Select committee: Justice Committee
Conclusion 37
Second Report - Pre-legislative scrutiny of the draft Victims Bill
Published 30 Sep 2022
Paragraph 126
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 ↗
Conclusion (the committee's words)
Clause 9(3) states that the guidance may include provision on the role, functions and appropriate training and qualifications of an ISVA and IDVA. We find no reason why it should not be required to do so. If a role is to be recognised in statute it is not unreasonable to suggest the criteria defining that role be also set out, not least if people performing that function are to have consequent rights such as being allowed to support complainants in court. The Ministry of Justice will also need to clarify how any guidance produced with respect to ISVAs corresponds to existing guidance published by the Home Office.
From: Justice Committee, Second Report - Pre-legislative scrutiny of the draft Victims Bill (HC 304), paragraph 126, 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".