BBC News Impartiality: Government's Role
Michael Ellis Excerpts(9 months, 3 weeks ago)
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Sir Michael Ellis (Northampton North) (Con)
I beg to move,
That this House has considered the Government’s role in upholding the impartiality of BBC news coverage.
It is an honour to serve under your chairmanship, Ms Bardell. I refer the Chamber at once to my entry in the Register of Members’ Financial Interests. I am grateful to have secured time for this important debate.
The BBC is a much-treasured national institution. Its news service is relied on by millions of British people and others around the world. Impartiality is rightly the foundation stone of the BBC’s operational guidelines and the very reason why it has garnered the trust of its users over many years. Its journalists provide an invaluable public service, often in trying and sometimes even dangerous circumstances. It is with great regret, though, that I have concluded that the BBC’s impartiality has been brought into disrepute. The BBC has found itself at the centre of ever-increasing controversy in recent years, and the organisation’s coverage of the Israel-Hamas war has led it comprehensively to fail the British public.
Sir Alec Shelbrooke (Elmet and Rothwell) (Con)
Will my right hon. and learned Friend give way?
Sir Michael Ellis
I will make a little progress, then I will give way. The tragic events in Israel and Gaza undoubtedly pose a challenge to any media outlet given the strength of feelings that they elicit. However, a careful review of BBC output shows a clear failure to uphold its obligation to impartiality. In doing so, BBC News’s broadcasting and online content has actively inflamed community tensions here in the United Kingdom, fuelled the appalling rise in antisemitism and, in at least one particularly shocking case, harmed diplomatic efforts to bring an end to the violence.
Sir Alec Shelbrooke
Before we move on to the in-depth part of my right hon. and learned Friend’s speech, is not one of the problems with the BBC that it lays down rules then just ignores them? For example, what Gary Lineker wants to say is up to Gary Lineker. However, if the BBC says, “You do not have the right to do that,” when he then does it and waves two fingers, does that not completely undermine the BBC’s editorial content?
Sir Michael Ellis
My right hon. Friend is absolutely right. The BBC’s failure to adhere to standards and deal with those problems when they arise is a fundamental, systemic and systematic problem; I will come on to that.
Jim Shannon (Strangford) (DUP)
Will the right hon. and learned Gentleman give way?
Theresa Villiers (Chipping Barnet) (Con)
Will my right hon. and learned Friend give way?
Jim Shannon
I thank the right hon. and learned Gentleman for bringing forward this debate. I apologise to him and to you, Ms Bardell, for not being able to be here throughout; I have a meeting with a Foreign, Commonwealth and Development Office Minister. The right hon. and learned Member is right to set out the case on Israel and Hamas. If we look at the BBC’s bias against Brexit and Northern Ireland, it cannot even name our country right; indeed, its correspondent is called the Ireland correspondent. My goodness me. How long will it be before the BBC understand that when the Welsh correspondents are called Welsh correspondents and the Scottish correspondents are called Scottish correspondents, the people of Northern Ireland should have a Northern Ireland correspondent? We are part of the United Kingdom of Great Britain and Northern Ireland. That is who we are. The quicker that the BBC catch on, the better.
Sir Michael Ellis
The hon. Member makes a good point. The examples of biased content are great in number, and I simply do not have the time to document all of them.
Theresa Villiers
One of the most worrying examples of biased content on the BBC was their coverage of the bombing of the al-Ahli Arab Hospital, where its rush to accept the Hamas allegation that it was caused by Israel genuinely created problems on the ground and made it harder to resolve things. It had a real-life impact. That is an example of how the BBC needs to be much more careful in its coverage of Israel.
Sir Michael Ellis
My right hon. Friend makes a good point, and I shall come on to that in more detail momentarily.
BBC News has been roundly and deservedly ridiculed for its abject failure to identify Hamas as a terrorist group. Under immense pressure, the BBC eventually chose to acknowledge in its ongoing coverage that Hamas is proscribed in the United Kingdom, but it still refuses to explicitly label it as a terror group. That double standard was clear for all to see just weeks after Hamas’s heinous pogrom on 7 October, when BBC News immediately reported on its website an incident in Brussels as a “terror attack” linked to Daesh. Not only is the BBC failing to uphold the law of this country when it refers to Hamas as anything other than a terror group, it is effectively becoming complicit in Hamas’s well-orchestrated disinformation campaign.
The most dangerous example of the dissemination of disinformation during the current conflict came on 17 October—as my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) has said—when the BBC inaccurately reported that Israel was responsible for an explosion in the Al-Ahli Arab Hospital. BBC News’ breaking news Twitter account hurriedly notified its 51 million followers:
“Hundreds feared dead or injured in Israeli airstrike on hospital in Gaza, Palestinian officials say.”
BBC News’ international editor Jeremy Bowen told television audiences that “hundreds” had been killed and “thousands” injured after the hospital was “destroyed” in what he described as “the attack”—terminology that would clearly lead viewers towards the wrong impression that Israel was responsible.
There was an urgent Israeli investigation into the explosion at the hospital, subsequently independently confirmed by non-Israeli sources, which revealed that the incident was in fact caused by a misfired terrorist rocket launched by Palestinian Islamic Jihad. Even then however, BBC News saw fit to present claims and counter claims on its website, as if there was some sort of moral equivalence between a democratic state whose leaders are elected by their people and whose courts deal with their government, and a genocidal terrorist group that oppresses its people and murders children and innocent civilians.
Sir Michael Ellis
I will in a moment.
That particular incident at Al-Ahli Arab hospital had profound real-world implications. It led to the cancellation of a Head of State-level regional peace summit and violent protests erupting across the middle east, and the World Jewish Congress said it contributed to a spike in antisemitism globally—including the burning of synagogues in Tunisia and Germany. Such were the repercussions of that one misreport.
Reasonable people accept that mistakes can be made in any profession. However, it was the dismissive nature of the BBC’s response to the Al-Ahli coverage debacle, and the continuing pattern of troubling output since then, that does not reassure that lessons have been learned. Disgracefully, when Jeremy Bowen was interviewed about the incident he dismissively said he did not “regret one thing”, and that he did not
“feel particularly bothered about that.”
Bowen seemingly downplayed Israel’s discovery of evidence—including guns—that confirmed Hamas’s military operations within Gaza’s Al-Shifa hospital, saying it was “not convincing”. Perversely though, he said
“wherever you go in the Middle East you see an awful lot of Kalashnikovs and it’s not inconceivable that…I dunno…perhaps the security department of the hospital might have them.”
Repeated preparedness by the BBC to disseminate unverified claims provided by a proscribed terrorist group with a track record of disinformation should trouble us all.
Simon Jupp
My right hon. and learned Friend is making a great speech detailing some of the failures of BBC editorial policy. However, it is not just the BBC that does not describe Hamas as a terrorist organisation, other public service broadcasters such as ITV and Channel 4 do not do so either.
As politicians, we have to be a bit careful about asking broadcasters to bow to our whims as Members of Parliament when it comes to proscribing things and making editorial decisions. As a former BBC journalist myself, I think there is a real need to balance that with editorial justification and impartiality—and I am sure my right hon. and learned Friend will come on to that in his speech. It is important to recognise that other public service broadcasters also do not describe Hamas as a terrorist organisation.
Hannah Bardell (in the Chair)
Before the right hon. and learned Gentleman continues, I remind Members that interventions should be short and brief.
Sir Michael Ellis
What we want, need and expect from the BBC is a lack of bias and proper impartiality—that is all anyone expects. It is supposed to be a leader in its field and to set an example for other smaller broadcasters. I make no apology for expecting high standards from the BBC.
Andrew Percy (Brigg and Goole) (Con)
In relation to the point made by my hon. Friend the Member for East Devon (Simon Jupp), is it not the case that, when we have a criminal case in this country, the BBC describes the people in those criminal cases as murderers, burglars or whatever else they are? We have a legal framework in this country that has determined that this is a terror organisation, and the BBC should apply the same rule in that situation.
Sir Michael Ellis
My hon. Friend is absolutely right. As my example indicated, it does that for Daesh, which is another terrorist organisation. It will not do it for Hamas, and that is because of a link with Israel. Not all examples are as flagrant; the bias of BBC News and its journalists can be seen in other ways, which shows the depth of the problem. The BBC follows Hamas’s cynical policy of not distinguishing between civilian and combatant casualties. BBC News reports routinely add what amounts to disclaimers on information released by Israel or the Israeli army as being unverified. Time and again, that same rule is not applied to information released by Hamas. It was only after another pressure campaign that the BBC even started informing viewers that casualty figures in Gaza were provided by a terrorist-controlled Hamas health ministry, yet that seldom comes with a disclaimer about how they are unverified by the BBC.
For example, take a story on the BBC News website from just 2 February this year, in which it reports:
“More than 26,750 Palestinians have been killed and at least 65,000 injured, according to health officials in the Gaza strip.”
It then states:
“Israeli officials say that 9,000 of those killed were Hamas militants but have not provided evidence for the figure.”
By the way, Hamas have subsequently said that they had lost 6,000 fighters, still half of what Israel has claimed, but the BBC has chosen to ignore that Hamas statement, unlike many other news outlets. That happens daily. Each time the message that it conveys to readers, viewers or listeners is that Israel is not to be trusted over the word of a proscribed terror group that are known to wage information war.
Sir William Cash (Stone) (Con)
On the broader question of the charter itself, a royal charter confers a privilege, which is effectively a kind of monopoly. Does my right hon. and learned Friend agree that the licence fee payers, who come from all over the country, are themselves paying for disinformation on the basis of what he is saying? That, if it were a product liability issue, would lead to all kinds of legal consequences.
Sir Michael Ellis
My hon. Friend makes a very good point. Of course, it puts the BBC in that elevated status where the taxpayer is obliged to pay for it, and there are consequences from its poor leadership in this area. The BBC’s coverage of weekly pro-Palestinian marches has displayed an extraordinary disconnect from reality. It has repeatedly stressed that the marches are “mostly peaceful”, yet television reports have featured BBC journalists amidst crowds chanting genocidal refrains and brandishing flagrantly antisemitic placards. Not all viewers will have an understanding of those deplorable scenes and it is incumbent on the BBC to cover them responsibly.
On 30 October, the BBC posted a news item on its news app headlined, “Met Police chief wants clarity on extremism”. The article actually concerned the appalling displays of antisemitism and violent rhetoric at those pro-Palestinian rallies, but strangely the BBC saw fit to use a photograph of an Israeli flag as the banner image accompanying the piece. The message that would send to the casual reader is unmistakable: Israelis, or pro-Israel individuals, are the extremists.
I would like to touch on BBC Arabic now, which has repeatedly presented former Palestine Liberation Organisation Major General Wasif Erekat, who has celebrated the “heroic military miracle” of 7 October, as an independent military expert. Erekat has appeared on BBC Arabic at least 12 times since 7 October, despite having admitted to firing artillery shells on what he calls “Zionist positions” from Lebanon, and making outrageous remarks about how Hamas does not target civilians.
Concerns about bias within from the BBC are perhaps unsurprising when one considers some of the employment controversies engulfing the organisation, which I would like to touch on now. A scheduling co-ordinator for BBC3, Dawn Queva, branded Jewish people “Nazi apartheid parasites” and referred to the holocaust as the “holohoax”. In the wake of 7 October, BBC News Arabic journalists likened Hamas to freedom fighters and spoke of a morning of hope. A Beirut-based correspondent on BBC Arabic, Sanaa Khoury, tweeted that Israel’s prestige is “crying in the corner” and liked a comment about receiving sweets that were distributed in celebration of Hamas’s attack.
We have heard about Gary Lineker, who encapsulates the problem within the BBC. Lineker has shared a video with 8.9 million of his followers, with the offensive accusation that Israel is committing genocide and mourning the death of a Palestinian footballer, who was later revealed to be a “martyr fighter” for Hamas. He also shared a message calling for Israel to be banned from international football tournaments. Lineker has frankly made a mockery of new social media guidelines that had been drawn up following an earlier controversy over his politicised posts.
Amid that sorry state of affairs, it is perhaps unsurprising, though no less distressing, that the director-general of the BBC, Tim Davie, recently acknowledged that antisemitism was within the corporation. Perhaps that is not surprising, when “The Apprentice” star, who we have heard about recently, tweeted that Zionists were “odiously ogre-like”. The BBC compliance department apparently ruled that that was not antisemitic. Instead, they sent him on a diversity course. If Zionism were just a policy, and not a euphemism for Jews, as we all know it is, how can someone who supports a policy, of any sort, be physically ugly? That gives the lie to the whole charade. What they are really talking about when they say Zionists is, of course, Jews. Shamefully, BBC employees were prohibited from attending a major march against antisemitism last year, on the spurious grounds that it was controversial. Compounding that, BBC News saw fit to describe that as a pro-Jewish march.
The BBC has been criticised by Ofcom for its coverage, as many will recall, of a vile antisemitic attack on Jewish students in London in December 2021, finding that it had
“failed to observe its editorial guidelines on due impartiality and due accuracy.”
In that episode, the BBC had falsely accused Jewish victims of making anti-Muslim slurs. That was swiftly disproven, but the BBC failed to update its online news article for nearly two months, with no regard for the wellbeing of the attack victims and the wider Jewish community.
Simply, there have been too many examples of a lack of impartiality for the BBC to keep dismissing concerns. The BBC’s biased coverage throughout this conflict has undoubtedly had an impact on the public’s perception and the understanding of it, and has steered it in a more anti-Israel direction.
Kirsty Blackman (Aberdeen North) (SNP)
What response has the right hon. and learned Member had from the BBC when he has raised these concerns? Is it taking action?
Sir Michael Ellis
I will be coming to that. We know that the BBC has received myriad complaints. The consequences of its lack of impartiality have been particularly acute for the UK’s Jewish community. Just as the Al-Ahli misreporting led to a violent spike in antisemitism across the world, so too has the relentless bias of BBC News coverage contributed to the record level of intimidation and attacks on British Jews.
It is interesting to note that more than three quarters of Jews in Britain—77%—believe that BBC coverage of the war in Gaza is biased against Israel, according to a recent poll by Survation for a newspaper. Dozens of current Jewish employees at the BBC are understood to have filed formal complaints related to their concerns about antisemitism, describing it as a “grim” and “frightening” time to be Jewish at the corporation. The BBC’s senior management has fundamentally failed to deal with this problem and uphold its own guidelines. The organisation now appears complicit in peddling misinformation and allowing antisemitism to fester. In those circumstances, I have come to the conclusion that the BBC is institutionally antisemitic.
It has now been 20 years since the Balen report into the BBC’s anti-Israel bias. The organisation has spent hundreds of thousands of pounds of hard-working licence fee payers’ money to suppress that 20-year-old report. I ask my hon. Friend the Minister to join me and add her voice to the calls for the BBC to finally publish that report. I wrote to the director general before Christmas, and he declined to release it. I also ask the Minister whether she would agree that the time has come to finally say that the BBC’s ability to mark its own homework must be removed. Existing complaints procedures are ineffective and do not command confidence.
I shall end by recounting the words of 22-year-old Noah Abrahams, who left his dream job at the BBC after its refusal to unequivocally call Hamas what it is: a terrorist organisation. Noah said that words have the power
“to fuel hate and put fuel on the fire…Words impact how we think, how we react, how we act. They have influence.”
I challenge all of us here to stand up for truth, challenge the BBC in its deeply entrenched bias, and call for accountability.
Hannah Bardell (in the Chair)
I remind hon. Members to bob if they wish to be called to speak. I hope to call Front Benchers by 3.28 pm, so I ask those who are speaking to be mindful of that.
Kirsty Blackman
I just felt that this was the BBC’s position and I wanted that to be clear, because it does not have a voice in this debate right now.
Sir Michael Ellis
It may just help if I repeat the BBC’s breaking news Twitter account—the push notification to 51 million followers:
“Hundreds feared dead or injured in Israeli airstrike on hospital in Gaza, Palestinian officials say”.
Kirsty Blackman
Which, in that, is attributed to Palestinian officials, but absolutely—I think it is worth watching it back. But the BBC position is that it was very clear about that.
On the ideas around the bias or the lack of impartiality, apparently 36% of the public see the BBC as neutral; 15% see the BBC as pro-Palestine; and 17% see it as pro-Israel. There have been protests outside BBC studios throughout Scotland suggesting that the BBC is in fact too pro-Israel. Those protests have taken place outside a number of BBC studios in Scotland, including twice in Aberdeen. Any of those things are concerning and worrying for staff. People absolutely have a right to protest. Whichever the view of the protesters, the protests can be worrying for people who are perhaps not anywhere near reporting on either what is happening in Gaza or on any other sort of foreign affairs.
Kirsty Blackman
Actually, I do think the perception is important. It is also important that, as the hon. Gentleman said, 77% of Jewish people in the UK think that the BBC is biased. Having said all of that about the views of the general population, it is none the less incredibly important to listen to the communities who have a long history of persecution, particularly Jewish people. It is incredibly important to listen to those views and to understand that, if a community feels that the BBC is doing something wrong, it needs to take that incredibly seriously.
Sir Michael Ellis
The hon. Lady has been generous in giving way. I reiterate the point, which I am sure she will agree with, that it is very easy for people to make any sort of claim or counter-claim, but there needs to be some evidence. I like to think that in my speech I gave numerous evidenced examples. If people are going to say that there is evidence of BBC pro-Israel bias, they need to be able to cite some examples of that. I do not think they will be able to do that.
Kirsty Blackman
Given that I came to talk more generally about the impartiality of BBC news and I had few notes on the conflict in Gaza, I am afraid I do not have an answer. I am not here to defend the BBC. I just wanted to be clear on what its position was, particularly around that one incident that was mentioned.
I met representatives of the Union of Jewish Students in the wake of the beginning of the conflict. We spoke about what was happening at the University of Aberdeen and how safe or unsafe they felt on campus. They raised concerns with me about reporting, but the concerns that they raised were not specifically about the BBC; they were about reporting in general. It is very important for us to listen to those people who are saying, “We are being discriminated against” or “There is bias against us” because, as a non-Jewish person, I do not feel, see or hear all the undercurrents. It is not only we as parliamentarians who must listen to such views; the BBC must ensure that it listens to members of the community who are the experts in this when providing diversity training, as the hon. Member for Brigg and Goole (Andrew Percy) mentioned. I absolutely agree with his suggestion that the training should be carried out by those people who are genuine experts, such as Antisemitism Policy Trust. I will declare an interest. Members can look at my entry in the Register of Members’ Financial Interests in relation to that.
It is important to think about the regulation of the BBC. We recently had the first Media Bill in 20 years. It has been a long time since there was a change to the regulation of public service broadcasting in general. However, the BBC is governed by the charter and the agreement that comes alongside it. In some ways, Parliament is unable to take action on this; that is more in the remit of the UK Government. I ask the Minister, when she is looking at this, to look at some of the genuinely good work the BBC has done around increasing diversity—I have spoken to it about that in recent times—and to assess whether she, the Government, and the communities that are impacted feel that the 10-point plan and the impartiality and diversity training the BBC has put in place are sufficient, so that the BBC can be impartial, continue to be respected, and provide the public service broadcast that so many people rely on in order to get their news.
Sir Michael Ellis
I am grateful to you, Ms Bardell, and to Front-Bench and particularly Back-Bench colleagues.
The BBC is a treasured institution. We care about it and want it to prosper—that is why we are here—but it is failing. Ironically, as colleagues have mentioned, today the BBC is heavily pushing what it is calling its Gaza day. No one begrudges it that—that is what it is entitled to do—but has the BBC done an Israel day? If it purports to be neutral, it has to do both. Why not do an Israel day? If Uruguay and Paraguay were at war and the BBC did a Uruguay day, we would find it also doing a Paraguay day. Why not interview the victims, the injured, the Israeli families of the murdered of the pogrom or the hostages who have been released? Why not interview the heroes who saved civilians? If it purports to be neutral, it has to do both, so it is a highly topical example. It is suspicious, of course, because doing such an Israel day would be a lot easier to arrange and could perhaps have been done already.
Today the BBC is going some way to proving the case, but what makes the BBC institutionally antisemitic is not that there is bias or antisemitism within—sadly, there is a lot of that everywhere—but the fact that the management have not done what they should be doing about it. That is what makes it institutional. BBC employees suffering abuse from within, mistakes not being corrected, staff and so-called talent not being disciplined and erroneous reports not being corrected or being pushed out without responsible checking have inflamed community tensions here in the UK, fuelled the rise in antisemitism and harmed diplomatic efforts to end the violence.
To hold oneself out as neutral and to be biased is a form of corruption. The BBC can no longer be permitted to mark its own homework.
Question put and agreed to.
Resolved,
That this House has considered the Government’s role in upholding the impartiality of BBC news coverage.
Oral Answers to Questions
Michael Ellis Excerpts(10 months ago)
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Stuart Andrew
The hon. Gentleman raises an important point, and I have heard that from fans in my constituency. It is a decision for football, but I will be happy to raise the issue with the various leagues. I recognise the impact that such postponements have on fans up and down the country.
Sir Michael Ellis (Northampton North) (Con)
Does my right hon. Friend share my concern that the large number of inquiries that Ofcom has launched against GB News, for conducting itself in exactly the same fashion as other channels routinely do, is in danger of looking biased and political, and that Ofcom is in danger of putting itself in judicial review territory?
Lucy Frazer
The Government and I are in favour of media plurality, and it is important that different channels express different views across our vast political landscape. I am pleased that GB News has chosen to be regulated by Ofcom, and I know that Ofcom carries out its job appropriately.
Telegraph Media Group: Proposed Sale to RedBird IMI
Michael Ellis Excerpts(10 months, 3 weeks ago)
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Sir Michael Ellis (Northampton North) (Con)
For what it is worth, the proposal is said to enhance the competitive landscape, not diminish it. Does the Minister agree that this sort of decision must be made according to legal principles, not politics? It is not appropriate to consider political posturing from the left or right when deciding this important matter, which is part of the Secretary of State’s quasi-judicial functions.
Julia Lopez
My right hon. and learned Friend is right to say that the Secretary of State will be under specific obligations to consider this matter without politics. Both the CMA and Ofcom will look at this carefully from a regulatory point of view. We as politicians should also have a right to some broad views about media ownership as we consider those questions. The Secretary of State is the departmental owner of culture, media and sport, and will have some considerations about how to ensure a dynamic media landscape. I am sure that she will carefully apply her legal brain to the application of those principles.
Oral Answers to Questions
Michael Ellis Excerpts(2 years, 2 months ago)
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Ian Levy (Blyth Valley) (Con)
The Attorney General (Michael Ellis)
It is an honour to serve as Attorney General for the second time, and to lead a legal profession that is the envy of the world and a Government Legal Department whose integrity is an example to multiple jurisdictions. I am very proud to hold that position. I also welcome the Solicitor General, my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson), to his place.
In May, this Government published the review of disclosure and amended the disclosure guidelines to deliver improvements for police, prosecutors and the victims of crime. The new guidelines feature an annex on data protection that will ease the burden on police, leaving them with more time on the beat and to investigate crime.
Ian Levy
Within Northumberland, there has been a review that highlights multiple failings in multi-agency communication, and states that lessons have been learned. However, I have been contacted by constituents, and it appears that similar failings are still happening. Will my right hon. and learned Friend please reassure me and the people of Blyth Valley that steps are being taken to improve the efficiency and effectiveness of disclosure?
The Attorney General
My hon. Friend is quite right: disclosure is a very important issue, whether in Northumberland or any other part of this jurisdiction. Updated principles on accessing third-party material have strengthened privacy protections for victims, and mandate that officers must have clear written reasons in place before accessing any material such as, for example, therapy notes. My hon. Friend has made an important point about communication between the criminal justice agencies, and we are ensuring that that continues to improve apace.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
The Minister will know that this is a very important matter in terms of miscarriages of justice. The Chairman of the Justice Committee, the hon. Member for Bromley and Chislehurst (Sir Robert Neill), and I chair the all-party parliamentary group on miscarriages of justice. Will he look at other countries’ good practice on this, especially the United States?
The Attorney General
I thank the hon. Gentleman for his question. We are always looking and willing to look at how other jurisdictions practise in this sphere. Of course, it is a problem across western jurisdictions, because people now carry on their person so much more data capacity than ever before, which opens up a wide array of questions as to disclosure. The amended disclosure guidelines unequivocally state that indiscriminate access to personal records should never occur, and it is worth noting that the volume of suspects charged has continued to increase quarter on quarter, with a rise from 526 to 550 in quarter 3. That is an increase of 4.6%, so we are moving in the right direction on charges.
Giles Watling (Clacton) (Con)
The Attorney General (Michael Ellis)
The Government stand shoulder to shoulder with Ukraine as it defends itself from Russia’s invasion. I am personally dedicated to supporting Ukraine’s search for accountability and justice. I recently spoke to the Ukrainian prosecutor general, Andriy Kostin, and heard his important ongoing efforts to investigate and prosecute domestically Russia’s actions on his country’s territory, which are appalling. We discussed, among other things, UK support through the UK-US-EU Atrocity Crimes Advisory Group initiative, which will provide direct practical and advisory support to his office in Kyiv. The UK will continue to play a leading role to ensure accountability for Russia’s actions in Ukraine.
Giles Watling
I thank the Attorney General for his answer. This abhorrent invasion is no longer focused on by the media as it should be, and there are atrocities going on every day. Does he agree that every crime committed by Russian soldiers must be taken into consideration and people must be held to account, as must their leader, Mr Putin?
The Attorney General
I thank my hon. Friend for his question, and he is right. The Atrocity Crimes Advisory Group was launched on 25 May by the EU, the US and the UK to ensure efficient co-ordination of respective efforts. It is a very complicated area, but we want to support accountability efforts on the ground. My colleague in the other place, Lord Ahmad, has already announced £2.5 million of UK support for that initiative and for elements of that organisation, including the deployment of mobile justice teams, and training for judges is already under way.
Jim Shannon (Strangford) (DUP)
It is obviously important that all the evidence the Ukrainians are gathering to seek out those who have carried out crimes is collated quickly. Is there any help that our Government can give the Ukrainians to do that? It is so important that those people are held accountable before the courts sooner rather than later. What can be done to expedite the process?
The Attorney General
Justice delayed is justice denied, and that is as accurate today as it ever was. We have to move at pace, while getting it right, and collating the evidence is important. I can tell the hon. Gentleman that we are doing everything we can to support the Ukrainians in every conceivable way, including in this area.
Angela Crawley (Lanark and Hamilton East) (SNP)
I welcome the Attorney General back to his place; he is providing much needed continuity amidst the chaos. Bombings of civilians, conducting executions, torturing war prisoners and sexual violence—independent investigators have concluded that Russia has committed all those crimes. I have heard what the Government intend to do, but what specific steps will they take now and in the future to ensure that perpetrators face the consequences of their actions in an international court?
The Attorney General
I thank the hon. Lady for raising that. Of course, this is a cross-party issue. We want to see these horrific crimes brought to justice. We will do everything we can to support the Ukrainians in that effort, and we are working across the international community to do that. We have put money into mobile justice teams and training judges for the Ukrainians. We are doing everything we can and will continue to do more.
Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
Sir Edward Leigh (Gainsborough) (Con)
The Attorney General (Michael Ellis)
The Government continue to ensure that the police and prosecutors have the necessary tools to tackle the dangerous and highly disruptive tactics used by a small minority of protesters to wreak havoc on people going about their lawful daily lives. In relation to the Insulate Britain protesters, for example, the CPS has so far secured no fewer than 364 convictions in the magistrates court. It continues to take those cases to trial, which shows its resolute determination to bring those criminals to justice.
Sir Edward Leigh
On Tuesday, the House decided to criminalise grandmothers who hold prayer cards outside abortion agencies. At the same time, quite rightly, we brought in ever more new powers to deal with Just Stop Oil protesters. The difference is that the grandmothers will go away quietly, but the other protesters will keep turning up. There is no point having more and more legislation—we have so much legislation in this area—if the police do not enforce it and the CPS and the courts do not throw the book at these people and give them long custodial sentences.
The Attorney General
Of course, the sentencing of such individuals is a matter for our independent criminal justice system, but we have an offence of nuisance on the statute books, as well as offences such as obstructing the public highway, the powers of which have been increased to 12 months’ imprisonment. The Public Order Bill is going through Parliament, which I was rather surprised that the Opposition did not support. As I have said, we are determined that those who seek to disrupt the normal lives of citizens meet the full force of the law. That is what should happen and that is what is happening. The Crown Prosecution Service and the police, as the operationally independent authorities, are working extremely hard in close partnership to bring those people to justice and see that they receive the punishment that they richly deserve.
Andy Slaughter (Hammersmith) (Lab)
May I welcome the latest team of Law Officers to their places? I think I missed a stray Solicitor General in the summer recess, between the incumbent and the hon. and learned Member for Cheltenham (Alex Chalk), but it is very hard to keep up these days.
We all know there are well-trusted laws to criminalise this type of behaviour, but is the Conservative party now opposed to all public protest and free speech? Reading its 2019 manifesto, I would have expected to see the Solicitor General and the Attorney General on the picket line opposing fracking, but last night they voted to allow fracking to go ahead, including, I presume, in their constituencies. If the Law Officers are prepared to break a clear promise in such a blatant and cynical way, what example does that set to others in upholding the rule of law?
The Attorney General
The hon. Gentleman’s question is not of course on point to the question asked, but the reality of the matter is that the Labour party is embarrassed by the fact that it is on the side of the protesters, rather than those people who wish to go about their lawful duties, and that is why it did not support the Public Order Bill. The offence of public nuisance is available, it has a wide array of penalties available to it and we know the courts will use those powers. I think the Labour party ought to focus on supporting the British public, who wish to go about catching trains, driving along roads and going about their lawful business.
Craig Williams (Montgomeryshire) (Con)
Mrs Emma Lewell-Buck (South Shields) (Lab)
The Attorney General (Michael Ellis)
The CPS is committed to ensuring that victims of crime are properly able to access justice. Last year, the CPS commissioned independent research to better understand what victims want and need, and to identify areas for improvement. On 27 June, the CPS published its response to the research findings, setting out key areas of action to improve how it engages with victims, and this includes delivering a universal service offer for all victims of crime.
Mrs Lewell-Buck
I thank the Attorney General for that response, but this Government’s inability to prioritise victims is well documented. Today, the final report of the independent inquiry into child sexual abuse will be published. For these victims, their abuse is not historical; they live with it every single day, and they need justice. Will he commit to implement all the recommendations in full?
The Attorney General
This Government have repeatedly shown, and rightly so, our support for victims and prioritising the rights of victims. The CPS publishes yearly data—for example, on the victims’ right to review scheme. Nearly 78,000 decisions were made that were eligible for the scheme, under 2,000 decisions were challenged and 270 were found to be wrong—that is 0.35%—but I want to apologise for any decisions that were wrong. Even in that tiny number, it is human lives that are involved. We have focused greatly on the rights of victims, and we will continue to do so.
Alex Chalk (Cheltenham) (Con)
Can I warmly welcome the reappointment of the Attorney General, and indeed the appointment of the excellent Solicitor General?
It is fantastic news that the number of rape prosecutions is now 30% higher than it was in the last quarter pre covid. Does the Attorney General agree that, if we are going to continue that progress, we need to widen the pipeline of referrals from the police? In that endeavour, we need to ensure that the redaction burden is reduced so that it is proportionate, so that those cases are passed to the CPS and victims get the justice they deserve.
The Attorney General
I commend my hon. and learned Friend for his time as Solicitor General. I reiterate, as he has done, that since the last time I was a Law Officer a year-plus ago, the number has increased by 30%, as he rightly says, which is extremely impressive. The CPS has set out its priority areas under the victim transformation programme and we are going to work to those.
Emily Thornberry (Islington South and Finsbury) (Lab)
I congratulate the Attorney General on what is, this time, his permanent appointment to the role—as much as anything can be considered permanent under this Government. I genuinely hope that he will succeed in restoring to the role of Attorney General some dignity, stability and—dare I say it?—sanity. Will he start by giving me a straight answer to this crucial question: will it be possible to impose real-term spending cuts on the Crown Prosecution Service without making charge rates, court backlogs, and victim support even worse than they are now?
The Attorney General
I am grateful to the right hon. Lady for her question. As she knows, this Government have prioritised crime and the victims of crime, and we are, and always have been, the party of law and order. Whatever measures we have to take, including those we had to take when we first came in in 2010 after the appalling disaster of the previous Labour Government, we are focused on dealing with crime and the victims of crime—hence thousands more police officers now being appointed.
Chris Stephens (Glasgow South West) (SNP)
The Attorney General (Michael Ellis)
By convention, whether the Law Officers have been asked to provide advice, and the contents of any such advice, is not disclosed outside Government.
Chris Stephens
Will the Attorney General confirm whether he shares similar views to those of his predecessor, the now former Home Secretary, who recently said that she wanted to see a front page of The Telegraph with a flight to Rwanda, and that that was her dream? Surely it is time to dream another dream, and scrap the cruel, inhumane Rwanda scheme in its entirety.
The Attorney General
I cannot speak to other people’s dreams. I know the Scottish nationalists have their own dreams, which I do not think will ever be realised, because the Union of this country is what the vast majority of the people of the United Kingdom want to maintain. The convention that I mentioned is important, and I intend to respect it. It protects the ability of Law Officers, as chief legal advisers to the Government, to give full and frank legal advice.
Sara Britcliffe (Hyndburn) (Con)
Oral Answers to Questions
Michael Ellis Excerpts(3 years, 5 months ago)
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Mr Speaker
The question has been withdrawn, but I will ask the Attorney General to provide an answer, then I will call Kenny MacAskill to ask his supplementary.
The Attorney General (Michael Ellis)
In order to avoid prejudice to criminal proceedings, I may issue what is called a media advisory notice in order to inform and ensure responsible media coverage. I have launched a campaign called #thinkbeforeyoupost to promote awareness of the risks of ill-judged social media posts. It is critical that the evidence is tested before a jury—any evidence should be tested before a jury—in a court of law and not in the court of public opinion.
Kenny MacAskill (East Lothian) (Alba)
In a recent Scottish case, a High Court judge suggested that offences by a blogger were to be dealt with differently from similar breaches by mainstream media. Given that most, if not all, of the recent serious breaches have been carried out by the mainstream media, and given moreover that the press and media are evolutionary, with many of the current mainstream media once themselves having been radical outsiders supporting, for example, universal franchise, does the Attorney General agree that while bloggers rightly require to be held to account, they are equally entitled to the protections that apply to the rest of the mainstream media?
The Attorney General
Everyone is equal under the law. In general, the media are responsible and are very much aware of reporting restrictions, the limitations on reporting of active proceedings, and what reporting might amount to a contempt of court. As I said, I do issue and have issued media advisory notices where that is not happening and in exceptional cases. The hon. Gentleman’s point about bloggers and others on social media is a live one. It is right that everyone is aware that whether they have training or not, they are responsible under the law for what they post. Interfering in, prejudicing or undermining court proceedings is a serious matter and can be visited with a sentence of up to two years’ imprisonment.
Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)
The Attorney General (Michael Ellis)
The disagreement between the Charity Commission and the Royal Albert Hall is long-running and raises complex issues of charity law. The parties have been asked to try to resolve these issues without recourse to potentially costly litigation. That process is ongoing. My officials are continuing to engage with the parties to assist them in working through the contentious matters raised by this case.
Mrs Hodgson [V]
A face-value ticket for an Eric Clapton concert in May next year at the Royal Albert Hall costs £175, yet tickets are on sale on Viagogo at a 577% mark-up, at £1,185 per ticket. The seats in question are owned by a party related to a vice-president of the corporation. The Attorney General wrote to me last week to say that he wishes to
“move this matter towards a satisfactory resolution as swiftly as possible.”
Will he therefore take immediate action on this serious and clear conflict of interest at a British institution and permit the Charity Commission to take this to a tribunal?
The Attorney General
I am grateful for that elucidation, Mr Speaker. The Royal Albert Hall and the Charity Commission have been working to try to resolve the matter that the hon. Lady refers to without recourse to litigation, and I am awaiting the outcome of that process. I have instructed my officials to continue to engage with the parties that the hon. Lady refers to, to assist them in working through the complex issues raised by this case. I will say, however, that no decision has been taken on whether to consent to the referral to the Charity Commission. I will approach the matter as a neutral umpire, commensurate with my role as Attorney General and as parens patriae.
Simon Baynes (Clwyd South) (Con)
Caroline Ansell (Eastbourne) (Con)
The Attorney General (Michael Ellis)
I frequently meet criminal justice partners to discuss this important issue. The covid-19 outbreak has been felt keenly by the criminal justice system. Recovery is a priority for this Government. I have been proud of the resilience that criminal justice agencies have shown. There is still more to do, but both the CPS and the Serious Fraud Office have been commended for their efforts at this difficult time. I thank them for continuing to support the delivery of justice.
Simon Baynes
I thank the police, Wrexham and Denbighshire councils and other authorities in Clwyd South, who have done a great job during the difficult days of the pandemic. How can my right hon. and learned Friend reassure my constituents of efforts to continue to deliver justice in Clwyd South, despite the pandemic?
The Attorney General
I thank my hon. Friend for his generous question. I am proud that all criminal justice agencies have worked closely together since the covid-19 outbreak to ensure that essential justice services continue to be delivered. The CPS and the court service in north Wales have worked closely together throughout the pandemic to ensure that courts can be run safely and to maximise the flow of cases, while preserving public health. For example, domestic abuse cases in particular have been prioritised in the magistrates courts, so there are no delays or backlogs for those sensitive cases, where victims deserve our protection and support, but that goes in Clwyd South and it goes everywhere.
Caroline Ansell
I thank my right hon. and learned Friend for his answer. In Sussex, we have a backlog of over 800 Crown court cases—one case is now approaching four years without coming to court—and a rising drop-out rate. The Nightingale court in Chichester is making a real difference, but we still need greater capacity and pace. Can he assure me that every avenue is being pursued to address this backlog, so that we can ensure justice for victims in Eastbourne and in Sussex?
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.
Angela Crawley (Lanark and Hamilton East) (SNP)
With a record 60,000 cases in the backlog of Crown court cases, past UK Government austerity is closing legal aid centres and now covid is impacting significantly on access to justice. Does the Attorney General agree that the justice system is vital to keeping cases moving through the justice system, and what does he plan to do to ensure that access to legal aid is available for everyone across the UK?
The Attorney General
The hon. Member is right to raise this point. Of course, access to legal aid is very important in the administration of justice, and this Government have maintained funding for that purpose. She is also right to focus on the impact of the pandemic on the system. As I have already indicated, financial matters are being dealt with very generously by the Treasury and the Ministry of Justice. This Government have spent over a quarter of a billion pounds on recovery, as she may know, that has helped to make court buildings safe, including by rolling out new technology for virtual hearings, which of course is less expensive and less time-consuming. There is recruitment of additional staff, and there are Nightingale courts. Whether it be at one end of the criminal justice system or the other, this Government are funding the process so as to ensure speedy, safe and equal justice for all.
Sir Robert Neill (Bromley and Chislehurst) (Con)
The Attorney General rightly referred to the work of the various justice agencies in this regard. The Director of Public Prosecutions gave powerful evidence to the Justice Committee on 15 June about the pressures that the backlog places on the Crown Prosecution Service. Every case that goes to court has to be worked on by CPS staff, and he is concerned that there is a real risk, in his word, of “fatigue” with case levels running at 50% above pre-covid levels. Can we make sure we have a whole-system approach of sustained investment in the Crown Prosecution Service and the rest of the prosecution service so that staff can cope with the demands of getting back on track and having cases brought forward timeously?
The Attorney General
I thank my learned friend for his question, and he is right to make this point about the wellbeing of staff in the criminal justice system and, having had Max Hill before his Committee, in the CPS in particular. My hon. Friend will know that Her Majesty’s Crown Prosecution Service Inspectorate’s reports have praised the Crown Prosecution Service and its focus on the wellbeing of staff during this period, because they have continued to deliver essential public service. In spite of the pandemic, staff have continued to attend courts, where necessary, to enable them to fulfil their public duty. I should say that the evidence his Committee has heard is correct: the total live CPS post-charge case load is 51% higher than pre-covid, which equates to 52,000 additional cases. In the magistrates court, there is an estimated increase of 3,800 cases that will require a trial listing, and there is an increase of 11,700—70%—in the Crown courts. So he is right to think about the wellbeing of staff and the fatigue that they are naturally enduring during this time.
Mr Virendra Sharma (Ealing, Southall) (Lab) [V]
Many of my constituents who are small business owners and self-employed are struggling with unpaid invoices and bills for work and services provided, and are threatened with losing their homes. They are not eligible for national support schemes and need to rely on courts to recover their lost money. What will the Minister do to help them get justice as quickly as possible?
The Attorney General
The Government are very conscious of the pressure that businesses of all sizes—small, medium and large—have been put under by the pandemic. The hon. Gentleman is right to focus on small businesses, because losses occasioned by the pandemic and its exigencies put considerable pressure on small businesses in particular. Where they have to recover debts owed to them through the courts, the courts will process those matters, but there are prioritisations within the system. The hon. Gentleman can be assured that, to my knowledge, the Ministry of Justice is working hard to support the court process, so that all matters can be dealt with as expeditiously as possible.
Kevin Hollinrake (Thirsk and Malton) (Con)
Kerry McCarthy (Bristol East) (Lab)
The Attorney General (Michael Ellis)
I recognise the need to restore the faith of victims of these horrific cases. The recently published rape review outlines the Government’s ambition to ensure that justice is served and more cases progress through the system. The CPS is fully committed to delivering actions under the rape review, and those will result in improved joint working between police and prosecutors, to build stronger cases earlier and with less intrusion into victims’ private lives.
Kerry McCarthy [V]
The review includes setting the CPS targets of getting rape prosecutions up to 2016 levels. Labour has said that the Government should return to those levels by next year, not by the end of the next Parliament—something the Lord Chancellor said was “constitutionally illiterate.” Will the Attorney General confirm whether the Government intend to stick to those targets, or have they already U-turned on that?
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.
Mr Speaker
I am disappointed by the number of questions we have got through today. In future, I hope, we might be able to get through quite a few more. I will now suspend the House for three minutes to enable the necessary arrangements to be made for the next business.
Oral Answers to Questions
Michael Ellis Excerpts(3 years, 7 months ago)
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Rachel Hopkins (Luton South) (Lab)
The Attorney General (Michael Ellis)
The Crown Prosecution Service published an ambitious 12-month domestic abuse programme in January, which aims to help to narrow the disparity between reporting and criminal justice outcomes through a focus of co-ordinated multi-agency action and specialist support for victims. The CPS has also taken steps to increase domestic abuse prosecutions at a local level. For example, since the start of the pandemic, CPS Thames and Chiltern has increased lines of communication with police forces to ensure domestic abuse cases are appropriately prioritised.
Jessica Morden
The criminal justice system is facing unprecedented backlogs, with survivors of domestic abuse and sexual assault forced to wait more than a year for their day in court. The Queen’s Speech was an opportunity for the Government to address these failings, but it was an opportunity missed. Labour’s “Ending Violence Against Women and Girls” green paper was announced this week and is ready to go. Will the Attorney General support it?
The Attorney General
I thank the hon. Lady for her question, which focuses on an extremely important issue of domestic abuse, which is one that I and the entire Government feel strongly about. In fact, I am sure everybody in this Chamber does. It is this Government who introduced the Domestic Abuse Act 2021. In a recent case that I conducted myself in the Court of Appeal, the offender’s sentence for extremely violent domestic abuse was increased from nine years to 15 years on my application. That is how seriously we take domestic abuse, and that is how seriously it is taken in terms of punishment and the crime. The point that the hon. Lady makes is that we should prioritise domestic abuse in the criminal justice system, and I can confirm that we do that. It is a very high focus for this Government and for the criminal justice system.
Rachel Hopkins
The “Evidence led domestic abuse prosecutions” report states that
“the domestic abuse caseload for both the CPS and the police has increased by 88% against the backdrop of a 25% reduction in police and CPS funding.”
Does the Attorney General think that the current level of resourcing to tackle domestic abuse is sufficient?
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.
Angela Crawley (Lanark and Hamilton East) (SNP)
According to the Centre for Women’s Justice, one woman every week for the last two years has reported domestic abuse by their police officer spouse or partner, and every woman it spoke to said that the police had failed to investigate their case. Given the severity of these statistics, how confident is the Attorney General that the correct processes are in place in the Crown Prosecution Service to ensure that complaints involving the police are investigated objectively?
The Attorney General
Of course, the issue of the police is a matter for the Home Office, but I would say that I know the police are working very hard to prioritise and focus on these domestic abuse cases, and they do seek to achieve the very best possible results in all circumstances. There are tried and tested mechanisms for making complaints against the police, and clearly they are available to anyone who feels that a complaint would be appropriate and justified. We have worked very hard to produce the Domestic Abuse Act, which covers a number of areas that, as we have already rehearsed, will protect women and girls, and we will continue to do so.
Simon Jupp (East Devon) (Con)
Ian Levy (Blyth Valley) (Con)
The Attorney General (Michael Ellis)
I thank my hon. Friend for his question on hate crime. I have been appalled by recent examples of hate crime, which are an utter disgrace. I warn racists and antisemites alike that the Crown Prosecution Service recognises the devastating impact that hate crime has on victims and communities, and it is committed to bringing offenders to justice. That is evidenced by the continued rise in sentence uplifts. This year, increases in sentences for hate crime reached the highest rate yet of nearly 80%. Outreach has continued throughout the pandemic with a range of community organisations to increase community confidence and improve the prosecution response to hate crime.
Ian Levy
I thank my right hon. and learned Friend for his response. Recently in my constituency, the owner of the Delaval Tandoori was physically and verbally assaulted by two men. The wonderful community of Seaton Delaval has rallied around to support that family-run business in the wake of the attack, but I know they will join me in looking to my right hon. and learned Friend for his assurance that the CPS will do all it can to bring those responsible for hate crime before our courts.
The Attorney General
I thank my hon. Friend for his question. The Crown Prosecution Service will prosecute cases referred to it by the police and other law enforcement agencies, and where the test set out is met, it will prosecute those offences. Those who commit such offences must understand that their sentences have an 80% likelihood of being uplifted as a consequence of the hate element of their crime. According to one media report, we have recently seen a 600% increase in antisemitic crimes. We recognise that any form of hate crime against any group is obnoxious and antithetical to the interests of this country, and cannot be tolerated. The CPS recognises the devastating impact. Everything will be done and continues to be done to check those offences.
Mr Philip Hollobone (Kettering) (Con)
Sally-Ann Hart (Hastings and Rye) (Con)
The Attorney General (Michael Ellis)
I am pleased that inspections in both June 2020 and March 2021 found that the CPS responded well to the challenges caused by covid-19. Those inspections were by Her Majesty’s Crown Prosecution Service inspectorate. The CPS has made a significant contribution to supporting the criminal justice system during an exceptionally difficult time, working closely with partners. I am proud of prosecutors and staff who have continued to deliver their essential services, both virtually and in person where necessary, throughout the pandemic.
Laura Trott
I thank the Attorney General for his answer and for his welcome focus on domestic violence, which he demonstrated throughout this Question Time. Will he reassure me that the Crown Prosecution Service will do all it can to prioritise cases of domestic violence and sexual abuse in the backlog, as those types of cases have a higher drop-off rate the longer the delay?
The Attorney General
Yes, tackling domestic abuse, as I have been saying, is a key focus of the Government. In my hon. Friend’s constituency, the CPS south-east region, which covers her area, identifies domestic abuse cases, working with the Courts and Tribunal Service, to ensure that they can be listed before the court as a priority and that trial dates can be brought forward to avoid any unnecessary delay. She is right to focus on the issue. Work is being done in support of her point.
Catherine West
While a defendant typically has legal representation following the reporting of a rape, the victim has to wait months before an independent advocate becomes available. Even then, the independent sexual violence advocate is not permitted to go into the court to support a woman at the time she desperately needs it. First, why is there a three to six-month wait for an advocate to become available to deeply stressed individuals who have been assaulted? Secondly, will the Government undertake to review the situation in which the advocate, who is meant to support the victim, has to stay outside the courtroom? It is ridiculous!
The Attorney General
As the hon. Lady may know, a rape review is due to be published soon. Together with the police, the Crown Prosecution Service introduced an interim charging protocol in April 2020 to prioritise the most important cases, to which she is referring, through the criminal justice system. Those are high-harm cases, including rape and domestic abuse. I am proud of the CPS’s response. I am sure she recognises that the exigencies of the pandemic have affected backlogs to a significant extent in many areas of public and private life, but a huge amount is being done to ameliorate that backlog. Particular priority is being given to the sorts of cases to which she is referring.
Sally-Ann Hart
What learning will the CPS take forward from its pandemic response to increase resilience in the future?
The Attorney General
One of the things that we will be looking at is the cloud video platform. The CPSI report published recently recognised the flexibility and adaptability of the CPS in responding to the pandemic. The cloud video platform was enabling around 20,000 virtual hearings a week, and post pandemic I am sure we will be looking at that among many other things.
Jeff Smith (Manchester, Withington) (Lab) [V]
If the Government are serious about tackling the backlog of court cases, will the Attorney General explain why his colleague in the Ministry of Justice has halved the amount spent annually on recorded sitting days in the past five years, from £19 million to £9.5 million?
The Attorney General
I have actually discussed the issue of recorders very recently with the senior judiciary. The Ministry of Justice has recently arranged for an unlimited amount of sitting days—I think I am right in saying—so that the judiciary and the courts system can keep up with all the work that is going on. That is a very generous arrangement to allow the courts to make dramatic progress, and that includes recorders and the judiciary generally.
Mr David Davis (Haltemprice and Howden) (Con)
Although it is important that partner agencies in the criminal justice system do everything possible to eliminate the delays caused by covid-19, some of these problems stretch back much further than the start of the pandemic. In 2017 we reformed pre-charge bail to introduce time limits on how long suspects could be on bail before being charged. That came after the terrible treatment of some individuals, including Paul Gambaccini, who was held on bail for a year without being charged. Today, a number of people are still being bailed for a shocking length of time—years on end. I currently have a case where the National Crime Agency has kept an individual on bail for almost six years. That has ruined her life. The Government are now seeking to undo even the inadequate protections in the Police and Crime Act 2017 with the Police, Crime, Sentencing and Courts Bill. Will the Attorney General tell the House what the Government will do to protect against these injustices in coming legislation?
The Attorney General
I thank my right hon. Friend for the point he makes. He thinks of the defence position, and is right to do so, and I am very grateful to him for raising it. I recognise how distressing delays can be, both to defendants and, of course, to victims, but these have been unprecedented times.
On the case my right hon. Friend refers to, decisions on whether to impose or extend pre-charge bail are operational and are not therefore something that Ministers can interfere with, but he makes a powerful point. It is right that those decisions are independent of Government, and it is important to note that the length of pre-charge bail is separate from the length of the investigation. There may be particular circumstances that cause concomitant delays in individual cases that are outwith my immediate knowledge or ability to intervene, and nor would it be appropriate for me to do so, but I recognise the point he makes. If he wishes to write to me about that individual case, we can certainly forward it to the relevant authority.
Mr Speaker
I now suspend the House for three minutes to enable the necessary arrangements for the next business to be made.
Oral Answers to Questions
Michael Ellis Excerpts(3 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Miss Sarah Dines (Derbyshire Dales) (Con)
The Attorney General (Michael Ellis)
Thank you very much, Mr Speaker. The Crown Prosecution Service complex casework units undertake some of the most complex and serious casework handled by the CPS. A recent report published by the Crown Prosecution Service Inspectorate has found that CPS complex casework units are staffed by highly dedicated, skilled and professional teams who deliver high-quality casework, often in demanding circumstances and at short notice.
Miss Dines [V]
I thank the Attorney General for his answer. What is the Crown Prosecution Service doing to tackle serious crimes such as drug dealing in my Derbyshire constituency?
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.
Sir Robert Neill (Bromley and Chislehurst) (Con) [V]
I, too, welcome the Attorney General to his place and the Solicitor General in returning to her role as well. I know that the Committee will look forward to constructive engagement with both of them.
The Attorney General will know that there is particular concern about the backlog that exists in complex cases because of the difficulty in finding courtrooms, in the current circumstances, that have the capacity to try multi-handed, lengthy cases, particularly where people are in custody. Most of those are complex matters, and they are likely to grow. What discussions is he having with the Lord Chancellor, and with Her Majesty’s Courts and Tribunals Service and the judiciary more broadly, to find means by which capacity can be expanded and cases of this important kind can be brought to trial more swiftly, as much as is practically possible?
The Attorney General
I thank my hon. Friend for that question and for the work he does as Chair of the Select Committee on Justice. I am pleased that the CPS is doing all it can, as it should, along with all the other parts of the criminal justice system, to clear the backlog, which has accumulated, in large part, as a consequence of this pandemic. More staff have been hired by the CPS, thanks to an £85 million cash injection in 2019 from the Government and another £23 million last year from the Government also to support the CPS. However, he is right to highlight this point. I regularly meet people from across the criminal justice system to work on this issue of clearing the backlog as effectively and efficiently as possible.
Kenny MacAskill (East Lothian) (SNP)
The Attorney General (Michael Ellis)
Any request for my advice is subject to the Law Officers’ convention, but I must make it clear that the UK prides itself on its leadership within the international system and that it discharges its international obligations in good faith. I also point out that the Solicitor General, whom I very much welcome to her place, attends the Parliamentary Business and Legislation Committee, which scrutinises all the Government’s legislation before it reaches Parliament.
Kenny MacAskill [V]
All are equal before the eyes of the law, and that includes those coming here seeking asylum. Why then are we using military camps, which are entirely unacceptable at the best of times and most certainly during a pandemic? Rather than seeking to copy Australia and transport asylum seekers abroad, is it not time that this Government accepted that refugees have rights and that the Attorney General took action to ensure that the Government adhered to their responsibilities?
The Attorney General
Frankly, as the Home Office has made quite clear, the UK is a world leader in resettlement, so I do not recognise the point that the hon. Gentleman makes. If one looks at the actual figures, one sees that we have resettled nearly 30,000 people in the past five years, which is more than any other country in Europe. As for the use of former military barracks, if Her Majesty’s armed forces personnel can be housed appropriately in those barracks, there is no reason why anyone else cannot be. We adhere to our international and national obligations. This country is extremely open and generous in these matters. As I have said, we are the most open in Europe in terms of resettlement.
Angela Crawley (Lanark and Hamilton East) (SNP) [V]
Reports in the press this morning indicate that the Home Secretary plans to send asylum seekers coming across the channel offshore, thousands of miles away, to have their claims processed. May I welcome the Attorney General to his place and ask him whether he has been consulted on the legality of these proposals yet? Can he reveal which countries his Government are doing this reprehensible deal with, given that this would be relevant to the legality of the proposals?
The Attorney General
I thank the hon. Lady for her question, but I am afraid that I cannot discuss what advice I give in other Departments and I cannot comment on legislation that the Government have not presented to Parliament. What I can say is this: the Government’s position is that refugees should claim asylum in the first safe country in which they find themselves. That is an international understanding, and European countries through which they have travelled to board boats to the UK, such as France, are of course manifestly safe.
Duncan Baker (North Norfolk) (Con)
The Attorney General (Michael Ellis)
The Crown Prosecution Service and the police are working closely throughout the country to protect against the threats of county lines drug dealing and safeguard vulnerable victims in Norfolk. CPS East of England successfully prosecuted 26 cases between November 2019 and September 2020, securing sentences of up to seven years, and specialist training is offered to CPS prosecutors who undertake county lines work and prosecutions. The Government’s serious violence strategy details the range of actions being taken to tackle the impact of county lines.
Duncan Baker [V]
I am grateful to the Attorney General for his response. My local police force in Norfolk has one of the best and most robust responses to tackling county lines drug dealing in the country and has made thousands of arrests to deal with the problem over the years. Does my right hon. and learned Friend agree that the message is clear: “Come to Norfolk to deal drugs and you will be targeted, arrested and jailed”?
The Attorney General
I commend my hon. Friend for making that point, and he is absolutely right. I thank him for his support for the prosecution of these odious offenders and offences. My hon. Friend clearly recognises, on behalf of his constituents, the challenges of county lines investigations, which can be complicated and onerous. The CPS intends to carry out a review of its ongoing work, including its effectiveness in prosecuting county lines offending this year. My hon. Friend is absolutely right to highlight the work in Norfolk, as I did a moment ago, and I reiterate my thanks for his support.
Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
Bill Esterson (Sefton Central) (Lab)
The Attorney General (Michael Ellis)
The Crown Prosecution Service continues to work with police and law enforcement agencies to prosecute modern slavery cases. Early engagement among prosecutors and investigators is central to a successful prosecution. When requested, the CPS will provide early investigative advice in such challenging cases to enable robust cases to be built. I should point out that the CPS now charges more than 75% of cases referred to it by the police.
Mr Dhesi
Shockingly, more than 19,000 human trafficking and slavery crimes have been left unsolved since the passing of the Modern Slavery Act 2015, with suspects having faced action in fewer than one in 20 cases. Even though the volume of offences has increased every single year since 2015, under this Conservative Government the prosecution levels for modern slavery charges have fallen abysmally. Will the Attorney General tell us how he intends to reverse this worrying trend, which has happened under this Government’s watch?
The Attorney General
Actually, it was this Conservative Government—under the former Prime Minister, my right hon. Friend the Member for Maidenhead (Mrs May)—who passed the Modern Slavery Act. The hon. Gentleman will know that the Government have rightly focused enormous efforts on tackling this problem. The Crown Prosecution Service, for which I have superintendence responsibilities, prosecutes all cases that meet its appropriate guidelines, once the police have referred them to the CPS. All CPS areas have an appointed a modern slavery lead, who is dedicated to this matter and attends regular meetings with their local police force lead to try to work through the issue, secure safeguarding board involvement and review performance data. In other words, there is cross-work among the police, the Crown Prosecution Service and others to secure as many prosecutions and charges for this odious offence as possible.
Bill Esterson [V]
The Government have been buying personal protective equipment from Brightway Holding, a company that is being investigated by the Malaysian Government for engaging in modern slavery. Workers are forced to live in squalid conditions and have to work 12 hours a day for up to 29 days without a rest. I heard what the Attorney General said about his commitment to enforcing the Modern Slavery Act in respect of supply chains in the private sector; will he now confirm that the Government will set an example and eradicate modern slavery, including the appalling example that I just described, from their own procurement practices?
The Attorney General
I do not recognise the point that the hon. Gentleman makes. What he ought to do, if I may respectfully suggest it, is to look at what this Government have done. It is on the record that the Government are achieving those issues that we have been discussing, namely: an increase in available criminal offences; an increase in the means by which to prosecute; and more resources to the police and the Crown Prosecution Service in order to achieve the prosecutions. The Government are highly focused on that. If he wishes to write to me about the contract, we will refer it to the appropriate place.
Saqib Bhatti (Meriden) (Con)
Stephen Morgan (Portsmouth South) (Lab)
The Attorney General (Michael Ellis)
The need to effectively tackle violence against women and girls has been brought into sharp relief, as the hon. Lady and this House knows, in recent days. I would like to reassure her that this Government take tackling domestic abuse extremely seriously, as shown by the introduction of the landmark Domestic Abuse Bill. The CPS is working hard to deliver justice in this area, working to protect the public, and has recently published an ambitious 12-month domestic abuse programme to help narrow the disparity between reporting and criminal justice outcomes.
Gill Furniss
In 2020, domestic abuse-related crime surged by 9%, but referrals to the CPS fell by 19%. We know that the CPS is under enormous pressure to clear the backlog caused by covid-19. Will the Attorney General commit to provide the necessary resources to ensure that all victims who report domestic abuse crimes receive the justice they deserve as swiftly as possible?
The Attorney General
We will do everything we can to facilitate that. The reality, of course, is that the CPS can only deal with cases that are referred to it. That is an issue that needs to be addressed by the hon. Lady, but, as I have said, the Government have already introduced the Domestic Abuse Bill to Parliament, which is a landmark and generationally important. That is a signal, just one of many signals, of how important we consider this area to be, and the Crown Prosecution Service will continue to focus on it.
Stephen Morgan [V]
We know that domestic abuse complaints have rocketed during lockdown while prosecutions have collapsed. My constituents are concerned about that and are taking action with Charlotte Gerada and Kirsty Mellor, encouraging Portsmouth City Council to commit to the white ribbon pledge. What specific actions is the Attorney General taking to ensure that domestic abuse prosecutions do not follow the disastrous collapse of CPS rape prosecutions that we have seen in recent years?
The Attorney General
I again point out that the number of rape prosecutions by the CPS has increased to 65% of all of those rape cases referred to it. That number is an increase on just under 50% some time ago. None the less, the hon. Gentleman makes a perfectly reasonable point about domestic abuse. The Government are working on this area, as I have alluded to, with the Domestic Abuse Bill. There is also a call for evidence, which will inform our upcoming Violence Against Women and Girls strategy. That call for evidence has recently had tens of thousands of new people emailing and writing in. I encourage anyone listening to take part in that before it closes We will look at those responses very carefully and see what else we can do.
James Grundy (Leigh) (Con)
Simon Baynes (Clwyd South) (Con)
The Attorney General (Michael Ellis)
It is essential, particularly during this pandemic, to ensure that members of the public have a good understanding of the law. I am proud, therefore, that my Department supported Justice Week, which took place in the first week of March, and I am incredibly grateful to the many members of the legal sector who ran and contributed to online initiatives during that week. It makes me proud to be one of the Government’s pro bono champions.
Simon Baynes [V]
As coronavirus restrictions are relaxed, are there practical ways in which my right hon. and learned Friend can help reduce the confusion between Welsh and English covid laws for my constituents in Clwyd South, on the border with England?
The Attorney General
It is important, of course, that everyone around this United Kingdom, and especially my hon. Friend’s constituents in Clwyd South, understands and follows the law and guidance as regards the covid-19 regulations to keep the country safe. Through the information that is available on the gov.uk website, and the Government’s advertising and announcements, the law in England has been made clear to the public. It is really important that the devolved Administration in Wales make their laws and guidance clear to people in Wales. The Government continue to seek a co-ordinated approach across the UK where appropriate.
Mr Speaker
I am now suspending the House to enable the necessary arrangements for the start of the next business.
Oral Answers to Questions
Michael Ellis Excerpts(3 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Solicitor General (Michael Ellis)
The Crown Prosecution Service offers a range of apprenticeships across the legal, human resources, finance, project management, leadership and management professions and has launched a flagship solicitor apprenticeship. The CPS has consistently exceeded the Government’s apprenticeship target. It currently employs 287 apprentices and a further 94 are about to enrol on a programme. This year, the CPS will also launch a pilot programme recruiting apprentices from low socioeconomic backgrounds to meet its diversifying law agenda.
Robert Largan [V]
I am grateful for that answer. It is encouraging to hear that the Crown Prosecution Service is offering lots of apprenticeships. However, it is really important that those opportunities are based not just in London but across the whole country, so I ask the Minister: what apprenticeships are being offered in places such as the High Peak?
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.
Martin Vickers (Cleethorpes) (Con)
The Solicitor General (Michael Ellis)
The unduly lenient sentence scheme is a vital safeguard in our criminal justice system. It permits me to intervene personally in a case where I consider that a sentencing judge has fallen into a gross error and imposed a sentence that is outside the reasonable range. Sentencing judges do get it right the vast majority of the time, but in those rare cases where they get it wrong, this is a very good scheme that ensures that justice is served.
Martin Vickers [V]
I thank the Minister for his reply, but it is my constituents’ view and, I think, the view of constituents up and down the country that too many sentences are too lenient. Do the Law Officers and the Government have any plans to ensure that sentences are at a level that ensures public confidence in the judicial process?
The Solicitor General
I know that my hon. Friend speaks for his constituents and always has done. It is right to say, though, that our judiciary is admired around the world for its impartiality, intelligence, independence and intellectual rigour. It is of essential importance to the rule of law. I can, therefore, reassure my hon. Friend, and reiterate to him that it is rare for judges to get sentencing wrong. It is, of course, important that sentences reflect the seriousness of offending, and I have gone to court myself on several occasions to seek referral of sentences where we have felt they have been too low. However, generally speaking, he will find that sentences meet the gravamen of the crimes.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
The Solicitor General (Michael Ellis)
I regularly meet the director of the Serious Fraud Office and her senior leadership team to discuss the SFO’s progress in tackling the top level of serious and complex fraud, bribery and corruption. The SFO takes on some of the most complex and difficult cases, and it has delivered significant successes. From 2016-17 to 2019-20, the SFO’s successful judicial outcomes rate was 95% by case and 62% by defendant. To date in this financial year, the SFO has agreed two deferred prosecution agreements, making a contribution to Her Majesty’s Treasury thereby of over £44 million, including its costs, demonstrating significant value for money.
Mr Sheerman [V]
May I remind the Minister that many people believe that the Serious Fraud Office is seriously underfunded and under-resourced? It has just abandoned its inquiry into British American Tobacco. It is not able to take on the big boys and girls that cause the real trouble here, including serious financial misdeeds. When is he going to start again, look at the Serious Fraud Office, and give it the resources it needs to go after these real problems?
The Solicitor General
I thank the hon. Gentleman for the interest he takes in the Crown Prosecution Service, and the Serious Fraud Office in particular. I know that he has a history of doing so, and we are grateful for it.
The reality is that the SFO has proper funding. The Attorney General and I meet the leaders of the Serious Fraud Office on a regular basis, and they know that this Government support them in what they do. They have, after all, obtained guilty pleas for bribery offences in the Petrofac case. The hon. Gentleman mentioned one other matter, but the reality is that they have secured convictions and guilty pleas in the Unaoil case, and agreed deferred prosecution agreements with Airbus and Airline Services. In a whole litany of cases they have secured very good results. Although I appreciate the hon. Gentleman’s point that there are always more resources that could be utilised, we will continue to support the Serious Fraud Office in its very good work.
Sir Robert Neill (Bromley and Chislehurst) (Con) [V]
May I start by asking the Solicitor General to convey to my right hon. and learned Friend the Attorney General the good wishes of myself and the members of the Select Committee on Justice, as I know she is due to start her maternity leave before we have the next session of questions to the Law Officers?
Does the Solicitor General recognise that it is not just a matter of resources? Both the current and previous directors of the Serious Fraud Office have pointed out that they are handicapped in dealing with some of the most significant corporate crime, because the United Kingdom’s law on corporate criminal responsibility—in particular, the need to identify those who are the “directing mind” of the company—does not reflect well modern corporate practice. Will he confirm that there will be swift action once the Law Commission, which the Government have asked to look at this matter, reports at the end of the year, so that we come up to speed and be able to tackle serious corporate crime more effectively, in much the same way as the United States can because it has a more modern and effective legal test?
The Solicitor General
I thank my hon. Friend, the Chair of the Justice Committee, for his remarks. I will convey his remarks—in fact, I know my right hon. and learned Friend the Attorney General will have heard them—wishing her well.
As far as the ability of the Serious Fraud Office to prosecute matters is concerned, as my hon. Friend knows, these issues are kept under constant review. They are very complex cases, and it is right that the law must keep up with issues at hand to enable the Serious Fraud Office and, where appropriate, the Crown Prosecution Service to conduct those services effectively. Those matters are always kept under close review.
Nicola Richards (West Bromwich East) (Con)
Damien Moore (Southport) (Con)
The Solicitor General (Michael Ellis)
I have heard directly from members of both my pro bono committee and the Public Legal Education Committee on the impact of the pandemic on their work. I know that the legal profession has continued valiantly to undertake pro bono work throughout this crisis, and I would like to restate my gratitude to all those who have volunteered their time and experience during this difficult time. It makes me proud to be one of the Government’s pro bono champions.
Damien Moore [V]
May I ask my right hon. and learned Friend how my constituents can feel confident that they can still access the pro bono support they need, despite the pandemic?
The Solicitor General
My hon. Friend asks a good question, and his constituents should feel confident. I was heartened to hear of the overwhelming number of legal professionals across the country who have stepped forward to offer assistance during the pandemic. It is a true testament to the very nature of pro bono; as a tool, it is there to give back and help those most in need. I heard from members of my pro bono committee in September about the impact of the pandemic on their services, and the resilience and flexibility that they have shown in the face of such adversity is very impressive and much appreciated.
Jessica Morden (Newport East) (Lab)
The Solicitor General (Michael Ellis)
The Government take tackling domestic abuse extremely seriously, as shown, of course, by the introduction of the landmark Domestic Abuse Bill. I am absolutely committed to ensuring that justice is delivered in such cases. In fact, I personally successfully presented the first unduly lenient sentence case of its kind at the Court of Appeal last year on coercive and controlling behaviour. The CPS is working hard to deliver justice and protect the public, and has recently published an ambitious 12-month domestic abuse programme to help narrow the disparity between the reporting of these offences and criminal justice outcomes.
Jessica Morden [V]
About a fifth of crimes reported in lockdown have involved domestic abuse, and there is real concern that the number of specialist domestic violence courts seems to be reducing. Will the Minister commit to strengthen the system and increase the number of specialised courts, so that we can support the hard work of the police and support victims at trial?
The Solicitor General
That is a very good question. We are always looking at ways in which we can support those engaged in this important work. The Government have recently announced several funding packages linked to domestic abuse, including funding to deal with the effects of the covid-19 pandemic on domestic abuse. During the pandemic, the CPS has continued to prioritise domestic abuse cases. In addition to the interim charging protocol, a memorandum of understanding on the subject of domestic abuse was agreed in June across the whole criminal justice system. It supports multi-agency pre-hearing case progression for domestic abuse cases that are listed for trial.
Alex Cunningham [V]
Despite what the Minister says, domestic abuse prosecutions continue to plummet. They had already fallen off the cliff edge before the pandemic hit the justice system, with an annual decrease of some 22% in the year up to March 2020. Will he tell me what pre-emptive action is being taken now to stop this freefall and maintain the confidence of the victims of these deplorable crimes?
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.
Mr Speaker
Order. I am now suspending the House for three minutes to enable the necessary arrangements for the next business to be made.
Oral Answers to Questions
Michael Ellis Excerpts(4 years ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Martyn Day (Linlithgow and East Falkirk) (SNP)
The Solicitor General (Michael Ellis)
The CPS is committed to prosecuting immigration crime to protect UK borders, and, in particular, to bring to justice those who exploit and facilitate the entry of illegal migrants. The CPS has clear and published policy guidance on the prosecution of immigration offences that reflects the memorandum of understanding agreed between the CPS and Home Office Immigration Enforcement.
Martyn Day [V]
The offence of facilitating unlawful immigration has previously been used, quite rightly, to tackle smuggling gangs and traffickers, but in recent months the Crown Prosecution Service has started prosecuting refugees crossing the channel simply because they were the unlucky ones forced to steer the boat. As the chief inspector of borders has made clear, these people are victims of the gangs—they are not gang members—so why are they being prosecuted and put in prison, contrary to the spirit of UN protocols and the published CPS guidance?
The Solicitor General
The CPS has not changed its policy on prosecuting immigration offences. The joint approach between the CPS and Immigration Enforcement is to consider prosecution for anyone who has been involved in organising and planning these journeys—I emphasise, the organising and planning—together with those responsible for controlling the vessels. As always, every case has to be considered on its merits and on the facts, and decisions must be in line with the code in the usual way. Prosecutors have to be satisfied about that, and prosecutors understand their obligations.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
The Solicitor General referred to prosecuting the people who control the vessels, but they are, as my hon. Friend the Member for Linlithgow and East Falkirk (Martyn Day) said, the victims of these gangs—not members of the gangs—so there has been a change in CPS policy and practice. If he wants to prove me wrong on that, will he publish the new note or guidance on this offence that I understand was issued to CPS lawyers last month, and will he also publish details of any representations made by the Home Office in the last 18 months in relation to this offence?
The Solicitor General
As I say, the policy is clear on prosecutors’ obligations. They have obligations—the obligations that we have under article 31 of the refugee convention—and it is well to point out that those obligations are actually enshrined in our domestic legislation, here in this honourable House. The domestic legislation in section 31 of the Immigration and Asylum Act 1999 is quite clear in this area. Those who facilitate, control and engineer these offences are subject to prosecution.
Mr Philip Hollobone (Kettering) (Con)
Jerome Mayhew (Broadland) (Con)
The Solicitor General (Michael Ellis)
The Government are investing across the justice system, with a further £23 million for the CPS, on top of £85 million invested over the past two years. That investment will enable the CPS to respond effectively to the increase in caseload that we expect; we are recruiting 20,000 new police officers. That will strengthen our response to things like rape and serious sexual offences.
Investing in the CPS demonstrates this Government’s commitment to securing justice for victims of crime. I am pleased to say that funding will support the recruitment of new roles across England and Wales, including in CPS East Midlands, which covers Northamptonshire—both my county and my hon. Friend’s county.
Mr Hollobone
Advocates for defendants at Northampton Crown court are regularly using the fact that their client has waited so long for justice during the pandemic as mitigation when seeking a lesser sentence from the judge. How is the Crown Prosecution Service countering such pleas so that convicted criminals receive the tougher sentences that the public want to see?
The Solicitor General
I am grateful to my hon. Friend for mentioning Northampton Crown court, at which I appeared for many years, both prosecuting and defending. Sentencing is a matter for the courts. The CPS prosecutors will assist the courts when it comes to sentencing to ensure that all relevant factors are brought to the court’s attention when considering a sentence.
Courts do have to have regard to guidance that the Sentencing Council publishes on sentencing principles, including during the covid pandemic. That includes advice that each case must be considered on its own facts. The court has an obligation—my hon. Friend is right to raise this—to protect the public and victims of crime, and sentencing by our judiciary is actually very robust. It is right, though, that judges hear mitigating features as well as aggravating features. They do that, and they sentence accordingly.
Jerome Mayhew
The Government should be commended for bringing down the number of outstanding Crown court cases, prior to covid, to a 10-year low, but of course the social distancing requirements of covid have changed the situation. Is the Crown court system now keeping up with the current inflow of cases? If not, how are the Government going to get a handle on the backlog?
The Solicitor General
I thank my hon. Friend for his question, which is well made. We have unlocked vital capacity by opening 16 so-called Nightingale courts to provide 29 extra courtrooms, 10 of which are being used for non-custodial types of cases and jury trials. We are continuing to open more Nightingale courts. We are spending £110 million on a range of emergency measures to help courts to tackle the impact of covid-19. We have recruited 1,600 additional staff, who are using the cloud video platform, and that continues to increase: virtual hearings are taking place more than ever. That has now been rolled out to over 150 magistrates courts and about 70 Crown courts. A lot of work is being done to increase capacity, but my hon. Friend is very right to raise this.
Tony Lloyd (Rochdale) (Lab)
Catherine West (Hornsey and Wood Green) (Lab)
The Solicitor General (Michael Ellis)
The CPS is determined to bring perpetrators of domestic abuse to justice and provide protection for victims in spite of the pandemic. I have personally presented cases in the Court of Appeal where I have felt that sentences were too low in this area of law. Following the £85 million uplift awarded last year, CPS recruitment has continued to boost our resources and ensure that cases progress through the courts.
Catherine West
The Solicitor General will be aware of the 88% increase in case load and the 23% drop in resources to deal with that. What urgency can he inject to deal with this burning issue?
The Solicitor General
The hon. Member is right: it is a burning issue and a very important one. Domestic abuse cases are among our highest priorities in the court system, being dealt with by the criminal justice system. They continued to be afforded a higher priority as social distancing restrictions were eased. That was reinforced in guidance for judges about listing in magistrates courts issued by the senior presiding judge for England and Wales, and the CPS is working across Government. We are at one on this. We recognise it as a priority. Domestic abuse cases are appalling, and they remain among our highest priorities.
Andrea Leadsom (South Northamptonshire) (Con)
My right hon. and learned Friend will be aware that up to 30% of domestic violence starts during pregnancy, so can he tell me what the CPS is doing to protect vulnerable babies from that toxic environment, which has such a profoundly damaging impact on their lifelong potential?
The Solicitor General
I am full of admiration for the work that my right hon. Friend does in this area. She is a powerful and committed advocate for this cause. She is undertaking some work for the Prime Minister, which I know the Government are eagerly awaiting. Tackling domestic abuse and supporting victims is a key priority for this Government, now more than ever. The Domestic Abuse Bill and the wider action plan will help to protect and support victims and their children. All NHS staff must undertake mandatory safeguarding training nowadays, which includes a focus on domestic abuse, so that they can pick it up. The new “Working Together to Safeguard Children” arrangements help to strengthen the multi-agency approach of partnership and collaborative working.
Mrs Pauline Latham (Mid Derbyshire) (Con)
The Solicitor General (Michael Ellis)
The Court of Appeal has this month increased sentences referred by me for a range of offending. Those have included the supply of drugs in one of Her Majesty’s prisons, the possession of firearms, and the rape of a victim who was asleep combined with the making of indecent images and recordings.
Mrs Latham
Does my right hon. and learned Friend agree that the purposes of sentencing include public protection as well as punishment, and that is important for the unduly lenient sentence scheme?
The Solicitor General
My hon. Friend is entirely right about public protection. It is one reason why, exceptionally, I will refer a case involving a dangerous offender, for example. In two separate cases this year—one involving a stabbing, and the other involving rape, where both the victims were lone females—the offenders had their original sentences extended following my reference to the Court of Appeal to properly reflect the dangerousness of their offending. She is quite right to highlight this point, and that work will continue.
Mr Speaker
In order to allow the safe exit of Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for a few minutes.
Oral Answers to Questions
Michael Ellis Excerpts(4 years, 1 month ago)
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Laura Farris (Newbury) (Con)
The Solicitor General (Michael Ellis)
We and the Crown Prosecution Service are working tirelessly with criminal justice partners to improve the handling of these sensitive cases. Over the last four quarters, we have seen the charging and conviction rates in rape cases continue to increase. This year, the CPS published its own rape strategy, updated rape legal guidance and training, is actively engaging in the Government rape review and will shortly be publishing a joint action plan on rape with the police.
Cat Smith
The Solicitor General will know that rape prosecutions in England and Wales are now at the lowest ever levels. I suspect he shares the lack of surprise I felt when I learned that just one in seven rape survivors will ever see the justice system deliver justice for them. Can he confirm when the end-to-end rape review will be published by his Government?
The Solicitor General
I am very grateful for the hon. Member’s question because it highlights what we know and accept around the House is an important issue. Driving up rape prosecutions continues to be a major focus for the Attorney General’s Office and the Crown Prosecution Service, as work progresses to reverse this negative trend. We have actually seen the proportion of suspects charged with rape slowly increasing and we have also seen a continued increase in the volume of suspects charged, but I accept the thrust of her point, which is that there is more work to do. More work is being done, and as soon as these reports are ready, they will be published.
Laura Farris [V]
I welcome the recent announcements from the CPS and the guidance it has published to improve rape prosecution rates, particularly in relation to modern dating apps and selfies. However, the rape review published by the Victims’ Commissioner revealed that a large number of women are still reluctant to report rape in the first instance, because of an enduring concern that they will not be believed by the police when they do so. Can my right hon. and learned Friend confirm what steps he is taking to ensure that the support and the structures exist so that women who come forward can have confidence that there is a reasonable prospect of securing a conviction?
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.
Ian Paisley (North Antrim) (DUP)
It has been a year and a half since the publication of the Gillen review into serious sexual offences and how they are prosecuted through the courts in Northern Ireland, and the Solicitor General’s office has taken a considerable interest in that, until the re-establishment of devolved institutions in Northern Ireland. It will now be another year before legislative changes are tabled in the Northern Ireland Assembly to deal with that review, which quite frankly is not acceptable. What can be done in this place to expedite those necessary changes and ensure that victims get fairness and equal British justice across all the United Kingdom?
The Solicitor General
As usual, the hon. Gentleman stands up for the people of Northern Ireland, and he is right to focus on that issue. I will make inquiries with the Northern Ireland Office and see how that matter is progressing, but he will acknowledge that there are no doubt legislative pressures, and that these things do take time. I assure him, however, that every effort will be made to liaise, and where possible to assist, in the furtherance of this matter.
Nicola Richards (West Bromwich East) (Con)
The Solicitor General (Michael Ellis)
I recognise the devastating impact that hate crimes have on victims and communities, and the CPS is committed to bringing offenders to justice. Training for prosecutors draws on input from key community groups, helping to improve the prosecution response to hate crime. In the 12 months to the end of June this year, the proportion of convictions for hate crime with a recorded sentence uplift increased to 78.4%, which is the highest rate yet.
Nicola Richards
Having heard directly from victims of hate crime in the west midlands, during a virtual session hosted by our candidate for police and crime commissioner, Jay Singh-Sohal, it is obvious that we need to do more to support victims of that appalling type of crime, through all stages of the judicial process. Will my right hon. and learned Friend commit to working with the CPS, and police across the country, to ensure that hate crime victims feel able to come forward and report incidents in the first place?
The Solicitor General
I thank my hon. Friend for her work with the Holocaust Educational Trust and on tackling antisemitism. I visited the CPS East of England yesterday, and heard about its great work on tackling hate crime. The CPS works closely around the country with members of the community, to ensure that the approach to hate crime prosecutions is sensitive and provides sufficient support to victims. For example, the CPS recently met key groups that represent the Jewish community, including the Community Security Trust, to discuss work on antisemitism. It also recently delivered a webinar on its approach to hate crime to an audience invited by the Chinese Welfare Trust and the Covid-19 anti-racism group, both of which support the Chinese and south-east Asian communities.
Geraint Davies (Swansea West) (Lab/Co-op)