Lord Keen of Elie (Con)

My Lords, victims demand effective and speedy justice, and we should deliver effective and speedy legislation. We welcome many measures in the Bill which build on the previous Government’s efforts in the Criminal Justice Bill and in the Victims and Prisoners Act 2024. Clearly, this Bill is intended to put victims first when addressing issues of justice and to enhance their voice in the criminal justice process. It is vital that victims are heard and that the justice system is transparent and accessible to victims. That includes, in particular, how offenders are sentenced and how victims can access the information given by the court on that issue. We are grateful for many of the provisions in the Bill and for the fact that the Government have been open to constructive suggestions during its passage, resulting in new clauses and clarifications that have now been added to it. Indeed, we are supportive of the steps taken by the Government to strengthen the Bill’s approach to parental responsibility so that restrictions apply to offenders who have committed offences against any child rather than just their own. There are, however, certain areas where we believe that there is further scope still for the Bill’s provisions to be improved, and there are several important points upon which the Bill is silent. In particular, that touches upon the issue of justice delayed being justice denied—a point made by a number of noble Lords. There is also the parallel development of legislation going through this House that was touched upon by the noble Baroness, Lady Hamwee: in particular, the Sentencing Bill. It is important to be clear that, although this Bill puts victims at the centre of justice, there is concern that the Sentencing Bill currently passing through this House tends to do the opposite. Under the suspended sentence presumption in the Sentencing Bill, many offenders who would previously have gone to prison will now remain in the community. For victims, this often means living alongside the offenders, seeing them in the street, in local shops and in shared public spaces. This is not an abstract policy choice but in fact a daily reality for the victims of crime. Can a system that leaves victims to live with the consequences of offending in this way really claim to put victims first? This is perhaps a tension between the Government’s victims Bill and their proposed sentencing provisions. Turning to the clauses of the Bill itself, we are broadly supportive of Clause 1 on sentencing. Sentencing is not a purely administrative act but a moment of public accountability. For victims, the sentencing hearing is often the first and only opportunity to see an offender confronted with the true consequences of their actions, and their physical presence in court matters to victims. Indeed, the absence of an offender at sentencing, particularly where it is deliberate, can no doubt exacerbate the victim’s trauma arising out of the original offence. With regard to the specific provisions, there is a reference to reasonable force being employed to bring an individual into court. That raises question marks of onus. Will it be for the police officer to prove that only reasonable force was employed? It might be more appropriate to approach this on the basis that such force as is necessary will be employed, provided that it is not disproportionate. That would be a safety net for police officers, who might very often be accused of using unnecessary force in the situation that they are faced with. There is also a need to ensure that police and prison officers, who are already under significant pressure, are provided with the appropriate instruction, training and means to carry out this task. That will need to be addressed in due course. Turning to Clauses 3 to 5 on the restriction of parental responsibility, we generally support the Government’s steps in this area, as I indicated earlier. It is, as the Government consider it, an important child protection measure. But there is a question mark as to the four-year threshold provision, touched on by the noble Lord, Lord Meston. Are we otherwise to throw the onus back on the family court to address this issue? Equally, are interim measures to be left to the family court to determine and deal with? We hope these issues will be addressed going forward in discussion with the Minister. I look forward to that opportunity. On Clauses 6 and 7 on victims’ rights, again we are broadly supportive of these measures. It is essential that we extend these measures in order that victims can be confident that their interests and concerns are being properly dealt with. Some criticism was made of the length of Schedule 2. It is only fair to observe that Schedule 2 is of such length because of the attendant number of existing statutory measures that are required to be amended, which maybe does not reflect very well on our existing statutory provision but is the necessary consequence of having so many diverse provisions that touch on this very issue. There are one or two issues that we want to raise with the Minister in due course. For example, Schedule 2 requires certain parties to take such steps as they “consider appropriate”, which seems rather open- ended. We hope that in time the Minister will have an opportunity to address that sort of issue in Schedule 2 so that we can be reassured as to the effectiveness of these measures going forward. On Clauses 8 to 10, with respect to the position of the Victims’ Commissioner, we are broadly supportive of all these measures and acknowledge the very considerable contribution that was made in this regard by the late Baroness Newlove. We look forward to her replacement with the experience that she has had as Victims’ Commissioner for London. Clause 11 deals with the extension of the right to prosecute to those other than qualified solicitors or barristers. I acknowledge the point made by the noble Lord, Lord Ponsonby of Shulbrede, that by extending this to those with CILEX qualifications we will increase diversity. That is to be welcomed. The noble Lord, Lord Gove, is also undoubtedly correct that the provision will dilute qualification. The question is whether it will dilute the quality of prosecution. That will have to be monitored with very conspicuous care going forward. I look forward to the Minister explaining to us how the Government will seek to monitor that. It is important that we have Crown prosecutors available, but equally they should be of a quality and standard to ensure fair and effective prosecution. That is a matter for the interests of victims and for society as a whole. I turn briefly to Clause 12, which deals with the introduction of regulations to set rates of remuneration in the case of private prosecutions. Let it be noted that private prosecutions are a very significant and important aspect of overall prosecutions within our courts. Such matters as shoplifting, for example, which are a scourge upon society and the high street, are generally taken up as prosecutions privately by major institutions. Indeed, in the case of fraud, again private prosecutions play a very important part, not just in respect of minor fraud but very often in the case of major fraud, which is extremely expensive to prosecute. The Minister said that what would be introduced would be fairer, with safeguards and so on. I wonder if she is being a little economical when she describes the matter in that way. I take as my guide the Explanatory Notes, which “have been prepared by Ministry of Justice in order to assist the reader”— in this case, myself. If we look at the Explanatory Notes, we are reminded that, in the case of a private prosecution, it is provided by the Prosecution of Offences Act 1985 that there will be “reasonably sufficient” compensation to the prosecutor as required. The Legal Aid Agency monitors this matter, and it employs the Senior Courts Cost Office guidelines for solicitors in respect of such costs. Those particular costs have been the subject of review by the Master of the Rolls, pursuant to a recommendation from the Civil Justice Council, so that in 2021 those rates were increased for the first time in 11 years. There is now a provision for them to be reviewed annually in line with the services producer price index. Consequently, those reasonable rates of remuneration are now about five times higher than the criminal legal aid rates. That has nothing to do with the reasonableness of remuneration for those undertaking private prosecution; it has everything to do with the poverty of the criminal legal aid rates that are in place at the present time. You do not encourage the very formidable burden of private prosecution by trying to bring down a reasonable level of remuneration to what is, frankly, a poverty level of remuneration that has had, and continues to have, a very significant impact on the prosecution of criminal offences in our courts. It is not just physical buildings; you have to invest in people as well as property. We have failed singularly to invest in people, and that has to be improved. I would rather see a victims provision that said we are going to pay a reasonable rate to those undertaking criminal prosecution, so that we can get adequate prosecutors and so that we can get adequate defence counsel, than to say that, in order to try to remove this embarrassing disparity, we will try to impoverish those who take up the burden of private prosecution. Of course, the Minister said this will have no chilling effect on private prosecutions. I merely raise the question: where is the impact assessment? Perhaps we will hear in due course. I move on to Clauses 13 and 14, which deal with sentencing reviews. With regard to unduly lenient sentencing, a number of noble Lords have observed that there is a need for transcripts to be available to victims in order that they can understand how a sentence was arrived at and, if necessary, make a request to the law officers that a ULS review should be carried out. In that context, I have no difficulty with the suggestion that the Attorney-General should have 14 days from the time of the request in order to deal with that matter. But, while I accept that the unduly lenient sentence mechanism is not an appeal mechanism for victims, it is a means by which victims can make a request of the law officers, and they have to be given a reasonable period of time to do that. I acknowledge the point made by the noble Baroness, Lady Brinton, that, for that to be effective, there has to be a more realistic time limit available. I turn briefly to matters which we say should properly be in the Bill but are not yet there, although I look forward to their introduction in due course, possibly at the instigation of the Minister herself. First, there are no provisions to address the courts backlog. Let us be clear that, without any doubt, that is the greatest barrier to victims achieving justice, disposal and closure. We know that there are many Crown courtrooms that are not sitting on a single day, indicating that there is at least the property capacity to deal with it. I equally acknowledge the need for not just property but personnel. It would be good to see that fundamental problem addressed in the Bill as well. I also note that, where offers of additional court sitting days have been made by the Lady Chief Justice, they have not been fully taken up by the Government. It would be helpful to know why not, given the enormous backlog that we face at the present time. Secondly, there is no real provision for increased transparency. Again, we come back to the issue of court transcripts. It appears to us that there is at least perhaps a halfway house: I appreciate that, very often, the Government will come up with the cost implications of transcripts as well as the time implications, but surely there is scope for a mechanism whereby, if victims request a transcript of sentencing remarks, the court should be able to request that transcript as soon as the request is made. It would not be in every case, by any means, and it would curtail both costs and delay. The third area, touched on in the other place, is data on who actually commits crimes. The Bill contains no provision that mandates the collection and publication of data on offenders’ visa status, asylum status or related immigration information. That is important from the point of view of public perception and victims’ perception. To what extent is crime going to be committed by those who have come into this country unlawfully, for example? You have to satisfy public concern on that issue, and the appropriate way to do that is by collecting the appropriate data. There is then the question of the need to recoup outstanding fines. I understand that at the present time there is something in the region of £1 billion in outstanding fines, and recovering that could only help the Ministry of Justice in its improvement of courts services and of legal aid rates, surely. But the scale of unpaid fines is “truly astounding”. Those are not my words: I am quoting the London Victims’ Commissioner. Surely some further steps need to be taken in that regard. That question of fines then comes to the issue of overseas corruption, which was raised by the noble and learned Lord, Lord Garnier. I listened with interest to the point he made, and has previously made, about the need to ensure compensation for the countries that are the victims of corruption. I look forward to considering the amendments which he has made it clear he intends to bring forward in that regard. Finally, the noble Baroness, Lady Chakrabarti, mentioned the possible concern that the issue of jury trials would be dropped into the Committee’s amendments. My understanding is that, as a matter of precedent, that never, ever happens, and what happens is that, if someone wishes to see an amendment, they indicate that they will bring it back on Report. In any event, I do not anticipate that the premature and perhaps ill-thought-out proposals that have emanated from the Ministry of Justice on the limitations to jury trial will come before the House any time soon—but, if they do, I have no doubt they will meet with the most robust response. Before closing, I thank the Minister for the clarity with which she presented the Bill. I look forward to further engagement with her on its terms.