My Lords, the role of the commissioner is to review the operation of the victims’ code. The 2004 Act, which introduced the code, also
created the post of a Victims’ Commissioner. It was the clear intention of the Government and Parliament that an independent Victims’ Commissioner should be able to champion the needs of victims and challenge the Government when code entitlements were not being complied with. Given the concerns many of us have about code compliance, the importance of the commissioner role cannot be overstated.
Since 2004, there have been just three Victims’ Commissioners: the noble Baroness, Lady Casey; Dame Vera Baird; and me. We have all come to the post through very different journeys, but, as those of your Lordships who know the three of us will testify, we have one attribute in common: we are, shall we say, a feisty bunch. However, I have to tell your Lordships, and I feel sure that my erstwhile fellow commissioners would agree, that there are times when being feisty is simply not enough.
Twenty years after the role was created, the time has come to give future Victims’ Commissioners the tools to do the job Parliament intended. This means that, when the commissioner makes recommendations, the Government and agencies take the trouble to consider them and respond. In my experience, this rarely happens. I therefore welcome the provisions in the Bill to make this a statutory requirement.
However, we need to go further. A basic requirement should be that the Victims’ Commissioner is consulted when the Government amend the code or issue statutory guidance in relation to it. Yes, the Government do consult me, but as a favour, not as a statutory duty. All too often, the consultation comes after the policy has been developed, and occasionally on the day it is to be announced, giving the sense of a fait accompli. Changes in the law will not necessarily stop this happening, but it is a start. That is why I am supporting Amendments 24, 26, 27, 28, 29, 35, 43 and 48 in the name of the noble Baroness, Lady Chakrabarti.
I also welcome Amendment 49, tabled by the noble Baroness, Lady Thornton, which requires criminal justice agencies to co-operate with future Victims’ Commissioners. Again, if successful, this clause will not take effect until after I have left office. In my experience, many agencies I deal with are very helpful. HMPPS, for example, is particularly helpful. With some others, it can vary. For an independent Victims’ Commissioner to offer robust scrutiny, they need to have access to data and information relating to their statutory duties.
The duty set out in this amendment is not without precedent. The domestic abuse commissioner has exactly the same power. I understand it has never had to be used, but all parties concerned know it exists. These amendments combined will change the dynamics of the relationship of the commissioner with the agencies and with government. It makes her or him a formal part of the criminal justice architecture, and it gives them the authority to speak and be listened to.