HL Deb 02 November 2004 vol 666 cc261-3

33 page 17, line 4, leave out "criminal"

34 page 17, line 9, after "means" insert "(a)"

35 page 17, line 9, after "offence" insert ", or (b) a victim of anti-social behaviour

36 page 17, line 10, after "(2)" insert "(a)"

37 page 17, line 15, leave out "criminal" and insert "relevant"

38 page 17, line 17, leave out "criminal" and insert "relevant"

39 page 17, line 19, leave out "criminal" and insert "relevant"

40 page 17, line 24, leave out "criminal" and insert "relevant"

41 page 17, line 26, leave out "criminal" and insert "relevant"

42 page 17, line 28, leave out "criminal" and insert "relevant"

43 page 17, line 29, after "(4)" insert "— (a)"

44 page 17, line 31, after "proceedings" insert— (b) a person is a defendant in relation to any other relevant proceedings if he might be, has been or might have been the subject of an order made in those proceedings.

45 page 17, line 31, at end insert— (7) In subsections (4) to (6) "relevant proceedings" means—

  1. (a) criminal proceedings;
  2. (b) proceedings of any other kind in respect of anti-social behaviour.

(8) For the purposes of this section—

  1. (a) "anti-social behaviour" means behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more persons not of the same household as the person;
  2. (b) a person is a victim of anti-social behaviour if the behaviour has caused him harassment, alarm or distress and he is not of the same household as the person who engages in the behaviour."

46 page 17, line 34, at end insert—

"(1A) An authority specified in Schedule 6 that has functions in relation to an area outside England and Wales is within the Commissioner's remit only to the extent that it discharges its functions in relation to England and Wales.

(1B) Subsection (1A) does not apply in relation to the Foreign and Commonwealth Office."

Baroness Scotland of Asthal

My Lords, I beg to move that this House do agree with the Commons in their Amendments Nos. 33 to 46.

We are now dealing with the amendments relating to the victims' commissioner, which brings the Ministry of Defence Police and NCIS within the remit of the commissioner. They also make it clear that the victims' commissioner and the Victims Advisory Panel can consider victims of anti-social behaviour together with the others to be included.

The group of amendments extends the remit of the Commissioner for Victims and Witnesses, both by making clear that he or she will have power to consider issues relating to all anti-social behaviour, and not only criminal anti-social behaviour, and by adding extra authorities to his or her remit. This measure was sought on the last occasion that we discussed it, so I have pleasure in making that statement.

Amendments Nos. 33 to 45 and Amendments Nos. 48 to 52, which extend the definition of victims and witnesses of crime to include victims and witnesses of anti-social behaviour, will enable the commissioner to address issues, including issues arising from civil court proceedings, relating to victims and witnesses of anti-social behaviour. They will also ensure that the Victims Advisory Panel will be able to conslider national policy to tackle anti-social behaviour and provide its views to the Government.

The effects of some anti-social behaviour, for its victims, can be as devastating as those for victims of theft or burglary, or other offences of that level of seriousness.

We have put in place a tough programme to address anti-social behaviour. We should like the commissioner to have powers to examine whether it has made a difference to the lives of individuals and communities and to advise on what further action we should take.

Amendments Nos. 66 and 67 bring within the commissioner's remit in Schedule 9 the Ministry of Defence police in so far as it exercises its functions in relation to the non-service criminal justice system in England and Wales, and the National Crime Squad and National Criminal Intelligence Agency, which we propose will jointly form a new serious organised crime agency in future legislation.

Amendment No. 46 makes it clear that with the exception of the Foreign and Commonwealth Office, the commissioner's role does not extend beyond how the organisations within his or her remit discharge their duties in England and Wales.

I invite noble Lords to accept these amendments to extend, and provide greater clarity to, the role of the Commissioner for Victims and Witnesses. I hope that in that regard, while we near the end of our time, I have given a little pleasure to those who wanted this inclusion to be made.

Moved, That the House do agree with the Commons in their Amendments Nos. 33 to 46.—(Baroness Scotland of Asthal.)

On Question, Motion agreed to.