Victims and Courts Bill Debate

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Department: Ministry of Justice

Victims and Courts Bill

Josh Fenton-Glynn Excerpts
2nd reading
Tuesday 20th May 2025

(5 months, 1 week ago)

Commons Chamber
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Alex Davies-Jones Portrait The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
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It is a true privilege to deliver the closing speech on Second Reading of the Victims and Courts Bill. I would like to start by paying tribute to the families of Olivia Pratt-Korbel, Jan Mustafa, Zara Aleena and Sabina Nessa, most of whom have been in the Gallery and whom I have had the privilege of getting to know over the past few months. As today’s debate has shown, the House agrees that justice is not optional. Criminals should never be allowed to hide away from it. I am grateful to all of the families for their tireless campaigning to bring forward measures on sentencing hearings. The changes are an important step forward for victims and a testament to their courage.

I pay tribute to my hon. Friend the Member for Knowsley (Anneliese Midgley) for her very powerful words today. They were not just her words but the words of Cheryl Korbel, whose words will stay with me forever and whose words should have been heard by her daughter’s killer. This Bill is a legacy for Olivia and for all those who have been failed by the justice system.

As the Lord Chancellor has already outlined, this Bill has victims’ experience at its core. As the Victims Minister, it is an honour to meet victims and survivors every single day in this role. This Bill has been created with them at its heart. I echo the tribute from the shadow Secretary of State, the right hon. Member for Newark (Robert Jenrick) to the Justice for Victims campaigners, who I have also had the privilege of meeting. Becky and Glenn Youens, Susan and Jeremy Everard, Katie Brett—whose story we have also powerfully heard from the shadow Minister, the hon. Member for Bexhill and Battle (Dr Mullan)—Paula Hudgell and Ayse Hussein, who is with us today, have all helped to change the law, and we owe them all a huge debt of thanks for that.

This Bill will make the justice system more efficient—it is a system, and it all needs to work for it to operate effectively—so that victims can begin to move on with their lives faster. I sincerely thank Members from all parties for the thoughtful, powerful, sometimes emotional, but mostly constructive way in which they have contributed to the debate today. Support and justice for victims should never be political. I stand here willing to work with anyone of any stripe and of any colour to make sure that we bring forward the strongest package available for victims.

The issues and the inheritance of our justice system have long been discussed in this place. It is well known to Members what a state our justice system was in when we came into office just 10 months ago, but this Government have begun to rebuild its foundations. This Bill will be just the beginning, not the end of our reform programme for victims. We have the independent review of our criminal courts, led by Sir Brian Leveson. That will lead to a more effective and efficient criminal courts system, improving timeliness for victims, witnesses and defendants without jeopardising the requirement for a fair trial for all involved. We await the imminent outcome of David Gauke’s review into sentencing, which will address a number of the issues that Members have raised today.

Turning to some of the issues raised, I will respond first to my friend, the hon. Member for Eastbourne (Josh Babarinde), the Liberal Democrat spokesperson. I am proud to work with him for victims in this place. He has always been constructive and is always seeking to do what is right. Although I cannot give him the commitment today, I am meeting him tomorrow morning, and we will hopefully have imminent news for him on a lot of the work we have been doing together. I also thank his fellow Liberal Democrat, the hon. Member for Richmond Park (Sarah Olney) for all her work on court transcripts and specifically the pilot for sentencing remarks transcripts in cases of rape and serious sexual offences. Having spoken to victims and survivors, I know how vital that is for them. The pilot is due to end next week and we will soon be publishing our response and how we intend to take that forward. I look forward to speaking with her further on that soon.

Many Members spoke about the parental responsibility measures. I stress that the Government have heard the strength of feeling on this issue. Our focus must be on automatically restricting parental responsibility for offenders who have committed serious child sexual abuse offences—the most heinous crimes in society. We are taking that step today in this Bill for those who have committed these offences against a child for whom they personally hold parental responsibility, because we need to protect those in direct harm. I stress and echo the words of the Secretary of State that this is a novel and untested change in the law. The response from perpetrators is unpredictable, so we have chosen to focus first on cases of highest harm, because we do not want unintended consequences and we need to prioritise all vulnerable children who are going through the family courts. However, this is the beginning, as we have said, and we look forward to working constructively across the House on this measure.

Josh Fenton-Glynn Portrait Josh Fenton-Glynn (Calder Valley) (Lab)
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I know that my hon. Friend cares deeply about this issue. In the course of the passage of the Bill, will the Government look at amendments that could see the family courts end the presumption of contact and ensure we end this cycle of abuse?

Alex Davies-Jones Portrait Alex Davies-Jones
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My hon. Friend is a champion for the cause of protecting children going through the family courts, as is my hon. Friend the Member for Penistone and Stocksbridge (Dr Tidball), whose contribution today was equally powerful. Meeting her constituent Claire Throssell, and hearing the story of Jack and Paul, will stick with me forever. I think about that on a daily basis.

The Government are committed to ensuring that the family justice system delivers the right outcomes for survivors of domestic abuse and their children. We have heard loud and clear concerns in the Chamber and from outside on the need to go further. A child’s welfare must always be the family court’s paramount consideration when making decisions about that child’s life. The Ministry of Justice has undertaken a review on presumption of parental involvement, and its findings, along with any recommendations, will be published shortly. I look forward to working with hon. Members across the House, including my hon. Friends, on that soon.

Right hon. and hon. Members across the House made many comments about the unduly lenient sentencing scheme, welcoming measures in the Bill about extending the time limit for the Attorney General to look effectively at cases so that justice can be served. As they will know, the Law Commission is undertaking a review into the scheme as a whole, and I—and I am sure the Law Commission—would welcome their feedback on that. We will look closely at the findings of that review to ensure that any recommendations are carried out effectively.

Victims and Courts Bill Debate

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Department: Ministry of Justice

Victims and Courts Bill

Josh Fenton-Glynn Excerpts
Sarah Champion Portrait Sarah Champion (Rotherham) (Lab)
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I rise to speak to new clause 1 in my name. It would ensure the implementation of recommendation 18 from the independent inquiry into child sexual abuse. Survivors of child sexual abuse have been let down for years by a national compensation scheme. Too often their applications are delayed or denied, not because the legitimacy of their abuse is in any question, but because of loopholes set by the very organisation that was established to support them: the Criminal Injuries Compensation Authority.

The many limitations of the scheme were considered during IICSA, which resulted in a clear recommendation to remove the unfair barriers set by CICA, but in April Ministers rejected that recommendation. My new clause 1 would overturn that decision. It has commanded the support of 27 Members from across the House and the backing of 29 charities and experts. They include the Marie Collins Foundation and the Association of Personal Injury Lawyers, which have campaigned passionately on this issue. In opening, the Minister said that she wants a universal scheme without hierarchy, but unfortunately that is not the case at the moment.

My amendment would widen the eligibility of the scheme to include those who have been victims of online-facilitated child sexual abuse. The recent Casey audit found that 40% of the 100,000 recorded child sexual abuse offences last year took place online, so that is around 40,000 children who will struggle to access compensation because their abuse is not considered by CICA “violent” enough to qualify. As IICSA rightly concluded, that rule

“does not take account of the extent of the harm and damage”

of online abuse, such as the ongoing fear that images of sexual abuse will remain available online indefinitely. By continuing to leave online abuse out of scope, CICA reinforces the risk that online sexual abuse is perceived somehow as less serious or less deserving of redress, but nothing could be further from the truth.

New clause 1 also seeks to increase the time limit for applications so that survivors have seven years from the date the offence was reported to the police, or from the age of 18 if the offence was reported while they were a child. The scheme currently has just a two-year time limit, but the average time it takes for a survivor of child abuse to come forward is 24 years to 27 years. There are many reasons for that, and we have heard some in the Chamber today: trauma, fear and shame, not to mention the length of time to go through the court process. The Minister knows this, which is why she and the other Justice Ministers rightly abolished the three-year time limit for civil claims by survivors of child sexual abuse, in line with IICSA recommendation 15.

However, the decision means that survivors face a strange paradox: no time limit for them to take legal action against their abusers, but tight restrictions if they wish to seek compensation for that same abuse. The Government have argued that there is discretion in the scheme to allow applications after the time limit has expired. That is indeed true. However, the proportion of resolved cases accepted after the time limit has fallen each year between 2020 and 2024. In 2020, 87.3% of applications received outside the time limit were resolved. By 2024, that was down to 66.9%. By contrast, the compensation model in Quebec allows seven years for all types of crime except for domestic abuse, child sexual abuse and sexual violence, which have no time limit at all. Surely that is the model we should be following.

Finally, new clause 1 would prevent survivors of child abuse from being affected by a rule that blocks or reduces compensation for victims with unspent convictions. APIL shared with me the case of a woman who was sexually abused by her father. She had suffered with her mental health as a consequence and was hospitalised. While in hospital, she threatened to kill herself with a letter opener. The hospital called the police, and she was convicted of possessing a knife. Because of that conviction, she was then refused the compensation by CICA that had been originally offered to her. That is why new clause 1 would ensure applicants with unspent convictions are not automatically excluded where offences are linked to circumstances of their sexual abuse as a child.

Anti-slavery charities have also been in touch to explain how this particular rule impacts on victims of trafficking who try to access the compensation scheme. It is not unusual for victims of slavery or, indeed, child or criminal exploitation to be forced into criminality by their exploiters. Those convictions, however, commonly lead to immense difficulty for those victims to then access compensation—something that victims of modern slavery, for example, ought to be entitled to under article 15 of the European convention on action against trafficking.

The criminal injuries compensation scheme is supposed to be a support scheme of last resort. Sadly, for many survivors, it is not even that. In the long term, CICA needs a complete overhaul. In the short term, however, survivors are keen to see the swift implementation of recommendation 18, because in doing so this House and this Government can send a powerful message that their abuse is recognised, that their future is prioritised and that meaningful change is under way.

Josh Fenton-Glynn Portrait Josh Fenton-Glynn (Calder Valley) (Lab)
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I want to speak in support of new clauses 10 and 11, which would place a duty on authorities to guarantee support for victims of domestic abuse, sexual violence and child criminal exploitation, as well as their care-givers. I am proud to support a Government who are committed to halving violence against women and girls and who just last week announced some of the most significant steps towards supporting victims of abuse, including denying rapists access to children born of rape and an end to the presumption of contact in the family courts—not just words but action. I support calls for meaningful action today.

Victims are not only dealing with the trauma of what has happened to them. For many, the thought of the court case risks retraumatizing them. Given the backlog in our courts—a backlog left by previous Governments—victims are waiting months and sometimes years before cases are heard. That wait takes a huge emotional toll. We have to address the fear of the process if we are to meet our target of halving violence against women and girls. We have to support victims throughout the process. I urge the Government to build a system that gives victims the confidence to come forward knowing that they will not be left to cope alone.