Criminal Justice Review: Response to Rape

Lord Harries of Pentregarth Excerpts

Wednesday 26th May 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, it is not correct that the review was delayed solely because of the judicial review of the CPS policy. The noble Lord will be aware that the court concluded that there had not been a policy change, although, frankly, I accept that that does not mean that there were no important issues for the CPS to address. The delay was also in part because we wanted more engagement with victims’ groups. We are delighted that Emily Hunt has joined us; she can give us, and has given us, invaluable insight from her position as a victim.

As far as the culture is concerned, the noble Lord is absolutely right. This is a cross-governmental issue. It is fair to say that, in schools and colleges, there is now more understanding of what consent means and, if I can put it this way, of what consent does not mean. If I may be personal for a moment, frankly, I see that in the education my own children get at their schools. They get an education that I do not think people in this House would have got when they were at school.

On legal proceedings, the noble Lord is absolutely right. There are careful rules now over when a claimant’s sexual history is relevant to the case. Often, it is not. We have put in place a number of changes to ensure that complainants are better looked after by the courts system. For example, Section 28 is currently being rolled out. It will enable vulnerable victims and witnesses who are subject to intimidation to give evidence and be cross-examined online and on-screen in advance of the trial.

[Lord Harries of Pentregarth (CB) [V]]

Everyone is agreed that the present system is failing badly, with only 1.6% of rape allegations leading to a charge and so many victims left traumatised by the process. The Minister called this “regrettable”. To a lay person in this sphere, to put it bluntly, it comes across as quite appalling.

I want to press the Minister, if I may, on the question asked by the noble Lord, Lord Ponsonby, which I am afraid he did not answer. Does he agree that, if we are serious about the recommendations when they are published, the Government will need from the outset to do what the Welsh Government have done: put forward a number of progress indicators, with a report published each year? If it is anything like the Northern Ireland report, there could be hundreds of recommendations in a wide range of spheres, and it would be so easy for them simply to drop through the sand unless there is a proper system of prioritisation and annual reports to Parliament on the progress on their implementation.

[Lord Wolfson of Tredegar (Con)]

My Lords, I will not quibble over the adjectives we use. The present position is entirely unsatisfactory. We need dramatic improvement, and it is my hope and that of the whole Government—particularly my honourable friend Mr Malthouse—that we will see that improvement.

On the specific point about data, we recognise the need for all partners across the criminal justice system to be held accountable for their part in improving outcomes for victims of rape and sexual violence, as well as for delivering on the action plan in the review. We will look for ways to address this. As Mr Malthouse said in terms in the other place yesterday,

“transparency is one of the key themes that we have been looking at … There will be an announcement, when the plan comes”,—[Official Report, Commons, 25/5/21; col. 267.]

as to how we will approach and publish the reporting of data.