Rape

HC Deb 19 June 1975 vol 893 cc1650-3

5. Sir David Renton

asked the Secretary of State for the Home Department whether he will refer to the Criminal Law Revision Committee the recent decision of the House of Lords in the case of the Director of Public Prosecutions versus Morgan and others with regard to the law relating to rape.

6. Mr. Lawrence

asked the Secretary of State for the Home Department if he has yet come to a conclusion on his consideration of the present state of the law on rape; and what action he proposes to take.

Mr. Roy Jenkins

As I announced on 17th June, I have decided that the recent House of Lords' judgment in the case of Director of Public Prosecutions v. Morgan ought to be viewed not solely as a legal issue but in a wider context. Accordingly, I intend to seek, as a matter of urgency, the advice of a small independent group, comprising, at most, five people, representative of both sexes and of legal, medical and lay opinion, on whether a change in the law is necessary. I am very glad to be able to announce that Mrs. Justice Heilbron has agreed to chair this small advisory group. It remains my intention to ask the Criminal Law Revision Committee to undertake a comprehensive review of the law relating to sexual offences.

Sir D. Renton

is the right hon. Gentleman aware that the two steps which he proposes to take will be welcomed in view of the anxiety which has been caused by the recent decision of the House of Lords? Will he ask both of the committees of inquiry to consider not only the substance of the law but the burden of proof with regard to this very difficult matter?

Mr. Jenkins

I am grateful for what the right hon. and learned Gentleman says. I would not wish him or the House to think—indeed, it would not be a satisfactory way of proceeding—that we were having two committees proceeding simultaneously to deal with the same problem. This is a small group. I would rather use the phrase "a group of advisers" than the word "committee". The group will consider this matter over a period of a few months and will report to me primarily upon the question of the law following the decision of the House of Lords. But it could be a question whether there are one or two other matters relating to the law of rape which might be taken into account in this quick interim report. The Criminal Law Revision Committee, which is a standing body, will proceed to consider the law of sexual offences generally, in accordance with its normal programme which, while not dilatory, is a little more leisurely than that which I envisage for this group.

Mr. Ashley

Is my right hon. Friend aware that his offer of assistance in relation to my Private Member's Bill is warmly appreciated, and his decision to set up an independent inquiry will be widely acclaimed? In particular, his decision to appoint Mrs. Justice Heilbron as chairman will be warmly welcomed. I hope that I am not putting it too strongly if I ask the Home Secretary whether he will now consider, in view of the importance of this matter to women, appointing women as a majority of the group.

Mr. Jenkins

I am always against becoming committed too firmly to these sexist discriminations, but I have started by appointing a distinguished woman judge as chairman. I have indicated that the committee will be small. I certainly regard it as desirable that women should be well represented on it.

Mr. Cyril Smith

I welcome the Home Secretary's appointment of this committee. Will he impress on it the urgency of this matter and understand that some of us view with a little concern the suggestion that it will be some months before it reports? Is it not possible for it to report on this matter within a matter of weeks rather than months?

Mr. Jenkins

I do not think that it would be significant—if I may say so, with respect to the hon. Gentleman. I wish to be in a position to make a clear decision about the Government's attitude on this matter by the beginning of next Session. It would not be practicable to legislate in this Session, or, indeed, perhaps, even desirable to rush too much on a question on which there are considerations which need to be taken into account. But what I envisage is that this committee should report to me, by 30th September, perhaps, but certainly by 31st October, and that having also seen the shape which my hon. Friend the Member for Stoke-on-Trent, South (Mr. Ashley) would wish his Bill to assume, we would then be in a position to decide whether we could give support to that Bill or whether we should produce a Bill of our own—or whether, if the committee so reported, we might have to take a different view. There is no question of the committee's deliberations causing delay beyond the beginning of next Session.

Mrs. Dunwoody

Will my right hon. Friend accept that, whilst we warmly welcome his decision on this matter, we should be even more delighted if there were some hope of extending the grounds of consideration to include the question whether further victims of rape should remain anonymous? That is a matter which prevents a great many women from reporting either attempted rape or rape.

Mr. Jenkins

There are certain considerations on both sides of this argument. There are strong considerations in favour of what my hon. Friend suggests, but there are also strong considerations the other way. I would not wish to prejudge the question whether the committee will be able to consider that aspect as well as the essential question which I wish it to consider expeditiously.

Mr. Edward Gardner

Is the Minister aware that there is great anxiety, some misplaced, and great misunderstanding, some quite remarkable? Is he aware that after the laudable attempt by my hon. and learned Friend the Member for Ruislip-Northwood (Mr. Crowder) last week to protect the victims of rape by a Bill entitled "Rape (Anonymity of Victims)" I received a letter from an irate constituent protesting at what, in her opinion, was a scandalous attempt by the Conservative Party to legalise rape?

Mr. Jenkins

That is a matter for the hon. and learned Gentleman to deal with, not for me.