UK Parliament / Open data

Victims and Prisoners Bill

Proceeding contribution from Kevin Brennan (Labour) in the House of Commons on Monday, 4 December 2023. It occurred during Debate on bills on Victims and Prisoners Bill.

I rise to speak to the amendments standing in my name and will refer to others. The Opposition acknowledge the significance of the Bill, but even if the new Government amendments that the Minister has just outlined are adopted, we cannot escape the reality that the Bill nevertheless remains a skeletal framework that requires substantial enhancement. For too long—over a period of eight years and an octet of Justice Secretaries, which is an average of one per year—the promise of a comprehensive victims Bill has

been dangled before us, yet still we are here trying to fill in its gaps. That provides little comfort for the victims of crime across the country.

Having picked up the Bill since it was considered in Committee, I wish to pay tribute to my colleagues who worked on it through that stage and did all the heavy lifting: in particular, my predecessors on the Front Bench, my hon. Friends the Members for Cardiff North (Anna McMorrin) and for Lewisham West and Penge (Ellie Reeves), as well as my hon. Friend the Member for Birmingham, Yardley (Jess Phillips), who is in her place on the Back Benches. I also pay tribute to those who have engaged from the Opposition Back Benches, including my right hon. Friends the Members for Kingston upon Hull North (Dame Diana Johnson) and for Alyn and Deeside (Mark Tami) and my hon. Friends the Member for Rotherham (Sarah Champion) and for South Shields (Mrs Lewell-Buck). I also thank those who have tabled amendments for consideration today, including my right hon. Friend the Member for Hayes and Harlington (John McDonnell), my hon. Friends the Members for Poplar and Limehouse (Apsana Begum) and for Walthamstow (Stella Creasy), and my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman). That really shows the amount of interest in the Bill right across the House.

6.45 pm

Throughout the Bill’s passage in the Commons, Labour has consistently pushed for a Bill that does more than just acknowledge victims; we seek to empower victims. To that end, we have tabled amendments that are needed to strengthen the Bill into a more robust charter of support for victims. Our key amendments are designed to provide four pillars of justice that would place victims at the centre of the criminal justice system. They would: first, strengthen the powers of the Victims’ Commissioner; secondly, add persistent antisocial behaviour to a comprehensive definition of a victim; thirdly, implement a duty of candour requiring public authorities and officials to act in the public interest; and, fourthly, provide independent legal advocates for victims of rape. That is not just about providing a service but about upholding the rights of the most vulnerable in their time of need.

We note that the Government are taking up one of our previous amendments on reforming the powers of the Secretary of State in relation to overturning Parole Board decisions. We also welcome their decision to join us in responding to the dreadful case of Jade Ward by finally agreeing to put Jade’s law on the statute book.

However, overall the Government have adopted a somewhat glacial approach to fast-tracking measures to address the plight of victims in the Bill, in a manner that betrays a lack of total focus on and commitment to victims. They have shown us that victims are not the top priority. That is evident in the inclusion of matters relating to prisoners and parole, which dilute the Bill’s intended purpose. Our plan is to put victims at the heart of the criminal justice system, ensuring that their voices are not just heard but heeded.

As Labour has said throughout, we will not oppose the Bill—to do so would be to turn away from the potential for progress that it promises—but let us be clear that, however commendable its intentions may be, intentions alone do not suffice. That is why, without the amendments that we have tabled, the Bill is a shadow of what it could be. Let me turn to our amendments.

New clause 13 would impose a duty on specified public authorities to collaborate with the Commissioner for Victims and Witnesses. It would empower the commissioner to require co-operation from designated public authorities to monitor compliance with the victims code, compelling them to comply. Despite the Government’s acknowledgment of the commissioner’s significance, the role recently remained vacant for more than a year. That stark fact in itself is a practical demonstration of the difference between Government rhetoric and reality when it comes to victims. Having a Victims’ Commissioner in post is just the first requirement; strengthening the commissioner’s powers is imperative. For there to be effective accountability on behalf of victims, it is essential to grant the necessary powers. Labour is dedicated to putting victims first, including through empowering the Victims’ Commissioner to offer maximum support to victims, aligning with previous commissioners’ calls for those enhanced powers.

Ministers have suggested during the Bill’s passage that past commissioners commanded co-operation without the need for a legal duty to be encoded, but we should not burden commissioners with the expectation of consistently surpassing their role in order to ensure co-operation. The Government’s Domestic Abuse Act 2021 granted the Domestic Abuse Commissioner comparable powers, so why the reluctance to afford the same to the Victims’ Commissioner? If the Government are genuinely committed to enhancing the experience of victims and ensuring that public authorities are held to account, they should grant the Victims’ Commissioner additional powers in line with our new clause.

I turn to new clause 14, which also stands in my name. It is clear that while the Bill is supposed to support victims, it falls short for victims of major incidents. The new clause would compel organisations to face public scrutiny with honesty, especially during inquiries into state-related deaths. It would maintain a duty of candour, which is crucial for public servants to perform their roles with integrity and to call out harmful practices that endanger lives.

Type
Proceeding contribution
Reference
742 cc100-2 
Session
2023-24
Chamber / Committee
House of Commons chamber
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