Prorogation (Disclosure of Communications)

Debate between Dominic Grieve and Maria Eagle

Monday 9th September 2019 Commons Chamber

[Mr Grieve]

The hon. Lady is right. That is what concerns me so much, and I think the House collectively ought to pause and consider it this evening. She will be aware that the next thing that emerged—I shall come back to the issue of it being just rumour—in the litigation that was brought against the Government was a desire to set out the reasons why Prorogation was being pursued. When the Treasury Solicitor’s Department, as it would properly do in conducting litigation, sought to find a public official willing to depose in affidavit as to why the Government had decided to prorogue—and I might add, asked Her Majesty the Queen to prorogue Parliament, one must assume—no such official willing to swear the affidavit could be found. As a consequence, a number of documents were simply exhibited by the Treasury Solicitor for the Government’s case.

[Maria Eagle (Garston and Halewood) (Lab)]

Does the right hon. and learned Gentleman recall any instance, when he was Attorney General, of being unable to find public officials willing to swear affidavits about the Government’s case?

Oral Answers to Questions

Debate between Dominic Grieve and Maria Eagle

Tuesday 27th July 2010 Commons Chamber

[The Attorney-General]

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.

[Maria Eagle (Garston and Halewood) (Lab)]

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?

[The Attorney-General]

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.

Ian Tomlinson

Debate between Dominic Grieve and Maria Eagle

Monday 26th July 2010 Commons Chamber

[The Attorney-General]

I should say at the outset that I think that the first part of the hon. Lady’s question is based on a slightly false premise. The appointment of a pathologist is a matter for the coroner, not for the CPS. The first pathologist appointed in this case was appointed by the coroner—he has the power to do that. The hon. Lady will be aware from what was said by the DPP and from what I said a moment ago that much flows from that appointment. It is clear that a report was produced that provided an indication to lead to further reports that looked as though it might lead to showing a causal connection between the assault and the death but that subsequently a further factual statement from the pathologist first appointed by the coroner entirely undermined the basis on which any further expert view could be taken of the case by other pathologists. That is at the root of the problem.

As for the hon. Lady’s suggestion that in some way this case would have been treated differently had it involved the death of a police officer, I have no reason to think that that is the case. It is right to say that when the matter was first drawn to the attention of Her Majesty’s coroner, it might not have been apparent at that stage—because the video evidence had not become available—that this was not a sudden death on the fringe of the G20 demonstration rather than something that was intimately linked to it, as became clear when the video evidence became available.

[Maria Eagle (Garston and Halewood) (Lab)]

I should like to thank the Attorney-General for the elaboration that he has given. It seems to me that the decision not to prosecute appears to rest on the divergence of medical opinion between the three pathologists who have conducted post-mortems, creating evidential problems for the DPP when considering the likelihood of proving a causal link between the push and the blow that, as we have all seen, were struck at Mr Tomlinson and his subsequent death. However, is it not the case that the decision of medical authorities to charge Dr Patel, the first pathologist, with 26 counts of misconduct is materially important?

The public will find it difficult to understand how the opinion of a doctor facing 26 charges of misconduct before the General Medical Council can in effect muddy the evidential waters in this very serious case to such an extent that a prosecution cannot proceed in a case where the public interest is not served, as I think the right hon. and learned Gentleman would probably agree, by such a decision.

Prosecuting authorities, of course, are rightly independent, but what powers of supervision does the Attorney-General have over their decisions? In view of the GMC’s charges against Dr Patel, has the Attorney-General asked the DPP to review his decision about whether to bring charges, given that the other two pathologists—Dr Cary and Dr Shorrock—agree that Mr Tomlinson’s death was a result of internal bleeding from blunt force trauma to the abdomen? If not, will he now do so?

I am sure that the Attorney-General agrees—and would say again—how important it is that justice is seen to be done, freely and fairly, with all being equal before the law. The unfortunate circumstances of this case do not appear to show that at present.

[The Attorney-General]

As for the hon. Lady’s last comment, I entirely endorse what she says. On her earlier comments, I am not in a position to make a judgment on the misconduct allegations that may pertain to the pathologist, Dr Patel, which I understand arise out of other matters. Neither am I in a position to comment on questions of expertise. As I tried to make clear a moment ago, this is about an issue of fact. Dr Patel carried out the first post-mortem examination, which included certain conclusions about blood in the abdominal cavity. Subsequently, he factually retracted those statements, or altered them markedly, putting a completely different complexion on what conclusions could be drawn from the evidence and whether, in particular, any connection could be made between the blow that one can see being struck on the video, the fall that followed and the actual cause of death. I understand that that lies at the root of the Crown Prosecution Service’s difficulties in this case.

The hon. Lady also asked about my powers of supervision and superintendence. I have those—they are my ability to ask questions. As she might appreciate, I have certainly had an opportunity to do that, but this is not my decision and I have not been in a position to review the evidence. As I said earlier, I have no reason to think, from anything I have heard, that this matter was not most conscientiously and fully inquired into with a clear desire to see justice being done. The decision is potentially open to being reviewed by means of judicial review—that could happen if someone wished it to take place—but I want to make it clear that on the basis of what I have been told and what I have discussed, but not on a review of the evidence, it seems to me that the CPS has acted with complete propriety in this matter and in trying to take it forward.

Oral Answers to Questions

Debate between Dominic Grieve and Maria Eagle

Tuesday 22nd June 2010 Commons Chamber

[The Attorney-General]

Yes; my right hon. Friend makes an important point. I have no doubt that that issue is one of those that can be examined. It is worth bearing in mind that the existing anonymity for complainants has the consequence, for example, that there are occasions when a history of false complaints made to someone other than the police does not come to light before a trial takes place. However, that has not been put forward as an argument for removing anonymity for complainant victims. He is correct, however, that such matters can all be looked at properly when we examine this area of the law.

[Maria Eagle (Garston and Halewood) (Lab)]

May I begin by welcoming the right hon. and learned Gentleman and the Solicitor-General to their posts—it must be like going back to chambers? I also thank the right hon. and learned Gentleman for the kind words about his predecessors that he set out at the beginning of Question Time, which were gratefully received by Labour Members.

There has been a lot of confusion about this area of policy. The right hon. and learned Gentleman has, like several of his colleagues, spoken about the matter as if we were conducting a debate, but I remind him that the coalition agreement states that anonymity will be extended to defendants in rape cases. Will he lead the Government from the front by admitting that they have got this wrong, accepting that they have made a mistake and dropping this disastrous and retrograde policy?

[The Attorney-General]

I am grateful for the hon. Lady’s welcome; indeed, I welcome her to her role of shadowing the Law Officers in the House. She will be aware that my role is to provide legal advice about policy decisions made by the Government, and she can be reassured that I will ensure that exactly that happens.

As for this policy, my right hon. and learned Friend the Lord Chancellor made it clear when answering questions last week that he wished to engage in a debate to examine this procedure and area of the law, which have caused concern. That is exactly what I invite the House to do, in the spirit in which such debate should be conducted.