(12 years, 11 months ago)
Commons Chamber2. What steps he is taking to increase the number of convictions for human trafficking.
The Crown Prosecution Service is working with law enforcement agencies and others in the UK, as well as in source countries, to improve the investigation and prosecution of those involved in human trafficking. The CPS is also encouraging victims of human trafficking to support criminal proceedings.
To what extent are prosecutors and police alert to the fact that British citizens are being trafficked both within the UK, as was uncovered shockingly in my constituency last September, and from the UK, as we learned earlier this month?
We are very much aware that this is a problem, but part of the difficulty is that trafficking for forced labour is notoriously difficult to establish, and often the victims will not come forward. That said, as my hon. Friend will be aware, there is now a national referral mechanism that alerts the police at neighbourhood level, the UK Border Agency, social services and charitable organisations as to how they can pick up such information and feed it into the specialist units of the police, which can then bring in the Crown Prosecution Service to try to deal with those matters.
If the Government are serious about more prosecutions and, indeed, about preventing trafficking, should we not substantially increase the UK Border Agency’s strength, with many more properly based staff so that they can do the job?
As the hon. Gentleman will appreciate, with my hat on as superintendent of the Crown Prosecution Service, it would be easy for me to ask for extra resources in all directions outside my own Department, but if he thinks that there are specific instances in which the service may be in some way deficient he should, I suggest, bring them to my attention or to that of my right hon. Friend the Home Secretary. The evidence that I have from the Crown Prosecution Service is that it receives very good co-operation from the agencies with which it deals.
I thought that the Government were carrying out a review of human trafficking sentences, with a view to reporting to Parliament by now on the changes that would make conviction easier. When is that report going to be published?
I am not in a position to give my hon. Friend a precise date. What I suggest, as he will appreciate that the issue is outside my departmental area, is that I write to him when I have ascertained whether we have further detailed information on it.
Surely we are going to get many more convictions only if there is much more effective co-operation between prosecutors and police in this country and elsewhere. Given that many such gangs are elsewhere in the European Union, is not the European arrest warrant a vital part of the necessary armoury? Will the Attorney-General tell his Back Benchers that he is not going to step outside the European arrest warrant, even if they want to do so?
I have no doubt at all that mechanisms for co-operation throughout the European Union and, indeed, elsewhere can be very useful in the apprehension of criminals, particularly in this field. How that should best be carried out is, if I may say to the hon. Gentleman, ultimately I suppose a matter for this House, if it ever comes up for review.
3. What recent discussions he has had with the Secretary of State for the Home Department and the director of the Serious Fraud Office on the capacity and effectiveness of organisations tackling economic crime.
4. What steps he is taking to promote reform of the European Court of Human Rights.
I am working closely with the Foreign Secretary and the Justice Secretary, and talking to many member states and to key figures in the Court and the Council of Europe. Only last week, I spoke at the seminar on court reform for European civil society organisations. There is a keen appetite for reform of the Court and we are confident that we can gain agreement on a reform package.
There is an incredible backlog of 150,000 cases. Does my right hon. and learned Friend agree that that undermines the Court’s ability to perform its role efficiently, and that something needs to be done soon to improve that efficiency?
Yes, there is no doubt about that. The Court itself knows that. Some efforts have been made to reduce the backlog, particularly by streamlining the sitting hours of completely hopeless applications. The problem remains that there is a large number of cases that is in excess of the number of cases that can be heard each year. It is for those reasons that the United Kingdom, as part of its reform package, has asked those who are interested to examine how principles of subsidiarity can be introduced so that fewer cases have to be considered by the Court, with cases instead being resolved properly at national level wherever possible.
Does the Attorney-General not consider that there is a strong argument for fast-tracking certain cases, for example cases of national security, through the European Court? We will hear later about the case of Abu Qatada. That is an example of how it takes a long time to get a decision out of the European Court.
The right hon. Gentleman makes an important point. I have no doubt that things could be done better. The Court already has a system of prioritisation. I have no doubt that the reform process will look at whether the Court can do better in identifying cases of particular importance. As he is aware from remarks that I have made on another occasion, the length of time that someone may be detained in custody while a case is being considered at the European Court of Human Rights level is something to which great consideration should be given.
I welcome the efforts that Ministers are making. Is there an appetite among the mature democracies, as the Attorney-General indicated, to ensure that the Court gives priority to cases of gross abuses of human rights, rather than to the refinement of the law in countries that have well-developed human rights?
I am sure that my right hon. Friend’s sentiments would be echoed by most member states that are asking for reform to take place. At the same time, I want to make it clear that any reform package must still leave autonomy for the European Court of Human Rights. Its own processes must be reformed, and it must have control of them. Those issues are being examined, and I hope that the reform package that we will initiate will make a real and substantial difference to how the Court can approach its work load and continue doing its important work.
In his reforms to the European Court of Human Rights, will the Attorney-General ensure that we do not end up by default making it much more difficult for people bringing human rights abuse cases from, say, Russia, Hungary or other places where there are serious abuses of human rights, by pushing them back to the national jurisdiction? The influence of the Court can be a force for good and help to curtail some of the most vile human rights abuses that are taking place across Europe.
The hon. Gentleman will be aware that we share his view that the Court has been of immense benefit in member states across the European continent in improving human rights standards. In that context, as I have indicated, there can be no suggestion that the right of personal petition, for example, should be removed. Although we need to ensure that the Court keeps its autonomy, there is widespread acknowledgment that there must be reform if it is to continue doing its work properly.
5. What recent discussions he has had with the Crown Prosecution Service on the progress made by the Leveson inquiry.
8. What discussions he has had with ministerial colleagues on reform of extradition law.
The matter is being actively considered by the Government, led by my right hon. Friend the Home Secretary.
Will the Government wait for the outcome of the Liberal Democrats’ review of the extradition law before making a decision on the coalition Government’s change to that law?
My understanding is that my right hon. Friend the Home Secretary is currently giving careful consideration to the recommendations of the independent extradition review panel. She wants to discuss the Government’s proposed response to those recommendations with Cabinet colleagues before announcing to Parliament what action the Government will take. In reaching a decision on what the Government propose to do, she will also take into account the report of the Joint Committee on Human Rights on extradition and the representations made by Members of the House during recent debates.
A recent motion in this House called for the extradition treaty to be redrafted to enable the Government to refuse extradition requests if UK prosecutors have decided against beginning proceedings at home. What progress is being made on that?
As my right hon. Friend will be aware, the review is being led by the Home Office and it might therefore be best if my right hon. Friend the Home Secretary answered his question. The entire package being considered by the Government will take into account all representations made in coming to a decision.
10. What recent assessment he has made of the implications for his policies of the successful application by the Serious Fraud Office to confiscate dividends paid by companies convicted of bribery.
The Government are committed to protecting and building on the reputation of UK business. The recent use of the civil recovery process to recover shared dividend payments derived through contracts won through unlawful conduct reinforces that. The actions of the Serious Fraud Office send a clear message to shareholders and investors, particularly institutional investors, that they must satisfy themselves that the business practices of the companies in which they invest are legal and ethical. The Serious Fraud Office has signalled its intention rigorously to pursue similar civil recovery actions, where appropriate, in the future.
It is good to see the Attorney-General being tough on bribery and he might want to have a word with the Justice Secretary about that. He will be aware that in the Mabey Holdings case, the director of the SFO said that
“the shareholder was totally unaware of…inappropriate behaviour.”
Will it be common practice for lay shareholders and pension funds to be penalised for the fraudulent activities of companies which, by definition, they will not know about, as bribery is not generally advertised?
I think it is right to say that in the case of Mabey Engineering, the company that held the dividends was a subsidiary company—that is, a holding company held the dividends. That said, I cannot give the hon. Gentleman any specific assurance as we will consider the matter on a case-by-case basis. The principle of the possibility of taking back dividends that have been paid wrongly, as they are the fruit of bribery and corruption, must clearly be kept in mind.
(13 years, 1 month ago)
Commons Chamber1. What recent discussions he has had with the Secretary of State for Justice on reform of the European Court of Human Rights.
I have regular discussions with the Justice Secretary, during which we talk about a large number of issues of concern to both of us, including the reform of the European Court of Human Rights.
Does the Attorney-General agree that the European Court of Human Rights and the European convention on human rights are very important safeguards of the rights and liberties of people all over the Council of Europe area, and that any diminution of British participation or support, or acceptance of the Court’s rulings, would be damaging to the human rights of people in this country and would, of course, diminish the value of the Court, which is one of the great achievements of post-war Europe?
I entirely agree with the hon. Gentleman that both the Court and the convention are of great importance to the United Kingdom, and I also agree that it is important that the United Kingdom should play a full part in the work of the convention and the work of the Court. As the hon. Gentleman will be aware, we currently have the chairmanship of the Council of Europe, and during that time we are seeking to take forward and implement a reform programme for the Court which will enhance its efficiency and effectiveness and particularly enable it to address the vast backlog of cases that it is facing.
Will Ministers seek to make allowances for Council of Europe members with strong legal traditions to ensure that the Court is an effective functioning court in which gross abuses of human rights do not wait in long queues behind cases that do not raise such important general principles?
Yes, the right hon. Gentleman is absolutely right about what we should be seeking to achieve. I can assure him that in trying to achieve our aims in the course of our chairmanship, we are looking very much to diplomatic initiatives which will bring us together with other partner states in carrying this agenda forward. We certainly cannot do it on our own, and the success of our initiative is entirely dependent on taking the other member states with us. I entirely agree with the right hon. Gentleman that the backlog of the Court is a serious issue. It means that people are waiting years simply to receive a five-line letter saying that their claim is non-admissible. That is deeply unsatisfactory, and at the same time admissible claims are taking a very long time to be heard.
I wish Ministers well in their work in trying to reform the Court, but is it not a fact that more than 100,000 of the backlog cases come from one country, Russia, because there is no rule of law and no confidence in courts there at all? So has the time come to consider seriously whether we should ask Russia to leave the Council of Europe until such time as its domestic legislation meets some of the minimal obligations of membership?
Membership of the Council of Europe and whether a country is excluded is not a matter for the United Kingdom on its own. The object of the convention is to improve standards throughout member states which are signatories. In fairness, the right hon. Gentleman may well accept that despite difficulties in many areas and with certain countries, standards are progressively being raised. Whether the backlog coming from Russia is quite as high as the right hon. Gentleman says I am not sure, but I think we can say that Russia makes a substantial contribution to the number of pending cases.
The current backlog stands at something of the order of 165,000 cases, and 127,000 of those, as I understand it, come from Russia. Given the proposals from the right hon. and learned Gentleman and the Justice Secretary for dealing with the reforms to the European Court, can he give the House some idea of how long that backlog will take to deal with?
Much depends on the outcome of the reform package that we might be able to implement. There are a number of things that need to be done. First, a very large number of those cases among the total of 165,000 are non-admissible. It is a question of processing them so that the individuals concerned can be told that their cases cannot be heard and the reasons for that. When it comes to the admissible caseload, the issue for the future—clearly, we have to clear the backlog—centres on subsidiarity and the extent to which the Court relies on national courts which are correctly implementing the convention to provide the solutions. This is one of the challenges, and in doing that we also have to recognise that for many countries the right of individual petition is very important.
2. What discussions he has had with the director of the Serious Fraud Office on the potential benefits of introducing corporate deferred prosecution agreements.
I have had a number of discussions with the director of the Serious Fraud Office about the potential benefits of introducing corporate deferred prosecution agreements. A great deal of very positive progress on this ongoing work has occurred in the past few months among the Law Officers Department and also the Ministry of Justice.
Deferred prosecution arrangements can apply only in the case of corporate bodies.
3. What discussions he has had with the director of the Serious Fraud Office on the need for further legislation to address economic crime.
I hold regular meetings with the director of the Serious Fraud Office where we discuss all aspects of the SFO’s work, including the need for further legislation to address economic crime, such as on deferred prosecution agreements.
I wonder whether the Attorney-General has read the speech given by the director of the Serious Fraud Office, Richard Alderman, to University college London? In that speech he said:
“One suggestion that I have is whether the time has come for us to recognise that recklessly running a financial institution may be a ground for criminal liability.”?
Does the Attorney-General agree with him?
As the hon. Lady will be aware, under the Bribery Act 2010, for example, the reckless running of a financial institution can already constitute a criminal offence. Whether that should be extended further in respect of corporations is a matter that the Government would have to consider carefully, as would the House.
The Attorney-General might be aware that one of the areas of economic crime where legislation might be lacking relates to the financial crisis. Will he advise the House on whether his conversations have included or will include the potential for investigation of the tax affairs of chief executives and directors of failed financial institutions?
That would normally be a matter for Her Majesty’s Revenue and Customs, not the Serious Fraud Office. However, the position of any prosecutorial authority is clear: if there is evidence of criminal conduct, it is in the public interest that it should be stopped and that those engaged in it should be punished if found guilty.
If the Attorney-General has not already done so, will he discuss with the Serious Fraud Office the possibility of bringing prosecutions arising out of the collapse of Farepak five years ago, when 120,000 people lost £38 million? If that is not possible, will he see whether it is possible to make legislative change to ensure that it does not happen again?
Such legislative change is a matter for another Government Department. On the question of prosecutions, I am not in a position to comment on an individual case. If the hon. Lady wishes to bring further details to my attention, I will certainly ensure that they are passed to the director of the Serious Fraud Office.
Is my right hon. and learned Friend surprised and/or disappointed that there has not been a series of prosecutions for fraud of bankers following the recent financial crisis?
If a matter that requires investigation is brought to my attention and to the attention of the Serious Fraud Office, the Serious Fraud Office or other prosecutorial authorities will investigate it. The fact that there may have been a financial collapse does not necessarily mean that criminal offences have been committed.
Tax evasion and tax fraud cost the Exchequer billions every year. If the Government are serious about reducing the deficit, would they not do better by chasing the tax evaders and tax fraudsters, rather than sacking public service workers and cutting public services?
If I may say so, that is rather a long way from the Serious Fraud Office. If the hon. Gentleman wants the statistics on the pursuit of tax evasion, I would be happy to provide them and write to him about it.
4. What plans he has to conduct a review on the disclosure of evidence obtained through undercover police operations.
I have no plans to conduct such a review. The Director of Public Prosecutions is taking action to improve how the Crown Prosecution Service deals with cases of this kind following the recent independent inquiry by the right hon. Sir Christopher Rose into the Radcliffe-on-Soar power station protest cases.
Has the Attorney-General made any progress in drawing up a memorandum of understanding for the sharing of information about the authorisation and activity of an undercover officer between the Crown Prosecution Service and the police?
The Director of Public Prosecutions has agreed to adopt the recommendations made following the recent independent inquiry by Sir Christopher Rose, which state that explicit guidance should be included in a prosecution team disclosure manual. The DPP has also confirmed that specific training on the proper handling of cases involving undercover officers will be given to all senior lawyers in the Crown Prosecution Service’s central casework division and complex casework units and to the chief Crown prosecutors and any CPS staff who chair case management panels. Relevant guidance is already available to CPS lawyers on their obligations under the Criminal Procedure and Investigations Act 1996 and joint working will take place with the police to ensure that everyone understands where their responsibilities lie in the matter.
On the issue of disclosure, will my right hon. and learned Friend ensure that he or the CPS thoroughly look into the circumstances in which a major and costly criminal trial involving allegations of police corruption collapsed recently in the Crown court at Swansea in order to ensure that lessons can be learned so that such mistakes relating to disclosure are not made again?
I can assure my hon. Friend that the Director of Public Prosecutions takes the collapse of that case very seriously indeed, and there will be internal inquiries and, I am sure, inquiries by the police into why it took place and the lessons that need to be learned from it. It is of course worth bearing in mind that, in terms of its history, it is very much a historic case, but that is no reason for any complacency about the lessons that we might be able to learn for the future.
5. What recent discussions he has had with the Crown Prosecution Service on the case of Babar Ahmad.
I have had no recent discussion with the Crown Prosecution Service in relation to that matter.
I should really like to understand what happened to the evidence in the Babar Ahmad case and, specifically, why the CPS apparently gave it directly to the United States without considering it first. Ministers have refused my written question on the matter, saying that it would “prejudice…proceedings”, so will the Attorney-General explain why and tell us what bilateral agreements are in place to allow evidence gathered by UK police about crimes alleged to have been committed in the UK to be provided to the US authorities in cases considered for trial in the US, such as that of Babar Ahmad?
As the hon. Lady will appreciate, the case is live, and that is the reason—I have no doubt—why the CPS has been guarded about any response that it can give to her. She has raised a number of very specific questions, however, and I respectfully suggest that the best thing to do is for me to write to her and to try to answer the specific matters that she raised at the end of her question.
What role can the Attorney-General and the Government play in ensuring that there are no more Babar Ahmad cases?
I have to try to work out where the right hon. Gentleman’s question is coming from, but the main complaint about the Babar Ahmad case is the length of time that it is taking. As he will be aware, proceedings started on 5 August 2004, and in this country proceedings, including the refusal of leave to appeal to the House of Lords, were completed on 6 June 2007. The problems and delays since then are in fact due to the European Court of Human Rights, and that ties in with my answers to earlier questions about the inordinate length of time that it takes to bring such cases to the European Court of Human Rights—with consequences, in the case of Babar Ahmad, that are plainly undesirable.
The Attorney-General may have read on 11 December in The Sunday Times, as I did with some interest, that the Government will be
“asking British magistrates to examine detailed evidence involved in each case”
and bringing forward plans to allow judges
“to order a trial in Britain if they considered it would serve justice better.”
Given that the House is committed to reforming extradition, are those the sort of changes that we are to expect, and when are we going to hear about them officially?
As the hon. Lady appreciates, the Home Office leads on the question of extradition. I indicated when I last took questions that the Government take the view that, first, they need to study the Scott Baker report, which they are doing, and then they will come to the House with proposals. I hope that that will be as soon as possible. In the meantime, I suggest to her that speculation in The Sunday Times is not always the best indication of Government policy.
6. What assessment he has made of the potential effects on prosecution rates of planned changes to legal aid for victims of domestic violence.
I have not made any assessment of the potential effects on prosecution rates of any planned changes to legal aid.
Does the Attorney-General agree with the Under-Secretary of State for Justice, the hon. Member for Huntingdon (Mr Djanogly) that a woman who has reliable eye witnesses, police and medical evidence, photos of injuries, has fled to a refuge and has a partner on a perpetrator programme should not receive civil legal aid to help bring her abuser to justice? If not, what will the Attorney-General do about it?
My responsibility is the superintendence of the Crown Prosecution Service for prosecuting those who are guilty of domestic violence, and the question of civil legal aid does not come into it one way or another.
Will my right hon. and learned Friend confirm that the Government intend to waive the financial eligibility limits in cases whereby a person applies for an order for protection against domestic violence, such as a non-molestation or occupation order?
There again, sadly, I am afraid that I have to say to my hon. Friend that she has to direct that question to Ministers in the Ministry of Justice. I do not have a responsibility for civil legal aid.
In view of the anxiety that there will be fewer prosecutions of people responsible for domestic violence as a result of these changes, will the Attorney-General agree to report to the House, a year after the changes have come in, on the number of prosecutions before and after the changes?
I appreciate the hon. Lady’s point, which is an important one. It is the view, and certainly the policy, of the Crown Prosecution Service that it will continue to prosecute cases of domestic violence and to give them a high priority, as I have said in this House on several occasions before. I would be very concerned if any of the other changes taking place in civil legal aid were to have an impact on that, but I have no reason to suppose from my discussions with the Director of Public Prosecutions that that is the case. The emphasis on prosecuting domestic violence remains a top priority for the Crown Prosecution Service.
Many of the victims of domestic violence have been trafficked into this country for domestic servitude. What is the Government’s view on providing legal aid to victims of human trafficking?
In so far as somebody may be a victim, they do not need legal aid. My hon. Friend will be aware that for victims of human trafficking who, in the course of human trafficking, may have technically committed offences, there is a protocol in place to ensure that they should not be prosecuted without very good reason. From that point of view, I do not see, in terms of my responsibilities for criminal justice, that their needing legal aid as victims comes into it.
7. What recent assessment he has made of the effects on prosecution rates of specialist domestic violence courts.
Evaluations of specialist domestic violence courts in 2005 and in 2008 clearly demonstrated that SDVCs involving specialist domestic violence support services have contributed to improving prosecution rates as well as safety for domestic violence victims. There have been no further assessments since 2008.
County Durham achieved specialist domestic violence court status in 2006, since when there has been a huge increase in the number of successful prosecutions for domestic violence. These courts have not only brought more perpetrators to justice but have achieved more appropriate sentencing. What guarantee can the Attorney-General give that those very positive outcomes will not be put at risk by cuts to the court services?
First, I entirely agree with everything the hon. Lady said. I pay tribute to the previous Government for the emphasis that was placed on this area when the SDVC system was set up. Although there is a court rationalisation programme that will impact on SDVC provision in 21 court houses in 22 systems, all courts affected have received guidance and support to ensure a smooth transition so that the revised courts will be able to provide the same quality of service. That is a commitment that the DPP and the CPS take extremely seriously. I very much hope that although some courts will have to close, the quality of service that is available at the courts that are open and to which transfers of the work are made remains of the highest quality.
8. What charging responsibilities have been transferred to the police from the Crown Prosecution Service.
9. Whether the Crown Prosecution Service plans to evaluate the effects of the transfer of responsibility for charging from the CPS to the police.
The transfer of charges from the Crown Prosecution Service to the police under the fourth edition of the DPP’s guidance on charging was completed in June 2011. The following charging responsibilities have now been transferred to the police from the Crown Prosecution Service: summary-only matters where a not guilty plea is anticipated; criminal damage offences under £5,000 where a not guilty plea is anticipated and can be tried summarily; and Fraud Act 2006 and handling offences where a guilty plea is anticipated. There are certain exceptions that must continue to be referred to the CPS, which is currently undertaking an evaluation of the transfer that is expected to be completed early in 2012.
Is the main reason for transferring the charging responsibility to save money, and how much money does the CPS expect to save?
No, it is not to save money. It was a question of whether the system could be operated more efficiently. Some anxiety was expressed when the pilots were commenced, but the evidence from the Crown Prosecution Service has overwhelmingly been that the system is working well. For that reason, we are happy to consider, on a pragmatic basis, rolling it out further. Ultimately, whatever charging decision is made, decisions on prosecution will remain with the CPS.
Before I ask my question, I should declare that I was employed by the Crown Prosecution Service many years ago, that I have been instructed by the CPS as an independent barrister and that I have a family member who works for the CPS. In my area, Greater Manchester police are closing their files management unit, which prepares files for the CPS, so that the officers can be put on the beat. Coupled with the devolved powers to police officers, that has led to a deterioration in the quality of the files that are sent by the police to the CPS. Because of this money saving by the police, the CPS has ended up spending more resources and personnel on sorting out these cases, which should have been dealt with properly by the police.
If what the hon. Lady says is correct, it should not be happening. If she would like to give me the details of the particular office where this is occurring, the best thing that I can do is to have it looked into and write to her. I accept that all transitions can cause problems, but the CPS is clear that the basis for allowing these changes to go forward is that they will improve efficiency.
(13 years, 2 months ago)
Commons Chamber10. What discussions he has had with the Secretary of State for the Home Department on the Baker report on extradition arrangements.
I have not had any such discussions with my right hon. Friend the Home Secretary.
Does the Attorney-General recall saying, in 2009, when in opposition,
“Our extradition laws are a mess. They’re one-sided. A Conservative government will re-write them”?
Will they? Or is this another example of this Government’s signature policy of promising miracles in opposition and delivering nothing in government?
The first thing the coalition Government decided to do on taking office was ask Lord Justice Scott Baker to preside over a report; of course, he was helped by others in that. We have now had that report. I will consider the recommendations that are specific to the Law Officers in conjunction with the Director of Public Prosecutions and the director of the Serious Fraud Office. That involves discussions with devolved jurisdictions. Of course, my right hon. Friend the Home Secretary will consult on the recommendations that touch on her responsibilities, together with other members of the Government who can provide some input.
What consideration has the Attorney-General given to implementing a forum bar to give judges more discretion in deciding whether it is in the interests of justice for cases to be tried in the UK, such as the case involving Gary McKinnon, or where the offence was committed in the UK and it is difficult for the defence to bring witnesses and evidence to a foreign jurisdiction?
The hon. Gentleman makes an important point, which is touched on in Lord Justice Scott Baker’s report, and will have to be taken into account in the Government response. He will be aware that Lord Justice Scott Baker’s proposals are guidelines, rather than an implementation of the forum bar. That is something that the Government will have to consider.
I have the misfortune to disagree with Lord Justice Scott Baker’s conclusion in relation to the standard of proof. May we have an assurance from the Attorney-General that in determining these matters proper account will be taken of the principle of reciprocity, and that it will be ensured that British citizens are not at a constitutional disadvantage in comparison with their American counterparts?
Mr right hon. and learned Friend makes another important point. Again, that is one reason why we asked for that matter to be looked into by Lord Justice Scott Baker and those who served with him. We are going to have to take account of his proposals, and I hope very much that my right hon. and learned Friend will make a contribution to that discussion.
Will my right hon. and learned Friend give the House the reaction, if any, from international counter-parties to the Baker report?
I am afraid that I cannot comment on the reaction from international counterparts. There is interest in the matter—indeed, I have been made aware of that by a number of sources, particularly in respect of people connected with the United States. Outside that, however, I cannot comment formally, and I think it is likely that any formal response would go to my right hon. Friend the Home Secretary.
3. What recent discussions he has had with the director of the Serious Fraud Office on its procedures for investigating cases of bribery and corruption.
4. What recent discussions he has had with the Director of the Serious Fraud Office on its procedures for investigating cases of bribery and corruption.
I hold monthly meetings with the director of the Serious Fraud Office to discuss all aspects of the SFO’s work, including what it is doing to counter bribery and corruption. The Bribery Act 2010 came into force on 1 July 2011, and the SFO was well prepared for that. The SFO website provides detailed information, including joint prosecution guidance from the director of the SFO and the Director of Public Prosecutions.
No one has faced prosecution as a result of the global financial collapse. Does the Attorney-General think that that is because there was no wrongdoing, because the SFO is not doing its job, or because we need a change in the law?
I have no evidence that there is any need for a change in the law. As and when matters are brought to the attention of the police or the SFO that require investigation and that may be linked to the global collapse, they will be investigated and inquired into. She will appreciate that I am not in a position to comment on individual cases in the House for obvious reasons.
Is the Attorney-General not a little complacent, because the Bribery Act is a new measure that came into force in 2011? There is concern around the world about the way in which global markets have operated, so the SFO should at least have a look at changes that might need to be made to the law.
The law on bribery and corruption has been looked at extensively by the House, and new legislation has been enacted. I believe—and I think that this view is shared across the House—that the legislation is fit for purpose. It has been applied in one case domestically, and no doubt it will be applied in cases concerning global finance, too. As I said in response to the previous question, unfortunately, I cannot comment on individual cases, but I have seen nothing in my routine business meetings with the Serious Fraud Office to make me think that this is an area—I understand that it is of concern to the House—that has in some way been overlooked.
Following the two questions that I put to the Prime Minister on this subject, will the Attorney-General liaise with the Chancellor of the Exchequer to widen the scope of liability for criminal action against financial institutions, as in the recently passed Dodd-Frank Act in the United States, so that the concept of the presiding mind can be introduced into British law, thus greatly facilitating the prosecution of top bankers who in future behave in a disgraceful way?
I thank my right hon. Friend for that. Section 7 of the Bribery Act 2010 already goes some way in the direction of what he suggests. In addition to that, I know that the Law Commission is carrying out research into this area, and I look forward to seeing its conclusions on what changes to the law might be required.
The Attorney-General will recall that he once said about a case of bribery in Saudi Arabia that decisions balancing the national interest and the need to prosecute should lie with the director of the Serious Fraud Office alone. Indeed, as he has already said, there was cross-party support for Labour’s Bribery Act which enshrined that in law. If this is still his view, will he be instructing the Serious Fraud Office to proceed with a full investigation into the allegations by whistleblower Lieutenant Colonel Foxley of £11.5 million in kickbacks paid to senior Saudi officials? When does he expect to make a decision on the case of GPT? If he decides to stop the case, will he come to the House and explain why?
May I make two points to the hon. Lady? First, a decision on whether to investigate any matter—I am afraid I cannot comment on an individual case—is a matter for the director of the Serious Fraud Office and the Serious Fraud Office itself. Secondly, if, in the course of such an investigation, issues concerning the public interest were to come to light that required my being consulted and any decision being made, I can assure the hon. Lady that I would come to inform the House of any decision that I took, particularly if any such decision at any time were in any way to override a decision of the director of the Serious Fraud Office, or if there was a public interest matter which led to the case coming to a conclusion other than that which one might have expected.
5. What discussions he has had with the Crown Prosecution Service on progress in issuing gang injunctions.
As the Minister responsible for conduct of litigation before the European Court of Human Rights, I have been involved in the discussions on the United Kingdom’s priorities for the chairmanship, which the Minister for Europe announced to the House on 26 October.
But does my right hon. and learned Friend agree that, despite the adoption of protocol 14, with 150,000 cases still outstanding at the ECHR, equating to a backlog lasting 40 years, further reform of the system of application is clearly needed, particularly with regard to the right of individual petition?
My hon. Friend is absolutely right that the backlog is now nearly 160,000 cases. It results in long delays for applicants, including many victims of serious violations, and effectively threatens to deny them access to justice. The Government are determined to try during our chairmanship to secure agreement to a set of efficiency measures that will help the Court deal with the backlog. In particular, we want to develop practical measures to strengthen subsidiarity. Primary responsibility for implementing the convention falls on national authorities in the Council of Europe’s member states, and the Court’s role should properly be to act as a safeguard for cases where a national authority fails to implement the convention properly. I think that that can be done without removing the right of individual petition, which is an important safeguard in countries that are members of the Council but where the human rights record is not good.
In view of the Attorney-General’s last answer, what pressure will Britain bring to bear during its chairmanship on eastern European countries where the treatment of Travellers, Gypsies and Roma people is so appalling and where many of them are unable to access local courts, never mind national ones, so that what happens in the European Court of Human Rights is completely beyond them? Does he not accept the need to pressurise those national Governments who are signatories to the European convention?
The hon. Gentleman is absolutely right that all 47 members of the Council of Europe need to observe the terms of the convention. If there were no violations of the convention, no successful cases would be brought before the Court. There are mechanisms—the Committee of Ministers is one—for enforcing judgments that have been handed down and preventing clone cases from coming back again and again and cluttering up the Court. Individual countries can try to take a lead, as I am sure the United Kingdom can, and of course the Human Rights Commissioner is central in trying to improve standards. It is worth bearing it in mind that, despite the hiccups and difficulties, standards are improving overall, which is a measure of the extent to which the convention has been a great success.
Does the Attorney-General recognise that, in seeking support from member states for necessary reforms of the Court, it would be helpful to make it clear that Britain is seeking not to abandon or leave the European convention, but to have a Court that can effectively safeguard against serious breaches of human rights?
I entirely agree with my right hon. Friend. That point is made repeatedly by Ministers. I represented the UK two weeks ago in the European Court of Human Rights on the intervention in the case of Skoppola. I took the opportunity to get that message across very clearly in subsequent meetings with a number of people connected with the Court and the Council of Europe.
7. What steps he has taken to ensure that reductions in funding for the Crown Prosecution Service do not adversely affect front-line services.
8. What recent assessment he has made of the effectiveness of multi-agency risk assessment conferences in improving domestic violence prosecutions.
I have not made any recent assessment of the effectiveness of multi-agency risk assessment conferences in improving domestic violence prosecutions. The most recent assessment, which the Home Office published in July, found that such conferences had the potential to improve victim safety and to reduce repeat victimisation, but that a more robust evaluation would be required. We see multi-agency working as a key component of the Crown Prosecution Service’s work to improve prosecutions in that area and to support victims, and we will continue to work with the Home Office on the matter.
Earlier this year the Attorney-General and the Solicitor-General visited Gwent police’s Onyx unit, which they declared to be one of the best in the country at delivering substantial change in the conviction rates for domestic violence and rape. The Attorney-General has repeatedly acknowledged the role that those services play, but can he confirm that he and the CPS are actively monitoring the impact of the cuts on them?
Yes, I can confirm that the CPS has very much in mind whether any areas of savings that may be made might have an adverse impact on the service that is provided to victims of violence against women and of domestic violence. My information is that the CPS does not believe that its own work has been in any way undermined or lessened by such measures. That service remains one of its high priorities, and it is a high priority for us as Law Officers as well.
(13 years, 3 months ago)
Commons Chamber1. What recent discussions he has had with the Secretary of State for Justice on magistrates’ sentencing powers.
I meet the Justice Secretary regularly, when we discuss a range of criminal justice issues, including magistrates’ sentencing powers.
It is clear that the Attorney-General and the Justice Secretary do not see eye to eye on magistrates’ sentencing powers. Will the Attorney-General clarify whether he disagrees with any other aspects of the Legal Aid, Sentencing and Punishment of Offenders Bill, which is currently going through Committee, such as the likely increase in the number of people forced to represent themselves in family law cases?
To stick to the point that arises from the question that was initially asked, I can assure the hon. Lady that there is no difference of view between my right hon. and learned Friend the Lord Chancellor and myself on this matter. As she will be aware, in 2003, the previous Government introduced the power for magistrates to increase sentences as part of custody plus, but were never able to implement it because, I think, they were concerned about the rise in the prison population. There remains an issue of debate about the value of increasing those powers. It would undoubtedly put more cases into the magistrates courts, but at the same time it would run the risk of increasing the prison population. The problems remain much as they were under the previous Government. My right hon. and learned Friend has therefore taken the decision that it is best to keep this power in reserve, even though the way it is expressed at the moment is by no means perfect—it is linked to custody plus in the Criminal Justice Act 2003—and to consult thereafter on whether it could be brought into operation profitably to improve the working of the criminal justice system or might have to be replaced by a similar provision that was not linked or worded in the way that it is at present.
Is it correct that, on average, magistrates have imposed significantly longer sentences for offences committed in the context of the riots? If it is correct, does my right hon. and learned Friend welcome that, as I do, and will he confirm that magistrates are absolutely right to take the context in which certain offences are committed into consideration when determining sentences?
The courts always take the context in which an offence is committed into consideration in determining the appropriate sentence. Few people would disagree with the principle that it is a serious aggravating feature if an offence is committed in the midst of riotous assembly and general mayhem. As usual, if for any reason the courts have passed a sentence that is excessive or inappropriate in any way, it can be reviewed by the Court of Appeal. I am afraid that I cannot help my hon. Friend on the precise statistics. Quite apart from anything else, many cases are still coming into the courts in respect of behaviour and crime committed during the riots, and it is far too early to make a final assessment.
The Attorney-General assured the Justice Committee that he had given no guidance whatever to judges or magistrates on sentencing policy after the riots. Nevertheless, is he not concerned about the apparently disproportionate sentences that have been handed down to a lot of young people, which may of course be changed on appeal? Is he prepared to undertake a study so that we can see what has happened and find out how many young people who naively got involved in things that they should not have been involved in have been given wholly disproportionate sentences?
I appreciate the hon. Gentleman’s question, but I repeat what I said to the Justice Committee, which is that it is none of my business. It would be improper of me to express a view on individual cases and the sentencing done by judges. There are occasions when serious offences come to my office under the unduly lenient sentences referral scheme, which may be referred to the Court of Appeal. However, that does not really come into the picture in the matter that the hon. Gentleman raises. I have no doubt that how sentences have been passed in the post-riot period will be the subject of study in due course, as such things usually are. As I said in answer to my hon. Friend the Member for New Forest East (Dr Lewis), many cases are still coming into the courts. The hon. Gentleman should bear in mind that there are currently cases before the Court of Appeal in respect of the riots, and it will doubtless be able to provide some guidelines.
In his discussions with the Secretary of State for Justice, has the Attorney-General looked at magistrates using restorative justice as part of their sentencing powers?
The Lord Chancellor is certainly committed to using restorative justice as part of his programme of reducing reoffending through the rehabilitation of offenders. Powers are available to magistrates in that area. As my right hon. Friend will appreciate, further changes to the law are a matter for the Lord Chancellor and his Department, rather than for me.
2. What representations he has received on the updated guidelines issued to prosecutors by the Crown Prosecution Service on the offence of female genital mutilation.
I have received no representations regarding the new legal guidance on female genital mutilation published by the Crown Prosecution Service on 7 September 2011.
It is well known that European countries such as France and Sweden have brought successful prosecutions on this matter, but it may surprise the House that many African countries such as Liberia, Ghana, Kenya and Burkina Faso have also brought such prosecutions. However, in the 25 years since the UK legislated on this matter, we have brought no prosecutions for this terrible crime. Does the Attorney-General feel that the new guidelines will bring that possibility closer, and will he urge prosecutors to use the expertise built up in child sexual abuse cases to bring prosecutions closer?
As I am sure my hon. Friend will understand, the Crown Prosecution Service has cases referred to it by the police, and if cases of female genital mutilation are referred, I can absolutely assure her that every effort will be made to prosecute them successfully if the evidential base on which to proceed is present. I understand that, in 2010-11, only one case was considered for prosecution by the CPS, and it resulted in no further action being taken because it did not meet the evidential criteria.
I entirely agree with my hon. Friend that if we are to prosecute such cases successfully, we need to create a climate in which victims can come forward. Of course, in many cases people will have become victims when very young, and that is one problem that besets the matter. I simply say, finally, that the fact that there have not been prosecutions does not necessarily mean that the legislation is not succeeding at least in providing some deterrent effect on individuals engaging in this appalling behaviour.
I strongly support the thrust of the questions asked by the hon. Member for Battersea (Jane Ellison). Would it not perhaps be sensible to monitor unexplained absences from school among young girls from certain communities, to try to build up some evidence to pursue prosecutions?
The hon. Gentleman makes a very good point. I certainly know anecdotally, and indeed from visits to a school in my constituency, of concerns being expressed by teachers about the absence of pupils who appeared to have been sent abroad. In that context his idea is very sensible, but as he will appreciate, it will require co-ordination. The Crown Prosecution Service will not be able to do it on its own.
4. What proportion of savings to be made by the Crown Prosecution Service over the comprehensive spending review period will be made through a reduction in staffing costs.
A reduction in staffing costs will account for an estimated 60% of the total savings to be made by the Crown Prosecution Service over the spending review period.
Given that the CPS’s own submission to the spending review said that a 25% budget cut would bring considerable risk to service delivery, what steps is the Attorney-General taking to ensure that Government cuts do not damage its ability to prosecute crime?
When these savings were first outlined, the Director of Public Prosecutions and I gave very careful consideration to whether they could be achieved without reducing front-line services. As the hon. Lady will be aware, the plans centre principally on reductions in staff numbers at headquarters, recruitment freezes and the streamlining of services, particularly savings in IT services and elsewhere. For that reason, the CPS and the DPP remain of the view that it is possible to implement the budget reductions without affecting front-line services.
The concerns about the cuts to the capability of the CPS are matched by concerns about the capacity of the Serious Fraud Office, whose job is to investigate and prosecute cases of domestic and overseas corruption. Given those concerns, has the SFO been able to brief the Attorney-General on the case of 3M v. Boulter in Washington, which is a case of blackmail that allegedly involves the attempted dishonest settlement of a dispute between an American company and a subsidiary of the Ministry of Defence? Some may be aware that the case has arisen of a meeting at the five-star Shangri-La hotel in Dubai between Porton Capital’s chief executive Harvey Boulter, the Secretary of State for Defence and the latter’s friend Adam Werritty, at which it has been alleged that there was a conversation about $30 million and the taking away of a knighthood. Will the Attorney-General assure the House that the advice that he receives, and the action that is to be taken, will not be affected by cuts to the prosecuting departments?
May I first welcome the hon. Lady to her new post? I look forward to many opportunities to debate matters with her, and I congratulate her on her appointment. So far as the matter that she has raised is concerned, I simply make a couple of points. The SFO will examine cases that are referred to it, and as she will be aware, in any case that might have any degree of political sensitivity, by convention, proper steps are taken to ensure that the Law Officers’ role is kept to a minimum.
5. What recent discussions he has had with the Director of Public Prosecutions on the prosecution of cases involving allegations of domestic or sexual violence.
I have not had a recent discussion with the Director of Public Prosecutions in relation to domestic and sexual violence. However, I support the continuing work of the Crown Prosecution Service to improve prosecutions in that area and to support victims of crime.
Last month, I met Change, a user-led organisation of people with learning disabilities, which highlighted the extent of domestic abuse against people with learning disabilities. Will the Attorney-General tell me what steps the Government are taking to ensure that such victims are properly catered for in criminal proceedings, and what discussions he is having with colleagues across the Government to ensure that such vulnerable victims are properly looked after?
The hon. Lady is right to highlight this matter. A great deal is done by the CPS in multi-agency working at a national level to try to ensure that there is good support for victims who come forward in such a setting. If the hon. Lady wishes me to write to her with further details on the specific instances that she raises, I will be most happy to do so. However, from my discussions with the Director of Public Prosecutions, I have been left with a sense of confidence that there is a full understanding of the difficulties raised by such cases, that the CPS will do its utmost to ensure that justice is done and that prosecutions are brought wherever possible, and that the victim is supported during the process.
One in four girls are hit by their boyfriends—some are as young as 14 and 13. What action will the Attorney-General take to deal with that?
My hon. Friend highlights an area of undoubted concern—violent behaviour by younger teenagers—but as she will appreciate, that is first a matter for the police. Secondly, if such cases come to the attention of the CPS, consideration must be given as to whether it is in the public interest to prosecute. Each case will turn on its own facts, and prosecutorial discretion may have to be exercised in such circumstances.
That said, if my hon. Friend feels that that is a growing difficulty, the multi-agency approach that we were talking about in a different setting a moment ago will probably be the only way to tackle it. At the end of the day, prosecutors can take only one of two decisions—to prosecute or not—but prevention must come from other agencies.
6. What recent discussions he has had with the Director of Public Prosecutions on the prosecution of cases involving allegations of human trafficking or slavery.
7. What plans he has to increase prosecutions of those involved in human trafficking.
I have had no recent discussions with the Director of Public Prosecutions on the prosecution of cases involving human trafficking or slavery. However, the Crown Prosecution Service is working with law enforcement agencies and others, both in the UK and in source countries, to improve the investigation and prosecution of those involved in human trafficking. The CPS is also encouraging victims of human trafficking to support criminal proceedings.
Having worked with the remarkable children caught up in this appalling trade over many years, I can tell the Minister that the most effective way to increase the number of prosecutions is to provide support for victims. Will he mark anti-slavery day by announcing a formal system of child guardianship, so that we no longer have the appalling spectacle of children as young as five having to instruct their own lawyers, simply because there is no one else to do so?
The specific matter that the hon. Lady raises is, I am afraid, outside my immediate remit in terms of my responsibilities for the CPS. As she will be aware, the Government announced the decision to opt in to the EU directive on human trafficking in March 2011. We are now working closely with the Commission on its implementation, which includes the review of our domestic legislation to ensure that it complies with the provisions, and that it does not inhibit our ability to bring successful prosecutions. The Government, the CPS and I will continue to give human trafficking a high priority. For those reasons, I hope that the hon. Lady’s point will be given consideration at the same time.
I read with interest the CPS report on prosecuting human trafficking cases, and I cannot understand how the Minister can say that the matter is not within his remit, because it quite clearly talks about vulnerable children, the need for adequate support and safeguarding. It is difficult to get prosecutions if those children flee, and we do not know how many are in care or how many are missing. Surely the obvious thing to do would be to have a scheme of guardianship, in which the children are looked after individually. They could then be supported through the process of going to court, so that we can get prosecutions for this heinous crime.
I appreciate the hon. Gentleman’s point, and for the reasons that I gave in answer to the hon. Member for Wigan (Lisa Nandy), I can see that it has considerable force, but I do not think that it is the specific responsibility of the CPS to deliver on this. It would require work with other agencies to achieve it and, for those reasons, it is something that I am happy to see taken forward, but it is not something that the CPS on its own can deliver.
The Attorney-General is right that the issue of guardianship is for other parts of the Government. However, he is responsible for sentencing. The Government, in their human trafficking strategy, promised a review by December. Will he update us on how that review is going and congratulate the Prime Minister on marking anti-slavery day by having a reception in Downing street on 19 October?
I join my hon. Friend in congratulating the Prime Minister on properly commemorating anti-slavery day. I am afraid, however, that I am not in a position to give my hon. Friend an update. There is a timetable for this report to come out. If I have any further information on the matter, I shall write to him.
Human trafficking is a crime that crosses borders. What discussions have been held with Europol and Eurojust to try and catch the real perpetrators of this terrible crime?
I know that there are frequent discussions between police services and the CPS and its counterparts about co-operation. As the right hon. Gentleman will be aware, the EU directive on human trafficking is designed to provide a measure of co-ordination in this area. I have to say again to him that I would be happy to arrange a briefing for him from either the police or the CPS, if that would be of assistance to him in understanding the details of how that work is carried out. However, I am confident from what I know of the work being done that a high level of co-operation is achieved with our partner countries.
The original question was about how the Attorney-General will increase the number of prosecutions. According to an answer that I received not long ago, there have been only six prosecutions for holding someone in slavery since the introduction of that specific offence 17 months ago. What will he do to increase the number of successful prosecutions for holding people in servitude?
There has been at least one reference by my office to the Court of Appeal of an unduly lenient sentence in which that sentence has been increased. In addition, I think that the CPS acknowledges that trafficking for forced labour is a particularly difficult area in which to get people to come forward and give evidence. The CPS will therefore continue to work with other agencies, including the police, to try to provide an environment in which that can better happen.
8. What recent discussions he has had with the Secretary of State for the Home Department on the effect on prosecutions of the closure of the Forensic Science Service.
I have met the Under-Secretary of State for the Home Department, my hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), who has responsibility for crime and security, twice since April 2011 to discuss issues and progress around the closure of the Forensic Science Service. Furthermore, representatives from my office and the CPS attend regular Home Office-led FSS transition board meetings and participate in key groups leading the FSS closure process.
Will the Attorney-General clarify whether he and the CPS were consulted before the announcement of the FSS closure? If so, what was his response and that of the CPS?
Yes, we were consulted, and our response was that, on the basis of our understanding of how the closure was to be carried out, the Director of Public Prosecutions was satisfied that the quality of forensic science available to the CPS would be maintained.
You were given duff information.
In view of that intervention, I would simply add that the current position is that the closure process has been monitored and the DPP remains satisfied at present that in no case has the closure of the FSS had any impact on his ability to carry out prosecutions within the CPS.
I am immensely grateful to the Attorney-General, whom no one could ever accuse of excluding from his comprehensive answers any fact that he judges to be material. We are most grateful to him.
(13 years, 8 months ago)
Commons ChamberI have not held specific discussions with ministerial colleagues on the provision of domestic and sexual violence services to support prosecutions. The Solicitor-General is a member of the inter-ministerial group on violence against women and girls, which is responsible for monitoring progress against its action plan. This action plan identifies the importance of support for victims of violence against women.
I know that the Attorney-General has recognised the importance of specialist services in pushing up prosecution rates. Does he share my concern about the cuts to these services up and down the country? If so, what is he doing about it?
It is worth bearing in mind the fact that the Department for Communities and Local Government has secured £6.5 billion of funding for the Supporting People programme, which will include accommodation for vulnerable people, including domestic violence victims, over the next four years. That equates to an average annual reduction over the four years of less than 1% in cash terms. In addition, I can reassure the hon. Lady that the issue continues to be a high priority for the Crown Prosecution Service and the police. The evidence to date suggests that despite the difficult financial climate, the success rate for prosecuting this type of offence continues to improve.
Will the Attorney-General agree that, contrary to recent media distortion, Members on both sides of the House take crimes of violence against women very seriously indeed? Will he further assure the House that the Government will continue to support alleged victims of rape and that he will do all he can to ensure that justice is done in cases that are often very difficult to prosecute?
I can assure my hon. Friend that that is the position. The provision of specialist co-ordinators and rape prosecutors, the issuing of stalking guidance and the effective monitoring of the measures we have put in place will continue. As I said in answer to the earlier question, the evidence suggests that the good work done by the previous Government is being successfully continued. I want to emphasise that both in terms of the volume of prosecutions and their success rate.
2. What priorities the Crown Prosecution Service has set during the comprehensive spending review period.
3. What plans he has to reduce the administrative burden on those completing references for candidates for appointment to Crown Prosecution Service advocate panels.
On 17 May 2011, the Crown Prosecution Service announced three changes to improve the reference process: allowing additional time by extending the deadline for applications by two months; removing the requirement for a minimum number of judicial references; and allowing references to be submitted directly to the CPS, rather than via the candidate.
I am most grateful to my right hon. and learned Friend for that answer, but he will probably know that the completion of such references—indeed, the entire process—places a considerable burden on the judiciary and others. Will he undertake to ensure that a rather more simplified procedure is applied the next time such an exercise is undertaken?
As my hon. and learned Friend will be aware, the issue is ensuring that the panels prepared by the CPS are of a high quality, and are able to provide both sustained support to the CPS and regular work to the barristers who are on them. I have to say that I do not agree that the forms are particularly onerous to fill in. A form requiring somebody to provide between 100 and 300 words of reference does not seem to me to be onerous. Many judges are very happy to fill it in, but there are always lessons to be learned from any process of change, and I will bear in mind his comments.
Does the Attorney-General agree that there is widespread concern among the criminal Bar about the new procedure, notably the fact that someone who is unsuccessful in applying for one grade is not allowed to apply for another? There seems to be no parity with CPS in-house advocates.
The process of evaluation of CPS in-house advocates is at present extremely complicated, and rather thorough. I do not think that it could be satisfactorily extended to the independent Bar. Discussions on the panels’ structure are continuing between the Director of Public Prosecutions, the Bar Council the Criminal Bar Association and the circuits, and I am rather confident that they will find a satisfactory solution. I would like to emphasise, however, that the provision of those services by the independent Bar in future is dependent on having an effective panel system in which there is widespread confidence.
4. What recent discussions he has had with the Crown Prosecution Service on the prosecution of cases involving allegations of forced marriage.
7. What steps he is taking to maintain the capacity of the Serious Fraud Office to investigate and prosecute economic crime during the comprehensive spending review period.
The Serious Fraud Office will meet the requirements of the comprehensive spending review by making efficiency savings in all areas of its business and ensuring that its budget is focused on its core activities of investigating and prosecuting crime. The Crown Prosecution Service also recognises the need to ensure that fraud and economic crime are prosecuted effectively and efficiently. Its structure ensures that cases requiring input and direction by specialist prosecutors are dealt with rigorously.
The director of the Serious Fraud Office has said:
“My concern has always been if investigations and prosecution powers…are split, the fight against complex economic crime will be damaged.”
Does the Minister share those concerns? If so, why are this Government insistent on letting dodgy bankers off?
I am not quite sure that I see the direct correlation between the second part of the hon. Gentleman’s question and the first. On the structure of the Serious Fraud Office, it is certainly my opinion that the present structure has been successful in delivering growing effectiveness in dealing with serious and complex fraud. The director has an important point to make. The Government are discussing how they can achieve the best structures for dealing with serious and complex crimes of all kinds, and discussions are taking place on how the Serious Fraud Office will fit into that structure. I can assure the hon. Gentleman that the point that he has raised is very much in the Government’s mind.
Nevertheless, the director of the Serious Fraud Office has major concerns. If the Attorney-General is determined to pursue this route, what assurance can he give the House that the impact of the change on complex crime prosecutions will be monitored, so that it does not have the effect that my hon. Friend the Member for Kingston upon Hull East (Karl Turner) is concerned about?
The hon. Gentleman pre-judges a decision that has not been made. It is sensible within government for discussion to take place on how to improve the services, including prosecution, that the Government deliver. My point in reply to the earlier question was that the director has an important role in contributing to that debate, and I am sure that his views will be listened to very carefully. I certainly listen to them very carefully indeed.
In his previous question session, the Solicitor-General told the House that the UK’s international reputation on tackling corruption would be safeguarded by his getting on with his job. Will he therefore explain how he expects staff at the SFO to get on with their crucial jobs in the face of 50% budget cuts and the separation of its investigation and prosecution functions?
The first point to make is that the Serious Fraud Office is getting on with the job very effectively indeed. During 2010-11, it took 17 complex cases to trial with at least one conviction in every case; 31 defendants, both corporate and individual, went to trial, of whom 26 were found guilty, giving a conviction rate of 84%. That is an extremely good rate, and I wish to see it continued and built on. I have every confidence in the professionalism of the Serious Fraud Office and in its dedicated staff in delivering its service. I have every confidence that they will be able to do so in the future as well.
As The Times reports today, the Government’s proposals on serious fraud and international corruption are in total disarray. First, there was dilly-dallying over the Bribery Act 2010 and now there are trailed press reports on dismantling the SFO. Are the Government following the trend and going soft on economic crime? When will a statement on the SFO’s future be made, and will the Attorney-General confirm that it will be made first on the Floor of the House?
I have no doubt at all that it will be made first on the Floor of the House, but I entirely disagree with the hon. Lady’s premises. The position is very straightforward. The SFO is doing a good job, but I think everybody agrees that we need to see ways of improving the fight against economic crime. To take the hon. Lady’s point to its logical conclusion, there should be no discussion in government or anywhere else about such structures because doing so might raise some uncertainty. I simply do not share that view. I am confident that we will come out with the correct outcomes and that they will enhance our capacity to deal with economic crime generally. [Interruption.]
Order. I was trying to indicate gently that the hon. Member for Kingston upon Hull East (Karl Turner) must not leave before the question has been concluded. I am sure that he is enjoying the exchanges.
In parts of the United Kingdom, there is widespread organised criminal activity. During the comprehensive spending review, what assurance can the Minister give us that those involved will not be able to gain yet more from their illegal and ill-gotten deeds and activities?
The hon. Gentleman makes a very important point, perhaps missed by other questioners —that there are different kinds of economic crimes, some of which move into serious organised crime as well. That is why it is so important for the Government to give this matter a high priority. As I said to the hon. Member for Newcastle upon Tyne North (Catherine McKinnell), that is precisely why my right hon. Friend the Home Secretary and others, as well as me, have been focusing on how to deliver the best outcome to cover the sort of thing that the hon. Member for Strangford (Jim Shannon) has spoken about, while also ensuring that the financial end of serious crime is tackled correctly. I am very confident that we are going to come up with the right solutions.
Will the Attorney-General assure us that the Serious Fraud Office will not be swallowed up by the national crime agency, relegating fraud and corruption to third place after terrorism and organised crime?
I am absolutely confident—because of my own commitment and that of my fellow Ministers to this matter—that the area of crime the right hon. Gentleman identifies is of the highest priority to the Government. That is precisely why it is being discussed. I can reassure him—and I will stand by it when the time comes for announcements—that the outcome will commend itself, I hope, widely across the House.
9. When he last met the Director of the Serious Fraud Office to discuss the investigation and prosecution of transnational bribery.
(13 years, 10 months ago)
Commons Chamber2. What the policy of the Serious Fraud Office is on seeking costs from those convicted as a result of a prosecution brought by the office.
The SFO considers costs in all criminal proceedings where a conviction is secured.
I am extremely pleased about the change of policy in the case of the British Aerospace contract in Tanzania, for which costs were sought and paid. Will the Attorney-General make sure that costs are always sought where there is a conviction? At a time of very tight public expenditure, it is important for the SFO to get income from wherever it can in order to investigate and prosecute such cases.
I entirely agree that costs should normally be sought. Of course there may be instances where that is simply not appropriate, such as where the defendant is destitute or penniless and it is clear that a cost order will serve no purpose—and, indeed, a court is unlikely to make one. Subject to that, however, it is the normal policy that where a conviction is secured, costs are sought.
3. What plans the Crown Prosecution Service has to improve the effectiveness of prosecution policy in human trafficking cases.
5. If he will place in the Library a copy of the speech he made to Politeia on 14 February 2011.
I did not make a formal speech during the Politeia event, so any comments I made were in response to points raised during a seminar. I therefore regret that I do not have any written record that can be placed in the Library.
The Attorney-General is reported as having said the following at the Politeia seminar:
“The court”—
the European Court of Human Rights—
“doesn’t have the last word. It only has the last word so far as parliament has decided that it should. We could, if we wanted to, undo that—I think we should always bear that in mind—and actually undo it without some of the consequences we have over the European Union.”
Did he say that? If so, what does it mean?
The question arose in the context of parliamentary sovereignty. What I said to the seminar was what I also said to this House on the previous Thursday, which was that the operation of the European convention on human rights and the jurisdiction of the Court are based on the UK having signed up to the convention in the late 1940s and having ratified it through Parliament, with Parliament thereby accepting the jurisdiction of the Court. It is legally open to Parliament to enact primary legislation or otherwise to withdraw from the convention if it wished to do so and if the Government wished that through Parliament. That was the point that I was making; I was simply trying to explain the legal framework under which parliamentary sovereignty works in this context. I would add that any withdrawal would not come without costs or consequences, and it is not Government policy to withdraw.
6. What steps he is taking to ensure better co-ordination between the Crown Prosecution Service and police forces.
The Crown Prosecution Service is committed to ensuring that the provision of services by witness care units is protected. Future funding for witness care units will still be made from the CPS baseline budget along with the commitment that also comes from the Ministry of Justice. Consequently, the outcome of the comprehensive spending review will not have an adverse effect on the provision of those services.
It is my experience, from the importance that the Home Secretary attaches to ensuring that witnesses and victims are properly cared for, that she gives this matter considerable priority. I have not been made aware of anything that suggests that my Department’s work will be adversely affected in this area by anything being done by the police, but I will certainly raise the matter with my right hon. Friend. If she or I can provide the right hon. Gentleman with some reassurance, I am sure we will be happy to do so.
(14 years ago)
Commons ChamberThe 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.
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?
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.
2. What responsibilities the Law Officers’ Departments have for the National Fraud Authority.
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 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.
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 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.
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?
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.
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 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.
4. On how many occasions decisions by Ministers have been overturned on judicial review in the last five years.
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.
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.
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 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.
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?
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.
6. What recent representations he has received on the effectiveness of prosecutions in human trafficking cases.
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.
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.
How will the CPS prosecute domestic violence cases in the approximately 10 areas where proposed court closures include specialist domestic violence courts?
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.
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?
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.
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?
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.
(14 years, 2 months ago)
Commons ChamberThe Crown Prosecution Service has an effective domestic violence prosecution policy, with a 29% increase in the number of prosecutions over the past four years and successful outcomes rising from 65% to 72%. In saying that, I recognise the work put in by my predecessors in this office in trying to raise the profile of that appalling crime. The CPS keeps its policy under review and in September 2010 it published guidance on prosecuting stalking and harassment. In January 2011 the CPS will introduce a new local assurance system to support the conduct of domestic violence prosecutions.
Given the 24% reduction in the Law Officers’ Department’s expenditure, will the Attorney-General confirm that he believes that the CPS has the resources that it requires to deliver effectively the violence against women strategy developed by the Labour Government?
Yes, I can. There is no intention of diminishing that strategy in any way and it will remain a major priority of the CPS.
Women’s refuges provide not only a safe place for women and their children, but a valuable service in the prosecution of men who have committed offences of violence against women. Will the Attorney-General do all he can to ensure that local authorities do not cut funding for women’s refuges, given the service that they provide?
I certainly share my hon. Friend’s concerns that that area should remain a priority for local authorities. In each case, they will have to adjust their expenditure to the financial constraints upon them, and I am sure that one of the most important things will be for people, such as my hon. Friend and other Members who are aware of the good work in that area, to make those representations quite clear to their local authorities as well as the importance that they attach to them.
2. What assessment he has made of the effects of the recent funding settlement for the Crown Prosecution Service on the provision of funding to witness care units.
3. Whether he has had recent discussions with the Secretary of State for Foreign and Commonwealth Affairs on the application of international law in respect of Gaza.
I have had no discussions with my right hon. Friend the Secretary of State for Foreign and Commonwealth Affairs on that matter.
What is the position under international law when Israel intercepts ships carrying aid for Gaza? Can the Attorney-General tell me what the legal position is there?
The Foreign Secretary deplored the loss of life during the interception of the Gaza flotilla. He also stressed the need to establish the facts about the incident, without which, if I may say so to the hon. Gentleman, it is impossible to ascertain what laws if any might have been breached and, especially, what was done during the operation to prevent deaths and injuries. My right hon. Friend therefore welcomed the United Nations Secretary-General’s establishment of a panel of inquiry into the interception and both Israel’s and Turkey’s commitment to participate. It is also vital that existing national investigations proceed swiftly, transparently and rigorously to ensure accountability.
What discussions and activities does the Attorney-General engage in with either Foreign Office Ministers here or Law Officers in other countries to ensure that countries such as Israel comply with their international law obligations and with United Nations decisions?
I certainly consult, and discuss matters with, my right hon. Friend the Foreign Secretary as and when problems arise, and the hon. Gentleman will bear in mind also that my right hon. Friend has legal advisers in his Department who can help him with his work. The United Kingdom takes very seriously international law obligations and the maintenance of international standards of behaviour, and I can therefore reassure the hon. Gentleman that it is a matter with which the Government will continue to engage.
4. What assessment the Crown Prosecution Service has made of the likely effect on prosecution rates of the comprehensive spending review settlement for victim support services.
5. When he next expects to meet the Director of Public Prosecutions to discuss prosecution policy in respect of rape.
I have regular discussions with the Director of Public Prosecutions on a range of criminal matters. Rape is one of the most serious and damaging of all crimes. I support the work undertaken by the Crown Prosecution Service, with other agencies, to improve the way in which prosecutions are conducted and victims are treated in such cases.
What impact does the Attorney-General believe that cuts in police numbers will have on the number of rape cases being investigated and the number of cases being referred to the CPS for prosecution?
It is not intended that it should have any impact on those figures whatsoever.
Does my right hon. and learned Friend agree that sometimes we lose focus by discussing the process of decision making about prosecution instead of focusing on deficiencies in the investigation of the crime? Particularly with reference to rape, that is a real problem that police forces are having to cope with.
It is absolutely right that the investigation of rape is one of the most difficult tasks for the police. That is for a whole range of reasons, including the difficulties of getting victims to come forward, the problems that the police face in having to look after them properly when they do, and the difficulties of ensuring that they will come to court to give evidence. There are also the problems that have been experienced with victims retracting their evidence. The Crown Prosecution Service, the police and I are very much alive to all those factors, and we will continue to do all we can to improve the way in which this type of offence is handled.
The Law Officers will be aware of the case of Sarah, as covered in recent weeks by The Guardian newspaper. Sarah—not her real name—has recently been released on appeal from Styal prison having served 18 days of an eight-month sentence for falsely retracting rape allegations against her husband following alleged intimidation by him and his family. The case raises a number of very serious questions about approaches within the criminal justice system to supporting victims of rape and domestic violence, and there is a risk that it will deter victims from coming forward to report these terrible crimes. Will the Attorney-General meet the Director of Public Prosecutions and me to consider the CPS’s approach to prosecuting women in such cases and to discuss ways that we can better support victims and witnesses of crime?
First, let me reassure the hon. Lady that the comments made by the Lord Chief Justice in the course of that appeal against sentence are being considered carefully by me and, I have no doubt, by the Director of Public Prosecutions, and I trust that lessons may be learned from the way in which that case was conducted. However, it is also worth bearing in mind, as I am sure that she would acknowledge, that individuals who bring allegations and then retract them pose particular problems within the criminal justice system, and those cannot necessarily just be ignored. The hon. Lady knows that if she wishes to have a meeting with me, I will always make myself available, and if she wishes to meet the Director of Public Prosecutions, the convention has always been that she should have access to him as well.
6. What recent discussions he has had with ministerial colleagues on the adequacy of privacy law in respect of the internet; and if he will make a statement.
Given the ongoing problems with personal and private data protection, does my right hon. and learned Friend agree that because of the inadequacies of existing legislation, he should recommend to the Government the establishment of an internet Bill of rights so that individuals’ ordinary rights are protected?
My hon. Friend raises an interesting possibility. At the moment, there is a framework of law which allows wrongful interference with internet privacy to be prosecuted. He will be aware that in July there was a call for evidence by the Government in order to look at this. In 2011, a new European Union protection framework is coming out which will also provide an opportunity to revisit this. Moreover, the Department for Business, Innovation and Skills is looking at the e-privacy directive, which will have to be implemented. There is no lack of consideration of this issue, and if my hon. Friend would like to provide input into that process, it would be gratefully received.
8. What progress has been made in his consideration of publication of internal business plans of the Law Officers’ Department.
As has been outlined in the House, departmental business plans, as launched on Monday 8 November 2010 are designed to provide key milestones for the fundamental structural reforms being undertaken in a Department, as set out in the coalition programme for government. Where there are currently no plans to undertake major structural reforms, such as for the Law Officers’ departments, no formal requirement has been made to create a business plan. Nevertheless, I am keen that the Law Officers’ departments are transparent in their activities and that they present information about their priorities and performance in a manner that is understandable to the public. The Treasury Solicitor, Her Majesty’s Crown Prosecution Service inspectorate and the National Fraud Authority have published business plans for the current year on their websites. The Crown Prosecution Service, the Serious Fraud Office and my office have internal business plans and consideration is being given to the most appropriate form of publication.
I am grateful to the Attorney-General for that answer, but given that the Law Officers’ Department is in receipt of substantial amounts of public money, why should it not be subject to the same level of transparency as every other Department and have its business plans published on the No. 10 transparency website?
I think that the hon. Gentleman is conflating two issues. If he is concerned about transparency in expenditure, he can obtain such information without difficulty. However, I am prepared to consider publishing it in a new form. The business plan of my Department—that is those officials who work for me—has, in a sense, already been implemented. The Department’s number of employees has reduced from 60 when the Government came to office to 42 today. It has therefore implemented its savings and streamlined its operations. On the other departments that I superintend, I think that the hon. Gentleman will be able to see their direction of travel on their websites. We will see what we can do to ensure that that is set out with greater clarity.
(14 years, 3 months ago)
Commons Chamber1. What his policy is on prosecution of victims of human trafficking who are suspected of having committed a criminal offence.
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.
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 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.
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?
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.
3. What assessment he has made of the progress of the National Fraud Strategic Authority in reducing the level of fraud and online crime.
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.
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?
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.
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?
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.
4. What representations he has received on his recent report on unduly lenient sentences; and if he will make a statement.
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.
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.
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?
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.
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?
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.
(14 years, 6 months ago)
Commons Chamber3. What the outcomes were of the Crown Prosecution Service’s review of its violence against women strategy.
The Crown Prosecution Service’s violence against women strategy, 2008 to 2011, was published in June 2008. No review has been carried out to date. Quarterly assurance is provided by the voluntary sector, and annual reports are published. The assessment of the benefits of the strategy on violence against women prosecutions will be made in 2011.
I am grateful for that reply. Does the Minister accept that the concerted effort of the previous, Labour Government led to a 64% reduction in the incidence of domestic violence according to the British crime survey? Will he therefore ensure that potential cuts of 25% in CPS funding and his Department will not lead to a lesser focus on domestic violence issues, which are important not just to women, but to the whole community?
I have no reason to disagree in any way with what the right hon. Gentleman has said. He is right that, for example, successful prosecutions from charge to conviction have significantly increased, from 65% in 2006-07 to 72% in 2009-10, against an increasing volume of such prosecutions. The number of discontinued cases has fallen, from 26% in 2006-07 to 21% in 2009-10. Similar statistics apply to rape cases. Although there will clearly be financial constraints on all Departments, let me reassure him that it is certainly my intention and that of the Director of Public Prosecutions to ensure that the CPS can maintain its record of momentum and good progress in this area.
Is not one reason for the progress in successfully prosecuting domestic violence and rape cases that the right hon. and learned Gentleman has reported the existence of independent domestic violence advocates and independent sexual violence advocates? Will he give the House a commitment that he will continue to resource such a programme—a programme that is helping women bring their attackers to justice—or persuade his colleagues who are budget holders to do so?
Yes, there are currently 141 specialist domestic violence courts, and in these courts there is the assistance of independent domestic violence advisers, as the hon. Lady says. Indeed, as she and I both know, in Slough there is an excellent voluntary service helping those who have been the victims of domestic violence. I will do all that I can to reassure her that there is no intention of allowing that excellence to be diminished. Clearly, I accept that in times of financial constraints we will look across the board at everything. However, as matters stand at the moment, it is the intention of the Crown Prosecution Service, as well as my intention as the Attorney-General, to ensure that the progress that has been made in this area is maintained.
I welcome the right hon. and learned Gentleman’s comments about his continuing focus on the issue. However, now that he has given up his role of co-ordinating the policy response to domestic violence across the criminal justice system as a whole, and in view of the CPS submission to the Treasury—we have all read it on The Guardian website: it says that delivering only key priorities will be affordable in future—will he confirm today, in terms, that tackling domestic violence will indeed be one of those key priorities for the CPS and him?
Yes, I am happy to confirm that tackling domestic violence will remain a key priority. However, going back to the point that I made last time I answered questions about the role of the Attorney-General and the office, perhaps I could explain that the decision to cease taking a lead in this area is reflective of the size of the Law Officers’ office and their ability to drive such an agenda. There is a trilateral partnership, as the hon. Lady is aware. The role of the Law Officers is to be heavily involved in that tripartite relationship, providing policy advice and helping to drive agendas. However, it is right and proper that driving the agenda in question should lie with another Department, because those other Departments are specifically resourced to introduce the necessary legislation.
5. What assessment he has made of the resource implications for the Serious Fraud Office of the implementation of the Bribery Act 2010.
An impact assessment was prepared for the Bribery Bill when it was introduced into Parliament in November 2009, and the Serious Fraud Office contributed to it. The impact assessment estimated that the new offence of failure by a commercial organisation to prevent bribery would result in one additional contested criminal prosecution per year of a commercial organisation by the Serious Fraud Office. The overall cost to the SFO was estimated at £2 million a year. As regards the implementation of the Bribery Act, funding for the SFO from April 2011—which is when the Act is expected to come into force—will, as with all other Government Departments, be settled in the current spending review. The SFO expects to be able to carry out all its normal functions, including Bribery Act investigations and prosecutions, within that funding settlement.
Our international obligations under United Nations and OECD conventions require us not only to have an effective law to prohibit transnational bribery but to enforce that law. Given that the cost of enforcing the new Bribery Act is about £2 million a year, will the Serious Fraud Office have that amount of money set aside to fulfil its obligations under the Act from April next year?
As I indicated a moment ago, the view of the Serious Fraud Office is that, on the basis of its submissions, it will have the necessary resources—including that £2 million—to do what is necessary in this area. It is worth remembering that the policy, which was commenced by the previous Government, was designed to limit the number of contested cases. For example, section 7 of the Act, which covers the failure by commercial organisations to prevent bribery, is intended to encourage commercial organisations to self-refer and co-operate. This is one of the reasons why it is hoped and expected that, in many cases, expenditure on major trial processes will not be necessary. The £2 million that has been identified is the Serious Fraud Office’s best assessment of what will be needed to take this policy forward.
May I suggest one other area in which the Serious Fraud Office should do a bit more work? It relates to the suborning of police officers. We have only to read a couple of tabloid newspapers every day to see that newspapers and journalists pay police officers for stories, which constitutes suborning a police officer.
By its nature, the Serious Fraud Office is concerned principally with offences of serious fraud. I certainly think that suborning a police officer is an extremely serious offence, but it seems to me to be a matter that is more likely to lie with the Crown Prosecution Service.
6. What assistance the Crown Prosecution Service gives to people with disabilities who are giving evidence as victims in rape cases.
8. What assessment he has made of the effects of the appointment of domestic violence specialist Crown prosecutors on the effectiveness of prosecutions for domestic violence offences.
All Crown Prosecution Service prosecutors have been trained in domestic violence cases. Dedicated prosecutors are linked to specialist domestic violence courts and each CPS area has a co-ordinator to deal with violence against women. As I mentioned earlier, successful prosecutions of domestic violence have significantly increased from 65% in 2006-07 to 72% in 2009-10. We believe that these roles have been key contributors to such improvement.
The introduction under the Labour Government of specialist prosecutors has no doubt been a crucial factor in driving up the success rate of prosecutions in cases of domestic violence. Will he commit the CPS to continue to focus its efforts on prosecuting perpetrators of domestic violence?
As I mentioned earlier, the CPS sees the prosecution of domestic violence as one of its key priorities—there are, of course, others, but it is one of them. For that reason, it has no intention of relaxing or giving up on trying to ensure that these cases are properly prosecuted and taken through the courts.