Clause 6 - Commissioner’s power to act in individual cases relevant to public policy

Victims and Courts Bill – in a Public Bill Committee at 2:15 pm on 19 June 2025.

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

Photo of Alex Davies-Jones Alex Davies-Jones The Parliamentary Under-Secretary of State for Justice

The next three clauses of the Bill, clauses 6 to 8, pertain to increasing the powers of the Victims’ Commissioner. In 2024, the passage of the Victims and Prisoners Act strengthened the role of the Victims’ Commissioner. Among other measures, it placed a duty on relevant bodies to co-operate with the Commissioner’s requests and respond to their recommendations. The Government’s manifesto committed to build on those powers, providing the Victims’ Commissioner with the full suite of tools to drive systemic change. These clauses deliver on that manifesto commitment.

I take this opportunity to thank the Victims’ Commissioner, Baroness Newlove, for her engagement on these clauses and on the vital work she does every single day to support victims and witnesses. The Victims’ Commissioner’s role is fundamental to appropriate scrutiny of, and accountability for, the systems that support victims and of the criminal justice system. The clauses on the Victims’ Commissioner empower the commissioner better to hold the system to account. They are an important step towards building victims’ confidence in the system and rebuilding their trust. They will ensure that victims’ voices are heard and that the system that supports victims of crime and of antisocial behaviour are held to the same standards, and are effectively and thoroughly scrutinised.

Clause 6 bolsters the Victims’ Commissioner’s ability to promote the interests of victims and witnesses by giving them a legislative foundation to act on individual cases, which expose systemic failure. Individuals’ lived experiences offer invaluable insights into how the system delivers for victims. Existing legislation lacks clarity on the extent to which the commissioner can act explicitly within the parameters of her existing functions in those individual cases.

The clause makes it clear that the Victims’ Commissioner can choose to act on individual cases and where such cases raise public policy issues. That will promote the interests of other victims and witnesses who may face similar systemic problems. In practical terms, therefore, if the commissioner identifies an issue or a failure—such as a policy not being followed, or the absence of a relevant policy—that may have wider implications for other victims, she may request information from the relevant agencies. That could include an explanation of what went wrong and the steps being taken to address that, and recommendations on how improvements can be made across the system.

To achieve that, the element of the legislative bar preventing the commissioner’s involvement in individual cases will be amended. Other elements of the bar will remain the same, including the preservation of the existing restrictions on the commissioner interfering with certain proceedings and with prosecutorial or judicial functions. The clause will enable the Victims’ Commissioner better to promote the interests of victims and witnesses on the issues that impact on them directly.

Photo of Kieran Mullan Kieran Mullan Shadow Minister (Justice)

Again, the role and importance of the Victims’ Commissioner was something that we supported, reformed and strengthened during our time in Government, as the Minister highlighted. I too pay tribute to Baroness Newlove, whom I have had the pleasure of meeting on a number of occasions to discuss a whole variety of issues related to victims. She brings her incredible experience—and that of her wider family, who have their own perspectives —to so many different issues. I welcome measures that seek to strengthen her role.

I only have one question for the Minister. The new power will sit within a number of bodies—the ombudsman and others—who have roles to play. I am sure that Baroness Newlove and her successor will be forceful and proactive in helping to understand how the powers sit within those remits. Nevertheless, the Government and the Ministry of Justice have a convening and overarching role to ensure that, with all the different parties, the new power and the new individual approach do not confuse victims and that it is clear to everyone what the new Victims’ Commissioner role will or will not involve. Co-operation with others will be necessary to pick up cases that might need that. I will be grateful to the Minister for assurance that the MOJ is sighted of that issue, of ensuring that there is not confusion across the patch.

Photo of Alex Davies-Jones Alex Davies-Jones The Parliamentary Under-Secretary of State for Justice

I am happy to clarify that the powers in the Bill that we are extending to the Victims’ Commissioner to allow that measure to take place will bring them in line with other commissioners, such as the Domestic Abuse Commissioner and the Children’s Commissioner, which do those functions and operate well across different agencies. Therefore, it is just a matter of replicating the powers of the Children’s and the Domestic Abuse Commissioners, and how they work in those other jurisdictions. I take that on board.

Question put and agreed to.

Clause 6 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.

Minister

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