Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Caroline Flint

Tuesday 20th July 2010 Commons Chamber

[Mr Clarke]

That was not a policy; that was a catastrophe. The previous Government went through a phase of allowing their rhetoric and some of their policy intentions to outrun any serious common sense and then found that they had to let people out early, before they had finished their sentence, because they could not physically get them into prisons. Whatever else comes out of a sentencing review, I trust that we will avoid any nonsense of that kind in our period of office.

[Caroline Flint (Don Valley) (Lab)]

Evidence suggests that 75% to 90% of rapes go unreported, and I hope that the whole House will try to deal with that situation to improve it. Is the Justice Secretary at all worried that his plans to provide anonymity for defendants in rape trials will contribute to fewer rapists going to prison?

[Mr Clarke]

I do not think that there is anybody in this House—and there has not been for as long as I can remember—who is not in favour of anonymity for people who make complaints of rape and who does not think it extremely important to encourage women to come forward on all proper occasions to press complaints about the serious criminal offence of rape. The issues surrounding anonymity for the person accused are quite different from that, and the Under-Secretary of State for Justice, my hon. Friend the Member for Reigate (Mr Blunt), has just addressed those questions. This is a matter of how far we can protect those people, and others accused of criminal offences, up to the time of charge. That approach was agreed by those on both sides of this House in the not-too-distant past—in the previous Parliament—and it probably will eventually be agreed in this Parliament too.

Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Caroline Flint

Tuesday 15th June 2010 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

The proposal to grant anonymity to defendants in rape trials was included in the coalition agreement following negotiations between the two coalition partners. All the policy commitments made by the coalition Government were derived from the existing policy of one or both of the governing parties. The issue of anonymity for defendants in rape trials was adopted as party policy by the Liberal Democrat party while in opposition. It was also the subject of an extensive inquiry by the Home Affairs Committee, in its fifth report published on 24 June 2003.

[Caroline Flint]

I thank the right hon. and learned Gentleman for his answer. His Minister has indicated that he believes the stigma associated with those accused of rape is so damaging that, uniquely, they need further protection through anonymity, but evidence shows that the public are far more hostile to paedophiles and murderers, so why, on the evidence, does he choose to extend anonymity to those accused of rape?

[Mr Clarke]

There are arguments on both sides of the question, and they have frequently come before the House over the years. The Government think it is right to have a reasonable debate on them. That is one of the arguments in favour of anonymity. The argument that I have always thought is the strongest for anonymity is in cases in which the victim has anonymity—when there are allegations by children against teachers and others, or allegations made by women or men in rape cases. Where the victim is allowed anonymity all the way through, there is a case, which the House has accepted on occasions in the past, for giving anonymity to the person who is accused. There are other arguments on both sides of the case. We are not likely to have early legislation on the matter. This was the principal subject of debate in 2003 when there was a Bill before the House, and it divided all three parties. It is not a matter for party political ideology. It is a question that the House as a whole should consider with care.