My Lords, first, I pay tribute to the Minister, who for 25 minutes has responded to this group when he quite clearly would rather be in another place; I do not mean down the Corridor. We all wish him a speedy recovery, but we would also be well advised to keep a fairly safe distance from him for the immediate future.
The Minister said at the beginning that the key to making the victims part of the Bill work is culture change. To mix metaphors, there was culture change with teeth—which sounds like a strange creature for well-paid Harley Street specialists to dream up new procedures for.
Before I continue with that, it would be nice if we could try to stop in its tracks the growing confusion which has come since the arrival in your Lordships’ House of a brace of Russells. I point out that I am a lowly Baron—the bottom of the heap, Lord Russell of Liverpool—and not the much more elevated noble Earl, Lord Russell, who is in his place. To back up my point, I will quote the letter that the noble Earl’s grandfather and my grandfather wrote jointly to the Times in 1959, which I think makes the point rather clear:
“Sir—In order to discourage confusions which have been constantly occurring, we beg herewith to state that neither of us is the other”.
I hope that puts that particular care to rest.
When talking about what the Government are proposing in the victims part of the Bill, the Minister asked the rhetorical question of whether it is a credible structure. Do we need, as the Government are saying, a strengthening and reinforcing of the current structure or—and this is not rhetorical—is the structure itself part of the problem? The structure has been in place in a slightly weakened form for many years and it is clearly not working. The Government have recognised that, and put a commitment in the 2019 manifesto to try to put that right and produce a victims Bill.
In reflecting on how best to respond to the manifest failings in the current structure—although there are some good points—I suggest to the Government that the best solution is not to try to reinforce the current structure by putting sticking plasters and various forms of glue into various parts of it.
I also point out that, while best practice certainly exists—we know it is exists; there are examples all over the country—we also know a great deal about human nature. Human nature is perhaps best exemplified by something known to anybody now in your Lordships’ Chamber who was once a Minister—a political Minister, not of the Church—in any shape or form: hell hath no fury like different government departments trying to ignore one another, and, above all, like a department doing everything it can desperately to avoid taking on any good practice from another department, which might be seen to imply that its own practice was not as good. We have all known about that; “Yes Minister” was a very successful programme for many years, partly on that premise. That is human nature; it is the same with departments of state, police and crime commissioners and the 43 separate police forces in England and Wales—all the different bodies dealing with this.
I come back to what I mentioned last week: the paean for a past age identified by the noble Lord, Lord Hennessy, when you could essentially rely on people and parts of the state doing what is expected of them—the “good chaps” theory of government and administration, if you like. There is so much evidence to indicate that, for all sorts of reasons that we will not go into today, that is not happening. We would be doing ourselves, and in particular the Government, a favour if we looked in the mirror and recognised that it is not working.
The Victims’ Commissioner has to be the most obvious channel for dealing with an awful lot of these issues. In particular, the current interim commissioner, who was largely responsible for the role being created in the first place, has direct experience of being a victim at great cost and has, for the last 15 years or more, dedicated her life to helping other victims and to talking to a variety of individuals and organisations to work out how better to understand what victims are going through and to do something to help them. She knows what she is taking about—she really does. When she talks to the Government and suggests, in her usual very polite way, that things are not quite as they may seem and that things may not turn out quite as the Government hope they will, it behoves the entire House to listen to her very carefully.
An unfortunate fact in recent history is that because the noble Baroness’s predecessor as Victims’ Commissioner was not invited to return for a second term of office, there was a significant period when there was no Victims’ Commissioner and no proper voice for victims. That took place at a critical time when the Bill was going through its birth pangs and was being put together. It would be good for the Government to acknowledge the insights and information that the noble Baroness could have given to the inception, crafting and architecture of the Bill—particularly its structure, which we will come back to. The Bill would have been infinitely improved if it had had the benefit of more input from her and the team around her. It is never too late, and I hope that we can use the time between now and Report to have some intensive meetings and discussions in a completely non-combative way. I and others said at the beginning of the Bill that our role is to drain any politics from the Bill to the extent that we can. It is not about politics; it is about people and victims. The Victims’ Commissioner is the obvious driver of culture change; she is better placed to do that than anybody else, and it behoves the Government to acknowledge that and to listen to her.
As for the minimum threshold, I hear what the Minister said about having a range of indicators rather than minimum thresholds. The sceptic in me would point out that if you are asking a range of institutions—which are themselves being asked to work out whether they are meeting those thresholds—to come up with their own preferred indicators, you may possibly not come up with some of the more challenging and awkward indicators. You may well come up with a preferred list of indicators that are rather more easy to accede to. Philosophically, there is at least a question mark over that approach, and we would like to discuss that further.
I say a big thank you to the Government for acknowledging that an annual statement of the state of affairs is very welcome. I think I can see the noble Baroness nodding. We are grateful for that and regard it as a good step forward.
To come back to the role of the Victims’ Commissioner, whoever is in this role should be front and centre in making the Bill as effective as possible, and then being accountable for holding the Government and the different agencies to account for delivering on it. It is not a satisfactory course to expect the Government to hold themselves to account. In theory, the Government have held themselves to account in this area for the last 20 years, and the report card is perhaps not as stellar as the Government would like it to be. I am grateful that the joint criminal boards are acknowledged as an important part of the process; that is a good move.
As far as training is concerned, I am grateful in particular that the Government are looking at the super-complaint that the Suzy Lamplugh Trust put forward on the basis of some dreadful stories. Stalking is incredibly complex. We need to sit down and try to make sure that people understand just how large scale, complex and insidious it is. To expect any public servant—or even victim—to understand what they are dealing with without effective, precise training will not give a good result, as I learned from talking to Richard Spinks, the father of Gracie Spinks, two weeks ago.
He was not bitter, but he was desperately disappointed that Gracie had complained to the Derbyshire police more than 40 times about the way she was being threatened and the concerns she had about what might happen—and it did happen. It happened in plain sight, and the Derbyshire police in effect chose to be blindfolded and mute. To their credit, they have acknowledged after the event that they failed egregiously. What was needed was proper training in place, a proper understanding of dealing with this and, above all, proper leadership. If you want real culture change, you need really good leadership. I put it to noble Lords that having the leadership of a really effective Victims’ Commissioner is probably the most effective way to drive this forward.
We all welcome the Minister’s invitation to have further meetings to, as he put it so elegantly, reflect further—hopefully when his sinuses permit. On that basis, I withdraw the amendment.