Victims and Prisoners Bill

Lord Bellamy Excerpts

Report stage
Tuesday 30th April 2024 Lords Chamber

[Baroness Thornton (Lab)]

My Lords, I am only going to congratulate the noble Baroness, Lady Morgan. I think she has shown huge patience and persistence. I am not surprised, because my honourable friend Stella Creasy has those qualities too. As the noble Baroness, Lady Brinton, said, should the Minister not satisfy the noble Baroness, Lady Morgan, we on these Benches are ready to support her in a Division.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)]

My Lords, I do not think that any message could have been conveyed more loudly and more convincingly than the one I have just received. I thank my noble friend Lady Morgan for this amendment and thank the other speakers on this topic.

As your Lordships have heard, the amendment seeks to revise current data protection legislation so that victims of malicious complaints involving third parties can prevent the processing—and subsequently request the deletion—of personal data from that complaint. The issue has been raised previously in the other place and discussed in your Lordships’ House in Committee. As my noble friend Lady Morgan has just said, the Government indeed recognise that complaints of this kind can be used to perpetuate harassment and that victims should be better supported.

In addition, as my noble friend also pointed out, we have to strike a balance between the processes for erasure and removal of all traces of such complaints and harassment on the one hand and the need to have regard to safeguarding concerns on the other. The issue is how we strike the balance. The Government’s present view is that the amendment as drafted is not one that we can accept because it is too wide and poses some operational and safeguarding issues. However, we have heard the concerns and, although we cannot accept the amendment today, I commit the Government to bringing forward an amendment at Third Reading to address these concerns.

To explain a little, if I may, we have to triangulate several different aspects: the nature of the harassment concerned, the provisions and procedures of the GDPR, the child safeguarding issues that are the concern of the Department for Education, the different procedures for various criminal and civil orders, the relevant police procedures and a number of other considerations, so it is not entirely straightforward. However, although it is not ideal to bring forward an amendment at Third Reading, this is a complex area and we should take the time to find an appropriate solution.

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Moved by

[Lord Bellamy]

97: Clause 27, page 28, line 36, leave out paragraph (a)
Member’s explanatory statement
This amendment is consequential on my amendment of Clause 5, page 4, line 27 and Clause 18, page 17, line 17.

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[Lord Ponsonby of Shulbrede (Lab)]

My Lords, this group of amendments is concerned with the scope and role of the independent advocate. I open by paying tribute to the work that my noble friend Lord Wills has done on this role for many years now through a number of Private Members’ Bills. If he chooses to test the opinion of the House on his Amendment 119AA, we will support it.

I shall speak briefly to the amendments in my name in this group. Amendment 104 would enable the Secretary of State to designate incidents causing serious harm or death to a small number of individuals as major incidents where there was a significant public interest in doing so. The noble Lord, Lord Marks, gave the example of Fishmongers’ Hall, where there were few fatalities but nevertheless it was a serious incident that had a national impact. The noble Lord and I will listen with interest to the Government’s response to Amendment 104.

Amendment 107 would require the standing advocate to communicate the views of the victims of a major incident to the Secretary of State. Amendment 109 would require the Secretary of State to consider the views of victims of a major incident on whether to appoint an additional advocate and who to appoint. Amendment 110 would place a requirement on the Secretary of State to consider the views of the victims of a major incident before terminating the appointment of an advocate appointed in relation to that major incident.

Amendment 111 would require the Secretary of State to make guidance under Clause 38 publicly available. Amendment 112 would require the Secretary of State to consult the standing advocate before issuing, revising or withdrawing guidance in relation to matters to which advocates appointed in respect of major incidents must have regard. I look forward to the Minister’s response to all those amendments, none of which I intend to press—they are essentially probing amendments.

I shall comment briefly on the amendment of the noble and learned Lord, Lord Thomas, about the situation in Wales. I listened with interest to what the noble and learned Lord, Lord Hope, said on the matter. I am not a lawyer, as I have said many times in this House, but the word used in the amendment is “concurrence”, not “consent”. I do not know whether that is a substantial difference but the whole of that mini-debate referred to the word “consent”, not the word used in the amendment. Nevertheless, the noble and learned Lord made an interesting and substantial point, and I look forward to the Minister’s response.

In conclusion, if my noble friend chooses to press Amendment 119AA, we will support him.

[Lord Bellamy (Con)]

My Lords, first I shall speak to the amendments tabled in my name, on behalf of the Government, which address the last point made by the noble Lord, Lord Ponsonby, about the relationship between the Secretary of State and the Welsh Government. Government Amendments 103A and 109A will require the Secretary of State to consult Welsh Ministers before declaring a major incident that occurs in Wales and before appointing an advocate in respect of that incident. I am aware that the noble Baroness, Lady Finlay of Llandaff, has tabled Amendment 109B, and the noble and learned Lord, Lord Thomas of Cwmgiedd, and other noble Lords have supported it.

The scheme here is being administered and funded by the UK Government. The Government’s position is therefore that the right level of involvement for Welsh Ministers is to be consulted by the Secretary of State before decisions are made, rather than requiring consent or concurrence, as Amendment 109B suggests. The Government believe it would not be proportionate for the UK Government to require the consent of Welsh Ministers, thereby in effect giving them a veto over those decisions. The Government must be able to act quickly following a disaster. I believe these amendments prioritise both speed and operability while respecting aspects of this policy that cover devolved areas.

For the avoidance of doubt, I add that, as far as the Ministry of Justice is concerned, we have perfectly good relations with the Counsel General for Wales, and we are in regular touch with Welsh Ministers on matters of mutual interest. For myself, I do not anticipate any difficulties arising from the sensible amendments proposed by the Government. Given that the Government have tabled these amendments, and having regard to the points I have just outlined, I hope the noble Baroness will not press her amendment. I shall be moving the amendments in my name in this regard.

Government Amendment 110A is a technical amendment, clarifying the grounds on which the Secretary of State may omit from reports material that, in the Secretary of State’s view, would prejudice an investigation, inquest or inquiry. This is an important amendment to ensure that materials relating to national security or those that might prejudice a subsequent investigation or criminal trial, for example, are protected. In the Government’s view, the amendments preserve the necessary balance between protecting that integrity and giving reassurance that the independent public advocate’s reports will not be unduly affected. It is a sensible precaution to take.

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[Baroness Sanderson of Welton (Con)]

My Lords, I thank the Government for the review. My own view is that while I would also like there to be some of the powers mentioned by the noble Lord, Lord Wills, it is a position that will evolve over time. It is really important to have that review and right to recognise where the Government have moved, and I thank them for it.

[Lord Bellamy (Con)]

I thank the noble Baroness for that intervention. That is the Government’s position on Amendments 102 and 105.

Amendment 103, which is in the same group, would impose a duty on the Secretary of State to have regard to the emotional and financial interests of victims when deciding whether to declare a major incident. The Government’s view is that the definition of harm in the Bill already includes emotional harm, as in Clause 28(3). It is unlikely that financial harm would occur in isolation, without the other kinds of harms mentioned in the Bill. Certainly, harm is a major factor when the Secretary of State considers whether to declare a major incident, so the Government’s position is that Amendment 103 is not necessary.

Amendment 106 touches on the close family member point raised by the noble Lord, Lord Wills. The question is how these days you define a close family member. The Government do not believe that the face of the Bill is the appropriate place to address that concern. In modern society, there is effectively no set structure for a family and the Government need flexibility to capture those who need support. In the Government’s view, the approach is best left to guidance and the discretion of the IPA concerned to provide that flexibility. Of course, the input of the noble Lord and others when we draft the guidance on what kind of indications should be given in it will be very valuable, rather than having it set out in advance in the technical structure of the Bill.

We then come to Amendments 107, 109 and 110, tabled by the noble Lord, Lord Ponsonby, and Amendments 106A and 110ZA, tabled by the noble Lord, Lord Wills. These require the appointment of a standing advocate within six months of Royal Assent, the Secretary of State to consider the views of victims and the provision of support so that the independent advocate will have all the support necessary.

As far as the period of six months to appoint is concerned, of course the Government share the noble Lord’s desire for the standing advocate to be in place as soon as possible once the Bill becomes law. But there has to be a fair and open competition for the office. As I hope the noble Lord will appreciate, the Government will want to carry out all relevant due diligence prior to the appointment. That process will take some time. In addition, I can confirm that the standing advocate will be subject to pre-appointment scrutiny by the Justice Select Committee to ensure that the most appropriate candidate is appointed to the post. For those reasons, the Government do not feel that any change to the process is required at this time. In particular, the six-month period would be unduly restricting considering the importance of the decision and the processes that have to be gone through, including parliamentary scrutiny. It would be far too tight.

As far as taking into account the views of victims as part of the appointment-making process is concerned, the Government certainly share this goal. When the functions of the standing advocate come to be undertaken, as outlined in Clause 29, the advocate will advise the Secretary of State on the interests of victims, whether additional advocates are needed and whether to terminate et cetera. The Government are quite satisfied that the views of victims will, in the normal course, be gathered and fully considered on this topic.

It does not seem right to the Government that a formal consultation with the victims would be correct before these steps are taken, because that would have the potential to unduly delay matters. The general scheme of this part of the Bill is that the ground is already covered. There is no reason to suppose that victims will not be fully included in the various decisions that come to be made. The Secretary of State has committed to publishing a policy statement and I will ensure that this covers the factors the Secretary of State will consider when making these decisions. This includes the participation of victims.

As far as secretarial and other support is concerned, the advocates will be supported by a permanent secretariat. The Ministry of Justice has already allocated funding for this. Clause 31 provides an effective system of support for the IPA by making provision for a secretariat and remuneration. Work is already under way to provide for this secretariat and provide for the appropriate separation between the day-to-day functions of the ministry and this independent operation.

That essentially leaves Amendment 119AA, on which it has been indicated that the House’s opinion may be tested. It requires that, “within six months” of a major incident, the Secretary of State must announce whether he intends to establish an inquiry or similar fact-finding review and provide the reasons for his decision to Parliament. If he decides to establish a non-statutory inquiry, the person appointed must be given data-compelling powers.

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Moved by

[Lord Bellamy]

103A: Clause 28, page 29, line 14, at end insert—
“(2A) Before declaring an incident that occurs in Wales to be a major incident, the Secretary of State must consult the Welsh Ministers.”Member's explanatory statement
This amendment would require the Secretary of State to consult the Welsh Ministers before declaring an incident that occurs in Wales to be a major incident.

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Moved by

[Lord Bellamy]

109A: Clause 30, page 30, line 23, at end insert—
“(1A) Before appointing an advocate in respect of a major incident that occurs in Wales, the Secretary of State must consult the Welsh Ministers.”Member's explanatory statement
This amendment would require the Secretary of State to consult the Welsh Ministers before appointing an advocate in respect of a major incident that occurs in Wales.

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Moved by

[Lord Bellamy]

110A: Clause 36, page 34, line 37, at end insert “, or
(g) prejudice—(i) the investigation or prosecution of an offence,(ii) an inquiry under the Inquiries Act 2005,(iii) an inquest under the Coroners and Justice Act 2009, or (iv) any other investigation or inquiry by a person exercising functions of a public nature.”Member's explanatory statement
This amendment would allow the Secretary of State to omit material from a report to be published under Clause 36 where the Secretary of State considers that publication of that material would prejudice certain investigations, inquiries or inquests.

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[Baroness Finlay of Llandaff (CB)]

My Lords, the amendment on the way that bodies are dealt with following a disaster is incredibly important. I remind the House of the “Marchioness” disaster back in 1989; there was an absolute outcry from the relatives about the way that some of those bodies were dealt with. The problem is that their grief is complicated when they hit different barriers and when they feel that the investigation and the post-mortem have been conducted inappropriately, particularly if they feel that things are being withheld from them.

To ensure that we provide support for these relatives, we need to make sure that there is a proper code of conduct and to improve the way that things are dealt with. I therefore think that this is an important probing amendment. I am glad that it is probing, because there are lots of things that could be altered and improved, but this work needs to be done and I hope the Minister will provide us with that assurance.

[Lord Bellamy (Con)]

My Lords, I thank the noble Lord, Lord Ponsonby, for Amendment 118, which extends legal aid to inquests. I completely understand the point that is being made, but the Government’s position is that the effect of the amendment is extremely broad and would give all interested persons the entitlement to free legal support and representation in any inquest, regardless of whether or not it follows a major incident, provided that at least one public authority was also an interested person. So, because of its width, the Government are unable to support the amendment.

In addition, the Government are already considering access to legal aid at inquests following major incidents. That is notably in response to Bishop James’s 2017 Hillsborough report. The MoJ is consulting on expanding free legal aid that is available for bereaved families at inquests following a major incident under this legislation and following terrorist attacks. In the Government’s view, the amendment goes beyond its stated purpose and the Government are already acting to deal with the issue of legal aid at inquests, so I respectfully urge the noble Lord not to press his amendment.

I turn to Amendment 119, a probing amendment. I am sure that everyone was moved by the description of the experience of Jenni Hicks, which was recounted by the noble Lord, Lord Wills. I was very sorry to hear about that experience. We very much appreciate the effect this must have had on Mrs Hicks and other families affected. In the Government’s view, Jenni Hicks and others are entirely right to have raised the issue in this Chamber. It is an issue that requires proper consideration. I know that Operation Resolve itself very much regrets the anguish and distress caused by the incident, and has offered its apologies. The officer in overall command has written to them setting out the actions taken to address their concerns, and last year I think the Policing Minister met with the families affected. The Home Office has been assured that appropriate procedures are now in place.

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[Lord Wills (Lab)]

Can I just clarify this? I think the Minister accepts how serious an incident this was; I think it is accepted that this sort of contempt for the victims and the bereaved is probably pretty widespread, and that something has to be done to make sure it never happens again. Will he confirm that whatever code of conduct emerges from the processes he describes will be given the force of statute?

[Lord Bellamy (Con)]

My Lords, I am not at this moment in a position to give that confirmation at the Dispatch Box. I will give further thought to it, and write to the noble Lord in due course as to whether the Government are in a position to give that assurance. I see the force of the point.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, this has been a short but interesting debate. I acknowledge the points that the Minister made on my Amendment 118, about the existing consultation that the Government are doing and the broadness of the amendment. What was contained in the amendment was an aspiration, I suppose.

My noble friend spoke to Amendment 119 and gave the very moving example of Jenni Hicks. The noble Baroness, Lady Finlay, also reminded us of the “Marchioness” disaster in 1989. Here again, the Minister said that the independent pathology review will look at processes. We look forward to what may come out of that, and to the Minister’s answer to my noble friend’s question about whether it will have the force of statute. For now, I beg leave to withdraw Amendment 118.

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Moved by

[Lord Bellamy]

119A: After Clause 39, insert the following new Clause—
“Review of Part 2(1) The Secretary of State must, as soon as reasonably practicable after the end of the review period—(a) prepare and publish a report about the operation in the review period of this Part, and(b) lay the report before Parliament.(2) The “review period” is the period of 18 months beginning with the day on which the power in section 30(1) (appointment of advocate in respect of major incident) is first exercised.”Member’s explanatory statement
This new Clause would require the Secretary of State to review the operation of Part 2 in the period of 18 months following the first time an advocate is appointed under Clause 30.