My Lords, the draft instrument before us seeks to amend Section 17 of the Victims and Prisoners Act. Section 17 was brought into force on 1 October this year. This has been debated in the House of Commons and is now to be debated in this House. Section 17 establishes in statute that confidentiality clauses, also known as non-disclosure agreements or, commonly, NDAs, cannot be enforced where they attempt to prevent victims reporting a crime to the police. In addition, Section 17 broadens this protection to include certain other disclosures necessary for victims to obtain confidential advice and support essential to coping with and recovering from the effects of crime.
With Section 17 now in force, NDAs entered into on or after 1 October 2025 will be legally unenforceable to the extent that they seek to restrict such disclosures. This means that anyone who is a victim of crime, or reasonably believes they are, may disclose relevant information to specific individuals or organisations for certain purposes related to the criminal conduct they have suffered. This applies notwithstanding the terms of any NDA they have signed.
Under the legislation, victims may make disclosures to the following bodies: the police or other bodies that investigate or prosecute crime; qualified lawyers; regulated professionals, including regulated healthcare professionals; victim support services; regulators; and a victim’s close family. These are known as the “permitted disclosures”. However, disclosures are to be permitted only if made for the relevant purpose specified in the legislation for each body. Disclosures for other purposes or to bodies not listed in the legislation are not permitted, and the NDA may remain enforceable in those cases.
To ensure that Section 17 fully achieves its policy aim, this instrument introduces three changes to it. First, it adds the Criminal Injuries Compensation Authority, known as the authority, to the list of bodies to which victims can make a permitted disclosure. This is for the purpose of pursuing a claim under the taxpayer-funded compensation schemes it administers. These are the criminal injuries compensation scheme 2012 and the victims of overseas terrorism compensation scheme 2012. Victims sometimes feel unable to tell the authority about settlement agreements they have signed related to the criminal conduct they are seeking compensation for. This hesitation often stems from confidentiality clauses in those agreements. Such reluctance can make it harder for the authority to determine eligibility and may affect the amount of compensation awarded. Adding the authority to the list of permitted disclosures ensures that victims can provide relevant information to the authority for the purpose of a compensation claim related to the criminal conduct they have experienced without fear of breaching an NDA.
Secondly, the instrument will amend Section 17 to allow disclosures to courts and tribunals for the purpose of issuing or pursuing proceedings in relation to a decision by the authority on such claims. This makes clear that appropriate disclosures are permitted throughout the entire legal process for pursuing compensation from the schemes the authority administers. This includes the small number of cases where proceedings are pursued in relation to a compensation decision. It is essential that courts and tribunals have access to all relevant information, and this amendment makes clear that an NDA cannot be enforced against a victim sharing certain information with courts and tribunals in this context.