Oral Answers to Questions
Debate between Emily Thornberry and Oliver Heald(9 years, 10 months ago)
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The Solicitor-General
As my right hon. Friend will know, the Home Secretary announced yesterday an inquiry that will look into the way in which paedophilia and institutions have operated. A separate inquiry, which he knows about, is looking into the documents and dossiers, including those of my former hon. Friend Geoffrey Dickens. A lot of work is being done to discover the history. As far as the present situation is concerned, the Government are for maximum security and care in looking after documents and want to see transparency in everything they do.
Emily Thornberry (Islington South and Finsbury) (Lab)
May I press the Solicitor-General on that answer? He is aware that there is acute public concern at the suggestion that Government Departments, particularly the Home Office but also the Director of Public Prosecutions, failed to act on a series of child abuse allegations brought to their attention by the late Geoffrey Dickens MP. It has been reported that although documents outlined in those allegations were presented to the DPP in 1983, the CPS can no longer locate them. The Home Secretary has instigated an inquiry, but perhaps the Solicitor-General can clarify a couple of matters now.
What is CPS policy on document retention from the DPP’s office in the early 1980s, and does the apparent disappearance of the documents suggest that an exception was made to that policy, or was it breached? What explanation has the Solicitor-General received about the absence of the files? What steps has the CPS taken to try to recover the documents, and can he say what action, if any, was taken regarding the allegations by the DPP or the CPS in 1983 or at any time thereafter?
Oral Answers to Questions
Debate between Emily Thornberry and Oliver Heald(10 years, 1 month ago)
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The Solicitor-General
No, the shortfall does not have anything to do with that figure. It is worth bearing in mind the fact that money is recovered in different ways. More than £76 million has been returned to victims as a result of Serious Fraud Office activity since 2009, so it is wrong to ignore compensation and other moneys paid to victims when looking at the overall picture.
Emily Thornberry (Islington South and Finsbury) (Lab)
The Solicitor-General refers to the National Audit Office report—it was shocking, was it not?—which talks about how the confiscation of criminal assets is just not working at the moment. There are 27% fewer asset restraining orders than there were in 2010; £450 million remains unpaid, even after defendants have served extra time; and £285 million in foreign banks cannot be touched—I could go on, but I am sure that Mr Speaker would not wish me to do so. What plans do the Solicitor-General and Attorney-General have to strengthen enforcement of confiscation orders? Will the Solicitor-General improve our co-operation with overseas jurisdictions? How can we make sure that our justice system gets its hands on these ill-gotten gains?
The Solicitor-General
The hon. Lady is covering a much broader area than that raised in the question. As I think she would agree, the Serious Fraud Office has a superb unit that is actively after the money that it leads on—£100 million—and it is believed to be extremely competent. [Interruption.] The extra money is nothing to do with this particular aspect. Overall, we do need a proper strategy to improve confiscation and asset recovery, and that is under way. Ministers are meeting on the matter, and a new strategy from the Crown Prosecution Service was explained in more detail when evidence was given to the Justice Committee. I think the hon. Lady is being over-critical, as it is not always easy to extract money that is overseas in complex trust arrangements and hard to recover.
Oral Answers to Questions
Debate between Emily Thornberry and Oliver Heald(10 years, 2 months ago)
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The Solicitor-General
I thank the hon. Gentleman for that question, because this is a very important issue. Ministers met non-governmental organisations last week to discuss how to make progress. A number of things are happening. He will know that the Crown Prosecution Service is currently reviewing 10 cases, and it is very much hoped that it will be possible to ground a prosecution. However, the key thing is that one does need evidence, so it is very important that the information gathering for the sort of evidence that is needed for a successful prosecution is found and pursued. Every effort is being made, and I have recently visited all the units concerned.
Emily Thornberry (Islington South and Finsbury) (Lab)
Child abuse and rape prosecutions are falling because the agencies are not working together. I have uncovered the fact that local authorities are not disclosing information to police and prosecutors and the fact that the police are referring fewer and fewer cases to prosecutors. We now need to know what the Solicitor-General and his brother and sister Ministers are going to do to show some leadership on this issue. Are the Government doing nothing about it because violence against women and girls is not a priority for them, or because the 27% cuts to the CPS and the loss of a quarter of its lawyers mean that the Solicitor-General is resigned to the idea that more and more cases are going to be dropped?
Oral Answers to Questions
Debate between Emily Thornberry and Oliver Heald(10 years, 4 months ago)
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The Solicitor-General
The way in which the police investigate cases is independent. The hon. Gentleman could raise it with the Home Secretary, but it is not dealt with by the Crown Prosecution Service. The new CPS guidelines constitute a major step forward, as do the new national network of rape and child sex abuse prosecutors, which provides a source of expertise on such offences in each area. That will lead to more effective prosecutions.
Emily Thornberry (Islington South and Finsbury) (Lab)
One of the reasons for the decline in the number of prosecutions for child abuse is that the police are not referring as many cases to the Crown Prosecution Service despite the fact that the numbers remain constant, but the other major factor is that local authorities are not co-operating with the Crown Prosecution Service. Was the Minister as shocked as I was to discover that in the past three years two thirds of councils have refused to disclose information to the police and to the CPS in child abuse cases? Does he think in future he should monitor this, rather than leave it to me, through the Freedom of Information Act, to discover that information, and will he consider making disclosure compulsory in future if this situation does not improve?
The Solicitor-General
In fact, the Attorney-General and I have been concerned about this issue and as a result Her Majesty’s inspectorate of the CPS has undertaken a report on disclosure, which was published recently. It is a matter that needs to be addressed. Having said that, the new protocol and the way in which the various authorities are coming together on this is encouraging. [Interruption.] The hon. Lady says something from a sedentary position which I cannot hear, but I assure her that all efforts are being made—
The Solicitor-General
I do not want to get into pantomime mode and say, “Oh yes they are,” but the fact of the matter is that considerable progress is being made.
Oral Answers to Questions
Debate between Emily Thornberry and Oliver Heald(10 years, 6 months ago)
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The Solicitor-General
My hon. Friend raises an important point. As he will know, the Secretary of State for Justice has announced a wider review of out-of- court disposals, but at the recent meeting which I mentioned, convened by the Director of Public Prosecutions, it was agreed that there needs to be a closer analysis of domestic violence figures and how out-of-court disposals are being dealt with. That is ongoing.
Emily Thornberry (Islington South and Finsbury) (Lab)
The Solicitor-General has given us a rather tantalising answer, telling us that in September there was a meeting on ensuring that more cases were taken by the police and given to the Crown Prosecution Service for charging. We are all concerned that the CPS is not getting enough cases in front of it on which to make decisions. The Solicitor-General tells us that six actions have been agreed. Would he like to tell us what they are?
The Solicitor-General
I did not want to trespass on Mr Speaker’s good will, but I am delighted to set out the six actions. First, Her Majesty’s inspectorate of constabulary will carry out a themed inspection of domestic violence, liaising closely with the Home Office and the CPS. Secondly, the evidence that I have just mentioned about how out-of-court disposals are dealt with will be examined in more detail to see what is happening in this area. Thirdly, the performance of the CPS is being closely examined to see whether there are differences between areas in the way in which cases are referred. The fourth action entails looking at the independent domestic violence adviser network and making sure that it is performing consistently across the country. Fifthly, six areas are being reviewed and cases which were not referred to the police are being examined closely to see why. Sixthly, the Crown Prosecution Service is going to give further advice to the police about how to pursue cases without the witnesses giving evidence.
Oral Answers to Questions
Debate between Emily Thornberry and Oliver Heald(10 years, 10 months ago)
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The Solicitor-General
The CPS, of course, keeps quite a range of different management information, but that is not one of them. I am certainly happy to consider whether it would be possible, but against the background that we do not want to clog up the system with a lot of over-reporting and regulatory concerns at a time when we are reducing costs.
Emily Thornberry (Islington South and Finsbury) (Lab)
I am concerned about the Solicitor-General’s complacency on this issue, particularly in the light of what has happened in the last three weeks. Crown court judges across the country, from Bristol to Warwick and from Warwick to Croydon, have said publicly what all those working in the criminal justice system have been saying privately for some time—that the CPS is dogged by delays and disorganisation, that trials are being put at risk and that there is a danger that people charged with very serious offences such as murder and rape will walk away scot-free. I have written to the Director of Public Prosecutions about this, and I would ask the Solicitor-General to acknowledge these problems and tell us exactly what it is that he is going to do about them.
The Solicitor-General
The hon. Lady has written a letter to the Director of Public Prosecutions, citing three cases out of 800,000—and they are not what they seem. For example, in one case, the advocate for the prosecution fell ill at court; the judge was not aware of that and made some comments about the way in which the case was being conducted, but at the time—
The Solicitor-General
It was indeed a serious case, but when that advocate fell ill, he was replaced by another, and a conviction followed.
I do not think that picking three instances, all of which involve special circumstances, is the right way of dealing with this. The HMCPSI report examined 2,800 cases, reviewing the files in detail, and they presented a promising picture.