Oral Answers to Questions

Baroness Clark of Kilwinning Excerpts

Tuesday 15th June 2010 Commons Chamber

[Kevin Brennan (Cardiff West) (Lab)]

6. What assessment he has made of the potential effect on the likelihood of rape victims coming forward of his policy to extend anonymity to defendants in rape trials.

[Katy Clark (North Ayrshire and Arran) (Lab)]

10. What plans he has to extend anonymity to defendants in rape cases.

[Emma Reynolds (Wolverhampton North East) (Lab)]

15. What assessment he has made of the likely effect of his proposal to introduce anonymity for defendants in rape cases on the number of prosecution brought in such cases.

--- Later in debate ---

[Mr Clarke]

No. I think that it is a serious issue, and, although I may not have initiated its appearance in the coalition agreement, the hon. Gentleman may gather that I am not averse to the House looking at it again. There are people who want us to do so, and we will have an opportunity, no doubt in due course, to put it to Members. I am not responsible for the whipping in the House, but I suspect that all three parties would rather prefer a fairly free vote on the issue, because I do not think that there is any consensus in any part of the House, unless I am suddenly told it is—[Interruption.] The Labour party is looking for new policies, I know, but I do not think that it has decided to make this issue the central plank of its much overdue reform.

We have said that we are attracted by the argument, and that we will debate it and consider all the arguments produced by Members from all parts of the House. The Prime Minister actually referred Members to the Home Affairs Committee on which he sat, which on an all-party basis recommended anonymity, at least until the time of charge, only a few years ago.

[Katy Clark]

I am pleased to hear that there may be a free vote on this issue and that the Secretary of State has so little personal enthusiasm for the policy. Does he agree that the main problem in rape cases is the low conviction rate and the fact that rape victims are not believed? Rather than trying to create ways to provide those accused of rape with more protection, we should be looking at ways to make sure that women feel able to come forward and that we increase the conviction rate.

[Mr Clarke]

I hasten to repeat that I have no responsibility or control over the whipping arrangements of any of the political parties in the House. When I was operating as a Back Bencher, I took this sort of vote very seriously. I considered it seriously in 2003 and came down in favour of voting for anonymity. It is no good trying to sweep the issue from the field, and we are not going to do that.

The conviction rate among those charged with rape is 38%, which is lower than that for some other offences, but rape is different in many ways from more straightforward crimes such as theft. In rape cases, we are essentially relying on the frame of mind of one of the parties; something that is perfectly lawful and affectionate if the woman is consenting is a very serious criminal offence if she is not.

Juries are the best people to decide whether they believe one version or the other in what, in my very distant experience of such trials, can sometimes be difficult cases that are best left to juries. That is why I am urging that this is a serious issue, and the coalition agreement was right to raise it. We have expressed our current intention, but Members from all parties will want to listen to all the arguments on both sides and not just be driven away from considering them.