Protecting the Public and Justice for Victims

I beg to move,

That this House regrets the unprecedented backlog of more than 57,000 Crown Court cases, as well as record low convictions for rape and a collapse in convictions for all serious crime; calls on the Government to set up more Nightingale Courts, to enshrine victims’ rights in law and to introduce the proposals set out in Labour’s ‘Ending Violence Against Women and Girls’ Green Paper; and further calls on the Secretary of State for Justice to update the House in person on progress made in reducing the court backlog by 22 July.

As always, it is good to see the Secretary of State for Justice in his rightful place.

In 1915, Franz Kafka wrote “The Trial”, which was about a young bank official, Josef K, who was arrested and prosecuted by a distant bureaucratic state, despite having done nothing wrong. The novel chronicles his lifelong struggle and frustrations with the invisible law and untouchable court. Readers of Kafka are shocked by the grindingly mundane frustrations of Josef K’s trial, which goes on for an entire year.

As has been repeated so many times, reality is often stranger than fiction. Today, in modern Britain, it can take multiple years before victims of crime and the accused finally get their day in court. Simon Foster, the new West Midlands police and crime commissioner, recently explained that he had seen court trial dates set for as late as 2024. He was right to pin the blame on the mismanagement and reckless neglect of the justice system over the past decade. Disturbingly, he warned that the delays would put domestic abuse, violence against women and rape cases at particular risk of collapse, due, of course, to the vulnerability of the witnesses.

I do not enjoy having to repeat the damning statistics that show that the Government are failing the survivors of violence against women and girls—frankly, they break my heart, and they should break all our hearts—but it is necessary for the House to recognise the scale of the problem that the Government have created if we are to have any chance of fixing it. In 2019-2020, the number of rape convictions in England and Wales fell to a record low: just 1,439 suspects in cases where a rape had been alleged were convicted of rape or another crime—half the number three years before. I am sorry to detain the Secretary of State, but I repeat that, because it is worth listening to: just 1,439 suspects in cases where a rape had been alleged were convicted of rape or another crime —half the number just three years before. Fewer than one in 60 rape cases recorded by the police last year resulted in a suspect being charged. The public have lost faith in those who are supposed to keep them safe: seven in 10 women say that the Government’s efforts to make the UK safer for women are not working.

My right hon. Friend is making an excellent point. Would he agree with me that behind all of these statistics is often a desperate young woman not knowing what her rights are, waiting months for an independent violence and sexual assault advocate, and just in desperate straits, and that the House has to push harder on this Government to get it right? It is completely unacceptable.

I am really grateful to my hon. Friend for conveying the seriousness of this. A young woman who has been subject to a rape is frightened, lonely, and confused, and feels all sorts of things, and we have to look into our hearts and really ask: have we arrived at that place where that young woman is supported? This debate, in part, is to say that there is more to do. That ought not to be a terribly partisan statement. It is a statement that we have to do better as a nation by those young women.

Some 89% of women and 76% of men say that tougher sentencing for sexual harassment, sexual assault and domestic violence would also make women feel safer. Frankly, while the Government dither—and we have been surprised on the Labour Benches by the dither—Labour has had to step in. Today, we ask Members of Parliament from all parties to back our plans to do a few things: to make misogyny a hate crime; to increase sentences for rapists and stalkers; to create new specific offences for street sexual harassment and sex for rent; to reverse this Government’s record low conviction rates for rape, with a package of policies to improve victims’ experiences in the courts, including by fast-tracking rape and sexual violence cases, offering legal help for victims and better training for professionals; to remove legal barriers that prevent victims of domestic abuse getting the help they need through legal aid; to bring in new custodial sentences for those who name victims of rape and sexual assault; to train teachers to help identify and respond to the support child victims of domestic abuse need; to repeal the rape clause for social security claims; and to introduce binding national indicators to hold the Government to account.

The Opposition’s plea to the Government is to work cross-party on this initiative. I say to the Secretary of State again, and I have said it across the Floor of the House, that although the Secretary of State and I have a good relationship, I am worried that he sees this more as partisan in nature rather than us being able to work in a bipartisan way on an issue of such importance. His whole posture this afternoon—hands across his chest, looking away—does not convey what we typically understand of the status of his office.

I do not want the right hon. Gentleman to misinterpret any of my body language, but the reason for it is that he and his party had a chance to work cross-party by voting for the Police, Crime, Sentencing and Courts Bill, and he did not do that. All I see from him, with the greatest of respect, is dither and irresolution.

I do not want to put the women I am talking about in any kind of political posture, but the Secretary of State knows that nothing in his Bill increases the sentence length for rape. [Interruption.] The Secretary of State is able to get to his feet if I am wrong.

I am happy to explain again why the Bill makes it absolutely clear that those sentenced for serious offences including rape will serve longer in custody. For those serving sentences of four years or more the automatic release date will now be two thirds—it will no longer be half, which was of course the policy of the right hon. Gentleman’s Government—and that builds on the change we made last year to make sure that sentences of seven years or more for serious crimes including rape also met with the same term of imprisonment, namely automatic release after two thirds as opposed to half. That is a longer term of imprisonment.

I said in terms, in Hansard, that nothing in the Bill increases the sentences for rape, and the Secretary of State gets to his feet and talks about time served, not what my party is proposing, which is increasing sentences for rape. My suggestion is that nothing in his Bill increases the sentence length for rape, for sexual assault, for harassment or for stalking; just as the Secretary of State is legally qualified, so am I, and he has confirmed in terms that while his Bill deals with time served, it does not increase the sentences for rape.

The Secretary of State is shaking his head; he can come to the Dispatch Box once more to make his case.

I am absolutely delighted to come to the Dispatch Box at the invitation of the right hon. Gentleman. Let me remind him that in the past 10 years the average sentence for rape has increased dramatically, up to about 10 years, and the maximum is life in prison. I thought that he and I were interested in making sure that more and more perpetrators—[Interruption.] I can do without a running commentary from the hon. Member for Hove (Peter Kyle). The way in which we encourage people to come forward and make sure that their cases are heard is to encourage more and more people to plead guilty. I ask the right hon. Gentleman to tell me how any of these back-of-a-cigarette-packet measures that he proposes actually amount to anything when it comes to the effective prosecution and detection of people who commit rape.

Nothing in the Bill is specific on crimes that disproportionately affect women; in 296 pages the Bill does not even mention women once. We need an increase in the minimum tariff for those who commit rape and stalking. The Labour party is clear on that. I wish the Secretary of State would get beyond the hot wind—stop talking about time served and talk about minimum sentences. He has been a barrister for long enough; he must know the difference between time served and a minimum sentence. It is surprising, frankly, that I have to re-educate him on what a minimum sentence served is.

I have a lot of time for the right hon. Gentleman and respect him as a lawyer, as I respect the Secretary of State, but he will know that if we are going to have a discussion about specific nomenclature the truth is that, whether we talk about time served or minimum sentences, to say that we should increase the sentence for rape is not something that can realistically be done because the maximum sentence for rape is, as a matter of common law, life imprisonment. I accept that there is a legitimate debate to be had about how long that should translate to in practice through guidance and other matters, but it is not fair, I respectfully suggest, to talk about failing to increase what is already a life sentence; that is just a matter of law.

I am grateful to the hon. Gentleman for seeking to assist his good friend the Secretary of State, but let me just say to him that all around the common law world—in Australia, in New Zealand, in the United States of America—there is a movement to increase the minimum sentences for rape. We in this party have looked closely at what has been done in those jurisdictions. I think in India the term has just increased to nine years because of the controversies around some rape cases there in the past few years, and in Australia it has increased to, I think, seven years. For that reason, it is our position that we should increase the minimum tariff.

I recognise that there is a legitimate debate around time served, and the Secretary of State has put his position in the Bill. I recognise also that, for heinous crimes, a whole life-sentence is appropriate. Indeed, we propose that in the Bill—someone who abducts, rapes and kidnaps a woman should serve a whole-life sentence. That is not currently in the Bill—we are proposing that. I will not refer to the controversial case before the courts at the moment, but the hon. Gentleman knows why we are proposing that. I say to him gently that this debate boils down to the value of a woman’s body and how seriously our party is taking it. That is why there is a serious legal disagreement between myself and the Secretary of State.

If we do not work cross-party on this, the Government will, in our view and in my view, be letting down victims of rape, domestic abuse, assault and violence once again. It is impossible to separate that failure of victims of violence against women and girls from the Government’s failures across the justice system as a whole. The backlog in the Crown courts is at an unprecedented level of more than 57,000 cases. It sat at 39,000 cases even before the pandemic began.

The backlog has been exacerbated by the pandemic, but it was created by the decision of this Conservative Government to close half of all courts in England and Wales between 2010 and 2019, allowing 27,000 fewer sitting days than in 2016. As the Secretary of State stares at the backlog figures, which worsen every month, does he now regret his Government closing the courts and telling those that stayed open to have so many days off?

My right hon. Friend is making an incredibly important point. There is no way that a party that has presided over the court backlog that we have—which has a huge impact on victims, who are sat nervously waiting to see perpetrators in court and then hopefully in prison—can say that it is in any way serious about being tough on crime, is there?

It absolutely cannot say that it is tough on crime when victims of crime face watching their cases collapse. I recognise that this has been a very pressured time—it is a pandemic—and the Secretary of State has had to deal with a range of issues in our prisons, in our probation, in our police and in relation to our judiciary. I recognise that, but in the end, the justice system has to serve victims of crime, and palpably and honestly, on any objective measure, things have got worse for victims of crime in our courts, and we need to do something about it.

First, the right hon. Gentleman might be interested to know that I spoke to our Crown court judge in Gloucester earlier this afternoon, who confirmed that the backlog has been lower month by month over the last six months, and it is lower than it was before the pandemic. One key reason for that is that it uses the court resolution process very effectively.

Secondly, although the right hon. Gentleman is making a strong pitch for why he wants to look after the victims of justice, where were he and his colleagues when policemen were getting injured in Bristol and police vans were being set on fire? Where was he when the windows of retail shops and banks were being smashed and people were clambering over the tops of railway trains, endangering life?