Commons Sense

House of Commons · Westminster Hall

Victims’ and Offenders’ Rights

09 May 2023 · 0 other contributors · 3,819 words

Opened by Valerie Vaz Lab Walsall and Bloxwich

Responding minister: Edward Argar

Crime & Law EnforcementJustice & CourtsStandards & Ethics

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Valerie Vaz raised concerns about victims’ and offenders’ rights in Westminster Hall. A government minister responded.

Key points

  • Valerie Vaz highlighted a case where a victim of attempted murder received fewer rights than the offender due to delays in the criminal justice system.
  • Valerie Vaz asked the Government to review their policy on deporting foreign nationals who have committed serious crimes.
  • Valerie Vaz sought clarification on whether an offender's rights under article 3 of the Human Rights Act are greater than a victim's rights under article 2.

Key requests to Government

Valerie Vaz asked the Government to review their policy on deporting foreign nationals who have committed serious crimes and to clarify whether an offender's rights under article 3 are greater than a victim's rights under article 2. She sought grounds for ministerial discretion or review in this case, emphasizing the need for justice to prevail.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Opened the debate

Valerie Vaz Lab Walsall and Bloxwich

Valerie Vaz highlighted a case where a victim of attempted murder received fewer rights and was in a worse position than the offender due to flaws in government policy. She cited specific delays in the criminal justice system, noting that while the victim suffered severe physical injuries and long-term psychological trauma, the offender benefited from legal and psychiatric support, including conditional discharge without recall if conditions are broken. The case also raised questions about the application of the Human Rights Act, particularly regarding deportation of foreign national offenders.

Government Response

Edward Argar

It is a pleasure to serve under the chairmanship. I am grateful for securing this debate by Valerie Vaz, raising key issues regarding victims' rights. The Government has a strong track record on victims' rights, introducing the Victims and Prisoners Bill, which will enshrine the principles of the victims code in law. Since 2019, 13,000 foreign national offenders (FNOs) have been deported from the UK with over 80 prisoner transfer agreements in place for repatriation during prison sentences. The early removal scheme and tariff-expired removal scheme allow FNOs to be removed before sentence completion. Under the Nationality and Borders Act 2022, the early removal period was extended by three months. Additionally, a priority removal notice system has been introduced requiring evidence for any additional grounds for protection or human rights claims. The Illegal Migration Bill aims to widen scope of transferring prisoners without consent and disqualify FNOs from recovery and reflection periods available to victims of modern slavery. Regarding article 2 versus article 3 of the ECHR, article 3, an absolute right, prevents removal where serious risk of torture or inhumane treatment exists; this decision is subject to legal scrutiny based on individual circumstances. Mental Health Act considerations are also outlined, ensuring protection for public safety. The Human Rights Act 1998 protects victims' rights and the MOJ provides annual grant funding for local support services for crime types.

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