Clause 2 - Anonymity of defendant in rape etc. cases
Sexual Offences Bill [Lords]
4:15 pm
Ms Annette Brooke (Mid Dorset and North Poole, Liberal Democrat)
I did not want to incur your wrath, so I thought, Mr. Gale, that I had better check first.
Clause 2 is unsatisfactory, but we still wish to address the question of anonymity. We found that it was difficult to table appropriate amendments. Our preference is for new clause 1 to replace clause 2. We have reached that position by examining all those arguments—one listens along one route and it sounds very convincing, and then one listens along the other route. There is a balance to the arguments but the balance tips in favour of anonymity up to the point of charge. That is the point that we want to make comprehensively.
With its reference to ''rape etc.'', clause 2 has a fundamental weakness, whereas our amendment covers the whole range of sexual offences. Once one gets into the realm of sexual offences against children, there is considerable support among a range of bodies and people for anonymity up to the point of charge. For that reason, we hope that the Government take on board the spirit of our new clause on Report.
We have deliberately referred to publication, and the position of the press and the media. We understand that one problem with the previous
legislation on anonymity was that the police felt constrained and not always able to pursue all their investigations. That is another point that could be used for the argument on the other side. The more positive argument on that side is the need for names to be publicised so that other victims come forward. That is far more pertinent after the point of charge, and it is fairer than allowing someone to be judged by the media before they have been charged with an offence.
That approach allows the police to pursue their inquiries. It could be amended further to allow a special court application for the lifting of reporting restrictions if, as in an example that was mentioned yesterday, it is feared that someone dangerous has absconded. Equally, the clause could be extended to include special circumstances and a special application for anonymity beyond the point of charge as determined by a judge. We have made the new clause as simple as we can in the hope that the Government will respond to our points.
There is considerable sympathy across the board. The Minister has said that he has been in discussions to obtain voluntary agreements, so there is a strong desire to achieve anonymity before charge in many cases.