Kit Malthouse
MP for North West Hampshire · Conservative · United Kingdom
“We have heard time and time again that the situation that thousands of our constituents live with every single day is so horrific and appalling that even the best palliative care cannot alleviate their pain. I urge colleagues to consider what their vote may mean today.”
“I will not. Some of those Members had just a few months before been specifically rejected by the electorate and replaced in this House by others, and I am afraid that they cannot be trusted not to do the same thing again. I grant my right hon.”
“The Health and Social Care Committee of the House of Lords found that in territories that have assisted dying, palliative care generally improves, because people become less afraid of talking about death.”
“One of the most affecting people I have met over the last 11 years of campaigning on this issue is Warwick Jackson, who came to our party conference a couple of years ago. Warwick’s wife, Ann, was diagnosed with terminal peritoneal cancer. She basically knew that she was going to die a slow, suffocating death at the end.”
“I respect my right hon. and learned Friend’s expertise in this matter, but, as he has already heard on the Floor of the House, it is perfectly possible for this House to suggest amendments, negotiate them with the promoters of the Bill, place them against the legislation in the House of Lords and then have them come back to this House for…”
“As co-sponsor of the Bill once again, I am acutely conscious that there is more at stake today than merely the fate of those who are facing their end, because the conduct of the other place means that our democracy is also on trial today.”
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“Member for Caithness, Sutherland and Easter Ross (Jamie Stone). These crimes can be extremely distressing, particularly when they are targeted at the vulnerable or the elderly, and we really need to focus, because behind the numbers are real people, which we must always keep in mind. As Members have outlined, the impact of being targeted by fraudsters can be truly devastating, both financially and emotionally. Victims’ lives are turned upside down, their savings are gone and their confidence is shattered. There is also a knock-on effect for society as a whole. We know, for instance, that the money that fraudsters can make goes to fund other serious and organised criminality, such as drugs and terrorism, and fundamentally the function of our economy is based on trust.”
“As a number of Members have outlined this afternoon, these crimes are occurring on a vast scale. According to the latest figures for the year ending December 2020, fraud accounted for over a third of all crime. Is there anybody in the nation who has not been touched by it? I myself was plagued with calls from a recorded message purporting to be the National Crime Agency, telling me that my national insurance number had been suspended and that I was likely to be arrested unless I pressed “1”. They obviously picked the wrong guy, in that I can call the NCA myself. But after I highlighted that problem in a newspaper, strangely enough the calls dried up the very next day. These people must be readers of The Times . In all seriousness, however, I was very sorry to hear the experience of the mother of the hon.”
“It is a great pleasure to appear before a fellow Scouser, Mr Dowd, who was elected on the same day as I was, back in 2015, although we originate from different ends of the city of Liverpool—yours was the posh end and mine was slightly rougher. [ Laughter. ] It is great to see you join the Panel of Chairs and to preside with such wisdom over us today. I am grateful to the hon. Member for Ogmore (Chris Elmore) for securing this extremely important debate, in which Members have spoken with some passion and concern about this issue, underlining the fact that it must be a significant Government priority. I can assure them that it is. We recognise the devastating impact that fraud can have and how crucial it is that we do everything in our power to protect victims and bring the perpetrators to justice.”
“We have used the time since that delay to carry out further research and engage with stakeholders in order to formulate an ambitious and wide-reaching action plan, which we will be publishing shortly after recess. When we publish the report, I will present it to Parliament and write to colleagues across the House to outline our approach. I look forward to working with the hon. Member and, indeed, all Members across the House to ensure that this action plan drives the substantial change we need to see.”
“To ensure that that happens, I have been tasked by the Prime Minister to take personal leadership of the actions from the review, working with colleagues across Government to ensure accountability of operational partners for delivery. I will of course regularly update the House on our progress. On the substantive question, I was keen to publish the rape review last year. However, following extensive feedback from the Victims’ Commissioner and the victim sector that we needed to take account of the End Violence Against Women Coalition’s “The Decriminalisation of Rape” report and the pending judicial review judgment, we took the decision to delay publication.”
“As a result, we commissioned the end-to-end rape review in March 2019 to look at evidence across the system, from reporting to the police to outcomes in court, in order to understand what is happening in cases of adult rape and serious sexual offences being charged, prosecuted and convicted in England and Wales. Our review represents a serious commitment to change by the Government and our partners. At its heart will be a set of actions that will drive system and culture change to ensure that the victims feel supported and able to stay engaged with their case. That, combined with updated and stronger case preparation methods, as well as increased communication between all those involved in the prosecution and new charge mechanisms, should lead to more cases reaching court and, we hope, defendants pleading guilty.”
“I am grateful to the hon. Member for Pontypridd (Alex Davies-Jones) for her continued interest in the Government’s work in this area. Rape and sexual violence are devastating crimes that impact on victims for the rest of their life. When victims take the brave step of reporting the crime, they expose their deep personal trauma in the interests of justice. The criminal justice system needs to support those victims, believe them and ensure that their needs are met at the heart of the criminal investigation. The Government have long recognised that the decline in the number of effective trials for rape and serious sexual offences in England and Wales is a cause of significant concern.”
“Alongside that, we have the information and support campaigns the Government have been running, along with the very significant financial support that has gone into support for victims and witnesses of rape and sexual violence. The document is important, and it was important to get it right—as I say, we delayed it at the request of the Victims’ Commissioner and the victims sector. Please be under no illusion: we are working extremely hard to try to correct what, as the hon. Lady points out, is an injustice.”
“Lady will know, the Crown Prosecution Service and the National Police Chiefs’ Council launched their joint action plan in January this year, and I am pleased that that progress is being made as well. That is against a background of significant action by the Government over the past decade in various areas of violence against women and girls, which I hope the hon. Lady will appreciate and applaud, ranging from creating the offence of coercive control to outlawing upskirting, stalking, and revenge porn and the threat thereof. We have just passed the landmark Domestic Abuse Act 2021 with great support across both Houses.”
“As Mayor of London, the Prime Minister himself published the first ever violence against women and girls strategy in this country and, indeed, in any major city around the world. This is an issue that has been close to his heart, and indeed mine, for some time. I should also point out to the hon. Lady that, notwithstanding the fact that there is a document that requires publishing—as I say, that will be published shortly after recess—she should not mistake that for the beginning of the work. Much work has been done thus far, and we are engaged closely with the police, the Crown Prosecution Service and other partners to make sure that the action plan and the work we need to do to get more cases from report into court has begun already. As the hon.”
“I completely appreciate the hon. Lady’s righteous anger about this situation. As I said in my statement, this is not a matter about which any of us are particularly pleased or proud, and it is a source of regret that the investigation and conviction of rape has been declining for some years. It is a difficult offence to deal with at the best of times, but the significant declines that we have seen in the past few years are absolutely what we wish to address. However, against that background, I am sorry that the hon. Lady seeks to politicise what should be a cross-party issue, not a Labour/Conservative issue. There are many Members on the Government Benches for whom this has been a significant issue for some time.”
“While we are dealing with a police service of tens of thousands of individuals, a prosecution service with many people involved, and lots of other parties that take a case from report to court, getting them all to both act and think differently—the culture change as well as the operational change—will be an enormous challenge. That is what we are focused on. He will be pleased to know that I have convened a Criminal Justice Board taskforce of key individuals in the organisations involved to try to drive that operational challenge of embedding change.”
“I am grateful to the Chair of the Select Committee. He is quite right that to get this complicated and difficult piece of work correct, it was appropriate for us to delay. I have to confess that I was pretty gung-ho —anxious to get it out before Christmas. But as I say, the intervention of the sector and the judicial review meant that we had to hold off because of the implications. My hon. Friend is quite right that the key issue is not so much the document, which is an important statement and political moment, but the operationalisation of what is within it.”
“There was significant support for that and a massive mobilisation across policing to deal with, in particular, the new disclosure guidelines that the Attorney General’s Office has issued in response to the growth in the use of mobile phones in the investigation of crime, particularly in this area. I would be more than happy to look at the Labour Green Paper, because I do not think there is any monopoly on good ideas in this area, as I hope that my opposite number will look with an open mind at the plan that we publish and the work we intend to do. We all have a shared desire here to see better outcomes and more justice for victims in court, and we will have to stand shoulder to shoulder if we are going to make that happen.”
“As I said earlier, we have committed that the review will be published shortly after the recess, but as I said in answer to an earlier question, please do not believe that we are waiting for the production of the plan to start the work. Indeed, much of the work has been done already. The hon. Lady will know, for example, that Project Bluestone in Avon and Somerset police is doing fantastic work at the moment on a new model of operation for this kind of investigation and on joint close working between the police and the Crown Prosecution Service. They have a joint operational improvement board. They have launched their action plan.”
“My hon. Friend is right that we have to make sure in all we do that victims are at the heart of the criminal justice system, and he will have seen in the recent Queen’s Speech that we have made a commitment to bring in a new victims law. It will put the victims code, which has 12 strong rights for victims in the criminal justice system, into law and ensure that all the operational partners—the police, the CPS and the courts, which are all rightly independent of Government—see the need to take up the challenge of putting victims at the heart of the system.”
“Gentleman will know that creating the structural change alongside the cultural change in two operationally independent organisations, as well as in the court system, will take time and a foundational approach to change, which we are committed to and on which the work has started already.”
“The hon. Member is quite right. As I have said, the numbers are deeply, deeply regrettable, and he is correct that not enough victims are getting justice in court. There have obviously been significant changes in technology, not least the advent of the mobile phone and the critical part it plays in so many of these investigations. We need to get ourselves in shape, both in terms of capacity and capability, and we need the right framework around inquiry and disclosure for the police and the Crown Prosecution Service. That work is ongoing. We have ambitions, obviously, to raise the number very significantly, but I would not underestimate the operational challenge in embedding this across 43 police forces. The hon.”
“They form part of the criminal justice support taskforce, which I lead, to try to drive the kind of results that we want to see.”
“I am grateful to my hon. Friend, who, as usual, puts her finger on the key issue—the relationship between the police and the CPS, in their collaboration to get a case to court, is absolutely critical. I hope she saw that, in January, the National Police Chiefs’ Council and the Crown Prosecution Service launched their joint national action plan, with five themed areas of work that are designed to do exactly that. Those are on support for victims; casework quality and progression; digital capability and disclosure, including looking at mobile phones, as I mentioned earlier; people and expertise—critically, building knowledge and expertise—and engaging properly with stakeholders. I know that Deputy Chief Constable Sarah Crew, with whom I have met many times, and Baljit Ubhey and Sue Hemming from the CPS are leading the charge on this.”
“Data and transparency is one of the key themes that we have been looking at as part of the rape review. There will be an announcement, when the plan comes, about what we intend to do in terms of reporting. I am afraid that I do not support her call for more devolution. I think that England and Wales are stronger together on this issue, as on so many others.”
“My hon. Friend is absolutely right that one of the key issues that we have to address is what they call “victim attrition”, which is a slightly depersonalised, desensitised phrase for victims not feeling that they are going to get justice and giving up along the way. I was very pleased that the Government announced a massive increase in the amount of money being given to create the posts of independent sexual violence advisers and domestic abuse advisers, who will help to support victims through the criminal justice system to make sure that they get to court in good shape and able to give the evidence that they wish to give. There will be more about this issue in the review and I hope that, when it comes, he will welcome it.”
“I agree with the hon. Lady about resources and training. The development of expertise, which she obviously had in her career, is a key part of the Crown Prosecution Service and National Police Chiefs’ Council joint national action plan. We see better results from specialist teams, and often those structural issues that allow police officers to stay in post for longer, and develop an expertise in what she will know is a difficult and sensitive area of investigation, are critical. We must also ensure that the CPS is able to develop that specialism, and that will be a critical part of the joint national action plan.”
“I am sorry to hear the numbers from South Yorkshire, and I know the hon. Lady will address them with the police and crime commissioner there, who is responsible for the performance of the police. He also chairs the local criminal justice board, which is designed to bring partners together in that area to work on exactly these issues. The Police, Crime, Sentencing and Courts Bill includes provisions that will focus on offences that largely impact women, not least the end of the halfway release for serious sexual offenders, including rapists who, when the Bill goes through, will have to serve two-thirds of their sentence, providing greater protection and justice for their victims.”
“I want to concentrate on the key area of recent reporting, and on encouraging people to report as soon as possible. As she will know, there is a short forensic window in such situations—normally seven to 10 days—and there are sensitive forensic facilities where evidence can be gathered. We know that in such circumstances, the likelihood of conviction is much greater. For historical offenders it is even more difficult, which is why expertise is even more important.”
“I had the pleasure of watching a talk that my hon. Friend gave last night to a think-tank about these issues, and she was very thoughtful and interesting on this subject. Across all crime types we see that specialism pays, both in apprehending the perpetrator, but also in getting a conviction. We must ensure that the police and CPS can develop those specialisms. All prosecutions are currently charged by specialist RASSO prosecutors, but a collective expertise must be a key mission for us. Alongside that, we must ensure that victims have specialist support, and expertise is key to that. My hon. Friend is right to say that this is a particularly difficult, evidential situation, where often it is one word against another, and other circumstantial evidence may or may not lead to a conviction.”
“Part of the reason that we instituted the rape review, admittedly 24 months ago, was to try to diagnose exactly what has gone wrong—exactly why these cases are failing to get to court, why so many witnesses are falling out before they get to court, why we are seeing difficulties with disclosure, and what we can do to improve, for example, our operation of digital forensics, in terms of both capacity and capability. All that will be contained in the review. I understand people’s impatience; there is not much longer to wait now.”
“I thank the Chair of the Home Affairs Committee for her question, but it would be a mistake to point to one particular issue driving the drop. We know, for example, that the significant fall from 2016-17 was down to difficulties with disclosure that arose from particular cases, and the impact that that has had on both the police and the Crown Prosecution Service. I think it is sometimes a mistake to give the impression that somehow a decision was made that this should happen. It was not. There has been a pattern of decline over a number of years.”
“I am grateful for my hon. Friend’s constructive question. He is right; we do think that the use of section 28, as it is called—giving recorded evidence—will have a role to play. As he will know, we have rolled it out for vulnerable victims across all Crown courts, and we now have a number of pathfinder courts—in Liverpool and, I think, Leeds—where we are using it in cases of intimidated witnesses, not least in cases of rape and sexual violence. As for the guidance that he points towards, that is a police-owned document, and I know that they are collaborating closely with the CPS and the Criminal Bar Association to get it right. We stand ready to help them with publication once their work is finished.”
“It is obviously a matter of deep regret that anybody feels prevented from coming forward to report a rape, or indeed a sexual assault, to the police. That is one of the issues that we need to address—building confidence among victims that they should and could step forward, recognising at all times that it takes enormous courage to do so. Like the hon. Lady, I have sat with victims of this particularly appalling and intimate crime over the years, so I recognise the devastating impact that it can have. As to the measures that she calls for, I obviously cannot make an announcement today, but I recommend that, when the review is published, she reads it from cover to cover.”
“However, given the performance figures so far, that could easily slip away, so making sure they are at the heart of decision making—that they know when they come forward that they can access the support they need, and can get the guidance and indeed the advocacy they need; that they will be received by police officers and prosecutors who are invested properly in and are looking dispassionately at the investigation; and that the natural inquiries required as part of this sort of offence investigation are proportionate and do not invade privacy in a disproportionate way—will be critical to the mission, and I hope that that is what she will find in the report.”
“While my primary objective will be to get more cases into court—that, fundamentally, is the problem we are trying to address—my hon. Friend is quite right that, alongside that, it is completely critical that we build confidence among victims in the criminal justice system. We have seen an increase in reported rape over the last few years, and it is quite a significant increase, so more people are confident to come forward.”
“I agree with the hon. Lady that demographics of all types matter. Indeed, I forget who it was, but someone said, “If you can’t measure something, you don’t know how to change it”. One of the first questions I have asked in my initial meetings in this job, when officials come in with a particular area of policy to deal with, is: do we actually know what is happening—do we have a clear picture of what is happening out there on the streets and communities we serve? I am more than happy to go back and have a look at the particular issue she has raised to make sure that we are getting the recording right.”
“My hon. Friend is absolutely right that we need to create a self-reinforcing story of success, where the support we give to victims and the changes in our methodology and indeed practices between the police and the CPS lead to a greater number of cases going into court, and that in turn leads to a greater number of convictions, which should build confidence among victims. I hope that is exactly the kind of spiral of success that the report will produce.”
“We have even campaigned on rape being used as a weapon of war around the world. Alongside that are the report we have made on refuges, the domestic abuse helplines and work that we are doing now on the rape review. That huge package points towards the safety of women and girls. While there is much to be proud of in that, there is still a lot more to do, which is why later this year we will publish a violence against women and girls strategy alongside a complementary domestic abuse strategy.”
“Obviously, one of the key themes that we wanted to address as a Government is a general sense of safety in the public realm. That is why we are recruiting 20,000 more police officers and working day and night to drive performance on all crime types to create a greater sense of safety and security on our streets for men and women. I do not accept necessarily, however, that we need a Bill as the hon. Lady has outlined, not least because we have managed to do a fair amount—a huge amount, actually—on violence against women and girls over the past few years through other means, as I set out earlier. We have new offences of coercive control, upskirting and stalking, and on revenge porn. The rough sex defence has been dealt with, and we have introduced modern slavery offences, when women are often trafficked for sex.”
“The pandemic has been extremely challenging for the court system over the past year or so, but we all have a duty not to be hyperbolic in our language—it is not in meltdown. Justice is still being dispensed in the courts, and while delay built up naturally during the pandemic, an enormous amount of work has been done to deal with it, with the opening of Nightingale courts and a massive expansion of capacity. We are seeing progress, so I hope that the hon. Lady will focus on the work that needs to be done to recover from the pandemic. We will see more positive outcomes in the months to come.”
“I share my hon. Friend’s concern about the low figures in military courts as well, and I will of course discuss that with the Secretary of State for Defence or my ministerial counterpart. I know that my hon. Friend is authoring, or leading on, a report on women in the armed forces at the moment. I shall look forward to reading that as well and drawing some conclusions from it for my work.”
“The hon. Lady makes an important point which, as I am sure she appreciates, is not within my ministerial ambit to comment on. However, through the work of the Department for Digital, Culture, Media and Sport on the online harms Bill and of the Department for Education, we are all very much aware that young people take their signals and learn their behaviour from the adults around them. We all have a duty to ensure that they grow up as right-thinking members of society.”
“I hope that, given his obvious conviction and commitment to this issue, my hon. Friend will volunteer to be on the Committee that considers the victims’ Bill when it enters the House. It will be a critical part of the architecture of ensuring that we build confidence in the system among victims, and I look forward to its passage through the House.”
“As you will know, Madam Deputy Speaker, victims of these kinds of offences do have a right to lifetime anonymity. Although I have to admit that that penalty standing alone does seem derisory, the hon. Lady will know that the particular individual—I think we are talking about the same case—received a very significant sentence for the substantive offence. This is an issue that we will be keeping under review, but for the purposes of the rape review my job is to get more cases into court, and that is what I will be focusing on.”
“My hon. Friend raises a critical issue, which, as she says, is at the heart of so many of these investigations. I know that, as part of their joint action plan, the police and the CPS will be looking at exactly such issues to ensure that there is consistency and, frankly, that they can get the right kind of result in court.”
“As the right hon. Lady will know, thanks to this Government there are now significant penalties under the modern slavery legislation for those who traffic individuals. However, I hope she will forgive me if I do not necessarily reveal what is in the review. I hope that she will see that, whatever the circumstances of that particular offence, once the work starts—the work has started, but once we get going on the work that sits behind the rape review—we will see perpetrators of all kinds of these offences in court, where justice can be dispensed.”
“I am very distressed to hear the experience of my hon. Friend’s constituent; it sounds like a dreadful case. On the therapy issue, the guidelines in place say that pre-trial therapy is absolutely allowed and appropriate, and nobody should be steered away from it. I would be more than happy to meet my hon. Friend to discuss that particular case, because it sounds like one from which we can learn some lessons.”
“Of course we consulted survivors, and a number of organisations that represent survivors were represented on the engagement panel as part of the development of the review. Indeed, more than that, the Government appointed Emily Hunt, a high-profile campaigner on this issue and herself a survivor, as an expert adviser.”
“My hon. Friend is absolutely right that trust in the police, the prosecution service and the courts is critical to building the confidence and legitimacy on which our law-enforcement system rests. Having been involved in the development of the plan, I hope and believe that it will do two things: first, address that particular issue in what is a complex environment; and secondly, bring justice for individual victims, absent the general confidence that we should all try to instil in the system.”
“Complainants in rape and sexual offence cases are protected by automatic reporting restrictions. There is a lifetime ban on reporting any matter likely to identify a victim from the moment the offence is reported. As the Lord Chancellor has outlined, we are giving consideration to what more we could do to provide greater deterrence and punishment when an offence is committed.”
“Obviously, we want to make sure that there is equity before the law, and no matter how rich or powerful someone is, they have to obey the rules as they are laid down. As the Lord Chancellor has outlined, we are giving consideration to what more we can do in this area to make sure that the anonymity of victims in this kind of case is protected and there is sufficient deterrent and punishment for those who name their own victims, or indeed those who are victims in court, so that it does not occur.”
“We have innovative and ambitious cross-Government action plans to tackle reoffending as part of our uncompromising mission to cut crime. For example, we are introducing GPS tags for serious acquisitive offenders to track their movements for up to 12 months post release and increasing the length of curfews. In January, we announced a £70 million investment, which included enhancing the Department’s approved premises and providing temporary basic accommodation for prison leavers to keep them off the streets and reduce reoffending.”
“More widely, as part of our approach to revising offender management, we are working very closely with colleagues at the Department for Work and Pensions to make sure that those who leave the secure estate have a fair shake in the job market, which, as he rightly said, will go a long way to cutting reoffending.”