Victims and Prisoners Bill – in a Public Bill Committee at 4:30 pm on 11 July 2023.
“(1) The Secretary of State must prepare an annual report on the operation of the Victim Contact Scheme and an assessment of its effectiveness.
(2) A report under subsection (1) must set out—
(a) an assessment of how many victims eligible for the VCS—
(i) became engaged with the scheme in the last year;
(ii) are engaged with the scheme overall;
(iii) made a victim statement of any kind;
(iv) challenged a Parole Board decision;
(v) applied for a licence condition;
(vi) chose not to join the scheme;
(vii) chose to join the scheme at a later date than initially invited to join;
(viii) chose to leave the scheme;
(ix) reported not being invited to join the scheme; and
(x) reported that their contact stopped during the scheme;
(b) how many staff were working in the VCS in the last financial year; and
(c) the ratio between staff and those engaged with the scheme overall.
(3) The first such report must be laid before Parliament before the end of 2024.
(4) A further such report must be laid before Parliament in each subsequent calendar year.”—
Janet Daby
Labour, Lewisham East
I beg to move, That the Clause be read a Second time.
New clause 27 arose from a conversation with the Parole Board about how information can be accessed regarding the parole process. I was concerned to hear that, on an alarming number of occasions, there are reports of those eligible for the victim contact scheme getting lost in the system, not receiving the contact that they have opted into and to which they are entitled, and subsequently being left unable to exercise their rights under the victims code. That should not be the experience of victims, and this probing measure seeks to address those concerns and to ensure that the victim contact scheme operates as fully and effectively as possible.
The victim contact scheme gives the victims or bereaved families of serious violent or sexual offences, where an offender receives a custodial sentence of 12 months or more, the right to be kept updated at key points during the offender’s sentence and parole process. Victims are assigned a victim liaison officer and can determine themselves the extent of information that they wish to receive and how they receive it. That can facilitate victims providing a statement during the parole process, or request a licence condition be applied where a prisoner is released. It is a valuable tool in providing reassurance to victims and ensuring that they can exercise their rights. It is vital that it operates as it is intended to, so that victims and bereaved families do not fall through the cracks.
New clause 27 would require an assessment be made of how many victims report not being invited to join the VCS as they should be, and how many report their contact from the VCS stopping when it should not have done so. It would also require that an assessment be made of how many victims are choosing to opt into the VCS or not, and how many of those who do opt in then go on to make a victim statement or apply for a licence condition.
Essentially, the new clause assesses how victims of the most serious crimes are choosing to access information that they are entitled to and to exercise their rights under the victims code. It is the Secretary of State’s responsibility to ensure that victims can access the information to which they are entitled and that they can exercise their rights. The VCS clearly plays an important role in doing that. That is why it is crucial that it operates effectively and does not see victims falling out of the system. I hope the Minister and other Members share that goal. Through this probing Amendment, I hope that the Minister will hear the concerns that are being raised and will consider how remedies to those concerns can be included in the Bill.
Anna McMorrin
Shadow Minister (Justice)
I thank my hon. Friend for tabling this new Clause. The criminal justice system places such a high burden on victims, in terms of the processes that they are expected to understand and take part in, that we need to do more to ensure that victims properly understand the sentences that are imposed and that the parole process is about the assessment of future risk and not punishment.
As the victim contact scheme is an opt-in scheme, it is likely that many victims do not even know of its existence. There are also countless victims with specific communication and access needs who may find it difficult to access the victim contact scheme. We are not furnished with information about how easy or difficult victims find it to engage with the processes; it is very difficult even to find that information. We do not know whether those victims who do engage find their experience beneficial or not. I agree with my hon. Friend that the only way to improve the victim contact scheme is to fully understand its performance—strengths and failures—so that we can know what improvements to it are needed.
Edward Argar
The Minister of State, Ministry of Justice
I thank the hon. Member for Lewisham East for her new Clause, which would require the Secretary of State to report annually on the operation and effectiveness of the victim contact scheme, including, for example, specific assessments of the number of victims who have joined or left the scheme, submitted victim personal statements or requested licence conditions, as well as the number of staff working to deliver the scheme.
The role of the victim contact scheme is a vital part of how we ensure that victims receive the information they need to help them to understand the criminal justice process from start to finish. Once they are in the scheme, victims have a dedicated victim liaison officer, who will keep them informed of key updates in their case.
The hon. Member is raising the important issue of clear assessments of whether the scheme is working, and it goes without saying that victims should receive the best service. That is why delivery of the victim contact scheme is covered by right 11 in the victims code—the right to be given information about the offender following a conviction—and it will come under the new duties on code compliance in clauses 6 to 11.
His Majesty’s Prisons and Probation Service already routinely monitors the performance of the victim contact scheme, for example in respect of how many victims elect to receive the service. Although we cannot commit to report on everything mentioned in the new clause, at least in the short term, because not all the data is collected in an appropriate format—or, indeed, in some cases collected at all—I hope that I can reassure the hon. Member by saying that we are considering how best to improve what data is collected in the future, as part of the new code compliance data framework.
The Bill provides for sharing and reviewing code compliance information locally through police and crime commissioners, and nationally via reports to the Secretary of State. Our intention is that a new national governance forum will review the code compliance information to pinpoint areas for improvement, and the Bill requires the Secretary of State to publish relevant information for transparency.
As I have said in relation to other amendments and new clauses on code compliance, reporting to the House is a vital part of accountability. We continue to test and develop proposals for the new national governance forum. As always, I am very open to considering how that forum can best report to Parliament. On the basis of not wanting the hon. Member to feel left out over the summer, I am very happy to talk to her about the underlying intent of her new clause, if she so wishes, and to consider whether there are ways within the code compliance approach that we are adopting whereby we might perhaps be able to adopt some of what she is suggesting in that mechanism, if not necessarily in the Bill itself.
With that, I encourage the hon. Member to withdraw the new clause.
Anna McMorrin
Shadow Minister (Justice)
As we have reached the end of the Bill Committee, I would like to take this opportunity to thank everybody who has worked so hard on the Bill over the past few weeks and enabled the Committee to have fruitful and mainly co-operative debates about such crucial issues.
My biggest thanks go to the victims and survivors I have worked with over the past two years in the lead-up to the Bill. Their strength and bravery in sharing their truth is the reason that we can advocate and fight for the changes we want to see. They are the real human cost and impact behind the Bill, and they must never be forgotten or sidelined.
I also thank the various stakeholders I have worked with. There are far too many to mention, and I have thanked them as we have gone through the Bill. I particularly want to mention Dame Vera Baird, Claire Waxman, Nicole Jacobs, Ken Sutton and Dr Ruth Lamont, who have worked closely with me on the Bill.
I thank Committee members for their patience, interest and engagement, and the Whips, who have steadfastly done their job throughout the Bill Committee. I thank my Labour colleagues, whose commitment has enabled a wide-ranging, informed and well-researched debate. I particularly thank my Front-Bench colleagues, my hon. Friends the Members for Lewisham West and Penge and for Birmingham, Yardley, for their support.
I also thank the Minister for his tone and his willingness to work together to improve the Bill as it goes to the next stages—no pressure there. I hope we will work together to vastly improve it.
I would like to say a huge thank you to everyone who has kept the Bill moving. I especially thank my parliamentary researcher, Honor Miller, who is watching, for her dedication and commitment day and night. She and I have dedicated our lives to this Bill over the past weeks and months.
I also thank the Clerks, who are amazing, for putting up with all of us and our sometimes ridiculous questions. I thank the Government officials, Hansard and the Doorkeepers, who are amazing. Last but not least, I am grateful to the Chairs—to you, Mrs Murray, and to Ms Elliott, Sir Edward and Mr Hosie—for their patience and commitment.
I thank you, Mrs Murray and, through you, your fellow Chairs of this Committee—Ms Elliott, Sir Edward and Mr Hosie. I thank the Clerks, Hansard and the Doorkeepers, who are the people who really keep this place running; we all know our place in that respect.
I am grateful to the Opposition and all three shadow Ministers. I may take it as a compliment that I have three shadow Ministers up against me. I echo the words of the hon. Member for Cardiff North in thanking the shadow Ministers’ team. I have an army of civil servants to help me work on the Bill but, having served in opposition as an adviser to a shadow Cabinet Minister in the past, I know that the burden of opposition falls on a very small number of people—the Front Benchers and those who work with them. It is important that we recognise that.
I am particularly grateful for the tone of hon. and right hon. Opposition Members and for the offers to look at some areas in more detail between Committee and Report, given this is a carry-over Bill. One area that I would particularly like to draw out is on part 2 and the opportunities I hope we have with the right hon. Member for Garston and Halewood to continue working on that. In the Bill as a whole, but particularly in part 2, there is a genuine desire across both sides of the House to ensure that we do our very best to do right by those who have been victims and to create something that, in the sad eventuality that it is needed again, will do right by future victims and survivors.
I put on record my gratitude to the fantastic Nikki Jones, Bill manager in the Department, who has done a phenomenal job of not only steering the Bill to this point but managing my vagaries in suddenly requesting random pieces of information and tweaking policy, possibly on the hoof occasionally. I am very grateful for her patience, her insight and her brilliance in handling both the policy and the Minister. I also thank my fantastic private secretary Matti Henderson for her work in a similar vein in—for want of a better way of putting it—managing the Minister. I thank the whole Bill team in the Ministry of Justice and across Government because this Bill does involve other Government Departments, some of which were highlighted by the shadow Minister. I am grateful to their officials for the work they have done.
I thank all Government colleagues on the Committee for their forbearance, time, insight and—I suspect the Whip will agree with this—phenomenal attendance record for a Bill Committee. I particularly thank my Parliamentary Private Secretary, my hon. Friend the Member for Newcastle-under-Lyme. I thank the Whip on duty, my hon. Friend the Member for Brecon and Radnorshire, both for her stewarding of this through the Committee and because—who knows?—with a reshuffle incoming it is never unwise to do so.
Most importantly, the hon. Member for Cardiff North highlighted why we are doing this; the greatest thanks have to go to the victims and survivors, campaigners and organisations; we must always remember, as we debate, reach agreement on some areas and disagree on others, what we are doing this for.
This Bill is an important step forward. It builds on a strong track record—from those on both sides of the House, when in government—of supporting victims of crime and enhancing victims’ rights. I hope that, as we continue to see the Bill progress through both Houses of Parliament in its remaining stages, we will continue to work where we can to strengthen and improve it, and that at the end of this process we will have an impressive and important piece of legislation.
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