Downing Street Garden Event

Debate between Ellie Reeves and Michael Ellis

Tuesday 11th January 2022 Commons Chamber

[Michael Ellis]

Certainly not. If that were the case, there would be no investigation. The very fact that there is an investigation in progress—the very fact that this matter is in the public domain and is being inquired into—is a clear indication that the same rules apply to everyone.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

When one of my constituents gave birth to her first child in May 2020, her husband could be there only for the final stages of labour, and had to leave two hours after the birth of his son. Mum and baby had to stay in hospital owing to complications, and they were not allowed any visitors. She was lonely and isolated, and her baby was struggling to feed. Her husband did not see the baby again until he was four days old.

My hon. Friend the Member for Ogmore (Chris Elmore) has asked the Minister if he will apologise to the parents of lockdown babies who did the right thing, at great personal cost, while No. 10 partied. Will the Minister now give that apology?

[Michael Ellis]

I cannot prejudge the investigation, but of course it is a source of considerable personal regret that anyone should suffer that imposition, inconvenience and distress, of which many examples have been given in the House. Of course that is a matter of personal regret. It is not appropriate to prejudge the investigation that is in progress. However, if the hon. Lady is asking me to express my regret about the tragedy that has befallen all those families who have suffered loss, and what have been grotesque invasions of their family life, I do so, unreservedly.

Oral Answers to Questions

Debate between Ellie Reeves and Michael Ellis

Thursday 1st July 2021 Commons Chamber

[The Attorney General]

Yes, indeed. CPS South East in her region is working with all criminal justice partners to support the recovery activity within Sussex, including to ensure court capacity can be maximised and file quality improved—of course, the better the file quality, the speedier proceedings can follow. The latest levels of cases that I have seen flowing through the courts indicate that in recent weeks at least, outstanding case load in the Crown court has begun to reduce. However, there is still more to be done, and I should say at this point that there is no limit on the number of days that Crown courts can sit for the next fiscal year. That will enable Crown court judges to hold as many hearings as they safely can and as is physically possible, as we continue to recover from the pandemic.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

As we come out of the pandemic, to restore confidence in the criminal justice system, the public need to know that the law will apply equally to everyone, irrespective of rank, job or title. It is clear from the footage of the former Health Secretary and his aide that the law on indoor gatherings was breached. This very same law prevented Her Majesty the Queen from sitting with her family at the funeral of her husband, the Duke of Edinburgh. Does the Attorney General agree that by failing to investigate the former Health Secretary’s breach, this Government are sending the message that there is one rule for Government Ministers and their advisers, and another for everyone else?

[The Attorney General]

The hon. Lady will know that we do not discuss individual cases, putative or otherwise. The reality of the matter is that, as she will recognise, everyone is equal under the law in our system. That has always been the case and remains the case. We have an extremely pressing CPS case load, and a court system that is working very hard to bring justice to all, and that includes victims of serious crime, so I do not recognise the problem she raises. We have a system in this country in which everyone is treated equally, and it is a matter entirely for the independent authorities to investigate each and every case as they see fit, not for Government Ministers.

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[The Attorney General]

The matter to which the hon. Lady refers is for the Ministry of Justice, but she is right to raise it because cases involving rape and serious sexual offences are some of the most challenging and complicated cases—I emphasise that—with which the CPS deals. That is why only prosecutors with specialist training manage these incredibly sensitive, time-consuming and complex cases. The CPS is committed to ensuring that specialist prosecutors are equipped to deal with the complexities and sensitivities of those types of case.

For example, in May, the CPS published revised rape legal guidance, following public consultation, including new content on challenging rape myths and stereotypes, and a trauma-informed approach. The reason I raise that is that speed is important, yes, but it is also right that the complexities and sensitivities of those cases are handled by highly trained and professional CPS lawyers. That is what is happening.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

The Government’s end-to-end rape review has been a missed opportunity to address the systemic failures in our criminal justice system. In the Attorney General’s own words, rape victims “are being failed” by this Government. After a two-year wait, the review offers only piecemeal pilots, tinkering around the edges and next to no new funding. When the dire rape conviction statistics were raised with the Prime Minister last week in the House, he dismissed that as “jabber”—a disgraceful response. Will the Attorney General apologise on behalf of the Prime Minister?

[The Attorney General]

The hon. Lady is mischaracterising what was said last week. The cross-Government rape review was published on 18 June. It has produced key actions: an initial ambition to return volumes of cases progressing through the system to pre-2016 levels by the end of this Parliament; an ambition to ensure that no victim is left without access to a mobile phone for more than 24 hours; the launching of pathfinder projects to test innovative ways for the police and the CPS to approach rape cases—so much has been included in the rape review.

I very much accept, as I said in the rape review’s opening paragraphs, that a great deal needs to be done and that we are not happy with where the process has been. A great deal of work is going into that, however, and increased support for victims throughout the criminal justice system is important. That is happening, including through increased provisions, for example, with ISVAs—independent sexual violence advisers.

Oral Answers to Questions

Debate between Ellie Reeves and Michael Ellis

Thursday 20th May 2021 Commons Chamber

[The Attorney General]

The hon. Lady is right to point to the case load. In fact, the Crown Prosecution Service’s case load has increased considerably. It is also right to point out that the conviction rate rose to 78.7% in quarter 3 of 2020-21, up from 77.4%. The Government have recently announced, as I am sure she knows, several funding packages specifically on domestic abuse, including funding to deal with the effects of the covid-19 crisis as it relates to domestic abuse. The decrease in the volume of overall prosecutions due to the impact of covid-19 is a factor, but this Government are funding this area and giving particular focus to it.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

The number of domestic abuse-related prosecutions fell by 22% in the year ending March 2020, despite a 9% increase in recorded crimes. When I asked the Secretary of State for Justice how many specialist domestic violence courts have been in operation over the past 10 years, he could not give me an answer. Will the Attorney General commit to our proposals, set out in our “Ending Violence Against Women and Girls” green paper, to introduce properly funded specialist domestic violence courts across the country?

[The Attorney General]

I thank the hon. Lady for her question, which is an astute one, and she recognises, as we all do, the importance of this area. It is of course this Government who have already put the Domestic Abuse Act on the statute book, so we are ahead of her party in prioritising this area, and that is a simple fact. The reality, I have to say, is that the CPS’s domestic abuse best practice framework seeks to address the withdrawal rates. She talks about the number of prosecutions, and of course prosecutions have gone down across the board because of the impact of the covid pandemic. However, we want to deliver a high-quality service to victims, and the work that is being done on the framework encourages more timely court listings to get these cases on more quickly and reduce victim attrition, which I know is something the Ministry of Justice and the whole criminal justice system are working very strongly on.

[Ellie Reeves]

It is interesting that the right hon. and learned Gentleman says his party is ahead when it is Labour that has set out a green paper to tackle these issues head-on. What is even more worrying is that domestic abuse prosecutions now seem to be going the same way as rape prosecutions, which are at their lowest recorded level, and new figures show that 44% of rape victims give up before their trial even begins. Will the Attorney General adopt our fully drafted survivors support plan for rape victims and will he commit to backing Labour’s violence against women and girls green paper, or will he continue to sit on his hands and allow the continued systemic failing of the criminal justice system for women and girls in England and Wales?

[The Attorney General]

I do not think it is accurate to refer to the criminal justice system as failing women and girls. It is a high focus for the criminal justice system, and there are a lot of people—thousands of people—working very hard, day in and day out, in the courts, the Crown Prosecution Service and police forces around this country, with a very high priority to focus on this area. It is this Government who have allocated another £76 million to support victims of domestic abuse, sexual violence and modern slavery, as well as vulnerable children. It is this Government who have put the Domestic Abuse Act 2021 on the statute book. It is this Government who are creating 20,000 more police officers, and who have already funded the Crown Prosecution Service to over £85 million—closer to £100 million. It is this Government who recognise that we have to do better. We have to do more, and I accept that. There is always more that can be done, and in such an important area, one can never sit back. We have received 180,000 responses, as I am sure the hon. Lady knows, following the tragic case of Sarah Everard, to the consultation that the Government set up, and we will be looking very closely at those responses.

Oral Answers to Questions

Debate between Ellie Reeves and Michael Ellis

Thursday 18th March 2021 Commons Chamber

[The Attorney General]

I thank my hon. Friend for that question. The CPS East Midlands complex casework unit recently worked on an operation called Operation Trent, which concerned prosecutions against a criminal gang for drug-related activities during 2017 and 2018. A total of 26 people were convicted, and the two main defendants were sentenced in February this year. They got sentences of 20 years and 19 years, and the majority of the other defendants in that big case received custodial sentences of between 13 years and five years.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

I welcome the Attorney General to his place. The recent inspectorate report on complex case units highlighted that CCU heads are often also responsible for rape and serious sexual offence units, despite the report five years ago stating that the expectation was that RASSO units would be staffed with rape specialist prosecutors. Rape prosecution levels are at an all-time low and urgent action is needed, so will the Attorney General back our survivors support plan calling for rape to be a clear named permanent specialism within the CPS?

[The Attorney General]

I thank the hon. Lady for her question. As she knows, and as we heard from the Prime Minister and the Leader of the Opposition yesterday, we are always willing to discuss these matters and look at these issues. I am pleased that she mentions the CPS complex case units, because the CCUs are effective and efficient, and Her Majesty’s Crown Prosecution Service Inspectorate found that they were managing their casework very well. While the report that she alludes to does identify some areas for improvement, that should not detract from the fact that the inspector found that there was an overall high standard of work during his inspection, and the report read very well.

[Ellie Reeves]

I have heard what the Attorney General has said, but I am not sure that he grasps the scale of the issue. Last year, the police recorded over 55,000 rapes, but there were only 2,100 prosecutions and 1,400 convictions. The Government announced their end-to-end rape review over two years ago and we are still waiting for it, so I ask the Attorney General again: will he make rape a dedicated specialism within the CPS and will he back Labour’s survivors support plan for rape victims—or will he sit back and watch the effective decriminalisation of rape?

[The Attorney General]

I do not think the emotive language that the hon. Lady uses is appropriate at all, and I have to say that that is not the case. The reality of the matter is that we have said we will always look at any ideas and suggestions. She talks about 55,000 cases, but only about 5,000 of those were actually referred to the Crown Prosecution Service. The CPS works very hard to prosecute and charge all the cases that are referred to it, and the statistics for that have gone up. Now, 65% of all rape cases that are referred to the CPS result in a charge. I suggest that she looks carefully at the CPSI report, which indicates good work in this area, although I very much acknowledge that more needs to be done.

Oral Answers to Questions

Debate between Ellie Reeves and Michael Ellis

Thursday 4th February 2021 Commons Chamber

[The Solicitor General]

A very good point. The CPS is actively contributing to the Government’s levelling-up agenda, offering apprenticeships across the board in a number of professions across England and Wales. I am pleased to say that the CPS East Midlands, where High Peak is, covers my hon. Friend’s constituency, and it has had 30 apprentices since 2016 and currently has two members of staff undertaking a solicitor apprenticeship. Upon completion of that, the solicitor apprenticeship results in fully qualified solicitor status and a role as Crown prosecutor.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

There is a backlog of 55,000 cases in our Crown courts, victims are waiting years for their cases to be heard, and CPS letters fail to be of standard nearly 50% of the time. While we welcome apprenticeships in the CPS, staff levels were cut by 31% between 2011 and 2019, so why have the Government Law Officers failed to get to grips with the fundamental crisis facing the CPS and our criminal justice system?

[The Solicitor General]

I do not accept the characterisation that the hon. Lady puts on the Crown Prosecution Service. Indeed, it is performing very well and the inspectorate confirms that. The position, of course, is—it is National Apprenticeship Week next week—that I and the Government very much support apprenticeships, and it is right that the CPS does the work that it does to support young people and people from other socioeconomic backgrounds in getting apprenticeships. I hope that she is as supportive as we are of apprenticeships. The reality is that the apprenticeship programme has meant that currently at the CPS, 3.8% of the workforce are apprentices, and that is compared with a national target of 2.3%. This is another parameter in which the Crown Prosecution Service is actually doing very well.

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[The Solicitor General]

I hate to focus on this issue, but the reality is that of course all prosecutions have been affected by the pandemic. The whole courts system, as well as most other functioning systems in this country, are necessarily adversely affected by the pandemic. However, the hon. Gentleman has my assurance, and that of the Government, that domestic abuse cases are among the highest priority in the criminal justice system. On joint interim charging, for example, guidance issued by the police and the CPS immediately following the outbreak of covid-19 stated and confirmed that cases should be prioritised where the defendant is being held in custody, and that specifically included high-risk domestic abuse cases. So we are keeping our eye on this. These are extremely important cases and they must and should continue to be given the priority that they deserve.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

I, too, offer my congratulations to the Attorney General on her forthcoming maternity leave.

As well as domestic violence prosecutions being down 19%, victims are left waiting for months for their cases to go to court and are increasingly being told to pursue civil cases instead. Despite the Solicitor General’s warm words, it is clear that the Government are letting victims down on every front. With the huge barriers facing victims of domestic abuse, will the Solicitor General join me today in backing the Bar Council’s call for non-means-tested legal aid to be made available to victims in the upcoming spending review?

[The Solicitor General]

Of course, I have to leave spending review issues to my right hon. Friend the Chancellor of Exchequer, but the reality is that the CPS best practice domestic abuse framework seeks to address withdrawal rates by delivering a high-quality service to victims, and it encourages more timely court listings. As the hon. Lady knows, we cannot always guarantee immediate court listings, but the CPS does encourage more timely court listings for this type of case. The provision of holistic support for victims—including, where appropriate, the support of an independent domestic abuse adviser—is very important. Funding is going into this issue and it is being given priority. More can be done—the hon. Lady is right and in agreement with Government Members that this is an important area of priority—and we will continue to focus on the issue.

Oral Answers to Questions

Debate between Ellie Reeves and Michael Ellis

Thursday 5th November 2020 Commons Chamber

[The Solicitor General]

The Crown Prosecution Service and the Government are determined to restore faith and build more faith in the criminal justice system, and to give victims of rape—this horrific offence—the confidence that everything will be done to bring offenders to justice. That is why the Government are reviewing the end-to-end response to this awful crime, in consultation with survivors groups as well as the Victims’ Commissioner, while recruiting more police and putting more money into the Crown Prosecution Service. This is a priority: it is a priority for me and for the Attorney General, for the Crown Prosecution Service and for this Government. I thank my hon. Friend for her support in this matter.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

I have listened to what the Solicitor General has had to say, but the reality is that rape prosecutions are at their lowest level on record, and according to the Victims’ Commissioner, only one in seven rape victims has faith in the justice system. Last week, we discovered that an under-resourced CPS is not even getting the basics right, with almost half of letters to victims lacking empathy. It is clear that this Government are letting down victims of rape on every front. I have heard about the consultations and the reviews, but what urgent action are the Government taking to reverse this trend and ensure that victims have faith in the criminal justice system when they need it the most?

[The Solicitor General]

It is very important that victims have faith, and we ask everyone involved in the criminal justice system to support that system in giving victims faith. Dealing with this awful crime is a high priority for the Crown Prosecution Service, and for the Government, and driving up rape prosecutions continues to be a major focus. The overall trend over the past quarter shows that the volume and proportion of suspects charged is slowly increasing, but I accept that there is more work to do in this complex and multifaceted area. We are working with a number of bodies, including the police and the Crown Prosecution Service, to facilitate improvements, so that people can, and should, have the fullest confidence in our criminal justice system.

Oral Answers to Questions

Debate between Ellie Reeves and Michael Ellis

Thursday 4th June 2020 Commons Chamber

[The Solicitor General]

I am grateful for my hon. Friend’s question, and we will certainly take on board what he says. Body cameras are of course an increasingly used piece of evidence. This does, in effect, often add a workload burden on the court system because there is so much video evidence—so much more virtual evidence—now coming into play. However, the Crown Prosecution Service has seen a dramatic increase in its funding from Her Majesty’s Government, and we will be making sure that payment for members of the legal profession is expedited where we can do so.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

The coronavirus pandemic has exposed inequalities facing the black, Asian and minority ethnic community, and the legal sector has proved no exception: 55% of BAME barristers earn more than half of their income from legal aid, and 84% cannot survive a year without support. What urgent action will the Solicitor General take to reverse the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and to restore funds to legal aid?

[The Solicitor General]

We are supporting the legal aid system, as we always have done. The reality is that we are expediting outstanding fee schemes where payments need to be made more quickly than normal; we have reduced the stage lengths before payments are made in the cases that are ongoing; and we have concluded main hearings and ongoing cases and made payment before hearings have been concluded. A multiple series of measures is being made to assist everyone at the Bar and, in fact, in all branches of the legal profession, including payments of up-front fixed fees of £500 for covid-19 matters. Every measure is being taken to support the legal profession, but I accept that there are challenges, as there are in many professions during this crisis.

Oral Answers to Questions

Debate between Ellie Reeves and Michael Ellis

Tuesday 28th April 2020 Commons Chamber

[The Solicitor General]

I am very pleased that the hon. Gentlemen is supportive of the contact tracing app. It is very important because everyone will benefit from the app. If enough people with smartphones download it, it will help stop the spread, slow the epidemic, and protect the NHS. I can assure him and others that the app will be for voluntary participation only. There will be no private identifiable information on it. The whole process will be compliant with data protection and there will be an ethical advisory board monitoring it.

[Ellie Reeves (Lewisham West and Penge) (Lab) [V]]

We support the development of the app, which could be central to the lifting of the lockdown.  However, to be effective it would require more than 60% of the population to sign up, and achieving that would require trust from the public. Will the Solicitor General confirm that the legal basis for processing data under the app will be set out in primary legislation? Will he also confirm that any measures will be compliant with the general data protection regulation, both now and after the Brexit transition period?

[The Solicitor General]

I welcome the hon. Lady to her place. Stakeholder engagement in this matter has been crucial, and continues to be. We have been consulting not only the ethics advisory board for the app, which is chaired by Professor Sir Jonathan Montgomery, but the Information Commissioner, the Centre for Data Ethics and Innovation, the National Data Guardian and many others. Trust is important—it always is—but this app is from NHSX, the tech arm of the NHS, and in this country we trust our NHS with our data. The app is going to be heavily protected and I am confident that it will be very popular.

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[Ellie Reeves (Lewisham West and Penge) (Lab) [V]]

The Bar Council survey of 145 chambers revealed that 81% cannot survive the next 12 months without additional support. Similarly, many law firms are also struggling to make ends meet. Even before the pandemic, the publicly funded legal sector was already on its knees due to cuts to legal aid under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, hindering not only pro bono work but access to advice and representation across the piece. Will the Law Officers work together with us, at this time of national crisis, and commit to reversing LASPO?

[The Solicitor General]

The Government continue to prioritise legal aid for the matters that need it most—where people’s life or liberty is at stake, where they are at risk of serious physical harm or where children may be taken into care. Pro bono work is an adjunct to, not a substitute for, legal aid funding. We recognise that as Law Officers. It is correct that coronavirus has had a profound impact on us all and will inevitably have an impact on legal advice, provision and services, as it has on all other services, but guidance has been published by the Legal Aid Agency and the Courts and Tribunals Service, and I recommend people check online for the latest information.