Criminal Injuries Compensation Scheme

Debate between Crispin Blunt and Baroness Clark of Kilwinning

Wednesday 7th November 2012 Commons Chamber

[Katy Clark (North Ayrshire and Arran) (Lab)]

It is interesting to follow the hon. Member for Enfield, Southgate (Mr Burrowes), because it is clear that he does have an understanding of the historical background of the scheme. However, yet again, he has chosen to conflate the figures for the Criminal Injuries Compensation Authority, which was introduced in 1998, with the Criminal Injuries Compensation Board, the previous scheme, which was introduced by previous Governments. I attended both delegated legislation Committees on this matter, and I am here today. I have listened carefully to the financial arguments that have been put forward by those representing the Government.

It is clear that the finances of the Criminal Injuries Compensation Authority are stable—it costs just under £200 million a year. In trying to justify the proposed change—the draft scheme has still not been put before all MPs—Government Members have used historical figures from the Criminal Injuries Compensation Board, which ran the previous scheme. However, the CICB awarded far higher levels of compensation because it calculated compensation in a similar manner to civil cases. Instead of the tariff system used by the CICA, it attempted to work out the losses to the victim.

[Mr Blunt]

Whatever merit there is in the hon. Lady’s argument—I do not accept it, because I would run the two schemes together to assess the MOJ budget—she has to suggest where the money should come from if she wants to continue the scheme in the way she proposes and pay off the backlog in the previous scheme.

[Katy Clark]

I would suggest introducing progressive taxation, but perhaps we can have that debate on another occasion. We have this valuable opportunity to debate the changes that the Government have been trying to sneak through, and I will not be pushed in another direction, because we need proper scrutiny.

A number of CICB cases have been dealt with recently, which has led to additional funds being paid out, as the former Minister, the hon. Member for Reigate (Mr Blunt), is well aware. The reason for that is partly the policy under the criminal injuries compensation scheme to delay payment in many types of cases, particularly those relating to children, such as shaken-baby cases, and other cases in which people have suffered injury. The authority’s policy is to wait and see how the person recovers and what the long-term implications of the damage are.

Oral Answers to Questions

Debate between Crispin Blunt and Baroness Clark of Kilwinning

Tuesday 8th November 2011 Commons Chamber

[Katy Clark (North Ayrshire and Arran) (Lab)]

17. What assessment he has made of the level of support available to families of people who have been victims of corporate manslaughter; and if he will make a statement.

[The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)]

In England and Wales, victims of corporate manslaughter are eligible to receive the same support as victims of homicide from the national homicide service, which provides tailored and intensive one-to-one support to bereaved families for as long as they need it. Support for victims of crime in Scotland is a devolved matter.

[Katy Clark]

I am very grateful to the Minister for that answer. My constituents Dorothy and Douglas Wright recently received an apology from the Director of Public Prosecutions following the failure to take corporate manslaughter action when their son Mark died. They did not get access to such a service, and their experience is that families of those who die in such circumstances do not get such access. Will the Minister consider that issue?

[Mr Blunt]

Of course, this is a devolved matter for the hon. Lady’s constituents in Scotland, but I am quite happy to consider the development of the whole doctrine of corporate manslaughter. It is very important that the families of those who may be corporate manslaughter victims receive the necessary support, even if a prosecution cannot be successfully secured. That means that Victim Support needs to be notified that there is a requirement of support, which is sometimes not completely clear when someone dies in circumstances that might or might not lead to an investigation or successful prosecution for corporate manslaughter. However, I am very happy to consider the matter.

Oral Answers to Questions

Debate between Crispin Blunt and Baroness Clark of Kilwinning

Tuesday 23rd November 2010 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)]

We want to help people who have suffered trauma as a result of a miscarriage of justice to access support that ought already to be available, for instance through the national health service. We will work with the Department of Health, other Departments and the voluntary sector to that end.

[Katy Clark]

I thank the Minister for that answer. I recently met the Miscarriages of Justice Organisation, as constituents of mine have been affected by having been wrongly imprisoned for lengthy periods. I understand that under the previous Government, the Justice Ministry was looking at how better to provide support services to such people. Is that work still going on, and will the Minister be willing to meet me and other Members with constituents who have been similarly affected, because we are not dealing with this issue well enough at present?

[Mr Blunt]

I am afraid that we have concluded that, due to the extremely challenging financial climate, it no longer makes sense to go ahead with the work started by the last Government on identifying the unmet medical needs of those who have suffered a miscarriage of justice because there are not going to be additional funds to meet those needs.