Oral Answers to Questions

Dominic Grieve Excerpts

Tuesday 18th January 2011 Commons Chamber

[The Attorney-General (Mr Dominic Grieve)]

The appointment of specialist rape prosecutors is the responsibility of local chief Crown prosecutors, who appoint specialist prosecutors in accordance with the requirements of their area. The Crown Prosecution Service is currently unable to provide figures as to how many specialist rape prosecutors there are in the CPS. However, the CPS has trained and appointed a significant number of prosecutors as specialist rape prosecutors as part of a rolling programme in all 42 CPS areas. By the end of March 2011, all training for 2010-11 will be completed, and the information on the number of specialists will then be available.

[Valerie Vaz]

I thank the Attorney-General for his response. May I remind him that the Stern report said that nine out of 10 rapes go unreported? Given the 25% cuts in the budget of the CPS, will he assure us that all those who have been trained by the end of March 2011 will be in jobs?

[The Attorney-General]

First, I can give the hon. Lady a figure: 584 delegates are shown as having attended the rape and serious assault training course between July 2008 and December 2010. That might help to give her an idea of the numbers. There is no intention that the priority that is given to this extremely serious offence should be in any way downgraded as a result of savings having to be made within the Crown Prosecution Service.

[Ian Murray (Edinburgh South) (Lab)]

2. What responsibilities the Law Officers’ Departments have for the National Fraud Authority.

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[Mr Tom Watson (West Bromwich East) (Lab)]

3. What support the Law Officers’ Departments have provided for the investigation by the Metropolitan Police Service into alleged telephone hacking and blagging; and if he will make a statement.

[The Attorney-General (Mr Dominic Grieve)]

The roles of the police and the Crown Prosecution Service are distinct. The police investigate allegations of criminal conduct; the Crown Prosecution Service provides them with advice, when requested to do so, and takes prosecution decisions. The constitutional role of the Law Officers is to superintend the CPS. The Law Officers are not involved in the provision of such advice. On 14 January, the Director of Public Prosecutions announced that the CPS would conduct a comprehensive assessment of all material in the possession of the Metropolitan Police Service relating to phone hacking, following developments in the civil courts in cases taking place on this issue. The purpose of this assessment is to ascertain whether there is any material that could now form evidence in any future criminal prosecution relating to phone hacking.

[Mr Watson]

Are the Law Officers confident that the CPS is giving the right advice? In particular, is it asking the Metropolitan police to examine the separate secure e-mail server used by News International executives of the grades of Andy Coulson and Rebekah Wade and also to examine the existing illegally transcribed phone message made by Ross Hall for “Neville”?

[The Attorney-General]

The hon. Gentleman may have seen a copy of the letter written by Mr Yates, the acting deputy commissioner, to the Director of Public Prosecutions. That letter makes it quite clear that he wishes to re-examine all the material collected in this matter and then to seek the advice of the CPS and the DPP in relation to it.

[Nicholas Soames (Mid Sussex) (Con)]

Does the Attorney-General agree that it is important for this matter not to be just a witch hunt against the Murdoch press, which is what the Opposition are trying to turn it into? The Information Commissioner’s report published some time ago made it plain that this habit of hacking and bad behaviour by reporters was happening across the whole of the press, not just in the Murdoch press. Will he make sure that the issue does not become concerned only with the Murdoch press, but that the investigation is carried out on a wider basis?

[The Attorney-General]

I am not going to be drawn into making criticisms of any individual in this matter. What is quite clear is that the hacking into telephones is indeed a serious criminal offence, that the Crown Prosecution Service will apply the code of Crown prosecutors in order to weigh up the information and evidence available, and that it is plainly in the public interest for proceedings to be brought against individuals where there is evidence that an offence has been committed.

[Catherine McKinnell (Newcastle upon Tyne North) (Lab)]

As the Attorney-General is aware, serious concerns have been expressed about the handling of the News of the World phone hacking investigations to date. The announcement of a comprehensive assessment of all the material held by the Metropolitan Police Service is to be welcomed, but will the right hon. and learned Gentleman confirm whether he shares these concerns about the handling of the case to date? Will he clarify what prompted this change in direction only a matter of weeks after the CPS announced that there was no admissible evidence on which it could properly advise the police to bring criminal charges?

[The Attorney-General]

The hon. Lady must understand that any investigation in accordance with the code for Crown prosecutors must take account of the information and evidence available. If evidence and information become available that warrant looking further at a matter, that is exactly what happens. In this particular case, as I indicated in my first answer, information has emerged in the course of civil proceedings, which gives rise to a justification and reason for looking again at the material. That is exactly what the police and the CPS are going to do.

[Tony Baldry (Banbury) (Con)]

4. On how many occasions decisions by Ministers have been overturned on judicial review in the last five years.

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[The Attorney-General (Mr Dominic Grieve)]

The Crown Prosecution Service continues to assess the costs of implementing the proposals to restrict arrest warrants in private prosecutions. The service currently expects any additional costs to be absorbed in current resources. I should point out that such private prosecutions relate solely to cases involving international jurisdiction.

[Mr Love]

What guidelines are likely to be set in relation to the time that the Director of Public Prosecutions is given in which to respond to private arrest warrant applications, and will those guidelines take into account late notification of arrivals?

[The Attorney-General]

By its very nature, the system that is likely to operate when such references are made to the DPP will involve extremely short time frames. The point has been well made in the House that it is much better to go to the police and make a complaint, because the police can arrest, interview, search and conduct forensic examinations. If an application is made through a private prosecution or through the DPP, all that is possible is for a person to be taken immediately to court. I have no doubt that the DPP will ensure that he can operate within a time frame that reflects the urgency of the matter concerned.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

I welcome the fact that Ministers are dealing with the matter, and that they are doing so by using the DPP rather than the Attorney-General as the person to whom reference can be made. Will this be covered in any way by the superintendence responsibilities of the Attorney-General, or will it be clear that the DPP has an independent role in the matter?

[The Attorney-General]

The decision will be that of the Director of Public Prosecutions. As in all matters, if the DPP wishes to consult the law officers in relation to their superintendence, it will be open to him to do so.

[Jeremy Corbyn (Islington North) (Lab)]

Does the Attorney-General not agree that the reputation of the country would be better served if the current system whereby private individuals can seek prosecutions in the courts, or seek arrest warrants in the courts for crimes against humanity or war crimes, were preserved rather than taken away and handed over to public officials?

[The Attorney-General]

I think that the reputation of the country will be best preserved through proper and targeted work by the police and prosecutors to bring to justice those who have a case to answer. The reputation of the country will not be served if the use of private prosecutions is seen merely as a tool of harassment, and there is no proper outcome from an arrest.

[Lisa Nandy (Wigan) (Lab)]

6. What recent representations he has received on the effectiveness of prosecutions in human trafficking cases.

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[Gavin Shuker (Luton South) (Lab/Co-op)]

8. What recent discussions he has had with the Director of Public Prosecutions on the Crown Prosecution Service’s performance in the prosecution of cases involving allegations of domestic violence.

[The Attorney-General (Mr Dominic Grieve)]

I have regular discussions with the DPP on a range of criminal matters. Domestic violence is a serious crime, which has real and lasting effects on the victim, their children, their wider family and society as a whole. I support the work undertaken by the CPS with other agencies to improve the way in which prosecutions are conducted and victims are treated in such cases.

[Luciana Berger]

How will the CPS prosecute domestic violence cases in the approximately 10 areas where proposed court closures include specialist domestic violence courts?

[The Attorney-General]

The hon. Lady raises an important issue, of which we are extremely mindful. Work is currently taking place within the court estate rationalisation programme, working in conjunction with the domestic violence national steering group, to issue guidance in those areas where provision may be affected. The detail of that will be finalised once the decisions and announcements are made. The CPS is absolutely determined to maintain the current quality of provision.

[Gavin Shuker]

The Attorney-General acknowledges that the domestic violence prosecution rate improved greatly under the last Labour Administration. What measures will he put in place to ensure that it continues to improve against the backdrop of the 25% cut to the CPS budget?

[The Attorney-General]

We are doing a number of things. We are developing the recently launched cross-Government violence against women strategic narrative. For the CPS, we agreed on a number of steps to improve domestic violence prosecutions and the safety and support of victims, including specialist co-ordinators, guidance in respect of stalking, effective monitoring of cases and legislation, and ways to improve communication with victims. In addition, guidance for prosecutors on stalking and harassment cases was launched in September 2010, and a new violence against women assurance regime was launched on 1 January 2011. As there is not enough time available now to allow me to amplify my remarks further, I will be happy to write to the hon. Gentleman with details of some of the things we are doing.

[Mr Robert Buckland (South Swindon) (Con)]

Will my right hon. and learned Friend do all he can to ensure that all Government agencies and Departments have a unified definition of domestic violence, as there seem to be alarming differences in that definition between different Departments, and that needs to be remedied at the earliest opportunity?

[The Attorney-General]

I am grateful to my hon. Friend for bringing that to my attention. It might be helpful if I have a conversation with him so he can identify in greater detail where he thinks these current misdescriptions exist. I entirely agree that it is important that we are all singing from the same hymn sheet.

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