Anna McMorrin
MP for Cardiff North · Labour · United Kingdom
“I am sure that the hon. Member will agree that there are always lessons to be learned in this place, but we recognise that more needs to be done on second homes and short-term lets. The UK Government will consider a wide range of evidence on the issue, including learning from other parts of the UK.”
“I completely agree with my hon. Friend. The Prime Minister’s announcement to give everyone a route off the streets by Christmas comes with a £442 million boost in funding and a landmark summit to bring everyone together to end rough sleeping.”
“I thank my hon. Friend for her important question. She is absolutely right: these are challenging times right across the country. Wildfires are a stark reminder for us to take care of our environment as we face the ongoing challenges of our changing climate, and we need to mitigate the effects of more summers like this.”
“We are listening closely to farmers, as we always have. We have announced more to protect family farms. We have changed the allowance for the 100% rate of relief, increasing it from £1 million to £2.5 million. That gets the balance right between supporting farms and businesses, fixing the public finances and funding our public services.”
“Housing is a devolved matter in Wales, but we know that people are struggling with the affordability of everyday life. That is why easing the burden on the cost of living is our priority. We have taken immediate action by removing VAT from energy bills from 1 October, giving millions of households breathing space this winter.”
“Farming is central to Wales’s economy and rural communities, and we are steadfast in our support for farmers. That is why I regularly meet and speak to farmers and their unions, visiting farms and agricultural shows across the country, including the Royal Welsh show this summer.”
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“That is obviously the wrong way around, because the commissioner will want to have a say in how it is collected, what the nature of it is, and what to do with it. I think that definitely needs elevating.”
“Q Do you think the Bill gives the Victims’ Commissioner suitable powers to scrutinise the code, to work with Government on it, and to hold them to account? Dame Vera Baird: I feel that they should be elevated. The third duty of the Victims’ Commissioner is to keep the code under review. They cannot do that unless they can bespeak data. That is not in the Bill. What happens to the data is that it is collected by police and crime commissioners, promoted locally—that is fine—and if it has failed locally, it is promoted to the Secretary of State. It needs to go to the Victims’ Commissioner as well; otherwise the Victims’ Commissioner cannot perform that bit of their statutory role unless the Secretary of State chooses to give them the data.”
“Q In terms of the collaboration set out in the Bill, do you believe the Victims’ Commissioner should be consulted by agencies on the strategy for collaboration in exercise of any victim support services? Dame Vera Baird: You are talking about the duty to collaborate?”
“Yes, the duty to collaborate in the Bill. Dame Vera Baird: I think the main deficit in that duty is that it needs to be a joint needs assessment, rather than a duty to collaborate in some way after each individual organisation has decided what its needs are. There is a role for a victims’ champion in every police and crime commissioner area. We have a fabulous example of a Victims’ Commissioner who is a victims’ champion here, but we do not need a full-time person in a little place like Durham, or a relatively minor place like Northumbria. You need somebody charged with the task, however, so locally they can pursue the interests of the victim.”
“The first code was in 2006, so it has been completely ignored for 18 years. The agencies that are obliged to deliver it have no duty in the Bill to promote it themselves. They have no budget to train their staff, because, as I understand the Bill, there is absolutely no funding of any kind behind it—I think it is called financially neutral. Any training, development or promotion has all got to be done out of somebody’s back pocket.”
“Q In terms of oversight, do you think the Bill goes far enough in promoting the victims code? Dame Vera Baird: It will do nothing to bring change—if that is really your question. I am happy that there will be a duty to promote it to the public and to victims. Actually, it is a very odd, one-sided duty to promote it to everybody except the agencies that have to deliver it. There is no duty to promote it within the agencies themselves, and they do not know much about it. There is a statistic—from 2020, I think—that 70% of people who have been through the criminal justice system as victims have never heard of the victims code. We used Office for National Statistics data in 2021 and showed that 80% of victims who had gone through the entire criminal justice system had never heard of the victims code.”
“The Bill is a legislative opportunity to transform the way that victims in this country are treated once they report and come into the criminal justice system. It is an opportunity to help them easily access support services to help them through recovery and their justice journey. Unfortunately, the Bill in its current form, when it is translated into practice, will not have any meaningful impact for victims who are going through the criminal justice system or trying to access support services.”
“Q Claire, what is your view of the Bill? Does it meet the ambition that it needs to? Claire Waxman: Sadly, no, not in its current form. I spearheaded the campaign nearly 12 years ago for a victims’ law; the ambition was to give victims legally enforceable rights to justice and support. We have had the code in place since 2006. Compliance with the code has always been low, and even though the Government have reformed the code four or five times now, that has not driven better compliance. This Bill is the legislative opportunity to improve that. I remind everyone that even delivering the code is a minimum level of service to victims. Even if agencies are complying and delivering it, it is still a minimum level.”
“What will actually happen in reality is that, yes, the Justice Secretary might veto, but that prisoner will then have legal aid to appeal the decision. They will appeal every decision, pulling the bereaved families into even more distress and trauma. When I asked the officials in the Ministry of Justice what allocation had been given to provide extra support to the families during this process, no support had been given—only to the prisoners to appeal. I have to say very strongly that part 3 is nothing short of shameful.”
“The Government have said that it is about public safety, but if it really is about public safety then where is the reform on probation, which is underfunded and understaffed? That is a public safety issue that needs tackling, but that is not in the Bill. Part 3, I am sorry to say, is a vanity project. I think it is a power grab by our previous Justice Secretary. We have a Parole Board in place who are the right people to make the decision on release. I am with families who have been eight years in the process; it comes around for them every four or five months. They can barely recover. They are in this process and it is relentless. Putting these measures in gives them a false sense of hope. We are telling them that there is a chance that the Justice Secretary can veto the Parole Board decision and that the prisoners will not be released.”
“Q What is your opinion on the relatively late addition of part 3 on prisoners? How in your view does that affect the Bill? Claire Waxman: I think it has a huge impact on the Bill. As I said, the original ambition was to give victims legally enforceable rights. Part 1, which is where it should be addressing that, is very thin, weak and insufficient. A lot more focus has now been put on to part 3. A huge amount of funding has been allocated to Parole Board measures—more than the entire Parole Board budget, I think—and what has been put forward in the measures is not what victims or families have called for. I work directly with bereaved families in London and the agencies that support them, and not one bereaved family has actually called for these measures.”
“You can be a victim in the criminal court but be accused of parental alienation in family court, and your victimisation has been dismissed. I see far too many victims who are victims of crime, may not have had the confidence to come forward to the police, and are being treated very poorly in family court. Unfortunately, this Bill will not address anything for those victims.”
“Q Absolutely. Turning to the victims element, do you believe that victims of domestic abuse going through the family court should be defined within the Bill? Claire Waxman: Absolutely. Sadly, I work with too many victims of domestic abuse, rape and stalking who have tried to leave abusive relationships. Many will not have the courage to report to the police, so they just want to flee and leave the abusive relationship. If children are involved, unfortunately those victims are then pulled into family court proceedings, which are retraumatising and place them and their children at further risk because there is no support provision in the family court to identify who the real victims are and what support is in place to protect them. If they do report to the police, the two jurisdictions do not work together.”
“The police and CPS should be requesting these personal records only if absolutely necessary. We need to have judicial oversight, and that is where the Bill needs to go further. We need to ensure that therapy notes are only requested and that the judge makes a decision around that. Yesterday the Government announced that the CPS would meet rape victims before going to court, to raise confidence, but that is not going to work if we are requesting therapy notes from rape victims. That alone—just requesting those notes—is a deterrent and will push many rape victims out of the justice system, and then we will be allowing serious offenders to act with impunity.”
“Q Finally, I have a quick question on the use of counselling notes for victims during trials. Can you talk to the fact that that is in use at the moment and how the Bill should address that? Claire Waxman: I have published two London rape reviews and heard from many, many rape victims in London. One of the biggest issues that comes up for them is the request for their personal records, especially their counselling records. Many victims will decide to withdraw from the process and feel pushed out because they have to make a decision as to whether they are going to pursue justice or hand over their counselling records, which are about their thoughts and feelings and trying to recover from the crime. I know the Government have brought forward some measures now, but those measures are already in place.”
“In the end, of course, it deters people from pursuing this kind of material, because they take a second look at whether they need it. And that might put us back where we ought to be. In short—never a ban; always judicial oversight. We do need to get rid of this massive deterrent. I think that according to some figures that possibly you, Anna, or someone else in the Labour party produced, 70% of those who accuse people of rape now withdraw. A huge factor—a huge factor—is when they realise that their most intimate secrets are going to be disclosed to a CPS and police force that, for quite understandable reasons, they do not see as their allies. And then, perhaps, the material goes on to—even worse—the defendant, who caused them their trauma in the first place.”
“As for the need for representation in that court, there is a need for representation at an earlier stage so that, if possible, we can avoid the cumbersome court. If you have, as we piloted in Northumbria a couple of years ago, independent legal advice when the material is requested by the police in the first place, you can often negotiate it away by just asking forceful questions about what is necessary about it. Independent legal advice could serve that purpose, but then would offer representation if there was a serious demand for the material. This has been happening in New South Wales, with an identical jurisdiction to ours, since 1998 and is in every other state in Australia, save for Queensland, which is taking it on. Claire has been to Canada, and I believe it is very effectively run in Canada, too.”
“And of course the complainant needs to be represented fully at that hearing. What is badly missing from this Bill—well, a whole range of things are. I completely concur with Claire that it is not going to make any difference to the ordinary victim, because there is no means of enforcing their code rights. But for victims of rape, the announcement that Alex Chalk made recently will make not a jot of difference as long as it is the same police and CPS that are using the test and it is the test that has been there throughout. Independent legal advice is missing. You need to just put that counselling stuff into the court, and that is that: you need a good reason for accessing it, and the court will decide.”
“Before the tendency to want to question the credibility by looking at the most intimate details about the complainant emerged, the conviction rate was actually better, very considerably better, than it is now. It dropped catastrophically in about 2016, and that was about the time when this started to emerge. So if we can do fair trials without that material, we do not need to get it. In order to deal with this now, there can be no complete ban, clearly. After a decade or more in which the police and the CPS have treated it as axiomatic that you take these documents from a complainant, we must make someone else take that decision. It has to go to the court, so that a provisional hearing can decide whether the material should be accessed by the Crown and whether it should go to the defence.”
“Vera, may I invite you to comment on that issue? Dame Vera Baird: I think back to being a barrister more than a decade ago, when there was no pursuit whatever of this kind of material. It simply was not done. Very occasionally, if it came up in evidence that there was some issue about someone’s medical records, for instance, they would be sought, because it was directly relevant. There would be an occasional case, but none of this was ever looked for. What the issue is about is what Operation Soteria, the new way of policing rape, talks about—there not being investigation departments for rape in police stations, but there being credibility investigation departments for complainants.”
“We need to stop that and to ensure that those convicted of murder do not have parental rights to access those children for the duration of the prison sentence. That needs to be reviewed very carefully to ensure that the family are well protected from engaging with the prisoner.”
“Q I have one tiny question on the proposed Jade’s law. Let us say that a man kills a woman and there are children involved. What is your opinion, Claire, of the man, if he has children, having parental responsibility? Claire Waxman: I very much support Jade’s law. I worked with a family many years ago whose daughter was murdered, and they tried to adopt the grandchild. The prisoner—the murderer—had the right from prison to stop that adoption, and to cross-examine the bereaved family as well. He got legal aid. They did not get anything. At that point there is a presumption of no contact—of course he did not get contact—but they were still pulled into the most inhumane proceedings after their daughter had been killed.”
“Q Jan, could you start by telling the Committee what you think of the Bill and whether you think it includes all categories of victims? Jan Lamping: The CPS is very positive about the Bill and we support its aims of improving the service to victims. The aims align with our victim transformation programme. We think it is positive that, for the first time, principles of the code are included in legislation. As far as whether any category of victim is missing, there has been discussion about victims of antisocial behaviour. It would be a matter for Parliament as to whether they were included, but from a CPS point of view, we only consider cases that are referred to us by the police, so if there were a case with a victim of antisocial behaviour, we would apply their code rights in the usual way.”
“The independent assessor has the power to make recommendations about our practices and procedures; to recommend that we give an apology, if we haven’t already; and to make a payment. There is the parliamentary and health service ombudsman as well. That is not the only oversight; there is oversight by our inspectorate as well, and we are superintended by the Attorney General”
“Q What recourse would a victim have if their rights under the code were not met? Jan Lamping: Our staff are really committed to complying with the rights. As an organisation, that is really important to us, so our practices and policies are written with that in mind. Obviously, there can be problems and it is important that victims are able to complain, should they feel their rights have not been met. We have a robust complaints procedure that has several stages. At the first and second stages, the complaint would be dealt with within the local CPS area—at the second stage, by a very senior manager. With a service complaint—non-compliance with code rights would be a service complaint—there is a right for victims to complain to the independent assessor of complaints.”
“We hope that people would take us up on it. It is an opportunity for us to try to give witnesses confidence in the process, because we know that there is likely to be quite a long time before the trial, to reassure them and to make sure that support is in place, because speaking to witnesses at the court stage would be too late. It is just one part of the service that we are working to provide under the victim transformation programme.”
“Q The Bill has provision for rape victims and witnesses to be given the opportunity to meet the CPS service staff involved in their case ahead of trial. However, there is a CPS document, “Speaking to Witnesses at Court”, that already tells prosecutors to do that. What is the actual change here? Jan Lamping: They are two very different things. The “Speaking to Witnesses at Court” guidance says that when witnesses attend court, we would speak to them at that point. When they arrive on the day to give evidence, we introduce ourselves as prosecutors or paralegals, and explain what is going to happen on the day. The new duty is different, in that it would apply to every rape and serious sexual offence victim after a not guilty plea. It would be a more detailed meeting, so we would make the offer following the not guilty plea.”
“That is not to say that we always agree with one another, but we are working together through our local criminal justice boards to address barriers to providing a better service. I think that collaboration is what is really required.”
“Q On collaboration, last year there was a joint report by His Majesty’s inspectorate of constabulary and fire and rescue services and the Crown Prosecution Service inspectorate. It found that lack of collaboration between the police and prosecutors led to huge delays and poor communication with victims of rape. What in the Bill will change anything for victims? Jan Lamping: The fact that the Bill places a spotlight on all agencies complying with the code will make a difference. Obviously, that is only one aspect, though; we need to work well together, including locally. In my area, we work really closely with our police and crime commissioners and other justice partners.”
“Q Would that, or the Bill, do anything to change the fact that on average, 706 days elapse from the date of reporting an offence to the police to the start of the trial? Jan Lamping: The Bill in itself will not make a big change to the length of time that takes. Other work that is ongoing will hopefully do that, such as Operation Soteria.”
“Q So nothing in the Bill will put an obligation on you to change any of that. Jan Lamping: Well, the Bill is really about compliance with victim code rights, and there are other pressures that lead to, for example, delays in the court process.”
“Q During those 706 days, what support will you offer the victim, and how will the Bill change that? Jan Lamping: Obviously, only a part of that—a significant part, I accept—is our responsibility. The meeting with the victim following a not guilty plea is important given that cases are ongoing for longer. As I mentioned, this will be one part of our enhanced service to the victims in greatest need under our transformation programme. It will offer a more tailored, more bespoke service to those people. We completely accept that as cases go on much longer, people will need more support.”
“Q Do you have examples? What kind of services are you talking about? Jan Lamping: From a CPS point of view, our part would be to make sure that the right special measures are in place. Obviously, we do not provide the support services; that is not our role. However, we make sure that people are signposted to local support, that the right special measures are in place, and that we have kept people updated. Victims told us that they wanted to be kept updated, even if nothing was happening.”
“Q Are you not doing that now? How does the Bill improve that? Jan Lamping: As the aims of our victim transformation programme align with the aims in the Bill—”
“Q So the Bill, in fact, will not do anything to improve things for victims. Jan Lamping: I think the Bill, as I said before, puts a spotlight on things. Our work is aligned with that, and the two things go together, along with collaboration across the system.”
“Q The report I mentioned raised significant concerns about the quality of communication between the CPS and victims. Should there be something in the Bill about what victims should expect from those communications? I have heard from victims that it is frequently disjointed and lacks detail. They are unaware of what is happening. That lack of communication is a real problem. What will the Bill do to improve that? Jan Lamping: Going back to our transformation programme, we have recognised the need to improve our communication with victims. I appreciate that you are talking not just about the CPS, but communication across a whole system. The principles in the Bill are aligned with what we are trying to do, and we fully accept that we need to improve our service to victims.”
“As a child abuse survivor, a victim of sexual exploitation and a victim of rape, I have not reported to the police any of what happened to me, despite the fact that I have spent the last eight years training police officers, using my story in various different working groups and sitting on various different boards. Although I hear what Gabrielle is saying and I think there is a really powerful statement in there about strengthening the Bill, what is really important for us victims is to be seen. We can talk about the semantics of it, but it is not about that; it is about being seen and knowing that all of you see people like me.”
“Similar to what Vera Baird said earlier, we believe that a lot of victims are hugely impacted by persistent ASB. We agree that there needs to be a threshold for it to be persistent ASB, but we believe that their not having any rights means they are unable to access the support that they really need. We welcome the Bill and think it needs to be strengthened. Duncan Craig: I am really pleased with the Bill. I remember speaking to Minister Argar, and I believe that this is a once-in-a-lifetime opportunity to create something. I absolutely echo what my colleagues have said.”
“How important it would be to victims and survivors on the ground to think, “What happened to me mattered and I am entitled to support.” As you can probably tell, I am a big fan of making the definition more explicit to cover that. Rachel Almeida: This Bill is really welcome and has a lot of potential to improve the experiences of victims. We previously heard from the Minister that the Government’s intention is for victims who have not reported to be within scope, but given that there is a question around that, we would suggest that it could be made more explicit so that those who have not reported feel that the rights are for them. We welcome the additions to the definition in the draft Bill, and we would support widening the definition to include victims of non-criminal antisocial behaviour.”
“By omission that implies that you have to have reported the criminal conduct to the criminal justice system. We are automatically cutting out the huge majority of victims. In its 2020 crime survey for England and Wales, the Office for National Statistics showed that there are more than 8.5 million adult survivors of some kind of childhood abuse or trauma. Colleagues know that only a tiny fraction of survivors will ever report or even disclose their abuse. If the Bill could be made more explicit to include that you do not have to have reported the criminal conduct, it just needs to have happened, what a win that would be.”
“Q I will start by asking each of you to talk briefly about what you think of the Bill, and the Government’s definition of “victim” set out in it. Gabrielle Shaw: This is my “Mastermind” subject—thank you. First and foremost, it is good that we have the Bill. It is imperfect, as you will have heard today, but the fact that it is here and will potentially recognise victim status in statute is great, and there are some really good bits in it. My big thing is around the definition of a victim, because it is not currently explicit that you are a victim if your case has not been reported to the police. Clause 1(4)(b), which defines criminal conduct, states that, although you may be a victim, “it is immaterial that no person has been charged with or convicted of an offence”.”
“Q Can you expand on the child criminal exploitation element? Do you feel that there is a need to have a statutory duty in the Bill on child criminal exploitation? Duncan Craig: Are you talking about mandatory reporting?”
“Yes—and a definition. Duncan Craig: I get a bit nervous around this particular subject, because no matter where I have worked—whether it is the past 15 years within my organisation, or working over in Australia or the States—no one has ever been able to fully explain what it means for adult survivors. I absolutely think that what we need is 100% clarity to make sure that if any individual—professional or volunteer—knows that a child is being harmed, we will use all our powers to stop that happening now. I am not too sure how we carry on with that, to be honest.”
“Q Okay. Does anyone else want to comment on the importance of having a statutory definition of child criminal exploitation? Gabrielle Shaw: I am not—”
“We would like the Secretary of State at a national level to set out, as part of the regulations, a minimum threshold that criminal justice agencies are expected to meet. If they do not reach the required levels of compliance, there should perhaps be a warning period when they are given the opportunity to address the lack of compliance. However, if that compliance does not improve, we would like steps to be taken. For example, an inspection of the agency could be triggered to understand why they are failing to comply. There should also be clear recommendations that they need to remedy, and accountability around that. That is not the only way it could happen, but we feel that it is a way that could work. Without that, at the moment, it is data being collected and published, but there are not really any teeth, which we would like to see.”
“It mentions collecting data—at the moment, the data will not necessarily be across all rights—giving the PCC oversight, although not powers to drive or compel agencies to comply or improve their compliance; that can be done only with the police, but it should be done across other agencies to drive compliance. That is lacking. The Bill talks about information and reviewing the data, which is then shared with the Secretary of State. We do not believe that that level of oversight is enough. There is no enforcement mechanism or clarity that, if agencies do not comply across the board—we know that there are systemic issues with compliance—there will be any consequence; that anything will happen.”
“A few things need to be done to strengthen the Bill. The Bill refers to regulations being introduced to collect prescribed information. It needs to be more explicit that that applies to every single right. We want compliance with every single right to be monitored. From evidence we have seen, that will not necessarily happen, so it needs to be really clear that the regulations cover every single right. We also believe that it should be made clear what level of compliance is acceptable. We know that compliance is quite low and, at the moment, the Bill hangs on the thread of transparency.”
“Q That is fine. Rachel, what is your opinion on the code, as set out in the Bill? Is it enforceable? Rachel Almeida: The code is a really important document, which the Bill puts on a statutory footing. We really believe that if the code was put into practice, it would hugely improve the experiences of victims. There are a huge number of valuable rights in there that, if delivered, would provide victims with clear information, confidence in the system that they will hear what will happen to their case and support at court. We know that that does not happen in practice and we want a step change—a systemic change. We know that code compliance is really poor and what we need from the Bill is for that to change. We are concerned that, as the Bill stands, the change that is needed will not happen.”
“Q So you are saying that the victims who come to you for support will not see any tangible difference unless the Bill is strengthened? Rachel Almeida: Yes.”
“There is currently a duty on PCCs to oversee compliance with the victims’ code of practice—I read it quite a few times to make sure that I knew what I was talking about— but there is no similar duty to oversee compliance with the delivery of victim support services. That goes back to the making a difference on the ground that you mentioned. Compliance is patchy. There is really good stuff, but more consistency across the piece would make that tangible difference.”