Rape Defendants (Anonymity)

Lord Haselhurst Excerpts

Monday 7th June 2010 Commons Chamber

[Mr Blunt]

Plainly, the remarks have been carefully prepared in conjunction with other Government Departments—[Interruption.]—but not entirely, I am delighted to say. I have already made clear—[Interruption.] The right hon. Gentleman is not behaving in a way that does credit to the subject. It is not one that lends itself to barrack-room style interventions from a sedentary position. I would be grateful if right hon. and hon. Members on the Opposition Benches would do me the courtesy of listening carefully to these remarks. If they continue to intervene from a sedentary position—

[Mr Deputy Speaker (Sir Alan Haselhurst)]

Order. I am sorry to interrupt the hon. Gentleman. There are certain right hon. and hon. Members who are not serving the dignity of the House particularly well at the present time. This is a deeply serious subject. It is the subject of a half-hour Adjournment debate. I do not believe that this will be the last time that the subject is likely to be discussed in the House. At all times we should discuss things in a calm and reasonable manner, particularly, I suggest to the House, a subject of this nature.

[Mr Blunt]

I am grateful, Mr. Deputy Speaker.

As the Deputy Prime Minister made clear this afternoon, our policy on defendant anonymity in rape cases is sensitive and we will consider all the options carefully before bringing proposals to Parliament. This evening’s debate and the comments of the right hon. Member for Don Valley have been an early opportunity to listen to views, as promised by the Deputy Prime Minister this afternoon.

We will bring a policy to the House setting out our preferred option after we have considered each one with the care that this subject merits. In doing so, we will of course take into account potential implications for victims and for the conviction rate, as well as the reporting issues. There are sound reasons for our approach. Rape is such a serious and emotive crime that it attracts both a high degree of stigma for the defendant and a disproportionate degree of media interest. The combination of those factors distinguishes rape from other crimes. The reality is that sex in all its guises continues to fascinate the media. Reducing the level of prurient interest can only be in the interests of victims.

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[Mr MacShane]

Go on, get someone else in that job.

[Mr Deputy Speaker]

Order. The right hon. Member for Rotherham (Mr MacShane) is behaving disgracefully and not assisting a debate of this kind. Now he really has enough experience of this House, as a Minister and as a Back Bencher, to realise that what he is doing is out of tune with how we should conduct our business in this House. I hope that I will not hear from him again.

[Mr Blunt]

I am grateful, Mr Deputy Speaker.

Complainant anonymity was introduced against a background of public concern about the lurid reporting of the cross-examination of complainants in rape trials. Of course, the protection from reporting provides the inducement to complainants to come forward. The underlying problem of exposure to publicity applies to defendants and complainants alike, and I want to make it clear that we have no plans to withdraw in any way the rights of complainants to anonymity. Our proposals are based on sound precedents. Defendant anonymity was the norm in rape cases for many years, and, of course, defendant anonymity continues to be the rule in all criminal proceedings in the youth court.

Let me address some of the points that the right hon. Lady made. She said this morning on the radio, in The Independent and repeated this evening that we know from the evidence that many rapists are serial offenders. I feel this to be true, but when I asked for evidence of how many rapists were serial offenders, and what proportion of convicted or charged rapists might fall into that category, there appeared to be insufficient data to form a reliable evidential picture.

Furthermore, in trying to acquire accurate detail on the number of times that convictions have been obtained because the identity of the defendant was known and further complainants came forward who were crucial to securing a conviction, I have again been unable to get a reliable picture or—

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[Mr Blunt]

In conclusion, the Government want informed contributions on the basis of evidence which will help us to bring forward proposals that will command the confidence of the House. The right hon. Lady has contributed to that process today; I rather regret that one or two of her right hon. and hon. Friends have not conducted themselves in the manner that this subject merits. [Interruption.] I am inviting the right hon. Lady, and other right hon. and hon. Members, to contribute evidence properly and sensibly rather than simply proceed on the basis of supposition. [Interruption.] The right hon. Lady has contributed to that process, and I am grateful to her. The Government have the interests both of victims and of unconvicted defendants fully at heart, and the Government will proceed upon the evidence.

[Mr Deputy Speaker]

The Question is that this House do now adjourn—[Interruption.] Order. The House must not behave in this manner. This was a half-hour Adjournment debate, which was perhaps too short a time to contain all the opinions that, understandably, hon. Members have on this matter. It would be a pity, however, to ruin the reputation of the House by bawling from a sedentary position.

Question put and agreed to.