brinton. As she persuasively said, there are many other areas where public bodies take children’s views into account. She went through them—health, education, social services and the rest—and I gave my own particular example. The gist of the noble Lord’s argument was that it is not for the IPAs to undertake this role, that there are other ways of making these assessments and that how that happens in practice would be addressed in guidance. I will consider that answer and see whether we want to take this further, because we are trying to make victims—in this case child victims—as explicitly supported in the Bill as possible. I will consider whether a further amendment is appropriate.

My central point is that, in my experience, agencies over the last 40 years, let us say—the time of my adulthood—have consistently underestimated the capacity of children to engage in difficult issues. This needs to be handled sensitively, it needs to be managed and it needs to be clear that it is the adults who are making the decisions, but listening to children in a direct way is a good thing to do, both for the children and for the adults making the decisions, and that is what these amendments seek to achieve. Having said that, I beg leave to withdraw the amendment.

Victims and Prisoners Bill

Debate between Lord Ponsonby of Shulbrede and Lord Roborough

Committee stage
Wednesday 7th February 2024 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I thank the noble and learned Lord, Lord Garnier, and the noble Baroness, Lady Brinton, for educating me on these two matters. I was not familiar with the issue in our civil courts. The noble Lord, Lord Sandhurst, made a succinct moral point; I thank him and the noble and learned Lord for educating me. If UK plc wants to maintain its position as a leading centre for resolving international disputes between countries and companies, there is a strong moral case for at least reviewing the way in which compensation may be awarded. As the noble and learned Lord said, his amendment is probing and we support it in the sense in which it was moved.

In relation to the amendment tabled by the noble Baroness, Lady Brinton, supported by the noble Baroness Newlove, again I was not aware of the scheme in the Netherlands. However, as a magistrate, I am required to consider compensation for every case I hear, and compensation will take priority over other impositions of the court, such as fines, victim surcharge or costs, or anything like that. When I do so, I am of course extremely aware that I am often dealing with offenders who are on benefits, and even if they are not on benefits, they are often not particularly well paid. It is a fact, which I am not surprised about, that the compensation comes over a long period and often not at all. I take the point that the noble Baroness made about this being a constant reminder to the victim of the offence, and I am aware that sometimes victims are asked to write off the outstanding money which is just not arriving.

The way in which the Netherlands is proceeding is interesting; I do not know whether there has been an estimate about how much money that would cost. It is an interesting idea and I do not know how fully the Minister, when he comes to respond, will be able to talk about the money side of things. The point made by the noble Baroness, Lady Brinton, about reminding victims of the original offence—and we are here talking about the victims Bill and trying to ameliorate their concerns—was well made and deserves a full answer.

[Lord Roborough (Con)]

My Lords, I thank my noble and learned friend Lord Garnier for raising this issue in Amendment 112. Fraud and other economic crimes have a profound impact on their victims, which is why this Government have been very clear about their commitment to tackle such crimes and to support victims.

The measures in the Bill are designed to improve the experiences of all victims of crime, including economic crimes. One way it seeks to do so is by improving the oversight of service providers’ delivery of all victims’ code entitlements. For victims of fraud in particular, under the victims’ code, all victims who have suffered harm, including economic harm, as a direct result of a crime are entitled to information about compensation and, where eligible, to be told how to claim it. The Government take the compensation of victims of economic crime very seriously, as it is crucial for limiting the harms of these soulless crimes. We are taking active steps to improve reimbursement and compensation routes for victims to ensure that, whenever possible, funds are taken from criminals and returned to victims.

Victims’ interests continue to be a priority issue for the UK. New powers introduced by Part 4 of the Economic Crime and Corporate Transparency Act allow applications for stolen crypto assets or funds to be released to victims at any stage of civil forfeiture proceedings. Work is ongoing to implement these reforms in order to ameliorate the negative impacts of criminal conduct, including economic crime.

In cases where there are overseas victims, as the noble and learned Lord mentioned, the Serious Fraud Office, the Crown Prosecution Service and National Crime Agency compensation principles have committed law enforcement bodies to ensuring that compensation for overseas victims of economic crime is considered in every relevant case, and that the available legal mechanisms are used whenever appropriate to secure it. His Majesty’s Government are also fully committed to identifying potential victims and utilising suitable means to return money and/or compensate victims in line with international provisions, per the Government’s transparent framework for asset returns.

As a signatory to the UN’s Convention against Corruption, the UK places great importance on the recovery and return of the proceeds of corruption to those affected by bribery, embezzlement of public funds, money laundering, trading in influence and other abuses of official functions. The UK is obligated to return funds where the conditions for mandatory return are met. However, it also exercises its discretion to return funds in appropriate cases when it is not otherwise mandated to do so.

On the point raised about UK courts being able to award compensation, this requires a co-ordinated, multilateral approach on how to find resolutions for victims. The fraud strategy sets out ambitions to drive global action on tackling fraud. We are developing stronger partnerships with our allies to raise the profile of this transnational threat, improve our understanding of how it manifests globally, share best practice and lead a co-ordinated, multinational response. This engagement will build towards a global fraud summit in early 2024, where key partners will come together to spearhead a co-ordinated diplomatic and law enforcement approach to tackling global fraud.

Measures in the Criminal Justice Bill, which is progressing through the other place, also considers victims’ interests. Further changes are being made to the confiscation regime, under the Proceeds of Crime Act, to enable swifter resolution of proceedings and improve enforcement planning, allowing victims to be compensated earlier and more fully. I am aware that this does not fully address many of the excellent ideas raised by the noble and learned Lord, which were supported by my noble friend, Lord Sandhurst, and I would suggest a meeting to investigate them further, if that was acceptable.

As I have set out, extensive work is already being undertaken to strengthen the rights of victims through legislative vehicles which are still undergoing implementation. I therefore do not believe it is appropriate for a legislatively required review to be introduced at this time.

On Amendment 116, tabled by the noble Baroness, Lady Brinton, the Government are clear that it is extremely important that victims are aware of their rights, particularly when interacting with criminal proceedings. The current victims’ code sets out in plain language entitlements for victims of crime, including being provided with information about compensation. I hope it is helpful if I provide some information about criminal compensation orders. Criminal courts in England and Wales are, by law, required to consider compensation in all cases involving personal injury, loss or damage resulting from the offence. Where the court chooses not to impose such an order, it must provide reasons. In determining whether to make a compensation order, and the amount to be paid under such an order, the court must consider the financial circumstances of the offender—as alluded to by the noble Lord, Lord Ponsonby—to strike a balance between seeking reparation and not imposing debts that are unrealistic or unenforceable. In line with the sentencing guidelines issued by the independent Sentencing Council, if the victim does not want compensation, this should be made known to the court and respected. However, it is right that the decision whether to award compensation and the amount of any award is a matter for the court. In response to the noble Lord, Lord Marks, and his point about the victim’s right to have a court hear their view on compensation, I think that is an interesting idea to investigate, and it would be good to have a meeting.

In addition to compensation orders, the statutory Criminal Injuries Compensation Scheme 2012 exists to compensate victims who suffer a serious physical or mental injury as the direct result of a violent crime, including physical and sexual assault and domestic violence. Payments under the government-funded scheme can never fully compensate for the injuries suffered but are a recognition of public sympathy.

On expenses and property, victims already have an entitlement under the current victims’ code right 10 to be paid expenses. Victims can claim expenses from the Crown Prosecution Service if they have to attend court to give evidence, including, for example, for travel, childcare and loss of earnings. Right 10 in the current code also sets out that the police should return any property taken as evidence as soon as it is no longer required. The Government do not currently have plans for victims to be paid compensation from central funds. That is because compensation orders are paid directly from the offender, requiring them to make reparation to the victim for any loss, personal injury or damage caused by the offence. The decision whether to make a compensation order in a particular case is a matter for the court, and it has a range of powers for the recovery and enforcement of financial impositions. With the permission of the noble Baroness, I would like to write to give further detail on what actions the Government are taking to improve the enforcement of such compensation orders.