End-to-end Rape Review

Debate between Robert Buckland and Sara Britcliffe

Monday 21st June 2021 Commons Chamber

[Robert Buckland]

May I pay tribute to the right hon. and learned Lady for her tireless work in this area? Indeed, she and I have regular dialogue about these issues and have done in the past. I will say several things in response. First, it is vital that existing protections are properly policed and used by the courts when it comes to restrictions on wholly inappropriate cross-examination. I have in particular asked the Law Commission to look at the whole issue about the trial process, and the rape myth issue that is still a real concern for many people who end up taking part in this process. But I will say this to her: I think it begins much earlier. I think the undue focus on the victim begins right from the initial investigation, and I think that that is wrong. I think that the proper emphasis in this report is about looking at the person who is alleged to have done it, rather than constantly focusing, as she rightly says, on irrelevant previous sexual matters that have nothing to do with the case and are an unwarranted intrusion into the private life of victims.

[Sara Britcliffe (Hyndburn) (Con)]

It is absolutely vital that there is a focus on offender behaviour rather than victim credibility, which is and will have been a significant factor as to why victims fear coming forward. The steps being taken on ensuring victims and witnesses can pre-record video evidence is welcome, but what will be done to extend this to all the courts so that all victims and witnesses can have access to this?

[Robert Buckland]

I thank my hon. Friend, and I say this: we have already rolled out the section 28 provisions to cover intimidated witnesses, many of whom will of course themselves have been the victims of sexual offences. We are going further: we are working very hard with the judiciary to pilot more use of the pre-recorded cross-examination technology in the case of intimidated witnesses. I have indicated that I will be prepared to legislate, if necessary, to ensure that we can fulfil the scale of my ambition, but I have to work closely with the judiciary to ensure that the operational realities—listing pressures and the sheer way in which we can accommodate these hearings—are fully taken into account as well.

Independent Review of Administrative Law

Debate between Robert Buckland and Sara Britcliffe

Thursday 18th March 2021 Commons Chamber

[Robert Buckland]

I can reassure the hon. Lady that in fact the advice has not been disregarded by the Department, because we are not advocating a wholesale codification of the law in this area. That was a particular issue that the review looked at very carefully. It took into account the evidence of the faculty, as it did the other evidence, and did not come to that conclusion. I will forgive her for making an incorrect assertion because she is yet to have a chance to read in depth the report, which has just been published. When we discuss these matters on another occasion, I am sure that she will accept the point that I have made and focus on the legitimate issues of debate that might still exist between us.

[Sara Britcliffe (Hyndburn) (Con)]

Will the Lord Chancellor set out for the benefit of the House the advantages of these measures?

[Robert Buckland]

For my hon. Friend and her constituents in Hyndburn, there will be many advantages. The options with regard to remedy actually enhance the rights of individuals. Where courts in the past have had to make a declaration of unlawfulness without any consequences, the option of having a suspended quashing order could allow that middle way to be achieved, where the authority concerned has an opportunity to correct its behaviour in a way that will give a higher degree of justice to the applicants. If these options are adopted, I can see a whole range of different approaches being taken that will enhance the public’s experience of judicial review applications.