Dominic Grieve
Main Page: Dominic Grieve (Independent - Beaconsfield)Department Debates - View all Dominic Grieve's debates with the Cabinet Office
(10 years, 7 months ago)
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Fiona Bruce (Congleton) (Con)
2. What steps he is taking to ensure that cases of non-compliance with the law on abortion by practitioners and providers are prosecuted.
The Attorney-General (Mr Dominic Grieve)
The Crown Prosecution Service will review any cases referred to it by the police, in accordance with the two-stage test set out in the code for Crown prosecutors. Following observations by the former Director of Public Prosecutions, the Department of Health is developing further guidance for practitioners on the procedures to be followed when a woman requests an abortion, and that will be taken into account when future decisions are made about prosecutions.
Fiona Bruce
My right hon. and learned Friend will have seen reports arising from recent freedom of information releases about 67 doctors who pre-signed abortion certificates effectively authorising abortions without ever having seen or had any knowledge of the women involved. He will also be aware that the General Medical Council failed to report those cases to the police. Will he assure the House that they will now be dealt with by means of a thorough investigation and on a case-by-case basis? No one should be above the law, particularly in such cases.
The Attorney-General
I fully understand my hon. Friend’s concerns. She will appreciate that, in the first instance, this is a matter for investigation by the Metropolitan police, not the CPS, which, obviously, has no investigative capacity. Should the matter come to the CPS, it will indeed be considered on a case-by-case basis. She will be aware that when this matter has been before the House in the past, it has been pointed out that the essential ingredient is that a doctor has to act in good faith in the advice and opinion they give. If there is evidence that a doctor has not acted in good faith, that will clearly be one of the important evidential components taken into account when deciding whether any prosecution should be brought.
Jim Shannon (Strangford) (DUP)
Accounts of abortion on the grounds of gender are of increasing concern to many in this House. Will the Attorney-General confirm that the strongest sanction possible will be brought against individuals, whoever they may be, who are implementing abortion on the grounds of gender?
The Attorney-General
I fully understand the hon. Gentleman’s concerns. I want to make it clear—as, indeed, I have made clear in the past—that, on abortion on the grounds of gender, we have to look at the question of the good faith involved in allowing such a thing to take place. The tests have been well explained by the previous DPP and any case in England and Wales would be viewed according to them. To make the position clear: abortion on demand, as it is sometimes described, is not provided for by the Abortion Act 1967.
Mr Philip Hollobone (Kettering) (Con)
What is the penalty for such an offence?
The Attorney-General
My hon. Friend takes me gently by surprise. I think it depends on the nature of the offence under the Abortion Act, but my recollection is that the procurement of an abortion illegally is a very serious offence. I will write to him as to the exact penalty.
Mr Speaker
I think the House would benefit from having a copy of the letter in the Library. We are grateful to the Attorney-General.
Mark Durkan (Foyle) (SDLP)
The Department of Health seems to advise that it would be okay if neither of the two signing doctors had actually seen the woman referred for an abortion. Does the Attorney-General believe that that is some distance from a strict reading of the 1967 Act?
The Attorney-General
As I understand the matter, the form exists so that two doctors may make an independent evaluation of whether the abortion is necessary for the health and well-being of the woman concerned. It seems to me, as a matter of logic, that that requires a conscious act of assessment. I leave it to the hon. Gentleman to work out whether a conscious act of assessment is going to take place on the pre-signed form.
Jeremy Lefroy (Stafford) (Con)
3. What steps the Crown Prosecution Service is taking to assist development of justice systems in developing countries.
The Attorney-General (Mr Dominic Grieve)
The Crown Prosecution Service works closely with the United Kingdom and international partners to deliver targeted justice assistance in developing countries of priority to UK national security. It does this on a range of important threats and topics, such as counter-narcotics, counter-terrorism, asset recovery and cyber-crime.
Jeremy Lefroy
I welcome that answer. What specifically is the CPS doing in countries that are experiencing high levels of conflict, particularly Afghanistan?
The Attorney-General
The CPS has until reasonably recently had an important programme in Afghanistan, although it is currently at an end. The programme enabled prosecutors to work with local counterparts to deal with narcotics and corruption investigations and prosecutions, one of which was the massive Kabul bank fraud, which saw two former bank chiefs convicted and jailed in March 2013. I visited that project when I was in Kabul.
In addition, there are projects in Nigeria, to which my hon. and learned Friend the Solicitor-General has referred and which have been complimented by the Chief Justice of Nigeria for speeding up the criminal process. There has also been a major project in the Indian ocean area that has led to 110 pirate cases being prosecuted by CPS prosecutors.
Hugh Bayley (York Central) (Lab)
Some crimes committed by British companies or British citizens can be tried in this country or in a foreign country if they are transnational financial crimes committed in a foreign country. What is the Crown Prosecution Service doing to equip developing countries with investigative mechanisms to ensure that more of those cases are tried in the countries in which the offences are committed?
The Attorney-General
It is important to understand that the Crown Prosecution Service has limited capacity, but it has prioritised for co-operation a series of overseas aid projects in a number of countries, including the United Arab Emirates, the ones I have just given, and St Vincent and the Grenadines. In addition, it is worth bearing in mind that the United Kingdom Government use the assistance of non-governmental organisations, such as the Slynn Foundation and the Bingham Centre for the Rule of Law, to provide capacity building as well. Simply to give an example, I have seen projects in the west bank being brought forward with the help of those organisations, so not just the Crown Prosecution Service can help in this area.
Graeme Morrice (Livingston) (Lab)
Corruption and bribery are major factors undermining the rule of law in many developing countries. However, the serious fraud squad has yet to land a secure conviction under the Bribery Act 2010. What steps has the Attorney-General taken to ensure that the agency has the resources it needs to investigate these important cases?
The Attorney-General
The director of the Serious Fraud Office is quite clear that, for him, bribery is a priority area. I am fairly confident, from the cases currently being investigated and looked at, that we will see such prosecutions brought successfully. In so far as resources are concerned, if there was any case in which he had difficulty in respect of resources and felt that he was not able to take it forward, he would certainly come to speak to me about it.
Mr William Bain (Glasgow North East) (Lab)
4. What recent assessment he has made of the effectiveness of the Serious Fraud Office.
The Attorney-General (Mr Dominic Grieve)
I meet the director of the Serious Fraud Office regularly to discuss the continuing progress that it is making under his leadership. The Serious Fraud Office underwent an inspection by Her Majesty’s Crown Prosecution Service inspectorate in 2012, at my request, and a follow-up inspection of the SFO is currently taking place. I will discuss the outcome of that inspection with the director following publication of the report.
Mr Bain
The year 2010 was the last in which a criminal sanction was imposed on a corporate defendant by the Serious Fraud Office. Does the Attorney-General agree with the Opposition and the director of the Serious Fraud Office, David Green QC, that there should be a review of our highly restrictive laws on corporate liability, with a view to securing more prosecutions?
The Attorney-General
I have great sympathy with the points raised by the hon. Gentleman. In my judgment, this is an area that ought to be looked at and on which there may, indeed, be a degree of consensus across the House. Of course, if we were to do that, we would also have to make sure that such a process operates in a fair and reasonable way, but I have to say that I have listened very carefully to what the director of the Serious Fraud Office has said, and it seems to me that his remarks have considerable force.
Ian Lucas (Wrexham) (Lab)
Last week, the work of the Serious Fraud Office was severely undermined when a case it was prosecuting was stayed. What discussions has the Attorney-General had with the Lord Chancellor to address that issue?
The Attorney-General
The case did not involve the Serious Fraud Office, but the Financial Conduct Authority. In the circumstances, that case is not a matter that I have had to discuss with the director of the Serious Fraud Office.
Emily Thornberry (Islington South and Finsbury) (Lab)
Yes, but the Attorney-General will agree that the rule of law means that no one is above the law. It is, of course, very important that those who commit complex fraud should be prosecuted as the common criminals they are. Will he not therefore take this opportunity to express his dismay at the fact that meticulous cases taken to court by the prosecuting authorities may be stopped because such people cannot be tried, because in turn they cannot be represented, because in turn there is insufficient legal aid? If the Attorney-General wished to have my support in his meeting with the Lord Chancellor to explain the rule of law, I would be very happy to help him.
The Attorney-General
As the specific case to which the hon. Lady refers is before the Court of Appeal and, therefore, sub judice, I will not comment on it. On the general point that she makes, I certainly agree that it is clearly in the public interest that alleged serious crime should be prosecuted. We will have to await the outcome of the case to see whether the resources that are made available in this instance are satisfactory.
Mr Robert Buckland (South Swindon) (Con)
6. What steps he is taking to raise awareness of the law relating to contempt of court.
Henry Smith (Crawley) (Con)
8. What steps he is taking to raise awareness of the law relating to contempt of court.
The Attorney-General (Mr Dominic Grieve)
Since taking office, I have been active in ensuring that the public are better informed of the law of contempt and, in particular, the dangers of online commentary. I have done that in a variety of ways including education, delivering speeches, attending symposia on contempt, and review by asking the Law Commission to look at the law of contempt and legislation. New criminal offences of juror misconduct and amendments to the law of contempt are being introduced in the Criminal Justice and Courts Bill. Finally, where necessary, I institute contempt proceedings against contemnors.
Mr Buckland
I thank my right hon. and learned Friend for that answer. I welcome the new offences in the Criminal Justice and Courts Bill. How does he see the interrelation between those new offences and the existing law of contempt working? In other words, how will judges be expected to deal with the often knotty problems that come before them when jurors misbehave?
The Attorney-General
I hope that the benefit of this change to the law will be to emphasise the criminal nature of the conduct of a juror who fails to follow the judge’s directions and acts in a way that undermines the fairness of a trial process. At the same time, by providing that it is an indictable offence that is triable by jury, there will be better safeguards for jurors in terms of fairness if they are prosecuted as a result. I trust that the combination of those two things will enable judges to be more robust in their directions to the jury at the outset when explaining that it has an important function to perform, and that that must be performed within the framework that the judge lays down in his directions. In my experience, jurors are, for the most part, animated entirely by good will towards the public interest, so I feel that if we do that, some of the regrettable problems that we have had may be further reduced.
Mr Speaker
I am sure that the House will agree unanimously that we are all now considerably better informed.
Henry Smith
In recent years, the use of social media such as Twitter and Facebook to express opinion has increased significantly. What advice can my right hon. and learned Friend give those who are taking part in court proceedings to ensure that, in using those methods of communication, they are not in contempt?
The Attorney-General
The change that we have introduced is that we tweet and post online the advisories that we issue. Whereas in the past those were sent confidentially to the media, they are now accessible in a similar, if not identical, form to individuals who may take an interest in the trial process. We hope that individuals will thereby be warned about the dangers of inappropriate comment and that, as a result, fewer proceedings against those who abuse the system will be necessary.
