Hansard

I support Pauline McNeill's amendment and all that she said. I welcome the consultation on the draft bill, which is published at the end of the Scottish Law Commission's "Report on Rape and Other Sexual Offences". I am glad that Labour in Scotland led the way in this area of social policy and that Jack McConnell, our then First Minister, set the agenda by directing the Scottish Law Commission

"To examine the law relating to rape and other sexual offences and the evidential requirements for proving such offences and to make recommendations for reform."

The aim of the proposed bill should be not only to amend the way in which the law defines sexual offences and rape, but to make a statement of the proper values that our society holds about the ways in which we regard sexual relationships.

Sexual offences are a worldwide concern. As the Law Commission report states, that is reflected by the fact that countries such as the United States of America, Canada and Australia introduced radical reforms decades ago. More recently, further work has been done on that aspect of social policy in the Australian Capital Territory, Victoria, South Africa and, somewhat closer to home, England and Wales. There is a wealth of information that we can draw on and use to make comparisons.

The debate focuses on the Scottish Law Commission report, which provides a critical opportunity to find out more about the outcomes of recent reviews and to consider whether the proposed legislation is likely to make a significant difference to complainers of sexual offences. That process will highlight the many issues that affect those who give evidence in rape and sexual offence trials and will involve examining different legal strategies for change. We should remember that Labour introduced the Vulnerable Witnesses (Scotland) Act 2004, which provides victims of sexual offences with assistance and protection that were not previously assured to them. I am pleased that the Law Commission report goes into detail on those and many other issues.

I have met victims of rape and sexual offences in my work as a member and have been most concerned to learn of the way in which some victims have been treated, with their lives and conduct, rather than the actions of the accused, being put under the microscope. To get a case as far as the court can be a real challenge. Many issues come to the fore, such as the gathering of evidence and the training of front-line personnel, not to mention the corroboration of evidence and the presence of witnesses, or lack thereof.

In speaking about evidence and training, I have permission to mention the name of my constituent Juanita Berry, who has been mentioned in Parliament before. Juanita was the victim of an attack and rape, but the police surgeon discarded the evidence. Members can imagine how Juanita felt about that. She did not even get near the courts because of that. However, I am pleased that, thereafter, the chief constable in Fife rapidly addressed the guidelines and training, so Juanita's case helped to inform the situation in Fife.

It must be of great concern to us all to note the very low percentage of reports of rape to the police in Scotland that lead to conviction. That has been mentioned. Concerns about the criminal justice response to women who report rape led to the establishment of two major reviews in 2003 and 2004: a review of the investigation and prosecution of rape and sexual offences by the Crown Office and Procurator Fiscal Service, and a review of rape and the criminal law by the Scottish Law Commission, both of which have now reported. The Crown Office and Procurator Fiscal Service is implementing 50 of the recommendations in its review, which will change how rape is prosecuted in Scotland.

Today, we are considering the Scottish Law Commission's draft bill, which aims to reform the law on sexual offences and is out for consultation. When I read the Scottish Law Commission's report, I was impressed that many of the people who responded to the consultation wrote in a private capacity, which perhaps underlines the public strength of feeling on the matter. Against the background of certain high-profile decisions by the High Court of Justiciary, we know that there is powerful concern from the general public as well as from professionals and academics throughout Scotland. However, that said, I am concerned about the sheer scale of the challenge that will confront my colleagues in the Justice Committee, who will in due course be tasked with taking the proposed bill through Parliament. The complexity of the detail and the volume of the concerns are somewhat daunting. It is vital that the time that is allocated for the consideration of the bill be carefully estimated—it would be a further injustice to our constituents if the work was not painstakingly careful.

In that context, our task as parliamentarians is to work with others to provide information on legal developments relating to the responses to rape and other sexual offences. We need to work closely with others who work in social policy and those who work with survivors of sexual violence to develop a greater understanding of the issues that face women who report rape and other sexual offences, with a view to inputting shared concerns into current legal developments.

I was interested to read that the Lord Advocate, in talking about the Crown Office and Procurator Fiscal Service review, said:

"the outcome of the review signals a major reform of the way in which the COPFS approaches the investigation and prosecution of rape and sexual offences."

She continued:

"implementation of the recommendations in the report will provide a sound basis to deliver an improved quality of investigation and prosecution. Our aspiration is to build strong, more compelling cases, while treating victims with the courtesy, respect and sensitivity that they are due."—[Official Report, 14 June 2006; c 26626.]

Pauline McNeill made an important point about the law on the rules of evidence and corroboration. I agree with her on that key issue, which requires further careful consideration. I trust the Lord Advocate—I know that she will consider that important issue carefully, with the best brains in Scotland. I trust my colleagues on the Justice Committee to come to the right recommendations.

The Scottish Law Commission said:

"we have decided not to make any recommendations as to reforming the law of evidence in relation to the offences"

that we are discussing. The commission gave two reasons for its decision, which I support. First, the commission thought that that aspect of the law is

"better suited for reform across the whole spectrum of criminal offences and not solely in the context of sexual offences".

Bill Aitken and Pauline McNeill mentioned that.

Secondly, the commission said that given the timescale for the project,

"the required detailed and thorough analysis"

of topics relating to sexual offences could not be made.

On behalf of my constituents, I thank everyone who was involved in the major and intensive work on the report and the draft bill. Labour thinks that such work is paramount, for the sake of victims of rape and other sexual offences. There is no more profound fear than the fear of such vile acts. Scottish Labour will stand up for the rights of victims of those crimes.