Oral Answers to Questions

Dominic Grieve Excerpts

Tuesday 26th October 2010 Commons Chamber

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

1. What his policy is on prosecution of victims of human trafficking who are suspected of having committed a criminal offence.

[The Attorney-General (Mr Dominic Grieve)]

The policy of the Crown Prosecution Service is to consider the extent to which the suspects who might be victims of trafficking were compelled to undertake the unlawful activity alleged. That is compatible with our common law defence of duress. Where there is clear evidence of duress, the case should be discontinued on evidential grounds. Where it is not clear whether the suspect was acting under duress, consideration will be given to whether the suspect was in a coerced situation. In such circumstances, there will be a strong public interest to stop the prosecution.

[Grahame M. Morris]

Will the Attorney-General explain the coalition Government’s strategy to contain the growing criminal and completely abhorrent practice of human trafficking, particularly with regard to the trafficking of prostitutes and press reports that human traffickers aim to exploit opportunities presented by the 2012 Olympic games and the large number of people coming to London for them?

[The Attorney-General]

The Crown Prosecution Service works closely with the police and other related organisations to try to improve its ability to prosecute human trafficking cases. It has, for example, only very recently sent a senior prosecutor to Vietnam to discuss the issue of child trafficking into this country from that country. In addition, we are adherent to the EU directive on trafficking, which we ratified and implemented. It provided that all member states should, in accordance with the basic principles of its legal system, provide for the possibility, as I have just said, of not imposing penalties on victims for their involvement in unlawful activities. One of the reasons for that is to facilitate their coming forward so that a prosecution of the traffickers can take place.

[Mr Peter Bone (Wellingborough) (Con)]

How does the Attorney-General square that statement with the fact that the Court of Appeal recently released three young women from prison who had been trafficked into this country and forced into prostitution but were prosecuted by the CPS against the advice of the police and the POPPY project?

[The Attorney-General]

It is difficult for me to comment on an individual case, although if my hon. Friend wishes to draw the particular circumstances to my attention I am more than happy to write to him about it. As I said a moment ago, the policy of the CPS and the principles it follows under the code of Crown prosecutors put the public interest at the forefront of a prosecution. Where the public interest is thought not to require a prosecution, no prosecution will be brought.

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[Alun Michael (Cardiff South and Penarth) (Lab/Co-op)]

3. What assessment he has made of the progress of the National Fraud Strategic Authority in reducing the level of fraud and online crime.

[The Attorney-General]

By working in partnership across the public and private sectors, the National Fraud Strategic Authority has contributed towards improving our understanding of the scale and nature of the fraud challenge, as well as making a significant contribution to improving our response to that challenge. It has produced the most comprehensive estimate yet of the annual cost of fraud to the United Kingdom at £30.5 billion, a significant part of which is against the public sector. It has launched Action Fraud, the national fraud reporting centre, which has provided advice and guidance to more than 100,000 people since April, many of whom have been victims of online crime. As part of the comprehensive spending review, the Government have provided ring-fenced funding for the NFSA to continue its work.

[Alun Michael]

I am grateful to the Attorney-General for that encouraging reply. Within the figures that he has mentioned, internet-related fraud ranges from very large institutional losses to large numbers of low-level attacks. Does he agree that it is important to keep up the pressure on both those fronts, so that ordinary people can be confident about being safe online?

[The Attorney-General]

I entirely agree with the right hon. Gentleman. I know that he chairs the e-crime reduction partnership, which was itself established by EURIM, and I welcome the fact that he has taken an interest in the subject. I assure him that the NFA will welcome his input and that of others on how it should take its work, which we value, forward. As I have mentioned, it has identified a global figure for the level of fraud, but it has also broken it down. Public sector fraud, for example, is estimated at some £17 billion, while identity fraud is estimated at some £2.7 billion.

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

If Google and Hotmail are deemed to be less secure, what recommendation can the Government make to advise ordinary people who use those accounts to make them more secure and more aware of the potential for fraud?

[The Attorney-General]

First, the NFSA can supply information on how people can protect themselves against fraud, and it regularly does so. Secondly, as my hon. Friend will know, the Government have announced an extra £650 million for cyber-security, which will be used to look at how hacking, getting into people’s internet accounts and acquiring people’s identities can be properly countered.

[Gareth Johnson (Dartford) (Con)]

4. What representations he has received on his recent report on unduly lenient sentences; and if he will make a statement.

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[Andrew Selous (South West Bedfordshire) (Con)]

6. What discussions he has had with the Crown Prosecution Service on steps to increase the proportion of prosecutions for offences of human trafficking which result in conviction.

[The Attorney-General]

I have had no recent discussions with the CPS regarding the effectiveness of prosecution policy in human trafficking cases, but the CPS has comprehensive guidance for prosecutors to ensure that decisions in human trafficking cases are taken in line with the principles in the code for Crown prosecutors, taking account of the particular factors that are relevant in such cases. However, if my hon. Friend has specific concerns, I invite him to write to me. I have regular meetings with the DPP during which we discuss a range of issues and this topic can and will be included when necessary.

[Andrew Selous]

Will my right hon. and learned Friend get together the CPS, the police and the judiciary to see what we can do to increase the lamentably low number of convictions that we are currently securing for human trafficking?

[The Attorney-General]

I certainly share my hon. Friend’s desire to see the number of prosecutions increase. Of course, the CPS is ultimately a referral organisation—it takes the cases that are offered to it. There is some comfort in the latest figures: there is an indication that in the first six months of this year since April there were 17 prosecutions for trafficking under the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, compared with only 19 in the previous 12-month period, and similar figures can be found for prosecutions under the Sexual Offences Act 2003. However, I will bear the matter in mind. There is already a lot of close working between the CPS, the Association of Chief Police Officers and the Gangmasters Licensing Authority. Of course, these matters are also discussed when necessary with the judiciary.

[Emma Reynolds (Wolverhampton North East) (Lab)]

Does the Attorney-General recognise that in cases in which victims of trafficking are afforded better protection, such as safe accommodation, they are more willing to come to court as witnesses? If he recognises that, will he work with his colleagues across Government to make sure that victims of trafficking are encouraged to come forward as witnesses and therefore increase the prosecution rate?

[The Attorney-General]

As I hope I indicated in my answer to the first question, those are precisely the sort of criteria put forward to encourage people to come forward without fearing that they will suffer consequences in doing so. For those reasons, I assure the hon. Lady that this is a priority issue. As human trafficking is regarded as a very serious offence, every effort will be made to encourage victims to come forward.

The hon. Member for Banbury, representing the Church Commissioners, was asked—