Oral Answers to Questions Debate

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Department: Ministry of Justice

Oral Answers to Questions

Anna McMorrin Excerpts
Tuesday 20th February 2024

(2 months, 1 week ago)

Commons Chamber
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Mike Freer Portrait Mike Freer
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If the representatives for the Welsh Government wish to meet me, I am more than happy to explain why Wales being part of the English and Welsh legal system remains the preferred option for this Government. Why would Wales want to leave the most successful legal services system in the world?

Anna McMorrin Portrait Anna McMorrin (Cardiff North) (Lab)
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18. What steps his Department is taking to protect the privacy rights of rape victims in criminal justice processes.

Ruth Jones Portrait Ruth Jones (Newport West) (Lab)
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19. What steps his Department is taking to protect the privacy rights of rape victims in criminal justice processes.

Laura Farris Portrait The Parliamentary Under-Secretary of State for the Home Department (Laura Farris)
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It is paramount that victims come forward without fear that their privacy will be violated. That is why we are taking steps, through the Victims and Prisoners Bill, to create a statutory restriction that limits police requests to third-party material that is necessary and proportionate, and to inform victims of why such material is being requested. The Government have also asked the Law Commission to undertake a review on the use of evidence in sexual offence prosecutions, and it is due to report later this year.

Anna McMorrin Portrait Anna McMorrin
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My constituent had all her counselling records used against her in a harrowing trial that she said was worse than the crime itself. Will the Victims and Prisoners Bill be sufficiently amended so that medical and social services records are not used against victims in court, and family courts are not used to perpetuate such abuse against the victim, particularly with the use of the term “parental alienation”?

Laura Farris Portrait Laura Farris
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I am truly sorry to hear of what happened to the hon. Lady’s constituent. I hope that I can reassure her by saying that new regulations will be published under the Victims and Prisoners Bill to create a code of practice setting out the principles that the police should apply to all third-party requests, including for counselling, therapy and medical notes. The police will be required to complete a new request form that sets out the purpose and impact of their request. The Crown Prosecution Service also has a robust case file review process to ensure that guidance on necessary and proportionate requests is complied with. The CPS pre-trial therapy guidelines make it crystal clear that victims must not delay therapy for criminal investigation and prosecution.