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.

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[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.

Oral Answers to Questions

Lord Garnier Excerpts

Tuesday 22nd June 2010 Commons Chamber

[Ian Mearns (Gateshead) (Lab)]

3. If he will take steps to increase the rate of prosecution in cases of domestic violence.

[The Solicitor-General (Mr Edward Garnier)]

May I begin by congratulating the hon. Gentleman on his election?

The Government take domestic violence very seriously. The Law Officers support the work that the Crown Prosecution Service is undertaking to increase the rate of prosecution in such cases. The increase in the provision of specialist domestic violence courts, the training of all CPS prosecutors in domestic violence cases and improvements in support and safety for victims have all led to an increase in the rate of prosecutions leading to a conviction. The CPS works with other agencies to ensure that, where possible, the evidence is available to prosecute such cases effectively.

[Ian Mearns]

Has any additional consideration been given to making special provisions for children where cases of domestic violence occur in settings where children are present or where children are victims or witnesses to acts of violence in their own homes?

[The Solicitor-General]

It is estimated that about 750,000 children witness domestic violence during any given year. Clearly, a great deal needs to be done to ensure not only that those children are protected, but that, if appropriate, they can give evidence in courts in such a way that does not frighten them and that leads to proper convictions being arrived at. The hon. Gentleman makes a good point that will certainly be considered further.

[Mrs Helen Grant (Maidstone and The Weald) (Con)]

What plans does my hon. and learned Friend have for victims who have no recourse to public funds?

[The Solicitor-General]

It depends on what my hon. Friend means by the phrase “recourse to public funds”. A number of victims will be protected or assisted by independent domestic violence advisers. We now have 141 specialist domestic violence courts. As she will know from her private practice as a family lawyer, people can be assisted in a number of ways. The main thing is to ensure that they know what is available and that they can be assisted before, during and after the court hearing.

[Jim Dobbin (Heywood and Middleton) (Lab/Co-op)]

4. What recent discussions he has had with the Director of Public Prosecutions on policy on the prosecution of cases involving allegations of rape.

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[Mr Philip Hollobone (Kettering) (Con)]

5. How long on average it took for the Crown Prosecution Service to decide whether to prosecute in cases referred to it in (a) Northamptonshire and (b) England in the latest period for which figures are available.

[The Solicitor-General]

During the year ending May 2010, the Crown Prosecution Service took an average of 13.6 days to complete a pre-charge decision in Northamptonshire, and 8.1 days in England as a whole.

[Mr Hollobone]

What encouragement and advice can my hon. and learned Friend offer to Northamptonshire CPS so that it improves its performance and gets up to the national average?

[The Solicitor-General]

I have absolutely no doubt that my hon. Friend, who is my parliamentary neighbour, will give his own encouragement to his local CPS. A lot has been done, although a great deal more can be done, and I am sure that, between us, we will keep Northamptonshire CPS up to the mark.

[Keith Vaz (Leicester East) (Lab)]

I welcome the Solicitor-General, who is my near neighbour, to his new post.

When Members of Parliament write to the CPS to make representations on behalf of constituents about cases that it is considering, are there any guidelines on how long it should take the chief Crown prosecutor to write back to them?

[The Solicitor-General]

All letters from Members of Parliament, whether to the headquarters of the Crown Prosecution Service, or to the chief Crown prosecutor for a particular area should be answered speedily. Occasionally, work has to be done to provide a full answer, and I am sure that the right hon. Gentleman, whom I thank for his kind remarks, will understand that it is better to receive a thorough answer a few days late than a half answer on time.

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[Karl Turner (Kingston upon Hull East) (Lab)]

8. What recent representations the Crown Prosecution Service has received on steps to increase the rate of prosecution in cases of domestic violence.

[The Solicitor-General]

Again, I congratulate the hon. Gentleman on his election to the House. Records of representations received by local CPS offices are not kept centrally. I can tell him, however, that the Director of Public Prosecutions has not received any recent representations on steps to increase the rate of prosecutions in cases of domestic violence.

[Karl Turner]

May I ask the Solicitor-General what he proposes to do to build on the success of the Labour Government in tackling domestic violence?

[The Solicitor-General]

That is a wide question that I do not have time to answer, except in an Adjournment debate. As I said in my answers to the hon. Gentleman’s hon. Friends at the beginning of Question Time, the Government take domestic violence every bit as seriously as the previous Government. It is worth noting, however, that the Domestic Violence, Crime and Victims Act 2004 included a power to introduce restraining orders. Until I reminded the then Government during the course of debates on the Coroners and Justice Act 2009 of those powers, they did nothing about introducing restraining orders for four or five years. Their record was therefore rather patchy.

The hon. Member for South West Devon, representing the Speaker's Committee on the Electoral Commission was asked—