Oral Answers to Questions

Debate between Dominic Grieve and Keith Vaz

Tuesday 7th January 2014 Commons Chamber

[The Attorney-General]

My hon. Friend can be reassured that most of those cases will be referable and, indeed, I have referred such cases to the Court of Appeal. I am afraid that I cannot give him the statistics at the Dispatch Box but I will write to him with the statistics for the last 12 months.

[Keith Vaz]

As the Attorney-General has said, there are a number of very serious cases that cannot be referred. He says that that is a matter for Parliament. But will he take the initiative and start a consultation, allowing Members to put forward their views as to which offences should be subject to these reviews?

[The Attorney-General]

As the right hon. Gentleman will be aware, other offences have been added to the specified offences. In August 2012, we added trafficking people for exploitation. In May 2006, various offences under the Sexual Offences Act 2003, to which we have just referred, were added. Of course that is possible but, as I said in my first answer, we need to balance the need for finality and the need not to end up with a system where the Court of Appeal becomes the sentencing court for almost all offences. But if the right hon. Gentleman has examples that he feels need to be considered, I strongly urge him to write either to me or to my right hon. Friend the Lord Chancellor and those can undoubtedly be considered.

Oral Answers to Questions

Debate between Dominic Grieve and Keith Vaz

Tuesday 19th November 2013 Commons Chamber

[The Attorney-General]

The CPS operates under my superintendence and I regularly meet the DPP. The joint police-CPS witness care units keep—or should keep—victims and witnesses updated about their cases as they progress through the criminal justice system. The DPP has indicated that she has three priorities for her work; one of which is care and contact with victims and witnesses. In addition, a pilot is currently being run in South Yorkshire on improving services for victims and witnesses.

[Keith Vaz (Leicester East) (Lab)]

rose—

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[Keith Vaz]

A very good choice, Mr Speaker.

Last Thursday, two individuals were arrested for carrying out female genital mutilation of a five to six-week-old girl. Since 1985, not a single person has been charged for this terrible crime. Has the Attorney-General had any discussions with the DPP about why that is the case, and if he has not done so, will he do so in future?

[The Attorney-General]

Yes, I have had discussions with both the previous and the present Director of Public Prosecutions about this issue. It centres on the evidence. I can assure the right hon. Gentleman that if there is evidence on which a prosecution can be brought, it will be brought. The CPS takes the issue very seriously, but as he will be aware, the evidence has to be collected first by the police—and the CPS can help with that at times—and it has to cross the threshold on which a prosecution can be mounted. The difficulty in this area, as the right hon. Gentleman will be aware, is that this is a secret crime, often committed in a way and form that does not bring itself readily to public notice. I can assure him that the CPS takes this issue very seriously.

Oral Answers to Questions

Debate between Dominic Grieve and Keith Vaz

Tuesday 15th October 2013 Commons Chamber

[The Attorney-General]

My hon. Friend will be aware that the scheme is currently restricted to a list of serious offences. It is right to say that we have added to that list in recent years. In August 2012, the offence of trafficking people for exploitation was added, as were racially or religiously aggravated assaults in October 2003 and various offences under the Sexual Offences Act 2003 in 2006. It is always possible for cases to be added to the list, but it is important to bear in mind that references take up court time and there must be a limit to the number of cases that the Court of Appeal can hear. One must also bear in mind that there has to be a degree of finality and these things have to be balanced out. If my hon. Friend knows of any cases or types of offences that he thinks might be added, I am always happy to consider such matters. It is, obviously, ultimately a matter for my right hon. Friend the Lord Chancellor, but we discuss these matters and will act if we think it necessary.

[Keith Vaz (Leicester East) (Lab)]

I am usually a great fan of the Attorney-General, but the way in which he has handled the case of Elena Fanaru is very disappointing. She now lies in a grave in Romania. The man who knocked her down and killed her, having fled the scene of the accident, got only one year and four months in prison. When are we going to make sure that such people really do face justice?

[The Attorney-General]

I am not going to comment on an individual case. I am quite satisfied that, in so far as I have been able to have any role in this matter, I have acted properly. In so far as it is a matter of where the law needs to be changed, that is for this House to decide.

Oral Answers to Questions

Debate between Dominic Grieve and Keith Vaz

Tuesday 4th June 2013 Commons Chamber

[The Attorney-General]

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

[Keith Vaz (Leicester East) (Lab)]

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

[The Attorney-General]

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

Oral Answers to Questions

Debate between Dominic Grieve and Keith Vaz

Tuesday 22nd May 2012 Commons Chamber

[Keith Vaz (Leicester East) (Lab)]

6. What steps he is taking to increase the number of prosecutions for human trafficking.

[The Attorney-General (Mr Dominic Grieve)]

The Crown Prosecution Service has charged and prosecuted 133 offences of human trafficking in the past 12 months, 1 May 2011 to 30 April 2012. The CPS prosecutes human trafficking-related cases under other legislation as well. The CPS is taking a number of steps to increase prosecutions, but is dependent on cases being referred for investigation by law enforcement agencies.

--- Later in debate ---

[The Attorney-General]

I agree entirely with my hon. Friend that it is important that the right offences should be prosecuted, and if he wishes to draw to my attention instances where he feels that has not happened, I am always prepared to take the matter up. It is also right to point out that in deciding how to prosecute, the Crown Prosecution Service will look very carefully at all the surrounding issues, including sometimes the vulnerability of the offender, and may on occasion consider that the best way in which the public interest can be served is in prosecuting a lesser offence, but the principle must always be that the offence charged and prosecuted should meet the gravity of the crime.

[Keith Vaz]

I agree with the hon. Member for Wellingborough (Mr Bone) and pay tribute to him for the work he does in this area. Some 100,000 people are trafficked around Europe every year. This is a cross-border crime that requires cross-border co-operation. What steps is the Attorney-General taking through the Crown Prosecution Service and the Metropolitan police to work with Interpol and Europol to find the perpetrators of this cross-border crime and make sure that they are brought to justice? It must be done on an international basis.

[The Attorney-General]

I agree entirely with the right hon. Gentleman. It is indeed an international crime. Within the European Union there are CPS liaison magistrates in other countries, the European Judicial Network contacts, the Serious Organised Crime Agency liaison officers and Eurojust to assist. Outside the EU the position is more complicated, but we have some liaison CPS working in a number of countries with which we have particular important links. The right hon. Gentleman will be aware that under the Protection of Freedoms Act 2012, the extraterritoriality provisions provided for in EU directives have been implemented, although they have not yet been brought into operation, so that these offences can now be prosecuted here even if they were committed abroad. Ultimately, the CPS will be dependent on the evidence produced to it. That will come from the police or SOCA, and for those reasons, the CPS, while doing its best, will always continue to be dependent on the quality of the information it gets.

Oral Answers to Questions

Debate between Dominic Grieve and Keith Vaz

Tuesday 20th March 2012 Commons Chamber

[The Attorney-General]

I have to say to the right hon. and learned Gentleman that I do not think that, in practice, the difference between a test of “probable cause”, which we have to show in the United States, and a test of “reasonable suspicion”, which the United States has to show here, amounts to a very significant difference at all. As I mentioned to the Home Affairs Committee, in any event, the United States usually provides material to its own “probable cause” standard, so I have to say that I may disagree with him on this. Although I accept that there is an argument that this country could seek to move to a “probable cause” basis, to mirror that of the United States, in practice I do not think that that would make a very substantial difference to the way in which the extradition agreement with the US worked.

[Keith Vaz (Leicester East) (Lab)]

The Attorney-General will know that since his own appearance before the Home Affairs Committee, President Obama and the Prime Minister have announced a joint initiative to look into the operation of the treaty. In the light of that initiative, and the review that is now being conducted by the Home Secretary, does the Attorney-General agree that it would not be in the public interest for any British citizen to be extradited to the United States under the treaty until the review and the initiative have been concluded?

[The Attorney-General]

As the right hon. Gentleman knows, and as I explained to the Home Affairs Committee, the discretion for the Home Secretary, or any member of the Executive, to prevent an extradition from taking place is extremely limited under the current law. I am afraid that what the right hon. Gentleman is asking for would be impossible, unless Parliament were to enact fresh legislation.

Oral Answers to Questions

Debate between Dominic Grieve and Keith Vaz

Tuesday 7th February 2012 Commons Chamber

[The Attorney-General]

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.

[Keith Vaz (Leicester East) (Lab)]

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 Attorney-General]

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.

Oral Answers to Questions

Debate between Dominic Grieve and Keith Vaz

Tuesday 11th October 2011 Commons Chamber

[The Attorney-General]

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.

[Keith Vaz (Leicester East) (Lab)]

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?

[The Attorney-General]

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.

Phone Hacking

Debate between Dominic Grieve and Keith Vaz

Wednesday 6th July 2011 Commons Chamber

[The Attorney-General]

I have no doubt at all that my right hon. and learned Friend is correct in what he says, and those are matters that can be borne in mind by the Government in reviewing the process of this takeover bid and, indeed, the competition laws underlying it.

[Keith Vaz]

On the payment of police, which is now in the public domain as a result of the release of the e-mails last night, have there been any discussions between the Home Secretary and the Metropolitan Police Commissioner about this issue? Is everyone absolutely clear that the payment of police officers is a criminal offence?

[The Attorney-General]

I can assure the right hon. Gentleman that I think that nobody in this House, or anywhere else, is in any doubt that payments to police officers—unless they are payments made in relation to a police officer who may have some separate employment, as happens sometimes—in respect of their duties from some extraneous source is illegal. I await any Member of this House who might tell me about a circumstance to the contrary but, at the moment, I cannot think of one.

Injunctions

Debate between Dominic Grieve and Keith Vaz

Monday 23rd May 2011 Commons Chamber

[The Attorney-General]

The right hon. Gentleman raises an important point, but it ties in with the earlier point about how all this can be enforced. As I said earlier, however, those who take an idea that modern methods of communication mean that they can act with impunity may well find themselves in for a rude shock.

[Keith Vaz (Leicester East) (Lab)]

I, too, welcome the establishment of this Joint Committee, which is sensible in view of the difficulties in interpreting the law. There are reports that the Attorney-General is considering prosecuting an individual for a breach of one of these injunctions. Is that the case? Is he considering such a prosecution?

[The Attorney-General]

I would not normally comment on the role I have to carry out as Attorney-General in the public interest and not as a Minister of the Crown, but there is no secret in the fact that, as matters stand, I have received no referral whatsoever in relation to any civil contempt of court.

Ian Tomlinson

Debate between Dominic Grieve and Keith Vaz

Monday 26th July 2010 Commons Chamber

[The Attorney-General]

I fully understand my hon. Friend’s concerns, but at the risk of repeating myself, I must restate the key point. This is not just a disagreement between experts: it is about a key matter of fact that had to be established at the outset, which has been left completely unclear. On the basis of the facts as now stated, it does not lend support to there being a causal connection between the blow and the death. That might be a profoundly unsatisfactory state of affairs, but I simply say that the CPS has to go with the material that is available to it, and it cannot manufacture it or wish that something different had happened from what actually happened. From that point of view and bearing in mind my responsibility in this matter, in seeking to answer the House’s questions properly, I repeat that the CPS seems, from what I have been told, to have acted with complete propriety in investigating this matter.

[Keith Vaz (Leicester East) (Lab)]

The Attorney-General might recall that at the instigation of the hon. Member for Carshalton and Wallington (Tom Brake) the Select Committee on Home Affairs held an inquiry into the G20 riots and made passing comment on the case of Ian Tomlinson. Two recommendations were put forward, one of which concerned the use of untrained officers. The other involved the Committee’s concern about the prospect that communication between the police and the public at that time, and the tactics that were used, might undermine public confidence and trust in the police. Have those two recommendations been addressed? If not, will the Attorney-General write to me and let me know what progress has been made?

[The Attorney-General]

I think the right hon. Gentleman will understand that those questions fall slightly outside the remit of my area of responsibility. My right hon. Friend the Home Secretary is sitting on my left, however, and I am sure that is a reflection of the seriousness with which she takes the entirety of the matters that the right hon. Gentleman has just expounded. I hope very much, therefore, that my right hon. Friend will be in a position to answer the question that he raised.

Debate on the Address

Debate between Dominic Grieve and Keith Vaz

Tuesday 25th May 2010 Commons Chamber

[Keith Vaz]

I am very pleased to hear that, and when the Health Secretary comes before the House, I hope the hon. Gentleman will join me in pressing him for more money, not the same amount, to be spent on preventive work—I have already lobbied the Secretary of State on that in the Tea Room. If we prevent illnesses, we spend much less in the long term and we save lives.

Let me make two final points. First, on banking reform, I think we all got the message during the election about the need to be pretty beastly to the bankers. My concern is the Government’s proposal to hand regulation back to the Bank of England. A number of Members were first elected to Parliament at about the same time as me. I know that the Conservative Chief Whip was elected the year before, and my hon. Friend the Member for Middlesbrough (Sir Stuart Bell) was here before anyone present in this Chamber now, although he does not look as if that is the case; he still looks as young and spry as when he was first elected to the House.

One of the campaigns I took up was to do with Bank of Credit and Commerce International, the sixth largest private bank in the world, which suddenly closed because the then Government were not prepared to accept the Sheikh of Abu Dhabi’s cheque for $6 billion to keep that bank open—even though, of course, we kept Northern Rock open recently and gave a lot of public money to a number of other banks. The liquidation of BCCI is still going on. The right hon. Member for Wokingham (Mr Redwood) will remember that when he was a Trade and Industry Minister, I had a very good meeting with him at which we discussed what we were going to do about the liquidation. It may surprise him to know that this liquidation, which started on 5 January 1991, is still going on after all these years, with millions and millions of pounds going on liquidators’ fees. What might the sums involved have been if we had kept the bank open? It was the Bank of England that allowed BCCI to continue to trade, which is why I think handing regulation back to the Bank of England will be a problem. We have the Financial Services Authority, which began because of BCCI and the recommendations of the Bingham inquiry, so we should make sure that we are careful about moving around the regulatory system.

I know that we are to have a debate on Europe next week, and I look forward to taking part if I catch your eye, Mr Speaker. It is important to clarify exactly where we stand on the European Union, especially as we have a Government who appear to be going in two different directions with their manifestos—although perhaps not with the coalition document. I have no problems with a referendum whenever there is a treaty that means that powers will be ceded from the UK. If we accept the Prime Minister at his word—we ought to, because he has been in office for only two and a half weeks—he will never agree to anything that means that powers will be taken from Westminster to Brussels, so we shall not have a referendum over the next five years. However, I am keen on the Liberal Democrat proposal, which I supported, that we should have a referendum on whether we should stay in the EU. I hope we can explore some of those issues in the debate on Europe next week.

My final point is about something in the Queen’s Speech that has not yet been explained. The sovereign—on the recommendation of the Prime Minister—talked about an enhanced relationship with India. I warmly welcome that. We should have the strongest possible relations with India. When I was Minister for Europe, the European Union began the EU-India summit meetings, but we have not given India sufficient attention. We should do so not just because of the 2.5 million people of Indian origin who live in the UK—some of them in my constituency—but because it makes good economic sense for us to do business with India and to have a strong and firm relationship.

The Attorney-General is on the Treasury Bench. He will know that the Indian diaspora has moved from places in south London such as Southall to Beaconsfield. If he looks at his diary, I think he will find that most of the parties he attended to celebrate his election were organised by the Indian community in Beaconsfield.

[The Attorney-General (Mr Dominic Grieve)]

The right hon. Gentleman is undoubtedly correct. Evenings of bhangra dancing and hospitality are well worth enjoying. I think he already knows that the Gerrards Cross south ward in my constituency—the wealthiest ward in the UK—is about 20% Asian.

[Keith Vaz]

I do know that. I have all the statistics and I know how much people in Gerrards Cross love the hon. and learned Gentleman. I am sure that now he is the Attorney-General, they will use his services well.

We must keep our relationship with India going. When the Prime Minister visits India on 2 October, he should take the advice Members gave previous Prime Ministers and make sure that he involves the Indian diaspora. Let us have firm, strong relationships with that very important country.

On that note, I end my speech. I wish the Government well in getting their legislation through.