European Court of Human Rights

Debate between Lord Wallace of Tankerness and Baroness Scotland of Asthal

Thursday 24th March 2011 Lords Chamber

[Lord Scott of Foscote]

My Lords—

[Baroness Scotland of Asthal]

My Lords, following the work that we commenced in Interlaken, is there now a timetable for reform? What specific measures do Her Majesty’s Government intend to take with others to ensure that the ECHR is as robust as we would all like it to be?

[Lord Wallace of Tankerness]

My Lords, as I have indicated, we hope that during the period of our chairmanship of the Council of Europe we will be able to take forward the reforms. All 47 members of the council believe that there ought to be reforms. We want to look at ways in which we can make the court more effective and efficient in dealing with the backlog and, as I have said, to reinforce the idea that the court’s role should be a subsidiary one; namely, that member states should have the primary responsibility for protecting convention rights in their own country. We hope that we can make progress on that during our chairmanship.

Crime: Rape

Debate between Lord Wallace of Tankerness and Baroness Scotland of Asthal

Wednesday 16th June 2010 Lords Chamber

[The Advocate-General for Scotland (Lord Wallace of Tankerness)]

My Lords, rape is a crime of the utmost seriousness, and the Government are committed to ensuring that all agencies across the criminal justice system work together to bring offenders to justice. We are keen to find ways of improving the way in which offences of rape are investigated and prosecuted, and how victims of rape are treated. We are therefore carefully considering the recommendations made by the noble Baroness, Lady Stern, in her review of how rape complaints are handled by public authorities, which was published earlier this year.

[Baroness Scotland of Asthal]

My Lords, I welcome the noble and learned Lord the Advocate-General to his place on the Front Bench. As the shadow of the shadow of my former self, I look forward to questions with him. Bearing in mind the trenchant criticism of the provision in relation to anonymity that came from the judiciary, prosecutors and the police, do the Government intend to pursue that as an issue? Further, if they do, how will they deal with questions in relation to multiple offenders?

[Lord Wallace of Tankerness]

My Lords, I thank the noble and learned Baroness for her kind words of welcome, which I appreciate very much. I pay tribute to work that she did in her high office of Attorney-General. In the short period that I was in the House, any dealings I had with her across the Chamber or in Committee were always conducted with great clarity and, particularly, great courtesy. As a law officer, I will do well if I aspire to the standards that she set.

Anonymity is an issue that has been around and debated over many years. Indeed, anonymity for defendants was the case between 1976 and 1988. The Select Committee on Home Affairs in the other place during the passage of the Sexual Offences Bill made a recommendation for anonymity in the period between arrest and charge. We are willing for this issue to be given a full airing. People with expertise should be able to present evidence on this. On the specific point that the noble and learned Baroness makes about multiple rapes, I have certainly seen arguments around this; they have been well aired, even in the past two or three weeks, in the other place. We would want more assurances and evidence that that is the case. There is a lot of anecdotal evidence. In the specific case of Worboys, which is often referred to, it was not necessarily the name that encouraged other women to come forward but the modus operandi of a particularly despicable and villainous crime.