Little Andrew: Third Readings —Text is incorporated into the Bound VolumeLittle Andrew: Third Readings —[Sitting date: 27 May 2014. Volume:699;Page:18370. Text is incorporated into the Bound Volume.]ANDREW LITTLE (Labour):Malo lesoifua in this Samoan Language Week. It is a pleasure to rise and take a call on the third reading of legislation arising from the Victims of Crime Reform Bill. I note following the Minister of Justice’s address to the House just now that she referred to at least three other pieces of legislation currently going through the House that are dealing with various different aspects of victims’ rights and their place in our justice system. That does highlight the need now I think at this point in the history of our criminal justice system for a cohesive and comprehensive piece of victims legislation—a comprehensive and properly set out charter of victims rights. There is a need for one place where victims and their advocates and their advisers can go to in order to understand exactly how it is that they can make their voice heard and make their considerations known in the course of the administration of justice by our criminal justice system.As it is this piece of legislation comprises four bills to achieve yet more progress at least incrementally anyway in providing for the place of victims in the criminal justice system. Once again it reflects the growing evolution this growing development of the place of victims—the previously hidden and sometimes even unknown voice and place of victims—in our criminal justice system. It is for that reason that we support the legislation. It makes improvements. It builds upon the work that was started in the fourth Labour Government in 1987 and again in the fifth Labour Government in 2002. What I suppose is surprising is that this legislation started its life in 2011 and 3 years on we are finally getting around to passing it. So this Government is in no position to say that it accords priority to victims’ rights and victims’ interests. This is an also-ran piece of legislation if you like. Close to an election the Government realises that it has to do something and it suddenly puts on the pace.But listen let us not quibble about it. Let us not be petty about it. This is nevertheless—Hon Christopher Finlayson: Let’s not.ANDREW LITTLE: —important legislation. Chris Finlayson QC the Attorney-General would know all about quibbling and being petty because if there is one thing that has defined his time in that office—that grand and high office which is very important to our criminal justice system—it is his innumerable capacity and capability to both quibble and be petty. But I do not want to be churlish in return; I want to begenerous at least in relation to this piece of legislation and to say that we nevertheless support it.As the Minister correctly said at the heart of this legislation is ensuring that victims have information so that they can decide and they can know when it is that they have their opportunity for input because the criminal justice system is not just for the lawyers and the Queen’s Counsel and the highly paid and the silks; it is the people’s justice. It is for people. The overlooked part of the criminal justice system has of course been the victims.The first bill the Victims’ Rights Amendment Bill ensures that victims are given information about the progress of the matter on a trial of the charge that has been laid against an offender so that they know when they can take their part and provide information and what have you. It creates positive obligations on the police on the prosecutor on other court officials and even on the judges to ensure that the victims’ voices are heard that the victims get to be interviewed that they can prepare their victim impact statements and that the judge has a positive duty having received a request from a victim to read their statement to enable that to happen with some provisos. The provisos are reasonable and are proper.We have to remember that in our justice system in our form of justice—[Interruption] It is a pity that Chris Auchinvole and Cam Calder think this is a light-hearted matter where they can talk jocularly about whatever issue is entertaining them at the moment. But this is a serious matter for the rest of us which is why members on this side of the House are giving it due solemnity.Victims must know that at an appropriate time in the disposal of a criminal matter they will get to have their say that a judge is required to give due weight to what they have to say and this legislation provides positively for that. I was about to say that of course the nature of our justice system is that it is still an adversarial system. We have inherited that system. Notwithstanding what some people say about it—that it is no longer about getting to the truth that it is a game of jousting between lawyers presided over by a judge—the reality is that the adversarial system does actually assist in getting to the truth. It tests the case put by the Crown. That is the system we have inherited.It is important in terms of the confidence of the public and the confidence of society that the Crown assumes the mantle of prosecuting the charge and that the defendant if they do not have the means to is assisted to provide their defence. But the case is put to the test. If following that contest of ideas and legal principle the charge is proven and a conviction is entered the victim must then be able to have their say. That provides a balance that we have not hitherto handled particularly well.This legislation deals specifically with the situation that we have seen developing perhaps more recently where judges have taken it upon themselves to edit victim impact statements or even to prevent them from entering the court record. So this makes a useful contribution in that regard. It also ensures in relation to parole hearings that the victim is kept advised of the progress and when a parole hearing may be taking place—all parole hearings related to the particular offender. It also provides specifically for the victim to be notified about bail hearings and to have their views relayed where appropriate at a bail hearing which hitherto had not been the case and when it comes to young offenders for a victim’s point of view and the impact on them of the offending to be heard in a family group conference dealing with the young offender. These are important new developments in the framework now applying to victims’ rights.Of course the legislation goes that far but a properly developed and evolved victims’ rights framework would go further. It is disappointing that this House has spent 3 years franklyfaffing about with this legislation when actually we could have got on to something more substantial. What about having a victims’ rights advocate or an“Office of the Victims Advocate”? The Minister has spoken publicly about having a victims commissioner. I am not quite sure what that is meant to add. The Minister has not specified that.Chris Auchinvole: Ha ha!ANDREW LITTLE: Once again Mr Auchinvole chortles heartily at the idea that victims might have an office in the justice system that would advocate for their interests and their rights. How disappointing that is from that member of the National Party—from the retiring National Party list member who hails from the West Coast. He knows better—he knows better. I would like to hear from him about why he finds this so funny.But what about an “Office of the Victims Advocate” so that there are victims advocates in each court whom victims can go to the police can go to and the prosecutor can go to that would make sure that the victims tied up in a case—always against their choice—can understand what is going on and get their rights attended to? What about ensuring that there is a statutory right for victims to ensure that the direct costs they incur as a result of participating in the criminal justice system are met by the Crown? And what about ensuring things like that they get a seat in the courtroom when the case they are at the heart of is heard? Why are those things not provided for? A Minister of Justice focused on their job and not charging about having secret dinners in China would have actually got on and got this legislation passed and be focused on the real issues which is what we need to do.As I said Labour will support this legislation but we are all behind the eight ball when it comes to developing victims’ rights. The next Labour-led Government will be at the forefront of ensuring there is a proper comprehensive and cohesive set of victims’ rights so that victims will know where they stand where to go and what they can expect in the criminal justice system. It will be better than is provided for in this legislation which has taken 3 years to get to this point.