Victims and Prisoners Bill – in a Public Bill Committee at on 27 June 2023.
Edward Leigh
Conservative, Gainsborough
I remind the Committee that with this we are discussing the following:
Amendment 51, in Clause 1, page 1, line 16, at end insert—
“(e) where the person has experienced adult sexual exploitation.”
Amendment 18, in clause 1, page 2, line 6, at end insert—
“(c) ‘child criminal exploitation’ means conduct by which a person manipulates, deceives, coerces or controls a person under 18 to undertake activity which constitutes a criminal offence;”
This amendment provides a definition for the term “child criminal exploitation”.
Amendment 52, in clause 1, page 2, line 6, at end insert—
“(c) ‘adult sexual exploitation’ means conduct by which a person manipulates, deceives, coerces or controls another person to undertake sexual activity.”
This amendment would provide for a statutory definition of adult sexual exploitation.
Edward Argar
The Minister of State, Ministry of Justice
Amendment 17 seeks to include in the definition of a victim those who have experienced child criminal exploitation and have suffered harm as a direct result. I am grateful to the hon. Member for Rotherham for raising this issue, which the Government agree has a devastating impact. This morning, right hon. and hon. Members did what this House does well: they gave a voice to the voiceless.
I want to reassure hon. Members that large elements of the amendment are encapsulated in the Bill, and I hope I am able to offer something that goes at least some way to satisfy the hon. Lady and the hon. Member for Cardiff North. The Government are committed to tackling county lines and associated child criminal exploitation, and outside the Bill we have invested up to £145 million over three years to crack down on criminal gangs exploiting children and young people.
In addition, as part of the county lines programme, the Government continue to support victims of child criminal exploitation. We have, for example, invested up to £5 million over three financial years—2022 to 2025—to provide support to victims of county lines exploitation and their families. That includes a specialist support and rescue service provided by Catch22 for under-25s in priority areas who are criminally exploited through county lines to help them to safely reduce and exit their involvement. It also includes a confidential national helpline and support delivered by Missing People’s SafeCall service for young people and their families.
As the Shadow Minister said, it is important to remember that although county lines is often the first issue to catch the attention of the media or this House, child exploitation goes way beyond that crime. We are therefore also targeting exploitation through the Home Office-funded prevention programme, delivered by the Children’s Society. That programme works with a range of partners to tackle and prevent child exploitation regionally and nationally.
I assure hon. Members that children who have been exploited for criminal purposes are indeed victims in the context of the Bill if the conduct they have been subjected to meets the criminal standard. Regardless of whether the crime has been reported, charged or prosecuted, those victims are already covered under part 1 of the Bill and the victims code.
Child criminal exploitation is already captured by a number of criminal offences under the Serious Crime Act 2007, the Misuse of Drugs Act 1971 and the Modern Slavery Act 2015. However, as the hon. Member for Rotherham highlighted, in some cases the exploitative conduct may not itself be criminal. The measures in part 1 of the Bill have specifically and fundamentally been designed for victims of crime and seek to improve their treatment, experiences of and engagement with the criminal justice system. Therefore, where the criminal exploitation is exactly that—criminal—the victims are already covered by the Bill’s definition of a victim of crime.
The definition of a victim, as I said previously, is deliberately broad. Within reason, we are seeking to be permissive, rather than prescriptive, to avoid the risk that specifying particular subgroups could inadvertently exclude those who do not fall into specific descriptions and definitions.
Amendment 18 seeks to provide a definition for child criminal exploitation. The Government recognise that the targeting, grooming and exploitation of children for criminal purposes is deplorable, and we share the hon. Member for Rotherham’s determination to tackle it. The Government have already gone some way to defining child criminal exploitation in statutory guidance for frontline practitioners working with children, including in the “Keeping children safe in education” and “Working together to safeguard children” statutory guidance. We have also defined child criminal exploitation in other documents, such as the serious violence strategy, the Home Office child exploitation disruption toolkit for frontline practitioners, which was updated in July last year, and the county lines guidance for prosecutors and youth offending teams.
The Modern Slavery Act 2015 states that when children who are under 18 commit certain offences, they are not guilty if they were committed as a direct result of exploitation. Prosecutors must consider the best interests and welfare of the child or young person, among other public interest factors, starting with a presumption of diverting them away from the courts where possible.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
The Minister highlights the problem: there are lots of different documents with lots of different Departments and support teams where the Government have felt comfortable defining child criminal exploitation, and there is fragmentation across Government. The Bill offers the opportunity to define child criminal exploitation so that it is seen clearly that such children are victims of that exploitation. I will be frank with the Minister: the victims ought to be recognised in the Bill, but they are not. My hon. Friend the Member for Cardiff North and I are trying to use this as an opportunity to force the Government’s hand to make that definition, so that any person in the public or private sector who sees those children can understand that they are victims.
Edward Argar
The Minister of State, Ministry of Justice
When I conclude in a moment, I hope that I might have given the hon. Lady a little more reassurance. In respect of her specific point, the Government have previously explored the introduction of a statutory definition of child criminal exploitation with a range of operational and system partners. They and the Government concluded that the existing arrangements allow sufficient flexibility to respond to a range of circumstances while still ensuring actions when that consideration was undertaken.
I reassure the hon. Members for Rotherham and for Cardiff North that we continue to keep under review the issue and the legislation. The previous consultation with partners suggested that the right tools, powers and offences were already in place to tackle the issue.
Edward Argar
The Minister of State, Ministry of Justice
I mentioned operational partners, and in this context, that refers to partners in the criminal justice system, such as the prosecution authorities, the police and others. I take the hon. Lady’s point about the wider stakeholder and sector support. If she allows me to make a little progress, we will see if it reassures her sufficiently.
Turning to amendments 51 and 52, Amendment 51 seeks to ensure that persons who have experienced adult sexual exploitation are explicitly referenced in the definition of a victim. Adult sexual exploitation could be considered to consist of numerous criminal acts, some of which include human trafficking, controlling and coercive behaviour, causing or inciting prostitution for gain, controlling prostitution for gain, and rape and other serious sexual offences. I reassure hon. Members that adults who have been subjected to such criminal conduct are victims under part 1 of the legislation and under the victims code. My concern is therefore that the amendments would duplicate the existing coverage of the definition of a victim of crime. Again, the definition is deliberately broad to avoid inadvertently excluding a particular group or victim through being overly prescriptive.
Amendment 52 is intended to create a definition of adult sexual exploitation. Acts that can constitute adult sexual exploitation are, again, already covered by a number of existing offences.
Jess Phillips
Shadow Minister (Home Office), Shadow Minister (Domestic Violence and Safeguarding)
While they are covered by a number of different offences, much like domestic abuse, there is no charge or crime of domestic abuse, yet the Government felt it important to define domestic abuse in the Domestic Abuse Act 2021 for all the same reasons that my hon. Friend the Member for Rotherham tried to point out: it is currently written nowhere in any Government guidance, or any strategy to tackle adult sexual exploitation. That is what the Amendment is intended to address.
Edward Argar
The Minister of State, Ministry of Justice
I am grateful to the hon. Lady. She may well push me in a slightly different direction, but I am always a little cautious of seeking to read across a precedent in one piece of legislation to a range of other areas. There may be occasions when it is universally applicable, but in other cases I would urge a degree of caution.
We have yet to see unequivocal evidence that a single definition or approach would better achieve delivery of our commitment than the current approach. However, I am happy to discuss it further and work with the hon. Member for Rotherham, the Shadow Minister, the hon. Member for Cardiff North, and others between Committee stage and Report. As is the nature of the Committee stage, the amendments were tabled a few days ago—last week—and inevitably, when something significant is suggested, it is important to reflect on that carefully. I intend to reflect carefully on the points that have been made. I will not pre-empt the conclusions of my reflections, but I will engage with the hon. Member for Rotherham, and the shadow Minister if she so wishes, to see what may be possible between Committee stage and Report. On the basis of that commitment to engage, I hope that the hon. Member for Rotherham and the shadow Minister might, at this point, consider not pressing the amendments to a Division.
Anna McMorrin
Shadow Minister (Justice)
I thank the Minister for his response and the Committee for this debate on child criminal exploitation. I particularly thank my hon. Friend the Member for Rotherham for tabling the two critical amendments that look at adult exploitation as well as child criminal exploitation. She made excellent, and really quite emotive, points about a victim of child sexual exploitation, of course due to coercion and control, reaching the age of 18, when it is suddenly questioned as “unwise choices”. I appreciate the points that the Minister made. He appreciates that there is a real issue. As I set out earlier, there is widespread concern among all the agencies and charities working on this that child criminal exploitation takes a variety of forms. Ultimately, the grooming and exploitation of children into criminal activity needs to be addressed.
To take up the Minister’s point about using one statutory definition, at the moment safeguarding partners are working to so many different understandings, as my hon. Friend the Member for Rotherham said, of what constitutes criminal exploitation that there is no meaningful or consistent response across criminal justice agencies and safeguarding partners, which is critical when dealing with such matters.
I appreciate that the Minister is prepared to work together, and I hope that he has listened to our arguments. It sounds as though he is coming to the agreement that we will work together to address this matter in the Bill. Therefore, on reflection and having heard those points today, I will seek to bring this proposal back at a later stage of the Bill but will not press it today.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
2:15,
27 June 2023
I thank the Minister. We have worked together for a long time, and he knows that I can be like a dog with a bone when it comes to things like this. I will take what he has said absolutely at face value. I am really grateful for the opportunity to explore the matter with him further, and because of that, I will not press my two amendments at this point.
Anna McMorrin
Shadow Minister (Justice)
I beg to ask leave to withdraw the Amendment.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
I beg to move Amendment 46, in Clause 1, page 1, line 16, at end insert—
“(e) where the person is the child of a person posing sexual risk to children.”
This amendment would include children of a person posing a sexual risk to children (that is, paedophiles (including perpetrators of offences online), suspects or offenders) as victims.
I don’t get out much, Sir Edward—and neither do you, because of that! I ask the Committee to listen to my speech on this issue with an open mind, because when I first came across it, it took me a little time to get my head round it, but to me now, it seems the most obvious thing. I am talking about recognising the children of paedophiles as victims. That is what my amendment seeks to make happen. Just as we have now—I thank the Minister and the Ministry of Justice—made a huge step forward in defining children born of rape as victims in this legislation, so we need to ensure that other secondary victims will also be entitled to rights under the victims code. The children of any paedophile are disproportionately impacted when their parent is investigated, charged and jailed, and I make a plea for them to be considered within the definition of victims.
Just like domestic abuse, the illegal activity is committed, most often, within the family home—the child’s “safe space”. Social services view the parent as potentially posing a sexual risk to any child from day one of an investigation, not from a guilty verdict. I will give the Committee an example from my Constituency. About five years ago, a lot of single mothers were coming to me with real concerns about the heavy-handedness of social services around child protection—their child’s protection. They were really confused as to why social services were doing this. When I intervened on their behalf, I realised that it was because the other parent of the child was being investigated for—in this case—organised child sexual exploitation. Social services could not tell the mother what was going on, for fear of tipping off the other parent, but they had serious safeguarding concerns in respect of that parent in that house because of the father’s activities. This is a very real thing that happens; it has a very real basis.
Amendment 46 is crucial, because it specifically identifies children of a person posing sexual risk to children. These people are known as PPRC—persons posing a risk to children—by the police when they are under investigation and not just once they have been charged. The family unit structure, including the household economics, is generally impacted in a dramatic way—irrespective of the outcome of the investigation—because of the immediate protective measures put in place by agencies. For the family’s safety, the nature of the investigation is almost always kept confidential, thus increasing the vulnerability of these children within the whole secrecy around CSA. Investigations and convictions shape the child’s childhood, as interactions with the parent are controlled by restrictions imposed by the judicial system. The child loses all autonomy within the relationship with the suspect or offending parent, for safeguarding purposes—which we can completely understand—until they are over the age of 18.
Negative community judgment for close associates of CSA suspects is highly prevalent and can be magnified by media coverage at the court. If we think about our local papers, once someone is charged with such crimes, their name, address and photos all get into the public domain, whether by media, once the conviction has happened, or most likely by Facebook and well-meaning neighbours trying to protect their own children. The stigma that causes for the child is untold.
I have worked with the survivor Chris Tuck for many years. She is an active campaigner on child protection. She has asked me to read her case study about what happened to her:
“I grew up in 3 domestic violence households where witnessing and experiencing abuse every day was the norm.
My dad and step mum were not good for each other or to us children. The abuse intensified via domestic violence and child abuse.
This chaotic dysfunctional abusive home life led to us being vulnerable to abuse outside the family home. I was sexually abused by a school bus driver in 1979…In 1980/81 my dad George Frances Oliver was convicted of child sexual abuse against some of the children in the household (not me).
I remember very clearly when my dad was arrested for his crimes.
It was an odd day; 3 of us children came home from school and dad was lying on the sofa reading. It was eerily quiet, my step mum, my sister and stepsisters were not there.
We were just speaking to dad about this fact when there was a loud crashing noise and lots of shouts of ‘Police! Police!’.
The police stormed into the room and arrested my dad, it was very frightening to witness and caused us a lot of distress. We did not know what was happening.
I remember the police taking us 3 children to our eldest stepsisters’ house where my step mum, other stepsisters and sisters were waiting.
That is where I was told what my dad had done. I didn’t believe it. I couldn’t believe it.
In my head I was trying to reconcile what the school bus man had done to me and now my dad had done those things and worse to other children in the house.
I felt sick, I felt dirty, I felt shame. I felt betrayed and let down by my dad. The man I loved at the time.
Dad was put on remand and eventually convicted of his crimes. I find out about this at school, in the playground. One day a boy shouted out ‘your dad is a paedo....dirty paedo’.
I didn’t know what that word meant. But I knew it was bad by the way it was said and I knew what my dad had done. I had experienced a little of what my dad had done via my own experience of sexual abuse and the internal examination I had at the Police station.
Dad’s sentencing had been written up in the local paper. Again, it felt like everyone knew. Everyone was judging me, us, for the crimes committed by my dad.
Again, I felt sick, I felt dirty, I felt shame. I felt bad to the very core of my being. This I carried with me well into my adulthood.
Again, no support was given to any of us as children and young people.
The legacy of my dad being a convicted paedophile lived with me into my mid 40s when I paid for specialist professional help and support to deal with the trauma from deep unexpressed feelings and emotions.
When I left home at nearly 16, I wrote my childhood off, I never told anyone about anything. I put on a mask for over a decade and I tried to build a new life for myself. I battled with bulimia and anger management throughout my teens and twenties.
If I had been classed as a victim, as a child and young person and given the help and specialist support at the time of each incident throughout my life I would not have had the hardship of dealing with the trauma and ill-health (mentally and physically) I have experienced as a result during my adulthood.
Recognising children and young people as victims of crime perpetrated through association needs to be recognised because there is a trauma impact as I have described.
Just knowing what is happening when it comes to the perpetrator and their movements—where they are imprisoned, when they are going to be released and where—is a must for the peace of mind of all involved.”
That experience has become even more common with online child sexual offences, which have increased dramatically. The trauma for the child usually begins once police execute a search warrant of the family home, often referred to as “the knock”, after the police have received the information regarding the online suspect. That, I would say to the Minister, would be the ideal point to intervene to prevent further trauma, but currently that is not happening. Records for 2021 show that there were 850 knocks a month. Children were present for 35% of those knocks. That compares with 417 knocks per year in 2009-10, and I fully expect those numbers to keep on going up, with all the police are telling us about the exponential rise of online child abuse.
Children are unseen victims of this crime, but are not recognised as such or given the support they need. Often, families do not receive information about the offence, court proceedings or sentencing until they are told by the offender, if they are told by the offender. If the children were defined as victims, they and their parents would be entitled to receive such information. Having the victims code apply here would address some of the key issues for children and for non-offending parents, including information from police and access to support services.
Let us be honest: the knock disproportionately affects women, who are often forced to give up their job as a consequence, take time off sick, move home, supervise access, manage childcare, manage supervision and take on the burden of minimising the suspect’s risk of suicide or reoffending. Women are effectively treated as a protective factor, but they have no protection themselves.
I have worked on the amendment with Talking Forward, a charity that funds peer support for anyone whose adult family member has been investigated for online sexual offences. It is much more common than Members realise. Currently, three police forces refer families automatically to Talking Forward, but that could be broadened out nationally, if the amendment is accepted. Lincolnshire police now have a dedicated independent domestic violence adviser-type role for such families. Again, if the amendment is accepted, that could be rolled out more broadly to provide specialist support.
The first step must be to recognise children of child sexual abusers, whether physical or online, as victims. That will reduce costs in the long term, whether that is by ensuring children have immediate support or reducing costs to the family courts. I ask the Minister to accept this amendment.
Edward Argar
The Minister of State, Ministry of Justice
As the hon. Lady set out, Amendment 46 would include persons who have suffered harm as a direct result of being a child of a person who poses a sexual risk to children, for example a paedophile, in the definition of a victim. I am grateful to her for raising this important issue and I reassure her that the Government absolutely sympathise with the challenges faced by the unsuspecting families of sex offenders and those who pose a sexual risk to children.
If family members in these circumstances have witnessed criminal conduct, they are of course already covered by the Bill’s definition of a victim—that is, if they have been harmed by seeing, hearing or otherwise directly experiencing the effect of the crime at the time the crime happened. I think the hon. Lady would like to go somewhat more broadly, to those who may not have been there at the time or have directly witnessed the crime, but who may still suffer the impacts of that criminal behaviour. I know that she is interested in support more broadly for the families of offenders and those impacted.
As the hon. Lady rightly said, that cohort would not come within our definition of a victim, which is deliberately crafted in both the Bill and the victims code to be designed for those who have been harmed directly by the crime in question and therefore need the broader entitlements in the code to navigate the criminal justice system, as well as to receive support. On this occasion, therefore, I must resist the broadening of the scope of Clause 1 that the amendment would bring.
Maria Eagle
Labour, Garston and Halewood
The Justice Committee, in its pre-legislative scrutiny of the Clause, did ask the Government to extend the coverage of these provisions to include children born of rape as secondary victims, and they responded positively. Is there a difference between the case that my hon. Friend the Member for Rotherham made for the children of paedophiles and the concession—that is the wrong word for it; it is technically correct, but I am not trying to suggest that the Government have given in—made in accepting the Justice Committee’s suggestion that children born of rape should be included? Is there a technical difference, because I am failing to see it at the moment?
Edward Argar
The Minister of State, Ministry of Justice
2:30,
27 June 2023
The technical difference, or the difference as we see it, is that in the case of the Justice Committee’s PLS recommendation the individual was born as a direct consequence of a criminal act. In the case to which the hon. Member for Rotherham referred, the individual is not experiencing something as a direct consequence of a criminal act, but there are of course impacts on them. That is the difference that we draw, but it does not mean that this cohort is not deserving of support on their own terms, and I will touch briefly on what is available.
His Majesty’s Prison and Probation Service funds the national prisoners’ families helpline, which provides free and confidential support for those with a family member at any stage of their contact with the criminal justice system. There are also several charities—I suspect that the hon. Lady works with them on these issues—that provide specific support for families affected by the actions of a family member, including support for prisoners, people with convictions, and crucially their children and families, and support for families that have been affected by sexual abuse.
We will continue to consider how best to support and protect those impacted by crime as well as victims of crime, who are directly covered by the Bill. I therefore gently encourage the hon. Lady not to press her Amendment to a vote at this stage. She may wish to return to it, but I will continue to reflect carefully on what she has said. We sit and listen, but we may miss some nuances, so I will read the report of what has been said carefully.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
I am grateful to the Minister for keeping an open mind. What is needed most is information on the criminal justice process for those family members, which would automatically be afforded under the victims code. I am grateful for his offer to read the report and see whether there is something that we can do. I beg to ask leave to withdraw the Amendment.
Jess Phillips
Shadow Minister (Home Office), Shadow Minister (Domestic Violence and Safeguarding)
I beg to move Amendment 54, in Clause 1, page 1, line 16, at end insert—
“(e) where the death by suicide of a close family member of the person was the result of domestic abuse which constitutes criminal conduct.”
We have all had a long time while the Bill has been going through to campaign, successfully, on various things through various means, including, as my right hon. Friend the Member for Garston and Halewood mentioned, around the pre-legislative scrutiny. Those of us who have been fighting for child victims born of rape were pleased to see that concession. Another area that many of us have campaigned on is recognition of people who are victims of homicide but not direct victims. If someone’s daughter is murdered, they are a victim of that crime. Both those concessions have come about, and not dissimilarly to my hon. Friend the Member for Rotherham I wish to push the envelope a little further, and talk about those who die by suicide as a direct result of being a victim of domestic abuse.
I met a mother at a memorial service for violence against women and girls. Just yesterday, she emailed me. Her daughter died in 2018. She wrote:
“If my daughter hadn’t met him, she would still be alive, her children still have a mother, me my precious only daughter…Why is the associated link between ‘domestic abuse’ and ‘suicide’ ignored? Overlooked are the ‘compensating’ mechanisms—substance abuse, alcohol, ‘mental health issues’ then used by so called ‘professionals’ as the reason ‘why’ they have taken their lives...the link is the perpetrator and the victim, NOT the substances. They are often used by the victim to ‘escape’ from the relentless mental, physical abuse and torture. They don’t want to die, merely ‘escape’ from the traumatic situations. They are in Hell.”
Families who have lost loved ones to suicide following domestic abuse should be recognised as victims, in the same way as those who lose family members to murder are supported.
Ellie Reeves
Shadow Minister (Justice)
My hon. Friend is making a powerful speech. I want to mention the family of Gemma Robinson. Gemma was the victim of a horrific assault by a former boyfriend. She took her own life in 2020 due to the fear of facing her attacker in court. Gemma’s sister, Kirsty, has spoken about the devastating impact of Gemma’s death on the whole family. The family were then left to face the sentencing of the perpetrator, Gemma’s inquest and the domestic homicide review all on their own, without support. Does my hon. Friend agree that Gemma’s case highlights why it is so important that relatives in these types of cases are recognised as victims?
Jess Phillips
Shadow Minister (Home Office), Shadow Minister (Domestic Violence and Safeguarding)
I thank my hon. Friend. Our hearts go out to Gemma’s family. That is exactly the reason why I tabled the Amendment and why the Labour party seeks to have these people recognised. That recognition would allow such relatives to access the support and care they need, and begin to shine a light on a shamefully under-scrutinised and ignored sphere of criminality and wrongdoing.
We do not need to look much further than the facts of the cases and the experiences of the families to realise that those relatives should be recognised and have the support and guidance that that would, or should, bring. The criminality and wrongdoing in those cases, the interaction with court processes and the justice system, and the trauma experienced, make the argument for inclusion clear. Although in many cases, they may not ever get a criminal sanction against the perpetrator, there are inquests and domestic homicide reviews, as my hon. Friend said. Honestly, to be a victim in this country, whether that is one recognised by this Bill or not, is hard work. Imagine doing that work when your daughter or your sister has died.
There are other concerns about why this recognition is important, which are to do with unchecked criminality and wrongdoing. In these heartbreaking cases, where the deceased took her own life—I use the pronoun “she” due to the gendered nature of domestic abuse—there is clear evidence that she was driven to suicide by the abuse she suffered at the hands of a domestic abuse perpetrator.
The feelings of injustice for bereaved families when the abuser escapes all responsibility for the death must be unbearable. Families find themselves in an agonising position of having watched their loved one experience horrendous criminality—violence, abuse, coercive control—and the unrelenting horror day after day, hour after hour, until their loved one was driven by desperation to take their life. Currently, in those cases, criminality is going completely unchecked, un-investigated and unchallenged. Perpetrators remain free to harm again and again. Bereaved families are left feeling failed by the justice system, and the opportunities to address issues and learn lessons are being missed.
There has been one successful prosecution of that type of case. In 2017 R v. Allen, the perpetrator pleaded guilty to manslaughter—if we are relying on cases where men plead guilty, we are on a hiding to nothing—in respect of the death of his former partner, Justene Reece, who had taken her own life after experiencing years of coercive control, stalking and harassment. Justene had left a suicide note explaining that she could not endure her stalker’s behaviour any longer. That case is a clear precedent.
Janet Daby
Labour, Lewisham East
Only last week, we heard from the Domestic Abuse Commissioner, who said that the broader the definition is, the better it will be for victims.
Jess Phillips
Shadow Minister (Home Office), Shadow Minister (Domestic Violence and Safeguarding)
Absolutely. I have worked with the Domestic Abuse Commissioner. There is a huge area of hidden homicide that we are concerned about, and suicide is one of the areas where we are just not getting the data about how many women are dying because of domestic abuse, unless they are directly killed.
The case that I described provides a clear precedent, and there is hope that more cases will follow, but currently families find very limited access to such justice and answers. It is clear that for such prosecutions to happen, police officers must proactively undertake evidence gathering for domestic abuse offences post death, for example by listening to the concerns of family members, taking witness accounts, reviewing records held by medical, statutory and third sector agencies, and looking through financial records and electronic communications. This is not commonplace in cases of domestic abuse where the victim is alive. It is certainly not commonplace in cases where the victim has died.
The police seem to have a distinct lack of professional curiosity in such cases. In research by Advocacy After Fatal Domestic Abuse and the University of Warwick, titled “An Analysis of Domestic Homicide Reviews in Cases of Domestic Abuse Suicide”, families reported police failing to investigate adequately, police not acting on the information given by families and friends about perpetration of domestic abuse, evidence not being captured, evidence and personal effects of the deceased being returned to the surviving partner or ex-partner, police not considering domestic abuse when attending suicide cases, and a lack of senior police oversight in investigations of suicides.
One family member included in the research submitted 74 exhibits of screenshots and photographs in the aftermath of her daughter’s death, but felt dismissed out of hand by the officer in charge when she presented them. She said:
“I said to him, I’ve brought this because I think it’s important information. Every time he took a piece of paper off me…[he] slammed it on the desk. I said to him, are you not going to look at them? He said, there’s no point…it’s irrelevant…your daughter took her own life…It was like she wasn’t important when she was alive and…she’s not important now she’s dead.”
Other institutions also deny these families any form of justice or an understanding of what happened to their loved one. Take domestic homicide reviews. In many cases, even though the statutory criteria are met, families have to fight tooth and nail to ensure that a domestic homicide review is commissioned, normally only with the help of an advocacy organisation such as AAFDA. Inquests and coroners courts often demonstrate a lack of understanding of domestic abuse. In the research I mentioned, one DHR chair reflected that, in their experience,
“Coroners often see...women as kind of weak, they’re so misguided and they take their own lives, and they should have stood up for themselves and left…So you get that kind of reference to, you know, extreme attention-seeking. And it’s not that. It’s that you’re utterly worn down by someone who often is so cleverly manipulative…I don’t think Coroners understand that at all and the barriers to leaving and all those sorts of things…I don’t think they have an understanding of how all these little things are really damaging.”
Those examples of interactions with criminal justice systems or inquest procedures clearly highlight the crucial need for advocacy and support for families who lose a loved one to suicide following domestic abuse. One family member explained that
“you’re thrust, in a nanosecond your life flips on its axis, and not only are you dealing with the impact of losing someone so precious, especially in circumstances like this…you have to learn a whole new language…and then there’s timeframes, you’ve got to have this done by that…you’ve got this agency asking you for that, you’ve got someone questioning you, the police are calling you up”.
Research has found that having access to support and advocacy is overwhelmingly positive for families, helping them to feel empowered, but for most that support comes about only by luck or lengthy effort on their part. The mental health impact must not be underestimated. The trauma experienced by families is unimaginable. As one professional who works with such bereaved relatives put it, losing a loved one to suicide is
“one of life’s most painful experiences. The feelings of loss, sadness, and loneliness experienced after any death of a loved one are often magnified in suicide survivors by feelings of guilt, confusion, rejection, shame, anger, and the effects of stigma and trauma. Furthermore, survivors of suicide loss are at higher risk of developing major depression, post-traumatic stress disorder, and suicidal behaviors, as well as a prolonged form of grief called complicated grief. Added to the burden is the substantial stigma, which can keep survivors away from much needed support and healing resources. Thus, survivors may require unique supportive measures and targeted treatment to cope with their loss.”
It is clear that families who find themselves in that devastating situation desperately need more support to navigate the complex legal processes and get access to the support they need.
Before I close, I want to argue that recognising relatives as victims in this way is also symbolic of the need for much greater scrutiny and reform in this area of policy. We do not even know the true scale of the issue, because of the lack of data. The Centre for Women’s Justice states:
“As far as we are aware, the only research that addresses the national level prevalence of domestic abuse-related suicide in England and Wales is research by Sylvia Walby, published as far back as 2004. She extrapolated from research conducted elsewhere to suggest that more than one-third of female suicides in England and Wales are partly caused by women having been subjected to domestic abuse. Despite this alarming finding, there has not been further research to gather national data on this issue directly.”
That is unacceptable. This area of policy urgently needs addressing to support and protect the families, but also to stop abusers being allowed to escape any form of justice.
I cannot complete this speech without drawing the Committee’s attention to another cohort of cases: “suicides” that are potentially suspicious deaths following domestic abuse. These are cases where domestic abusers could be literally getting away with murder by killing their partner and staging it as a suicide. We know that such cases happen. For example, the death of Lesley Potter was presented to the police by her husband Derek Potter as a suicide. He later admitted that he had strangled her to death. Katie Wilding and her partner Mitchell Richardson were found dead from drug overdoses. Richardson had been convicted of assaults against her, and she was deemed at high risk. A month before, he had told Katie’s mother that he would kill her daughter with drugs before killing himself.
Families of those whose deaths are immediately treated by police as suicides, including by hanging and overdose, report that crucial evidence is lost right from the moment that the police arrive. The area is not treated as a crime scene, the scene is not secured, and the golden hour when evidence should be preserved is lost. Despite families reporting a history of domestic abuse and violence to police in these situations, and reporting that the perpetrator of that abuse might be involved in their loved one’s death, they are not questioned, forensics are not taken, witnesses are not spoken to and phone records are not preserved. The coroner is notified of the death, but no forensic post mortem will be requested.
Families in the midst of extreme grief have no idea at that moment of the importance of that golden period. Cases are not continued through the criminal court, and when it comes to the inquest families have limited or no evidence with which to explore their concerns and the circumstances that led to the death of their loved one. Murderers are literally getting away with murder because of the lack of competent investigation by police.
We must start seeing these “suicides” as what they are: horrific criminal actions that have led to a death, commonly of a woman. We must demand professional curiosity in these cases so that they are investigated competently. We must have court processes that reveal the truth and deliver justice. We must support the families going through hell, who just want answers. Recognising these families as victims is a step in the right direction, but we must go much further.
Edward Argar
The Minister of State, Ministry of Justice
2:45,
27 June 2023
I am grateful to the hon. Member for Birmingham, Yardley for raising this important issue and for referring, as the right hon. Member for Garston and Halewood did, to pre-legislative scrutiny. I hope to have given Committee members some encouragement that on occasion I agree to changes, and perhaps to a different approach from that in the original draft of the Bill.
As the hon. Member for Birmingham, Yardley set out, her Amendment 54 would extend the definition of a victim in the Bill explicitly to include families impacted by the death by suicide of a loved one as a result of domestic abuse. In her remarks, the hon. Lady quite rightly went wider than that, highlighting investigatory issues and broader prosecutorial issues. I have—as, I suspect, does every member of the Committee—huge sympathy for the families in the position that she set out. Before I turn specifically to the impact of her amendment, and I wish to touch on some of the support available for them,.
The Ministry of Justice provides police and crime commissioners with grant funding to commission local, practical, emotional and therapeutic support services for victims of all crime types, based on their assessment of needs. The Department for Health and Social Care has committed to publishing a new national suicide prevention strategy later this year and is engaging widely across the sector to understand what further action can be taken to reduce cases of suicide. The strategy will reflect new evidence and national priorities for suicide prevention across England, including actions to tackle known risk factors and targeted actions for groups at particular risk or groups of concern. An additional £57 million is being invested in suicide prevention by March 2024, through the NHS long-term plan.
I agree with the hon. Lady about the importance of the issue. With regard to her amendment, we are not convinced that explicitly extending the definition of a victim of crime in the Bill and the code is the right approach to appropriately support the families. Part 1 of the Bill specifically sets out how victims who have suffered harm as a direct result of criminal conduct are treated by and supported to engage with the criminal justice system. Our view is that that group is largely covered by the Bill’s definition of the bereaved family of a person who has died, including by suicide as a direct result of domestic abuse, which is captured by Clause 1(2)(c):
“where the death of a close family member of the person was the direct result of criminal conduct”.
In the context, domestic violence is criminal conduct. I appreciate—this is potentially where the nuance lies, and why the hon. Lady might be pushing for greater clarity—that that will be fact-specific for each case in the circumstances. It is a complicated area and each case will be complicated but, as I say, we believe that clause 1(2)(c) captures this.
I know that we have discussed the need for clarity and awareness about entitlements among victims and agencies. As I am sure the hon. Member for Birmingham, Yardley is aware from her Shadow ministerial role, the Government are consulting on and clarifying the position in the domestic homicide review to formally recognise this cohort of victims. With her permission, I will gently encourage her not to press her amendment at this point, but in the context of the broader work being done I hope she will allow me, in the short term, to write to her with greater clarity on our interpretation of clause 1(2)(c)—she may wish to challenge that in the future, of course; she is entitled to—and to see if we are able to factor in the broader work being done before we reach Report.
Jess Phillips
Shadow Minister (Home Office), Shadow Minister (Domestic Violence and Safeguarding)
I thank the Minister. I would absolutely welcome it if he wrote to me and the Committee about exactly how Clause 1(2)(c) encompasses what I seek, so that those families have an opportunity. It is good when Ministers say things in Committee that we can use to ensure that families get support. I will withdraw the Amendment at this stage. I am not always especially keen on the Government, but the level of progress in the area of hidden homicides, certainly under the previous Home Secretary, is to be admired. I do not think that the Government are without concern on the issue of suicide in cases of domestic abuse. Thanks to what the Minister says, I beg to ask leave to withdraw the amendment.
Edward Leigh
Conservative, Gainsborough
With this it will be convenient to discuss Amendment 42, in Clause 2, page 2, line 25, at end insert—
“(3A) The victims’ code must make provision for services for victims who are children under the age of 18 who have suffered harm and are victims of, or witnesses to, criminal conduct.
(3B) In determining what services are appropriate under subsection (3A), the Secretary of State must have regard to the provisions of the Youth Justice and Criminal Evidence Act 1999 in respect of children under the age of 18.”
This amendment would require the victims’ code to contain specific provision for children who are victims or witnesses, in line with the provisions of the Youth Justice and Criminal Evidence Act 1999.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
Amendments 63 and 42 are supported by the NSPCC; I am grateful for its help, which has enabled me to table them. They are designed to ensure that all children under the age of 18 who have experienced harm as a victim of or witness to a crime are within the scope of the Bill and have access to special measures in line with the existing provisions on vulnerable witnesses in the Youth Justice and Criminal Evidence Act 1999.
The inclusion of children as victims of domestic abuse within Clause 1, in accordance with the Domestic Abuse Act 2021, is welcome. However, children experience many different forms of abuse, exploitation and serious violence, as shown by the remit of the Bill. In many cases, children can experience more than one form of abuse at the hands of one or multiple perpetrators.
The scale of child abuse in this country, as we know, is devastating. The Centre of Expertise on Child Sexual Abuse estimates that, based on the available evidence, one in 10 children in England and Wales are sexually abused before the age of 16. At a conservative estimate, the number of children sexually abused in a single year is around half a million. In 2021-22, there were more than 16,000 instances in which local authorities identified a child sexual exploitation case as a factor at the end of an assessment by social workers. There were 11,600 instances in which gangs were a factor, and 10,140 in which child criminal exploitation was a factor. Research by the Children’s Commissioner found that 27,000 children were at high risk of gang exploitation but had not been identified by services, and were therefore missing out on vital support to keep them safe.
For the Bill to truly support all young victims and witnesses, clause 1 must refer to the eligibility criteria in the Youth Justice and Criminal Evidence Act 1999, which provides for enhanced rights and special measures for those under the age of 18 at the time of the offence. The victims code of practice also recognises the issue, under its definition of “vulnerable or intimidated” victims, by affording eligibility to under-18s to have access to enhanced rights and special measures. Special measures include, but are not limited to, screening witnesses from the accused, providing evidence by live link, the removal of wigs and gowns, and video-recorded cross-examination.
However, despite the Crown Prosecution Service stating that special measures are available for vulnerable and intimidated witnesses to give their best evidence in court—and to help to relieve some of the stress associated with giving evidence—the Victims’ Commissioner has found that young victims were neither informed about nor in receipt of all their rights under the victims code, including access to special measures. For many children, the current justice system is simply not supporting their needs. That often compounds the abuse that they have suffered.
In oral evidence last week, this Committee heard the Children’s Commissioner explain that children and young people do not necessarily understand or report their experiences in the same way as adults. NSPCC research has previously found that special measures were seldom used. Being accompanied by a neutral supporter of the young witness’s choice, closing the public gallery in sexual offence cases, combined special measures—such as preventing the defendant’s view of the child on the live link—and giving evidence over a live link, away from the trial, were sadly rarely used. Some areas had no non-court remote sites at all.
Our courts desperately need the funding and resources to ensure that there are suitable facilities accessible for all victims’ needs and preferences. I welcome the roll-out of section 28 pre-recorded evidence in all courts, but it is key that the victim or witness can provide their evidence how they choose. For children, we must ensure that that is an informed choice.
NSPCC research also found that 150 witnesses waited an average of 3.5 hours at magistrates courts or youth courts and 5.8 hours at a Crown court, despite the victims code committing to ensure that victims giving evidence
“do not have to wait more than two hours”.
It is imperative that all victims under the age of 18 be recognised as eligible for special measures under section 16 of the Youth Justice and Criminal Evidence Act 1999, so that they are recognised by all relevant agencies as vulnerable and therefore receive their enhanced rights. We need to actively include children within the definition of a victim so that they can be afforded the appropriate support to which they are entitled, in a way that they can understand and access. Will the Minister explain whether he will take any additional steps, either in the guidance or separately from the proceedings of the Bill, to ensure that all child victims and witnesses can access their rights, particularly special measures?
Edward Argar
The Minister of State, Ministry of Justice
3:00,
27 June 2023
Amendment 63 seeks to add wording to the definition of a victim to explicitly state that it includes children. I reassure the hon. Lady that children who are
“a victim of, or a witness to, criminal conduct” are already covered by the definition of a victim under part 1 of the Bill, and included in the current victims code. The relevant provision of the Bill—Clause 1(2)(a)—says
“where the person has seen, heard, or otherwise directly experienced the effects of, criminal conduct at the time the conduct occurred”,
and that is not an age-specific or age-exclusive point; it is universally applicable.
The definition of a victim covers individuals, including children, who have suffered harm as a direct result of being subjected to a crime. It also covers persons, including children, who have suffered harm as a direct result of certain circumstances, including the death of a close family member as a direct result of criminal conduct, and being born from rape. The hon. Lady quite understandably made a number of broader points about the operation of the criminal justice system and the courts. I will confine my remarks to the amendments, but I note those points.
The Bill’s definition of a victim has been amended, as the hon. Lady touched on, to align with the full definition of domestic abuse in part 1 of the Domestic Abuse Act 2021, which will also be set out under the new victims code. The purpose is to have clarity and proper read-across between different pieces of legislation. The Bill therefore defines child victims who witness or experience the effects of domestic abuse as victims in their own right.
Individuals—again, including children—who witness a crime are covered by the Bill. We have described that as seeing, hearing or otherwise directly experiencing the effect of a crime at the “time the conduct occurred”, which ensures that we do not exclude individuals who have been harmed by witnessing a crime even if they were not physically present when it occurred. For example, they may have seen it occur online as it was happening if it was being streamed or similar.
We recognise that individuals will be affected differently after witnessing a crime. That is why we have specified that an individual will be defined as a victim only if they have suffered harm as a direct result of witnessing criminal conduct. In that context, amendment 63 is unnecessary as children are already covered by the definition in the Bill, which, as I said, also aligns with the DA Act 2021.
Amendment 42 would require the victims code to contain specific provision for children who are victims or witnesses. Again, I reassure the hon. Lady that the definitions in both the Bill and the victims code include adults and children alike. Children are also explicitly recognised in the current victims code as vulnerable victims. Some of her points—for example, on how a court case is run and the length of time given for evidence—will, to a degree, be down to the way a judge runs that particular case with judicial independence and discretion. However, that explicit recognition in the victims code means that children have entitlements and “enhanced rights”, such as getting information about key decisions more quickly.
That recognition is set out in the enhanced rights section of the code, which specifies that victims are “eligible for enhanced rights” if they are
“under 18 years of age at the time of the offence”.
Young people are automatically eligible for the special measures included in the Youth Justice and Criminal Evidence Act 1999, which the hon. Lady mentioned, when they are giving evidence. Such measures can include communication assistance through a registered intermediary, giving evidence by live link or having their evidence pre-recorded, subject to the agreement of the court or the judge.
I fully support the aim of making the victims code as clear as possible about the different and distinct needs of children. The hon. Lady is aware that we will be consulting on a new victims code after this Bill gains Royal Assent, and we have published a draft to inform the debate prior to that formal consultation. This is one of the areas that we will be focusing on in reviewing and updating that code.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
The Minister is right to say that the special measures are subject to a judge’s discretion. I wonder whether, when he is looking at updating the guidance and the code, he could look quite closely into that, because of the example in Rotherham, where we have the ongoing past cases of grooming gangs. We are finding that the National Crime Agency tries to go for one judge, who is very aware of the need for special measures and very supportive of that. The concern is that, across the country, other judges are more subjective with regard to whether they think special measures are an automatic right and what the threshold is. Therefore, when the Minister is doing his review, will he look specifically at the guidance to judges about whether to allow special measures?
Edward Argar
The Minister of State, Ministry of Justice
I hope that the hon. Lady will forgive me if I resist the temptation to stray into areas that are properly judicial—related to judicial independence and, indeed, training and the Judicial College. I am very cautious about trespassing on judicial independence. She has made her point on the record, but as a Minister I have to be a little cautious in that respect.
The Children’s Commissioner, Dame Rachel de Souza, when she gave evidence to the Committee last week, welcomed the fact that work with her office had already begun. We are looking forward to working with her and others—including, indeed, in this House—as we prepare a further draft code for consultation. Given that the current code already includes provision for child victims and witnesses and that we have made a commitment to make that clearer in the new code, and given the definition in Clause 1(2)(a), I hope that I will persuade the hon. Lady not to press her Amendment to a Division at this point.
I am nearly done with my amendments—on this clause. [Laughter.] Sorry; but I will say up front that this is a straightforward probing amendment, which aims to ensure, in relation to determining whether a person is a victim for the purposes of this legislation, that the scope is expanded to include those who do not choose to report an offence to the criminal justice system. Clause 1 of the Bill has been substantially improved since the drafting. I am relieved that it states that
“in determining whether a person is a victim by virtue of any conduct, it is immaterial that no person has been charged with or convicted of an offence in respect of the conduct”.
However, I am keen for the Minister to clarify that this also does not require the victim to report the crime to a criminal justice body.
Janet Daby
Labour, Lewisham East
I want to refer again to the Domestic Abuse Commissioner, who said in her evidence to us:
“You are absolutely right: most victims do not report to the police. The reality is that it is probably one in six.”––[Official Report, Victims and Prisoners Public Bill Committee,
I just want to emphasise that point: many victims do not report to the police. Of course, there is a question following that, as to whether a prosecution takes place.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
My hon. Friend is absolutely right, as is the Domestic Abuse Commissioner. That is why it is imperative that all victims and witnesses, particularly children, can access support through this legislation without needing to engage with the criminal justice process.
I have worked with the NSPCC on this Amendment, as it raised concerns due to the fact that the Majority of crimes against children and young people are not reported to the police. It can be extremely difficult for victims and survivors to speak about their experiences of child sexual abuse, as revisiting traumatic childhood experiences often causes significant distress. Prior experiences of being silenced, blamed or not taken seriously by the justice system can discourage victims and survivors from disclosing child sexual abuse again.
The independent inquiry into child sexual abuse found that child sexual abuse is dramatically under-reported. The 2018-19 crime survey for England and Wales estimated that 76% of adults who had experienced rape or assault by penetration did not tell anyone about their experience at the time. A large number of the inquiry’s investigation reports noted that the true scale of offending was likely to be far higher than the available data appears to suggest. The Government’s own “Tackling Child Sexual Abuse Strategy 2021” noted that:
“People were even less likely to tell the police—only an estimated 7% of victims and survivors informed the police at the time of the offence and only 18% told the police at any point.”
Can the Minister guarantee, on the record, that the definition of victim includes those who choose not to report to the criminal justice system? The majority of victims, who choose not to report an offence, must still be able to access support under the Bill.
Edward Argar
The Minister of State, Ministry of Justice
I am grateful to the hon. Lady for the Amendment, which she has clarified is a probing amendment; she is seeking clarity from the Box, as it were, that someone can come within the definition of a victim in the Bill without needing to report the relevant crime. Let me reassure her at the outset that that is already the case in the Bill’s existing definition.
Victims of crime are considered victims under part 1 of the Bill, whether or not the offence has been reported to the police or any other criminal justice body. This is a fundamental part of the Bill, because we want to make it clear that victims of crime are able to access support services, regardless of whether they have reported a crime.
The point is covered by Clause 1(4)(b), which sets out that,
“criminal conduct” means conduct which constitutes an offence (but in determining whether a person is a victim by virtue of any conduct, it is immaterial that no person has been charged with or convicted of an offence in respect of the conduct).”
I am happy to clarify and build on that for the hon. Lady: reporting or conviction is not required to meet the threshold. That echoes the current victims code and approach, which is clear that relevant entitlements are available,
“regardless of whether anyone has been charged, convicted of a criminal offence and regardless of whether you decide to report the crime to the police or you do not wish to cooperate with the investigation.”
In the new draft code that we have published, that point is further highlighted in the opening section on who is a victim under the code, which explicitly sets out:
“The term ‘criminal conduct’ reflects the fact that you do not need to have reported the crime to the police to be considered a victim of crime. Some of the Rights under this Code apply to you regardless of your engagement with the criminal justice system.”
The reason it is worded that way is because some of the rights are clearly worded as only to be directly relevant if someone is in the criminal justice process. It is explicit there that the code would apply to the individuals that the hon. Lady seeks to ensure are encompassed in this context.
I appreciate that the amendment seeks to make the fact that reporting is not required as clear as possible. Our view is that the amendment is not necessary because of the current drafting of the Bill and the wording of the revised victims code.
Noting the hon. Lady’s words that this is a probing amendment, I hope she will not feel the need to press it further.
Anna McMorrin
Shadow Minister (Justice)
I want to put on the record my thanks to the Clerks here, but also to Claire Waxman and Dame Vera Baird, who have steadfastly demonstrated their commitment to championing victims’ rights.
Dame Vera’s commitment has not wavered, even though she left her role as Victims’ Commissioner last September. Victims and advocates have continued to step up and make their voices heard, even when the Government have delayed the promised Bill time and again—we have been waiting eight years for it. Many victims, advocates and groups have continued to campaign and champion the issues. I particularly commend Claire Waxman, who has been pushing for this Bill for 10 years. Without those people, we would not be where we are today—at long last sitting here and scrutinising the Bill, line by line.
I also wanted to put on the record my disappointment that the Victims’ Commissioner role is not yet filled; victims have now not had a commissioner for nine months. It is particularly important as we begin debating the Bill line by line that that is put on the record. I hope that the Minister will update the Committee on the Department’s efforts to fill the role, because the delay has led to a lack of scrutiny of the Government, particularly in this area and in the months leading up to the Bill.
We know that the Bill is absolutely necessary. Victims have been let down and excluded—lost in the justice process—for far too long. When victims have responded to Victims’ Commissioners surveys, on the whole they have said that they have been left behind. That experience was documented by the last Victims’ Commissioner, but it is also what victims constantly tell me as the Shadow Minister with responsibility for victims.
Edward Leigh
Conservative, Gainsborough
3:15,
27 June 2023
This is very general; we are debating Clause 1.
Anna McMorrin
Shadow Minister (Justice)
Yes, that is what I am looking at right now. I wanted to make a couple of general points, because we are beginning the line-by-line scrutiny of the Bill, if you will just allow me to do so, Sir Edward; you are being very generous—thank you.
We can only do this by working together. I turn to the amendments that we have discussed today—the critical ones tabled by my hon. Friend the Member for Rotherham, who is a steadfast champion for the rights of those who have been abused and for the rights of children. I commend her for that work. The amendments we have discussed seek to strengthen Clause 1 on the definition of a victim, and they particularly consider antisocial behaviour and child criminal exploitation.
My hon. Friend the Member for Birmingham, Yardley, when speaking to her Amendment 54, made some emotive points on death by suicide and the impact on family members.
I hope that we can work together as we move forward in our consideration of the Bill, so that amendments, including those to clause 1, are discussed and debated, and so that we can amend the Bill later down the line, and so that victims’ rights, particularly the rights of child victims, are clearly defined in the Bill and that we strengthen the Bill as a result.
Edward Argar
The Minister of State, Ministry of Justice
I am grateful to right hon. and hon. Members for their points. It is important and right that we have taken a considerable amount of time to consider this Clause on the definition of a victim, which of course is central—quite understandably—to what this Bill is about. It is a piece of legislation that I am pleased to be taking through Committee. If it does not harm my prospects with the Whips to say so, I will say that when I first entered this House in 2015 I took a close interest in working on this issue, alongside Keir Starmer, having both been elected at the same time.
The hon. Member for Cardiff North mentioned the role of Victims’ Commissioner, which, as she will appreciate, is an extremely important post. We have seen a number of changes of Lord Chancellor in recent years. As she would expect, the new Lord Chancellor takes a very close interest in the position and is determined to make sure that he gets things right, gets the right person and that the process is properly followed. I know that he is as keen as she is to see the post filled, but filled properly.
Anna McMorrin
Shadow Minister (Justice)
I appreciate the Minister’s answer. Could he come back to the Committee with a timetable for the appointment?
Edward Argar
The Minister of State, Ministry of Justice
It is probably premature to offer a prescriptive timetable, but I know that it is very much on the Lord Chancellor’s mind and that he recognises the importance of the role.
I am grateful for the debate on Clause 1 and the various amendments. It is clear that we all agree on the importance of the clause. As I have alluded to, I am happy to work across the House where possible to see whether there are ways that we can address the points that have been raised.
Our intention in clause 1 is to define “victim” for the purposes of the relevant clauses in part 1 of the Bill, so that it is clear who is covered and entitled to benefit from the measures. If I may put it this way, we have sought to be more permissive and less prescriptive to avoid inadvertently excluding particular groups. In resisting some of the amendments, we have tried to avoid an approach that is duplicative. We do not need to put something in the Bill if there are other ways that we can achieve the same objective.
The clause focuses on victims of crime, which is relevant to the Bill’s measures designed to improve support services for victims, regardless of whether they report the crime, and to improve compliance with the victims code. I am grateful for the constructive engagement on the clause. I believe that the definition as drafted is a good definition, but there are certain points that I will take away and reflect on further.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
On a point of order, Sir Edward. Amendments 44 and 49 have been grouped together, but they have little to nothing to do with each other. Is there any way to separate them, or am I stuck with that group?
Edward Leigh
Conservative, Gainsborough
You can ungroup them, if you want.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
Please can I ungroup them?
Edward Leigh
Conservative, Gainsborough
Well, I can ungroup them. We will deal with them separately.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
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As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
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violence occurring within the family
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