Oral Answers to Questions

Caroline Flint Excerpts

Tuesday 15th June 2010 Commons Chamber

[Mr Djanogly]

We are considering Lord Lester’s private Member’s Bill. The issues involved in it are complex and of great breadth, so we will look at it carefully and respond at a later date.

[Caroline Flint (Don Valley) (Lab)]

5. What evidence he took into account in deciding to bring forward proposals to extend anonymity to defendants in rape trials.

[Meg Munn (Sheffield, Heeley) (Lab/Co-op)]

9. What evidence he took into account in deciding to propose to grant anonymity to defendants charged with rape.

--- Later in debate ---

[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.