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House of Lords Official Report Vol. 802 Thursday No. 35 5 March 2020 PARLIAMENTARYDEBATES (HANSARD) HOUSE OF LORDS OFFICIAL REPORT ORDEROFBUSINESS Questions Crown Prosecution Service: Rape Cases ..........................................................................................713 Health: Lesbian, Bisexual and Trans Women ..................................................................................715 Sub-postmasters: Compensation ......................................................................................................717 Gambling Commission: Problem Gambling ....................................................................................720 Sentencing Bill [HL] First Reading ....................................................................................................................................722 Business of the House Motion on Standing Orders...............................................................................................................725 Business of the House Timing of Debates ............................................................................................................................725 High Speed Rail (West Midlands–Crewe) Bill Membership Motion .........................................................................................................................725 Flybe Statement .........................................................................................................................................727 BBC and Public Service Broadcasting Motion to Take Note ........................................................................................................................737 Educational Opportunities: Working Classes Motion to Take Note ........................................................................................................................780 Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 ..................................................................................................................................817 Rules for Direct Payments to Farmers (Amendment) Regulations 2020..............................................817 Guaranteed Minimum Pensions Increase Order 2020..........................................................................817 Social Security Benefits Up-rating Order 2020 ....................................................................................817 Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2020 ..................................................................................................................................817 Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2020 ..................................................................................................................................818 Parental Bereavement Leave Regulations 2020.....................................................................................818 Statutory Parental Bereavement Pay (General) Regulations 2020........................................................818 National Minimum Wage (Amendment) Regulations 2020 .................................................................818 Motions to Approve Grand Committee Extradition (Provisional Arrest) Bill [HL] Committee (1st Day)................................................................................................................GC 361 Lords wishing to be supplied with these Daily Reports should give notice to this effect to the Printed Paper Office. No proofs of Daily Reports are provided. Corrections for the bound volume which Lords wish to suggest to the report of their speeches should be clearly indicated in a copy of the Daily Report, which, with the column numbers concerned shown on the front cover, should be sent to the Editor of Debates, House of Lords, within 14 days of the date of the Daily Report. This issue of the Official Report is also available on the Internet at https://hansard.parliament.uk/lords/2020-03-05 The first time a Member speaks to a new piece of parliamentary business, the following abbreviations are used to show their party affiliation: Abbreviation Party/Group CB Cross Bench Con Conservative DUP Democratic Unionist Party GP Green Party Ind Lab Independent Labour Ind LD Independent Liberal Democrat Ind SD Independent Social Democrat Ind UU Independent Ulster Unionist Lab Labour Lab Co-op Labour and Co-operative Party LD Liberal Democrat LD Ind Liberal Democrat Independent Non-afl Non-affiliated PC Plaid Cymru UKIP UK Independence Party UUP Ulster Unionist Party No party affiliation is given for Members serving the House in a formal capacity, the Lords spiritual, Members on leave of absence or Members who are otherwise disqualified from sitting in the House. © Parliamentary Copyright House of Lords 2020, this publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 713 Crown Prosecution Service: Rape Cases[5 MARCH 2020] Crown Prosecution Service: Rape Cases 714 House of Lords around the theory of rape trauma syndrome, which leads victims to give accounts which are initially Thursday 5 March 2020 contradictory.It appears that the fall in rape prosecutions is because the prosecutors are finding discrepancies in 11 am the victims’ accounts. Will the Minister explain to the House whether rape trauma syndrome is taught to Prayers—read by the Lord Bishop of Salisbury. prosecutors? Lord Keen of Elie: My Lords,whatever the terminology Crown Prosecution Service: Rape Cases may be, RASO prosecutors are trained in all of these Question matters, and when they come to apply the merits test in relation to such complaints they do so simply on the 11.06 am basis of the merits. Certainly the CPS is clear that Asked by Baroness Gale victims and witnesses should never be discouraged or prevented from seeking therapy and counselling, whether Toask Her Majesty’sGovernment what assessment before or during a trial process, and that the need for they have made of the effectiveness of the Crown such counselling should be taken into account when Prosecution Service in prosecuting cases of rape. addressing the evidence placed before the CPS. The Advocate-General for Scotland (Lord Keen of Elie) Baroness Kennedy of Cradley (Lab): My Lords, the (Con): My Lords, the CPS is a partner in the ongoing other day there were more media reports of young cross-government review of the criminal justice response girls, raped as children, who cannot get justice because to rape. It has already accepted all recommendations of the one-year time limit to commence proceedings in the recently published HM Crown Prosecution Service for unlawful sexual intercourse set by the old Sexual Inspectorate’s Rape Inspection 2019 report, and, together Offences Act 1956. When I raised this question with with the police, is developing a joint action plan that the noble and learned Lord last October, he referred to will address issues raised in the report and, in due the review that he has just mentioned to my noble course, the findings of the cross-government review. friend. Do we really need a review to bring forward action to close this unjust loophole that is protecting Baroness Gale (Lab): I thank the Minister for his rapists and not giving victims the justice they deserve? reply. Is he aware that rape victims are finding it increasingly difficult to access justice, as the police Lord Keen of Elie: My Lords, I appreciate the refer fewer cases to the Crown Prosecution Service concern that has been expressed in respect of this and fewer allegations of rape are being prosecuted and matter. We are taking forward the review but, in convicted, according to new figures? The number of addition, we are also setting up a child sexual abuse cases referred by the police for charging decisions fell stakeholder forum, which consists of survivor groups, by 32% in the year to September last year, while key national charities and academics in order to address prosecutions by the CPS fell by 26% and convictions this issue. dropped by 21%, which is the lowest level in more than a decade. Does the Minister agree with the Director of The Lord Bishop of Winchester: My Lords, a recent Public Prosecutions, Max Hill, who said: study highlighted that only 25% of university students “I share the deep public concern over the growing gap between who had experienced rape went on to report it to their the number of rapes being reported, and the number of criminals university or to the police. It is therefore of concern being convicted of this sickening offence … There is a clear need that, since 2016, 300 non-disclosure agreements have for end-to-end action to provide better support for victims of this been issued by universities in response to student devastating crime, and to bring more offenders to justice”? complaints, including assault and harassment reports. The Minister mentioned the review. Can he say a little The Office for Students and Universities UK are working more about it, including when the findings will be to improve the handling of harassment and misconduct announced and what action will be taken on it? by universities, but can the Minister advise the House when the Government plan to legislate against the Lord Keen of Elie: My Lords, we are concerned by misuse of NDAs by higher education institutions to the reductions in the number of referrals for charge ensure that students
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