My Lords, I thank all noble Lords for their contributions. I congratulate the noble Lord, Lord Carter of Haslemere, on his magnificent maiden speech. I hope your Lordships will forgive me but, following a five and half hour debate at a relatively high level, I do not wish to close my door now, having previously said it will remain open, by being too definitive on the various points we have discussed.
I will take briefly three points. First, I will have to come back to the issue of legislative consent, and we will need to explore it further, given the inter-relationship between the various authorities and responsibilities. I acknowledge the existence of that issue. Secondly, on the impact assessment, about which certain comments have been made, I have gathered during the debate that it probably needs to be looked at again and
perhaps revised and expanded. That is another task to be completed. Thirdly, I gather that at Report stage in the Commons the Government gave an undertaking that restorative justice would form part of further guidance to the relevant authorities when commissioning various services. At the moment, that is as far as I can take the issue of restorative justice, important though it is.
Having made those preliminary points, I also add a brief word on scope. The Bill does not deal with what could be described as purely operational decisions by the police, such as the failure to make an arrest or not turning up to a domestic burglary or something of that kind. That is for another way of complaint, through the police complaints systems. The Bill does not address the difficult problems victims experience simply because there is a backlog in the criminal justice system. That is for another day. It also does not address—and I do not think it would be in scope to address—certain points made in this debate about sentencing and how we come to sentence offenders.
The first group of points made is about Part 1 and victims, with the essential point being that the Bill does not go far enough. In the Government’s view, the Bill goes a very long way. It is not just a gentle nudge, as has been suggested; it is a tremendous shove in favour of victims. It combines real efforts to change culture, greatly improve transparency and give proper statutory duties to various bodies, including police and crime commissioners and others, to get this organised. It requires cross co-operation and involves further resources.
As I think I said in opening, we have quadrupled the money available to victim services over the last few years. I take entirely the points made by, for example, the noble Lord, Lord Bach, that further clarification and development of these ideas could be very helpful. Others have said that bodies such as the Metropolitan Police, for example, would welcome further guidance, clarity and work on exactly how we can make this structure effective.
I think we all agree that we want to make an effective structure; the question is how to get there. At the moment, at least, to bring in a rather blunt statutory duty—in effect, a law giving victims further rights to sue and to bring in more lawyers, more legal proceedings and so forth—is not the right way to go, in the Government’s view. We do not want more satellite litigation. The real issue is how we effect cultural change.
How do we get there? The Government’s position at the moment is that this structure provides a very positive basis for effecting that much-needed cultural change, not least through the existence of transparency and, for example, the power of the Secretary of State to publish where local areas are on all these things and the powers of local police and crime commissioners to invigorate their local communities in all these respects. In the Government’s view, that is the way to go.
In relation to victims, there have clearly been many—perfectly understandable—references to particular kinds of victims, notably children. I briefly point out that child victims of crime and exploitation are encompassed within the Bill’s definition of a victim, and child
criminal exploitation is in fact defined in statutory guidance for front-line practitioners in publications such as Keeping Children Safe in Education and Working Together to Safeguard Children. However, the point that we need to think very hard about is how we protect child victims, and it is certainly a point we should jointly further reflect on and consider.
Indeed, in relation more generally to women and girls in the justice system, victims of domestic violence, stalking, grooming and anti-social behaviour, and persons whose first language is not English, those are all examples of particular victims that we need to make sure are encompassed within our remit. Proper attention should be given to those particular kinds of victims. Those points are well made and, if I may briefly use an Americanism, will be taken under advisement.
In broad outline, that is the victims part of the Bill. As far as the IPA is concerned, the Government’s position is that this is a major advance, particularly the creation of a standing advocate who can advise the Secretary of State and, when appointed on a major incident, “look after” the victims. At the moment the Government do not think that it is useful to give this standing advocate a sort of roving power to conduct their own inquiries or demand their own documents and so forth, because of the risk—among other things—of real duplication in major inquiries such as Manchester Arena, Hillsborough or Grenfell. We already have very effective procedures. Bishop Jones’s inquiry was very effective; it was a non-statutory inquiry set up by the Government, and it got to the bottom of things. The Government are not convinced that we need yet another operator operating in this area.
I think that my noble friend Lady Sanderson asked about smaller incidents. Let us take an incident such as the Shoreham air disaster, where 11 people were killed. Leaving to one side the question of whether that was a major incident, in that example there was the Air Accidents Investigation Branch, a criminal case and an inquest. Do we really need yet another body investigating, demanding documents and imposing more costs on the whole system? The Government are not yet convinced, certainly at this stage, that we should go any further than we have gone in the Bill, which is already a very long way. That is the general position of the Government at the moment.
I listened very carefully to noble Lords, particularly the noble Lord, Lord Meston, on the issue of parental responsibility and whether we should go further and include other cases. There are already procedures for effectively taking away, or at least hollowing out, parental responsibility that exist in family law in the family courts and the Government do not feel that we should go any further at the moment.
On infected blood, noble Lords will be able to ask questions of my noble friend Lady Neville-Rolfe tomorrow when she updates the House on the Government’s position. I have no doubt that we will come back to that in the fullness of time in Committee.
On IPP prisoners, the present proposals, I hope and trust, will deal quite effectively with prisoners who are currently in the community and who have a prospect of being released—I think they will deal with that. I
think that we all recognise that our real problem is the hard core of about 1,200 prisoners who have not been released. It is very important to say that the Government have not given up on those prisoners. In the last two years, 400 prisoners who had not previously been released have been released. There is very detailed work going on in the Prison Service; I am very happy to share with noble Lords more detail about that, if it is of use. It relates to particular sentencing plans for particular prisoners, so that they have an individual sentencing plan for further support in the community when they are released, and for a much more active IPP progression programme. So we are still working towards the release of these prisoners when it is safe to do so. The Government currently see that as a much more sensible and justifiable approach than the alternative of the re-sentencing exercise.
As noble Lords know, the basic problem with the re-sentencing exercise is that you are raising expectations that people will be released. But the people we are dealing with have been found not to be safe to be released, so how are we going to tackle that? Are we going to take the view, “We’ll just release them”? As in the case of Mr Bierton that I mentioned in my opening speech, do we say “We don’t care whether further offences are committed by these highly dangerous people, we’re just going to release them because that is what justice demands”? The Government ask: what about future victims? What risks are you taking; is it worth the risk; can you take the risk? The Government are not prepared to take that risk. But they are prepared to work very hard for these prisoners, to give them at least some hope of an eventual release. That is the Government’s present position on these issues.