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Victims' Rights (Amendment) Bill - Clause not specified
15 May 2023
Lead MP
Alex Chalk
Debate Type
Bill Debate
Tags
Justice & CourtsHousing
Other Contributors: 49
At a Glance
Alex Chalk raised concerns about victims' rights (amendment) bill - clause not specified in the House of Commons. Other MPs contributed to the debate.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
Opened the debate
The Bill aims to enhance victims’ rights and ensure they are treated as core participants in the criminal justice system rather than mere spectators. It builds on past successes, such as a case in Birmingham where victims were supported through sensitive police interaction, legal assistance, and victim support services leading to convictions for rape perpetrators who had targeted vulnerable young girls. The Bill seeks to boost victims’ entitlements, make their voices heard following major incidents like Grenfell or Hillsborough, and deliver further safeguards to protect the public.
Barnsley South
Asked Alex Chalk about a constituent who felt let down by the justice system after his sister was killed by four men with numerous convictions, expressing concern that the Bill does not address non-compliance with the victims’ code and how it will make meaningful change for victims.
Bob Stewart
Con
Beckenham
Expressed relief that the Bill prioritises listening to victims, who have often complained about being overlooked by the justice system. Requested assurance that the legislation will indeed put victims first.
Jess Phillips
Lab
Birmingham Yardley
Questioned the effectiveness of the victims’ code, citing a personal experience where she found out about a conviction for harassing and threatening her from The Guardian rather than being informed directly. Highlighted the need for recourse against those who fail to inform victims.
Rachael Maskell
Lab Co-op
York Central
Emphasised the importance of including child victims of sexual abuse in clause 2, specifically advocating for comprehensive psychological services without delay.
Priti Patel
Con
Witham
Asked for more detail on the commissioning functions and how duty holders will collaborate effectively to avoid institutional state failure impacting victims adversely.
Christine Jardine
Lib Dem
Edinburgh West
Expressed disappointment at no new funding being provided for collaboration and commissioning of services, questioning how the Government will ensure effective duty holder cooperation.
Sarah Champion
Lab
Rotherham
Asked the Secretary of State to address concerns from constituents who have been deterred from coming forward due to fear of public disclosure and cases collapsing as a result.
Maria Eagle
Lab
Liverpool Garston
Welcomed the Secretary of State to his role but suggested strengthening the Bill's provisions, asking for openness to these improvements.
Proposed bringing tougher rules into the Victims and Prisoners Bill regarding sex offenders changing names or legal sex.
Stella Creasy
Lab Co-op
Walthamstow
Asked for recognition that entire schools can be victims when traumatic events occur, stressing the need for support beyond just families of victims.
Inquired about standard practices for preventing murderers from returning to victim relatives' areas and suggested greater distance in rural regions.
Asked if other factors besides the offences committed will be considered when determining top-tier offenders, and whether Ministers can alter the list of top-tier offences.
Dwyfor Meirionnydd
Asked for consideration to be given to allowing Parole Board hearings in public, citing an example of a victim's wish for transparency.
Alistair Carmichael
Lib Dem
Orkney and Shetland
Called for the Bill to address the treatment of those still in the system after the abolition of Imprisonment for Public Protection sentences.
Julian Lewis
Con
New Forest East
Asked for reconsideration to ensure victims have a voice at both stages of the parole decision process, including impact presentations.
Asked the Secretary of State to clarify what additional objectives his Bill seeks to achieve over and above existing reconsideration and set aside powers.
Questioned whether it is legally robust for the Secretary of State to make findings based on second-hand evidence rather than directly hearing initial testimony.
Jess Phillips
Lab
Birmingham Yardley
Asked why the Bill does not include provisions for removing parental rights from individuals who murder their wives and children.
Gosport
Highlighted the intergenerational impact of female imprisonment on dependent children, suggesting the Bill would have been a good opportunity to address this issue.
Steve Reed
Lab Co-op
Streatham and Croydon North
Reed criticises the current state of the criminal justice system, citing low prosecution rates for serious crimes, long delays in rape trials, failures in probation services leading to increased crime, lack of prison capacity and rising violence within prisons. He also points out that community sentences are often not enforced, contributing to a cycle of crime and victimisation.
Richard Foord
Lib Dem
Honiton and Sidmouth
Foord interjects to ask about the Bill's ability to protect child victims of rape from alleged perpetrators attending the same school, highlighting a specific concern about protection for vulnerable children.
Sarah Champion
Lab
Rotherham
Champion supports Reed’s position and raises concerns that the Bill's definition of victims excludes those suffering from antisocial behaviour. She also questions whether the Bill will address a 'postcode lottery' in granting pre-recorded information submissions for vulnerable victims.
Bob Neill
Con
Bristol-South
Welcomes the inclusion of bereaved families as victims in the Bill. Expresses concern over lack of specific remedies for breach or non-compliance with the victim code. Advocates for a more generous approach to antisocial behaviour cases that do not end up being criminal charges. Flags issues regarding part 3, including insufficient consultation and potential operational ineffectiveness of new regulations.
Sarah Champion
Lab
Rotherham
Expresses concern over lack of consultation with the Justice Committee on part 3. Questions whether any consultations have taken place with NGOs, campaigners, charities and survivors regarding this section.
Hayes and Harlington
Reiterates concerns about reticence on both Front Benches towards the proposal to address IPP prisoners. Emphasises the Select Committee's stance, supported by frontline organisations, for a panel of experts to prepare a way forward on resentencing that balances public protection and victims' rights.
Maria Eagle
Lab
Liverpool Garston
Eagle supports the establishment of an independent public advocate but calls for amendments to give bereaved families agency in deciding its involvement and enabling the advocate to be a data controller. She cites examples like Hillsborough, Grenfell, and Manchester Arena bombing where aftermaths went wrong due to lack of transparency.
Sarah Champion
Lab
Rotherham
Champion agrees with Eagle's stance and points out the commonality between disasters involving South Yorkshire police, highlighting the need for government intervention to prevent such patterns from recurring.
Priti Patel
Con
Witham
Expresses support for a Victims' Bill, praising its potential to provide more rights and support for victims. She highlights institutional failures in the criminal justice system and emphasises the need for practical implementation of the legislation. Emphasises the importance of learning from professional practitioners and improving public confidence in the criminal justice system through better service delivery and access to justice.
Carmarthen East and Dinefwr
Raises concerns over the Bill’s scope, suggesting it is not wide enough to include other rights for victims. Criticises the lack of engagement from the Government with the Victims' Commissioner regarding the Bill's content and the implications that human rights apply only to prisoners and not victims.
Maria Miller
Con
Basingstoke
Welcomes the Bill, particularly its provisions on victims of crime. Argues for putting the Victims Code on a statutory footing to improve clarity and support for victims. Supports the duty on relevant bodies to raise awareness of the code. Highlights the importance of co-ordinating services across organisations and the need for consistency in victim support services. Emphasises the role of Independent Domestic Violence Advisors (IDVAs) and Independent Sexual Violence Advisers (ISVAs). Raises concerns about non-disclosure agreements covering up workplace misconduct, especially sexual harassment, and calls for expanding the ban on NDAs to other workplaces through the Victims Code.
Jess Phillips
Lab
Birmingham Yardley
Phillips criticises the lack of provisions in the Bill concerning sexual exploitation, mandatory reporting requirements, and specialist women-only services. She highlights that existing consultations on these issues have been ignored, leading to a gap between political promises and practical support for victims. Phillips also raises concerns about the commissioning environment which favours generic services over specialised ones, thereby undermining effective victim care. She calls for clearer definitions of what constitutes a specialist service and urges the Minister to implement Jade’s law to prevent perpetrators from having parental responsibility after committing manslaughter or murder.
Maria Miller
Con
Basingstoke
[INTERVENTION] Maria Miller responds to Phillips by highlighting the availability of ISVAs in her local hospital and argues that these services are not limited to police cases but can be called upon as needed by staff in emergency departments.
Welcomes the introduction of the Victims Rights (Justice) Bill, highlighting its three main areas: victims of crime, victims of major incidents, and measures relating to prisoners and parole. Emphasises the importance of establishing a statutory definition of ‘victim’ to cover various situations such as bereaved families, children who have witnessed domestic abuse, and those born out of rape. Supports including independent sexual violence advisers and third party disclosure provisions in the bill. Also supports moves to clarify the meaning and application of the current statutory release test for prisoner parole decisions.
Apsana Begum
Lab
Poplar and Limehouse
Ms Begum expresses deep concerns about the Bill's ability to strengthen victims' rights. She cites that existing legislation is not sufficiently addressed by the draft Bill, as highlighted by the Justice Committee, specialist organisations, and the Domestic Abuse Commissioner for England and Wales. She raises issues such as the difficulty survivors face in coming forward due to stigma, bias, and threats of defamation. Ms Begum also calls for a firewall between police and immigration enforcement, independent legal advice for rape survivors, and tackling lawfare by abusers. She shares her personal experience with court proceedings initiated by an ex-husband's relative and argues for better understanding of how victims behave in the criminal justice system. She further demands a duty of care on employers and political parties to ensure support for domestic abuse survivors. Ms Begum highlights the mental health impact of domestic abuse, urging discussions on counselling notes and IDVA flexibility.
Rob Butler
Con
Buckinghamshire
Supports the Bill which enshrines the victims code in law, places a duty on Police and Crime Commissioners to review compliance, and imposes requirements on criminal justice bodies to raise awareness of the Victims’ Code. He highlights improvements in victim support but expresses disappointment that judicial action is not required. Emphasises the importance of placing the code on statutory footing to improve compliance and victims' experiences.
Kim Leadbeater
Lab
Spen Valley
Critiques the Bill for excluding victims of antisocial behaviour, citing numerous examples from her constituency. Emphasises the lack of recognition and support for these victims in the criminal justice system. Calls for more comprehensive measures to address lawlessness and community safety issues.
Welcomes steps taken by the Government to improve support for victims of domestic abuse. Supports putting the principles of the victims code into law but calls for more investment in community-based services and criminal justice reforms to ensure better outcomes for survivors.
Sarah Champion
Lab
Rotherham
Ms. Champion criticises the Bill's narrow definition of a victim, noting that only a small percentage of victims report their crimes and thus would not be covered by the legislation. She raises concerns about the lack of enforcement for the Victims’ Code and calls for measures to ensure effective monitoring of compliance. She also mentions regional inequalities in oversight mechanisms and suggests embedding independent legal advice for victims and improving guidance on community-based support services.
Dwyfor Meirionnydd
[INTERVENTION] Ms. Saville-Roberts acknowledges her predecessor Elfyn Llwyd’s role in bringing the legislation forward, highlighting his collaboration with Members from all parties.
Mark Fletcher
Con
Bolsover
Mark Fletcher supports the Bill as a step in the right direction for victims. He emphasises the importance of upholding the principle of 'innocent until proven guilty' while also putting individuals at the heart of the criminal justice system to ensure that victims are heard and supported. Fletcher highlights issues such as bureaucracy, premature release of prisoners, and the impact of the pandemic on the criminal justice system. He specifically supports changes in the parole system and urges recognition of victims of persistent antisocial behaviour. He advocates for his ten-minute rule Bill banning sex offenders from changing their names to prevent further victimisation and suggests that similar measures should be included in this Bill.
Stella Creasy
Lab Co-op
Walthamstow
Creasy supports the amendment, arguing that it is necessary to recognise victims beyond those who engage with legal processes. She highlights cases of community trauma and the need for public advocates. She also mentions issues such as third-party harassment in family courts and the importance of legal protections like access to medical records only under specific circumstances.
Nickie Aiken
Con
Cities of London and Westminster
Supports the Victims and Prisoners Bill, praising it for enshrining victims’ rights in law. Emphasises the importance of funding for statutory duties given to local authorities, highlighting the need for proper resources for survivors and those supporting them. Advocates for meeting with Charlie Webster and Claire Waxman to discuss long-term funding for victim support services. Supports part 2 on expanding provisions for major incident victims, noting its relevance to her constituency's history with incidents such as the 7/7 bombings and Westminster attack. Welcomes part 3 proposals concerning parole hearings, suggesting that families should have more of a say in the process.
Janet Daby
Lab
Lewisham East
Supports the Victims and Prisoners Bill to increase confidence among victims. Emphasises the need for emotional support, mentioning a constituent who was kidnapped and raped but still awaits therapy and housing assistance post-prison release. Highlights the need for holistic care including mental health and housing needs. Raises concerns about prison officer shortages and delays in prisoner rehabilitation.
Dwyfor Meirionnydd
Welcomed the Bill for enshrining victims’ rights but expressed disappointment over lack of consultation and consideration for Welsh legislation. Raised concerns about court closures impacting victim access in Wales, highlighted good practice examples like Goleudy service, and urged for a consistent service across Wales through a dedicated commissioner. Criticised the Bill’s silence on devolved services and its impact on victims’ rights in Wales. Recommended revisiting Justice Committee recommendations and enhancing sanctions against non-compliance. Mentioned concerns over data sharing risks with insecure immigration status and lack of support for child witnesses. Called for stronger victim participation in Parole Board decisions.
Rosie Duffield
Ind
Canterbury
Supports the need for safe spaces and women’s refuges free from men, as it can be traumatic for survivors of domestic abuse to interact with male staff. Argues that this change is essential based on expert advice and personal experience.
Layla Moran
Lib Dem
Oxford West and Abingdon
She argues that the current Bill lacks specific provisions for victims of burglary, fraud or antisocial behaviour. She also notes concerns about the enforceability of the Victims' Code and advocates for stronger enforcement measures to ensure compliance with its principles.
Anna McMorrin
Lab
Cardiff North
The Bill is weak, has no teeth and fails to address the issues faced by victims. It lacks defined rights for victims, accountability when the code is not upheld, and does not improve experiences of survivors like Sophie. Labour wants a robust Hillsborough law and free legal advice for rape survivors to ensure support through one of the scariest things they would ever do.
Sarah Champion
Lab
Rotherham
Asked the Minister whether he will fight to secure necessary funding for proposed measures, expressing concern over current lack of adequate funding.
Invited the Minister to address murderers who refuse to appear in court and questioned if this would be within the scope of the Bill.
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