Victims and Courts Bill Debate

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Department: Ministry of Justice
Alex Davies-Jones Portrait Alex Davies-Jones
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It is truly an honour to open this debate and to bring the Victims and Courts Bill before the House. This Bill is about people—victims who have suffered unimaginable trauma and their families—and ensuring that they receive justice. It is about restoring faith in a justice system that can often feel cold and confusing, and it delivers on this Government’s driving mission for safer streets, making sure that victims are supported, that offenders are held to account, and that justice is delivered swiftly and fairly.

The deep-rooted issues in our criminal justice system need no repeating here. The House knows that the system requires large-scale reform after years of neglect. There is a long road ahead, but this Bill takes an important step forward. At its core are victims’ experiences. This Government are bringing forward real, tangible measures to ensure that victims’ voices are heard, their needs are recognised, and their rights are respected. The Bill will strengthen our courts, improving efficiency and fairness across the system. These are much-needed changes, and I am deeply grateful to hon. and right hon. Members from all parts of the House for their time and their insight in considering the measures, and to all the organisations, advocates and survivors who have shared their experiences and helped us shape this legislation.

I am sure that the House will therefore join me in paying tribute to the families of Jan Mustafa, Olivia Pratt-Korbel, Zara Aleena and Sabina Nessa, and I welcome to this place Ayse Hussein, Cheryl Korbel and Antonia Elverson, who are in the Public Gallery today. I also thank Jebina Islam, Farah Naz, the Justice for Victims group—which includes Susan and Jeremy Everard, Glenn and Becky Youens, Katie Brett, Paula Hudgell and Ayse Hussein—and the Bethan family for their courage and strength in campaigning amid immense grief for their loved ones.

Three Government amendments on Report will further strengthen the Bill, delivering clearer, stronger protection for victims, and I will turn to them briefly now. I again thank all those who have worked so constructively with me and officials in the Ministry of Justice to discuss their issues and concerns.

New clause 14 and amendments 12 to 21 restrict the exercise of parental responsibility for perpetrators of rape, where their crime has resulted in the birth of a child. These amendments will protect children, but will also help shield the victim from their perpetrator interfering in their lives, because those who commit this horrific crime should clearly never be able to use parental rights to control or torment their victim. I take a moment to pay tribute to a woman who I am proud to call my colleague and even prouder to call my friend. Many in this House will already have deep admiration for my hon. Friend the Member for Bolsover (Natalie Fleet), and I place on record that this change is hers. It is for her, her children and those just like them up and down the country—the people to whom she has dedicated her life to fighting tirelessly for.

Chris Vince Portrait Chris Vince (Harlow) (Lab/Co-op)
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I add my personal admiration for my hon. Friend the Member for Bolsover (Natalie Fleet), who has been a fantastic champion for this new clause. Her predecessor in the House was called the beast of Bolsover, but I think she is the brave of Bolsover, because every time she speaks in this House she is incredibly brave, and I pay tribute to her.

Alex Davies-Jones Portrait Alex Davies-Jones
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I echo those sentiments entirely It has genuinely been my privilege to hear her story, and to work with her to ensure that this measure stops rapists taking an active role in a child’s life when that child was conceived as a result of rape. I cannot imagine the enormous complexity that mothers such as her face in this situation, and I am in awe of her bravery and that of so many others. This measure will ensure that rapists cannot take active steps in a child’s life when that child has been conceived as a result of the crime for which they have been convicted.

In order to protect as many children as possible, our measure features a two-track process. When the Crown court is satisfied that a child was conceived as a result of rape, it must make a prohibited steps order restricting the offender’s parental responsibility, unless it is not in the interests of justice to do so. We recognise that rape can occur within an abusive relationship, and that this may make it difficult to prove at a criminal trial that it led to the child’s conception. When that is the case, but the court considers that the rape may have led to the conception of the child, it will refer the matter to the family court via the local authority. This two-track process sends a clear message that we will protect all children born of rape, no matter what the circumstances.

The Government recognise the clear risk that serious child sex offenders pose to their children, which is why we tabled amendment 10, which will expand clause 3 of the Bill. It means that when someone is sentenced to four or more years for serious child sexual abuse, against any child, the courts will automatically restrict their parental responsibility. The process will remain the same: at the point when an offender is sentenced, the Crown court will be required to make a prohibited steps order restricting the offender’s exercise of parental responsibility for all children for whom they hold it. For offenders to be in scope of the amendment, they will have demonstrated that they are unable to protect children and to consider their welfare. That is why it includes all serious child sexual abuse offences against all children. Unlike the last Government’s plans in the Criminal Justice Bill, this proposal is not limited to offences of child rape. What is more, unlike the last Government, this Government will actually deliver on it. We are taking this important step today to protect even more children by preventing these individuals from taking active steps in their children’s lives.

We have recognised the strength of feeling on this issue, and I am grateful to Members—especially my hon. Friend the Member for Bolsover, whom I have already mentioned, but also my hon. Friend the Member for Lowestoft (Jess Asato), the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), and Baroness Harman. They have been unwavering in their advocacy for the protection of children. Safeguarding children is of the utmost importance to this Government, and amendment 10 ensures that we are doing just that.