Victims and Prisoners Bill (Ninth sitting)

Anna McMorrin Excerpts

Committee stage
Tuesday 4th July 2023 Public Bill Committees

[Edward Argar]

I am grateful to the right hon. Lady for her intervention; I said that I thought that I could predict her question, and I did—in my head—with a fair degree of accuracy. I gently refer her to the response that I gave to the shadow Minister, the hon. Member for Cardiff North, in our deliberations last week. This is a hugely important post, as the right hon. Lady highlighted in her intervention, and it is right that we take it seriously and get it right.

I suspect that Opposition Members may raise wry smiles at this, but we have had a number of Lord Chancellors in the past year. The Victims’ Commissioner is an important post to which a Lord Chancellor can recommend an appointment to the Prime Minister. The current Lord Chancellor has been in post for a few months now, and he wants to ensure that he reviews the situation and gets it right so that he is happy with the postholder, but he shares my view—and indeed that of the right hon. Member for Garston and Halewood—that it is important that we get this done properly and as swiftly as possible.

The proposals in clause 16 will better hold agencies to account and ensure that they are actively considering victims’ experiences and how they can be improved. The clause also adds to the list of agencies that the Victims’ Commissioner may make recommendations about, crucially adding police and crime commissioners and the criminal justice inspectorates.

As set out previously, the Bill also puts in place mechanisms to improve the processes for monitoring compliance with the victims code, both locally and nationally. The Victims’ Commissioner is expected to have an important voice in those discussions, where systemic issues have been escalated, so that action can be taken to drive improvements. Together, the measures add to the existing broad Victims’ Commissioner powers, allowing the Victims’ Commissioner to tailor their role as they see fit to achieve their functions and outcomes for victims. We expect that that will result in better treatment of victims at both local and national levels, fulfilling the most important function of the Victims’ Commissioner.

As set out in previous Committee sittings, and as I said to the right hon. Member for Garston and Halewood, a recruitment process is under way, and we take it extremely seriously. With that in mind, I commend clause 16 to the Committee.

[Anna McMorrin (Cardiff North) (Lab)]

I thank the Minister for addressing the clause. As I have already outlined, regarding my previous amendments that would have strengthened the powers and authority of the Victims’ Commissioner, we fully support the function of a robust and independent Victims’ Commissioner. We first asked for a provision to grant the commissioner a statutory duty to prepare and issue a report to lay before Parliament in early 2021, so I am glad that the Government have finally caught up and heeded our calls.

We believe that victims’ rights should be a parliamentary responsibility, and I am pleased that the report will not just go to the Secretary of State. During the evidence sessions, Dame Vera raised her concerns about the efficacy of the data that will be available to the commissioner for the purposes of their report—something that I have also raised in debates on earlier amendments. Will the Minister outline how a future Victims’ Commissioner, when appointed, will receive the appropriate data and information to allow for independent scrutiny? The Bill at present fails to do that.

The Victims’ Commissioner’s powers under clause 16 do not go far enough in ensuring that victims have a steady, reliable voice that criminal justice agencies and the Government must listen to. Granting agencies the duty to respond to the commissioner’s recommendations is a welcome first step, but how will the Government ensure that agencies respond and comply? I understand that the Domestic Abuse Commissioner is still waiting for a response to their “Safety Before Status” report five months after the deadline. Can the Minister explain why the Government do not believe it is necessary to respect the powers of the Domestic Abuse Commissioner and respond to such a pivotal report? Can he reassure all of us here that exactly the same practice will not just happen again to the Victims’ Commissioner?

[Edward Argar]

There were a number of points there, to which I will respond swiftly for the benefit of the Committee. I note the point made by the shadow Minister about having asked for such provision in 2021. In a gentle way, I must say that she was beaten to it—by Dame Vera, in fact; she and I had discussions about how that might happen in 2018-2019, just before I was reshuffled to the Department of Health and Social Care, so I am pleased to see the measure before us today.

The Bill already contains data transparency provisions and a duty on the Secretary of State and others to publish the data at both a local and national level. That will give a huge additional layer of data granularity for not just the Victims’ Commissioner, but others, including Members of this House, to scrutinise.

I turn to the duty to respond. I suggested to the right hon. Member for Garston and Halewood that I had predicted her question. I thought this could have been the other question she might have gently sent in my direction—about the “Safety Before Status” report and the response time to it. I note that the other report by the Domestic Abuse Commissioner was responded to. We always seek to respond within the timelines set out. As the hon. Member for Cardiff North will be aware, that particular report is a matter for the Home Office, but I will ensure that my colleagues in the Home Office are made aware of her remarks.

Question put and agreed to.

Clause 16 accordingly ordered to stand part of the Bill.

Clause 17

His Majesty’s Chief Inspector of Prisons

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[Edward Argar]

The right hon. Lady makes a couple of important points. First, on the different methodologies, while I expect that we will want to see consistency in the application of principles to them, I suspect that, by the nature of what they are inspecting and the independence of each of the inspectorates, there will be some tailoring and divergence in how they operate in terms of their inspections.

On the right hon. Lady’s broader point, which I think was the thrust of her intervention, and the PLS point about how inspectorates get traction with their recommendations, we have set out in debates that we would expect the recommendations to be responded to and acted upon, but ultimately it will be for those who are accountable for running the individual services, be they Ministers, the Director of Public Prosecutions, or ultimately the Attorney General in the case of the CPS, to heed those recommendations and act on them.

I think that it is right that Ministers respond to, for example, the recommendations of His Majesty’s Prison and Probation Service, which answers directly to the Prisons Minister, and ultimately to the Secretary of State, but it would not necessarily be appropriate if Ministers were compelled to enact every recommendation without consideration. It is right that there is a degree of agency for the Secretary of State, for which of course they are accountable to this House and to hon. Members.

I suspect that if there were sensible recommendations to be made and a Secretary of State ignored them, the right hon. Member for Garston and Halewood would be one of the first to challenge them on the matter in this House. I think the provision strikes an appropriate balance. Any Secretary of State or agency head who did not give careful consideration to the recommendations of an inspectorate would be—“reckless” is the wrong word, so let’s say “courageous”, in the language of Sir Humphrey.

To conclude, the clauses require the inspectorates to consult the Victims’ Commissioner when developing their inspection programmes and frameworks. That will ensure that the commissioner can advocate for what matters most to victims, with their invaluable insight considered throughout the consultation process. Centring the victim experience in this way will promote positive change across the criminal justice agencies that are inspected. I commend the clauses to the Committee.

[Anna McMorrin]

It is clear from my previous amendments to the Bill on expanding the powers of the Victims’ Commissioner that the commissioner should be widely consulted for the majority of matters in the victims code. I am pleased that the Government have accepted the recommendation following pre-legislative scrutiny by the Justice Committee to place a duty on criminal justice inspectorates to consult the commissioner when developing their work programmes and frameworks to drive improvements, because it is the victims’ experiences and what they go through that matter.

My right hon. Friend the Member for Garston and Halewood was absolutely right when she emphasised, as the Select Committee set out, that the inspectorates need the levers to act when these issues are pointed out. It is imperative that a formal consultative role is established as only some inspectorates routinely consult the Victims’ Commissioner. I welcome this provision, but would like to see that point emphasised.

[Edward Argar]

When responding to the right hon. Member for Garston and Halewood, I should have thanked and paid tribute to the work of the Justice Committee for its pre-legislative scrutiny, which played a huge role in improving the original clauses and drafting of this part.

Question put and agreed to.

Clause 17 accordingly ordered to stand part of the Bill.

Clauses 18 to 20 ordered to stand part of the Bill.

Clause 21

Parliamentary Commissioner for Administration

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

We are aware that agencies’ individual complaints processes can be complicated, so we are acting outside of legislation to seek to make them clearer and to improve transparency through regular reporting on complaints, improving communication with victims and identifying simplified points of contact across agencies. That, alongside removing the so-called MP filter for victims, will not only make it easier for victims to make a complaint, but help to hold agencies to account and drive up standards.

[Anna McMorrin]

There have been calls for some years to remove the MP filter so that victims who want to complain do not have to go through their MP. I met the ombudsman in July last year, and they made it clear how essential it was for the MP filter to be removed, so I am glad the Minister has outlined this proposal and finally conceded the point.

This move has widespread approval both inside and outside Parliament, but it is long overdue. The Government introduced a draft Bill back in December 2016 to remove the MP filter. How many victims could have sought support directly from the ombudsman in the last six years had the Government followed through with that Bill? That is not to mention the fact that the MP filter was intended as a temporary measure to be phased out after five years when first introduced in 1967. Yet here we are in 2023.

I also echo the ombudsman’s further request to allow victims to make a complaint in formats other than in writing. The Government’s response to the Justice Committee was that complainants can nominate someone else, such as a family member, to submit the complaint for them. However, there is a consensus that that does not go far enough in ensuring that everyone has adequate access to this vital public body.

The ombudsman’s consultation response on the Bill outlined the issue using a case in which the complainant stated they found the system difficult to navigate because they could not read or write. There is no guarantee that this individual would be able to nominate someone close to them to handle this incredibly sensitive and very personal issue for them, so I wonder whether the Minister might consider conceding on this point. Finally, it is worth noting that the ombudsman service is not well known among victims of crime, so how will the Government increase its visibility?

[Sarah Champion (Rotherham) (Lab)]

It is a pleasure to serve under your guidance for, I think, the first time, Mr Hosie. It is not so much that I want to make a speech; it is just that I feel compelled to say thank you to the Minister for moving on this issue.

In the 10 years I have been an MP, I have always felt quite compromised by being another level of the bureaucracy slowing down my constituents in getting through to an ombudsman-type person. That has always felt odd and inappropriate, and it gives false hope and a false understanding that MPs have some involvement in this process. It also took away another tool, but now we can act as lobbyists, as well as having the commissioner in place.

It is good to hear that the individual will have responsibility in terms of the victims code, because we keep asking about accountability and how to make sure the code is applied in an even-handed way geographically. I warmly welcome this change, which is well overdue, and I am glad the Bill is bringing it forwards.

--- Later in debate ---

[Anna McMorrin]

I beg to move amendment 9, in clause 12, page 10, line 22, at end insert—

“(d) offences against children.”

This amendment would extend the duty to collaborate to include victim support services for child victims.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 19, in clause 12, page 10, line 22, at end insert—

“(d) fraud.”

This amendment would extend the duty to collaborate to include victim support services for victims of fraud.

Amendment 82, in clause 12, page 10, line 22, at end insert—

“(d) modern slavery.”

This amendment would extend the duty to collaborate to include victim support services for victims of modern slavery.

[Anna McMorrin]

I will start with amendment 9. As it stands, the duty to collaborate in the Bill is limited to victim support services for domestic abuse, conduct of a sexual nature and serious violence. All of that is welcome, but it is such a restrictive remit that it excludes vulnerable victims who would benefit from joined-up services. Extending the duty to collaborate to include victim support services for child victims would ensure that children’s needs are guaranteed to be front and centre of any collaboration that takes place.

In her evidence session, when asked whether children should be included in the duty to collaborate, the response of the Children’s Commissioner for England and Wales was, “Absolutely.” I am happy to see that the duty to collaborate is in the Bill, but there needs to be more accountability around it. If we are going to put children as victims into the Bill, we have to recognise that they experience crime and victimhood very differently. What we need to put around them, to make sure that they are supported and can process things to see justice delivered, is different. Including children in the duty to collaborate would allow a national network, operating through regional and local levels, to enable every child to have the same experience and the best support. At present, as the Children’s Commissioner outlined,

“it is just not there.”––[Official Report, Victims and Prisoners Public Bill Committee, 20 June 2023; c. 24, Q51.]

According to Victim Support, children and young people are disproportionately more likely to be victims of crime, particularly the most serious crime. They often experience those crimes in their homes, schools and communities, and the crimes are sometimes carried out by people who should keep them safe. The Howard League for Penal Reform surveyed over 3,000 children in schools over a period of seven years; of those, 95% of children aged 10 to 15 reported being a victim of crime. Including them in the duty to collaborate is imperative to ensuring that the relevant agencies are prioritising children’s unique needs. That is what amendment 9 seeks to do.

Amendment 19 would include victims of fraud in the duty to collaborate. I put on the record my thanks to Catch22 and the shadow Attorney General’s team for working with me on the amendment. Concerns have been raised around there being a need to collaborate only with a subsection of crime types. That dilutes and undermines the importance of other crime types. Fraud is the UK’s most prevalent crime type.

[Janet Daby]

According to UK Finance, over £1.2 billion was stolen through fraud in 2022. Does my hon. Friend agree that victims of fraud must be mentioned in the Bill?

[Anna McMorrin]

Absolutely, and that just goes to emphasise the importance of the amendment. The cost to the mental health and wellbeing of victims of fraud is significant. In the year ending December 2022, 3.7 million offences were reported to the crime survey for England and Wales—a huge number, equating to 41% of the total offences experienced in that period. I am sure that the Minister has not had a chance to look yet, but our amendment has received coverage in The Times today, which reports that fewer than one in 3,000 fraud offences committed last year resulted in a prison sentence.

Far too often, The Government have treated fraud as a second-tier type of crime, and if Government Committee members reject that characterisation, I need only quote their own Ministers’ words back to them. In February last year, when he was the Business Secretary, the right hon. Member for Spelthorne (Kwasi Kwarteng) told the BBC that fraud was not the sort of crime that people experience in their daily life. Shortly afterwards, the Government’s counter-fraud Minister, Lord Agnew, resigned that post in protest at the

“combination of arrogance, indolence and ignorance”

that he had observed in the Government’s response to fraud. The Treasury, he said,

“appears to have no knowledge of, or little interest in, the consequences of fraud to our economy or society.”—[Official Report, House of Lords, 24 January 2022; Vol. 818, c. 20-21.]

Bear in mind that that was when the current Prime Minister was in charge at the Treasury.

Is it any surprise, then, that a year after a previous Prime Minister and Home Secretary were chastised by the Office for National Statistics for leaving out fraud when they talked about the overall rates of crime in our country, the current Prime Minister and Home Secretary repeatedly did exactly the same in the House? Minister after Minister has tried to play down or simply ignore the most frequently experienced crime in our country, and I fear that by not having it in the Bill the Government are seeking to do the same. All of us whose constituents have fallen prey to scammers know that it is anything but a victimless crime. I am sure that every Committee member is dealing with constituents who have become victims to fraud. We are talking about thousands upon thousands of lives being ruined in our communities—retired people losing all their savings, and mums and dads losing the money that they had set aside for when their children went to university, or to help them to put a deposit on a house.

According to the Government’s fraud strategy, published in May, 300 people who contacted Action Fraud last year to report their losses were considered by the call handlers to be at risk of suicide. Just last week, we heard that two elderly pensioners lost £27,000 because criminals posing as police officers had persuaded them to withdraw large sums of cash. As my hon. Friend the Member for Rotherham pointed out, last year alone over £1.2 billion was stolen through fraud. It is the most commonly experienced crime in the country, ruining the lives of millions, yet the Government did not see fit to include victims of it in the duty to collaborate. I am sure that the Minister will agree that they would benefit from a multi-agency approach. I am keen to hear his response before deciding whether to push the amendment to a vote.

[Sarah Champion]

The amendment is supported by the Centre for Social Justice, which identified that the duty to collaborate must cover support services for victims of modern slavery. Local authorities, the police and the NHS are all key agencies that come into contact with victims of modern slavery, and have a role to play in supporting them, alongside specialist programmes such as the national referral mechanism. That can range from immediate emergency support and protection to providing longer-term social care support or housing. There is a particular gap for victims before and after their contact with the NRM, and the lack of support often means that they have to choose between being destitute and going back to their exploiter.

Local authorities are the primary agency providing care and support for children, and only some children receive the additional support of independent child trafficking guardians. However, there is often confusion among local authorities about their responsibilities for supporting modern slavery victims. There is also often a lack of co-ordination with specialist support providers under the Home Office modern slavery victim care contract. Victims are passed from pillar to post, unable to access the support they need.

Police often find modern slavery victims out of hours, when access to other services is limited. Clear, joined-up strategies for supporting victims of modern slavery would help prevent those victims being placed in unsuitable and unsafe accommodation after being identified by the police—that is, of course, if the police identify them as a victim of modern slavery. A lack of clear and joined-up referral pathways can mean that victims of criminal exploitation, especially young people exploited in county lines drug dealing, find themselves arrested, rather than safeguarded and therefore given support.

The gaps in support provision particularly impact British victims of modern slavery. In 2022, the highest number of British “possible victims” were identified since the NRM began. One in five NRM referrals in 2022 was for a British child. It is essential that we get the support for that group of victims right. Research suggests that many British victims in particular are not accessing specialist support available under the NRM, either because they are not identified as victims of modern slavery as they or the professionals have misunderstood their entitlement to support, or because they choose not to be referred. That leaves them without access to specialist support, and their particular needs may not be recognised by mainstream providers.

The definition of victims in clause 12 lacks clarity in respect of modern slavery victims. Some modern slavery victims are victims of other offences listed in clause 12(4), such as sexual offences or serious violence. However, modern slavery can also result from threats, deception, and financial control and coercion, which may not meet the threshold of serious violence. The particular needs and experiences of modern slavery victims need to be considered in strategies, assessments and the exercise of support functions. That is best accomplished by listing those victims in the duty to collaborate.

Explicitly including modern slavery victims in the duty to collaborate would address local authorities’ confusion and lack of awareness of their responsibilities to support victims of modern slavery. It would strengthen the implementation of the modern slavery statutory guidance. It would lead to stronger local co-ordination by the police, the NHS and councils when it comes to identifying support needs, providing support and monitoring the recovery of modern slavery victims. It would also help ensure that British victims who do not enter the NRM receive appropriate support that recognises and responds to their needs and experience of exploitation.

We cannot let more vulnerable people slip through the gaps in local service provision. A joined-up approach to tackling modern slavery is needed, and I truly believe that amendment 82 will facilitate that.