Oral Answers to Questions

Lord Garnier Excerpts

Tuesday 27th July 2010 Commons Chamber

[Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)]

7. What recent representations he has received on the effect of introducing anonymity for defendants in rape cases on rates of prosecution by the Crown Prosecution Service in such cases.

[The Solicitor-General (Mr Edward Garnier)]

The direct answer is none. The responsibility for the policy lies with the Secretary of State for Justice.

[Barbara Keeley]

There is a serious concern that if we introduce anonymity for defendants in rape cases, other witnesses will not then come forward and rates of prosecution will drop. Hon. Members understood that the Government were to compile all available research and statistics, and report to the House before the summer. However, reports in the media say that that will not now happen. Will the hon. and learned Gentleman urge the Ministry of Justice to commission research into the impact on victims of rape and their likelihood of reporting the crime if anonymity is granted to defendants?

[The Solicitor-General]

The research is ongoing and will be published in the autumn, but I can assure the hon. Lady that the Ministry of Justice has the matter well in hand.

[Geraint Davies]

I have received many representations, including from Swansea student union and women’s groups in Swansea. Will the hon. and learned Gentleman now confirm once and for all, given the rumours, that he intends to drop plans to stop police giving out the names of those accused of rape whom the police believe are serial rapists?

[The Solicitor-General]

I am not sure of any such proposals, but if the hon. Gentleman has information that would help me to reach a proper conclusion, or if he wishes to refer the matter to the Ministry of Justice, which has the policy lead on this issue, or the Home Office, given that it has responsibility for the police, I am sure his representations would be gratefully received.

[Luciana Berger]

I am very disappointed to hear that the research is now not going to be out until the autumn. An answer from a Justice Minister, on 17 June, said that it would be published before the summer recess. Will the research alluded to be original research into the incidence of malicious false accusations of rape, or will it be a survey of existing evidence?

[The Solicitor-General]

The research will be research, and no doubt we will look into the matter as a whole. I am sorry to disappoint the hon. Lady—this must be very annoying for her—but she really needs to address her questions to the Ministry of Justice, which is the lead Ministry dealing with the issue.

--- Later in debate ---

[Kerry McCarthy (Bristol East) (Lab)]

6. What assistance the Crown Prosecution Service gives to people with disabilities who are giving evidence as victims in rape cases.

[The Solicitor-General (Mr Edward Garnier)]

Giving evidence as a victim in a rape case must be a traumatic experience, no matter whether the person has a disability or not. The Crown Prosecution Service endeavours to ensure that individually tailored support is given to all victims. Victims with disabilities are eligible for a range of special measures to enable them to give their best evidence. In appropriate cases, prosecutors offer to meet victims personally to discuss the need for special measures.

[Kerry McCarthy]

I am afraid that the Minister’s answer reflects the fact that my question has appeared on the Order Paper in a substantially different form from how it went into the Table Office. What I am really concerned about is that people with disabilities, particularly learning disabilities, are disproportionately the victims of rape, yet the prosecution rate in such cases is very low. What more can be done to ensure that, despite any difficulties they might have in giving evidence, their cases are brought to court?

[The Solicitor-General]

I will endeavour to assist the hon. Lady, irrespective of the way in which her question ended up on the Order Paper. First, I want to congratulate her on her appointment as the shadow Minister for those affected by disability issues. I am sure that she will be an active participant in these debates, and I hope that policy will develop as a consequence—[Interruption.] I was endeavouring to be genuinely helpful, Mr Speaker.

The main point that I want to get across to the hon. Lady is that any prosecution depends on evidence, and achieving best evidence from people with disabilities is vital. If she is right in saying that a disproportionate number of people with disabilities are raped and that their cases do not get to trial, we must do all that we can—and I do mean we—to ensure that their evidence is presented to court in a way that juries can consider and, if appropriate, bring in a true verdict of guilty.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

Will the Attorney-General keep in mind the recommendation of the Justice Committee that the courts are quite capable of treating people with learning disabilities, and those with mental health problems, as credible witnesses? The Crown Prosecution Service should not be frightened to bring such witnesses before the courts.

[The Solicitor-General]

I entirely agree with the right hon. Gentleman. As I hope I indicated in my first reply, the Crown Prosecution Service does its very best to ensure that all victims of rape are properly treated and that their evidence is put before the court so that the alleged defendants, or alleged criminals, can be brought to justice. I have absolutely no doubt that the CPS will do its very best. I should add that, having recently attended the Judicial Studies Board course on serious sex offences, I know that the judiciary are acutely aware of the need to deal with the sort of problems that the right hon. Gentleman mentioned.

[Caroline Flint (Don Valley) (Lab)]

Given that one of the vulnerabilities that people with learning disabilities face is that some of those carrying out abuse and rapes in residential settings will move to another care home and might get lost in the system, and given that the Government have announced that they no longer intend to proceed with putting the application for anonymity on a legislative basis, and want to look at non-statutory options, may I urge the Solicitor-General and his right hon. and learned Friend the Attorney-General to ensure that there is wide consultation on any non-statutory option to extend anonymity?

[The Solicitor-General]

The point is well made and noted.

[Rehman Chishti (Gillingham and Rainham) (Con)]

Certain European jurisdictions have the use of specialist rape courts, which enable best evidence and have increased conviction rates, so would the Attorney-General consider that?

[The Solicitor-General]

All judges who try serious sexual offences cases are specially trained, as are the prosecutors from the Crown Prosecution Service and the people who assist prior to trials, such as those who work in the sexual assault referral centres and the independent domestic and sexual violence advisers, who were mentioned in an earlier question. My hon. Friend makes a good point, which underlines our earlier discussions.

[Bridget Phillipson (Houghton and Sunderland South) (Lab)]

8. What assessment he has made of the effects of the appointment of domestic violence specialist Crown prosecutors on the effectiveness of prosecutions for domestic violence offences.