Victims and Prisoners Bill – in a Public Bill Committee at 9:25 am on 4 July 2023.
Stewart Hosie
Shadow SNP Spokesperson (Economy)
With this it will be convenient to debate clauses 18 to 20 stand part. [Interruption.] I will speak more slowly between clauses next time so that the Minister can find his notes.
Edward Argar
The Minister of State, Ministry of Justice
As the day goes on, Mr Hosie, I get more dextrous when it comes to finding the right piece of paper to respond to interventions or, indeed, to your swift running of the Committee.
These clauses have been grouped together, because while each separate Clause relates to each of the separate criminal justice inspectorates in turn, they all introduce the same measures. Each of the inspectorates named in the legislation has a role in the oversight of victim treatment in the criminal justice agencies they inspect. His Majesty’s inspectorate of prisons oversees the responsibilities prisons have to victims, and His Majesty’s inspectorate of probation oversees the delivery of probation’s responsibilities towards victims. That includes the victim contact scheme and the role of probation in protecting the public and keeping victims safe.
His Majesty’s inspectorate of constabulary and fire and rescue services oversees the delivery of the police’s responsibilities towards victims, including how forces protect vulnerable people and the service provided to victims throughout their engagement with police. His Majesty’s chief inspectorate of the Crown Prosecution Service oversees the delivery of the CPS’s responsibilities towards victims, including the victims communication and liaison scheme and the service provided to certain groups, such as victims of domestic abuse. Increasing transparency around the performance of criminal justice agencies and ensuring clear oversight when victims are treated poorly are both integral parts of driving improvements for victims. In delivering these aims, the inspectorates’ diligent reporting on the efficiency and effectiveness of criminal justice agencies is vital, and we fully recognise the importance of their work in ensuring victims are treated as they should be.
The inspectorates play a key role in scrutinising the performance of the agencies that they inspect and monitoring the delivery of recommendations, utilising tools such as re-inspections where required. Their work promotes effective practice, challenges poor performance and encourages improvement. We want to build on that foundation to deliver further progress for victims, with clauses 17 to 20 bolstering the inspectorates to enhance victim focus in their work.
The clauses will achieve that by empowering Ministers to jointly direct that a joint inspection programme must include provision for the inspection of victims’ issues, creating a sharper focus on how victims are treated and where to focus improvements. That new power will be an addition to existing ministerial powers to drive improvements with regard to code compliance. They will also be able to use the newly collected and shared code compliance information that we touched on in the debate on the previous clause to inform the use of the power. Joint inspections will involve the inspectorates working together to address cross-cutting systemic issues that impact victims and their experience of the criminal justice system.
Rob Butler
Conservative, Aylesbury
Will my hon. Friend join me in particularly welcoming the inclusion of His Majesty’s chief inspector of the Crown Prosecution Service, given that many victims’ experiences—sometimes adverse experiences—of the criminal justice system occur in the courts? Of course, it is not for us to tell the judiciary what it should do, as we have been reminded during the passage of the Bill. There is not an inspectorate of the court service in the same way, so does my hon. Friend agree that the inspectorate of the CPS can, to some extent, fulfil the role of improving the experience of victims through the court process?
Edward Argar
The Minister of State, Ministry of Justice
When I see my hon. Friend rise to ask a question, I always look at him with a degree of trepidation, because he knows of which he speaks, having for many years served in the youth justice system. He is right that, as well as the judiciary being independent, and that independence being, quite rightly, jealously protected, so too are individual prosecution decisions by the CPS. His Majesty’s Crown Prosecution Service inspectorate, exactly as he says, has the potential to make a huge impact here, because we often hear from many victims that the court stage of the process of seeking justice can be very challenging for them. The clauses will ensure that victims’ issues are comprehensively assessed, with associated action plans driving improvements so that victims receive the service they deserve.
Maria Eagle
Labour, Garston and Halewood
I am having a look again at the report of the Justice Committee—the pre-legislative scrutiny of what has ended up being the first part of the Bill. The Select Committee raised the issue that the general difficulty that inspectorates have relates to having levers available to them to ensure that their recommendations, if they are even accepted, are implemented. The inspectorates all use different methodologies. I wonder whether the Government have developed any plans to ensure that the inspections that he is legislating for give levers to the inspectorates, so that we do not merely get what often happens now, which is repeated reports making the same points, with the inspectorates having no way, even if their recommendations are accepted, of ensuring that anything is done about them.
Edward Argar
The Minister of State, Ministry of Justice
The right hon. Lady makes a couple of important points. First, on the different methodologies, while I expect that we will want to see consistency in the application of principles to them, I suspect that, by the nature of what they are inspecting and the independence of each of the inspectorates, there will be some tailoring and divergence in how they operate in terms of their inspections.
On the right hon. Lady’s broader point, which I think was the thrust of her Intervention, and the PLS point about how inspectorates get traction with their recommendations, we have set out in debates that we would expect the recommendations to be responded to and acted upon, but ultimately it will be for those who are accountable for running the individual services, be they Ministers, the Director of Public Prosecutions, or ultimately the Attorney General in the case of the CPS, to heed those recommendations and act on them.
I think that it is right that Ministers respond to, for example, the recommendations of His Majesty’s Prison and Probation Service, which answers directly to the Prisons Minister, and ultimately to the Secretary of State, but it would not necessarily be appropriate if Ministers were compelled to enact every recommendation without consideration. It is right that there is a degree of agency for the Secretary of State, for which of course they are accountable to this House and to hon. Members.
I suspect that if there were sensible recommendations to be made and a Secretary of State ignored them, the right hon. Member for Garston and Halewood would be one of the first to challenge them on the matter in this House. I think the provision strikes an appropriate balance. Any Secretary of State or agency head who did not give careful consideration to the recommendations of an inspectorate would be—“reckless” is the wrong word, so let’s say “courageous”, in the language of Sir Humphrey.
To conclude, the clauses require the inspectorates to consult the Victims’ Commissioner when developing their inspection programmes and frameworks. That will ensure that the commissioner can advocate for what matters most to victims, with their invaluable insight considered throughout the consultation process. Centring the victim experience in this way will promote positive change across the criminal justice agencies that are inspected. I commend the clauses to the Committee.
Anna McMorrin
Shadow Minister (Justice)
It is clear from my previous amendments to the Bill on expanding the powers of the Victims’ Commissioner that the commissioner should be widely consulted for the Majority of matters in the victims code. I am pleased that the Government have accepted the recommendation following pre-legislative scrutiny by the Justice Committee to place a duty on criminal justice inspectorates to consult the commissioner when developing their work programmes and frameworks to drive improvements, because it is the victims’ experiences and what they go through that matter.
My right hon. Friend the Member for Garston and Halewood was absolutely right when she emphasised, as the Select Committee set out, that the inspectorates need the levers to act when these issues are pointed out. It is imperative that a formal consultative role is established as only some inspectorates routinely consult the Victims’ Commissioner. I welcome this provision, but would like to see that point emphasised.
Edward Argar
The Minister of State, Ministry of Justice
When responding to the right hon. Member for Garston and Halewood, I should have thanked and paid tribute to the work of the Justice Committee for its pre-legislative scrutiny, which played a huge role in improving the original clauses and drafting of this part.
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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.
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