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Alex Chalk Excerpts(2 years, 1 month ago)
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The Attorney General
This Government have repeatedly shown, and rightly so, our support for victims and prioritising the rights of victims. The CPS publishes yearly data—for example, on the victims’ right to review scheme. Nearly 78,000 decisions were made that were eligible for the scheme, under 2,000 decisions were challenged and 270 were found to be wrong—that is 0.35%—but I want to apologise for any decisions that were wrong. Even in that tiny number, it is human lives that are involved. We have focused greatly on the rights of victims, and we will continue to do so.
Alex Chalk (Cheltenham) (Con)
Can I warmly welcome the reappointment of the Attorney General, and indeed the appointment of the excellent Solicitor General?
It is fantastic news that the number of rape prosecutions is now 30% higher than it was in the last quarter pre covid. Does the Attorney General agree that, if we are going to continue that progress, we need to widen the pipeline of referrals from the police? In that endeavour, we need to ensure that the redaction burden is reduced so that it is proportionate, so that those cases are passed to the CPS and victims get the justice they deserve.
The Attorney General
I commend my hon. and learned Friend for his time as Solicitor General. I reiterate, as he has done, that since the last time I was a Law Officer a year-plus ago, the number has increased by 30%, as he rightly says, which is extremely impressive. The CPS has set out its priority areas under the victim transformation programme and we are going to work to those.
Oral Answers to Questions
Alex Chalk Excerpts(2 years, 6 months ago)
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James Sunderland (Bracknell) (Con)
The Solicitor General (Alex Chalk)
In the past five years, the Serious Fraud Office has secured reparations for criminal behaviour from organisations it has investigated totalling over £1.3 billion. That sum is over and above the cost of running the SFO itself. In addition to recent convictions leading to fines and confiscation orders totalling more than £100 million, just this week Glencore Energy has indicated that it intends to plead guilty to seven bribery counts brought by the SFO in relation to its oil operations in Africa.
Jerome Mayhew
Serious fraud is too often conducted by the powerful and the rich, which makes it hard to investigate, difficult and complex. That is equally the reason why we must focus on this area above all to demonstrate equality before the law. Will my hon. and learned Friend say how many fraud trials the SFO will conduct this year, and the estimated value of those fraud cases? Does he have a plan to increase that number?
The Solicitor General
My hon. Friend is absolutely right. We cannot have a situation where, just because the fraud is complex, it is beyond the reach of the law. That is why I am pleased that this year the SFO is taking forward seven prosecutions involving 20 defendants on a total of 80 counts, comprising alleged fraud valued at over £500 million. The alleged frauds include investment fraud, fraudulent trading and money laundering.
James Sunderland
The Solicitor General will be aware that the Serious Fraud Office has recently suffered a series of humiliating defeats in the courts and received heavy criticism from judges, not least in the ENRC case last week, in which the High Court criticised a former SFO director for
“gross and deliberate breach of duty”.
Given that the taxpayer now faces a significant bill, will my hon. and learned Friend ensure that the report commissioned from Sir David Calvert-Smith is published in full so that this House can consider his recommendations?
The Solicitor General
My hon. Friend has raised two points: ENRC and the Sir David Calvert-Smith review. Those are, of course, separate matters, because the Unaoil matter is distinct. In respect of ENRC’s civil case against the SFO, it is important to note that the judge found against ENRC on the overwhelming majority of its allegations against the SFO. My hon. Friend is correct about the review being led by Sir David Calvert-Smith, which is focusing on the findings of the Court of Appeal in the Unaoil case. The Attorney General has committed to publishing the findings of the review, and I am happy to restate that commitment today.
Feryal Clark (Enfield North) (Lab)
Since 2016, the Serious Fraud Office has convicted just five fraudulent companies, but it has negotiated deferred prosecution settlements with another 11. Does the Solicitor General share my concern that when the SFO detects corporate fraud, its instinct is to negotiate instead of prosecuting and convicting those responsible?
The Solicitor General
The hon. Lady is right that it is always important to be vigilant about the point she raises, but I would make two points. First, in looking at the deferred prosecution agreements, we should just consider what has been achieved over the past five years: £1.3 billion has been taken off companies that have acted in a fraudulent way, in agreements sanctioned by the courts. As I have indicated, this year there will be seven trials in respect of 20 defendants on 80 counts, in respect of fraud worth more than £500 million. It is good news that just this week, Glencore has indicated that it will plead guilty to serious fraud, and it will be sentenced accordingly.
Madam Deputy Speaker (Dame Eleanor Laing)
I call the Chairman of the Select Committee, Sir Robert Neill.
Sir Robert Neill (Bromley and Chislehurst) (Con)
May I, on behalf of my fellow members of the Justice Committee, echo the welcome that has been given to the Prosecutor General for Ukraine?
The prosecution of serious fraud has had significant success and I am glad that the Solicitor General recognises that. I have written to him in relation to the Calvert-Smith report, as many of us believe that confidence in the system demands full publication. Will he commit to looking earnestly and carefully at the concerns about gaps in substantive criminal law which sometimes create greater challenges for prosecutors in corporate fraud cases, for example the test in relation to corporate liability in criminal cases and whether there is a case for a duty to prevent, as is the case in other common law jurisdictions?
The Solicitor General
As always, my hon. Friend makes an absolutely critical point. Yes, there are convictions taking place. We can talk about Glencore, Petrofac and others, but he is absolutely correct that we must consider whether the law is there to meet the changing circumstances. The point he makes about corporate criminal liability is one that we are looking at very closely, not least in light of the Law Commission’s conclusions. If there are gaps in the law, we will fill them.
James Grundy (Leigh) (Con)
The Solicitor General (Alex Chalk)
Stalking and coercive and controlling behaviour are serious crimes which disproportionately harm women. Prosecutions for both have increased in the years since the offences were created. In the case of coercive and controlling behaviour, they have risen from just five in 2015 to 1,403 in 2020-21. I am pleased to say that the conviction rate for domestic abuse cases in the last quarter for which data is available was 76%.
James Grundy
The Government first legislated to deal with stalking and coercive behaviour in 2012 and 2015 respectively. Can my hon. and learned Friend assure me that the Government will continue to prioritise tackling violence against women and girls?
The Solicitor General
My hon. Friend is right. Those are just two elements of violence against women and girls. I am pleased that in the last decade the Government have: outlawed upskirting; criminalised sending revenge porn images; created a standalone offence of non-fatal strangulation; passed the Modern Slavery Act 2015; introduced the Domestic Abuse Act 2021; banned virginity testing and hymenoplasty; and reversed the decision to automatically release sexual offenders at the halfway point of their sentences. Those who commit crimes against women should expect condign punishment.
Ian Paisley (North Antrim) (DUP)
Oral Answers to Questions
Alex Chalk Excerpts(2 years, 8 months ago)
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Mr Virendra Sharma (Ealing, Southall) (Lab)
The Solicitor General (Alex Chalk)
Tackling violence against women and girls is a central mission of this Government and, indeed, of independent prosecutors. More than 10,400 suspects were charged with domestic abuse offences in the most recent quarter for which data is available, with a conviction rate of more than 75%. Following a successful spending review, the Crown Prosecution Service is recruiting prosecutors and other staff to ensure that even more victims see justice done.
Mr Sharma
One of my constituents has provided multiple pieces of video evidence and repeatedly reported indecent exposure by a neighbour, aimed at his young daughters. The police repeatedly changed the staff who were handling the case, and then the CPS declined to prosecute for lack of evidence and because the flasher had moved. Will the Attorney General empower the CPS to prosecute more such crimes so that women and girls can have faith in the justice system to help them?
The Solicitor General
I am grateful to the hon. Gentleman for raising that important case. Under the victims code that we introduced in April last year, victims have the opportunity to seek a right to review—in other words, a right to ask the CPS to reconsider a decision—and I know many individuals will take up that opportunity. We have outlawed several offences, such as upskirting, coercive control and non-fatal strangulation, to ensure that more victims get the justice they deserve.
Rachael Maskell (York Central) (Lab/Co-op)
Felicity Buchan (Kensington) (Con)
The Solicitor General (Alex Chalk)
The Government’s plans on tackling financial crime are outlined in the economic crime plan, which recognises the important roles played by both the Crown Prosecution Service and the Serious Fraud Office. In the year ending September 2021, the CPS prosecuted over 7,600 defendants where fraud and forgery were the principal offence, and the conviction rate was 84.9%. Over the last five years, the SFO has secured reparations for criminal behaviour from organisations that it has investigated, totalling over £1.3 billion.
Suzanne Webb
I thank the Solicitor General for that answer. It is important that the Crown Prosecution Service and the Serious Fraud Office adapt to the ever more sophisticated techniques that criminals are using to commit fraud and evade prosecution. Can my hon. Friend share any examples where either the CPS or the SFO has sought to change its working practice to evolve with the changing nature of economic fraud?
The Solicitor General
My hon. Friend is absolutely right: the threat is evolving, which is why the Crown Prosecution Service has decided to merge its specialist fraud, organised crime, and international headquarter divisions into one new directorate—the serious economic, organised crime and international directorate. This will increase flexibility, enhance capacity, build resilience and ensure that learning is shared to improve expertise in tackling economic crime.
Felicity Buchan
I appreciate that answer. Can my hon. and learned Friend update the House on the process of replacing the services currently provided by Action Fraud and the National Fraud Intelligence Bureau?
The Solicitor General
The programme to replace the Action Fraud service is being funded as part of the £400 million investment in economic crime, so no additional money, as I heard sotto voce from the Opposition Bench. As well as continuing improvements to the reporting process, including the call centre and website, the new programme will also deliver vastly improved data and intelligence capabilities, and 350 new investigators and intelligence officers.
Tony Lloyd (Rochdale) (Lab)
Economic crime and fraud are not simply at the very top level; they are volume crime. They are the most likely crimes to affect ordinary people, and neither the police nor the authorities are equipped to deal with them. Is it not about time that we got serious on economic crime and made sure that we invested in the investigating process that can make a real difference, as that is not happening?
The Solicitor General
The hon. Gentleman is absolutely right: fraud is a cruel crime. It is not a victimless crime and it can destroy lives. That is why it is so important that the proper resources are allocated, as I indicated. A total of 7,600 individuals have been prosecuted for fraud, with an 85% conviction rate. We also have £400 million more going in. Moreover, over the past five years, £500 million has been secured by the CPS in confiscation orders, returning more than £120 million to victims of fraud.
Emily Thornberry (Islington South and Finsbury) (Lab)
At the heart of any legislation on economic crime is the basic principle that anybody who wants to make money in the UK needs to obey the UK’s laws. Yesterday, the Prime Minister said that P&O had “broken the law”, that we will be “taking action” against it, and that we will take it to court
“under section 194 of the Trade Union and Labour Relations (Consolidation) Act 1992”.—[Official Report, 23 March 2022; Vol. 711, c. 325.]
Can the Solicitor General tell us, as part of the team of Government lawyers, whether he agrees with the Prime Minister’s statement? Does the statement reflect the team’s own legal advice to the Prime Minister, and, assuming that it does, what are the next steps in the legal proceedings that the Government intend to take against P&O for breach of the 1992 Act?
The Solicitor General
The Government absolutely deprecate and abhor the actions that have been taken by P&O, and the Prime Minister was very clear about that. What we will not do is indulge in point-scoring, but we will take every possible step within the law. The right hon. Lady will understand that that requires an important liaison with the Insolvency Service to ensure that we know what the position is. If the law allows for a prosecution, I can tell her that this Government will not hesitate to take every action necessary.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
The Solicitor General (Alex Chalk)
I am grateful to the hon. Gentleman for his question. Economic crime is highly complex, often cyber-enabled and spans multiple jurisdictions. In recognition of that and to keep pace with the changing nature of crime, the CPS published its first ever economic crime strategy last year, which affirms its commitment to improving criminal justice outcomes and supporting victims. The conviction rate for fraud and forgery over the past period was 84.9%, and, as I indicated, in the past five years £568 million was enforced in respect of CPS-obtained confiscation orders.
Mr Sheerman
Has the Minister seen the Age UK report and the way that organised crime, which includes highly sophisticated big players, is targeting elderly people? A total of 800,000 elderly people were defrauded last year. Somebody is defrauded every few seconds in this country. These players are homing in on our most vulnerable people, and what we are doing as a Government—no, what he and his colleagues are doing as a Government—seems to be amateur when compared with these professionals.
The Solicitor General
That is why I am so delighted that at the spending review the Government allocated a full £400 million to boost efforts in the fight against crime—money that goes to the National Economic Crime Centre, the National Crime Agency and the police—together with 20,000 additional police officers. Those fraudsters need to understand that there is nowhere for them to hide.
Kate Osamor (Edmonton) (Lab/Co-op)
Oral Answers to Questions
Alex Chalk Excerpts(2 years, 9 months ago)
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Grahame Morris (Easington) (Lab)
The Solicitor General (Alex Chalk)
In 2020-21, the CPS prosecuted over 6,500 defendants for fraud, with an 85.6% conviction rate. Meanwhile, in the last five years, the Serious Fraud Office have secured court orders requiring the payment of over £1.3 billion from defendants to the taxpayer. We are determined to build on that to make the United Kingdom a more hostile environment for all forms of economic crime, including fraud.
Mr Sheerman
But the truth is that the scandal of the bounce back loans is enormous. We know now that financial crime is being driven by very sophisticated crime syndicates. My constituents want to know when the Government are going to get serious about this. Where is the economic crime Bill? Where is the real focus on trying to get these billions of pounds back? They have been stripped from the Government, under the most incompetent Chancellor of the Exchequer I have seen in my 40 years in Parliament.
The Solicitor General
To deal with that last point, I find that an extraordinary point to make. It was this Chancellor who ensured in the hon. Member’s constituency that the money was rolled out to save jobs in Huddersfield and we make absolutely no apology for that—millions of pounds to save lives.
Where the hon. Member is right is that fraud shatters lives and destroys trust. We are determined to deal with that. That is why this Government put £400 million in the spending review to support the National Economic Crime Centre and the National Crime Agency to ensure we crack down on fraud. He will see an awful lot more prosecutions, I assure him.
Grahame Morris
I thank the Minister for that response. However, overall, reports of fraud went up by 33% from 2020-21 but the number of police officers dealing with economic crime has increased by just over 6%. What is he doing to ensure the police and the prosecuting authorities are properly resourced to deal with the country’s rising tide of criminal fraud?
The Solicitor General
At the 2019 spending review, the CPS received over £80 million. At this spending review, the Government awarded an additional 12% to boost the number of prosecutors and the capability. In addition, as I indicated, £400 million is to be allocated to the NECC and the NCA. That is over and above the funding that has gone into the taxpayer protection taskforce: £100 million and 1,200 staff. This Government are serious about cracking down on economic crime and we are delighted to support those efforts.
Sir Robert Neill (Bromley and Chislehurst) (Con)
Might I say, Mr Speaker, that the Law Officers are entitled to perhaps a good half an hour of the House’s time as well?
The Solicitor General probably has more experience of prosecuting serious fraud hands on than anyone else in this House. From my own experience at the Bar, I know he is right when he says that fraud is not a victimless crime. Does he agree that we need a joined-up approach across Government to tackle this effectively, not just the excellent work that is being done to improve the Crime Prosecution Service’s results, but support from the Home Office to ensure that Action Fraud is not the black hole it is at the moment for many people who lose money in what are termed small-scale, lower-value frauds, but are massively important to them? At the other end of the scale, we need to look at tightening up our laws on corporate criminal responsibility, so we can catch the high-level fraudsters as well. We need approaches on all those fronts.
The Solicitor General
As so often, my hon. Friend speaks authoritatively. He is absolutely right that fraud shatters lives and can destroy people’s future in the process. He is right that we need to ensure that the most serious frauds are properly prosecuted—which is why the Serious Fraud Office has received additional funding in the spending review—but also that so-called lower-level crimes are properly resourced. That is why the special crime division of the CPS is doing important work, and why it is increasingly getting the resources it needs to ramp up its capability to take the fight to fraudsters.
Mr Peter Bone (Wellingborough) (Con)
This is hard to believe, but on 4 February this year Peter Swailes junior was sentenced for a crime that involved financial fraud. A person was kept in his shed for up to 40 years. The CPS managed to get a conviction, but he was not sentenced to any time in prison. I wonder whether the Attorney General would look at the case to see if it was unduly lenient.
Mr Speaker
I must admit, I would like an answer but we have to be careful that supplementaries really are linked to the question, which was about financial crime. I think the person mentioned in the hon. Gentleman’s question will have suffered financially as well so I am sure the Minister can answer accordingly.
The Solicitor General
We will of course look into that case. Sentencing is a matter for the independent courts, but there is a power to refer cases if they are unduly lenient. I am happy to give that case close attention.
Andy Slaughter (Hammersmith) (Lab)
Lord Agnew resigned as a Government Minister because the Treasury
“appears to have no knowledge of, or little interest in, the consequences of fraud to our economy or society.”—[Official Report, House of Lords, 24 January 2022; Vol. 818, c. 20.]
The Secretary of State for Business, Energy and Industrial Strategy should resign for saying that fraud is not a crime people experience in their day-to-day lives, but what about the Law Officers’ culpability? Will the Solicitor General tell us why, according to the latest figures we have obtained from his Department, the Crown Prosecution Service has cut the number of specialist fraud prosecutors by more than a quarter in the past six years, from 224 at the end of 2015 to 167 at the end of 2021?
The Solicitor General
I send our best wishes to the shadow Attorney General as she recovers.
The hon. Gentleman is not right in the way he characterises the Government’s approach. He did not mention, as I respectfully suggest he ought to have, the £100 million that was invested in the taxpayer protection taskforce. That is 1,200 staff who have dealt with 13,000 inquiries in respect of fraud and recovered £500 million already and expect to recover significantly more. It is not just about the CPS; what about the National Cyber Security Centre, which took down 73,000 scams last year? I am pleased to note that the CPS has received an additional 12% in funding over the course of this spending review period. It is ramping up its capability and taking the fight to fraudsters.
Dan Carden (Liverpool, Walton) (Lab)
Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)
The Solicitor General (Alex Chalk)
I meet regularly with the director of the Serious Fraud Office to discuss case work and corporate matters. I can confirm that the SFO is indeed investigating a number of suspected fraudulent applications for covid loans, but I can neither confirm nor deny that it is investigating frauds specifically connected to covid-19 contracts awarded by the DHSC.
Neale Hanvey
The Good Law Project has now uncovered the existence of an additional 18 VIP lane contracts, bringing the total to 68. Between them, they were awarded a total of £4.9 billion in personal protective equipment contracts. Gareth Davies, the head of the National Audit Office and the Comptroller and Auditor General, has said that the Department of Health and Social Care was
“open to the risk of fraud.”,
and that he has not received
“adequate assurance that the level of fraud losses are not material.”
What steps does the Attorney General, or the Minister, advise should be taken to uphold the rule of law and assure the House that contracts awarded through the Government’s VIP lane were not fraudulent?
The Solicitor General
It is extremely important that we in this House do not inadvertently misrepresent a judgment that has been made in the High Court. In the case that the hon. Gentleman refers to, the Court indicated that the arrangements did not confer any advantage at the decision-making stage of the process; that the company’s offers were very likely to have meant it being awarded contracts even without the arrangements; and that there was sufficient financial due diligence in respect of both sets of contracts. Without seeking to go behind the decision of the Court in that case, it is important that it is placed in its proper context. This Government will abide by the rule of law.
Caroline Ansell (Eastbourne) (Con)
The Solicitor General (Alex Chalk)
The SFO has had a very positive year in delivering on its commitment to recover the proceeds of crime. [Interruption.] If the hon. Member for Huddersfield (Mr Sheerman) will listen, so far in 2021-22 the SFO has obtained more than £44.5 million in new financial orders from the courts, and at the same time it has successfully recovered more than £45 million by enforcing these and existing orders. Those are the largest recorded sums obtained and recovered in a single year by the SFO.
Caroline Ansell
I thank my hon. and learned Friend for his response and hope that there is some hope therein for my constituents who, just two years ago almost to the day, wrote to me about their personal case of how the London Capital & Finance scandal had impacted them. In October of 2021, the only update offered by the SFO was that investigations were ongoing. What assessment can he make of that progress, and what hope can I offer my constituents?
The Solicitor General
I am grateful to my hon. Friend for very properly pressing this case on behalf of her constituents. The SFO continues to investigate the dealings of London Capital & Finance plc and associated companies. The size and complexity of those cases, including the sheer number of victims and witnesses, means that it can take a significant period for a full investigation to be carried out. I meet the SFO director regularly to discuss casework, and I can assure my hon. Friend that driving forward the fastest possible case progression is a priority for me and for the Attorney General. I want to end with this point: over the last five years, thanks to the work of the SFO, a full £1.3 billion has been returned to taxpayers over and above the costs of running the SFO.
Clive Efford (Eltham) (Lab)
The Minister will be aware of actions that have been taken against the Serious Fraud Office and individuals who work for it by those who seek to hide money—ill-gotten gains—that they wish to launder. It is disturbing that they can take action against individuals who work for agencies that are there to investigate such crimes and criminal behaviour. What action can be taken to protect those individuals from such abusive litigation?
The Solicitor General
I am happy to discuss that matter with the hon. Gentleman. Where criticisms are made of the Serious Fraud Office, we will have no hesitation in acting robustly and promptly. That is why, for example, just yesterday my right hon. and learned Friend the Attorney General ensured that an investigation was set up in respect of the findings in the Unaoil case.
Selaine Saxby (North Devon) (Con)
The Solicitor General (Alex Chalk)
New and refreshed training has been rolled out for prosecutors, information sharing between agencies is being improved and the CPS is developing a mental health flag on its case management system. These positive steps were recently recognised in a criminal justice joint inspection report.
Selaine Saxby
Does my hon. and learned Friend welcome the greater use of mental health treatment requirement orders for offenders subject to community orders or suspended sentences? Will he engage with Ministers across justice and health services to ensure that sufficient funding is in place to enable the long-term adoption of this approach in Devon?
The Solicitor General
Yes and yes. My hon. Friend is absolutely right to welcome the use of mental health treatment requirement orders, because they provide courts in Devon and elsewhere with a powerful tool to rehabilitate offenders at the same time as ensuring they are properly punished for their crimes. Thanks to record support through the NHS long-term plan funding, plans are on track to introduce primary care MHTRs to half of England by 2023.
Jim Shannon (Strangford) (DUP)
In addition to those with mental health disorders, people with other disabilities such as hearing impairment require additional support in court. This House has taken steps to make that happen for those who are hearing impaired. Can the Minister advise what services are deemed necessary for trial proceedings to take place for those with hearing impairment disabilities?
The Solicitor General
The hon. Gentleman raises a really important point. Whether someone is a victim, a witness or a defendant, they have the right to be able to hear what is going on in court. There are of course facilities already in place—hearing loops and so on—but the court retains the discretion to ensure that special measures are in place so that defendants can have the right to a fair trial and witnesses can have their voices heard.
Oral Answers to Questions
Alex Chalk Excerpts(2 years, 10 months ago)
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Jim Shannon (Strangford) (DUP)
I thank the Minister for that response. Not only is there clearly a need for successful prosecutions, but women—ladies—and girls feel particularly vulnerable and fearful in society today. What is being done across the UK to ease, protect and restore confidence among ladies and ensure that they feel safe on the streets of this country?
The Solicitor General (Alex Chalk)
I am grateful to the hon. Gentleman for raising that question. He is absolutely right, and that is why we have rolled out an increased number of independent sexual violence advisers. That is why we are rolling out a victims code, because complainants—
Mr Speaker
Order. This is a supplementary to the original question. Normally it is taken by the same person who answered the first question. I believe in job sharing, but this is taking it a little bit too far.
Rob Butler (Aylesbury) (Con)
The Solicitor General (Alex Chalk)
Effective disclosure is a vital part of the criminal justice process, and it is inseparable from the right to a fair trial. The Attorney General is now undertaking the first annual review of the disclosure guidelines to ensure that this complex area is continually monitored and that issues that can have such profound implications for securing justice for victims are identified and resolved.
Rob Butler
I entirely agree with the Solicitor General that providing defendants with full disclosure of the evidence against them is extremely important, but it is also vital to ensure that police are not taken away from their frontline duties by overly bureaucratic requirements. Currently, for example, local officers in Aylesbury have to spend many hours redacting video evidence they send to the CPS before a charging decision is made just in case it is eventually shared with the defence. What can be done to reduce this burden so that police can be where they are most needed, which is on the streets?
The Solicitor General
I am very grateful to my hon. Friend for once again raising a really powerful point. In my discussions with police officers up and down the country, this issue of redaction has arisen again and again, and he is right that this is creating a serious administrative burden that absorbs resources that could profitably be deployed elsewhere. That is why I can assure him that this issue is receiving very close and current attention, and I expect to say more on that shortly.
Ruth Cadbury (Brentford and Isleworth) (Lab)
While the digital data extraction forms that were imposed on survivors of rape are now, thankfully, a thing of the past, the culture that led to their introduction by the CPS and the police is, sadly, not. Could I ask the Attorney General how she is ensuring that women who come forward to report being raped receive the dignity, privacy and respect to which they are entitled?
The Solicitor General
The hon. Lady is absolutely right. It is incredibly important that when complainants are brave enough to make these allegations, they are not then subject to intrusive, unnecessary and disproportionate disclosure inquiries. Getting that balance right is extremely difficult. There is clear guidance in the Attorney General’s guidelines, and the case of Bater-James and Sultan Mohammed is there as well, but we need to go further to make sure that correct, proportionate and fair decisions are made.
Mr Speaker
I welcome to the Dispatch Box the shadow Minister, Andy Slaughter.
Andy Slaughter (Hammersmith) (Lab)
Thank you very much, Mr Speaker. It is a pleasure to be shadowing the Solicitor General—we have missed him in Shepherd’s Bush.
Last month the Court of Appeal ruled the conviction of Ziad Akle, prosecuted by the Serious Fraud Office, unsafe because there was a material failure of disclosure that significantly handicapped the defence. The court described this as a serious failure by the SFO to comply with its duty and said it was particularly regrettable given that some of the documents withheld had a clear potential to embarrass the SFO. It is difficult to imagine a more damning series of judgments on a prosecuting authority. The Attorney General, having recently expressed full confidence in the director of the SFO, has belatedly announced an inquiry, but the Attorney General superintends the SFO and her office line-manages the director, so will the Solicitor General confirm that this inquiry will be fully independent so that it can examine the Attorney General’s own role in this fiasco as well as that of the SFO and the director?
The Solicitor General
I am grateful to the hon. Gentleman for his question and for his kind welcome. That judgment was a significant one and we take it extremely seriously, but he is wrong to say that there was a delay, because the Attorney General moved very swiftly to institute a far-ranging and sweeping inquiry. That will take place, and it will take its time because we will need to consider extremely carefully what emerges from it. The SFO is an important prosecuting authority; it needs to do its job properly and fairly, and we will make sure it does exactly that.
Oral Answers to Questions
Alex Chalk Excerpts(3 years ago)
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Selaine Saxby (North Devon) (Con)
The Solicitor General (Alex Chalk)
The Law Officers regularly meet ministerial colleagues, as well as the Director of Public Prosecutions and others, to drive forward progress on what we all want to see: justice for victims of rape and serious sexual offences. Last week, I went to meet RASSO—rape and serious sexual offences—prosecutors at the Crown Prosecution Service west midlands, and was pleased to congratulate them on helping to secure several recent convictions, including that of a double rapist, Daniel Jones, who was later imprisoned for 17 years for his appalling crimes.
Alex Cunningham
A recent report from the National Audit Office states that rape cases are most at risk of collapse as people withdraw. Does the Minister agree that the Government are failing rape victims, who can wait years for their cases to be heard, leading many of them to withdraw from the process? Can he explain why the Government opposed Labour’s proposals, which would have enabled the fast-tracking of rape cases and the pre-recording of victims’ evidence?
The Solicitor General
That is because there are already active measures to pre-record evidence, as the hon. Gentleman should know. He is absolutely right that we need to speed up the system. That is why “RASSO 2025” was published by the CPS; that is why there is a joint national action plan between the police and the CPS to improve file quality; that is why there is an end-to-end rape review; and that is why the Government have put £80 million into the CPS to ensure that justice can be done.
Selaine Saxby
Local community safety partnerships across Devon and Cornwall estimate that in 2019-20 there were 23,000 victims of sexual assault across the two counties, including in my own constituency. How will the Minister ensure that local leaders are given the powers and tools they need to hold all criminal justice agencies, including the CPS, to account locally for delivering the progress that is so needed on prosecutions?
The Solicitor General
I thank my hon. Friend for her excellent question. She is a tireless champion of this issue in North Devon. Every agency, from the police to the CPS to Whitehall Departments, has been mobilised to drive improvements in outcomes for these complex and sensitive cases. As well as launching “RASSO 2025” by the police and the joint national action plan, the Government are investing heavily in the recruitment of ISVAs—independent sexual violence advisors—to support complainants through the court process. I will just say this: it is early days, but initial data is positive. The number of rape prosecutions in the second quarter of this year was 14% higher than in the last quarter pre-covid, and the number of convictions 16% higher over the same period.
Andrew Gwynne (Denton and Reddish) (Lab)
The rape review lumps together spending on tackling domestic violence and rape. The headline figure is £176 million, but £125 million of that is for refuge accommodation. That is vital, but it is nothing to do with improving victims’ experience of the criminal justice system or improving rape convictions. Can the Minister explain just how much new funding he has secured from the Treasury to support rape victims to get justice?
The Solicitor General
I am very glad that the hon. Gentleman raised that point. He is absolutely right that refuge accommodation is very important, but it is not everything. One of the things that I am very proud of is that an additional £27 million is going on recruiting 700 independent sexual violence advisers and independent domestic abuse advisers. Those individuals can provide critical support to people who, frankly, might find the whole process forbidding. Also, we have done work to publish the victims’ code in April 2021, which provides victims with the rights that they deserve.
Jim Shannon (Strangford) (DUP)
I understand the Minister’s response well, but this is not just about cases going to court more quickly to have them processed. It is also about those ladies and rape victims who are very vulnerable and very lonely. What will happen in the time period until the case is heard to ensure that they have the assistance and help that they need, from every point of view?
The Solicitor General
The hon. Gentleman makes an excellent point. One of the other things that we have done is to increase funding for rape support centres by two thirds so that individuals know that they are not alone. The constant refrain from individuals will be, “I didn’t feel supported”, but it would be quite wrong for the message to go out suggesting that there is not that support. This is what victims said after a case recently in my county of Gloucestershire. Victim B said:
“I would just like to say how happy I am with the whole criminal justice system. The support offered is amazing.”
Victim C said:
“The support from the police and GRASAC (Gloucestershire’s Rape and Sexual Abuse Centre) has been amazing”.
That support is out there and we want to make sure it is there in ever greater quantities.
Sir Robert Neill (Bromley and Chislehurst) (Con)
I welcome the Solicitor General to his place for his first departmental questions. He brings massive personal experience to cases of this kind and has prosecuted exactly these sorts of cases. Does he agree that there has been significant improvement in the treatment of victims, particularly after the revision of the Crown Prosecution Service legal guidance—for example, in the awareness of trauma and the impact that that has on victims—and in getting the right balance in dealing with digital evidence? Is it not important now that we maintain the capacity of the courts system to bring these cases to trial in the timeliest fashion in terms of judges, court availability and quality, experienced advocates to deal with these important prosecutions?
The Solicitor General
I am grateful to my hon. Friend for his kind words. As always, he is absolutely right: we have to strike this important balance in respect of digital evidence to ensure that the evidence to put people behind bars is appropriately obtained without compromising the right to a fair trial. No one here wants to do that. He is absolutely correct about capacity as well. The Lord Chief Justice has made that point very powerfully and it is one to which we are acutely alive.
Ellie Reeves (Lewisham West and Penge) (Lab)
I also welcome the Solicitor General to his place. When asked by Sky News about rape prosecutions, the Prime Minister said that the CPS is not taking rape prosecutions seriously enough. He also refused to commit to the Government’s promise in their rape review to restore rape prosecution rates to 2016 levels by the end of this Parliament. Does the Solicitor General agree with the Prime Minister’s comments? Is this not just another example of victims being abandoned by this Government?
The Solicitor General
No, that is not the case at all. The really important thing is to look at the actions. One of the things that I was very heartened by in this year’s spending review is that the additional funding that is going into the CPS is extremely significant—it is £80 million. To put that into concrete terms, that means that there will be an additional 100 RASSO prosecutors. The ones I met in CPS west midlands were incredibly motivated, diligent, decent and determined individuals. The Prime Minister is very clear about wanting to see improvements, and he is getting behind it by providing pounds, shillings and pence.
Duncan Baker (North Norfolk) (Con)
Edward Timpson (Eddisbury) (Con)
The Solicitor General (Alex Chalk)
The Law Officers frequently meet the CPS and colleagues in the Ministry of Justice and elsewhere to progress the recovery of the criminal justice system. It is welcome that the Government have significantly increased the budget for the CPS with an additional £85 million at the 2019 spending review and a 12% uplift over the period of this spending review, to help to recruit and retain prosecutors and modernise digital infrastructure. Court capacity plainly plays a part, too; I commend my hon. Friend for his work to increase the judicial retirement age, which will make an important difference.
Edward Timpson
You will know, Mr Speaker, that I was delighted that the Government took up the cudgels of my private Member’s Bill—the Magistrates (Retirement Age) Bill—and are now legislating to raise the retirement age of magistrates from 70 to 75. On its own, however, that will not solve the substantial backlog that we still have in our courts, particularly our magistrates courts. What other measures can be taken in the meantime, over and above what is already happening, to ensure that we can get through it? Justice needs to be done fairly, but also efficiently.
The Solicitor General
As always, my hon. Friend makes an important point. Magistrates courts hear more than 90% of all criminal cases—a point that is not always given the emphasis that it might be. In some parts of the country, magistrates courts have cleared their backlogs completely; indeed, some did so many months ago. To support that recovery, the Government took measures including sitting additional courts on Saturdays and installing plexiglass in more than 450 courtrooms. We want to keep up that momentum with the so-called trial blitz courts planned for later this year. We are fortunate in this country to have dedicated and public-spirited magistrates who continue to do an exemplary job in ensuring that justice is done.
Several hon. Members rose—
The Solicitor General (Alex Chalk)
Hate crime can have a devastating impact on individuals and communities. In the last year, the CPS prosecuted more than 10,000 such offences; in 79% of those cases that resulted in a conviction, the court agreed to impose a sentence uplift to reflect this important aggravating factor. Let the message go out: those who seek to divide our society through hate can expect a robust response.
Bob Blackman
Hate crime is clearly a serious concern right across this country. Do local Crown Prosecution Service areas have all the resources that they need to take these measures on and prosecute people for hate crime?
The Solicitor General
Yes, and those resources are growing. CPS London North maintains hate crime co-ordinators and inclusion and community engagement managers to provide a single point of contact on all aspects of hate crime prosecution. It has achieved some of the highest sentence uplift statistics anywhere in the country, with increases handed down in 83% of cases.
Laura Trott (Sevenoaks) (Con)
Kevin Hollinrake (Thirsk and Malton) (Con)
The Solicitor General (Alex Chalk)
Through its three national central casework divisions and 13 regional complex casework units, the CPS continues to work with the National Crime Agency and other criminal justice partners to bring offenders to justice for a range of serious crimes, including serious and organised crime, terrorism, and serious and complex economic crime.
Kevin Hollinrake
The Serious Fraud Office has made clear that a new criminal offence of failure to prevent economic crime would significantly increase the number of successful prosecutions for fraud. What steps are we taking to bring that about?
The Solicitor General
My hon. Friend is right to raise this issue. Economic crime is not a victimless crime; it strikes at the very heart of the society that we want to be. I am pleased to see that the Law Commission published its discussion document on corporate criminal liability earlier this year. Both the CPS and the SFO provided input, and took part in a series of events to share their operational insights. The Law Commission is aiming to publish an options paper early next year, and will then work with the Government to implement any next steps.
Media Diversity
Alex Chalk Excerpts(4 years, 9 months ago)
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Alex Chalk (Cheltenham) (Con)
I am sure that the BBC itself would accept that it needs to go further. In 2017, its BAME representation was 14.8% across the workforce. There is more to do, but does my hon. Friend agree that it is endeavouring to improve the situation?
Nigel Adams
I believe that the BBC is incredibly conscious of this. I think the numbers may have crept up a little bit, but there is still an awful lot more to do.
The BBC has conducted reviews on improving its diversity, and it is continuing to implement those findings. It has announced that it will be appointing two advisers to every senior leader group across the business to increase BAME representation at senior levels. The Government expect the BBC to make significant progress in delivering against those challenges, including on the proportion of women and BAME people represented in its leadership.
Economy and Society: Contribution of Music
Alex Chalk Excerpts(4 years, 10 months ago)
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The Minister for Sport, Media and Creative Industries (Nigel Adams)
I congratulate all right hon. and hon. Members on their contributions and, in particular, the hon. Member for St Helens North (Conor McGinn) on bringing this incredibly important debate to Westminster Hall today. The interest shown in the debate is testament to the essential role played by music in our national life. I know that the hon. Gentleman is a keen music fan, he has a stunning voice—so I am led to believe—and he is a Classic FM fan. Ms McDonagh, you may be surprised to learn that the hon. Member for St Helens North is also a Rod Stewart aficionado. That took me by surprise, and no doubt at some point we may hear more about it.
I apologise because, given the time constraints, I might not be able to address all the issues and points raised today, but could I add my voice to those who have congratulated the outgoing chief executive of UK Music, Michael Dugher, who has done an incredible job for the sector in his time there? We wish him well in his new career, where I am sure he will also do an incredible job. We also congratulate Andy Heath, the outgoing chairman, who has a fantastic reputation within the industry and has also done a fantastic job stewarding the excellent organisation that is UK Music.
I will also quickly mention and congratulate Billy Ocean, who is 70 today—would you believe it? And of course we cannot forget Baby Spice, Emma Bunton, who has her 44th birthday today. I cannot believe that, either.
I will respond to some of the points raised in the debate, not least the point that the contribution of the music industry is not just economic. There is a huge body of evidence pointing to music’s positive impact on wellbeing, skills and employment, and in the reduction of anti-social behaviour and crime. It is not just about the money. We are supporting initiatives such as the National Academy for Social Prescribing, which the hon. Member for Stretford and Urmston (Kate Green) mentioned, to enable GPs and other healthcare professionals to refer people to a range of local non-clinical services.
The hon. Member for St Helens North mentioned tax reliefs, which have been successful in the film sector. As set out in our response to the Digital, Culture, Media and Sport Committee’s live music inquiry last year, creative sector tax loops are kept under review to ensure their ongoing effectiveness. I have spoken with music industry representatives and I am happy to receive any evidence-based proposals for a tax relief for the sector.
The hon. Gentleman also talked about the music export growth scheme, which has been incredibly successful. Music is an extraordinary export for the UK because of its economic value and, as everyone will know, the soft power influence it has around the world. The MEG scheme has been helpful in ensuring bands and artists such as Wolf Alice can be promoted and travel overseas. I recently met the Minister for Investment and spoke to him about the importance of these schemes. We look forward to working in partnership with his Department and the music industry, to ensure that talent can access key overseas markets.
The hon. Gentleman also mentioned copyright, as did the hon. Member for Perth and North Perthshire (Pete Wishart). We support the overall aims of the copyright directive, but our imminent departure from the EU means that we are not required to implement it in full. It is imperative that we do everything possible to protect our brilliant creators, as well as the rights of consumers and users of music. I look forward to working with the music industry to ensure we achieve that and, as I have said on many occasions, I will work to ensure that we stop the exploitation of our artists here in the UK.
Alex Chalk (Cheltenham) (Con)
The Cheltenham Festival of Performing Arts provides fantastic opportunities for young people to develop their skills and build their confidence, but organisers have indicated that the Education (Pupil Registration) (England) Regulations 2006 place onerous requirements on licensing each individual before they can perform. Will the Minister meet me to discuss how we can have a proportionate system, to ensure that such fantastic festivals are not put at risk through bureaucracy?
Nigel Adams
I certainly will. In fact, I will come to my hon. Friend’s constituency to discuss that important issue. If we can time that with another major sporting event in his constituency, that will go down well.
My hon. Friend the Member for Somerton and Frome (David Warburton), who represents Glastonbury and chairs the all-party parliamentary group on music, mentioned access to music in state schools, which is imperative. We are committed to ensuring all children have a broad and balanced curriculum, and the arts are a key part of that. We are revising the national plan for music education and, as part of that work, developing a model music curriculum created by an independent panel of experts.
My hon. Friend the Member for Henley (John Howell), an accomplished organist and clarinettist, also talked about music education, and we absolutely recognise its importance. I am sure he will welcome the recent announcements that reflect our ambitions on that, including £80 million for music education hubs on top of the £300 million allocated between 2016 and 2020.
The hon. Member for Cardiff Central (Jo Stevens) also referred to live music acts. We do not believe it is necessary to undertake post-legislative scrutiny of the Live Music Act 2012 at this stage. It was introduced to deregulate some of the requirements of the Licensing Act 2003, to help grassroots venues. Full scrutiny was undertaken in 2017 to inform the Government response to the report of the House of Lords Select Committee on the Licensing Act 2003. It was concluded that that was working broadly as intended.
Many hon. Members rightly mentioned our exit from the EU and visas for touring musicians, particularly the hon. Member for Cardiff South and Penarth (Stephen Doughty), who—we have such a wealth of talent—is an accomplished artist. Touring is the lifeblood of the industry and we recognise the importance of the continued ease of movement of musicians, equipment and merchandise once we have left the EU. Visa rules for artists performing in the EU will not change until the implementation period ends in December 2020. They are being considered, and we welcome the views of all hon. Members and the industry on movement within Europe. It is essential that free movement is protected for artists post 2020.
Nearly everyone mentioned music venues, including the hon. Member for Sheffield, Heeley (Louise Haigh). She has a stunning singing voice. I was quite surprised and impressed at how great the Opposition Members’ singing voices are. That is great news and I look forward to hearing more of it. The hon. Member for Pontypridd (Alex Davies-Jones) gave her first performance here in Westminster Hall, which was as impressive as the voices of the choir at the Millennium Stadium—I have had the pleasure of listening—which certainly intimidates opposition teams.
The hon. Member for Manchester, Withington (Jeff Smith), a former DJ, was right to mention dance music. He mentioned grassroots music venues, as did the hon. Member for Glasgow Central (Alison Thewliss). We believe those spaces must be allowed to prosper, so we have taken a number of measures that have been mentioned to support this important sector, including the introduction of the Live Music Act 2012 and the agent of change principles. The Arts Council put in a fund of £1.5 million to support grassroots venues. In our manifesto we committed to changes in business rates for music venues. I look forward to receiving more detail on that further support for music venues soon.
The hon. Member for Perth and North Perthshire was right to raise the issue of diversity. Again, he is a man with no small history in the music sector, having sold 2 million albums with Runrig—and 17 with MP4. We believe that equal access to music opportunities should be available to all. The Creative Industries Council recently published its diversity charter, which commits the industry to act to create a more diverse workforce.
The hon. Member for Cardiff West (Kevin Brennan) rightly mentioned shared parental leave. We are not ruling out further support for self-employed parents and the evaluation of shared parental leave is ongoing. We will report on that and publish the Government response to the consultation in due course.
To conclude, this Government are committed to continuing to support the fantastic UK music industry at home and abroad. I recognise the need to consider introducing a comprehensive music strategy. We want our music industry to continue to be the envy of the world.
Oral Answers to Questions
Alex Chalk Excerpts(4 years, 10 months ago)
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Alex Chalk (Cheltenham) (Con)
The CPS’s ability to successfully prosecute offences of domestic violence, or indeed any offence, is being undermined by prisoners not being produced at court—a trial at the Old Bailey has sat idle for two days this week for that reason. Does my right hon. and learned Friend agree that more needs to be done to hold those responsible for such an important job to account so that courts are not lying idle, affecting victims and witnesses? Frankly, it is a crazy situation that is not fair on the taxpayer.
The Solicitor General
That is a very good point, and my hon. Friend has considerable experience of prosecutions and the court system. The reality is that we expect those who are responsible for delivering defendants to court to do so efficiently, and of course, in the vast majority of cases, they do that. If there are cases that he wishes to bring to my attention so that I can make direct inquiries, he should please do so.
Online Pornography: Age Verification
Alex Chalk Excerpts(5 years, 1 month ago)
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Alex Chalk (Cheltenham) (Con)
The Government’s approach seems to be, “Give us more time and we can produce a better system”, so, as parents, when can we be satisfied that there will be a system in place that will protect our children from the corrosive effects of online pornography?
Matt Warman
My hon. Friend characterises our response absolutely correctly. It is time that will allow us to produce the best possible solution for protecting children. We will be responding to the online harms consultation by the end of the year and bringing forward legislation for pre-legislative scrutiny in the new year.