Oral Answers to Questions

Dominic Grieve Excerpts

Tuesday 4th June 2013 Commons Chamber

[Andrew Griffiths (Burton) (Con)]

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

[The Attorney-General (Mr Dominic Grieve)]

I have held discussions with the Director of Public Prosecutions in relation to the CPS public consultation on the interim guidelines on prosecuting cases involving communications sent via social media. The public consultation closed on 13 March 2013 and the final guidelines will be published shortly. I would like to emphasise that libel itself is not a criminal matter unless it is grossly offensive, indecent, obscene, menacing or threatening.

[Andrew Griffiths]

My constituent Jordan Agar died tragically the day after his 16th birthday in a motorbike accident. Tragically, his mother was then contacted by a fake Facebook profile set up in Jordan’s name with messages such as “Don’t worry mum, I’m not dead. I’ve just run away.” When apprehended, the 21-year-old culprit was given a caution; having once remained anonymous on the internet, he then remained anonymous under the law. What can be done to make sure that mothers such as Jordan’s never have to go through such a thing again?

[The Attorney-General]

I am troubled to hear my hon. Friend’s story. Obviously, it is impossible for me to comment on an individual case. What is clear is that the interim guidelines, already in existence, provide, particularly under the Malicious Communications Act 1988, clear grounds on which such a message could be prosecuted because it is offensive, shocking or disturbing and harasses the person who receives it. The harassment aspect would normally take it straight into the criminal domain. The guidelines are designed to strike a balance. Sometimes things that are merely offensive will not be criminal, but what my hon. Friend described seems to me to be well on the wrong side of the line.

[Keith Vaz (Leicester East) (Lab)]

Social media are also being used by those involved in propagating terrorist activity. Is the Attorney-General to be part of the new taskforce? If not, what discussions is he having with social media providers about the use of social media for those purposes?

[The Attorney-General]

First, I advise any Minister, Cabinet Committee or, indeed, taskforce if that advice is required. Secondly, as I suspect the right hon. Gentleman knows, I have had quite a lot of involvement in considerations of whether contempt of court, for example, is taking place, or whether issues may arise in respect of misuse of the internet. I can be in a position to help my colleagues in Government on all those things, but the policy lead will obviously lie elsewhere.

[Jeremy Corbyn (Islington North) (Lab)]

Obviously, libellous or criminal messages on social media are illegal and wrong, and action can be taken on them. However, can the Attorney-General assure us that he will be cautious about proposing excessive controls on social media, which are an important form of free expression for many people of different opinions and views who want to communicate with each other? It is the modern form of communication, particularly for younger people in our society.

[The Attorney-General]

Yes. Although the final guidelines will, I hope, be useful, I refer the hon. Gentleman to the interim guidelines published by the DPP. Those make it clear that there is a distinction that one should try to draw. Such material may be, for example,

“Satirical, or iconoclastic, or rude comment”

or

“the expression of unpopular or unfashionable opinion”

where no action should be taken, even if it is offensive, shocking or disturbing. Equally, there will be cases where an individual is specifically targeted, or where the activity may amount to a breach of court order, or may involve threats of violence or material that is

“grossly offensive, indecent, obscene or false.”

In those circumstances, action will be taken. I assure the hon. Gentleman that within the Crown Prosecution Service there is a strong understanding of the need to preserve the right to freedom of expression.

[Rosie Cooper (West Lancashire) (Lab)]

4. What recent discussions he has had with Her Majesty’s Treasury on the funding of the Serious Fraud Office.

[The Attorney-General (Mr Dominic Grieve)]

The 2015-16 spending round is in progress. I wrote to the Chief Secretary to the Treasury in April and discussions are continuing. The SFO’s funding settlement for 2015-16 is on track to be agreed by 26 June.

[Rosie Cooper]

The Serious Fraud Office is reviewing whether it should investigate allegations that UK-based oil companies were engaged in a LIBOR-style rigging of oil prices. If the SFO does decide to investigate, will it be able to do so within its budget this year of just £30 million?

[The Attorney-General]

The Government have made it clear that the director of the SFO should never have to turn down a case on the basis of cost. Any allegations of the type described, if brought to the SFO’s attention, are assessed within the context of its remit to investigate fraud, bribery and corruption. If there were a need for further resources outside the envelope in which the SFO is currently operating, then the director could come to me and I could go to the Treasury to seek the necessary funding.

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

Will the Attorney-General consider the possibility of returning to the victims of such fraud, corruption and crime any proceeds that the Serious Fraud Office is able to extract?

[The Attorney-General]

My hon. Friend raises an important issue, but ultimately it is rather outside my remit. There are circumstances in which compensation can be paid to victims of crime, including from assets that may have been recovered. The Crown Prosecution Service and the SFO will operate according to the rules that are laid down.

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

The new director of the Serious Fraud Office has said that we should have a sensible debate about the introduction of the new offence of corporate criminal liability, so that companies could be prosecuted for fraud, as they are under the Bribery Act 2010. Does the Attorney-General agree that it is a good idea to have such a debate, or does he agree with some of his colleagues that instead of being built on, the Bribery Act should be watered down?

[The Attorney-General]

If I may say first, there is no question, as far as I am concerned, of the Bribery Act being watered down. It is true that the interpretation of the Act has at times given rise to difficulties, including unnecessary ones for businesses in understanding what it requires of them, so an educational process may be required.

On changing the rules on criminal liability, I am the first to recognise that it is an important issue and one that will obviously require major debate and consideration in this House. There are compelling arguments for why that should happen, but equally perfectly sound arguments have also been made about why it should not happen.

[Roger Williams (Brecon and Radnorshire) (LD)]

Has the Serious Fraud Office maintained close and effective working relationships with the fraud departments of the Home Office so that those smaller cases reported to Action Fraud that highlight more widespread and more serious frauds can be prosecuted on behalf of the individuals concerned?

[The Attorney-General]

I think there is widespread recognition that smaller fraud, which falls outside the SFO’s remit entirely, has long been a Cinderella area for law enforcement. The economic crime command was set up in the National Crime Agency precisely to try to ensure that smaller fraud is dealt with better at a regional policing level and in order to put in place structures to enable that to happen more effectively. It is a subject of legitimate anxiety across the House that fraud problems faced by constituents often cannot be dealt with adequately. The SFO is involved with the economic crime command and sits on the economic crime co-ordination board, so it can provide its professional input.

The Deputy Prime Minister was asked—