Clause 16 - Commissioner for Victims and Witnesses

Victims and Prisoners Bill – in a Public Bill Committee at 9:25 am on 4 July 2023.

Alert me about debates like this

Question proposed, That the clause stand part of the Bill.

Photo of Edward Argar Edward Argar The Minister of State, Ministry of Justice

It is a pleasure to serve under your chairmanship, Mr Hosie.

Clause 16 raises the profile of the Victims’ Commissioner, a vital and powerful voice for victims. Previous office holders—we have spoken of them in previous sittings: Louise Casey, Helen Newlove and Vera Baird—have all been dedicated in speaking up for the needs of all victims and witnesses, especially the most vulnerable.

The Victims’ Commissioner plays a crucial role in advising national policymaking, raising awareness of the common issues faced by victims and witnesses, conducting research, and assessing how the criminal justice and victim support agencies comply with the code. However, in the 2021 victims consultation, we heard that the commissioner requires further powers to effectively carry out their duties.

The clause introduces a requirement for the Victims’ Commissioner to lay their annual report in Parliament, which will give greater prominence to the report and amplify victims’ voices. It also bolsters the status of all Victims’ Commissioner reports by requiring Departments and agencies under the remit of the Victims’ Commissioner to respond to recommendations directed at them in all published reports within 56 days. They must say what action they plan to take in response to the report or explain why no action will be taken.

Photo of Edward Argar Edward Argar The Minister of State, Ministry of Justice

I will, but I suspect that I know the question.

Photo of Maria Eagle Maria Eagle Labour, Garston and Halewood

I am grateful to the Minister for giving way so early in his remarks. Does he agree that for a Victims’ Commissioner to be effective, they have to be in post? Can he give us an update on how the recruitment of Dame Vera Baird’s successor is going? There has now been a gap between Dame Vera leaving and whoever the new postholder is to be taking up their post.

Photo of Edward Argar Edward Argar The Minister of State, Ministry of Justice

I am grateful to the right hon. Lady for her Intervention; I said that I thought that I could predict her question, and I did—in my head—with a fair degree of accuracy. I gently refer her to the response that I gave to the Shadow Minister, the hon. Member for Cardiff North, in our deliberations last week. This is a hugely important post, as the right hon. Lady highlighted in her intervention, and it is right that we take it seriously and get it right.

I suspect that Opposition Members may raise wry smiles at this, but we have had a number of Lord Chancellors in the past year. The Victims’ Commissioner is an important post to which a Lord Chancellor can recommend an appointment to the Prime Minister. The current Lord Chancellor has been in post for a few months now, and he wants to ensure that he reviews the situation and gets it right so that he is happy with the postholder, but he shares my view—and indeed that of the right hon. Member for Garston and Halewood—that it is important that we get this done properly and as swiftly as possible.

The proposals in Clause 16 will better hold agencies to account and ensure that they are actively considering victims’ experiences and how they can be improved. The clause also adds to the list of agencies that the Victims’ Commissioner may make recommendations about, crucially adding police and crime commissioners and the criminal justice inspectorates.

As set out previously, the Bill also puts in place mechanisms to improve the processes for monitoring compliance with the victims code, both locally and nationally. The Victims’ Commissioner is expected to have an important voice in those discussions, where systemic issues have been escalated, so that action can be taken to drive improvements. Together, the measures add to the existing broad Victims’ Commissioner powers, allowing the Victims’ Commissioner to tailor their role as they see fit to achieve their functions and outcomes for victims. We expect that that will result in better treatment of victims at both local and national levels, fulfilling the most important function of the Victims’ Commissioner.

As set out in previous Committee sittings, and as I said to the right hon. Member for Garston and Halewood, a recruitment process is under way, and we take it extremely seriously. With that in mind, I commend clause 16 to the Committee.

Photo of Anna McMorrin Anna McMorrin Shadow Minister (Justice)

I thank the Minister for addressing the Clause. As I have already outlined, regarding my previous amendments that would have strengthened the powers and authority of the Victims’ Commissioner, we fully support the function of a robust and independent Victims’ Commissioner. We first asked for a provision to grant the commissioner a statutory duty to prepare and issue a report to lay before Parliament in early 2021, so I am glad that the Government have finally caught up and heeded our calls.

We believe that victims’ rights should be a parliamentary responsibility, and I am pleased that the report will not just go to the Secretary of State. During the evidence sessions, Dame Vera raised her concerns about the efficacy of the data that will be available to the commissioner for the purposes of their report—something that I have also raised in debates on earlier amendments. Will the Minister outline how a future Victims’ Commissioner, when appointed, will receive the appropriate data and information to allow for independent scrutiny? The Bill at present fails to do that.

The Victims’ Commissioner’s powers under clause 16 do not go far enough in ensuring that victims have a steady, reliable voice that criminal justice agencies and the Government must listen to. Granting agencies the duty to respond to the commissioner’s recommendations is a welcome first step, but how will the Government ensure that agencies respond and comply? I understand that the Domestic Abuse Commissioner is still waiting for a response to their “Safety Before Status” report five months after the deadline. Can the Minister explain why the Government do not believe it is necessary to respect the powers of the Domestic Abuse Commissioner and respond to such a pivotal report? Can he reassure all of us here that exactly the same practice will not just happen again to the Victims’ Commissioner?

Photo of Edward Argar Edward Argar The Minister of State, Ministry of Justice

There were a number of points there, to which I will respond swiftly for the benefit of the Committee. I note the point made by the Shadow Minister about having asked for such provision in 2021. In a gentle way, I must say that she was beaten to it—by Dame Vera, in fact; she and I had discussions about how that might happen in 2018-2019, just before I was reshuffled to the Department of Health and Social Care, so I am pleased to see the measure before us today.

The Bill already contains data transparency provisions and a duty on the Secretary of State and others to publish the data at both a local and national level. That will give a huge additional layer of data granularity for not just the Victims’ Commissioner, but others, including Members of this House, to scrutinise.

I turn to the duty to respond. I suggested to the right hon. Member for Garston and Halewood that I had predicted her question. I thought this could have been the other question she might have gently sent in my direction—about the “Safety Before Status” report and the response time to it. I note that the other report by the Domestic Abuse Commissioner was responded to. We always seek to respond within the timelines set out. As the hon. Member for Cardiff North will be aware, that particular report is a matter for the Home Office, but I will ensure that my colleagues in the Home Office are made aware of her remarks.

Question put and agreed to.

Clause 16 accordingly ordered to stand part of the Bill.

Clause

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.

clause

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.

give way

To allow another Member to speak.

Minister

Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.

Prime Minister

http://en.wikipedia.org/wiki/Prime_Minister_of_the_United_Kingdom

Lord Chancellor

http://en.wikipedia.org/wiki/Lord_Chancellor

Chancellor

The Chancellor - also known as "Chancellor of the Exchequer" is responsible as a Minister for the treasury, and for the country's economy. For Example, the Chancellor set taxes and tax rates. The Chancellor is the only MP allowed to drink Alcohol in the House of Commons; s/he is permitted an alcoholic drink while delivering the budget.

intervention

An intervention is when the MP making a speech is interrupted by another MP and asked to 'give way' to allow the other MP to intervene on the speech to ask a question or comment on what has just been said.

Opposition

The Opposition are the political parties in the House of Commons other than the largest or Government party. They are called the Opposition because they sit on the benches opposite the Government in the House of Commons Chamber. The largest of the Opposition parties is known as Her Majesty's Opposition. The role of the Official Opposition is to question and scrutinise the work of Government. The Opposition often votes against the Government. In a sense the Official Opposition is the "Government in waiting".

shadow

The shadow cabinet is the name given to the group of senior members from the chief opposition party who would form the cabinet if they were to come to power after a General Election. Each member of the shadow cabinet is allocated responsibility for `shadowing' the work of one of the members of the real cabinet.

The Party Leader assigns specific portfolios according to the ability, seniority and popularity of the shadow cabinet's members.

http://www.bbc.co.uk

Secretary of State

Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.