Oral Answers to Questions

Catherine West Excerpts

Tuesday 27th June 2023 Commons Chamber

[Edward Argar]

I am grateful to the shadow Minister for her question. She will be aware that Lord Bellamy, whose portfolio covers the family courts, is looking at this issue carefully. Although it is not in my portfolio, I understand that two of the three limbs of the report she mentioned have already been implemented, and we anticipate implementing the final element later this year.

[Catherine West (Hornsey and Wood Green) (Lab)]

10. What steps his Department is taking to reform the criminal justice system to help tackle violence against women and girls.

[Alex Davies-Jones (Pontypridd) (Lab)]

12. What steps his Department is taking to reform the criminal justice system to help tackle violence against women and girls.

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[The Lord Chancellor and Secretary of State for Justice (Alex Chalk)]

Tackling violence against women and girls is a driving mission of this Government, and we are delivering on it in three ways. First, we have created and are creating new offences, such as revenge porn, and coercive and controlling behaviour, so that abusers have no place to hide. Secondly, we are increasing penalties so that offenders are not just convicted and disgraced, but punished in a way that fits the crime and protects victims. Thirdly, we are supporting victims by quadrupling the funding for victim and witness support services.

[Catherine West]

Today, tragically, 300 women in Britain will be raped. Under this Government’s watch, in three of those cases there will be a charge. Under this Government’s watch, charging numbers have plummeted. What are the Government going to do about it?

[Alex Chalk]

What we are not going to do is come up with statistics that are completely untrue. This is incredibly important, because people listen to what the hon. Lady has to say and it is simply wrong to send a message out that people are not being prosecuted. Let me make one thing crystal clear: more people have been prosecuted for rape in the last year for which statistics are available than was the case in the last year of a Labour Government. That is an important point. If I may, I will read out something so that she understands this, because people are getting justice all the time. It relates to one of the new Nightingale courts that we have set up, in Cirencester. Let me tell her what happened when two victims spoke out as their rapist had been sent to prison for 25 years recently. Victim B said:

“I would just like to say how happy I am with the whole criminal justice system. I wasn’t sure whether to go”—

to the police—

“due to being scared and thinking nobody would believe me. If there is anyone out there with the same situation I encourage them go forward as soon as possible”.

Of course there is more to do, but people are being convicted, people are being put on trial and rapists are being punished.

Oral Answers to Questions

Catherine West Excerpts

Tuesday 16th May 2023 Commons Chamber

[Alex Chalk]

My hon. Friend is absolutely right in his use of the word “scope”, because we have to take care with this legislation. There is a balance between speed and ensuring it is sufficiently comprehensive to achieve the policy aim. It is right to note that, if we look around other common law jurisdictions, we see that there are some occasions when such legislation has had unintended consequences that we do not want, so we want to consider that learning carefully. We will proceed carefully but quickly, with all due diligence and expedition, to make sure that it achieves the policy aims.

[Catherine West (Hornsey and Wood Green) (Lab)]

I warmly welcome the Secretary of State’s answer to the question from the hon. Member for West Bromwich East (Nicola Richards), but how can he introduce fresh challenges for the Department when the backlog is so severe? A visit to Wandsworth prison at Easter with a cross-party group of MPs showed that 75% of prisoners were still waiting for a basic sentence. [Interruption.] While he is reassessing his priorities—and introducing new things such as legislation on SLAPPs—will he reconsider the day job and the bread-and-butter work of getting through the backlog, so that three quarters of prisoners actually get their sentence and victims get justice?

[Mr Speaker]

Order. Can I just say that I love the imagination, but we have to be careful not to overstretch these questions. Secretary of State, are you happy to have a go?

Prisons Strategy

Catherine West Excerpts

Tuesday 7th December 2021 Commons Chamber

[Victoria Atkins]

I encourage the House to see this strategy as sitting alongside the drugs strategy, because treatment and recovery for prisoners is key to cutting addiction and reoffending. We are committed to a meaningful journey of recovery within prison, and we want abstinence-based treatment to be the longer-term goal. Whatever work we achieve inside prison walls must continue once prisoners are released, to give them the best chance of leading fresh lives.

[Catherine West (Hornsey and Wood Green) (Lab)]

The House was shocked to its core when we learned of the stillbirth of an 18-year-old mother’s baby at Bronzefield. What specific recommendations does the Minister have on antenatal care? She talks about healthcare for people affected by drugs and mental ill health, but will she please set out from the Dispatch Box what we have learned not to do or to do better for pregnant women?

[Victoria Atkins]

I am mindful of your call for shorter answers, Madam Deputy Speaker, so I cannot set out in detail everything we are doing, but I hope I can give the hon. Lady confidence that there is a vast programme of work to ensure such cases do not happen again. We are providing specific support for pregnant women, including a multidisciplinary individual care plan. We have introduced pregnancy officers and mother and baby officers in every single women’s prison. We do not want that terrible circumstance to happen again, and I genuinely believe it will be prevented through this work.

Protecting the Public and Justice for Victims

Catherine West Excerpts

Wednesday 9th June 2021 Commons Chamber

[Mr David Lammy (Tottenham) (Lab)]

I beg to move,

That this House regrets the unprecedented backlog of more than 57,000 Crown Court cases, as well as record low convictions for rape and a collapse in convictions for all serious crime; calls on the Government to set up more Nightingale Courts, to enshrine victims’ rights in law and to introduce the proposals set out in Labour’s ‘Ending Violence Against Women and Girls’ Green Paper; and further calls on the Secretary of State for Justice to update the House in person on progress made in reducing the court backlog by 22 July.

As always, it is good to see the Secretary of State for Justice in his rightful place.

In 1915, Franz Kafka wrote “The Trial”, which was about a young bank official, Josef K, who was arrested and prosecuted by a distant bureaucratic state, despite having done nothing wrong. The novel chronicles his lifelong struggle and frustrations with the invisible law and untouchable court. Readers of Kafka are shocked by the grindingly mundane frustrations of Josef K’s trial, which goes on for an entire year.

As has been repeated so many times, reality is often stranger than fiction. Today, in modern Britain, it can take multiple years before victims of crime and the accused finally get their day in court. Simon Foster, the new West Midlands police and crime commissioner, recently explained that he had seen court trial dates set for as late as 2024. He was right to pin the blame on the mismanagement and reckless neglect of the justice system over the past decade. Disturbingly, he warned that the delays would put domestic abuse, violence against women and rape cases at particular risk of collapse, due, of course, to the vulnerability of the witnesses.

I do not enjoy having to repeat the damning statistics that show that the Government are failing the survivors of violence against women and girls—frankly, they break my heart, and they should break all our hearts—but it is necessary for the House to recognise the scale of the problem that the Government have created if we are to have any chance of fixing it. In 2019-2020, the number of rape convictions in England and Wales fell to a record low: just 1,439 suspects in cases where a rape had been alleged were convicted of rape or another crime—half the number three years before. I am sorry to detain the Secretary of State, but I repeat that, because it is worth listening to: just 1,439 suspects in cases where a rape had been alleged were convicted of rape or another crime —half the number just three years before. Fewer than one in 60 rape cases recorded by the police last year resulted in a suspect being charged. The public have lost faith in those who are supposed to keep them safe: seven in 10 women say that the Government’s efforts to make the UK safer for women are not working.

[Catherine West (Hornsey and Wood Green) (Lab)]

My right hon. Friend is making an excellent point. Would he agree with me that behind all of these statistics is often a desperate young woman not knowing what her rights are, waiting months for an independent violence and sexual assault advocate, and just in desperate straits, and that the House has to push harder on this Government to get it right? It is completely unacceptable.

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[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

I thank the shadow Justice Secretary, the right hon. Member for Tottenham (Mr Lammy), for at least some of his remarks. I welcome today’s debate, which is an important opportunity for us to properly reflect on some of the serious issues that he quite properly raises. I can say at the outset that we absolutely agree with him when he talks about the ordeal of victims. The fact that this is nothing new is a matter of reproach for all of us. Can we do better? Yes, we can. Will we do better? Yes, we will. Are we taking action? Yes, we are—and it is there that, with the greatest respect, I take the gravest issue with his remarks.

To characterise my work or the work of this Government as somehow whistling or fiddling while Rome burns is a complete misrepresentation of the situation. Calm reflection and a look at the work that the Government have continued to do, well before the covid pandemic, will bear that out. I think of the actions that this Conservative Government took to address important issues of violence against women and girls. Many Members from the right hon. Gentleman’s party and other parties in this Chamber were involved as well—I readily and happily accept that —but it is a record of action.

Outlawing coercive control within an intimate relationship, an offence that we are now going further to expand; outlawing upskirting; creating a criminal offence of stalking, which I and other parliamentarians were involved with; outlawing revenge porn and now the threat of revenge porn; outlawing the so-called rough sex defence; dealing with the appalling offence of non-fatal strangulation—those are all achievements by this Conservative Government. Let us not hedge or make any qualification of that. It is a Conservative Government who have driven forward important action on violence against women and girls.

The right hon. Gentleman is right, however, that there is no monopoly on ownership of these issues. I do not want for one minute to convey the impression that somehow we hold the monopoly of wisdom on all things. I think it is right to gently, firmly and consistently point out that there have been many opportunities for us to work in a joint way. There have been times when that has been done; I particularly single out the approach that the right hon. Gentleman took on the counter-terror measures that the Government have introduced in the past year. That was an example in which we worked constructively and maturely together, but I hope he will forgive me for saying—well, I am sure that he will not, but I will say it none the less—that there was an opportunity to do that again on Second Reading of the Police, Crime, Sentencing and Courts Bill, but the Labour party did not take it. Frankly, it makes it rather difficult for me to take seriously the words that come out of his mouth about working together when such an important opportunity to work together was missed.

[Catherine West]

What does the Lord Chancellor say to the 44% of victims of rape who walk away before the trial, fed up because the defendant got their legal advice when they reported it but they have had zero? They may have had a very nice police officer have a little chat and ring them once a month, but they have had zero, because victims are waiting months for the independent sexual violence advisers and months for their court date. They are fed up—44%. What does he say? Will he apologise?

[Robert Buckland]

Having met and talked, in a professional and now a political capacity, to many of the victims that the hon. Lady describes, I say this: an apology is due, and I give that, but action is due as well, and that is happening.

The hon. Lady talks about independent sexual violence advisers. From day one of taking office, I made the case consistently that the expansion of their important role was a vital part of my policy, and we have done that. In 2019, I put an extra £5 million into investing in ISVAs. We have now expanded that; the total that we are investing in increasing ISVAs as we speak is £27 million. That means hundreds more ISVAs who will be available to support victims of crime from the get-go. She is right: the evidence is clear that, where an ISVA is involved, the rate of dropped cases falls dramatically—by about 50%, in fact.

I take up the hon. Lady’s challenge and exhortation, and I say that this is work in progress but we are getting on with it—yet another example of the action that I and this Government are taking to deal with the heart of the matter. Of course, that is going to be followed up very soon by the important end-to-end rape review, which we will publish. That piece of work has, quite properly I think, considered and reflected on a very important judicial review launched against the Crown Prosecution Service that was dealt with earlier this year, and indeed on the representations of many groups in the sector, reflecting the important views of thousands of victims of the most heinous crime of rape. That review will be published imminently, and I can assure her that it will be a full and proper reflection not only of the problems that we have encountered but of what can be done and what will be done to help to remedy the situation.

I am not going to hedge or qualify; I am going to be absolutely frank about the fact that the current rates and numbers of cases being brought to court are inadequate. They do not reflect the reality of what has been happening to thousands of women and girls in our country, and we are determined to do everything we can to change that. That involves a change from end to end—police, prosecution and the court system itself. That is what we need to encapsulate and get right, and I can assure the hon. Lady that, when that document is published, it will be the fullest proper reflection of the important points that she is properly so passionate about.

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[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I am saddened by some of this debate, because I genuinely like and respect both my right hon. and learned Friend the Lord Chancellor and the right hon. Member for Tottenham (Mr Lammy), who are committed politicians and committed lawyers. We missed a bit of the seriousness of the debate in some of the party political knock-around that inevitably happens in these cases. The truth is that this is a really important issue, and both of them have elements of force and truth in the cases that they make. There is actually more common ground than one might read from some of the noise in between. I would have thought that anyone who listened to the very reasonable approach of the Lord Chancellor would say, with respect to the shadow Secretary of State, that he was the wrong messenger to shoot at.

The Lord Chancellor, like me, has immersed his life in the criminal law. Between us, we have clocked up about half a century of doing the publicly funded, the unfashionable, and the rough end of the trade. It is not that we have not seen exactly the things that the right hon. Gentleman talks about on the ground. It is not that I have not seen or experienced the frustrations of victims when I have prosecuted offences that we were not able to bring to a conviction, or the difficulties in sitting in a police cell trying to persuade often troubled defendants who have committed very serious matters to accept the reality of the evidence. Those are things that cannot always be reduced to simple statistics. Behind the statistics of conviction rates and prosecution rates there are individual cases that are all fact-specific in every instance. It is not in the gift of any Government to guarantee a given rate of conviction or a prosecution for any type of offence, because the nature of the system is that an independent jury, properly directed by an independent judge, must come to a decision on the evidence that is put before it.

[Catherine West]

Will the hon. Gentleman give way?

[Sir Robert Neill]

I will do, certainly, but this will be the only one.

[Catherine West]

I accept the point being made by the Chair of the Justice Committee, and he is making it very well, but 44% of victims—not 10% or 20% even, but 44%—are walking away from their day in court. Why is that?

[Sir Robert Neill]

If the hon. Lady will allow me to develop my point, it is the point that I made in my intervention on the Lord Chancellor, which is that we need a much more whole-systems approach to this. The justice system can deal only with the evidence that is put before it. It is as good as the evidence that it has obtained. What is required is a much more holistic approach, with an emphasis on the investigation of not just serious sexual offences, but all offences, and that has not always been the case. I can remember when I started at the Bar, when complainants in rape cases and other serious offences often got, I am afraid, an unsympathetic understanding from the police force and the legal system. That has changed hugely. It has changed out of all recognition from when I was in practice, so there have been real changes, but also, as has been observed, the nature of the technology that we all use in our everyday lives makes issues such as disclosure all the more important.

We must not pursue targets at the cost of doing justice in the individual case either, and that balance is not an easy one to achieve or to articulate. We need to make that point really clearly and robustly. What is required, and where I hope that we can share some common ground, is that to achieve that we need systemic long-term investment in the system. Failure has been known to come from this side of the House—the hon. Lady and others know that I am not afraid to speak out and criticise my own party when I think that it has got it wrong. What I have found as Chair of the Select Committee and from the reports that we have done is that, over a period of decades—decades going beyond any Government and probably beyond virtually anyone sitting in this Chamber—there has been underinvestment in the criminal justice system. That is largely because it has never been a politically interesting, dare I say politically “sexy”—horrible word—or politically high-level agenda item. It has always been a Cinderella service that is downstream and has never had the attention that it deserves.

Both Front Benchers—my right hon. and learned Friend the Lord Chancellor and the right hon. Member for Tottenham—are doing a lot to push the issues up the agenda. The Lord Chancellor has battled hugely and, I hope, successfully—I will continue to support him—to get more reinvestment in the system. To be frank, my own Government, of which I was a part, took out too much at one stage and adopted too transactional an approach. More money is being put back in, but the reality is that we have to have a consensus that it is important to spend money on our court infrastructure and important to ensure that investigation by the police, charging by the Crown Prosecution Service and the work of the courts are properly joined up.

It is also important that we have a functioning court system in which there is proper investment in capital and resources to make sure that the buildings and infrastructure actually work. I welcome, for example, the lifting of the cap on sitting days to deal with the backlog. I hope that the Lord Chancellor will be able to assure us that that will be continued indefinitely, until such time as we reach the sensible and realistic level of backlog to which he referred. We all ought to urge the Treasury to give him the funding to do that.

We then need proper capital investment in the prison system, which we have not even touched on, because if we are really to prevent more victims, we need to make sure that, as well as punishing and deterring, the prison system rehabilitates and reforms where necessary.

This is a massive topic and the time available does not permit us to touch on it all. I hope that this debate is at least a trailer, and I plead for a more consensual, less politicised and certainly longer-term debate. We need a more honest debate with the public about what our justice system has to do, what it should be for and what its objectives are on a much more long-term basis. It would be a real service if we in this House could take a lead on that.

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[Laura Farris (Newbury) (Con)]

A point that I think we can all agree on is that victims should not have to wait. Throughout the pandemic, we have seen how difficult it is to accelerate justice. In May last year, Lord Brown, the retired Supreme Court justice, wrote in The Times that it was time to abandon jury trials. He recalled the experience of judge-only trials in Northern Ireland during the troubles and recommended that we temporarily pursue that route.

The right hon. Member for Tottenham (Mr Lammy) disagreed. On 20 June last year, he wrote:

“You don’t fix the backlog with trials that are widely perceived as unfair.”

He later came forward with his own proposal for “wartime juries” of seven people, which he thought might reduce the backlog by 15% to 20%. A number of practitioners disagreed, including Baroness Kennedy, who said that that was

“opening the door to sacrificing the precious way people in our communities contribute to something really important.”

Again and again, she has talked about the magic number of 12 people on a jury, which is what the Lord Chancellor has pursued.

I say that not to criticise any of the views to which I have referred, but because there are good, fair, sensible arguments for and against any of those options. All of them are imperfect, but all have at their heart access to justice and the execution of article 6 rights. I respectfully say that these delicate, nuanced considerations about delivering justice deserve more than the atmospherics of an Opposition day debate.

It is important to contextualise our backlog. It is striking how much better we are doing than equivalent jurisdictions. New Zealand has a population of 5 million and a backlog of 75,000. New York City—one city in one state—has a backlog of 50,000 criminal cases. It is important to look at the progress that we are making through the backlog. The latest figures published by the MOJ up to, I think, 25 April show that disposals are now at a level 5% higher than before the pandemic.

[Catherine West]

If 44% of the victims are walking away, the backlog is dealt with.

[Laura Farris]

I think I understand the hon. Lady’s implication. Of course I am not suggesting that the backlog is dealt with, but the critical point is the progress that we are making through the backlog rather than the number itself. It is right to say that disposals now outstrip receipts and we are reducing numbers, which is something that I think we should be very proud of.

I also think that there is real cause for optimism in how remote hearings have been used. From a standing start, we saw courts embracing nascent technology, and in 12 months they have delivered everything from a 12-week trial in the High Court to a complex jury inquest in Kent, all of it online. These changes are becoming embedded. In the future, we will be delivering justice in a way that is more efficient, more economical and crucially, I hope, more swift.

I would like to spend a moment on the issue of justice for women. I echo the remarks of the Chair of the Select Committee, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), in that I think we do women a disservice if we reduce these questions to a political tit-for-tat, although I think the mood has shifted a little bit since the start of this debate. There are Opposition Members for whom I have a lot of respect on this issue, and they know that.

The Government have made good progress. Stalking, choking, revenge porn and rough sex are ugly crimes that have found their way on to the statute book, where they did not previously exist. Of course, we are not there yet, and it is a raw feeling to be speaking on this in the week when Wayne Couzens admitted to the abduction and rape of Sarah Everard, but that crime did not happen because of an absence of laws. In fact, Harriet Wistrich from the Centre for Women’s Justice gave evidence to the Home Affairs Committee this morning, where she said that the fact is we do not need more legislation. Her concern, which she expressed powerfully, is that the police are failing to implement what is already there. Very respectfully, when I read the Labour Green Paper, I saw almost no reference to police failings at all.

I also think that we as a House have to be honest. While young people can pick up a phone, click a few buttons and watch rape porn, we have a problem. While schools and universities, and even workplaces, tolerate or at least turn a blind eye to misogyny and harassment in their midst, we have a problem. When young people are living in families where they see perhaps violence and misogyny exhibited in the home, we have a problem. The justice system is the end point, but if we are serious about violence against women and girls, we owe it to the victims to work seriously and collaboratively on the causes.

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[Catherine West (Hornsey and Wood Green) (Lab)]

I am pleased that the hon. Member for Redcar (Jacob Young) mentioned knife crime, because as we have been speaking two youngsters have been arrested for a tragic knife crime incident yesterday outside a school—it can happen anywhere. Unfortunately, I think there might have been an increase in shooting as well, so across the spectrum of crime, from antisocial behaviour, where 1.5 million separate incidents have been reported this year, right through to rape, sexual assault and some of the most serious crimes, crime is up under this Government.

I thank the Justice Secretary for his gracious apology to the 44% of victims who walk away. The saddest thing as a constituency MP is to hear a victim of crime say, “I cannot stand this any longer. I know what he did to me was wrong, but I cannot face this any longer.” We have that on an epidemic scale in this country, which is why that vigil touched a nerve for every woman in this country. It is because we are sick of it. That is exactly why there is so much emotion around this topic. Whether we are talking about Nicole Smallman and Bibaa Henry, who were murdered in a disgraceful, heinous attack last summer, or the terrible circumstances around the Sarah Everard case, this touches a nerve because we know that our justice system is failing victims.

I want to see this improve, and I have made that very clear during this debate. I want to see an absolute seriousness in dealing with this, because it goes to the heart of who we are and the culture, and we must own this as a big problem within our society. I also wish briefly to thank the Justice Committee Chair, the hon. Member for Bromley and Chislehurst (Sir Robert Neill), for saying that when he was a Minister he felt that the Government did take out too much, and the decade of austerity is not helping now.

I briefly wish to touch on the issue of perpetrators, because I am not really one of those people who just wants to throw the key away. When the prison system is failing so hugely, what do we expect but to have people coming out and wanting to create mayhem and more crimes? We need to make our prisons safe, decent and secure; to have education and training for prisoners, so that they can get a job on release; and to address addiction. Our prisons are full of people who are addicted to drugs but who have time on their hands. Why are we not providing high-quality addiction services, and training the staff and paying them properly so that they can look after the perpetrators? This approach would allow us to have the justice that we seek: justice for victims, as per the excellent manifesto that our Front-Bench team have produced, doing the homework for the Government, as ever; and, secondly, a proper prison system so that we can have justice in our society and a genuine reflection of us and our identity, and what we want to see in our society.

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[Catherine West]

Does my hon. Friend agree that it is rather disgraceful that, in a debate on the important subject of violence against women, the Government Benches are empty?

[Ellie Reeves]

I am grateful for that intervention. That is really important, and it shows the Government’s lack of seriousness on this issue. This is so serious. My hon. Friend, along with my hon. Friends the Members for Jarrow (Kate Osborne) and for Warwick and Leamington (Matt Western), made powerful points about how women who are victims of rape have lost confidence in the criminal justice system, and because of that, they are giving up on their cases before they even get to court.

Let me be clear: this Government are letting down victims of rape and serious sexual violence on every front. There is a 58,000-case backlog in our courts; rape prosecutions are at their lowest level on record; rape conviction levels are at a 10-year low; and domestic abuse prosecution levels are plummeting. Only one in 60 rape cases recorded by the police last year resulted in a suspect being charged, and the number of victims who pull out of their trial has more than doubled in the past five years. The horrendous figures speak for themselves: this Tory Government have completely failed victims.

When I have spoken to victims, they have told me that they often feel as though they are on trial when they report these crimes. They have told me how being left to wait years for their day in court leaves them in a form of purgatory, unable to move on from what has happened to them. Many feel that the justice system is working against them and not for them. That is a complete and utter failing by this Government.

The police and crime commissioner for the West Midlands, England’s second-biggest police force, recently warned that rape and domestic violence cases will be among the worst hit by the growing court crisis. He described how the backlog of cases

“undermines the credibility of the justice system”,

with cases collapsing owing to the lengthy delays that victims face, and said:

“It’s particularly domestic abuse, violence against women and rape cases that are going to be at serious risk”

of collapsing. With 44% of rape victims already pulling out before their cases get to trial and record low prosecution and conviction rates for rape, we cannot afford things to deteriorate any further. We cannot afford more women and girls to be continually let down by this Government. We cannot afford to wait any longer for action: enough is enough.

We have now been waiting for more than two years for the Government’s rape review and the date of publication has again been kicked into the long grass, with no action forthcoming from the Government. In that time, another 100,000 rapes have been reported to the police. Not only are there huge delays with the publication of the rape review, but the Minister who has direct oversight of it, the Minister for Crime and Policing, the hon. Member for North West Hampshire (Kit Malthouse), does not even know to whom he and his Department have spoken. When recently there was an urgent question on the review, the Minister was asked whether the review had directly consulted survivors as part of its engagement panel. He said that they had been, but the reality is that the review has commissioned no specific survey of rape victims and no roundtable meetings have been held directly with survivors of rape and sexual abuse. In the more than two years since the review was announced, how on earth has there been no direct contact with survivors? How can this Government say that they have put victims at the heart of the review when they have failed to speak to them directly? The views and experiences of victims must be at the centre of our efforts to turn the tide on record low levels of rape charges and convictions, but instead victims have been ignored throughout the entire process.

It is clear that at every single step of their journey, victims are being let down by this Government. The Government have no ideas and no plan. Labour has one—we have a plan. We have set out what we would do in our survivors’ support plan and our Green Paper on ending violence against women and girls. We would introduce tougher sentences for rape, stalking and domestic murder; review sentencing for all domestic abuse; and introduce whole-life tariffs for those who rape, abduct and murder a stranger. We would remove the legal barriers—such as legal aid and no recourse to public funds—that prevent the victims of domestic abuse from getting the help that they need. We would introduce a survivor support package to improve victims’ experience in the courts. The package would include the fast-tracking of rape and sexual violence cases, legal help for victims and better training for professionals to give people the help that they need. We would also bring in training for teachers to help to identify, respond to and support child victims of domestic abuse.

Will the Minister commit today to backing Labour’s survivors’ support plan? Will he introduce the indicators across the CPS, Ministry of Justice and police that are required to improve victims’ experience of the criminal justice system, as set out in our Green Paper? Will he commit to enshrining victims’ rights in law? Will he create more Nightingale courts to reduce the court backlog? And will he finally publish the long-awaited rape review?

This Government have let down victims on every front. We need to see how they intend to reverse the shocking deterioration in rape prosecutions on their watch, and how they intend to improve the experience of the criminal justice system for victims of rape and sexual violence, and restore it so that it works for everyone.

I urge every Member of the House committed to ending violence against women and girls, to protecting the public and to ensuring that victims get justice and that we have a criminal justice system that works for everyone to vote with us today and support Labour’s motion. The time for warm words is over. We need action. We need a plan. That is exactly what our motion today does.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

It is a great pleasure to be able to close this evening’s debate.

The covid pandemic is truly unprecedented. It has affected every corner of our lives; from hospital operations denied, to schools closed, to businesses struggling, and even how Parliament itself operates, we have seen covid’s effects. The court system is of course no different; bringing people safely into buildings for trials and hearings, especially jury trials, is a difficult thing to do. It has required a Herculean effort over the last year and more to keep our justice system operating, and I would like to start by paying tribute to the judiciary, the staff of Her Majesty’s Courts and Tribunals Service, barristers, solicitors, the Crown Prosecution Service, the police, the National Probation Service and so many others who have worked tirelessly in extraordinarily difficult circumstances to keep our justice system running.

In doing that we have, as I have said, had to confront a Herculean task, yet at the beginning of this afternoon’s debate the right hon. Member for Tottenham (Mr Lammy) suggested from the Opposition Front Bench that there had been inaction by the Government during this time; extraordinarily, that was what the shadow Justice Secretary said. Nothing is further from the truth, however. Impressive action has been taken in the last year to combat the impact of coronavirus on our court system: a quarter of a billion pounds extra spent on making sure our justice system can still operate; 1,600 extra HMCTS staff hired; 402 Crown court jury courtrooms set up, more than the target of 390; and a rapid deployment of remote hearing technology that has enabled 20,000 remote hearings a week, a 4,000% increase on the number before the pandemic.

[Catherine West]

The title of this debate is “Justice for Victims”. What advice would the Minister give me as a constituency MP when a young victim says, “I’m not going to pursue that case because I cannot give the next four years of my life to that man”? What is his advice when she says, “I’m just going to go and get my cousins to beat him up”?

[Chris Philp]

I would advise any Member of Parliament to do everything they can to support victims in their constituency to pursue prosecution. I will talk in a few minutes about some of the measures we are taking to speed up the justice system further and help and support victims, particularly women victims and victims of sexual abuse and domestic violence, but we should all encourage and support our constituents. I know the hon. Lady would do that; I am sure she is doing it, as of course we all do, and I will discuss some of those measures in just a moment.

I was talking, however, about the action we are taking to ensure that justice is delivered and that victims like the hon. Lady’s constituent can have confidence. In addition to those 20,000 remote hearings a week, speeding up justice for people like the hon. Lady’s constituent, we now have covid-safe measures in 450 courtrooms. We have opened up 60 Nightingale courtrooms around the country. We have got super-courts coming to hear multi-hander trials. And to support victims such as the hon. Lady’s constituent we are spending this year across Government, not just in the MOJ, £300 million to give victims the support, encouragement and help they need, exactly as the hon. Lady was saying a moment ago.

These actions have delivered results. As my hon. Friend the Member for Newbury (Laura Farris) said in her excellent speech, despite these difficulties the England and Wales jurisdiction is leading the world in court recovery. Many jurisdictions have barely restarted jury trials. We restarted jury trials in May of last year, and we were the first jurisdiction of our kind to do so. Backlogs in other jurisdictions are far higher than ours when we adjust for size.

Talking about our jurisdictions, in the magistrates court—let us start there—the outstanding caseload is dropping now by about 2,000 cases a week. The outstanding caseload at one point, at the height of the pandemic back in the summer of last year, went up to 525,000. As the shadow Justice Secretary said in his remarks, it is now back down to 460,000. About half of the extra caseload caused by covid has now been removed, and every single week it is relentlessly going down further. That is thanks to the work of our magistrates, such as my hon. Friend the Member for Warrington South (Andy Carter), who sits on the bench in Merseyside. I pay tribute to him and his colleagues for the work they have done in reducing that outstanding caseload in magistrates courts week in and week out.

The Crown court is obviously more difficult because jury trials and pandemics do not very well mix, and the number of outstanding cases has gone up. However, I can report to the House that the level of disposals—[Interruption.] I am coming on to that. The level of disposals now in the Crown court is running above the pre-covid level. It is running about 5% above the pre-covid level, as of the week commencing 25 April, which was just a few weeks ago. The most recent management data we have—it is not yet published, and is subject, of course, to verification—from the last few weeks now shows the outstanding caseload beginning to turn the corner and decline as these measures take effect.

[Catherine West]

Will the Minister give way?

[Chris Philp]

Of course.

[Catherine West]

There is so much time; it is only 6.46 pm. Could the Minister explain to me why there is a three-month waiting list for an independent sexual violence adviser, and why those individuals are not allowed to go into the courtroom when the victim desperately needs them to go in with them on the day? At the moment, they are not allowed into the courtroom.

[Chris Philp]

I thank the hon. Lady for her comment. For the very reasons she mentions, we are currently recruiting a large number of additional ISVAs—independent sexual violence advisers. A lot of extra money has gone into this in the last year, and the recruitment is well under way. Those ISVAs do provide vital support to victims to make sure they are able to give their evidence.

I have outlined the action we have taken—the substantial action we have taken—and the results that it is delivering. But we are not resting there; we are doing more. In this current financial year, the Lord Chancellor—my right hon. and learned Friend has just joined us—has made it clear, as has the Lord Chief Justice, that Crown court sitting day numbers will not be a limit to listing. We have given a clear signal to the judiciary to list as much as they possibly can without limitation, and I am sure that our country’s judges will be listening to our proceedings this afternoon and will list cases accordingly.

We are also going to continue opening more Nightingale courts, and we are going to have some super courts to hear multi-hander cases. Of course, I am delighted that, following the energetic and effective campaign by my hon. Friend the Member for Sevenoaks (Laura Trott), Kent is one of the most recent places to have a Nightingale court opened.

We heard a little bit of commentary about the state of our justice system prior to the pandemic, and reference was made by several Opposition Members to the outstanding caseload of 39,000 cases prior to the start of a pandemic in the early part of 2020. It was suggested that that level of outstanding cases was shockingly high, but what none of the Opposition Members chose to mention or chose to remember was the fact that in 2010, when the last Labour Government left office, the outstanding caseload in the Crown court was not 39,000, but 47,000—a great deal higher. I am proud that it was a Conservative Government who got that outstanding caseload down by 12,000 compared with our Labour predecessor prior to the onset of the pandemic.

We also heard some commentary about convictions and about the state of the criminal justice system. The most reliable measure of crime is the crime survey; it is the only statistical measure recognised by the Office for National Statistics. The number of crimes recorded by the crime survey back in 2010 was 9.5 million. The most recent figures from a year or so ago show that that has declined by 40%, with the figure down to 5.6 million, so we do not need any lectures about the last 10 years from the Opposition, when crime under this Government has dropped by 40% according to the most reliable measure. Of course we want that to continue, and we are hiring 20,000 more police officers and 400 more prosecutors to make sure that that reduction in crime, as measured by the crime survey, continues.

We heard quite a few moving and important contributions during this afternoon’s debate on the critical issues of violence against women and girls and of rape, and I thank the shadow Minister, the hon. Member for Lewisham West and Penge (Ellie Reeves), for her thoughtful speech on this, as well as the many other Members who contributed to this discussion. I would like to start by addressing the question of sentencing for rape, which was raised by the shadow Secretary of State for Justice, the right hon. Member for Tottenham (Mr Lammy), in his speech. The maximum sentence for rape is life, and judges are free to sentence up to that level. The right hon. Gentleman asked about the actual sentence lengths that are being handed down. The sentences that are being handed down for adult rape have increased in the past 10 years by two and a half years. They have increased from 79.2 months back in 2010 to 109.4 months more recently. The average sentence for men convicted of this appalling crime has gone up by two and a half years, and quite right too, because it is a despicable and appalling offence.

It is not just the sentence that is important; it is also important how much of that sentence is served in prison. We legislated by statutory instrument about a year ago, and we are legislating again now in the PCSC Bill to ensure that violent criminals, including rapists, get released automatically not after half their sentence, as was the case under the last Labour Government, but after two thirds of their sentence, to ensure not only that sentences are longer but that more of the sentences are spent in prison. That is the right thing to do, and I strongly support those measures.

Many Members have raised the issue of the inappropriately low rate of rape convictions. The Government fully acknowledge that the rape conviction rate is far too low and that action is needed. The hon. Member for Lewisham West and Penge asked some questions about the rape review. I do not want to pre-empt it too much, but my understanding is that it will be published in days rather than weeks. It will comprehensively seek to address the issue of rape convictions. They are too low—there is no two ways about that—and through the rape review, we will work with those on both sides of the House to get the rape conviction rate increased, because that undoubtedly needs to happen.

Many steps have been taken already, but more are needed. I particularly draw the House’s attention to the section 28 rules about evidence. As of last November, all vulnerable witnesses have been able to give pre-recorded evidence at a very early stage in the process, including the cross-examination, in order to deal with exactly the sort of trauma that the hon. Member for Hornsey and Wood Green (Catherine West) referred to, and to get evidence recorded quickly so that the victim can move on. That has applied to all vulnerable victims as of November last year, and we are now piloting a further three areas where victims who could potentially be intimidated can record their evidence in the same way. That is an extremely important move.

More generally on violence against women and girls, a great deal has been done already, although of course there is more to do. Domestic violence protection orders were prioritised by the courts during the pandemic, and it was this Government that introduced new stalking offences and increased the sentences for them. This Government, with cross-party support, introduced the upskirting offence, did work on female genital mutilation, introduced and passed the Domestic Abuse Act 2021, and introduced the measures on non-fatal strangulation and the rough sex defence—action after action designed to protect women and girls.

However, more is needed and in the coming months, we will publish a refreshed violence against women and girls strategy and a domestic abuse strategy. There will be a review of domestic homicide and, of course, the Law Commission is conducting a review of hate crime, which will include misogyny. There has been progress, but we need to make a great deal more.

[Catherine West]

The Minister is being generous in giving way. Will he acknowledge the important work done through private Members’ Bills on those subjects? The way that he expressed it suggests that they were all the ideas of the Tory Government. If I am correct, the hon. Member for Bath (Wera Hobhouse) promoted a private Member’s Bill on upskirting and another Member had a measure on strangulation. Several of the Minister’s recommendations come not from the Government but from private Members’ Bills.

[Chris Philp]

I made it clear that the measures had cross-party support. It is true that some of the ideas originated in private Members’ Bills, and we welcome that. The Government listens across the House and takes action. Therefore, when private Members’ Bills that had merit were introduced, such as some of those we have heard about, for example, the upskirting measure, we embraced them and got them passed. We can all, on both sides of the House—the Members who promoted the private Members’ Bills and the Government for embracing and passing them—be proud of that. As I said, much has been done, but there is much more to do.

I want to deal with one or two specific points. My hon. Friend the Member for South Suffolk (James Cartlidge) made some important points about pet theft. As my right hon. and learned Friend the Lord Chancellor said, a taskforce is taking action on that. My hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds) mentioned catalytic converter theft, which also plagues Croydon South, and I will take up his suggestion.

I want to pause on the moving and powerful contributions of my hon. Friend the Member for Telford (Lucy Allan), who recounted the appalling constituency case of Georgia, who was so awfully murdered, and of my hon. Friend the Member for South Leicestershire (Alberto Costa), whose constituents, Lynda and Dawn, were murdered by that terrible man, Pitchfork. My hon. Friend the Member for Telford also raised that case. The Government have of course seen the independent Parole Board’s decision of Monday to release that man. Thanks to legislation passed a year or two ago, the Lord Chancellor has the power to review such decisions and to ask the Parole Board to think again. I can confirm that the review of that decision is ongoing and will be concluded before the expiration of the relevant time limit. The Lord Chancellor is acutely aware of the case and is looking at it as we speak. I thank my hon. Friends the Members for Telford and for South Leicestershire for raising the case. I assure them that it is under active consideration.

It is clear that the pandemic has placed unprecedented pressure on our justice system as it has on so many parts of our lives, but we cannot allow the virus to stand in the way of justice. That is why we have taken action: Nightingale courts; £250 million; no limitation on sitting days; 1,600 extra staff; the roll-out of technology, and so many other measures. We will leave no stone unturned in ensuring that our justice system recovers.

Our justice system is the cornerstone of a civilised society. It is fundamental to keeping us and our constituents safe. The Government will do everything necessary to sustain, support and protect our justice system and victims. We have led the world in court recovery. That work will continue.

Question put.

Police, Crime, Sentencing and Courts Bill

Catherine West Excerpts

2nd reading & 2nd reading - Day 2
Tuesday 16th March 2021 Commons Chamber

[Catherine West (Hornsey and Wood Green) (Lab)]

It is a pleasure to follow the hon. Member for Milton Keynes North (Ben Everitt), although I am a bit disappointed that he doubled down so hard on the most discriminated against group in Europe, the Gypsy and Traveller group.

I wish to speak about a group who do not receive a mention in this Bill—women. The killings of Sarah Everard, Bibaa Henry and Nicole Smallman, and the fallout from the policing of vigils or events to remember these terrible occasions, give us an opportunity in this debate to bring about a new conversation. Unfortunately, this Bill just seeks to take away people’s right to protest and to freedom of speech. The Bill is packed with measures to limit our democratic freedoms and to protect statues, rather than address the glaring failures of the system.

Let us look at some facts. Data from the Prison Officers Association shows that the highest number of women in prison are there for the non-payment of TV licences, and that 80% of women in detention are in prison for non-violent offences. A majority of women in prison commit crime as a result of abuse, whether that be childhood trauma, abusive relationships, financial abuse or drug use as a result of some sort of trauma. Women are much more likely, even when in prison, to have been a victim of violent crime, yet this Bill does so little to deal with that. Ministers could have used this legislation to address that, and to defend women and girls. Instead, they have packed this Bill, which lacks focus, with draconian measures to try to divide the country and create yet another culture war.

Ministers could have increased minimum sentences for the most serious crimes, such as rape and stalking, and shown that they really care about the dreadfully low rates of conviction for sexual violence. The Victims’ Commissioner Dame Vera Baird, QC, is right to say that “urgent and sustained action” is needed to

“redress the confidence in the police and criminal justice system—and really, frankly, half the population”.

Labour has done some homework for the Government, and proposes a victims’ Bill and a survivor’s support plan for victims of rape. I hope that the Minister will give due regard to that excellent work, which was prepared through good consultation with many, many women.

I have been clear with my constituents that I will vote against this Bill, not because there are not some good elements to it, but because I seek to defend the right of my constituents not to be silenced. Labour wants changes that will protect women and girls; changes that will target violent crime; and changes that will provide the treatment and addiction support that are so often overlooked in the criminal justice system.

Oral Answers to Questions

Catherine West Excerpts

Tuesday 8th December 2020 Commons Chamber

[Alex Chalk]

I thank my hon. Friend for the work that he has done on this issue. It has been noted and appreciated. He is absolutely right; from memory, it is question 57 of the Law Commission’s review of this precise issue. I hope that that work progresses. The extraordinary thing about football is that so much of an advance has been seen in respect of racism, yet homophobia still seems to exist, although I have to say that there is much better work going on in the women’s game than the men’s. The men need to catch up.

[Catherine West (Hornsey and Wood Green) (Lab)]

What steps the Government are taking to respond to covid-19 outbreaks in prisons.

[The Minister of State, Ministry of Justice (Lucy Frazer)]

Throughout the pandemic, we have worked really closely with Public Health England to respond to any outbreaks in prison and to keep our staff and those in our custody safe. We are taking a number of measures, which include compartmentalisation—keeping separate the vulnerable, those who are symptomatic and those who are coming into prisons from outside—as well as increased testing and more use of personal protective equipment, including face masks, where it is appropriate.

[Catherine West]

During these tough times of covid, health and safety is more important than ever. Will the Minister consider introducing a hotline for staff so that they can report health and safety breaches, particularly around the covid question but in other regards as well, given that prisons are a difficult place to work?

[Lucy Frazer]

I thank the hon. Lady very much for her suggestion. There are a number of hotlines available to staff. We work very closely with the unions on a local level, as well as a national level, but I am very happy to take away her suggestion to see whether it is necessary.

Oral Answers to Questions

Catherine West Excerpts

Tuesday 8th October 2019 Commons Chamber

[Chris Philp]

I thank the hon. Gentleman for his question and for the enthusiasm with which he called for your attention, Mr Speaker. I should of course be delighted to meet him to discuss any concerns that he may have about access to justice in his constituency.

[Catherine West (Hornsey and Wood Green) (Lab)]

Given the tragic case of the baby who died in prison and the mother who laboured on her own in a prison cell, will the Minister please, in her review, look at two issues? First, were enough prison officers on duty that night, and secondly, will every single pregnant prisoner be given a healthcare plan suitable to her needs for every day of her pregnancy on which she is in prison?

[Lucy Frazer]

The hon. Lady has made a very important point. I assure her that a number of investigations are under way. Ten separate investigations of the incident are currently taking place, and I am pleased to announce that the Secretary of State and I have formally asked the prisons and probation ombudsman to conduct an overarching investigation. I spoke to the governor of the prison yesterday. She has introduced hourly checks throughout the night for all pregnant women, and fortnightly pregnancy review boards are being held for them, involving a multidisciplinary team. That is happening throughout the female prisoner estate.

Domestic Abuse Bill

Catherine West Excerpts

Wednesday 2nd October 2019 Commons Chamber

[Catherine West (Hornsey and Wood Green) (Lab)]

It is a pleasure to be the final contributor from the Back Benches in this amazing debate. It has been a fantastic debate in which we have heard the personal stories of my hon. Friends the Members for Bradford West (Naz Shah) and for Canterbury (Rosie Duffield)—and how moving were their accounts.

I want briefly to pay tribute to three of my constituents who are experts in this field. The first is Harriet Wistrich, a barrister from the Centre for Women’s Justice, who led the work on the Sally Challen case. I am sure that my hon. Friend the Member for Bradford West will appreciate the work that Harriet has done in driving forward legal change so that other women who have been forced into a situation in which they have killed their husbands or partners receive a fair trial and access to the law.

The second person I briefly wish to mention is the outgoing chief executive of Solace Women’s Aid, Mary Mason, a constituent of mine and an expert in her field. Her life has been dedicated to improving the situation for women, and I am sure everyone in this House would like to thank her for the years and years she has given to women who have been facing violence.

The final person I wish to mention is a woman who has tragically passed away but who also did an amazing amount of work. I understand that she worked closely with the right hon. Member for Maidenhead (Mrs May) in developing not only the beginnings of this Bill but the Modern Slavery Act 2015. I refer to Denise Marshall, who tragically passed away due to cancer a couple of years ago but who did an incredible amount for Eaves, a fantastic charity that works closely with government to promote better services for women.

Each of us will have a domestic violence charity or statutory sector service in our constituency, and mine is Hearthstone. What is wonderful about it is that it is based in the local authority but it has its hands on the allocation of housing. Before, when best practice was considered to be in the voluntary sector or civic society, it could be an advocate, but being based within the council allows Hearthstone to keep a close eye on allocations. It is therefore in a great position to assist women who are escaping domestic violence.

I wish to make two quick points that we have to consider when we finalise the Bill. The first relates to women and families who have no recourse to public funds and the second relates to women on different spousal visas. A number of Members have mentioned that today, and I want to mention it so that we can be assured that it is looked at once again before Third Reading. I would be grateful if the Minister clarified what view she is taking on different immigration arrangements, as there are women who are trapped in violent relationships because of their spousal visa arrangements. We desperately need that element of the Bill to be sharpened up before it goes to Third Reading.

[Matt Western]

My hon. Friend is making some extremely important points. Does she agree that there are two issues here? The first is about access to accommodation, particularly for women who have been in refuges. There is a lack of capacity in council house provision, so authorities are struggling to place women out of refuges and those women are then spending considerably longer than expected in refuges. The second issue is the lack of provision within local police forces of specialist officers who can deal with victims of domestic abuse.

[Catherine West]

I thank my hon. Friend for that intervention. The right hon. Member for Maidenhead put it well in her good speech: this is not just about the legislation. We have to have resources, more police and more services at local level. We can have the best legislation in the world, but if we cannot enforce and we cannot prevent, what is the point of our sitting here and having beautiful legislation?

Prisons and Probation

Catherine West Excerpts

Tuesday 14th May 2019 Commons Chamber

[Richard Burgon]

He has, but under different circumstances. The key point is that the 10 prisons were cherry-picked and were not the 10 worst. If we are to turn this justice crisis around, we need a serious, measured, objective approach based on the evidence, not on chasing headlines for political promotion.

[Catherine West (Hornsey and Wood Green) (Lab)]

Does my hon. Friend agree that the statistic that there are 47% more violent incidents in private prisons than in those in the public estate, revealed in The Guardian yesterday, is truly shocking? We hope to hear more from Government Members about how they are going to tackle that dreadful new finding.

--- Later in debate ---

[Mr Gauke]

HMPPS did have concerns about how Birmingham was operating and the way it was working, and HMPPS was working closely with G4S to try to address this. It became clear, when the inspection was undertaken, that we were required to go further and that the level of intervention we had previously put in was insufficient. That is why we took the steps we did. We stepped in, putting one of our best prison service governors in charge, alongside a strong senior management team and 30 additional experienced staff. I would like to thank all of them for their hard work since we took that decision to turn around a complex and challenging establishment.

[Catherine West]

Will the Secretary of State admit that this is not just about one prison and that yesterday’s figures in The Guardian showing 47% more incidents of violence in the private estate than in the public point to something greater than one, one-off prison?

[Mr Gauke]

When looking at prisons, it is important to compare like with like. Our prison estate contains a range of prisons doing different tasks, with different cohorts of prisoners, which creates different challenges. It is right that we look beyond just one prison, as the hon. Lady rightly says, and that we look beyond HMP Birmingham, where we see that the position is much more complex. The House should not just take my word for it: the chief inspector of prisons has highlighted many examples of excellent performance by private prisons in his inspection reports. For example, let us take HMP Altcourse, which is run by G4S. Its latest inspection highlighted how

“violence and self-harm were decreasing year on year”,

and said: “Purposeful activity was excellent”. It is worth pointing out that HMP Altcourse is not far from HMP Liverpool. They are in the same city and have the same type of prisoner, but we have had significant difficulties with HMP Liverpool. We hope and believe that it is on the mend, but it was none the less one of our most troubling prisons.

The House could also consider young offenders institutions. At Parc, which is also run by G4S, the inspectorate found that

“the establishment was characterised by good relationships, excellent multidisciplinary work and strong leadership.”

We can also look at HMP Bronzefield, which is run by Sodexo. It was described by HMIP as

“an excellent institution where outcomes for the prisoners held were reasonably good or better against all our tests of a healthy prison.”

If we put ideology to one side, we see it is a fact that privately managed prison providers achieve the majority of their targets, and their performance is closely monitored by the robust contract management processes that HMPPS has in place. Privately managed prisons have also pioneered the use of modern technology to improve the running of establishments and help to promote rehabilitation, including through the development of in-cell telephony to help prisoners to maintain ties with their families; opportunities for interactive story-time activities between prisoners and their children; and the introduction of electronic kiosks, which allow prisoners to have greater control over managing their day-to-day lives.

The public sector is only now catching up, and we are now investing in 50 prisons so that they can have in-cell phones, but private prisons got there first. Instead of ideological arguments about who provides the service, we should focus on what works to reduce reoffending and keep the public safe.

Draft Criminal Injuries Compensation Scheme 2012 (Amendment) Instrument 2019

Catherine West Excerpts

Tuesday 14th May 2019 General Committees

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

I beg to move,

That the Committee has considered the draft Criminal Injuries Compensation Scheme 2012 (Amendment) Instrument 2019.

The purpose of the amended scheme is to remove what we consider to be a discriminatory eligibility rule, and to provide a potential remedy to some victims of violent crime who have been affected by its application. It is right that we are seeking to make these changes expeditiously. I am grateful for the strong support on both sides of the House for what we seek to do, in particular from the shadow Minister. I am sure she will wish to shade into broader issues in her remarks.

Our knowledge and understanding of domestic violence and sexual abuse of children is far greater today than it was when the rule was introduced. It is not acceptable that a rule originally intended to stop perpetrators from benefiting financially from causing harm to people they lived with has unfairly denied victims acknowledgment of that harm and access to compensation for their injuries. All cases of sexual and physical abuse by a family member in the family home involve a grave abuse of trust, but the rule has operated in a way that has denied eligibility for compensation on the basis of victims being in a situation over which they had no or limited control and could not necessarily change.

The circumstances that have given rise to the need for this instrument are exceptional. It is fitting that Parliament is breaking new ground in meeting that need. For the first time, Parliament is invited to approve an amendment to part of the existing statutory scheme. Hon. Members will be aware that we have committed to bring forward a consultation later this year on the overall scheme, offering them and others the opportunity to comment more widely.

A commitment to abolish the pre-1979 “same roof” rule was announced in the “Victims Strategy” published on 10 September 2018. Today, with cross-party support I hope, we deliver on that commitment. Under the rule, applicants were not entitled to compensation if they lived with their assailant as members of the same family at the time of the incident. The rule applied to cases between 1964 and 1979, and affected victims who were adults or children at the time of the incident and claims for injuries from physical or sexual assault.

The amended scheme strikes out paragraph 19 of the 2012 scheme. That will enable victims of violent crimes who may not have applied due to the rule, or those who may not have been aware of the scheme, to consider applying. However, we have gone further in recognition of the unfairness attached to the application of the rule for more than 50 years. We have made provision in new paragraph 18A for past claimants who were refused on the grounds covered by the rule to make new applications.

We have also taken steps to avoid creating a new potentially discriminatory position whereby claimants who were adults at the time of one incident are treated more favourably if the incident happened before 1 October 1979. We have extended the post-1979 “same roof” rule of paragraph 20 of the 2012 scheme to a start date of 1964, to provide consistency in how the rule applies to all applicants who were adults at the time of an incident. The rule will be considered in the comprehensive review of the scheme that we announced in the “Victims Strategy” and to which I just referred. A public consultation on potential reforms to that overall scheme will take place later this year.

Requirements, eligibility rules, criteria and values of awards have changed over time. Members will recognise the importance of a fair and proportionate approach for all applicants, whether they are making a new first application or are reapplying following a past refusal on the grounds of the pre-1979 “same roof” rule. We have sought to enable as many of those victims affected by the rule as possible to consider and take up the opportunity to apply.

As I mentioned, this is the first time we are making changes to parts of an existing scheme and, uniquely, we are applying changes to past applicants. The complexity, therefore, of assessing applications made so long ago will be significant. Administratively, it will be challenging for the Criminal Injuries Compensation Authority to assess and determine claims to the non-statutory or statutory scheme that was applied to previously, or to which a victim could have applied at the time had the rule not existed. We have addressed that by providing that new first applications or reapplications following a past refusal under the pre-1979 “same roof” rule should be made to the 2012 scheme—the existing scheme—and amending the scheme to that effect. We believe that that ensures equality of opportunity.

We have set a time limit for new applicants and past applicants who are reapplying that we believe is fair and consistent. They must submit their claim within two years, as applies to current claims under the scheme, beginning from the date on which the amended scheme comes into effect. We have retained the discretion in the 2012 scheme to extend the time limit where, owing to exceptional circumstances, an application could not be made within that timescale, thereby again ensuring consistency.

Placing a time limit on applications will help us to manage the significant financial liability potentially attached to the changes and to forecast the financial repercussions more effectively. However, where a victim meets all the relevant eligibility criteria under the amended scheme, an award will be made. I recognise that there may be challenges in meeting the evidential threshold required for a compensation award, and it is right to state that a successful outcome to a claim cannot be guaranteed, as they will all be considered appropriately in line with the scheme’s rules.

The changes to the scheme are designed to level the playing field for applicants to the amended scheme. All eligibility criteria in the 2012 scheme must be met. Cases will be assessed on their merits, and the authority will make appropriate inquiries with the applicant and relevant authorities as sensitively and as quickly as possible. All the circumstances of the claim must be considered as a whole to determine whether there is sufficient evidence on the balance of probabilities to support it.

The safeguards in the 2012 scheme will apply to decisions of the authority on an application. They include review by another officer in the authority and, if the applicant remains dissatisfied, the right of appeal to the first-tier tribunal. We intend to monitor carefully the operation of the amendments once they are implemented. It is important that we assess the impact of the changes in meeting our intention to offer an opportunity for redress for the unfairness under the existing 1979 “same roof” rule. We recognise that there is a challenge in raising awareness of the scheme—a point that appertains to the two-year time limit, which is the same limit as applies for other applications under the scheme—and we are looking at that more generally in our review of the scheme.

Given that her term comes to an end imminently, I wish to put on record my gratitude to Baroness Newlove, the Victims’ Commissioner, not only for her work in that role but specifically for her review into criminal injuries compensation. She has been a tireless advocate for the rights of victims of crime and for their voice to be heard. It has been a great pleasure and privilege to work with her in the role for the past 11 months. I am sure that all Members wish to put that on the record. I look forward to working with her successor, Dame Vera Baird, who will be known to many in this House. She will be an equally passionate advocate for the rights of victims.

In relation to the changes that we are introducing, work has begun to engage with external stakeholders on how to ensure that potential applicants are signposted to guidance and support in making a claim. We recognise that making claims to the amended scheme may prove difficult for some applicants, and the authority has made specific preparations to implement it. A small dedicated team has been set up, ready to support people making applications by phone or online.

[Catherine West (Hornsey and Wood Green) (Lab)]

I simply wish to commend the choice of Vera Baird as the champion. She has done excellent work over many years, particularly on violence against women, both in a legal capacity and in the community.

[Edward Argar]

I am grateful to the hon. Lady for her words. We were clear that we wanted the best person for the job. This is not about party politics or anything else. We wanted someone who would do an excellent job and, crucially, carry with them the trust of stakeholders, be they victims or organisations. It is fair to say that Dame Vera has that in spades.

Applicants will be given a named contact to assist them through the application process. The amended scheme and the Government’s intent are clear. The changes we are making are necessary, fair, reasonable and, I would argue, urgent. I commend the amended scheme to the Committee.