Policing and Crime Bill — House of Lords, 2016-12-12
Topic: Law and Crime
Dale Norman Campbell-Savours (Labour, Centre-left): My Lords, I have spoken about this issue on a number of occasions over the years, most recently in Committee on this Bill. I start where I left off on the last occasion, when I quoted the case of a woman who rifles through the dustbin of a reputable consultant, finds a used condom, smears the contents on herself and makes a false allegation of rape. As the accused has no right to anonymity, he is suspended as a consultant psychiatrist, hauled before the GMC, shunned by his friends, attacked on the internet, loses £100,000 that was part of his income, and is totally discredited in his own community. A life destroyed as indeed was the case made by Cliff Richard when he recently attended a meeting in the House I do not want to do a rerun of the speech I gave on a previous occasion. Suffice to say that the noble Lord, Lord Paddick, on that occasion and on this occasion, as a former serving police officer, in my view—and I say to others to read what he said in Committee—made the case completely. My contribution on that occasion was a modest add-on, as indeed it will be today. It will be about the political background to this matter Over the years, the resistance has essentially been in the Commons, but the Commons membership has now changed. Anyone who knows procedure in the Commons will know the position there is very different from in here. One can table an amendment in here and have it heard; in the Commons that is not the case. It has to go through two obstacles. First, it might not be selected by Mr Speaker, because there is a selection of amendments in the Commons. Secondly, it might not be heard because of the procedural changes that were made at the beginning of this decade in the use of the guillotine and timetabling in the House of Commons. I am arguing tonight that we please give the Commons the opportunity to consider again this matter, which it has not been able to consider for some years What support do we have for the change? The fifth report of the Home Affairs Select Committee in 2003 unanimously said, in the Commons, that, "we believe that sex crimes do fall ‘within an entirely different order’ to most other crimes. In our view, the stigma that attaches to sexual offences … is enormous and the accusation alone can be devastating. If the accused is never charged, there is no possibility of the individual being publicly vindicated by an acquittal" This all-party Select Committee in the House of Commons in 2003 went on to recommend unanimously, "that the anonymity of the accused be protected only for a limited period between allegation and charge" Then in 2003 an amendment was moved by Lord Ackner, whom some Members may recall. I understand that he was a prominent Silk, much called on nationally for his services, and a judge. I want to read the wording of his amendment in 2003 on "Anonymity of defendant in rape etc. cases": "The defendant in rape etc. cases shall enjoy the same right to anonymity as is enjoyed by the complainant". In other words, he was arguing for anonymity not just at charge nor even to conviction but beyond, in the event that a person was not found guilty. I have the Division list here. When that matter was brought before this House, all those on the Conservative Benches—who I am told are being whipped today; I hope that is not the case—voted in favour of the Ackner amendment for anonymity through the whole process, which would mean that, if someone was not convicted, they would retain their anonymity and would be identified only in the event of a successful conviction My noble and learned friend Lord Falconer argued during the same Bill that pre-charge and accused persons should not be named. He supported ACPO guidance. That is one of the problems: the guidance does not work. That is why we are standing here today. If the current guidance worked, there would be no need for an amendment. It does not work. My noble friend Lady Kennedy of The Shaws, who is unfortunately—