Lord Ponsonby of Shulbrede:

Moved by Lord Ponsonby of Shulbrede

114: After Clause 38, insert the following new Clause—“Code for victims of major incidents(1) The Secretary of State must issue a code of practice as to the services to be provided to victims of major incidents by persons having functions relating to— (a) victims of major incidents, or(b) any aspect of official inquiries and investigations following a major incident.(2) In this Part, the “code for victims of major incidents” means the code of practice issued under this section.(3) The code for victims of major incidents must make provisions for services which reflect the principles that victims of major incidents—(a) must be provided with information to help them understand the investigatory processes following the major incident of which they are a victim;(b) must be able to access services which support them (including, where appropriate, specialist services);(c) must have the opportunity to make their views heard in the investigatory processes following the major incident of which they are a victim;(d) must be able to challenge decisions which have a direct impact on them, other than through judicial review.(4) The Secretary of State may by way of regulations make further provision about the code for victims of major incidents of which a draft must be laid before and approved by a resolution of each House of Parliament.(5) The Secretary of State may make regulations under subsection (4) only if satisfied that provisions made in the code for victims of major incidents in compliance with the regulations would not result in—(a) a significant reduction in the quality or extent of the services provided in accordance with the code for victims of major incidents,(b) a significant restriction in the description of persons to whom services are provided in accordance with the code for victims of major incidents,(c) a significant restriction in the description of persons having functions in relation to victims of major incidents or any aspect of official inquiries and investigations following a major incident, or(d) a reduction of the involvement of victims of major incidents in the investigatory processes following the major incident of which they are a victim.(6) The code for victims of major incidents may make different provision for different purposes, including different provision for—(a) victims of different descriptions;(b) persons who have different functions of a kind mentioned in subsection (1).(7) The code for victims of major incidents may not require anything to be done by a person acting in a judicial capacity, or on the instructions of or on behalf of such a person.”

My Lords, this group concerns the victims’ code for major incidents. In speaking to Amendment 114, I am speaking to all the other amendments in this group as well.

We believe that this Bill represents a missed opportunity to extend entitlements of the victims’ code to victims of major incidents. Victims of major incidents will have suffered serious harm, often at the hands of state or corporate bodies. However, they do not receive the same recognition from government as victims of crime and so are not entitled to the same minimum level of support and services. Instead, they are often expected to navigate complex legal processes with little recognition of the harm they have suffered or the trauma they have faced. While the position of victims in the criminal justice system is far from perfect, as I have mentioned, organisations working with bereaved families have flagged a distinct lack of support for victims in the contexts of inquests and inquiries.

There is no principled reason to focus on improving the experience of victims in one context over another, while failing properly to recognise the needs and experiences of victims in a non-criminal context. It is also worth recalling that inquests and inquiries, particularly those relating to major incidents as defined by the Bill, often run concurrently with or prior to criminal investigations, allowing certain minimum entitlements in one process and not the other. This risks undermining the confidence of victims in both systems. There is little use in trying to ensure that individuals are supported through and engaged with the criminal process when they are at risk of being—or have already been—let down by a separate legal process addressing the same events. This provides an additional justification for affording victims in the inquests and inquiries contexts similar minimum entitlements to those in a criminal justice setting. Failing to do so is not only unfair but runs counter to the Government’s stated aim of ensuring that victims have confidence that they will be treated in a way they should rightly expect. I beg to move Amendment 114.

My Lords, I was pleased to add my name to Amendments 114 to 117, tabled by the noble Lord, Lord Ponsonby, which I supported in Committee and support again.

To those of us on these Benches, there seems to be no justification for limiting the protection and support for the victims granted in this Bill by the requirements for a victims’ code to victims of crime. It is not a massively radical step to produce an additional victims’ code for victims of major incidents which would give similar protections to those provided by the victims’ code for victims of crime—but tailored to victims of major incidents.

Part 2 of the Bill establishes the important scheme that we have been discussing for advocates of victims of major incidents. What it does not do is provide the necessary signposting for victims of major incidents to the assistance that they need—assistance of all types wherever available. There are particular issues for victims of major incidents and their families that do not necessarily arise for victims of crime, to do with accessing medical, psychological, financial and social help, among other things, in the wake of such incidents. The issues may be similar, but they are not completely overlapping.

Dealing with issues of bereavement and support for families following injury, dealing with issues connected with investigating and establishing responsibility for major incidents—these issues are very different in some cases from those facing victims of crime. However, there is no material difference in the need or justification for a separate code for victims of major incidents. If this Bill is a victims Bill, it should cover victims of major incidents as well.

On these Benches, we cannot see why we do not take the opportunity with this Bill of laying the ground for a similar code for victims of major incidents. I look forward to hearing how the Minister justifies passing up that opportunity.

My Lords, I thank the noble Lord, Lord Ponsonby of Shulbrede, for these amendments. While the Government understand the intention behind these amendments, we have not been convinced that they are necessary. Existing codes and the establishment of the independent public advocate deliver on many of these amendments’ aims. It may be helpful if I outline the Government’s rationale.

First, we have concerns over the application of this new code. As proposed, the code would apply only to those individuals who are considered victims of major incidents under the definition in this Bill. However, as this Bill is not retrospective, there are currently no victims under this definition. It would be premature to create such a code under the circumstances and we may lack the evidential basis for it at this time.

Secondly, the key aims of the proposed code directly align with the purpose of the independent public advocate, and it is therefore unnecessary. The IPA will help to ensure that victims understand the subsequent investigatory processes. They will help to signpost victims to appropriate support services and play a pivotal role in ensuring that the victims are able to challenge decisions and raise concerns, as part of their role will be to act as a conduit to government, to ensure that the victims are heard in order to effect change in real time.

Thirdly, as we noted in Committee, it is very likely that in many circumstances where a major incident is declared and an advocate is appointed, the victims will be victims of crime or criminal conduct. In these instances, they are already covered under the victims’ code, which sets out the services and support that victims of crime can expect to receive from criminal justice agencies. An additional code for victims of a major incident may therefore be duplicative and as such counterproductive.

As noble Lords highlighted in Committee, there will be incidents to which the existing victims’ code does not apply. However, the Government believe that this subsection of victims will be covered by the introduction of the Hillsborough charter. This charter commits its signatories to place the public interest first and to approach all forms of public scrutiny, including public inquests and inquiries, with candour and in an open, honest and transparent way, making full disclosure of relevant documents, material and facts. Additionally, the charter ensures that its signatories are accountable and open to challenge.

In answer to the points raised by the noble Lord, Lord Marks of Henley-on-Thames, the Bill sends a clear signal about what victims can and should expect by placing the overarching principles of the victims’ code into law. It includes a statutory duty on criminal justice bodies to promote awareness of the victims’ code. We are also placing a statutory duty on relevant agencies to provide services in accordance with the victims’ code unless there is a good reason not to. The Government expect that the standing advocate will hold others to account, based on the principles of the Hillsborough charter. This will give victims confidence in their ability to challenge those in authority, should they wish to. The charter and the proposed code for victims of major incidents bear many similarities. The Government therefore remain unconvinced of the merits of this proposal and the necessity of establishing a new code.

I therefore urge the noble Lord to withdraw his Amendment 114 and not to move Amendments 115 to 117.

My Lords, these were probing amendments. I thank the noble Lord, Lord Marks, for his support and for the arguments which he advanced. It seemed to me that the gist of the Minister’s response was that there was a lack of evidential basis for the requirements, which I outlined in my amendments. That may well be the case, but I did not hear from the Minister any desire to get that evidential basis, to keep the matter open. Nevertheless, I will withdraw this amendment. It may be a recurring theme in future Bills. I beg leave to withdraw Amendment 114.

Amendment 114 withdrawn.

Amendments 115 to 117 not moved.