Defendant Anonymity

Glenda Jackson Excerpts

Thursday 8th July 2010 Commons Chamber

[Maria Eagle]

I accept what my hon. Friend says. There is no doubt that rape can be a serial offence. Perpetrators of rape often do not stop at one offence; they continue their offending behaviour, so anything that deters victims or those who have been attacked from coming forward might have the unfortunate effect of making it more difficult to catch serial attackers at an early stage. It has been recognised for decades that gaining convictions is hard. The Minister read out the figures on attrition rates, to use that shorthand. Those figures show how hard it is to convict the guilty, so anything that makes it harder or deters people from coming forward or anything that makes it more likely that they will not believed when they do come forward can only be bad for the impact on conviction rates.

[Glenda Jackson (Hampstead and Kilburn) (Lab)]

I entirely agree with my hon. Friend that there has been an improvement in approaches to rape, but is not the underlying factor that informs—in my view, informs absolutely—what the Government are proposing the view that rape is an “avoidable” crime? It is assumed, for example, that if the woman had worn a longer skirt or drunk rather less or had not placed herself in situations that the external eye regards as dangerous, the rape could have been avoided. Would not the according of anonymity to an alleged perpetrator of rape simply reinforce that total fallacy, which it is so difficult to change?

[Maria Eagle]

I agree with my hon. Friend that there are many myths about rape. It is one of the few crimes for which victims are frequently blamed, if not by the statutory authorities, at least by society or certain elements of society or by those investigating the crime. One crucial thing we as a society must do if we want to convict more rapists is tackle all the causes of failure. We have to encourage those who have been raped to report in greater numbers, and we have to ensure that the support is there to enable them to go through the ordeal of trial and investigations, which can carry on for too long, often for many months. We must also provide aftercare and support for the victims. Anything that detracts from that will not help us as a society to deal with this heinous crime, and a consequence will be that more victims and more families will be affected. We should remember that it is often not just the victim herself who is affected by the crime and its aftermath but the children. We also need to bear in mind the fact that many children are themselves victims.

--- Later in debate ---

[Simon Hughes]

I hope that the hon. Lady will allow me to continue just for a second.

We requested that the Home Office commission a new study of why there is such a low conviction rate in England and Wales. We suggested a public information campaign to close the gap between the perception and the reality of rape. Only lastly did we suggest a change in the law—agreed after debate, discussion and a vote by a majority—to prohibit the media from identifying anyone directly or indirectly about whom a complaint of rape has been made, and until such time as they have been convicted.

It was therefore not surprising that the Government have looked at the issue, even though I accept that it was in neither the Liberal Democrat nor the Conservative manifesto. The public did not, therefore, become engaged on the matter in the election campaign. I am not defending the fact that the proposals are in the coalition agreement, but saying clearly that I am sure that if the outcome of this deliberation and the response to the Government’s policy proposal, which came from the Liberal Democrats, is a consensus in the House and around the country not to proceed, both parties are open to persuasion along that line.

I want us to go deliberatively, because there is a strong case for changing the law, but it is not a cut-and-dried, open-and-shut case. I hope that the rest of the debate is much less partisan than the beginning of it, because this is not a party political issue—[Interruption.] It is absolutely not a party political issue. People outside would not understand if we took partisan positions, and I absolutely encourage the Government to think like the Lord Chancellor, who was right that a non-whipped vote would be entirely appropriate. I am in favour of many more such votes on such matters, which are not proprietarily the view of one ideological group or the next.

[Glenda Jackson]

rose—

[Simon Hughes]

Let me make my other comments. If I have time to give way to the hon. Lady at the end, I will do so very willingly.

I want to address succinctly two wider issues that have been touched on. We must deal with the objective of maximising the number of people brought to justice for both rape and other serious sexual offences, but we must also achieve the second objective of avoiding the harmful stigma of such allegations, which can often lead to suicide, attempted suicide and the like, for which there is evidence. There are therefore two big criminal justice issues for our country—this is an England and Wales issue. We need first to decide whether open justice—the principle that the hon. Member for Garston and Halewood said should be our starting point, as it should—should be circumscribed at all. At the moment, we have done that for complainants in certain offences, but should we circumscribe open justice at all in relation to defendants? We could either do that for the category that I would call sexual offences against other people, by which I mean violent sexual assaults, which are not all rapes, or we could propose anonymity for other types of assault. I do not believe that there would be a case for inclusion for any other violent offences, and I am also not persuaded that child pornography or other such offences should be included. However, there may be a case for anonymity in cases involving sexual offences—of any type—against another.

The second question is on the limitation of the period of anonymity. Should we have a very limited period of anonymity, for example, up until charge, a longer period, which could last to the beginning of the trial, or the longest period, which would be up to the end of the trial and conviction?

I should like us to look very carefully and deliberatively at those two sets of options. Are we talking only about rape or about a wider set of sexual, serious, violent offences? Should anonymity last only for the period between arrest and charge or for longer? My hon. Friend the Minister and the Government want to listen to the voices and hear about the research. I hope that the House can do its duty properly and ensure that we come to the right conclusion. That will need a bit of time, but let us please not be overly partisan about it.

[Glenda Jackson (Hampstead and Kilburn) (Lab)]

The hon. Member for Bermondsey and Old Southwark (Simon Hughes) hopes that this will be a non-partisan debate. The speeches that we have listened to this afternoon have been non-partisan in a party political sense. However, in relation to the policy that his Government are presenting, there is a marked lack of evidence that the proposed change is necessary, or that it would bring about any kind of improvement in convictions for rape, which, if I understood him, was at the centre of his argument.

The hon. Gentleman also hoped that given the amount of time the Government are affording to the debate, decisions would come about by consensus in the House and the country. How can there possibly be any consensus in the country if his Government do not enter into the widest, deepest and most detailed consultation? The question remains: why have his Government selected the offence of rape? Why should alleged perpetrators of rape alone, among alleged perpetrators of other crimes of violence, be afforded anonymity? Answer has come there none.

As we heard in the excellent speech by my hon. Friend the Member for Garston and Halewood (Maria Eagle), the implications of that proposal are wider if we go down that road. She touched on the issue of affording anonymity to teachers, and the hon. Gentleman’s Government have again come up with no detail of the alleged offence that a teacher might have committed. She gave the graphic example—and we all know about this—of children who had been abused not only by teachers, but by members of their family or other people in authority, and the automatic response of society at the time had been to disbelieve the children, with the result that the abuse continued in an ever wider circle. I refer to the past, but from contemporary reports we know that this still goes on. The scandal of what has happened in the Catholic Church continues to reverberate. The central essential there was the idea that secrecy was all, and so the imbalance of power between the abused and the abuser was reinforced. That is my fear about this proposal and the selection of rape as the only violent act that is afforded this kind of anonymity.

In his opening remarks, the Minister said—forgive me for paraphrasing, but I cannot remember his exact words—that it is now an accepted absolute that acts of violence against women are anathema, and that everybody in this country, this House, the criminal justice system and the police service are automatically appalled by acts of violence against women and, as a result, are immediately on the front foot, exercising all their abilities, talents and resources to track down whomsoever commits such heinous acts. We all know that that is absolute fantasy. We are witnessing at the moment one of the largest manhunts that this country has ever seen to try to track down a man who, it is alleged, has murdered one individual and shot at and injured two others. He boasted before he left prison of what he planned to do. I have no doubt that prison officials were very busy, but I am equally sure that it went into that little pocket—although it is getting bigger and bigger in my view—of something called “a domestic” in the criminal justice and police system. All it needed was for those officials in the prison to take the threats seriously, to ring the alleged perpetrator’s local police station so that the police there could take those threats seriously themselves, and perhaps the largest manhunt in British history would never have needed to take place.

There is still, as I said in an earlier intervention, a prevailing view in this country that incidents of rape, for example, are the fault of the victim—[Interruption.] Members opposite may groan and moan, but it is not so long ago— I remember it distinctly—that a judge who summed up in a rape case advised the victim of the rape that she should perhaps have worn a longer skirt. I am sure that that would never happen now, but I think that people still have similar thought processes.

[Anna Soubry]

We all agree that there should be more argument based on evidence. Where is the hon. Lady’s evidence for the assertion that people still have those views of those who make complaints of rape?

[Glenda Jackson]

I am sorry, but I did not catch the end of the hon. Lady’s question. I will give her direct evidence of a constituency case of mine, in which a woman had been systematically abused by her partner. The law acted and an injunction was laid, meaning that the perpetrator of the offences was not allowed within a certain distance of their home. What happened? His brothers took over. It is a fantasy to think that everyone in this country regards acts of violence against women as totally beyond the pale. Let us take honour killings, for instance. Does she seriously think that people who are genuinely opposed to acts of violence against women would enter into an honour killing?

[Gareth Johnson (Dartford) (Con)]

Does the hon. Lady not accept that there is a huge danger, in this debate and any consultation process, of this becoming a battle of the sexes and a gender issue, when clearly it is not? Defendant anonymity and surrounding issues are about trying to impose fairness for all in the criminal justice system.

--- Later in debate ---

[Glenda Jackson]

With all due respect to the hon. Gentleman, the evidence presented in the Chamber—obviously he is not the only person on the Conservative Benches obsessed with evidence-based decisions—shows that rape is exercised almost exclusively against women, so there is a gender base.

[Anna Soubry]

Some 40% of all rape complainants are either male or children, and of the 60% who are aged over 16 and female, we do not know—we do not have the statistics—how many made a complaint about something that happened to them when they were children. It is unfortunate that we do not have those statistics after 13 years of a Labour Government.

[Glenda Jackson]

We have already established that, as far as children are concerned, we are all in absolute agreement. That is why the question has been asked: why has an alleged rapist been afforded the privilege of anonymity, but someone who, for example, has been downloading child pornography has not? It has not been explained to me why rape is the act being afforded this particular privilege. I would argue that, if the Government go down this road, they will deeply undermine the concept of the unacceptability of rape and general acts of violence against women. Far too often, we hear of cases in which, for example, a woman has laid before the police the serious threats she is facing daily from an ex-partner. We then read that the police did absolutely nothing about it. We know of terrible incidents—one cannot say it is more terrible than when children are killed—in which such women and their children have then been killed by those partners. I have already given the example of honour killings.

In a recent, highly publicised case of the most heinous crimes, every report began not with “Three women were murdered”, but with “Three prostitutes were murdered”. I return to what I believe is still a central issue here, and a reason I am so opposed to the Government’s proposal: there is still the belief that attacks on women are engendered by the women themselves.

[Anna Soubry]

indicated dissent.

[Glenda Jackson]

It is no use the hon. Lady shaking her head. We both know of incidents in which people have not reported an incident of rape because they were drunk at the time, and they know that they would be castigated for it. Equally she knows that when women do come forward claiming to have been raped, the initial response in quite a wide circle is that they are making it up, which is why we have to be exceedingly careful about going down this road of putting rape in this special category that other violent crimes are not granted. If the Government were arguing that all violent and violent sexual crimes should be afforded anonymity, and if there were sufficiently wide consultation on the proposal—not just in the House, but in the country at large—I would be prepared to consider the Government’s central argument, which is that a false accusation can damage an individual’s life, their family’s life, and, in some instances, their professional life. However, I entirely agree with the point that if we go down that road, we will be undermining one of the basic concepts of our criminal justice system, which is that accusation and argument in criminal cases should take place in public. I would be extremely chary of moving away from that position, but what the Government are proposing and their lack of commitment to wide consultation cause me grave concern.

My hon. Friend the Member for Garston and Halewood, speaking from the Opposition Front Bench, made a salient point when she raised the issue of freedom of the press. That is another issue that we must consider deeply before we make any changes. However, I return to the point that I made slightly earlier, and which reinforces my contention that we are still insufficiently adamant or active and that insufficient resources are put into tackling the broader issue of acts of violence against women. I gave the example of the recent incident where three women were brutally murdered and every single news outlet began its report of the event with the words, “Three prostitutes”.

I also think that Dr Shipman would perhaps not have got away with his mass murder if his victims had been young women, as opposed to middle-aged or elderly women, because there would undoubtedly have been a desire on the part of the press—well, perhaps “desire” is an extreme word—to present the case as though these particular acts against women had a sexual undertone. In my view there is still this prevailing attitude—it might not be directly acknowledged, but it permeates so many aspects of the criminal justice system and law enforcement—when it comes to acts of violence against women, for the immediate reaction is to say, “We have to be careful about this.”

Hon. Members will know the argument about malicious accusation, but I have seen too many constituency cases and too many women and their children who have been brutalised because not enough people have taken what has been said to them sufficiently seriously, often ignoring the evidence before their eyes. The hon. Member for Gillingham and Rainham (Rehman Chishti) made a salient point in his maiden speech when he talked about the different approaches to such crimes in Europe, where there are special courts that are properly financed, with support for victims. That is a lesson that we should be learning in this country far more quickly than we are. I absolutely admit that we have made strides in that direction, but we need to make bigger strides and more of them.

--- Later in debate ---

[Michael Ellis (Northampton North) (Con)]

Several Members have asked the rhetorical question, “Why treat rape differently?” The reality is—I say this having had 16 years of experience at the criminal Bar in England and Wales—that it would not be treated differently by the law in several respects. The identity of defendants is withheld every day in hundreds of cases in our criminal justice system in cases in youth courts, or those with persons under the age of 16 who are involved in proceedings. That has been so since the Children and Young Persons Act 1933, so there are plenty of such examples every day. I accept that that relates to young people, but the principle exists.

That principle was reinforced by the previous Labour Government and applied to adults in relation to certain terrorist offences. Thanks to Labour legislation, the anonymity of defendants was applied in those cases, which is why one reads in the media about the cases of N or A. When Labour Members refer to the uniqueness of this proposition, I submit that they are wrong for those reasons.

Rape is also different from other offences. Often it is one person’s word against that of another, particularly as regards allegations when consent is an issue. Of course, in cases when consent is not an issue, the same principle does not apply. A situation in which the evidence is the word of one person against that of another—I do not exclude males here, because males can be victims of rape, as we have discussed—can never be the case in allegations of sexual offences against children. Consent will never be the issue there. When consent is an issue among adults in a rape case, there is often no supporting evidence for a jury to get a grip of that can corroborate a complainant’s account. That makes rape different from many other offences that are prosecuted in our courts and it might partly account for the exceptionally low conviction rate for rape—assuming that one accepts there is an unusually low conviction rate, because that is not universally accepted within the profession.

In every case, jurors have to be sure of a defendant’s guilt beyond reasonable doubt before they convict. When it is one person’s word against another’s, my experience, and no doubt that of others who have practised in the criminal courts, is that juries may be unconvinced that they can be sure enough to convict someone of such a serious offence. In almost every other case nowadays, before a court prosecution is launched, the Crown Prosecution Service will require corroborative inculpatory evidence against the defendant, such as forensic, CCTV or eye-witness evidence. The prosecution would be very unlikely to proceed in cases of murder, grievous bodily harm or similar offences without some evidence other than one person saying, “This is what happened.”

No doubt, hon. Members will know that in every case the CPS has to satisfy itself regarding two criteria—first, that there is a realistic prospect of conviction and secondly, that it is in the public interest to proceed. To satisfy the first test, supporting evidence would invariably be needed. It has been my experience, and that of others from the Bar who have spoken in the debate, that that test seems not to have been applied by prosecutors in rape cases. It seems that prosecutors are much more robust about telling the police that they are disinclined to prosecute grievous bodily harm or actual bodily harm cases to court because there is not enough evidence, whereas that decision seems to be left more to jurors in rape cases. I urge that prosecutors should think carefully about applying a proper test to rape, because nothing in law separates rape cases from the requirement that there should be a realistic prospect of conviction. Rape has those unique characteristics, so it stands apart from most other offences in the criminal lexicon.

A second reason that I offer for the low conviction rate is the fact that the law makes no differentiation between a stranger rape, as they are sometimes called, and another type of rape in which the accused is known to the victim. I am not calling for the law to make that differentiation, but jurors invariably do make a distinction. Many members of the Bar have found that jurors are reluctant to convict of rape when there have been historical sexual relations of a consensual sort many times, because they know that the sentence will be particularly severe.

Labour Members often ask what makes rape different, but their Government made it different legally. One more example of that is that the Youth Justice and Criminal Evidence Act 1999 recognised sexual offences as different, and section 41 placed restrictions on the cross-examination of rape complainants, creating a presumption against asking questions about previous sexual history. I do not argue that that is inappropriate, but it does restrict barristers from asking questions in court in a way that simply does not apply to other types of offence.

[Glenda Jackson]

Why does the hon. Gentleman think that the previous Government changed the law in that way? Surely it was because of the kind of severe cross-examination of rape victims that had taken place previously in which victims were reduced to tears in the witness box, which had clear implications. One point that we have been arguing all afternoon is that that reduced the likelihood of a woman who had experienced rape from coming forward and making such allegations.

[Michael Ellis]

Nothing I say is designed to make it more difficult for women to make a complaint of rape. I accept and understand from my professional knowledge that it is an extremely difficult thing for women and men to do. However, my example showed how that offence is treated differently by the law. When Opposition Members ask why I say that such cases are different from all others, I fear that their argument is weakened by the provisions in their 1999 Act.

We are not talking about false allegations of rape as such, but it is right to bear it in mind that we have a system that we must cherish: a person is innocent until proven guilty. I accept that there must be no barrier to people making a complaint, because it is already extremely difficult for them to do so; but Her Majesty’s Government are not trying to do that in this proposal. Rape is uniquely stigmatising, so much so that if one goes to prison, as I have done—obviously to see clients—one can see what happens there. Prisoners charged with rape—never mind convicted—are treated differently from other prisoners. The sad reality is that a person charged or convicted of murder or a serious offence of violence can actually be respected in the prisoner context, but those accused of rape have to be segregated. There is a unique stigma.

Rape is uniquely stigmatising and it is already treated differently by the law. I give an example, from my legal knowledge. A 17-year-old military recruit and a younger girl, aged 16, made contact via the internet. He travelled to meet her and they had sexual relations. He drove her home, by which time her father was out looking for her; indeed, she saw him in the car. At her doorstep, the mother asked, “What has he made you do?” The girl had some psychological problems and it was clear from computer conversations with friends that she was very frightened, but it was also apparent that the case was prosecuted wholly partially, with officers repeatedly reassuring her at interview that she had done the right thing. Of course, they wanted to do the right thing for her, but one has to ask whether it was doing the right thing by a complainant to reassure her repeatedly and not put her, or him, to the test on the quality of their evidence. It will be explored in court proceedings, which puts the complainant under even more pressure.

In the case I am describing, the young man was remanded, released on bail and remanded again. The case came before a Crown Court judge and when counsel—not me—asked the first question, “He didn’t rape you, did he?”, the answer was “No”, and the case was dismissed. I regret to inform Members that such cases happen on a regular basis.

--- Later in debate ---

[Mr Djanogly]

I will not, because I have little time and I have a lot to do.

I share my hon. Friend the Under-Secretary’s view that our proposal has been somewhat misrepresented. Our position is not anti-women in any way, shape or form. It does not imply any view of the prevalence or otherwise of false allegations. There is no evidence that our position will reduce the likelihood of women reporting rape, as has been suggested. There is considerable evidence that rape is under-reported and that most attrition happens in the pre-charge stages where victims or the police decide not to proceed. The difficulties involved for victims were well explained by the hon. Member for Sheffield, Heeley and my hon. Friend the Member for Totnes (Dr Wollaston). They advised that we must be careful not to create barriers preventing victims from coming forward. The hon. Member for Swansea West (Geraint Davies) and my hon. Friend the Member for Oxford West and Abingdon (Nicola Blackwood) drew attention to the dangers that would result if we got that wrong.

Many Members explained why rape is often not reported to the police. As the hon. Member for Llanelli (Nia Griffith) pointed out, victims may think that the police will not see what happened as rape, they may have a general distrust of the police and criminal justice agencies, or there may be language or communication difficulties. Sometimes there is a fear of disbelief, blame, judgment or further attack, or a fear that friends or family will come to know about the incident. I was pleased that the hon. Member for Sheffield, Heeley and my hon. Friend the Member for Broxtowe (Anna Soubry) noted that rape is not a gender issue. The issue normally comes down to the lack of consent. My hon. Friend the Member for Northampton North (Michael Ellis) elaborated very well on that point, as did the hon. Member for Newcastle upon Tyne Central (Chi Onwurah).

Let me make it clear to the hon. Member for Hampstead and Kilburn (Glenda Jackson) that the Government are not complacent about rape. As she will know, 18% of respondents to a recent London survey of 1,061 people aged 18 to 50 agreed with the statement that most claims of rape are probably not true. That is obviously a matter of great concern, which is why it is so important for the Government to continue to work hard, in partnership with other agencies, to engender a more civilised 21st-century view.

[Glenda Jackson]

Will the Minister give way?

[Mr Djanogly]

I am afraid I cannot.

Let me say to the right hon. Member for Don Valley (Caroline Flint) and the hon. Member for Walthamstow that, as my hon. Friend the Under-Secretary of State told the House earlier, there is no evidence that defendant anonymity would have an adverse impact on reporting. Victims may well be encouraged to come forward by the understanding that the criminal justice system is likely to deal with their complaint effectively and anonymously, but, as my hon. Friend pointed out, it is difficult to understand how a suspect’s or even a charged defendant’s anonymity can have an impact.

A more interesting suggestion relates to anonymity and previous offending by a defendant. Many people claim that defendant anonymity would prevent other victims from coming forward. Research conducted by Feist and others in 2007 suggests that being able to link an assault to another sexual assault against another victim is likely to help to secure a conviction, so the point is important.

There is some anecdotal evidence that publicity surrounding a case has allowed more victims to come forward. The case of John Worboys is most commonly cited in that context, and was indeed cited today by my hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes). It is not clear, however, whether the defendant’s name or the release of other characteristics, such as a suspect’s distinctive modus operandi, is the most important factor. That was mentioned by my hon. Friend the Member for Oxford West and Abingdon and by the hon. Member for Newcastle upon Tyne Central, although I think the latter reached a different conclusion. My hon. Friend the Under-Secretary spoke in detail about the point during an Adjournment debate on 7 June, and I know that he was grateful for the information he subsequently received from the right hon. Member for Don Valley, who spoke today with knowledge about an issue about which she cares very much.

More generally, the overriding impression given by many Members was of the sheer complexity of the subject matter that we have been debating. We heard about the history of anonymity for defendants in rape cases, which goes back well over 30 years. During that period, the legislation has fluctuated between diametrically opposed policy positions, and it has been a talking point over a number of changes of Administration.

As for the scope of anonymity, some Members have said that our proposals are not specific enough, while others—and, in some instances, the same ones—have said that we are wrong to include only rape, and to exclude other offences. What we are doing is delivering on coalition Government promises. The Opposition may not like that, but this is what we promised, and this is what we are going to do. I note that the Home Affairs Committee may now wish to consider the wider issues. We shall be pleased to see its report, and to engage with it and the House on those wider issues.

Anonymity in rape cases is clearly precedented. If other offences are now to be included, we will need to review which ones. We will need to do that very carefully, not least because of the impact the arguments for press freedom will have on the scope. We will want the scope to be as narrow as possible. This is a big area and we will remain open to discussion, but it needs to be put in that context.

The issue of anonymity for rape defendants has been bound up by some with our other coalition commitment that we will give anonymity to teachers accused by pupils. That also has a long and complex history, as was highlighted by my hon. Friend the Member for Oxford West and Abingdon, but we do not necessarily see the two situations as the same. The two commitments we have made will need to be reviewed as stand-alone issues even if their remedy may have certain similar aspects.

I have pointed to the complexity of the historical background, but anonymity also raises some complex legal issues. In the particular context of rape, it is clear that anonymity cannot be invariable and absolute, because there may well be situations in which it should be waived. The obvious example is where a suspect needs to be apprehended, but there are others. My hon. Friend the Member for Broxtowe made a strong case for judicial involvement in waiving anonymity where relevant, and my hon. Friend the Member for Hexham (Guy Opperman) also made some wise observations on publicity. Their experience in this area came to the fore in their valuable contributions.

Another issue was mentioned by my right hon. and learned Friend the Attorney-General during the passage of the Sexual Offences Act 2003. He asked about the situation in which the media want to publicise the fact that public authorities are reluctant to act in a case where action appears justified. Another example could be that where suspects wanted to waive their own anonymity, for example in order to establish an alibi. That would itself generate issues. Should the suspect’s right of waiver be absolute, even if it could result in identifying the complainant in a case? Taking all the above into account, I hope the House understands why we have consistently made it clear that we need to address this subject carefully, keeping our options open until the time is right to made our detailed position known. That approach was clearly right, and remains so.

The hon. Member for Garston and Halewood criticised the coalition Government commitment for containing only a broad statement of principle, but that is what it was—a broad statement of principle. We have now refined it without losing the principle, and we have always been clear that there are various ways in which the commitment could be implemented.

My hon. Friends the Members for Corby (Ms Bagshawe), for Cannock Chase, for Gillingham and Rainham, for Broxtowe, for Hexham and for Oxford West and Abingdon all in their different ways powerfully and appropriately described the real and damaging consequences of false accusation and the importance of presumption of innocence in our law. The theme of false accusation was elaborated on very eloquently by the right hon. Member for Leicester East, who asked if the Government will be carrying out research into false allegations, as called for by Baroness Stern. I can advise him that that is under consideration by the relevant Departments as part of our overall response to Baroness Stern’s review.

The hon. Member for Garston and Halewood mentioned aspects of the previous Government’s record on assisting rape victim support, many of which were very worthy achievements which we hope to develop. She was less forthcoming, however, about the fact that, as my hon. Friend the Member for Bermondsey and Old Southwark noted, after a decade of Labour Government the situation for victims is still very far from what anyone in this Chamber would wish it to be. In that context, I think the Opposition may wish to consider working with us on a consensual basis, rather than adopting an aggressive approach to this serious issue. That is what the public will wish to see, I dare to say. In the meantime, as my hon. Friend the Under-Secretary said earlier, we will continue to investigate those areas that still require further thought, including whether anonymity might frustrate investigations, and any other gaps.

I can assure the hon. Member for Garston and Halewood that we will consult and seek views. However, we do not, as my hon. Friend said, see any case for holding a formal public consultation as we believe that the detailed arguments on the specific issue of rape are very well established.

Let me conclude by saying that the Government—

Motion lapsed (Standing Order No. 9(3))