Protecting the Public and Justice for Victims

David Lammy Excerpts

Wednesday 9th June 2021 Commons Chamber

[Mr David Lammy (Tottenham) (Lab)]

I beg to move,

That this House regrets the unprecedented backlog of more than 57,000 Crown Court cases, as well as record low convictions for rape and a collapse in convictions for all serious crime; calls on the Government to set up more Nightingale Courts, to enshrine victims’ rights in law and to introduce the proposals set out in Labour’s ‘Ending Violence Against Women and Girls’ Green Paper; and further calls on the Secretary of State for Justice to update the House in person on progress made in reducing the court backlog by 22 July.

As always, it is good to see the Secretary of State for Justice in his rightful place.

In 1915, Franz Kafka wrote “The Trial”, which was about a young bank official, Josef K, who was arrested and prosecuted by a distant bureaucratic state, despite having done nothing wrong. The novel chronicles his lifelong struggle and frustrations with the invisible law and untouchable court. Readers of Kafka are shocked by the grindingly mundane frustrations of Josef K’s trial, which goes on for an entire year.

As has been repeated so many times, reality is often stranger than fiction. Today, in modern Britain, it can take multiple years before victims of crime and the accused finally get their day in court. Simon Foster, the new West Midlands police and crime commissioner, recently explained that he had seen court trial dates set for as late as 2024. He was right to pin the blame on the mismanagement and reckless neglect of the justice system over the past decade. Disturbingly, he warned that the delays would put domestic abuse, violence against women and rape cases at particular risk of collapse, due, of course, to the vulnerability of the witnesses.

I do not enjoy having to repeat the damning statistics that show that the Government are failing the survivors of violence against women and girls—frankly, they break my heart, and they should break all our hearts—but it is necessary for the House to recognise the scale of the problem that the Government have created if we are to have any chance of fixing it. In 2019-2020, the number of rape convictions in England and Wales fell to a record low: just 1,439 suspects in cases where a rape had been alleged were convicted of rape or another crime—half the number three years before. I am sorry to detain the Secretary of State, but I repeat that, because it is worth listening to: just 1,439 suspects in cases where a rape had been alleged were convicted of rape or another crime —half the number just three years before. Fewer than one in 60 rape cases recorded by the police last year resulted in a suspect being charged. The public have lost faith in those who are supposed to keep them safe: seven in 10 women say that the Government’s efforts to make the UK safer for women are not working.

[Catherine West (Hornsey and Wood Green) (Lab)]

My right hon. Friend is making an excellent point. Would he agree with me that behind all of these statistics is often a desperate young woman not knowing what her rights are, waiting months for an independent violence and sexual assault advocate, and just in desperate straits, and that the House has to push harder on this Government to get it right? It is completely unacceptable.

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[Mr Lammy]

I am really grateful to my hon. Friend for conveying the seriousness of this. A young woman who has been subject to a rape is frightened, lonely, and confused, and feels all sorts of things, and we have to look into our hearts and really ask: have we arrived at that place where that young woman is supported? This debate, in part, is to say that there is more to do. That ought not to be a terribly partisan statement. It is a statement that we have to do better as a nation by those young women.

Some 89% of women and 76% of men say that tougher sentencing for sexual harassment, sexual assault and domestic violence would also make women feel safer. Frankly, while the Government dither—and we have been surprised on the Labour Benches by the dither—Labour has had to step in. Today, we ask Members of Parliament from all parties to back our plans to do a few things: to make misogyny a hate crime; to increase sentences for rapists and stalkers; to create new specific offences for street sexual harassment and sex for rent; to reverse this Government’s record low conviction rates for rape, with a package of policies to improve victims’ experiences in the courts, including by fast-tracking rape and sexual violence cases, offering legal help for victims and better training for professionals; to remove legal barriers that prevent victims of domestic abuse getting the help they need through legal aid; to bring in new custodial sentences for those who name victims of rape and sexual assault; to train teachers to help identify and respond to the support child victims of domestic abuse need; to repeal the rape clause for social security claims; and to introduce binding national indicators to hold the Government to account.

The Opposition’s plea to the Government is to work cross-party on this initiative. I say to the Secretary of State again, and I have said it across the Floor of the House, that although the Secretary of State and I have a good relationship, I am worried that he sees this more as partisan in nature rather than us being able to work in a bipartisan way on an issue of such importance. His whole posture this afternoon—hands across his chest, looking away—does not convey what we typically understand of the status of his office.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

I do not want the right hon. Gentleman to misinterpret any of my body language, but the reason for it is that he and his party had a chance to work cross-party by voting for the Police, Crime, Sentencing and Courts Bill, and he did not do that. All I see from him, with the greatest of respect, is dither and irresolution.

[Mr Lammy]

I do not want to put the women I am talking about in any kind of political posture, but the Secretary of State knows that nothing in his Bill increases the sentence length for rape. [Interruption.] The Secretary of State is able to get to his feet if I am wrong.

[Robert Buckland]

I am happy to explain again why the Bill makes it absolutely clear that those sentenced for serious offences including rape will serve longer in custody. For those serving sentences of four years or more the automatic release date will now be two thirds—it will no longer be half, which was of course the policy of the right hon. Gentleman’s Government—and that builds on the change we made last year to make sure that sentences of seven years or more for serious crimes including rape also met with the same term of imprisonment, namely automatic release after two thirds as opposed to half. That is a longer term of imprisonment.

[Mr Lammy]

I said in terms, in Hansard, that nothing in the Bill increases the sentences for rape, and the Secretary of State gets to his feet and talks about time served, not what my party is proposing, which is increasing sentences for rape. My suggestion is that nothing in his Bill increases the sentence length for rape, for sexual assault, for harassment or for stalking; just as the Secretary of State is legally qualified, so am I, and he has confirmed in terms that while his Bill deals with time served, it does not increase the sentences for rape.

[Robert Buckland]

indicated dissent.

[Mr Lammy]

The Secretary of State is shaking his head; he can come to the Dispatch Box once more to make his case.

[Robert Buckland]

I am absolutely delighted to come to the Dispatch Box at the invitation of the right hon. Gentleman. Let me remind him that in the past 10 years the average sentence for rape has increased dramatically, up to about 10 years, and the maximum is life in prison. I thought that he and I were interested in making sure that more and more perpetrators—[Interruption.] I can do without a running commentary from the hon. Member for Hove (Peter Kyle). The way in which we encourage people to come forward and make sure that their cases are heard is to encourage more and more people to plead guilty. I ask the right hon. Gentleman to tell me how any of these back-of-a-cigarette-packet measures that he proposes actually amount to anything when it comes to the effective prosecution and detection of people who commit rape.

[Mr Lammy]

Nothing in the Bill is specific on crimes that disproportionately affect women; in 296 pages the Bill does not even mention women once. We need an increase in the minimum tariff for those who commit rape and stalking. The Labour party is clear on that. I wish the Secretary of State would get beyond the hot wind—stop talking about time served and talk about minimum sentences. He has been a barrister for long enough; he must know the difference between time served and a minimum sentence. It is surprising, frankly, that I have to re-educate him on what a minimum sentence served is.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I have a lot of time for the right hon. Gentleman and respect him as a lawyer, as I respect the Secretary of State, but he will know that if we are going to have a discussion about specific nomenclature the truth is that, whether we talk about time served or minimum sentences, to say that we should increase the sentence for rape is not something that can realistically be done because the maximum sentence for rape is, as a matter of common law, life imprisonment. I accept that there is a legitimate debate to be had about how long that should translate to in practice through guidance and other matters, but it is not fair, I respectfully suggest, to talk about failing to increase what is already a life sentence; that is just a matter of law.

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[Mr Lammy]

I am grateful to the hon. Gentleman for seeking to assist his good friend the Secretary of State, but let me just say to him that all around the common law world—in Australia, in New Zealand, in the United States of America—there is a movement to increase the minimum sentences for rape. We in this party have looked closely at what has been done in those jurisdictions. I think in India the term has just increased to nine years because of the controversies around some rape cases there in the past few years, and in Australia it has increased to, I think, seven years. For that reason, it is our position that we should increase the minimum tariff.

I recognise that there is a legitimate debate around time served, and the Secretary of State has put his position in the Bill. I recognise also that, for heinous crimes, a whole life-sentence is appropriate. Indeed, we propose that in the Bill—someone who abducts, rapes and kidnaps a woman should serve a whole-life sentence. That is not currently in the Bill—we are proposing that. I will not refer to the controversial case before the courts at the moment, but the hon. Gentleman knows why we are proposing that. I say to him gently that this debate boils down to the value of a woman’s body and how seriously our party is taking it. That is why there is a serious legal disagreement between myself and the Secretary of State.

If we do not work cross-party on this, the Government will, in our view and in my view, be letting down victims of rape, domestic abuse, assault and violence once again. It is impossible to separate that failure of victims of violence against women and girls from the Government’s failures across the justice system as a whole. The backlog in the Crown courts is at an unprecedented level of more than 57,000 cases. It sat at 39,000 cases even before the pandemic began.

The backlog has been exacerbated by the pandemic, but it was created by the decision of this Conservative Government to close half of all courts in England and Wales between 2010 and 2019, allowing 27,000 fewer sitting days than in 2016. As the Secretary of State stares at the backlog figures, which worsen every month, does he now regret his Government closing the courts and telling those that stayed open to have so many days off?

[Mr Toby Perkins (Chesterfield) (Lab)]

My right hon. Friend is making an incredibly important point. There is no way that a party that has presided over the court backlog that we have—which has a huge impact on victims, who are sat nervously waiting to see perpetrators in court and then hopefully in prison—can say that it is in any way serious about being tough on crime, is there?

[Mr Lammy]

It absolutely cannot say that it is tough on crime when victims of crime face watching their cases collapse. I recognise that this has been a very pressured time—it is a pandemic—and the Secretary of State has had to deal with a range of issues in our prisons, in our probation, in our police and in relation to our judiciary. I recognise that, but in the end, the justice system has to serve victims of crime, and palpably and honestly, on any objective measure, things have got worse for victims of crime in our courts, and we need to do something about it.

[Richard Graham (Gloucester) (Con)]

First, the right hon. Gentleman might be interested to know that I spoke to our Crown court judge in Gloucester earlier this afternoon, who confirmed that the backlog has been lower month by month over the last six months, and it is lower than it was before the pandemic. One key reason for that is that it uses the court resolution process very effectively.

Secondly, although the right hon. Gentleman is making a strong pitch for why he wants to look after the victims of justice, where were he and his colleagues when policemen were getting injured in Bristol and police vans were being set on fire? Where was he when the windows of retail shops and banks were being smashed and people were clambering over the tops of railway trains, endangering life?

[Mr Lammy]

In 2010, 152,791 Crown court cases took, on average, 391 days to complete. In 2019, 107,913 cases took an average of 511 days, meaning that 30% fewer cases took over 75% longer to complete. The hon. Gentleman can add up—that is a poor record, on any analysis. He asks where I was. All I can say is that I am the shadow Secretary of State for Justice; I condemn the violence, but I do not think anybody expected me to be part of the policing.



Under the Conservatives, rapists, thieves, arsonists and those who commit fraud have never had it so good. Convictions for rape, robbery, theft, criminal damage, arson, drug offences and fraud have fallen to a 10-year low. The total number of convictions has collapsed from 570,000 in 2010 when Labour left office to 338,000 in 2020 after a decade of Conservative rule.

It is important that we look back to learn the lessons of this Government’s mistakes, but we must also look forward if we are going to fix this, and the solutions are pretty straightforward. We need more sitting days and more court space. Labour has called for a guarantee of at least 33,000 more sitting days. We are glad that the Government seem to have listened to our campaigning on this, but we also need to see the creation of more Nightingale courts if we are to end the delays. Will the Secretary of State promise, when he gets to his feet, to keep Nightingale courts open for longer, as well as to open more of them, to reverse the delays?

To address the crisis that victims are facing, the Government’s priority must be to introduce measures to reverse the backlog and to tackle violence against women and girls, but we must do more than that to protect the public and keep victims of crime safe. More than a quarter of all crimes are not being prosecuted because victims are dropping out of the process entirely. One million victims every year are being failed by the very system that is supposed to protect them. On top of denying justice through delays, this Government have so far failed in the simple task of enshrining victims’ legally enforceable rights. The Conservatives have promised a victims Bill in almost every Queen’s Speech since 2016 and in their past three manifestos, but five years on, their Bill has still not appeared in Parliament. The latest farce is that the Government are promising to publish a draft. It is getting draughty here with all the hot wind!

Labour has its full victims Bill published, brought to Parliament and ready to go. This would put key victims’ rights on a statutory footing, including the right for victims to read their rights at the point of reporting; the right to regular information; the right for victims to make a personal statement to be read out at court; and the right of access to special measures, including video links at court. Similarly, Labour’s Bill would include a number of new protections for victims. Victims of persistent unresolved antisocial behaviour would be given support for the first time. We would introduce new sanctions for non-compliance with victims’ rights. We would introduce victim strategies with mandatory equality impact assessments. We would enhance the role of the Victims’ Commissioner. We would guarantee the equal treatment of victims with insecure immigration status. We would put a statutory protection on agencies to report concerns on child sexual and criminal exploitation.

These are not partisan issues, and any Member of Parliament who recognises that this is the right way forward should vote with us tonight. No more hot wind. No more getting up and talking about time served or defending a record. We know it has been tough—we are in a pandemic—but victims cannot wait, and we cannot have a situation in which the Justice Department in the Government is letting down that important relationship with the Home Office. I think that might be what is happening at the moment.

The mistakes of this Justice Secretary and his Conservative predecessors were closing courts, cutting police, cutting the prosecution service and the de-prioritisation of crime. This has led to a backlog that is unprecedented, delays that are forcing victims of crime to drop out, and inefficiencies that are letting dangerous criminals get away with murder. But the present Justice Secretary’s failures are more of inaction than of the wrong actions: a failure to address violence against women and girls even when we offer him the measures to help him to tackle it, a failure to protect victims’ rights even when we offer him a Bill that is published and ready to go, a failure to reverse the backlog in the Crown courts even when it is obvious that he just needs to encourage and create sufficient space.

Inaction can be just as costly as the wrong actions. Inaction is standing by whistling to yourself while the world around you burns. Inaction is ignoring the desperate pleas of victims denied justice. Inaction is complicity. The result is a justice system that has become Kafkaesque for victims, as well as for the wrongly accused. Arrests are slow, if they happen at all. If they are lucky, victims are given court dates that are many months or even years later. Trials are then delayed. New court dates are rescheduled, then delayed, then rescheduled, then delayed, then rescheduled, then delayed.

I ask the Justice Secretary and Members of Parliament from all parties across the House to end the inaction and vote with the Opposition today. Now is the time when we all need to step up, put aside any partisan differences and act.

[Madam Deputy Speaker (Dame Eleanor Laing)]

It will be obvious to the Chamber that a great many people wish to speak this afternoon. Just for a change, we will not have a three-minute limit; we will start with a six-minute limit, which will reduce later depending on how long Members take to speak.

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[Robert Buckland]

I am grateful to my hon. Friend, who raises an important issue. Clearly, the abduction and theft of much-loved pets has caused real distress to too many people. During the lockdown, we have seen the rise in pet ownership, because of the comfort and company that much-loved pets bring, yet there is no doubt that there is an insidious market in the underhand sale of animals. Clearly, there is a wider issue here that needs to be looked at, which is why I was delighted to help bring together my right hon. Friends the Home Secretary and the Environment Secretary to form the taskforce. We are looking at legislative measures, whether they relate to enhancing cruelty laws, on which we have already taken important action, increasing the maximum to five years, or to looking at stamping out the trade itself, in a way that we did several years ago with regard to scrap metal, where there were a spate of thefts and real misery for many people. We are looking at this in great depth and we aim to come back in a short while with a report. If that means we need to legislate, of course we will do so.

I wanted to talk about victims. The hon. Member for Hove (Peter Kyle) is not in his place, but I wanted to pay a bit of a tribute to him for the work he did when he was in the shadow team with the right hon. Member for Tottenham. The hon. Gentleman has been consistent on these issues and I respect that, and I listened carefully to what he said. My proposed way forward of having, first, a proper and full consultation to make sure that this legislation is future-proofed and fit for purpose, together with the draft Bill approach, will give everybody the chance to really bring a cross-party flavour to what our deliberations should be, to make sure that any product is going to be the result of mature and careful deliberation, so that we are not just paying lip service to these issues and not just enshrining the victims’ code into law, important though that is, but we are looking carefully at how people, organisations and agencies are held accountable. That is the big question we all need to ask ourselves. Here is the challenge for the right hon. Gentleman and others in this House: we have to balance the important principles of independence of prosecutorial authorities and other agencies within the criminal justice system, with the clear and present need for victims of crime to feel that if something has gone wrong, not only can they go and complain to somebody, but there is an outcome they can be satisfied with—there is accountability for any failure or dislocation in the system. That is what we all need to put our shoulders to the wheel on. I am sure that, in the spirit of the exhortation from the right hon. Gentleman, he will take that away and consider the offer that I make for how we can create a truly transformative victims law.

[Mr Lammy]

I am grateful to the Secretary of State for that undertaking, and of course I will work with him on that. I am grateful that he paid tribute to my hon. Friend the Member for Hove (Peter Kyle). I just remind him that my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) gave us the first victims Bill and also takes this very seriously, so—how can I put this?—if my boss takes it seriously, I take it seriously, and I am happy to work with the Secretary of State to deliver that victims Bill. We all know that we can do more for victims.

[Robert Buckland]

To add to the number, the Prime Minister, too, takes this very seriously. It is his absolute wish to see the quality of support given to victims to be the best in the world, and that is my ambition. I know that it is the ambition shared by Labour too, and I am grateful to the right hon. Gentleman.

On the need for changes, I am absolutely focused not just on legislation but on culture. The way in which we approach violence against women and girls has to improve. I have mentioned the important action we have already taken. The new strategies to be published this year on violence against women and girls and domestic abuse will help all agencies to drive the step change that we need. The independent review that I will undertake with regard to the sentencing of domestic homicide cases is a vital part of that, so that we can better understand sentencing practice and consider the need for change. In the context of some of the proposals from the right hon. Gentleman, that review will be very important when it comes to the overall impact of any changes, however well intentioned they might be. I talked in some of my interventions about the important changes that I would commend to the House with regard to the Bill that is currently in Committee. I have also mentioned the end- to-end rape review.

As the new super-courtrooms are brought into service, one at Manchester and one at Loughborough, that will further enhance the ability of the system to deal with some of the larger, gang-related offences and multi-handed defendant cases that have been a real concern to all of us who want to see justice being done. As we future-proof legislation to allow more easy use of virtual hearings throughout the process, this is an example, again, of the Government putting those who use the service first—the victims and the witnesses of criminal offences. Remember that a system is worth nothing if it does not genuinely serve the British public and create a sense of confidence that when people come forward with serious complaints, they will be dealt with properly, professionally and expeditiously. Those are the aims that I have. It is all about recovery, rebuilding and restoring our justice system.

While I absolutely take on board the proper observations made by Labour Members, I say this to them: everything I seek to do is in the spirit of genuine collaboration and co-operation. Justice is too important for us to just leave it to mere party politics. I hope that as the weeks and months go forward, we can move away from a spirit of confrontation and remember that the work that continues to be done by this Government in order to combat crime and to deal with an effective criminal justice system is never finished. I can assure this House that, with regard to my commitment, and the commitment of my ministerial team and everybody at the Ministry of Justice, we are working daily and tirelessly to achieve the goals that all of us would wish to see. Justice is beyond measure. It has been part of my entire adult life. I am privileged to be able, in my term of office, to work to achieve the goals that I think all of us would want to see reached.