Baroness Maclean of Redditch
Main Page: Baroness Maclean of Redditch (Conservative - Life peer)Department Debates - View all Baroness Maclean of Redditch's debates with the Home Office
(1 day, 4 hours ago)
Lords ChamberMy Lords, there is a dismal pattern in our country in response to serious failings of the state. First, we see denials and cover-ups, then the issue gains traction, but shock and outrage quickly follow. Calls for something to be done are heard but too often are followed by absolutely nothing—more delay, while victims are relegated to yesterday’s newspapers and the news cycle moves on. Unfortunately, the rape gang issue is a classic example of this pattern.
Victims deserve so much better from us than this. Has anyone else noticed that it has gone eerily quiet? Where is the national statutory inquiry promised by the Government? The Minister said earlier, in his responses in Oral Questions, that it was coming “very soonly”, and I give him credit for inventing another euphemism which even I have not heard before. But seriously, it is conspicuous by its absence. Neither the public nor the victims know when it is going to start or who is going to chair it and, because so many victims have lost confidence in the Safeguarding Minister in the other place, Jess Phillips, which Minister is going to oversee it. Perhaps it will be our Minister, in which case I am sure we will welcome that.
This is the reason behind my tabling of Amendments 247B and 535A. They are straightforward and designed simply to ensure that the grooming gangs inquiry begins at long last. The amendments are not designed to dictate the outcome, set the scope or limit its independence. We need it for one simple reason, which is to ensure that the state does not continue to mistreat those victims, who have already suffered so much by its collective failure.
I recognise that it is perhaps not conventional and may even be novel to legislate for the start date of an inquiry, and I anticipate that the Minister will say this when he comes to respond. However, I implore him to take this seriously. We have a position in this House and we should use it for this end. We should be speaking up for these girls and women who have been let down so shockingly. The very least we can do is to send the signal to the victims that we are not going to continue failing them and we are going to get justice for them.
What is more—I speak as a former Minister in the Home Office and the Ministry of Justice—I am sure the Minister will recognise what I am about to say: providing a deadline focuses minds and drives action and activity in all parts of the system, whether the delays are accidental or bureaucratic or, in fact, unfortunately, intentional. I also remind the Minister that, in the words of the famous sage, if you keep doing what you have always done, you are going to keep getting what you have always got—no action.
We should remember that some of the survivors at the heart of this scandal have been waiting 20 years or even longer. Fiona Goddard first reported her abuse to police in 2012. She was a child when the crimes were committed against her in the mid-2000s. She told her story, took the risk, trusted the system and, as she puts it, was met with silence, closed doors and disbelief. When she was asked recently how it felt to wait this long, she said, “It’s like living with a wound that’s never allowed to close, because every year I’m told justice will come but every year nothing begins”. The victims have to keep reliving the trauma, but nothing moves forward. Hope is being postponed, year after year. We know that the only thing worse than being failed by institutions once is being failed by them twice, thrice and more. As one survivor said, “We do not need perfection. We just need to know that somebody has finally begun the work”.
The noble Lord has made his case. I have put my view. If he wishes to examine it further, we can do so in due course. I understand that he wants to bring people to justice. So do I, but the approach we want to take is different from his, and we will have to accept that.
Amendment 271B, in the name of the noble and learned Lord, Lord Keen, and Amendment 271C, in the name of the noble Lord, Lord Blencathra, would give effect to recommendation 1 of the National Audit on Group-based Child Sexual Exploitation and Abuse from the noble Baroness, Lady Casey, that the law should be changed so that adults penetrating a child aged under 16 are charged with rape. As I have said, the Government have accepted this recommendation and have committed to changing the law. I reassure noble Lords that we are working fast to consider how that law change should be made. We are discussing this. I met the noble Baroness, Lady Casey, as part of that work and I will update Parliament soon about our proposed approach but, at the moment, I hope that the noble and learned Lord accepts that we are committed to that legislation and will table it as soon as time allows.
Amendment 271C, in the name of the noble Lord, Lord Blencathra, would mean that someone suspected of or charged with a sexual offence against a child that involved penetration would be described as having committed rape, whether the penetration was penile or non-penile, and regardless of what the offence is actually called in legislation. It would also mean that a wide range of other non-penetrative offending behaviour would be referred to simply as sexual assault. I do not think that that meets the intention of the recommendation from the noble Baroness, Lady Casey, as it would not substantially change criminal law. Additionally, the difference in how offences are labelled in the Sexual Offences Act 2003 and mandating how enforcement agencies then refer to those offences could lead to operational confusion, which I hope the noble Lord would seek to avoid.
Amendment 271B, in the name of the noble and learned Lord, Lord Keen, which I have already mentioned, would create a new offence of rape which would apply when an adult penetrates with their penis the vagina, anus or mouth of a child aged 13 to 15. The offence would not require proof of an absence of consent or reasonable belief. I say to the noble Lord, Lord Davies, who spoke to it on behalf of the noble and learned Lord, Lord Keen, that the Government are committed to making this change in law. We have accepted the recommendations of the noble Baroness, Lady Casey, and we strongly agree with the sentiment behind the amendment. However, we are also aware of the need to ensure a robust framework of sexual offences, which must work effectively across all types of child sexual abuse. This will be a significant change to the framework and, as such, if the noble Lord will allow me, we need to discuss it with the police and prosecutors to make sure that they have the tools needed to bring abusers to justice. When we have done that and taken those considerations into account, we will change the law, and we will update Parliament when we do that. I hope he can accept that intention.
I am grateful to the noble Baroness, Lady Cash, for her Amendments 288A and 288B. These overlap with the provisions in Chapter 2 of Part 5, which provide for a duty to report, which we will come on to later; she noted and accepted that. We believe, after extensive consultation with the relevant sectors, that the model in that chapter is the appropriate one to adopt. Again, we can debate that later, and I am sure we will, but that is the Government’s view at the moment.
Amendment 288B seeks to create a criminal offence specifically in respect of concealment by public officials. I am mindful that the type of offence proposed by this amendment may overlap with existing statutory provision, including obstruction of justice offences. Later, we will come on to consider the offence of preventing or deterring a reporter from carrying out their duty in Clause 79, and it will be part of the appropriate way forward at that stage.
Finally, the noble Baroness, Lady Cash, also tabled Amendments 288C and 288D, which are about the collection of the ethnicity and nationality data of child sexual abuse offenders and victims. I note what the noble Lord, Lord Russell of Liverpool, said. The recommendation from the noble Baroness, Lady Casey, is to work alongside the police to establish improvements which are required to assist the collection and publication of this data. We have accepted that recommendation. This includes reviewing and improving the existing data that the police collect, as well as considering future legislative measures if required. The objective the noble Baroness, Lady Cash, has set is one that we have accepted. We are working through that at the moment and, although it may not be satisfactory today, it is an objective to which she and the noble Lord, Lord Russell, can hold us to account.
This is an important debate. I think we are at one on these things, but it is the Government’s firm view that most of the amendments are not the way forward or need further refinement along the lines that I have already outlined to the Committee. As I have said, the Government are committed to changing the law in relation to rape. We will take away amendments and consider this further for Report.
Given these caveats, let us go back to where we started on this wide-ranging group, which is whether we should have a statutory timescale for the inquiry. Going back to the lead amendment in this group, I hope the noble Baroness, Lady Maclean, will withdraw her amendment because we are trying to do this as speedily as possible. The converse impact of her amendment may well be to create a further delay to a process that the Government are determined to get down as quickly as possible, as the noble Baroness, Lady Walmsley, said, to land the inquiry and get further recommendations to tighten up areas in which we need to reduce—and, we hope, stop—the number of further victims of these awful crimes.
My Lords, I thank the Minister for addressing my amendment and the others in such detail, and my noble friends Baroness Cash and Lord Blencathra for adding their support.
Even though the Minister has not accepted my amendment and stated that the others do not fit with the Government’s plans, I welcome the agreement across the Committee that we all support the principle of the work that is happening. However, I make no apologies for standing up and saying that the system is still not adequate in many ways. I am sure that the Minister can recognise some of this. I remember sitting in the Home Office in 2021-22, when I was a Minister there, and asking for the data about ethnicity and whether there was any connection. I was told, “No, Minister, there is none”. We all know now that that was not the case. I wish to God we had known that then so we could have done more for the victims. Collectively, we have all let them down; this is not a party-political issue, but one in which we should feel ashamed about what has happened to those vulnerable girls in our country.
I accept the Minister’s point about the timeline and the passage of the Bill, and that, were he to accept my amendment, it would potentially be delayed further than any of us would wish. I beg leave to withdraw my amendment.