Select committee: Justice Committee
Recommendation 26
Second Report - Pre-legislative scrutiny of the draft Victims Bill
Published 30 Sep 2022
Paragraph 95
Addressed to Ministry of Justice
Justice Committee Pre-legislative scrutiny of the draft Victims Bill All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Recommendation (the committee's words)
We support the Government’s ambition to improve transparency in the delivery of the Code. However, transparency and roundtable discussions will only go so far in improving performance without any enforcement mechanism. The Government should set out in the guidance provided for in clause 5(6) the escalation routes available to PCCs where there are concerns about an agency’s compliance with the Code and the quality of outcomes for victims. We do not believe that PCCs should be able to direct the work of agencies independent of them, but they should be able to raise concerns with bodies that do have this power. We therefore recommend that the guidance includes the right for PCCs to make representations to and share data with the inspectorates and the Victims’ Commissioner.
From: Justice Committee, Second Report - Pre-legislative scrutiny of the draft Victims Bill (HC 304), paragraph 95, 30 September 2022
Government response
The government responded to the whole report on 19 January 2023 (deadline 30 November 2022).
Summary written by Accountability Index from the government's response. It is not the government's own words.The Government says it will take forward a number of the Committee's recommendations, including amending the Bill, while stating that "we do not consider that any changes are necessary" on several others.
- On the definition of a victim, the Government "will amend the Bill to include bereaved families" and intends to reference persons born as a result of rape in the Bill and the new Code.
- It does not consider changes necessary on immigration data sharing, citing a Home Office Review, and says it "will consider" a statutory code of practice and Migrant Victim Protocol being developed by the Home Office.
- It declines to give victims a right to access restorative justice, stating "we do not consider that a right to access restorative justice is practical or appropriate" because participation must be voluntary and agreed as safe.
- It will amend the Bill to retain the Victims' Commissioner's duty to oversee the Code nationally and to require agencies to respond to all the Commissioner's reports, "ahead of introduction".