Victims and Prisoners Bill – in a Public Bill Committee at 2:00 pm on 29 June 2023.
Anna McMorrin
Shadow Minister (Justice)
2:00,
29 June 2023
I beg to move Amendment 11, in Clause 3, page 3, line 29, at end insert
“and the Commissioner for Victims and Witnesses.”.
This amendment would require the Secretary of State to consult the Commissioner for Victims and Witnesses when preparing a draft of the victims’ code.
Julie Elliott
Labour, Sunderland Central
With this it will be convenient to discuss the following:
Clause 3 stand part.
Amendment 12, in clause 4, page 4, line 24, after “Attorney General” insert
“and the Commissioner for Victims and Witnesses”.
This amendment would require the Secretary of State to consult the Commissioner for Victims and Witnesses when revising the victims’ code.
Clause 4 stand part.
Anna McMorrin
Shadow Minister (Justice)
Amendments 11 and 12 address the same issue. Amendment 11 falls under Clause 3 concerning the drafting of the victims code, and amendment 12 falls under clause 4, which concerns its revision. Clause 3 outlines that it is the responsibility of the Secretary of State to prepare the draft code and, in doing so, must consult the Attorney General. Amendment 11 would place a duty on the Justice Secretary also to consult the Victims’ Commissioner. Amendment 12 would place a duty on the Justice Secretary to consult the Victims’ Commissioner on any future revision of the code. These are the first of several amendments I have tabled to strengthen the powers and authority of the Victims’ Commissioner.
The Victims’ Commissioner is a public office established by Parliament in the domestic violence, Crime and Victims Act 2004 to encourage good practice in the treatment of victims and witnesses in England and Wales. It is independent of Government and works to raise awareness of issues faced by victims, conduct research, promote good practice and hold agencies to account on the treatment of victims. I pay tribute to Dame Vera Baird, the former Victims’ Commissioner, who resigned in September last year after three years in post. Dame Vera was integral to shining a spotlight on the harmfully low number of prosecutions, and she secured safeguards against excessive requests for victims’ mobile phone data in rape investigations. If the Government accept both my amendments, they would go a long way towards demonstrating that they understand the value and authority of the Victims’ Commissioner’s office by ensuring it is integral when looking at the revised victims code.
During the evidence session last week, when asked if the Victims’ Commissioner should be consulted in the drafting and revision of the victims code, Dame Vera said,
“Yes, it is imperative... To be fair, the Government did consult us. It took about two years to get the victims code together. In fact, I am not sure if Mr Argar was not the Victims Minister when it started the first time around. It took a very long time... although I have to say we brought no change. There must be meaningful consultation, but the Victims’ Commissioner has to be in there.”
She went on to say,
“in all the provisions about drafting codes and making changes, where it says you should consult the Attorney General, you have to consult the Victims’ Commissioner as well. This is about victims.”––[Official Report, Victims and Prisoners Public Bill Committee,
The Victims’ Commissioner has a statutory duty to keep the code under review, but the Secretary of State for Justice is not obliged to consult the Victims’ Commissioner on revisions of the code. I am not sure how they are not mutually exclusive. The Victims’ Commissioner is established to be
“a promoter, an encourager, and a reviewer of operational practice, and is the only statutory public body with these overarching duties in relation to victims”.
The Victims’ Commissioner has the singular responsibility to introduce a degree of accountability to how agencies, including central Government, treat victims and witnesses. If victims are given their rightful recognition as participants in the system, their rights must be fully respected and delivered at each stage of the process. Currently, the Victims’ Commissioner has the widest remit of any commissioner but the most limited powers. The powers relating to the victims code should be strengthened, so that the Victims’ Commissioner is consulted alongside the Attorney General.
Amendments 11 and 12 would make it obligatory for the Secretary of State to consult the Victims’ Commissioner on the preparation and revision of the victims code, rather than having the commissioner make proposals. This would also form part of the functions of the Victims’ Commissioner under section 49 of the Domestic Violence, Crime and Victims Act 2004—promoting the interests of victims and witnesses and keeping the code under review. It would also ensure that there is accountability and compliance with the victims code, and that standards are maintained at all levels. I hope the Minister will consider agreeing to the amendments.
Edward Argar
The Minister of State, Ministry of Justice
I thank the Shadow Minister for tabling amendments 11 and 12, which would place a statutory duty on the Secretary of State to consult the Victims’ Commissioner when preparing and revising the new victims code. The Victims’ Commissioner and their office are a vital and powerful voice for victims, and part of the commissioner’s statutory duty is to keep the operation of the code under review. In highlighting that, I will go a little further than the hon. Lady by paying tribute not only to Dame Vera Baird, but to Helen Newlove and Louise Casey. I think Louis Casey was the original Victims’ Commissioner, and Helen followed her in that role. In their different ways, all three have brought a huge focus and passion to the role, and I want to put on the record my gratitude to them all.
We have routinely engaged with the Victims’ Commissioner’s office on matters concerning the code since last September, and we will continue to do so when a new Victims’ Commissioner is appointed. As I highlighted in the previous sitting—I think it was after being prompted by a question from the shadow Minister, the hon. Member for Cardiff North—a recruitment process is under way, with the new Lord Chancellor taking a very close interest so that we get the right person into this vital post. I am keen to see it filled as swiftly as possible with someone of the calibre of the three individuals who have already held the post.
We recognise that it is essential that we consult experts, including the Victims’ Commissioner, when preparing or revising the code to ensure that it continues to reflect the needs of victims. The Bill already requires public consultation on the draft code under Clause 3(4) and, naturally, the Department engages thoroughly with the Victims’ Commissioner and their office as part of that process, as we always have done in the past. Public consultation provides an opportunity for a wide range of relevant stakeholders, practitioners and victims to make representations to the Government. For that reason, we do not consider it necessary to formally list each relevant stakeholder in legislation, including the Victims’ Commissioner, as the amendments would do.
I do recognise—the shadow Minister, the hon. Member for Cardiff North, may have alluded to it—that one role is listed for consultation: the Attorney General. That consultation is required ahead of the public consultation on the code and is explicitly included to reflect the Attorney General’s shared responsibility for the delivery of the criminal justice system and for the impact of the code. As hon. Members will know, ministerial responsibilities across the criminal justice system involve the Lord Chancellor and Secretary of State for Justice, the Home Secretary and the Attorney General. By practice, the Secretary of State for Justice will consult the Home Secretary as part of the process of preparing, issuing and revising the code. The Home Secretary, as the other Minister with direct operational delivery responsibilities, is not explicitly referred to because the technical drafting convention is that different Secretaries of State are not named in legislation.
I hope that I have provided assurance that the Victims’ Commissioner and their office will continue to be engaged on matters concerning the code, and that the hon. Member for Cardiff North will find those assurances satisfactory.
Clause 3 sets out the procedure for preparing and issuing the victims code. It restates the provisions in chapter 1 of part 3 of the domestic violence, Crime and Victims Act 2004, and requires the Secretary of State to prepare a draft code, to consult the Attorney General and hold a public consultation on it—that is crucial—and to lay the new code before Parliament and bring the code into operation by way of regulations. Clause 3 will ensure that there is proper external and parliamentary scrutiny of the new victims code before it comes into effect, so that it reflects the needs and services required, and the expertise of a broad range of interested stakeholders.
Clause 4 sets out the procedure for amending the victims code. It includes the same requirements for consultation and parliamentary scrutiny that are in clause 3. However, it also allows for the Secretary of State to make minor amendments without the need for public consultation. We recognise that it is vital to safeguard the victims code, and to ensure that there is proper consultation and the involvement of expertise when revising any future victims code. That is why the clause ensures that changes cannot be made to the code without that oversight, and cannot be made in a way that could significantly impact the quality, extent or reach of services. However, it is important that we can make minor amendments, such as corrections or clarifications when new procedures come into force, without a full lengthy public consultation. Doing so is prevented within existing legislation for the code and restricts our ability to keep the code up to date. The clause will allow us to update the code more quickly when genuinely minor changes are needed.
Anna McMorrin
Shadow Minister (Justice)
2:15,
29 June 2023
I thank the Minister for his response to these provisions. The Victims’ Commissioner has a statutory duty to keep the code under review. Because the Secretary of State, however, is not obliged to consult them, it is an area of the Bill that needs strengthening. The powers of the commissioner related to the victims code must be strengthened so that the Victims’ Commissioner is consulted alongside the Attorney General when the code is drafted and revised. That seems to me to be an essential part of the process to ensure that victims’ experiences are listened to and then represented in the drafting and revising of the code. That would also form part of the functions of the Victims’ Commissioner under section 49 of the domestic violence, Crime and Victims Act 2004—promoting the interests of victims and witnesses and keeping the code under review.
Importantly, the measures would also ensure accountability. The Minister alluded to that in terms of Parliament, but it is vital that the Commissioner is included formally within the process in the Bill. Although I will not press the Amendment to a Division, I hope that as we move forward through the Bill we can look at how the role of the Victims’ Commissioner can be strengthened. I beg to ask leave to withdraw the amendment.
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In the end only a handful of amendments will be incorporated into any bill.
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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.
The Attorney General, assisted by the Solicitor General, is the chief legal adviser to the Government. The Attorney General also has certain public interest functions, for example, in taking action to protect charities.
The Attorney General has overall responsibility for The Treasury Solicitor's Department, superintends the Director of Public Prosecutions as head of the Crown Prosecution Service (CPS), the Director of the Serious Fraud Office (SFO) and the Director of Public Prosecutions in Northern Ireland. The Law Officers answer for these Departments in Parliament.
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see also, http://www.lslo.gov.uk/
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.
violence occurring within the family
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