Oral Answers to Questions

Oliver Heald Excerpts

Wednesday 26th November 2014 Commons Chamber

[The Prime Minister]

I have studied the report carefully, and it says that the rise in adult poverty outlined by the report occurred on Labour’s watch. Since the election, we have seen 600,000 fewer people in relative poverty, 670,000 fewer workless households, and 300,000 fewer children in poverty. The other point about the report—I am sure the House will want to hear this—is that it covers only the income figures up to April 2013. It says:

“since the middle of last year, there have been huge increases in employment, which will surely impact on incomes and risks of poverty.”

That is absolutely right.

[Sir Oliver Heald (North East Hertfordshire) (Con)]

Q3. In my constituency, we are very proud of local boy, Lewis Hamilton. Will the Prime Minister join me in congratulating Lewis, Ross Brawn, who helped to design the car, and Mercedes? Does he agree that the British motor racing industry not only gives us a lot of entertainment, it also gives us jobs, engineering skills and British business success?

[The Prime Minister]

I certainly join my hon. and learned Friend in praising Lewis Hamilton. He is a young man with nerves of steel and huge ability, and he made everyone in our country proud. But my hon. and learned Friend is right: we should not just be proud of the drivers; we should be proud of the industry. All 19 of the Formula 1 races last year were won by British-built cars. This is an enormous industry for our country. There are 43,000 people employed in Oxfordshire alone in this industry. It is also worth remembering that it is not just Formula 1. I had a reception at No. 10 Downing street for the whole motorsport industry, and it is important to remember that that goes all the way from go-karting up to Formula 1, and Lewis Hamilton started off in a go-kart.

Oral Answers to Questions

Oliver Heald Excerpts

Tuesday 8th July 2014 Commons Chamber

[Bridget Phillipson (Houghton and Sunderland South) (Lab)]

4. What steps he plans to take to ensure that child abuse offences are prosecuted successfully.

[The Solicitor-General (Oliver Heald)]

The Crown Prosecution Service prosecutes child abuse cases robustly. In 2013-14, the number of such prosecutions rose by 440 to 7,998, with a conviction rate of 76.2%. Steps to prosecute the cases include piloting pre-recorded cross-examination of children, prioritising cases involving children aged 10 and under, and applying a new approach to child sexual abuse cases generally.

[Bridget Phillipson]

I am grateful for that answer. The Director of Public Prosecutions recently announced a series of measures regarding cases of rape because of the decline in referrals from the police to the CPS. Will such measures be considered in cases of child sex abuse, given that there has been a decline in referrals of such cases from the police to the CPS since 2010-11?

[The Solicitor-General]

The emerging evidence is that the referrals are beginning to increase, which is good news. However, there are new guidelines, issued last October, for child sex abuse cases, which provide that there should be specialist prosecutors; a focus on the allegation, not the victim: early third-party material; and a challenging of myths and stereotypes.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

Given that historic child abuse cases are being revisited because there is a chance of successful prosecution, can the Solicitor-General clarify the policy of his office and of the CPS on the destruction of documents, and what has been the policy over the years?

[The Solicitor-General]

As my right hon. Friend will know, the Home Secretary announced yesterday an inquiry that will look into the way in which paedophilia and institutions have operated. A separate inquiry, which he knows about, is looking into the documents and dossiers, including those of my former hon. Friend Geoffrey Dickens. A lot of work is being done to discover the history. As far as the present situation is concerned, the Government are for maximum security and care in looking after documents and want to see transparency in everything they do.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

May I press the Solicitor-General on that answer? He is aware that there is acute public concern at the suggestion that Government Departments, particularly the Home Office but also the Director of Public Prosecutions, failed to act on a series of child abuse allegations brought to their attention by the late Geoffrey Dickens MP. It has been reported that although documents outlined in those allegations were presented to the DPP in 1983, the CPS can no longer locate them. The Home Secretary has instigated an inquiry, but perhaps the Solicitor-General can clarify a couple of matters now.

What is CPS policy on document retention from the DPP’s office in the early 1980s, and does the apparent disappearance of the documents suggest that an exception was made to that policy, or was it breached? What explanation has the Solicitor-General received about the absence of the files? What steps has the CPS taken to try to recover the documents, and can he say what action, if any, was taken regarding the allegations by the DPP or the CPS in 1983 or at any time thereafter?

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[Mr Speaker]

Indeed, but this can be dealt with now. What I was gently, diplomatically, politely suggesting to the hon. Lady was that one question ordinarily suffices, and it is not necessary to have five in one go.

[The Solicitor-General]

I do not think I will be able to answer all those questions, but I will certainly write to the hon. Lady when I have reflected on all the detailed points she made.

I want to make the point that the sort of decisions made in 1970 or 1998 occurred under a very different approach from the courts. I think the hon. Lady would accept that since that time the maximum sentences for indecent assault have been increased; the way in which corroboration is dealt with by the courts has changed; and the ways in which character evidence and historical allegations are looked at have changed. For now, I would say that in the current situation the Crown Prosecution Service makes the prosecution of these cases a top priority, and there are new guidelines and all the sorts of approaches I have already mentioned. We are living in a very different world, but I will write to her on the detailed points.

[Mr Speaker]

If lawyers were paid by the word, they would be multi-millionaires by now. I would like to get through a bit more, preferably with the co-operation of the hon. Member for Somerton and Frome (Mr Heath), in the form of an exceptionally pithy question.

[Mr David Heath (Somerton and Frome) (LD)]

Will Law Officers take every available step to ensure that public servants and former public servants are not prevented, by terms of severance agreements or the Official Secrets Act, from providing information on which the inquiry is contingent?

[The Solicitor-General]

As the Home Secretary said yesterday, it is the Government’s intention to have a transparent inquiry, and the Attorney-General’s office stands ready to support that.

[Nic Dakin (Scunthorpe) (Lab)]

6. What steps he is taking to ensure that offences against bribery laws are prosecuted successfully.

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[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

7. What recent estimate he has made of the total value of criminal assets subject to Serious Fraud Office confiscation orders that are hidden overseas.

[The Solicitor-General (Oliver Heald)]

The Serious Fraud Office estimates that, as at today, approximately £32.1 million of criminal assets subject to confiscation orders in SFO cases are hidden overseas. Sophisticated criminals often transfer their assets to other jurisdictions and misuse legal ownership structures to make recovery difficult, but since 2009 the SFO has managed to recover £76 million for victims of crime.

[Cathy Jamieson]

Given the amount of money criminals have hidden overseas that is owed to the SFO, will the Solicitor-General support Labour amendments to the Serious Crime Bill to increase the power of prosecutors and increase penalties for suspects who hide their assets overseas?

[The Solicitor-General]

As the hon. Lady knows, that Bill is part of the Government’s serious and organised crime strategy, and it includes measures to strengthen the Proceeds of Crime Act 2002 and enhance our enforcement powers during the fourth parliamentary Session. Of course the Government will always look at what amendments are and whether they improve the situation, and I am sure that will be case in this matter, as always.

[Robert Jenrick (Newark) (Con)]

8. What the Crown Prosecution Service is doing to ensure that adequate support is given to vulnerable witnesses in cases of sexual abuse or domestic violence.

Oral Answers to Questions

Oliver Heald Excerpts

Tuesday 13th May 2014 Commons Chamber

[Rehman Chishti (Gillingham and Rainham) (Con)]

7. What steps the Crown Prosecution Service is taking to increase the number of prosecutions for human trafficking.

[The Solicitor-General (Oliver Heald)]

The Crown Prosecution Service is supporting victims, strengthening investigations, raising awareness among front-line professionals, and improving data collection. The data for 2013-14 show an increase in the number of defendants prosecuted. The CPS is actively involved in the development of provisions in the Government’s draft Modern Slavery Bill.

[Jack Lopresti]

Does my hon. and learned Friend agree that the forthcoming Modern Slavery Bill will play a significant part in moving forward to prosecute those involved in the dreadful offence of human trafficking?

[The Solicitor-General]

Yes, I very much agree. The forthcoming Bill will play a vital role in tackling the abhorrent practices of human trafficking and modern slavery. It will strengthen the law and protect and support victims. I am a member of the inter-ministerial group, and my officials and the CPS have been closely involved in developing these measures under the leadership of the Home Secretary, who is widely admired for her stance on this issue.

[Karl MᶜCartney]

Does my hon. and learned Friend agree that an important part of the process of increasing the number of prosecutions for human trafficking is to ensure that there is sufficient support for victims of this terrible crime? What further support is the CPS providing to victims in this regard?

[The Solicitor-General]

Yes, I entirely agree. A focus on supporting victims, stronger prosecutions and better data collection is key. In December, the Director of Public Prosecutions held a meeting with voluntary bodies and others, and he has produced an action plan that is very much focused on supporting victims.

[Rehman Chishti]

What steps are being taken to improve international co-operation to increase prosecutions for human trafficking?

[The Solicitor-General]

My hon. Friend has raised this issue before, and it is very important. The new National Crime Agency has a focus on organised crime gangs at a regional, national and international level. The Crown Prosecution Service has officials in other countries working to strengthen capacity and ensure that prosecutions are properly evidenced. Joint investigation teams are an important feature. On 9 April at the Vatican, the Home Secretary set up the Santa Marta group, which is a group of senior enforcement officers from across Europe and the world. This was highly praised by Cardinal Parolin of the Vatican and by the United Nations.

[Alison Seabeck (Plymouth, Moor View) (Lab)]

What use does the CPS make of the National Crime Agency’s database to identify victims of human trafficking in order to ensure that any prosecution that follows takes into account the relevance of the fact that they have been trafficked?

[The Solicitor-General]

The hon. Lady makes an important point. There needs to be a very strong effort to ensure that the victims of trafficking are treated as such in cases where it is possible that they should be prosecuted, if they are victims rather than the main perpetrators. All the resources of the sort she mentions, and others, are to be looked at. I think she will be pleased when she sees the Modern Slavery Bill in its new form.

[Diana Johnson (Kingston upon Hull North) (Lab)]

What does the Solicitor-General think about extending the period of reflection from the 45 days that are currently allocated to a longer period to ensure that there is full support for victims of trafficking who may then be more willing to be witnesses in any prosecutions?

[The Solicitor-General]

The hon. Lady will appreciate that that is not a decision for the Law Officers. It is important, however, that all support for victims should be considered within the inter-ministerial group, and I will certainly ensure that it is fully considered. In other terms, I cannot go much further.

[Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

Nigeria is the largest source country for people trafficked into the UK. Given that there is widespread fear that the girls who were kidnapped a month ago could become victims of trafficking, what special efforts are the Government making to work with and support the Government of Nigeria, and agencies there, to prevent that from happening?

[The Solicitor-General]

As the hon. Lady may know, the Crown Prosecution Service has had staff in Nigeria and has worked hard on capacity building. The response to the Boko Haram outrage is being dealt with by other Departments, but I know that right across the House there will be very great concern for those girls and their families, and that is certainly something I share.

[Fiona Bruce (Congleton) (Con)]

2. What steps he is taking to ensure that cases of non-compliance with the law on abortion by practitioners and providers are prosecuted.

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[Guy Opperman (Hexham) (Con)]

9. What steps the Crown Prosecution Service is taking to prosecute cases involving female genital mutilation.

[The Solicitor-General (Oliver Heald)]

The first prosecution is under way. Lead prosecutors have been appointed for each CPS area. The Director of Public Prosecutions and I have written to Ministers in the Home Office, the Ministry of Justice and the Department of Health to suggest ways in which the criminal law could be strengthened.

[Guy Opperman]

I urge the Solicitor-General to take note of the Home Affairs Committee report on this issue and to target the local communities in this country and abroad where this abhorrent crime is increasingly taking effect.

[The Solicitor-General]

My hon. Friend is right that a prosecution is, in a sense, a failure because we want to diverge from this activity, stop it happening and change minds in communities. That is the essence of what the Government are trying to achieve, although we have to have prosecutions where necessary and we have a strong action plan to achieve them.

[Several hon. Members]

rose—

Oral Answers to Questions

Oliver Heald Excerpts

Tuesday 25th March 2014 Commons Chamber

[The Solicitor-General (Oliver Heald)]

The last external assessment was completed by the National Audit Office as part of its report on confiscation orders in December 2013.

[Mr Hanson]

Last year, the Serious Fraud Office collected £3.9 million in proceeds of crime, but it hoped to collect £32 million. Will the Minister explain why the shortfall occurred, what he intends to do about it and whether the £19 million requested Treasury bail-out has anything to do with that shortfall?

[The Solicitor-General]

No, the shortfall does not have anything to do with that figure. It is worth bearing in mind the fact that money is recovered in different ways. More than £76 million has been returned to victims as a result of Serious Fraud Office activity since 2009, so it is wrong to ignore compensation and other moneys paid to victims when looking at the overall picture.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

The Solicitor-General refers to the National Audit Office report—it was shocking, was it not?—which talks about how the confiscation of criminal assets is just not working at the moment. There are 27% fewer asset restraining orders than there were in 2010; £450 million remains unpaid, even after defendants have served extra time; and £285 million in foreign banks cannot be touched—I could go on, but I am sure that Mr Speaker would not wish me to do so. What plans do the Solicitor-General and Attorney-General have to strengthen enforcement of confiscation orders? Will the Solicitor-General improve our co-operation with overseas jurisdictions? How can we make sure that our justice system gets its hands on these ill-gotten gains?

[The Solicitor-General]

The hon. Lady is covering a much broader area than that raised in the question. As I think she would agree, the Serious Fraud Office has a superb unit that is actively after the money that it leads on—£100 million—and it is believed to be extremely competent. [Interruption.] The extra money is nothing to do with this particular aspect. Overall, we do need a proper strategy to improve confiscation and asset recovery, and that is under way. Ministers are meeting on the matter, and a new strategy from the Crown Prosecution Service was explained in more detail when evidence was given to the Justice Committee. I think the hon. Lady is being over-critical, as it is not always easy to extract money that is overseas in complex trust arrangements and hard to recover.

[Jason McCartney (Colne Valley) (Con)]

2. What assessment he has made of the legal implications for the UK of Russia’s recognition of Crimea as a sovereign state.

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[Paul Flynn (Newport West) (Lab)]

4. What plans he has to reduce the running costs of the Law Officers’ departments.

[The Solicitor-General (Oliver Heald)]

Over the next two financial years, the total expenditure of the Law Officers’ departments will be reduced through measures such as shared legal services, reduction in non-front-line staff, increased digitalisation, rationalisation of estates and more efficient court listing practices.

[Paul Flynn]

How much is the Department spending to contest freedom of information and court decisions, in order to suppress information to the public? The claim has been made that information is available that would show that an important person is unfit to do his future job. Should we not allow the lobbying letters of Prince Charles to be made public?

[The Solicitor-General]

The hon. Gentleman raises a case that involves issues of constitutional significance, including upholding Parliament’s intentions for the freedom of information regime and the Government’s ability to protect information in the public interest. It is important that the Government continue to fight the case in question. To protect public funds, if we are successful at the next stage of the legal proceedings, we would expect The Guardian to meet our legal costs in full.

[Stephen Mosley (City of Chester) (Con)]

5. What progress has been made on commencing new inquests into the deaths at Hillsborough.

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[Paul Blomfield (Sheffield Central) (Lab)]

8. What steps the Director of Public Prosecutions is taking to improve the timeliness with which charging decisions are reached in cases of rape.

[The Solicitor-General (Oliver Heald)]

The Crown Prosecution Service’s new rape and serious sexual offences units now advise police in all areas at the start of rape investigations. Rape charging decisions require meticulous attention and can include complex evidence. They are monitored by the Director of Public Prosecutions in all areas at six-monthly intervals, and recent improvements have resulted in the highest ever levels of rape convictions.

[Andrew Gwynne]

But figures unearthed by the Opposition show that it is taking prosecutors more than a month to charge alleged rapists—10 days longer than it took five years ago. Is it not awful for rape victims to have to wait that extra period, and does it not run the risk that they will withdraw their support for a prosecution? What are the Government going to do about that?

[The Solicitor-General]

It is important to charge as soon as possible, particularly when vulnerable witnesses are involved, and there is a protocol to that effect between the Crown Prosecution Service and the police. However, it is also important for the CPS to be able to take on more cases that are referred to it by the police than has previously been the case, and to take on more complex cases involving more vulnerable victims. It is doing that now, and the result is an improved conviction rate. While timeliness is important, it is also vital for there to be that careful attention to detail which results in a successful outcome.

[Paul Blomfield]

What assessment has the Solicitor-General made of the impact on CPS charging times of the loss of a quarter of CPS solicitors and the closure of 40 operational offices since 2010?

[The Solicitor-General]

It has had no impact whatever, because there has been a clear prioritisation of cases of this kind—involving specialist rape prosecutors—and, indeed, of child abuse cases. Cuts would certainly never affect performance, and the overall statistics show that they are not doing so

[Rehman Chishti (Gillingham and Rainham) (Con)]

In a recent statement, the Minister for Crime Prevention said that he had

“held discussions with the Director of Public Prosecutions, who has agreed to establish a CPS-police scrutiny panel to look at how forces deal with rape.”

When is that panel likely to be set up?

[The Solicitor-General]

This is part of the six-point plan that I outlined during an earlier Question Time. It is designed to establish why there are fewer referrals from the police, and, in particular, why that is the case in certain parts of the country. The national scrutiny panel will sit on 4 April with the Director of Public Prosecutions and the national policing lead on rape, and will examine evidence compiled from seven police force areas to see what the implications are.

[Valerie Vaz (Walsall South) (Lab)]

What steps is the Solicitor-General taking to support victims in rape cases?

[The Solicitor-General]

A range of special measures can be taken in the courts themselves to make the experience of court less troubling for vulnerable witnesses. There are also witness care units. I have already mentioned the rape and serious sexual offences units, which are another part of our efforts to support witnesses. As the hon. Lady has implied, if prosecutions of this kind are to be effective, there must be confident witnesses who are prepared to explain exactly what happened, and that is what we are aiming to achieve.

[Rosie Cooper (West Lancashire) (Lab)]

7. What recent discussions he has had with the director of the Serious Fraud Office on funding arrangements for that agency.

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[Kerry McCarthy (Bristol East) (Lab)]

9. What discussions he has had with the Crown Prosecution Service on prosecuting crimes of violence against subcultures as hate crimes.

[The Solicitor-General (Oliver Heald)]

I pay tribute to the work the hon. Lady has done in this area. The CPS prosecutes violent offences robustly, including cases where victims have been attacked on the basis of subculture. Targeting particular groups is treated as an aggravating feature in such cases.

[Kerry McCarthy]

I thank the Minister for that response. As he is aware, I have been working with the Sophie Lancaster Foundation. She was killed seven years ago and her mother has been tirelessly campaigning for police forces to record such crimes as hate crimes. Might it be part of the sentencing guidelines given to courts that they can sentence specifically in relation to hate crimes?

[The Solicitor-General]

At present statutory provisions cover cases motivated by hostility or prejudice based on race, religion, sexual orientation, disability or transgender identity, but none the less it is possible for a judge to sentence on the basis that the crime was motivated by hate of a different kind, as Judge Russell did in the case the hon. Lady mentioned, and to treat that as an aggravating feature. I think the hon. Lady is arranging a meeting at the House of Commons tomorrow at which the Sophie Lancaster Foundation will be having a listening event.

Oral Answers to Questions

Oliver Heald Excerpts

Tuesday 11th February 2014 Commons Chamber

[Mrs Mary Glindon (North Tyneside) (Lab)]

5. How many local authorities have signed up to the information-sharing protocol for cases of child abuse launched in November 2013 by the Director of Public Prosecutions.

[The Solicitor-General (Oliver Heald)]

The national protocol came into force on 1 January this year. The aim is for all parties to sign a local protocol as soon as possible. The Crown Prosecution Service intends to carry out a survey of all CPS areas to monitor progress.

[Mr Hanson]

If the voluntary approach does not produce the goods that the Minister and the Opposition wish to see, will he consider making it compulsory for local authorities to sign such protocols, given the importance of the issue? In particular, will he discuss it in my area with the National Assembly for Wales?

[The Solicitor-General]

It is very important that local protocols should be signed so that there is a clear, seamless process and when an investigation starts the information is shared with the other authorities. A draft protocol has now been sent to contacts in all the local authorities in the right hon. Gentleman’s area, and discussions are continuing. It is thought that it will be possible to have the protocol signed by the middle of March.

[Mrs Glindon]

Given that openness and information sharing are key to prosecuting these cases, what assurance can the Solicitor-General give that the Government will resist calls to introduce suspect anonymity in cases of historical child abuse and rape?

[The Solicitor-General]

On the subject of information sharing, tomorrow the judges in Newcastle are meeting all the local authorities to try to agree a way forward. There are certainly no current plans to change the anonymity rules. If the hon. Lady wants to discuss this with me, I would be more than happy to do so.

[Mrs Cheryl Gillan (Chesham and Amersham) (Con)]

My hon. and learned Friend knows how important information sharing is in this very sensitive area. He is no doubt aware of the successful conviction of the former head teacher of Caldicott preparatory school the week before last in my constituency. Will he join me in paying tribute to Mr Tom Perry, who revealed his own historical child abuse to enable this prosecution to go forward? What encouragement can he give to Mr Perry and his colleagues as regards the Government looking favourably on mandatory reporting for regulated activities, which could help to protect more of our children in future?

[The Solicitor-General]

This was an horrendous case, and, like my right hon. Friend, I pay tribute to Tom Perry for his courage. She is absolutely right about information sharing and, as I said in response to the right hon. Member for Delyn (Mr Hanson), it is important to have these local protocols in place so that information is shared expeditiously from the very beginning. We believe that that will happen; certainly, very good progress is being made. We will look at the results of the survey and at that point we will be able to see where we stand.

[Mr David Winnick (Walsall North) (Lab)]

On child abuse, is any progress being made on prosecutions for female genital mutilation? Is the Solicitor-General aware of the disappointment felt by so many people all round the country that so far it seems that this issue is not being taken seriously enough? Can we expect prosecutions in the near future?

[The Solicitor-General]

I thank the hon. Gentleman for that question, because this is a very important issue. Ministers met non-governmental organisations last week to discuss how to make progress. A number of things are happening. He will know that the Crown Prosecution Service is currently reviewing 10 cases, and it is very much hoped that it will be possible to ground a prosecution. However, the key thing is that one does need evidence, so it is very important that the information gathering for the sort of evidence that is needed for a successful prosecution is found and pursued. Every effort is being made, and I have recently visited all the units concerned.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

Child abuse and rape prosecutions are falling because the agencies are not working together. I have uncovered the fact that local authorities are not disclosing information to police and prosecutors and the fact that the police are referring fewer and fewer cases to prosecutors. We now need to know what the Solicitor-General and his brother and sister Ministers are going to do to show some leadership on this issue. Are the Government doing nothing about it because violence against women and girls is not a priority for them, or because the 27% cuts to the CPS and the loss of a quarter of its lawyers mean that the Solicitor-General is resigned to the idea that more and more cases are going to be dropped?

[The Solicitor-General]

It is sad to hear the hon. Lady traduce the Crown Prosecution Service in that way. The fact is that we have the highest ever level of conviction rates for rape, for domestic violence and for child abuse, and the people who are prosecuting these cases are doing an excellent job. She knows that we are investigating fully, through a six-point plan, why referrals are falling in some parts of the country, but the idea that the Crown Prosecution Service can be criticised when it is doing the best it has ever done in terms of conviction rates is quite wrong.

[Jake Berry (Rossendale and Darwen) (Con)]

2. What recent discussions he has had with the Treasury Solicitor on the development of a shared legal service. [R]

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[Priti Patel (Witham) (Con)]

4. What recent discussions he has had with the Crown Prosecution Service on the use of diminished responsibility defences in domestic homicide cases.

[The Solicitor-General (Oliver Heald)]

The CPS is working to strengthen its approach to domestic homicide cases, particularly where the partial defence of diminished responsibility is raised.

[Priti Patel]

My hon. and learned Friend will be aware that domestic homicide trials where the defence is one of diminished responsibility deteriorate into character assassinations of the victim, rather than focusing on the facts of the case. Will he say what steps the CPS is taking to mitigate that issue, particularly to reduce the trauma to victims and their families?

[The Solicitor-General]

I pay tribute to my hon. Friend for her work on homicide as a subject, and I agree with her. The Crown Prosecution Services needs to take and will take a challenging attitude in three areas. The first is unwarranted attacks on the deceased’s character. The second is the need to emphasise the context of domestic violence, which is an aggregating feature, and to bring out evidence about the true dynamics of the relationship, so that such cases are treated as cases of domestic violence. The third is that the CPS should be aware that the existence of a recognised mental condition does not necessarily mean that it amounts to an abnormality of mental functioning sufficient for grounds of diminished responsibility.

[Fiona Mactaggart (Slough) (Lab)]

The “Domestic Homicide Reviews” lessons learned paper published last year stated that the CPS was “looking to strengthen guidance” for prosecutors about bail applications. Has that happened, because people on bail too often go on to reoffend?

[The Solicitor-General]

The guidance on that area is being worked on at present, but I will certainly ensure that the hon. Lady’s concern is reflected back.

[Mr Robert Buckland (South Swindon) (Con)]

The law of diminished responsibility very often depends on expert evidence from psychiatrists. In complex cases, decisions about such important offences are far too often made at the last minute. Is my hon. and learned Friend happy about existing protocols in relation to making sure that psychiatric evidence can be agreed at the earliest possible opportunity, and that the consequences of important decisions based on that evidence can be explained in ordinary English to the families of the victims?

[The Solicitor-General]

My hon. Friend makes the very important point that the bereaved should meet the prosecutor post-charge and pre-trial. As I said a moment ago, the troubled issue of the meaning of a recognised mental condition in these circumstances should be examined in a challenging way by Crown prosecutors.

[Keith Vaz (Leicester East) (Lab)]

These are very serious and complex cases. Does the Solicitor-General propose to look at sentencing guidelines for cases where it is found that any of the parties involved suffers from a mental illness?

[The Solicitor-General]

As the right hon. Gentleman will know, there are guideline cases dealing with manslaughter. The judge has to have discretion because, as he will know only too well, there are cases in which the mental condition is suddenly there and an incident occurs that is totally out of character for the accused. In those cases, adequate discretion needs to be available.

[David Wright (Telford) (Lab)]

6. What recent steps he has taken to promote awareness among prosecutors of the tools available to secure the removal from the UK of low-level foreign offenders.

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[The Solicitor-General (Oliver Heald)]

The CPS has led progress in implementing digital working with other criminal justice agencies. It is estimated that most police forces are now transferring 90% of case files electronically and that savings of £30 million a year can be achieved by 2015-16.

[Mr Burns]

Are the other parts of the criminal justice system being as proactive as the CPS in developing and increasing digital working?

[The Solicitor-General]

Yes, all parts of the criminal justice system are embracing digitalisation, with Essex and Chelmsford playing a key role. Essex police lead on the development of the Athena digital police system—the largest ever collaboration on a police IT project, taking a case from report to court—and Chelmsford is piloting court wi-fi and clickshare video.

[Mr Speaker]

I am sure that the right hon. Gentleman is pleased to represent the new white heat of the technological revolution.

Oral Answers to Questions

Oliver Heald Excerpts

Tuesday 7th January 2014 Commons Chamber

[Susan Elan Jones (Clwyd South) (Lab)]

7. If he will take steps to ensure that the causes of the recent decline in prosecutions for rape, child abuse and domestic violence are investigated.

[The Solicitor-General (Oliver Heald)]

In September the former Director of Public Prosecutions, Sir Keir Starmer, chaired a meeting with the Home Office and national police leaders, the outcome of which was a six-point action plan to investigate and increase the number of rape and domestic violence cases that are referred by the police to the CPS for charging decisions.

[Julie Elliott]

What recent discussions has the Solicitor-General had with Home Office Ministers about the fall in the number of referrals of rape, domestic violence and child abuse cases to the CPS?

[The Solicitor-General]

I have not engaged in any specific bilateral discussions, but I am a member of a number of Government committees that discuss these matters, including the committee that deals with violence against women and girls. There are falls in the number of referrals, which the six-point action plan is addressing, but it is worth pointing out that the rates of convictions for domestic violence, rape and child sex abuse are at record highs.

[Susan Elan Jones]

What has been the impact of the closure, under the present Government, of 38 out of 39 joint police-CPS offices nationwide on the close co-operation between police and prosecutors that is so vital in relation to this very sensitive subject?

[The Solicitor-General]

I agree that close co-operation between the police and the Crown Prosecution Service is important. As the hon. Lady will know, there are rape and serious sexual offence units that are combined. However, there are advantages in a more efficient system and a cluster of excellence in the CPS, and the view is that, on balance, the way in which the system is currently developing is more efficient and effective.

[Tim Loughton (East Worthing and Shoreham) (Con)]

I congratulate my right hon. and learned Friend the Attorney-General on the progress that has been made in ensuring that the court process is less traumatising for victims, especially victims of child sexual exploitation. The greater profile that is now given to some of those cases is a sign of that success.. However, will my hon. and learned Friend tell me what work he is doing with, in particular, children’s charities and child protection professionals with the aim of communicating to some of the victims the information that the court process is now less traumatising and more user-friendly, so that more of them will be encouraged to take their cases all the way to court and appear as witnesses, rather than being scared off and allowing the perpetrators to get off?

[The Solicitor-General]

The inter-departmental committee on violence against women and girls, which I mentioned earlier, is involved with representatives of various organisations who attend its meetings, so there is that connection. The new guidelines on child sex abuse that were issued last October are intended to bring about a big change in the way in which such cases are dealt with. They recommend an holistic approach and consideration of the credibility of the allegation rather than just the credibility of the witness, and I think that that will help a great deal.

[Dr Julian Huppert (Cambridge) (LD)]

In July 2012, Canadian police closed a child abuse network. They released hundreds of children and passed 2,345 names of suspects to British police, who then did absolutely nothing for 16 months. What assessment has the Solicitor-General made of the effect that that has had on the number of successful prosecutions?

[The Solicitor-General]

The way in which the police investigate cases is independent. The hon. Gentleman could raise it with the Home Secretary, but it is not dealt with by the Crown Prosecution Service. The new CPS guidelines constitute a major step forward, as do the new national network of rape and child sex abuse prosecutors, which provides a source of expertise on such offences in each area. That will lead to more effective prosecutions.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

One of the reasons for the decline in the number of prosecutions for child abuse is that the police are not referring as many cases to the Crown Prosecution Service despite the fact that the numbers remain constant, but the other major factor is that local authorities are not co-operating with the Crown Prosecution Service. Was the Minister as shocked as I was to discover that in the past three years two thirds of councils have refused to disclose information to the police and to the CPS in child abuse cases? Does he think in future he should monitor this, rather than leave it to me, through the Freedom of Information Act, to discover that information, and will he consider making disclosure compulsory in future if this situation does not improve?

[The Solicitor-General]

In fact, the Attorney-General and I have been concerned about this issue and as a result Her Majesty’s inspectorate of the CPS has undertaken a report on disclosure, which was published recently. It is a matter that needs to be addressed. Having said that, the new protocol and the way in which the various authorities are coming together on this is encouraging. [Interruption.] The hon. Lady says something from a sedentary position which I cannot hear, but I assure her that all efforts are being made—

[Emily Thornberry]

I said they are not coming together.

[The Solicitor-General]

I do not want to get into pantomime mode and say, “Oh yes they are,” but the fact of the matter is that considerable progress is being made.

[Mr Marcus Jones (Nuneaton) (Con)]

5. What steps the Crown Prosecution Service is taking to increase the rate of successful prosecutions of cases of online stalking and harassment.

[The Solicitor-General (Oliver Heald)]

The CPS has published guidance for its prosecutors on stalking and harassment cases and on prosecuting cases involving communications sent via social media. In addition, all prosecutors must complete an online e-learning course on cyber-stalking, non-cyber stalking and harassment.

[Mr Jones]

Will my hon. and learned Friend help reassure victims of stalking and help prosecutors by setting out exactly what training and guidance is being brought in for the CPS following the Government’s implementation of the new tougher stalking offences?

[The Solicitor-General]

Yes, I am happy to do that. My hon. Friend will recall that just over a year ago the Protection from Harassment Act 1997 amendment provisions dealing with stalking and with stalking leading to fear of violence and alarm and distress were introduced. Since that time new guidance has been brought forward dealing with the way in which such offences are to be identified and with harassment, and also specifically how they should be dealt with if they involve the social media. Some 438 cases have been prosecuted so far under the new law. That figure is not necessarily too low given that we are at a very early stage, but it is important that this should be driven forward so a joint protocol is being produced by the CPS and the Association of Chief Police Officers. That is due in spring 2014 and it will set out in more detail how both sides of the criminal justice service should perform.

[Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)]

Those of us who campaigned for the new law are disappointed in as much as we now have evidence of under-charging by the CPS using the old 1997 Act as it was, and also, regrettably, many Crown prosecutors have not been sufficiently trained to implement the new law. Will the Minister please have a word with the Director of Public Prosecutions and ensure this is put right, because otherwise we will be failing many thousands of people?

[The Solicitor-General]

May I start by paying tribute to the right hon. Gentleman and his all-party group on their work in this area? These two new offences, which were introduced just over a year ago, are an important step forward. It is too early to say whether it is disappointing that the number of offences so far charged is 438 rather than a higher figure, because we want to see how this goes forward from here, but there is no lack of drive or push in trying to deal with these offences, which are horrific and require a very firm approach, and I think this joint protocol will certainly help. If the right hon. Gentleman wants to discuss it with me, I will be more than happy to do so.

[Robert Flello (Stoke-on-Trent South) (Lab)]

6. What steps he is taking to promote awareness of the laws on contempt of court among users of social media.

Oral Answers to Questions

Oliver Heald Excerpts

Tuesday 19th November 2013 Commons Chamber

[Fiona Bruce (Congleton) (Con)]

3. What steps the Director of Public Prosecutions is taking to raise awareness among prosecutors of best practice in prosecuting human trafficking offences; and whether current legislation is being used to prosecute such cases effectively.

[The Solicitor-General (Oliver Heald)]

Guidance is issued to prosecutors by the Crown Prosecution Service and supported by an e-learning programme. Cases are being prosecuted effectively, and the Director of Public Prosecutions is holding a round table on human trafficking on 4 December for police and experts to strengthen investigations and prosecutions.

[Fiona Bruce]

Does the Solicitor-General agree that prioritising the issue of child sex tourism is critical and that robust action should be taken to apprehend, prosecute and enforce legislation against child sex tourists, as highlighted by the Stop it Together campaign recently launched by the International Justice Mission?

[The Solicitor-General]

I congratulate my hon. Friend and the all-party group on human trafficking and modern day slavery on their involvement and the campaign. New legislation came into force on 6 April extending the territorial jurisdiction to enable the prosecution of cases of trafficking where victims have been trafficked anywhere in the world. The CPS and I are committed to bringing perpetrators to justice.

[Fiona Mactaggart (Slough) (Lab)]

The Solicitor-General will be aware of the landmark case of L and others, decided by the Court of Appeal in May, which said that victims of trafficking should not be prosecuted, yet if I visit our prisons, I see in jail young Vietnamese trafficked to Britain to be cannabis farmers. What is he doing about that? Will he meet the Secretary of State for Justice to get those innocent victims of trafficking freed?

[The Solicitor-General]

The Inter-Departmental Ministerial Group on Human Trafficking was set up for the purpose of liaising across Government and has met very recently. The hon. Lady raises an important point: victims of trafficking should not be prosecuted for offences that arise from that. Of course, there can be cases that do not arise from their trafficking where they may end up before the courts, but the principle that she sets out and which the Court has adumbrated is one that the Government accept.

[Mr Philip Hollobone (Kettering) (Con)]

Given the international nature of human trafficking, has the Solicitor-General looked for examples of best practice from other countries around the world that best prosecute human traffickers and from which we might learn valuable lessons?

[The Solicitor-General]

My hon. Friend will know that the Government have liaison magistrates and others around the world helping to build capacity in that area. We look at the international experience, and it is important to do so; but having said that, the number of people prosecuted in this country for such human trafficking offences is increasing, and we are determined that that should continue.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

Tackling human trafficking requires getting tough on perpetrators and, as we have talked about, providing more support for victims. Given that two thirds of trafficked children rescued then go missing again, why will the Government not now sign up to the EU directive on human trafficking, which would ensure that independent guardians were appointed for child victims of trafficking?

[The Solicitor-General]

The hon. Lady is right that we should support the victims of trafficking, and a great deal of work is done to achieve that—for example, she will know of the work of the Salvation Army. I was very impressed, visiting the north-west area of the CPS, by the work being done and the substantial support being given to witnesses in order to achieve successful prosecutions. That work needs to continue and be spread.

[Mr Nigel Dodds (Belfast North) (DUP)]

Has the Solicitor-General had, or does he plan to have, any consultation with the Northern Ireland authorities about the excellent legislation on human trafficking that is currently before the Northern Ireland Assembly? It would effectively increase the number of prosecutions of people who commit this terrible crime.

[The Solicitor-General]

As the right hon. Gentleman will know, his hon. Friend the Member for Strangford (Jim Shannon) raised this issue with me at the last Question Time. Since then, we have corresponded, and we are certainly liaising with the Northern Ireland authorities who, in fact, sit on the inter-ministerial group.

[Priti Patel (Witham) (Con)]

4. What meetings he has had with the new Director of Public Prosecutions since her appointment.

Oral Answers to Questions

Oliver Heald Excerpts

Tuesday 15th October 2013 Commons Chamber

[Peter Aldous (Waveney) (Con)]

8. What recent discussions he has had with the Director of Public Prosecutions on the prosecution of cases involving allegations of domestic violence.

[The Solicitor-General (Oliver Heald)]

The Attorney-General and I regularly discuss the effective prosecution of cases of violence against women and girls, including both domestic violence and rape, with the Director of Public Prosecutions. Discussions also take place between the DPP, the police and the Home Office. In 2012-13 the proportion of such cases resulting in conviction increased to 74.3% for domestic violence and 63.2% for rape.

[Andy Sawford]

Under this Government more and more cases of both rape and domestic violence are being dropped by the police without being referred to the Crown Prosecution Service for prosecution, leaving offenders unpunished and free and leaving victims vulnerable. What are the Government going to do about this?

[The Solicitor-General]

The hon. Gentleman is right. The Government are aiming to increase the number not only of prosecutions, but of successful ones which result in conviction. On 26 September this year the Director of Public Prosecutions held a meeting with all the other stakeholders—the police, the Home Office, the College of Policing and the Attorney-General’s Office—to look at why the referrals from police to the CPS had fallen. Six actions were agreed at that time.

[Rehman Chishti]

Does the Solicitor-General share my concerns that for 2012-13 around 30% of defendants for domestic violence were aged under 24, and more than 2,000 were between 14 and 17 years old? What are the Government doing to tackle domestic violence among young people?

[The Solicitor-General]

My hon. Friend has a strong record of campaigning on this issue and he is absolutely right: it is of concern that young people are perpetrating domestic violence. The Government’s action plan for violence against women and girls includes a programme to increase understanding and awareness of these issues, and the DPP’s national scrutiny panel last year focused on teenage relationship abuse. The CPS is putting together specific training for prosecutors on issues to take into account when they are prosecuting cases and also to support the victims.

[Peter Aldous]

Taking into account the gravity of the offence, there is a concern that too many cautions are being issued in domestic violence cases. If this is established to be happening, will the Solicitor-General work with the Home Secretary to address it?

[The Solicitor-General]

My hon. Friend raises an important point. As he will know, the Secretary of State for Justice has announced a wider review of out-of- court disposals, but at the recent meeting which I mentioned, convened by the Director of Public Prosecutions, it was agreed that there needs to be a closer analysis of domestic violence figures and how out-of-court disposals are being dealt with. That is ongoing.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

The Solicitor-General has given us a rather tantalising answer, telling us that in September there was a meeting on ensuring that more cases were taken by the police and given to the Crown Prosecution Service for charging. We are all concerned that the CPS is not getting enough cases in front of it on which to make decisions. The Solicitor-General tells us that six actions have been agreed. Would he like to tell us what they are?

[The Solicitor-General]

I did not want to trespass on Mr Speaker’s good will, but I am delighted to set out the six actions. First, Her Majesty’s inspectorate of constabulary will carry out a themed inspection of domestic violence, liaising closely with the Home Office and the CPS. Secondly, the evidence that I have just mentioned about how out-of-court disposals are dealt with will be examined in more detail to see what is happening in this area. Thirdly, the performance of the CPS is being closely examined to see whether there are differences between areas in the way in which cases are referred. The fourth action entails looking at the independent domestic violence adviser network and making sure that it is performing consistently across the country. Fifthly, six areas are being reviewed and cases which were not referred to the police are being examined closely to see why. Sixthly, the Crown Prosecution Service is going to give further advice to the police about how to pursue cases without the witnesses giving evidence.

[Mr Speaker]

I call Mr Robert Halfon, assuming that he can still remember the original question.

[Robert Halfon (Harlow) (Con)]

Just about, Mr Speaker.

In 2012 there was the tragic death in my constituency of Eystna Blunnie, a victim of domestic violence. The CPS admitted that there had been a failure to prosecute the murderer for a previous assault. What steps are my hon. and learned Friend and the Government taking to ensure that the CPS properly follows through prosecutions of perpetrators of domestic violence?

[The Solicitor-General]

Of course, the key is to have regular meetings and to issue the sort of guidelines that the Director of Public Prosecutions has done. If my hon. Friend wishes to write to me about the case he mentioned, I will certainly ensure that any review that is still available is undertaken.

[Fiona Mactaggart (Slough) (Lab)]

As the hon. Member for Harlow (Robert Halfon) pointed out, this is a serious matter, and the consequences are serious. In Thames Valley last year there were 9,804 recorded incidents of crime involving domestic violence, but a further 22,627 incidents were reported to the police, and we know that such cases sometimes end in a tragic death. I fear that the hon. and learned Gentleman’s six actions are a bit laid back. What is he going to do?

[The Solicitor-General]

First, the six actions relate to one important aspect: ensuring that referrals come through from the police to the CPS. But let us be clear that over recent years huge progress has been made, in both the proportion of cases that are prosecuted and the conviction rates achieved. The hon. Lady is absolutely right that we need a cross-governmental strategy, which we have in the action plan of the interministerial group on violence against women and girls, so there is no complacency in that regard, but she must recognise that there are achievements as well as areas that need improvement.

[Stephen Metcalfe (South Basildon and East Thurrock) (Con)]

3. What steps the Crown Prosecution Service is taking to ensure that adequate provision is made to support vulnerable witnesses in sexual abuse or domestic violence cases.

[The Solicitor-General (Oliver Heald)]

The Crown Prosecution Service takes allegations of sexual abuse and domestic violence very seriously and ensures that prosecutors are well equipped to handle those cases. There is also the national network of witness care units, whose role is to support victims. The House will want to know that the Director of Public Prosecutions will publish final guidelines on prosecuting cases of child sexual abuse shortly.

[Stephen Metcalfe]

I thank the Solicitor-General for his answer. Will he also look at what more can be done to support those who have been the victims of psychological or emotional abuse, because although there is no physical effect, the mental trauma can be quite debilitating?

[The Solicitor-General]

My hon. Friend’s contribution is timely, as we have recently had mental health day. He is right that it is important to support such victims and witnesses, which is what the witness care units do. In addition, there is a range of guidance for prosecutors on issues such as the provision of therapy to vulnerable and intimidated witnesses. With regard to victims who have suffered mental trauma, there is guidance on how to help victims and witnesses with mental health issues, and the CPS also contributed to the Mind toolkit.

[Neil Parish]

Will my hon. and learned Friend outline what the special measures will be, how they will be granted for vulnerable witnesses and how they will help the court process to ensure that the trial is fair for all, particularly those witnesses in these very difficult cases?

[The Solicitor-General]

The special measures available for vulnerable or intimidated witnesses include: giving evidence from behind a screen, by live television link or in private by clearing the court room of the public; removal of wigs and gowns by judges and lawyers; use of video-recorded evidence-in-chief; examination of the witness through an intermediary; and provision of communication aids. Many of us are strong supporters of one special measure, pre-recorded cross-examination, for which I think there is a measure of support across the House. It has not yet been implemented, but it is coming soon.

[Ann Coffey (Stockport) (Lab)]

rose—

[Ann Coffey]

Thank you very much, Mr Speaker.

Children have particular difficulty in communicating, and registered intermediaries are crucial in enabling them to give the best possible evidence in court, but they are being appointed in a tiny minority of cases. What more can the Solicitor-General do to make sure that the Crown Prosecution Service appoints better registered intermediaries for children at an early stage?

[The Solicitor-General]

As the hon. Lady will remember, that is one of the six issues that is being considered. I agree that it is important to ensure that the right support is given in every case. Of course, support would not be needed in every case, but where it is, it should be available.

[Andrew Gwynne (Denton and Reddish) (Lab)]

The Solicitor-General will know that the specialist domestic courts that were established under the previous Labour Government helped to speed up prosecutions and reduce attrition. Why, then, have his Government gone about closing them down?

[The Solicitor-General]

Although referrals are down, the proportion of the caseload that is domestic violence or rape cases has held up strongly, so I do not think the hon. Gentleman’s allegation stands up. However, it is certainly true that we need to ensure that these cases are dealt with expeditiously.

[Margot James (Stourbridge) (Con)]

I thank the Attorney-General for the report he commissioned, following our meeting with the Crown Prosecution Service inspectorate, on the disclosure of medical and counselling records of victims of sexual abuse and rape. Will he or the Solicitor-General meet me to discuss the implementation of these recommendations and the need for further action in related areas?

[The Solicitor-General]

As my hon. Friend knows, the Attorney-General and I were very grateful for her intervention in this regard. The report from Her Majesty’s inspectorate bears that out, and either one or both of us would be happy to meet her to discuss taking this forward.

[Paul Goggins (Wythenshawe and Sale East) (Lab)]

May I draw the Solicitor-General’s attention to the experience of one of my constituents who has been identified as a potential witness in a case of serious sexual abuse going back over many, many years? This has caused him great distress, and, frankly, he is not receiving the support that he desperately needs. Will the Solicitor-General and the Attorney-General look again at what more can be done to support vulnerable witnesses over the many months they have to wait while their case comes to trial?

[The Solicitor-General]

If the right hon. Gentleman writes to me I will make sure that the case is given whatever extra support is needed. As regards the point he makes, he is absolutely right. As somebody who has prosecuted these cases, I know that having a properly supported witness who feels confident in giving evidence is key.

[David T. C. Davies (Monmouth) (Con)]

I am currently dealing with a case where a vulnerable witness has been forced to leave her own home as a result of the abuse she has suffered, and the offender is now walking around and living in that house. Does the Solicitor-General agree that that is an absolutely disgraceful situation? If I send him the full details, will he look into it and find ways in which I can help this constituent?

[The Solicitor-General]

I would be more than happy to discuss the case with my hon. Friend. Obviously it is difficult for me to comment, not having seen the papers, but I make that offer.

[Mr Andy Slaughter (Hammersmith) (Lab)]

4. If he will discuss with the Director of Public Prosecutions ways of limiting public expenditure on exit payouts at the Crown Prosecution Service.

--- Later in debate ---

[Caroline Nokes (Romsey and Southampton North) (Con)]

9. What steps the Director of Public Prosecutions is taking to raise awareness amongst prosecutors of how to deal with cases of human trafficking; and what assessment he has made of whether current legislation is being used to prosecute such cases effectively.

[The Solicitor-General (Oliver Heald)]

Guidance is issued by the Crown Prosecution Service and it is regularly updated. There is a training programme for the CPS and the Director of Public Prosecutions will host a round-table event later this year to consider how best to strengthen prosecutions.

[Caroline Nokes]

I thank the Solicitor-General for that response. This Friday 18 October is anti-slavery day, which aims to highlight human trafficking and modern-day slavery. Does my hon. and learned Friend agree that one of the key problems is that those crimes are very well concealed and seldom brought to the attention of the authorities and the police, and that wider public awareness, as well as the awareness of GPs and teachers, is required.

[The Solicitor-General]

I absolutely agree with my hon. Friend. The Government are committed to publishing a draft modern-day slavery Bill later this year. There have been amendments to the law to enable more prosecutions to occur. The round-table event later this year will be important in raising awareness, as she suggests.

[Jim Shannon (Strangford) (DUP)]

The Northern Ireland Assembly has recently brought in legislation on human trafficking that is perhaps unique in the United Kingdom. Has the Solicitor-General had any discussions with the Northern Ireland Assembly and, if so, what was the outcome?

[The Solicitor-General]

I have not had such a discussion, but if the hon. Gentleman would like to talk to me about the issue, I would be happy to do so.

[Mr Peter Bone (Wellingborough) (Con)]

Will the Solicitor-General press the Home Secretary to consider this matter in drafting the modern-day slavery Bill?

[The Solicitor-General]

The details of the Bill will be published in draft, so my hon. Friend will have an opportunity to contribute at that point. I pay tribute to the work that he does with the all-party group on human trafficking.

Oral Answers to Questions

Oliver Heald Excerpts

Tuesday 9th July 2013 Commons Chamber

[Stella Creasy (Walthamstow) (Lab/Co-op)]

2. What recent assessment he has made of the reliability and punctuality of the Crown Prosecution Service in court proceedings.

[The Solicitor-General (Oliver Heald)]

Conviction rates are high and punctuality is good.

[Stella Creasy]

I am surprised by the Minister’s answer because last year the CPS failed to comply with nearly half the court orders on time—at great expense to the public purse. Just what do Ministers intend to do about this so that justice delayed is not justice denied?

[The Solicitor-General]

The hon. Lady raises an interesting point. Hot off the press today, we have had the annual report of Her Majesty’s Crown Prosecution Service Inspectorate, which looked at this issue and concluded that compliance with court directions was improving, as was monitoring. Looking at the overall picture, which is what the hon. Lady’s question was about, there are 800,000 cases a year—

[Chris Bryant (Rhondda) (Lab)]

Answer the question!

[The Solicitor-General]

I have answered the question, which is that there has been an improvement in compliance. I would like to point out, if I may, that conviction rates are at 86% and that with ineffective cases the Crown Prosecution Service is not ready only in 1.5% to 2% of cases.

[Mr David Burrowes (Enfield, Southgate) (Con)]

I declare an interest as a defence solicitor, but I mention the interest of taxpayers and justice, too. How can we hold the Crown Prosecution Service to account when it fails during a criminal justice case that is in process, particularly given the lack of wasted costs orders applying to legal aid cases?

[The Solicitor-General]

As my hon. Friend will know, there are measures in place, such as the right of review and complaints system, which allow complaints to be made. More generally, it is worth looking at the annual report of the HMCPSI, which concludes that against a background of reducing costs there has been an improvement in almost all areas.

[Keith Vaz (Leicester East) (Lab)]

It is not just a case of turning up to court on time; it is a case of processing cases quickly. I wrote to the Attorney-General yesterday about a young woman who was killed exactly a year ago—Elena Fanaru—and it took the CPS a year to bring the person responsible to court. The hon. and learned Gentleman cannot accept that that is a good deal for the victim, as it causes additional stress to victims’ families and others concerned in these cases.

[The Solicitor-General]

The right hon. Gentleman is absolutely right to take up the case with my right hon. and learned Friend and he knows that the matter will be looked at carefully. On a day such as today, however, when the HMCPSI annual report has just come out showing progress in all areas, it is worth reflecting on the fact that, although we often rightly talk about individual cases in this place, there are high levels of convictions and very good results on punctuality overall. We are also seeing overall decision making on charging improving, assessment of case work quality improving, compliance with Crown court directions improving and the processes of dealing with disclosure—an extremely difficult issue—improving. Hon. Members are right to take up these issues.

[Mr Philip Hollobone (Kettering) (Con)]

I think the Crown Prosecution Service does a good job, especially in Northamptonshire, but I was surprised to receive a written response from the Solicitor-General, saying that the CPS

“does not maintain a central record of the number of times an application to remand a defendant in prison has been refused.”—[Official Report, 8 July 2013; Vol. 566, c. 11W.]

I think the public would like to know that information and I think the CPS would find it useful; we could then see where the problem lies—with the CPS or with the courts.

[The Solicitor-General]

The CPS, of course, keeps quite a range of different management information, but that is not one of them. I am certainly happy to consider whether it would be possible, but against the background that we do not want to clog up the system with a lot of over-reporting and regulatory concerns at a time when we are reducing costs.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

I am concerned about the Solicitor-General’s complacency on this issue, particularly in the light of what has happened in the last three weeks. Crown court judges across the country, from Bristol to Warwick and from Warwick to Croydon, have said publicly what all those working in the criminal justice system have been saying privately for some time—that the CPS is dogged by delays and disorganisation, that trials are being put at risk and that there is a danger that people charged with very serious offences such as murder and rape will walk away scot-free. I have written to the Director of Public Prosecutions about this, and I would ask the Solicitor-General to acknowledge these problems and tell us exactly what it is that he is going to do about them.

[The Solicitor-General]

The hon. Lady has written a letter to the Director of Public Prosecutions, citing three cases out of 800,000—and they are not what they seem. For example, in one case, the advocate for the prosecution fell ill at court; the judge was not aware of that and made some comments about the way in which the case was being conducted, but at the time—

[Emily Thornberry]

It was a murder case.

[The Solicitor-General]

It was indeed a serious case, but when that advocate fell ill, he was replaced by another, and a conviction followed.

I do not think that picking three instances, all of which involve special circumstances, is the right way of dealing with this. The HMCPSI report examined 2,800 cases, reviewing the files in detail, and they presented a promising picture.

[Mr Marcus Jones (Nuneaton) (Con)]

3. What assessment he has made of the level of public understanding of the legal framework applicable to the internet.

--- Later in debate ---

[Kwasi Kwarteng (Spelthorne) (Con)]

4. What benefits he expects will be achieved by the continued merger of departmental legal advisers into the Treasury Solicitor’s Department.

[The Solicitor-General (Oliver Heald)]

Sharing legal services brings considerable benefits, including greater flexibility and resilience, more efficient deployment of legal resources, more opportunities for savings and improved knowledge-sharing, which in turn supports consistency.

[Kwasi Kwarteng]

I am grateful to my hon. and learned Friend for his answer, but what steps is he taking to ensure that TSOL actually does provide value for money, and how will the Government’s legal bill be reduced as a consequence of this merger?

[The Solicitor-General]

This is part of the civil service reform plan, and bringing services together at TSOL has, for example, meant it has become a centre of excellence in employment law. TSOL also has a good record of reducing cost, with 40% efficiencies from its shared litigation service.

[Valerie Vaz (Walsall South) (Lab)]

Will the Solicitor-General assure the House that public money will not be wasted in transaction costs between Departments and that we will not end up with more finance officers chasing invoices than lawyers doing the work?

[The Solicitor-General]

It is true that clients in the Departments are billed by TSOL, but this is a lean process and fees are being kept down at a reasonable level.

[Ian Mearns (Gateshead) (Lab)]

5. Whether the Crown Prosecution Service is always informed when an undercover police officer has been involved in an investigation that leads to a prosecution.

--- Later in debate ---

[Grahame M. Morris (Easington) (Lab)]

7. What recent discussions he has had with the Director of Public Prosecutions and the director of the Serious Fraud Office on the feasibility of introducing an offence of reckless management of a financial institution.

[The Solicitor-General (Oliver Heald)]

None.

[Grahame M. Morris]

In view of the recent announcement on this, I wonder whether the Minister can give us any indication of which prosecuting agency would be responsible for enforcing the new offence of reckless mismanagement of a financial institution, and what steps are being taken to ensure that the agency has sufficient resources to tackle what are likely to be complex cases?

[The Solicitor-General]

As the hon. Gentleman will know, this Government set up the commission on banking which has come up with the recommendation that there should be such an offence. The Government have accepted that recommendation and the drafting process is in hand. I cannot go further than that, but he will see the draft when it is ready.

[Greg Mulholland (Leeds North West) (LD)]

In two constituency cases I have been told, “It is not in the Serious Fraud Office’s remit and the police will not look at the corporate fraud because they do not have the money.” So how do we get these corporate fraud cases properly looked at?

[The Solicitor-General]

The hon. Gentleman raises an important point about fraud. The National Crime Agency is setting up, as we speak, with an economic crime command that will have a focus on fraud. The aim is to tackle exactly the problems he mentions. In the meantime, Action Fraud is one good place to make a complaint to and, of course, the City police have a particular role to play in this area.

[Julie Hilling (Bolton West) (Lab)]

8. What recent representations he has received from the legal profession on the effect on the criminal justice system of the Government’s planned legal reforms.

--- Later in debate ---

[Nigel Mills (Amber Valley) (Con)]

9. What recent assessment he has made of how effectively appeal cases have been handled by the Crown Prosecution Service.

[The Solicitor-General (Oliver Heald)]

The CPS is providing a first-class service to the senior appellate courts.

[Nigel Mills]

I am grateful for that answer. Will the Solicitor-General please explain to the House how he can satisfy himself that the CPS is indeed conducting those cases effectively? Does it compile and analyse any data on how it is performing?

[The Solicitor-General]

Yes, the detailed schedule of cases comes to the Attorney-General each month, and we have discovered that more cases are being dismissed without leave to appeal being granted, which suggests good CPS presentation; up to 57% of cases are now dismissed without leave.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

But what is happening on how the CPS and the Serious Fraud Office deal with highly complex financial scandals, where there is a great reliance on the accountancy profession, which has been shown to be very unreliable in the evidence it gives?

[The Solicitor-General]

The hon. Gentleman makes the point in his own way, but the advantage of the SFO is that it has in-house experts and can also draw on outside expertise to ensure that these cases are very well prepared. Although we have had some problems, as he knows, in many cases the SFO is able to do an exceptional job.

[Tim Loughton (East Worthing and Shoreham) (Con)]

10. What special measures he is considering to help vulnerable minors give evidence in child sexual exploitation cases.

Oral Answers to Questions

Oliver Heald Excerpts

Tuesday 4th June 2013 Commons Chamber

[Graham Evans (Weaver Vale) (Con)]

1. What steps the Crown Prosecution Service has taken to improve the conviction rate for rape since 2010.

[The Solicitor-General (Oliver Heald)]

In the past three years, the conviction rate for rape has continued to increase steadily. In the calendar year 2010, the conviction rate was 59.1%; it then went to 61% and then to 64.3%, which reflects the commitment of the Crown Prosecution Service to robust prosecution of rape offences.

[Graham Evans]

Does my hon. and learned Friend agree that part of the reason for the increase in conviction rates is the training of specialist prosecutors by the CPS?

[The Solicitor-General]

Yes, my hon. Friend makes an important point. The Director of Public Prosecutions has led the training of specialist CPS rape prosecutors, 800 of whom have now been trained, and they have done a wide range of units to ensure that they are fully aware of all the ways that it is necessary to prosecute such cases.

[Helen Goodman (Bishop Auckland) (Lab)]

Some of the victims are children, and one reason why conviction rates are low is the way in which they are treated during the trial process. It is disgusting that small girls are further abused by grown men, being taunted for hours on end as liars. What will the Solicitor-General do about it?

[The Solicitor-General]

The hon. Lady makes a very important point about the way in which the cases are conducted, and there is a role for advocates and judges in ensuring that cases are dealt with properly. “The Advocate’s Gateway”, a guidance document by the Advocacy Training Council that has had input from the legal profession and the judiciary, has recently been launched. It deals particularly with this issue, and I think it will make a major contribution to the way in which cases are handled.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

Is the Solicitor-General satisfied that the CPS is making timely application for special measures in cases involving young victims in sex offences, and that lessons have been learned from some of the cases that went badly wrong?

[The Solicitor-General]

Yes; in fact it has been a priority of the Director of Public Prosecutions to ensure that. We can always strive for a better performance, but as the results show, the CPS is making a major effort to tackle the cases effectively.

[Mr George Howarth (Knowsley) (Lab)]

The Solicitor-General will be aware that in the year up to September 2012, 1,243 sex offences resulted in a caution. Does he agree that it would be helpful to know a lot more about those cases, and to look at how they might impact on the conviction rates and how those offences are dealt with?

[The Solicitor-General]

Yes, research is important in this area. I sit on a ministerial group on violence against women and girls that is trying to examine these issues, with the help of the voluntary organisations. The right hon. Gentleman makes a good point and I will look into it.

[Lisa Nandy (Wigan) (Lab)]

Given the recent appalling cases involving young victims and witnesses, does the Solicitor-General not agree that the damage done to those young people as they go through the court process is far too great? Is there not a sense of urgency to the issue? This simply cannot wait. Young people should not be put through such appalling damage during the court process when they have already suffered such distress and harm.

[The Solicitor-General]

Yes, I agree. It is right to bear in mind the fact that all those in the legal profession, including the judges, are concerned about the issue too, because what has been happening has been wrong. I agree that the matter is urgent. I welcome “The Advocate’s Gateway”, which is a useful initiative to which all parties have signed up. It should make a major difference. Proper case management is the key.

[Kerry McCarthy (Bristol East) (Lab)]

2. What recent discussions he has had with the Secretary of State for the Home Department on the use of community resolution orders to reduce offending.

[The Solicitor-General (Oliver Heald)]

Oh, it is me again.

[Kevin Brennan (Cardiff West) (Lab)]

It is in there somewhere.

[The Solicitor-General]

Yes, it is in here somewhere.

None. [Laughter.] No—there is a bit more: the Crown Prosecution Service is not involved in the use of community resolutions, which are out-of-court disposals that enable a police officer to deal proportionately with appropriate offences in a timely and transparent manner.

[Mr Speaker]

I must say that the initial answer was the shortest that I have ever heard, especially from a lawyer.

[Kerry McCarthy]

There is real concern that the orders are being used increasingly to resolve—or supposedly resolve—domestic violence incidents. In 2012, nearly 2,500 of the orders were issued rather than cases being put before the CPS for possible prosecution. Does the Minister share my concern that the orders may be being used as an easy disposal, rather than taking domestic violence seriously?

[The Solicitor-General]

The point to make is that the decisions are made by officers at the time. They are not orders, but decisions made when there has perhaps been an apology or some reparation. In cases of domestic violence, that would be inappropriate. The guidance is that the resolutions should not be used for such cases. Obviously, I will mention the matter to the Home Office, which is the place to direct the question.

[Mr Philip Hollobone (Kettering) (Con)]

I declare an interest as a special constable. Presumably, the Solicitor-General should be interested in liaising with the Home Office about the most serious offence that a police officer could deal with under a community resolution order, rather than its going through the justice system. Will he assure the House that he will establish that threshold with the Home Department?

[The Solicitor-General]

As my hon. Friend will know from his background in the special constabulary, community resolutions are designed for dealing with low-level matters, when the person involved does not have previous convictions and it is possible to reach an agreement between the parties. Clearly, any serious offence should be dealt with in a different way.

[Andrew Griffiths (Burton) (Con)]

3. What recent discussions he has had with the Director of Public Prosecutions about the Government’s approach to tackling abusive or libellous communications sent via social media.