Oral Answers to Questions
Robert Buckland Excerpts(6 years, 11 months ago)
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Tom Tugendhat (Tonbridge and Malling) (Con)
The Solicitor General (Robert Buckland)
In July I launched a public legal education panel to support and drive forward legal education initiatives. Bringing together key organisations will mean a more joined-up approach to PLE, and will ensure that more people can reap the benefits of the good work that is being done. The panel is currently combining its resources to map the provision of, and need for, PLE around the country.
Nigel Huddleston
Does the Solicitor General agree that there is a particular need to enhance understanding of the law relating to social media? What is being done to enhance that understanding, especially among young people?
The Solicitor General
I know from my hon. Friend’s professional career in this field that he knows more about it than many other Members. He will be glad to know that, through programmes such as the Lawyers in Schools initiative, young people are being taught about the do’s and don’ts of social media because of the growing problem of offences being perpetrated through it. I have seen that great work at first hand on many occasions.
Jo Churchill
One third of the population experience civil justice cases, and nearly two thirds are unaware of basic legal rights and concepts. Minor legal challenges are commonplace, but, owing to a gap in public knowledge, many cases go unchallenged. What specific steps is the Crown Prosecution Service taking to reach the “harder to reach”—vulnerable people with physical and mental issues, and also the elderly, who are particularly vulnerable to scams?
The Solicitor General
As the hon. Lady says, there is a wide range of people with vulnerabilities. I am glad to say that the CPS is doing some excellent work, especially in the field of hate crime. The packs that it produces for schools in particular, dealing with disability, race, religion and LGBT issues, are being downloaded and used by schools in regions throughout the country, including the hon. Lady’s region. They are designed to teach students about the nature, effects and consequences of this type of crime, and have a strong anti-bullying focus which encourages young people to become active citizens.
Tom Tugendhat
I welcome the work that my hon. and learned Friend has done on public legal education. I also welcome the work done by Citizens Advice in such places as Edenbridge in Kent. Does my hon. and learned Friend agree, however, that the spread of contract law through every clickable website and every app that is downloaded means that the emphasis must now be on legal education throughout people’s lives, not just in schools but through general services as well?
The Solicitor General
I pay tribute to my hon. Friend, who, in the last Parliament, chaired the very first all-party parliamentary group on public legal education. He shares my passionate desire to enable young people in particular to understand that when they buy a mobile phone they sign a contract, and thus enter into legal obligations at a very early age. It is our duty to try to educate, encourage and support them in order to prevent some of the legal problems that they might encounter.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
As the Solicitor General knows, this is one area in which ignorance is not bliss. So many of our constituents all over the country suddenly have to know something about the law for a short period of their lives, but the level of knowledge is very poor indeed. Could not our further education colleges provide some help?
The Solicitor General
I can see a role for local practitioners. Lawyers could work with FE colleges as they currently do with many schools. What the hon. Gentleman has described is what I call “just in time” public legal education, which helps people with immediate crises. I am also interested in what I call “just in case” PLE, which is all about early intervention and prevention, but he is absolutely right to identify those issues.
Nick Thomas-Symonds (Torfaen) (Lab)
May I wish you, Mr Speaker, and all Members and staff a very happy Christmas?
Public legal education is also important in giving victims the confidence to come forward. This week the Attorney General published data on the use of complainants’ sexual history in the most serious sex trials. He also announced the provision of training. When will that training be available?
The Solicitor General
May I add my compliments of the season to those of the hon. Gentleman?
The training is available now, and is ongoing. As the hon. Gentleman knows, the current structure of the law has been in existence for the best part of 20 years, and in my own professional experience it is used rigorously. It must be used rigorously, so that future complainants and victims of this appalling crime can be confident, first, that inappropriate questions will not be asked, and secondly, that they will not be ambushed in court in an inappropriate way.
Nick Thomas-Symonds
The data collection exercise has been necessary because we do not systematically collect data in every case. Could we consider doing that, and also recording the reasons why judges grant such applications or not, as the case may be? Would that not increase confidence in the process?
The Solicitor General
I can confirm that that data will be collected. This issue came to my attention when both the Attorney General and I wanted a widespread number of cases to be examined. It will be done in a more thorough way so that we have up to date and accurate data on this important issue.
Mr Philip Hollobone (Kettering) (Con)
Mike Amesbury (Weaver Vale) (Lab)
The Solicitor General (Robert Buckland)
I am a member of the inter-ministerial group on ending gang violence and exploitation, which meets regularly to discuss the reduction of gang-related crimes such as knife crime. In October, my right hon. Friend the Home Secretary announced that a serious violence strategy would be published in the early new year, and I regularly discuss the Crown Prosecution Service’s contributions to that strategy with ministerial colleagues.
Mike Amesbury
The Guardian project, “Beyond the blade”, states that national data on the number of children and teens killed by knives in any given year is not publicly available. Will the Solicitor General explain why?
The Solicitor General
I would be interested to know more about that, because I am particularly keen to ensure that the reporting and recording of knife crime are improved. We are seeing a rise in the number of reported cases because the police are recording them more accurately, and there is no doubt a problem in certain parts of the country where knife crime is rising, particularly here in London. I would be happy to talk further with the hon. Gentleman to explore a way forward to ensure that we have as much information as possible about this appalling crime.
Several hon. Members rose—
The Solicitor General
I will try to respond with similar brevity. My hon. Friend is absolutely right to talk about prevention, and we are consulting on further restrictions on the online sale of knives to under-18s, and on tightening up the law on the possession of knives in educational institutions other than schools.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
I wish a happy Christmas and a good new year to you and your family, Mr Speaker, and to Members and staff across the House.
Knife crime is still a big problem in Scotland, but of the 35 children and teenagers killed as a result of knife crime in the UK so far this year, none was in Scotland. Does the Solicitor General agree that in his and his Cabinet colleagues’ efforts to reduce knife crime, they would do well to look at the work of Police Scotland’s violence reduction unit, which has helped to oversee a 69% decline in the incidence of handling an offensive weapon in a decade?
The Solicitor General
We have a long history in the England and Wales jurisdiction of learning lessons from our friends in Scotland, and I would be interested to explore those particular factors further with the hon. Gentleman. I am sure that we can enter into correspondence on that.
Paul Masterton (East Renfrewshire) (Con)
Will the Solicitor General explain a little bit more about the steps that the Government are taking to stop children and minors being able to purchase knives and other weapons online?
The Solicitor General
As I said earlier, a consultation into the tightening up of the criminal law on the sale of knives online has just closed, and the Government will respond as urgently as possible to it because it is quite clear that we need to take as many measures as possible to make it as difficult as possible for young people to carry these lethal weapons.
Oral Answers to Questions
Robert Buckland Excerpts(7 years ago)
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The Solicitor General (Robert Buckland)
The number of sentences considered by the Attorney General and me has more than doubled since 2010, from 342 to 837 requests last year. We took 190 of those cases to the Court of Appeal in 2016, and the Court agreed to increase the sentences of 141 offenders.
Mims Davies
Controlling behaviour is mentioned in my constituency surgeries and the new law in this area is welcomed. Constituents have also welcomed the Court of Appeal’s increase of the sentence imposed on an offender engaged in serious incidents of violence and controlling behaviour against his partner. The offender is now spending an extra three years in prison, following the Attorney General’s referral of the case through the unduly lenient sentence scheme. Will my hon. and learned Friend please outline what steps he is continuing to take to increase public awareness of the unduly lenient sentence scheme?
The Solicitor General
Indeed. We use every type of media, including social media, to raise awareness. We also use local radio interviews and I personally conduct a number of cases in the Court of Appeal on behalf of the Government. The results show an increase in the number of referrals.
Andrew Bridgen
A number of my constituents are concerned at what they see as unduly lenient sentences handed down to some people who have been convicted of causing death by dangerous driving. Will my hon. and learned Friend confirm how many such sentences have been reviewed and increased?
The Solicitor General
The offences of causing death by dangerous driving and causing death by careless driving under the influence of drink and drugs are in the regime, and since the beginning of 2015 eight cases of that nature have been referred to the Court of Appeal, five sentences have been increased and one is currently pending, even today.
Nigel Huddleston (Mid Worcestershire) (Con)
The Solicitor General (Robert Buckland)
As pro bono champions in the Government, the Attorney General and I chair the pro bono panel and committee to bring together the most important players to steer and co-ordinate the overall work. As Members will be aware, last week was the 16th national pro bono week, and the Attorney General and I attended and supported events up and down the country to encourage and support the excellent work being done.
Nigel Huddleston
I am sure that, like me, many colleagues receive requests from constituents who are not wealthy and come to our offices with complex legal issues, although our offices are not capable of dealing with them. How can we ensure that people in desperate need get help, either through legal aid or a much enhanced pro bono scheme?
The Solicitor General
I am sure that my hon. Friend and many other colleagues will use the services of the Bar pro bono scheme and, indeed, the LawWorks scheme, which can assist in individual cases. The Government are reviewing the operation of the legal aid regime, and we are going to work with expert advisory panels to find the most effective ways to provide that essential early advice and support for people in need.
Jo Platt (Leigh) (Lab/Co-op)
The Solicitor General (Robert Buckland)
The number of prosecutions commenced under the Communications Act 2003 and the Malicious Communications Act 1988, which include many online offences, have increased by 68% in the past three years.
Grahame Morris
Latest figures show that the CPS successfully prosecuted 15,000 cases of hate crime in 2015-16. However, in the same year the number of cases referred to prosecutors by the police dropped by 10%. Can the Solicitor General explain why that should be?
The Solicitor General
The CPS is working with the police locally and nationally to understand the reasons for that. Anecdotally, it is believed that some police forces are using restorative justice or out-of-court disposals where they could have pursued prosecutions. Let me reassure the hon. Gentleman and make clear that it is unacceptable for any group or person to use the internet as a means to harass, intimidate or threaten individuals in an illegal manner online.
Several hon. Members rose—
Mr Philip Hollobone (Kettering) (Con)
Which CPS area is best at prosecuting online abuse cases, and how might its best practice be rolled out to other areas?
The Solicitor General
I do not have area-by-area figures, but I will endeavour to supply them to my hon. Friend. On hate crime, sentencing uplifts have increased, and they continue to do so, to 52.2% of cases last year—a rise from 33.8% in the previous year.
Stephen Kerr (Stirling) (Con)
What can be done to strip away the anonymity of online trolls who make life such a misery for people online?
The Solicitor General
That issue is being considered as part of the code of practice that is being established, pursuant to the Digital Economy Act 2017. That code will set out guidance on what social media providers should do regarding conduct on their platforms, which includes the behaviour referred to by my hon. Friend. He also raised the important issue of anonymity, and the individuals who hide behind that and use it as a cloak for their illegal activities. The prosecution will always seek to pierce that cloak and prosecute those responsible.
Royal Assent
Mr Speaker
I have to notify the House, in accordance with the Royal Assent Act 1967, that Her Majesty has signified her Royal Assent to the following Acts:
Finance (No. 2) Act 2017
Air Travel Organisers’ Licensing Act 2017
Northern Ireland Budget Act 2017
New Southgate Cemetery Act 2017.
I am sure that the Northern Ireland Budget Act 2017 will be of great interest in particular to the hon. Member for Strangford (Jim Shannon), when he has concluded his intense and, I am sure, extremely urgent conversation with the hon. Member for Wythenshawe and Sale East (Mike Kane).
Oral Answers to Questions
Robert Buckland Excerpts(7 years, 2 months ago)
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Mr Simon Clarke (Middlesbrough South and East Cleveland) (Con)
2. What steps the Crown Prosecution Service is taking to implement the Government’s plan for tackling hate crime.
The Solicitor General (Robert Buckland)
Last month, the CPS took new steps to fulfil one of its commitments in the cross-Government hate crime action plan by publishing revised public statements and legal guidance on all strands of hate crime.
Mr Clarke
Homophobic and transphobic hate crime prosecutions in the north-east are up by 55% in recent years. Will my hon. and learned Friend join me in welcoming that increase in prosecutions and, crucially, will he inform the House of what he is doing to encourage the spread of best practice in how we continue to bear down on this horrible crime?
The Solicitor General
On my visit to the north-east CPS, I met representatives of the lesbian, gay, bisexual and transgender community to discuss the ways in which the regional CPS is engaging with that community. I am glad to say that, on a wider basis, the CPS is developing a training package on these issues with input from the relevant leading organisations in the field.
Simon Hoare (North Dorset) (Con)
Alas, we have seen an increase in the use of all types of social media as a vehicle for all types of hate crime. What steps has the CPS taken, is it taking or does it plan to take to deal with all types of online hate crime?
The Solicitor General
Last month, the CPS published revised guidance committing it to treat online hate crime as seriously as offline offences, taking into account the impact on the wider community when deciding the question of prosecution in the public interest.
Michael Fabricant (Lichfield) (Con)
3. What progress the Crown Prosecution Service has made in improving conviction rates for offences of modern slavery; and if he will make a statement.
Martyn Day (Linlithgow and East Falkirk) (SNP)
4. What assessment he has made of the potential effect of the UK leaving the EU on the functioning of the different national legal systems in England, Northern Ireland, Scotland and Wales.
The Solicitor General (Robert Buckland)
The Ministry of Justice has had recent contact at ministerial and official level with counterparts in the devolved Administrations; they discussed how we work together on matters relating to Brexit that will affect the different legal systems in the devolved Administrations of Scotland and Northern Ireland. The Government have also engaged with Welsh counterparts to update them on matters affecting justice.
Martyn Day
The president of the Law Society of Scotland has said that there needs to be a “whole of governance” approach to the UK withdrawal from the EU that takes into account the devolved Administrations. Does the Solicitor General agree with that statement?
The Solicitor General
Yes, I do, which is why the Government are taking an approach that will ensure the required continuity and certainty, so that, where necessary, a UK-wide approach will be taken and, where appropriate, there will be devolution to the devolved Assemblies and Parliaments.
Stephen Kerr (Stirling) (Con)
Will the Solicitor General take this opportunity to reassure the House and Opposition Members that the leaders of all the devolved Administrations, in Edinburgh, Cardiff and Belfast, when we have one there, will be consulted and respected on the broader issues of Brexit, including those relating to his office?
The Solicitor General
I am happy to give that assurance and that is reflected in the bilateral work of government, where there is continuing dialogue at official and ministerial level. This is all about mutual respect and getting the best outcome, not only for Britain, but for all its constituent parts.
Holly Lynch (Halifax) (Lab)
5. What steps the Government are taking to ensure that the Crown Prosecution Service has adequate resources to tackle social media hate crime.
The Solicitor General (Robert Buckland)
The CPS prosecutes cases where they meet the test for prosecution. It allocates its resources accordingly, and will continue to do so, and I welcome its commitment to treat hate crimes on social media as seriously as other sorts of hate crime.
Holly Lynch
I am grateful for that response, but will the Solicitor General go further and outline what steps are being taken to address the significant variations in conviction rates across different regions, with particular reference to the 4.7% fall in successful convictions for religiously aggravated hate crime in 2015-16?
The Solicitor General
The hon. Lady is right to look in detail at regional variations. Overall, progress is still encouraging: the conviction rate for all strands of hate crime increased slightly again last year, and the number of hate-crime prosecutions has now reached record levels—it is in excess of 15,000. The answer to her question lies in the sharing of best practice among different regions. Earlier, I talked about engagement with the trans community in the north-east, and there are examples from other regions of how, if we work closely with the communities, we can increase conviction rates. In the hon. Lady’s area, work with disability communities has resulted in improved disability hate-crime prosecutions.
Joan Ryan (Enfield North) (Lab)
Earlier this year, the Kantor Centre identified an 11% increase in anti-Semitic abuse in the UK, much of which is driven by online and social media-based abuse. I am sure the whole House would want to condemn anti-Semitic abuse, but we need to do much more to tackle it, to prosecute it and to make it clear how unacceptable it is.
The Solicitor General
I am grateful to the right hon. Lady for raising the appalling crime of anti-Semitism. It is on the rise and it is not acceptable. We all need to speak out together to stamp it out. I am glad to say that the CPS is now encouraging prosecutors to look into the wider community impact, particularly of online hate crime, when they assess whether or not to prosecute. The right hon. Lady is right, and if we tolerate it online, the culture will gradually change and anti-Semitism will become mainstream. We cannot allow that to happen.
Thangam Debbonaire (Bristol West) (Lab)
6. What assessment he has made of the potential effect of the UK leaving the EU on the level of prosecutions for hate crime towards EU citizens.
The Solicitor General (Robert Buckland)
The Crown Prosecution Service does not disaggregate its data by victims’ nationalities, but it has a strong record in tackling racially and religiously aggravated hate crime. In 2015-16, there were just over 13,000 prosecutions for this type of hate crime. That was 84% of total hate-crime prosecutions, showing a 1.9% increase on the previous year.
Thangam Debbonaire
I am grateful for that response, but what I really need to know is what steps the Solicitor General will take to reassure my constituents, who tell me of increased hate crime directed at EU citizens. Local organisations that tackle hate crime, such as SARI—Stand Against Racism & Inequality—tell me the same thing. What will he be doing to reassure my constituents that their safety is valued and that the law will protect them?
The Solicitor General
The hon. Lady is right to say that all parts of our community deserve protection from the law. Only a few weeks ago, I was glad to take part in a hate-crime awareness campaign, which was launched alongside the CPS’s publication of new, revised guidelines, which particularly emphasise the scourge of online hate crime. I assure her residents and, indeed, those in my constituency that when such crimes are perpetrated, no effort will be spared in detecting the perpetrators and dealing with those crimes, because there is a clear public interest in doing so.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
In relation to crime, and bearing in mind the Government’s insistence on excluding the EU charter of fundamental rights, does the Solicitor General agree that it is wrong for them to allow what the Law Society of Scotland called
“the potential for the erosion of human rights”,
despite different parts of the UK having voted to remain in the EU?
The Solicitor General
I do not see an erosion in human rights. The Government are absolutely committed to our membership of the European convention. The charter of fundamental rights does not add anything substantive to UK human rights law, and the underlying principles of EU law will, of course, be brought into our domestic law by virtue of the European Union (Withdrawal) Bill. The hon. Gentleman can reassure his constituents that the Government are utterly committed to rooting out hate crime wherever it exists.
Diana Johnson (Kingston upon Hull North) (Lab)
7. What discussions he has had with the Crown Prosecution Service on cases involving domestic violence.