(4 years, 6 months ago)
Commons ChamberThe hon. Gentleman makes a very important point. We need to go as far as we possibly can to support vulnerable victims throughout the court process. The CPS is at the forefront of implementing section 28 pre-recorded cross-examination, which aims to allow vulnerable victims to give evidence in advance of trial so that they can have a better experience of the process. I encourage him to look closely at the Domestic Abuse Bill, which contains considerable provisions to protect vulnerable witnesses throughout the court process.
I congratulate my right hon. and learned Friend on her new post; I am sure that she will do an excellent job.
With 100 arrests a day for alleged domestic violence in London alone, clearly the problem is getting worse. What action can my right hon. and learned Friend take to ensure that the victims of domestic abuse feel safe to give evidence against the perpetrators? At the moment, they fear reprisals and are not in a safe position.
This is an important point. A range of protections is available for victims so that they can give evidence in such situations. Prosecutors can apply for special measures, including a screen, or for evidence to be given via video link, so that victims do not need to have contact with their abuser in the trial process.
(5 years, 11 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
The hon. Gentleman talks about backbone. It is time for him and his colleagues to show some backbone and to back a deal that serves the interests of Scotland, Northern Ireland and the rest of the United Kingdom in a way that could not be achieved by any other Prime Minister.
For the avoidance of doubt, will my hon. and learned Friend advise the House on what the role of the Attorney General is in advising the Government and this House?
As I think most hon. and right hon. Members know, the role of the Attorney General is to be the Government’s chief legal adviser. He has a role in advising the Cabinet. He is not a member of the Cabinet but he attends Cabinet. The advice that might or might not be given can assist in collective Cabinet decision making. He is the lawyer, and his client is the Government. That lawyer-client relationship allows for the lawyer to provide impartial and proper legal advice, unencumbered by political considerations. That is why the convention exists. That is why it must be maintained.
(8 years, 4 months ago)
Commons ChamberAs the hon. Gentleman quite correctly observes, we have a new Prime Minister and we also have a new Secretary of State for Justice. Both have been in office for only a little over a week, so the hon. Gentleman will have to be a little more patient.
9. What recent discussions he has had with the Director of Public Prosecutions on the prosecution of hate crime.
10. What recent discussions he has had with the Director of Public Prosecutions on the prosecution of hate crime.
I discuss this matter regularly with the DPP, and the Government will publish their hate crime strategy very shortly.
I thank my hon. and learned Friend for his answer. Given the terrible terrorist atrocities in Nice, Paris and, recently, Germany, many people in this country are fearful that because of their religion or the colour of their skin, they will be the subject of hate crime. What assurances can my hon. and learned Friend give to those people that we will prosecute, to the full extent of the law, anyone involved in hate crime?
The Department for Work and Pensions takes its responsibilities for these issues extremely seriously, and it has, in fact, been strengthened by having an additional “half a Minister”. I think it trivial to focus on a job title when what we are seeking to do is give qualified, competent and determined people the right roles.
I congratulate my right hon. Friend the Minister on her appointment. One of the key decisions that she will have to make very quickly relates to the close of the two-year period of discussion of caste discrimination. I have already written to her, but will she undertake to meet me and a delegation from the Hindu community who are determined to see that illogical discrimination removed from the statute book?
I should be happy to meet the hon. Gentleman. I will locate his letter at the Department, and read it very carefully.
(8 years, 6 months ago)
Commons ChamberThe hon. Lady will recognise that the report from the chief inspector, which I asked him to produce in order to look at the way in which the Serious Fraud Office is governed, was a very balanced report that also put forward some very positive points about the way in which the Serious Fraud Office has improved under the direction of the current director. She is right, however, that questions were asked about the funding model. There is a balance to be struck, as I indicated to the hon. Member for Huddersfield (Mr Sheerman). We have to make sure that the Serious Fraud Office has the money it needs, and we will. The director will never refuse to proceed in a case for lack of funding, so there is no Treasury veto as she suggests. However, we have to balance the need for that money with the need not to have unused capacity that is being paid for by the taxpayer. The blockbuster funding model has so far been considered to strike that balance correctly, but I will of course look carefully at what the chief inspector says, and we will consider whether further change is appropriate.
4. What recent steps he has taken to promote (a) public legal education and (b) the provision of pro bono legal services.
6. What recent steps he has taken to promote the provision of pro bono legal services.
As Government pro bono champions, the Attorney General and I continue to support, through our co-ordinating committees, a number of projects that reinforce how important pro bono work and public legal information are, not just domestically but internationally.
Clearly the actions of certain lawyers bring the profession into disrepute, but thousands of people across the country achieve justice through pro bono work. Does my hon. and learned Friend agree that lawyers who give their time free of charge are helping justice in this country?
In the last financial year, £601 million-worth of work was provided pro bono by lawyers in private practice—that is, barristers, solicitors and legal executives. They recognise that the time they give makes a real difference to people who would otherwise be denied access to justice.
(9 years, 1 month ago)
Commons Chamber3. If she will bring forward legislative proposals to repeal the provisions relating to caste discrimination in the Enterprise and Regulatory Reform Act 2013.
The Government completely oppose caste discrimination and the judgments in the Tirkey v. Chandhok case suggest that legal protection against such discrimination already exists under the Equality Act 2010. We are considering the legislative position in the light of those judgments.
I thank my right hon. Friend for that answer. She will be aware that the case was brought under the Equality Act 2010, not the ill-thought-out and unnecessary amendment made in the other place to the Enterprise and Regulatory Reform Act. This unnecessary and divisive legislation has caused consternation in the Hindu community. Will she undertake not only not to trigger that legislation but to repeal it so that the Hindu community will know where it stands legally?
I thank my hon. Friend for that question and I know that he feels passionately about this matter. There are, of course, strong opinions on both sides of the debate. It is important, given the case that I have just mentioned, to remember that the law as it stands has changed because of that judgment. A litigant could now seek to bring a case of caste discrimination in an employment tribunal using the ethnic origin provisions in the Equality Act, which is why we should take time to look at the judgment before making further decisions.
(9 years, 4 months ago)
Commons Chamber1. What steps the CPS is taking to ensure its prosecutors will be able successfully to prosecute the criminal offence of forced marriage.
2. What steps the CPS is taking to ensure its prosecutors will be able successfully to prosecute the criminal offence of forced marriage.
I thank my hon. and learned Friend for that answer. Clearly, we want to rid society of this scourge. Will he update the House on how many prosecutions have been brought to court and how many are in the pipeline?
From 2010, particular offences that involve forced marriage as a key element have been flagged by the CPS. I am happy to report that the volume of completed prosecutions in the last year, 2014-15, rose to 46, the highest ever. There is more work to be done, but the progress is encouraging.
(9 years, 9 months ago)
Commons ChamberAbsolutely. The hon. Gentleman revels in his 2011 nomination for the Total Politics Labour point-scorer of the year. In fact, he has plastered the information all over his website. To answer his question specifically, since December, 1.3 million have been added to the register. Each day and each month, more people are being added to the register, so it is about time the Labour party stopped creating fear and uncertainty where there is none.
15. What measures is my hon. Friend taking to ensure that people who live overseas and wish to register to vote are able to do so? Equally, has he taken account of the fact that people who have lived overseas for longer than 15 years should also have the opportunity to vote in this country?
The puns come thick and fast. Perhaps the hon. Gentleman will explain why his party blocked party political funding reform recently, and whether his question was written by one of his trade union paymasters. Being lectured by the Labour party on how parties are funded really takes the biscuit.
T3. Will my right hon. Friend tell us what proposals are being made to devolve stamp duty to local authorities, and will he tell us about the other fiscal measures which, I understand, are being announced elsewhere today?
As my hon. Friend will know, a number of steps have been taken to devolve and decentralise what has traditionally been the very over-centralised way in which we raise and spend money. We are not just devolving unprecedented fiscal powers to the various nations in the United Kingdom, but, for instance, giving greater borrowing powers to local government in England. However, the journey is not yet complete, and, in my view, further steps towards further fiscal devolution and decentralisation should be taken in the years ahead.
The hon. Gentleman is right to be impatient—we all are—for progress in tackling this scourge. It exists not just here at home, but internationally. We have criminal justice advisers and liaison magistrates in 20 countries where we know that human trafficking is a source problem. Human trafficking will not be tackled just within these shores. The effort has to be international.
8. What assessment he has made of the benefits of increased digital working by the Crown Prosecution Service; and what estimate he has made of potential savings from such changes.
The Crown Prosecution Service (CPS) has made substantial progress in implementing digital working with other criminal justice agencies. Almost all police forces are now transferring over 90% of case files electronically. Savings are being made through business process change and other economies. By 2015-16, the CPS estimates that savings of approximately £30 million per annum will be achieved.
Clearly, there are benefits from not losing documents and removing huge piles of paper from cases. What further measures can my hon. and learned Friend take to speed up the process so that the interests of justice are served?
My hon. Friend is right to talk about more measures. That will come through initiatives such as the common platform between the Courts and Tribunals Service and the Crown Prosecution Service, so that everybody in the courts system is using digital technology. That will achieve real savings in the long term.
(13 years, 9 months ago)
Commons ChamberWe have had an excellent debate. Indeed, it has shown the House at its best: the opportunity to debate the issues of the day, without being whipped on how we vote at the end.
I come to the debate not as a lawyer but with a background in science and mathematics, and as such I treat these issues with logic. My starting point is that Parliament sets the rules—it sets the laws. It decides what is a criminal offence and what is not, and what the range of a sentence should be when someone has broken the law and is guilty of such a criminal offence. It is then for the judges to determine, after someone has been found guilty, what sentence they serve, and the current position is clear: if they are imprisoned, they lose their right to vote.
There is a grave danger, however, in our saying to the judges, “You can decide whether someone should be sent to prison, how long they should lose the vote for, and whether it should be three months, six months or whatever.” Equally, there is an inherent danger, because judges might have in the back of their minds the fact that, if they sentence someone to two years’ imprisonment, that person will lose their vote, but if they imprison them for only one year, that person will keep it. That would leave the judges to make the judgment. That is fundamentally wrong in society, and we should shy away from it.
Is not the solution that judges should have discretion over whether to withhold the right to vote rather than its being part of a sentence?
The logic that flows from that is that when judges decide that someone goes to prison, that person should lose their right to vote, full stop, without any slippery slope in the other direction.
I am not saying that I agree with my hon. Friend, but judges already have a power to decide whether someone can stand for Parliament, because someone who serves more than a year in prison cannot stand for election as a prisoner, but someone who is serving less than a year can stand and be elected to this House.
I thank my hon. Friend for that intervention.
I would argue strongly that the Government should not make any proposals that place limitations on the time served before someone has their vote taken away. That is a slippery slope, and we should not allow the judiciary to take that position. We should clearly adopt that position as a House.
Having had this challenge from the Court of Human Rights in Strasbourg, to which we must respond, we have heard in this debate the voice of the House of Commons. I suspect that when we come to vote there will be an overwhelming majority in favour of this motion. The Government could therefore propose very simple legislation saying that anyone convicted of a criminal offence that results in their going to prison loses their right to vote. That will respond to the challenge that the Court of Human Rights has set us. The House of Commons will consider that legislation, as will the House of Lords, and it will command respect and endorsement from all parties in the House. That will end this ongoing argument with the Court of Human Rights once and for all, and reassert the sovereignty of this Parliament and its position over the Court of Human Rights.
Why should we not suggest that to the Government? We have heard many ideas from colleagues on the approach that we should take. I ask the Attorney-General and the Government to take note of all the suggestions that we have put as Members of the House of Commons and come forward with simple legislation that we can all endorse and support. That will send a strong message to the people who would subvert our democracy and try to prevent our Parliament from being sovereign. It will tell them that that is our answer, and that it is clear and unambiguous, once and for all. I strongly support the motion.