It gives me great pleasure to speak to new clauses 5, 6 and 7. I apologise to members of the Committee who are here, because they have heard many of these issues discussed before. In the replies that we got in Committee, undertakings were given that some of those issues would be looked at. These are mainly probing amendments, but I will wait to see what the Minister brings forward.
New clause 5 is about the service police gathering statistics on serious sexual assaults and rapes. For the civilian police, there is no statutory obligation to do this, but it is now best practice, and individuals are able to look at trends in different police forces. In Committee, we were told by the hon. Member for Keighley (Kris Hopkins) that the service police already collect such statistics and that they can be obtained through the use of parliamentary questions or freedom of information requests.
I give credit both to the Ministry of Defence and to General Sir Nick Carter, who gave evidence to the Select Committee. I think he is genuinely committed to changing attitudes in the Army, to ensure not only openness and transparency, but, as he has outlined in his introductory leadership guide, zero tolerance of anyone who steps outside of the law. He has also been commended for his efforts not only to recruit more women to the Army, but to ensure that they progress through the armed forces to more senior positions.
Evidence in the 2005 report shows that 39% of servicewomen questioned said that they had faced harassment, and that cannot be right. It also notes that 33% said that they had faced unwelcome attempts to talk about sexual matters or had felt uncomfortable in some conversations. Why is it important to publish such statistics? Clearly, they have already been collated. I know that the Ministry of Defence moves at a snail’s pace and occasionally needs a push to come up with best practice, but I cannot see any reason why the statistics should not be produced annually, given that they are already available. Doing so would enable us to look at trends—that has been important in civilian police forces—and at whether the initiatives to bear down on unacceptable behaviour in all three services are actually having an effect.
Members should not have to ask a parliamentary question or have to make a freedom of information request in order to get that information. I cannot for the life of me understand the reluctance towards making it available, apart from the usual conservativism—with a small “c”—and snail’s pace of the Ministry of Defence. Let us be honest: if the statistics are published annually, I assure anyone who is watching that the sky will not fall in. I think it would send a proper and clear message. It is important that what General Carter and others are saying about advancing and promoting women, and about bearing down on unacceptable behaviour, is scrutinised properly.
New clause 6 relates to the commanding officer, who is in the unique position of being able to decide whether an allegation of sexual assault should be referred to the military police or to the civil police for investigation. The Select Committee had a long discussion about this
issue and I certainly feel that it puts a commanding officer in the position of making judgments when he or she might not be in full cognisance of the facts, so a referral to the police would be a better approach. However, General Carter indicated to the Select Committee that commanding officers are recommended to take legal advice before deciding how to deal with such cases. One way to reach compromise would be to codify an obligation on commanding officers to take legal advice in all instances before taking such a decision.
4.30 pm
New clause 7 deals with the serious issues not only of violent crime, but of rape. I tabled the new clause to raise the question of whether the military police have the capacity or expertise to deal with serious rape or murder cases. I accept what the Minister said in the Select Committee about the great advances made in training and support for the military police, as well as the techniques available. There has been some movement on things that are done as a matter of course by the civilian police.
We discussed the matter in the Select Committee, but I repeat that some of the cases, especially rape cases, are complex. Civilian forces have developed techniques, such as the use of rape suites for victims. The volume of cases dealt with by civilian forces means that they are more capable not only of supporting victims when they come forward, but of investigating such serious sexual assaults or rape. Thankfully, the number of instances dealt with in the armed forces is low. The Metropolitan police and other large forces clearly deal with a large number of cases, and they have both expertise and officers who have dealt with different types of sexual assault and rape. Such individuals or police forces would be better placed to ensure that a victim in the military received the same high standards and support that we would expect for the victims of such crimes in civilian life.