Oral Answers to Questions

Kate Osborne Excerpts

Tuesday 18th October 2022 Commons Chamber

[Kate Osborne (Jarrow) (Lab)]

2. What steps his Department is taking to reform the criminal justice system to help tackle violence against women and girls.

[Helen Hayes (Dulwich and West Norwood) (Lab)]

12. What steps his Department is taking to reform the criminal justice system to help tackle violence against women and girls.

[The Minister of State, Ministry of Justice (Rachel Maclean)]

Since we published the end-to-end rape review, rape convictions have increased by 77% in the past year, and they are up by 30% on pre-pandemic levels. But there is much more to do, which is why, among other measures, we are more than quadrupling funding for victim support, to £192 million, and investing in increasing the number of independent sexual and domestic abuse advisers to 1,000 by 2024-25.

[Kate Osborne]

Crime is up, charges are down, criminals are getting off and victims are being let down—and that is just in the Met police. Yesterday, we saw the alarming weight of evidence from the Casey report, identifying structural misogyny, racism and homophobia in the Met, with thousands of serving police officers getting away with breaking the law. That cannot be a problem for the Met alone but goes across police forces. That culture explains the failures in our wider justice system, where sexism, racism and homophobia are unrecognised by police officers, and victims are not believed or supported. Unless those issues are addressed, we will never change the appalling low charge and conviction rates for rape and sexual assault, so will the Secretary of State—

[Mr Speaker]

Order. I am sorry, but I just said that we need to make progress. We cannot read speeches out; there has to be a question.

[Kate Osborne]

Will the Secretary of State look into whether this culture is symptomatic across police forces and take steps to ensure that victims get the justice that they deserve?

[Rachel Maclean]

I thank the hon. Lady for her remarks; I have two observations on what she said. First, she talks about the Met police. The Labour Mayor of London, Sadiq Khan, is the police and crime commissioner for the London police forces. I also ask her to direct her questions to the Home Office, which leads on these matters. Of course, we will play our part, which is why we are rolling out all the measures in the Crown courts to protect victims of sexual assault and rape, and there is a lot more to do.

LGBTQ+ Afghan Refugees

Kate Osborne Excerpts

Tuesday 21st September 2021 Westminster Hall

[Sir Gary Streeter (in the Chair)]

We have at least seven Back-Bench speeches, so no one should be thinking about speaking for more than three minutes from the Back Benches in this debate, which will last for 60 minutes, not 90 minutes.

May I encourage Members to wear masks when they are not speaking, in line with current Government guidance and that of the House of Commons Commission? Please give each other and members of staff space when seated, and when entering and leaving the Chamber.

[Kate Osborne (Jarrow) (Lab)]

I beg to move,

That this House has considered LGBTQ+ Afghan refugees.

It is a pleasure to serve under your chairmanship, Sir Gary, and I thank hon. Members for being here today. May I start by paying tribute to our armed forces and diplomatic staff for their courage and professionalism during the evacuation operation in Afghanistan?

There is a long history of LGBTQ+ people in Afghanistan being disproportionately targeted and subjected to homophobic, biphobic and transphobic sexual violence, forced marriages, honour killings, conversion practices and execution. In the former Islamic Republic of Afghanistan, the death penalty was imposed for consensual same-sex conduct under the Afghan penal code of 2017. Even before the Taliban took control last month, there were no known LGBTQ+ advocacy organisations or networks in Afghanistan, and the Taliban takeover has now sent many LGBTQ+ people into hiding out of fear. Under the rule of the Taliban, simply being LGBTQ+ will result in extra-judicial executions and the death penalty, which is sanctioned by the Government. Clearly, it is not safe for LGBTQ+ people to remain in Afghanistan, but it needs to be noted that the majority of LGBTQ+ Afghans will stay in the country.

The Taliban’s stance on the death penalty for same-sex relationships is clear. In an interview with the German newspaper Bild in July, a Taliban judge, Gul Rahim, stated:

“For homosexuals, there can only be two punishments: either stoning or he must stand behind a wall that will fall down on him. The wall must be 2.5 to 3 metres high.”

Even LGBTQ+ Afghans who have escaped to neighbouring countries are still at huge risk. Neighbouring countries, such as Iran, Pakistan, Turkmenistan and Uzbekistan, are not safe for LGBTQ+ people.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

I am very grateful to the hon. Member for securing the debate. On the issue of fleeing Afghanistan to other countries, I am keenly aware of the point that they make. Do they agree that doing transfers of LGBTQ Afghans into such countries must be done extremely sensitively if they are accessing the Afghan relocations and assistance scheme launched by the Government or fleeing to those countries through any other system?

[Kate Osborne]

I thank the hon. Member and agree with him. I will touch on that a little later in my contribution.

Many LGBTQ+ Afghans will not be safe to come forward and identify themselves because their families and communities can also be the source of their persecution, and officials in host countries may also be a danger. Will the Government call on and hold accountable those in neighbouring states to ensure that their borders are open, that they do not ill-treat people in need of protection, and that emergency humanitarian support is delivered to those in need at all stages of their migration? That has become even more critical, as a briefing I was at just this afternoon told us how large numbers of humanitarian services are still suspended in Afghanistan.

The UK is rightly one of many countries offering resettlement to Afghan refugees. I would also like to see the UK take a leadership role in ensuring that in every settlement programme LGBTQ+ people are prioritised and their needs met. To do this, the UK Government should immediately bring together partnering Governments, refugee organisations and LGBTQ+ civil society organisations to ensure the inclusion and safety of LGBTQ+ Afghans throughout their resettlement processes.

Will the Minister work with our partner countries around the world to name LGBTQ+ people as a priority in all Afghan resettlement programmes and to commit to pathways tailored to LGBTQ+ Afghans, including legal status, humanitarian protection and a commitment to their permanent residence?

[Hannah Bardell (Livingston) (SNP)]

I congratulate the hon. Lady on introducing a debate on such an important issue. Would she agree that this Government have to acknowledge the individual cases that Members have raised? I raised the case of one human rights defenders organisation that supports LGBTQ+ people in Afghanistan and did not even receive the courtesy of a response that included the name of the organisation. I had a blanket response. This Government need to do better and properly tailor their support for LGBTQ+ Afghan refugees.

[Kate Osborne]

I agree with the hon. Lady that the response, if there has been one, from the Government has often fallen well short of being anywhere near good enough.

Fundamentally, we want the Home Office to consider the needs and risks of LGBTQ+ Afghan people. The Government must also immediately provide assurance that no LGBTQ+ Afghan refugees are currently being assessed to be removed from the UK back to Taliban-controlled Afghanistan.

[Dame Angela Eagle (Wallasey) (Lab)]

My hon. Friend is making a very good speech. Does she share my worries that in 2017 the Home Office published guidance that demonstrated that they were prepared to return LGBTQ+ people to Afghanistan and regarded that as safe for them, as long as they did not do anything to “attract…public outrage”?

[Kate Osborne]

I share my hon. Friend’s concerns. I believe that guidance may have been changed in 2020, but perhaps the Minister can help with that in her response. Ultimately, we should not, under any circumstances, contemplate sending LGBTQ+ people back to Afghanistan.

Following on from that point, I want to focus on the resettlement of LGBTQ+ refugees in the UK. The Government’s vulnerable persons resettlement scheme for refugees from Syria was highly praised for its focus on the most vulnerable people. When the scheme was launched, the Government committed to accepting LGBTQ+ refugees, but no data was made available by the Government or the United Nations High Commissioner for Refugees to confirm whether or how many LGBTQ+ refugees were resettled to the UK. Can the Minister tell us whether the Government will ensure that LGBTQ+ people are included in the UNHCR’s prioritisation profile for the resettlement of refugees from Afghanistan and with a defined, accountable process for this community to access protection and resettlement that meets their needs?

I welcome the prioritisation of vulnerable people under the Afghan citizens’ resettlement scheme and the inclusion of LGBTQ+ people once again. However, will the Government ensure that family reunification applications are responsive to all family configurations, including those of LGBTQ+ families, for example recognising that Afghans with same-sex partners will not have had access to legal recognition for their relationships.

[Lilian Greenwood (Nottingham South) (Lab)]

My hon. Friend is making a powerful case. As she says, the Government have talked about a new settlement scheme for Afghans who are most at risk, and it is welcome that LGBTQ+ people are included, but does she share my concern that those that are still trapped, both in Afghanistan and in neighbouring countries, there is very little information and advice that we can give them on how they can access that scheme or when it will be available?

[Kate Osborne]

Yes, I do share those concerns. Again, I ask the Minister to address that point in her response.

The Nationality and Borders Bill plays into the situation. While the support for LGBTQ+ Afghan refugees from the UK Government is welcome, the provisions in the Nationality and Borders Bill will create significant dangers and obstacles to asylum and permanent residence for LGBTQ+ people facing similar levels of persecution. Many people who have been welcomed into this country’s LGBTQ+ community would not be here under this potential law and would not have had the chance to rebuild their lives free from homophobia, biphobia and transphobia. Enacting the Bill as it stands would undermine the UK Government’s commitment to being a global leader in advancing the rights and dignity of LGBTQ+ people. The UK is convening a global LGBTQ+ summit in 2022 and co-chairing the international Equal Rights Coalition of 42 states.

The inherent contradiction in the Bill is that those arriving by their own means are treated differently. They are penalised for making their own way here. Can the Minister confirm that LGBTQ+ people who travel via third countries will not be subject to different treatment, as set out in the Nationality and Borders Bill? The Bill also introduces provisions for accommodation centres outside the UK while people’s applications for asylum are assessed or, before that, while it is being decided whether their asylum claims are admissible in the UK.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I congratulate the hon. Member for Jarrow (Kate Osborne) on securing this debate. I am sure she will agree with me that there is great concern about the way in which the Bill paves the way for processing refugee applications from abroad, which will make it much more difficult for LGBTQ+ people to provide the evidence in the environment of the camps in which they are likely to find themselves. They may find abuse and threats to their person in those camps as well.

[Kate Osborne]

I thank the right hon. Lady for her contribution. These types of accommodation centres pose risks to LGBTQ+ people seeking asylum, such as those from Afghanistan. The isolation of offshore processing would also make it more difficult for LGBTQ+ people to prove their sexual orientation or gender identity, as required to be granted asylum. They would find themselves in an impossible situation—being compelled to hide their sexual orientation or gender identity from those around them, while at the same time being expected to provide evidence of it to the Home Office. Will the Minister work with Government colleagues to remove plans to put people in offshore accommodation centres, given the risk of violence and abuse towards LGBTQ+ people?

I will end by reiterating that the UK Government need to do all they can to help LGBTQ+ Afghan refugees to survive, resettle and thrive. It is crucial that the UK Government‘s policies are stress-tested against LGBTQ+ people’s safety in the evacuation and resettlement efforts.

[Several hon. Members rose—]

--- Later in debate ---

[Kate Osborne]

Thank you, Sir Gary, and I thank all right hon. and hon. Members for their powerful and important contributions. We can be in no doubt as to the plight that LGBTQ+ Afghan people face right now.

I thank the Minister for her response. I ask her to consider and adopt the following: that LGBTQ+ Afghan refugees must be given permanent residence in the UK as otherwise they will have to hide their identity while living here for fear of persecution should they one day be removed; an assurance that LGBTQ+ people are included in the UNHCR’s prioritisation profile for the resettlement of refugees from Afghanistan; and finally, assurance that no LGBTQ+ Afghan refugees who are currently being assessed will be removed from the UK back to Taliban-controlled Afghanistan.

Oral Answers to Questions

Kate Osborne Excerpts

Tuesday 14th September 2021 Commons Chamber

[Kit Malthouse]

I think that is a deeply unfair characterisation of the work to which all Ministers, and indeed the professional public servants who are involved in victim and witness care across the country, including police officers, devote themselves every day. Having said that, we recognise that many victims are dissatisfied with the support they get, and they do not necessarily see the victims’ charter writ large in their experience of the criminal justice system. As I said, we will soon be bringing forward legislation to enshrine their rights in law, and a consultation on that matter will be issued in the coming days.

[Kate Osborne (Jarrow) (Lab)]

6. What plans he has to increase sentences for people convicted of rape.

[The Minister for Crime and Policing (Kit Malthouse)]

The maximum penalty for rape is life imprisonment, and already rapists rightly receive significant sentences, with the average sentence in 2020 being more than 10 years. The Government believe that those who commit rape should spend more of their sentence in prison, and under the Police, Crime, Sentencing and Courts Bill, currently before Parliament, we will increase the time that they spend behind bars.

[Kate Osborne]

In 2019-20 just 3% of reported rapes led to a prosecution—an historic low. It may be that life sentences can be imposed, but of those who received a jail sentence since this Government came to power, almost 3,000 rapists have been jailed for six years or less. How can the Government claim to reassure victims that justice will be served with those appalling figures?

[Kit Malthouse]

As I said earlier, the average sentence for rape is more than 10 years, and two-thirds of those convicted of that appalling crime receive more than seven years in prison. However, the hon. Lady is right, and as the Lord Chancellor and I have said before in this House, the number of cases of this horrendous crime that get to court are not high enough. I am leading a taskforce, which includes the Crown Prosecution Service and police leaders across the country, to drive that number upwards. We are determined to get more cases into court, so that more victims see justice done.

Protecting the Public and Justice for Victims

Kate Osborne Excerpts

Wednesday 9th June 2021 Commons Chamber

[Kate Osborne (Jarrow) (Lab)]

As has been highlighted today, violence against women and girls is endemic. It affects one in three of us in our lifetimes. From prevention to bringing perpetrators to justice, we need to be determined to do everything in our power to ensure that we tackle the underlying misogynistic attitudes that lead to violence against women and girls. We must ensure that victims feel able to report abuse and that they can trust the criminal justice system to enable them to gain justice.

Earlier this year, the Government laid out their law and order agenda in the mammoth Police, Crime, Sentencing and Courts Bill, but despite the Bill’s size, there is nothing in it at all that even attempts to tackle violence against women and girls. The Crown court backlog currently exceeds 58,000 cases, which means that survivors of serious sexual assault and rape are having to wait years to go to trial. This long wait for justice meant that a record number of criminal cases collapsed last year, as more than 1 million victims dropped out before trials even began.

It is not just an issue in the courts. In England and Wales last year, more than 52,000 rapes were recorded by police, and only 843 resulted in a charge or a summons—a rate of 1.6%. That has led many survivors of rape and sexual assault to believe that the system is set up to work against them, not for them. The fact is that the police never investigate most sexual violence, because most sexual violence goes unreported. According to the Rape, Abuse & Incest National Network, just under 25% of sexual assaults are reported to the police—significantly less than other violent crimes. There are many reasons for that, but one often cited is distrust and fear of the police. We need an institutional overhaul.

We must do our utmost to ensure that victims and survivors get access to the support that they need. It is essential that the Police, Crime, Sentencing and Courts Bill be amended to ensure that the criminal justice system works for survivors of gender-based violence. For the last five years, the Government have promised a victims Bill in the Queen’s Speech, but like the rape review, it is still nowhere to be seen. Giving women and girls who are victims of gender-based violence more rights would go a long way to preventing them from dropping out before trial, as would fast-tracking rape and serious sexual assault cases through the police, the Crown Prosecution Service and the courts.

Seven in 10 women say that the Government’s efforts to make the UK safer for women are not working. This Conservative Government must put ending violence against women and girls at the top of their agenda. I urge colleagues across the House to vote for the motion today because, in the words of my right hon. Friend the Member for Tottenham (Mr Lammy), we need to step up, end this inaction and stop failing women and girls.