Oral Answers to Questions
Jeremy Wright Excerpts(7 years, 10 months ago)
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Alison Thewliss (Glasgow Central) (SNP)
The Attorney General (Jeremy Wright)
The Government have introduced the European Union (Withdrawal) Bill to provide for legal continuity when the UK leaves the EU. The Bill minimises disruption to each legal system by preserving current EU rules and conferring powers on UK and devolved Government Ministers to make necessary corrections to those rules. Once we have left the EU, it will be for Parliament and the devolved legislatures to decide whether it is appropriate to make changes to the retained EU rules that operate in each legal system.
Alison Thewliss
The Prime Minister has made a number of concessions regarding the jurisdiction of the European Court of Justice after Brexit. Given that the Scottish Government’s EU continuity Bill provides that, when exercising devolved jurisdiction, Scottish courts may have regard to the decisions of the ECJ, is it not time to amend clause 6 of the European Union (Withdrawal) Bill to the same effect?
The Attorney General
As the hon. Lady says, the Government have been realistic about the degree to which our courts are likely to look at the jurisprudence of the Court of Justice of the European Union, at least until the point at which our law starts to diverge from what will then be European Union law. As I understand it, there was a constructive debate yesterday on clause 11 of the withdrawal Bill in the other place. I hope very much that we will make further progress and that the Scottish National party will engage in that with the proper spirit.
Mr Peter Bone (Wellingborough) (Con)
Does the Attorney General agree that one of the advantages of coming out of the European Union superstate in just over 365 days’ time is that decisions will be made by not a foreign court, but our Supreme Court?
The Attorney General
My hon. Friend is right. One of the things that we rather suspect led a great number of our fellow countrymen and women to vote for European Union exit was exactly that prospect.
Joanna Cherry (Edinburgh South West) (SNP)
My hon. Friend the Member for Glasgow Central (Alison Thewliss) asked the Attorney General to comment on clause 6 of the EU (Withdrawal) Bill. It is not just the Scottish Parliament that thinks that clause 6 is inadequate. Yesterday, the President of the United Kingdom Supreme Court told the House of Lords Constitution Committee that clause 6 as it stands is “very unhelpful” and that it could leave the judiciary at risk of
“appearing to make a political decision”.
What is the Attorney General going to do to address not just the concerns of the Scottish Parliament, but those of the President of the UK Supreme Court?
The Attorney General
We are already doing a great deal to attempt to reassure the judiciary. The hon. and learned Lady is right to say that yesterday Baroness Hale raised, as others have done before her, concerns that the judiciary have expressed about being put in a position where they are expected to make a political judgment. That is not the Government’s intention. We do not expect judges to make political judgments. Indeed, we absolutely want them not to do that. We do want them to be able to interpret the law as it will stand post exit, with all the necessary guidance we can give them. We will continue to work with them to provide the necessary clarity
Mrs Kemi Badenoch (Saffron Walden) (Con)
Mary Robinson (Cheadle) (Con)
The Attorney General (Jeremy Wright)
Cyber-space is not a lawless world. When states and individuals engage in hostile cyber-operations, they are governed by the law, just as they are elsewhere. The UK has always been clear that we consider cyber-space to be governed by the wider rules-based international order that we are proud to promote.
Mrs Badenoch
What actions can we take against those countries that we know are carrying out hostile actions in cyber-space?
The Attorney General
Many states accept that international law covers cyber-space. In June 2015, there was a decision by 20 United Nations states to confirm that. Interestingly, one of those 20 states was Russia. Our argument, therefore, is that if there is an internationally wrongful act against the UK in cyber-space or anywhere else, the UK is entitled to respond.
Mary Robinson
In confirming that the UN charter also applies to state actions in cyber-space, will the Attorney General also confirm that that includes the prohibition on the use of force?
The Attorney General
Yes, I can. The UN charter applies in its entirety to cyber-space, including the general prohibition on the use of force and the ability of states to defend themselves.
The Attorney General
The hon. Gentleman will know from what the Prime Minister said yesterday that the Information Commissioner is already engaged in an investigation. It is important that she has the powers to investigate properly, and the Data Protection Bill, which was referred to previously, will give additional force to that.
Jim Shannon
A C1 cyber-attack is a matter of when, not if. Will the Attorney General outline the steps his Department is taking to protect the masses of digital personal information files held, and are there plans to upgrade this protection?
The Attorney General
I fear that that needs more than a one-sentence answer. The hon. Gentleman will recognise that it is certainly a responsibility not just of the Government, but of each of us, to ensure that data on organisations and individuals is as well protected as it can be.
Jo Stevens (Cardiff Central) (Lab)
The Attorney General (Jeremy Wright)
The Director of Public Prosecutions has made it clear that the disclosure problems we have been seeing are not caused by resource issues. The challenges are broad and stretch across the criminal justice system, which is why I am pleased that the police and the CPS have come together to take forward their national disclosure improvement plan. As the hon. Lady knows, I am also undertaking a wider review of disclosure, which aims to report by this summer.
Jo Stevens
With so much communication on digital platforms, disclosure is becoming more time-consuming, and without proper resources we cannot have an effective disclosure process. What is the Attorney General going to do about it?
The Attorney General
The hon. Lady is right. In essence, two sets of problems are occurring with disclosure. One is in relation to so-called acquaintance rape cases where, frankly, information that should be disclosed and identified simply has not been. The other set of cases involves exactly the issue she raises: very large quantities of digital material. We have to find smarter ways to analyse and winnow such information so that the right things are disclosed. That is exactly the sort of thing my review will look at.
Hannah Bardell (Livingston) (SNP)
The Attorney General (Jeremy Wright)
The United Kingdom has a long tradition of ensuring that rights and liberties are protected domestically and of fulfilling its international human rights obligations. That will remain true when we have left the European Union.
Hannah Bardell
The Scottish Government’s continuity Bill incorporates the charter of fundamental rights into Scots law in so far as it applies to devolved matters. What are the UK Government doing to make sure that everyone in the UK keeps the rights protected by the charter, regardless of where they live in the UK?
The Attorney General
The hon. Lady needs to recognise that the charter of fundamental rights is an EU document—it applies to member states’ application of EU law. When we are no longer members of the EU, it does not make much sense for us to continue to adhere to it. On the substance of her point, the Government have been very clear that we will protect the substantive rights in other places, as we already do to a very large degree through domestic law, the European convention on human rights and in other ways.
John Howell (Henley) (Con)
Oral Answers to Questions
Jeremy Wright Excerpts(8 years ago)
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Sir Henry Bellingham (North West Norfolk) (Con)
The Attorney General (Jeremy Wright)
In the Bribery Act 2010 the UK introduced world-leading legislation on bribery, making it a criminal offence for a company to fail to prevent a bribe being paid. We are starting to see the effectiveness of the offence in holding large companies to account, through the first conviction of a corporate entity and three deferred prosecution agreements.
Sir Henry Bellingham
Does the Attorney General agree that corruption is still embedded in the business culture of many developing countries, particularly in Africa, and that it is always the poorest in society who suffer most? This is being encouraged by a number of major trading countries that have not followed our lead. What is he doing, particularly in the OECD, to ensure that those countries come into a line with the UK?
The Attorney General
I agree with my hon. Friend. It is the poorest who suffer most when corruption occurs around the world, and it is important that the UK plays a leadership role, not least by setting an example, and we have done that through the Bribery Act and what has flowed from it. I also pay tribute to my hon. Friend. In his role as a distinguished Foreign Officer Minister, he was also able to do some of this work, and the work must continue.
Jim Shannon (Strangford) (DUP)
Does the Attorney General believe that his Department can provide more clarification on foreign public officials, hospitality and facilitation payments, self-reporting, sentencing and fines, adequate procedures and the meanings of “associated person” and “relevant commercial organisations”? How can that be done?
The Attorney General
The hon. Gentleman is right that clarity is important. The Bribery Act and the prosecutions that flow from it are not all that matters here. We need to change corporate culture, and that is happening. It is important that corporations understand their responsibilities, and he is right that if they are to do that, they need to be clear about what they can and cannot do. We will always seek to give greater clarity, but it all depends on the circumstances.
Mr Philip Hollobone (Kettering) (Con)
Do we have enough specialist expertise in our prosecuting authorities to enforce the Bribery Act effectively?
The Attorney General
Yes, I believe we do. For some of the most substantial cases under the Bribery Act, it is the Serious Fraud Office that prosecutes and investigates, and it has a good deal of expertise. In relation to both convictions and deferred prosecution agreements, my hon. Friend will recognise, as I have said already, that we are presenting good cases and securing convictions.
Mr John Whittingdale (Maldon) (Con)
Jeff Smith (Manchester, Withington) (Lab)
The Attorney General (Jeremy Wright)
The European arrest warrant offers a more effective means than non-EU alternatives of surrendering individuals wanted by other EU member states and of ensuring that those who have fled the UK are returned to face justice. Agreeing continued extradition arrangements will therefore be an important part of negotiations with our European partners and is of mutual interest to both the UK and EU member states.
The Attorney General
I certainly agree that the European arrest warrant is the most efficient means we have available both to bring people back to the UK and to send foreign criminals home to face justice. It is our objective to be part of those arrangements in the future. Precisely how we do that will depend on negotiations that, as the hon. Gentleman knows, are ongoing.
Jeff Smith
Will not these arrangements have to function on the basis of the jurisdiction of the European Court of Justice? Which is more important to the Government, their heavy red line on the ECJ or the ability to work effectively with our European partners to tackle crime? Does the Attorney General agree with the House of Lords report that the safety of the people of the UK should be the Government’s overriding consideration?
The Attorney General
I certainly agree with the last part of the hon. Gentleman’s question, but I do not accept that there is necessarily a contradiction between restricting and excluding the jurisdiction of the Court of Justice of the European Union in this country and being able to have good and productive arrangements for combating crime across the European continent. That is what we seek to do, and we believe it is in the mutual interest not just of the UK but of the rest of the EU, too. That is why we are optimistic that we can negotiate.
Alex Burghart (Brentwood and Ongar) (Con)
Does my right hon. and learned Friend agree that the European arrest warrant is just as important to our EU friends and partners as it is to us?
The Attorney General
I agree with my hon. Friend, and he might like to know that, as far as the statistics go, since 2010, under the European arrest warrant, 1,079 people have been surrendered back to the United Kingdom but 8,826 people have been surrendered from the UK to the rest of the European Union. This is an advantageous arrangement for both sides.
John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)
Since 2010 thousands of criminals have been removed from the United Kingdom to face trial abroad thanks to the European arrest warrant. Does the Attorney General agree that such agreements are an integral part of our justice system here in the United Kingdom?
The Attorney General
I agree with my hon. Friend, and it is important that we negotiate a settlement that will enable us to carry on sending people back and, just as importantly, to carry on bringing people back from other European nations to face justice here. As I have said, I am optimistic that we can do that.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
The Irish Supreme Court recently refused to extradite a company director accused of fraud to the UK, despite a request through the European arrest warrant, citing Brexit as the reason, so we are having problems enforcing EAW requests even before we leave the European Union. What discussions are the Government having with EU partners to ensure this vital co-operation continues?
The Attorney General
The hon. Gentleman will recognise that that case has not yet concluded, so I will say nothing about it specifically. His point is that we need to ensure that there is continuity of these arrangements beyond our departure from the European Union, which is exactly what we seek to negotiate. As I have said, this is not a pie-in-the-sky hope but something that will benefit both us and the rest of Europe. This is two-way traffic, and it is important to everyone that we negotiate continuing arrangements.
Fiona Bruce (Congleton) (Con)
Eddie Hughes (Walsall North) (Con)
The Attorney General (Jeremy Wright)
Later this month, the Crown Prosecution Service will host an international summit for senior prosecutors from 21 countries around the world. It is an ambitious summit that aims to identify better ways to support victims and witnesses and to establish a strong, active international network to tackle more actively the crime of modern slavery.
Eddie Hughes
Does my right hon. and learned Friend agree that modern slavery and human trafficking are international problems that require the collaboration of the Crown Prosecution Service and similar judicial systems from many countries to address them?
The Attorney General
I do agree and it is important that we work with partners around the world. The CPS has 30 prosecutors located in other countries and, of course, we agreed last year at the United Nations to double our spend overseas in combating modern slavery.
David Hanson (Delyn) (Lab)
Will the Attorney General welcome the work of the UK branch of the Commonwealth Parliamentary Association and support the Home Office in dealing with this issue in particular? Will he help to look at identifying the eight or so countries we are dealing with and give support from his office?
The Attorney General
Yes, I do welcome that work. The right hon. Gentleman is right that there is a huge amount we can do in this institution to back up the fight against modern slavery and, of course, to focus on where the majority of those who are trafficked tend to come from. Of course, as he will recognise, it is not just those eight countries. Those who were identified as victims of modern slavery arriving in this country last year came from some 108 different countries, but he is right that there are particular countries to focus on.
Nigel Huddleston (Mid Worcestershire) (Con)
How much money have the UK Government committed to tackling human slavery around the world?
The Attorney General
At the UN General Assembly last year, the UK Government agreed that we would spend £150 million overseas to combat modern slavery. As my hon. Friend will recognise, that is in addition to the substantial sums already committed in our domestic budgets to deal with the problem.
Royal Assent
Mr Speaker
I have to notify the House, in accordance with the Royal Assent Act 1967, that the Queen has signified her Royal Assent to the following Acts:
Telecommunications Infrastructure (Relief from Non-Domestic Rates) Act 2018
Armed Forces (Flexible Working) Act 2018.
Oral Answers to Questions
Jeremy Wright Excerpts(8 years, 1 month ago)
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Ms Nusrat Ghani (Wealden) (Con)
The Attorney General (Jeremy Wright)
On behalf of the Law Officers may I take this early opportunity to wish all Members and staff of the House a very merry and, of course, lawful Christmas?
I very much welcome the decision by the Council of Europe’s Committee of Ministers to support our proposals on prisoner voting. We hope to complete implementation of those proposals by the end of next year, and we have agreed to provide an update on progress to the Council of Europe on 1 September.
Ms Ghani
I thank the Minister for his response, and I am pleased that an agreement has finally been reached to settle what has been a long-running dispute between ourselves and the Council of Europe in Strasbourg. Will my right hon. and learned Friend confirm to me and my constituents that it remains Government policy that convicted offenders detained in prison should not be allowed to vote, and that the recent agreement will not start us off on a slippery slope?
The Attorney General
Yes, and it is important that the Government comply with the judgment of a Court whose jurisdiction we have accepted. As my hon. Friend says, however, it is equally important that we stick to the clear view of this House and those beyond it that convicted prisoners should not vote from their cells, and they will not do so.
Jim Shannon (Strangford) (DUP)
Will the Attorney General outline how many prisoners the extension will apply to and what type of short-term licences will make them eligible to vote?
The Attorney General
The extension will apply to prisoners released on temporary licence. We think it will affect something like 100 prisoners—so, very few.
Mr David Lammy (Tottenham) (Lab)
The Attorney General (Jeremy Wright)
The Crown Prosecution Service is very conscious that the family of Jermaine Baker is waiting to hear the outcome of the review of the charging decision in relation to his death. Senior counsel has been instructed to advise on the case and the CPS anticipate that a final decision will be reached early in the new year.
Mr Lammy
I am very grateful to the Attorney General for that answer. He will understand that in a democracy there is nothing more serious than death as a result of police contact. This case has caused tremendous concern across my constituency and beyond in the wider black community. It is a very important decision and a number of lawyers up and down the country think, following the Independent Police Complaints Commission’s address, that this matter should come before a jury. I want it to be clear that the decision will be looked at very closely indeed by the wider country.
The Attorney General
I understand what the right hon. Gentleman says. May I take this opportunity to pay tribute to him for his advocacy on behalf of the family? He will understand, however, that the decision was taken initially at the highest levels of the Crown Prosecution Service. Because of that, and because of the victims’ right to review process, it is right that external counsel is brought in to advise. That is taking the decision extremely seriously. That will mean, as he has already discovered, that the decision takes a little longer, but I think it is right that full attention is paid to that decision and he will hear about it in due course.
Robert Neill (Bromley and Chislehurst) (Con)
The charging process requires full and wholly objective analysis of all material held. I am sure the Attorney General will agree that the same applies to disclosure if charges are brought. Recent high-profile cases, together with the joint inspection report of the criminal justice agencies, have highlighted what the Attorney has called appalling failures in disclosure by the police and the Crown Prosecution Service. The Criminal Law Solicitors Association, in a review of its members, found the same. Given its significance, will the Attorney General ensure that the review he is carrying out, as announced by the Prime Minister, looks not just at the working practices but at the professional culture and the independence and objectivity of the Crown Prosecution Service in these matters? I add in parenthesis that I note it was an independently instructed member of the Bar, Mr Jerry Hayes, who was responsible for highlighting the clear failure of the Crown Prosecution Service and the police in this case.
Mr Speaker
It would be of great benefit to the House if there were placed in the Library without delay a copy of the just-delivered lecture by the hon. Gentleman.
The Attorney General
Picking up on my hon. Friend’s last point first, he is right to highlight that all that went wrong in this case, and there was a great deal, highlighted what is good about the criminal justice system as well as what went wrong. We owe a debt of gratitude to those involved in the system, in whatever capacity, who exercise their judgment in such cases. That applies, of course, to this particular counsel.
On my hon. Friend’s wider point, he knows, because I have said it before, that my view is that these were indeed appalling failures of the criminal justice system. We need urgently to understand what went wrong in these particular cases, but we also, as he says, need to look more broadly at the question of disclosure, which has been an issue for some time. It relates to what people know they should be doing and how much information they are prepared to take account of, but it also relates to the challenges we face from a very large amount of electronic material and a very large number of cases. The systems need to be fit for purpose and the review I am undertaking will seek to ensure that they are.
Nigel Huddleston (Mid Worcestershire) (Con)
Mr Philip Hollobone (Kettering) (Con)
The Attorney General (Jeremy Wright)
There is no specific offence related to returnees from Syria or Iraq as they can be prosecuted for a range of offences, but I can tell my hon. Friend that 97 people were charged with a terrorism-related offence in the year ending September this year, and as of last month 30 have been prosecuted and found guilty and a further 65 are awaiting prosecution.
Mr Hollobone
British jihadists who go abroad to fight Her Majesty’s armed forces are traitors and should be prosecuted for treason. My understanding is that the reason why they are not is that an official declaration of war has not been made against ISIS. Given that, should we not take away the nationality of these people so that they are not allowed back into the country in the first place, and if they are allowed back in, should not all of them be prosecuted and awarded the maximum sentences?
The Attorney General
We do prosecute wherever we can, and, of course, the appropriate place for some of these individuals to be brought to justice is the countries where their crimes are committed. On allowing them back into this country, as my hon. Friend may know, this country, as other countries, has an international law obligation to take back its own citizens. Where people have dual citizenship, it is feasible to take away their citizenship, and the Government do on occasion pursue the opportunity to do so, but we cannot leave people without a state.
Graham P. Jones (Hyndburn) (Lab)
The Secretary of State for Defence has suggested that all terrorists should be killed. Is it not important that the UK is seen as upholding the Geneva convention?
The Attorney General
That certainly is important. What my right hon. Friend the Defence Secretary was saying, echoing his predecessor, was that those who choose to fight with Daesh put themselves at risk, but let me make the legal position clear: every country, including this one, is entitled to defend itself from acts of terrorism, and where an attack is either present or imminent, and where it is necessary or proportionate to do so, this country can, and on occasion will, use force, including lethal force, to defend ourselves.
Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
The Attorney General (Jeremy Wright)
The Serious Fraud Office does vital work in tackling some of the most serious instances of fraud, bribery and corruption. The SFO will continue, as an independent organisation, to conduct its own investigations and prosecutions of some of the most serious and complex economic crime, and a recruitment campaign is now under way for its next director.
The Attorney General
We demonstrate here that no one is overlooked at Christmas.
The hon. Gentleman is right that the Home Secretary’s announcement was that on occasion tasking powers will be used by the NCA to ask the SFO to investigate particular matters. I suspect that they will be used very rarely, and they can be used only with the consent both of the Home Secretary and of me; and I do not expect that this will compromise the SFO’s independence in any way. Indeed, the Solicitor General and I are assiduous in ensuring that, both in choice of cases to investigate and in decisions to prosecute, the independence of the director of the SFO is preserved, and it still will be.
Sir Desmond Swayne
Can it be forthcoming for the victims who have reported these serious frauds but then hear absolutely nothing?
The Attorney General
That should not happen, but I know that my right hon. Friend will recognise that these are, by their nature, complex investigations and that it can take the SFO a large amount of time to get through all the relevant material in order to make a judgment. If he has a specific case in mind, I am sure that he will let me know so that I can look into it.
Tony Lloyd (Rochdale) (Lab)
The Attorney General
I rather agree with the hon. Gentleman, and his experience as police and crime commissioner will underline what he has just said. We need to do more, and we are. There is a joint fraud taskforce, as he may know, which involves not just the criminal justice agencies but the banks and other organisations. In addition, the Home Secretary has announced the creation of the National Economic Crime Centre, which will do a better job of co-ordinating our activities against economic crime of all kinds.
Mike Amesbury (Weaver Vale) (Lab)
Oral Answers to Questions
Jeremy Wright Excerpts(8 years, 2 months ago)
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Colin Clark (Gordon) (Con)
The Attorney General (Jeremy Wright)
The last financial year saw the highest number of terrorism-related arrests in any year since data collection began, and a 55% increase in trials from the previous year. The conviction rate in terrorism prosecutions remained at 86%. The team of specialist prosecutors within the Crown Prosecution Service counter-terrorism division has doubled in size and their skills have been enhanced through training and sharing best practice with partners.
Alex Chalk
Disclosure to the defence in terrorism trials, as in any other trials, of material that might be of assistance to the defence or that might undermine the prosecution is the touchstone of a fair trial. Yet, notwithstanding my right hon. and learned Friend the Attorney General’s guidelines, there are concerns about the inconsistent application of those requirements. What more can be done to ensure that this vital task is properly discharged?
The Attorney General
I am grateful to my hon. Friend, who has considerable experience in prosecuting cases. He is right that disclosure is a huge challenge, and becoming an ever greater one, because of the volume of material that arises, particularly in terrorism cases. We need to make sure we understand fully how we deal with a large quantity particularly of electronic material and sift it effectively. Then we need to make sure that all those involved in the disclosure process—both police officers and prosecutors—understand their responsibilities fully.
Colin Clark
What measures are in place to prosecute those linked to the war in Syria?
The Attorney General
This is a matter of considerable public concern. He will know that many of the offences related to what is happening in Syria are offences of preparing to commit acts of terrorism. Over the 10 years from 2006 to 2016, 90 offenders were charged with these offences, 81 of whom received immediate custodial sentences at an average of eight years and five months’ imprisonment.
Jim Shannon (Strangford) (DUP)
Bearing in mind that there was a 30% drop between June 2016 and June 2017 in convictions for terrorism-related offences, will the Minister outline how he has instructed the CPS to improve the conviction-arrest ratio?
The Attorney General
Across the United Kingdom, the volume of cases and convictions is going up all the time. It is important that we recognise that the volume of cases reflects a genuine problem—a problem not just of terrorist acts, but of those who encourage or glorify terrorism. We must make sure the law keeps pace with that in terms of substantive offences and the sentencing regime.
Peter Grant (Glenrothes) (SNP)
Following on from that answer, has the Attorney General seen the content published online yesterday by the Leave.EU campaign, in which a number of his hon. and right hon. colleagues were denounced as traitors and as a cancer, simply because they disagreed with the views held by the billionaire owner of that company? Will the Government consider amending legislation so that such clear incitements to hatred can be prosecuted through the criminal courts?
The Attorney General
I agree that incitement to hatred is reprehensible, from wherever it comes and whatever subject it is based on, and it is important that the criminal law is available to deal with that conduct. The hon. Gentleman is right too—he has heard me say this before—that conduct online should be treated no less seriously than conduct offline. No one should imagine that they are immune from the criminal law if what they are doing is online instead of in what we might call the real world.
Alex Cunningham (Stockton North) (Lab)
The Attorney General (Jeremy Wright)
The Prime Minister has made it clear that the United Kingdom is committed to maintaining both the UK’s and Europe’s security now and after our withdrawal from the EU. We believe that the UK and the EU should work together to design new, dynamic arrangements as part of our future partnership, that would allow us to continue and to strengthen our close collaboration on security, law enforcement and criminal justice.
Alex Cunningham
Next year, London will host the Commonwealth summit, which is a real chance to build on what the Minister has just said—that commitment across different countries to build up capacity to prosecute criminals. Can the Attorney General assure the House that every effort will be made to build the widest possible coalition to tackle crime, which knows no borders?
The Attorney General
Yes, I can give the hon. Gentleman that reassurance, and he is absolutely right that such offences are best dealt with transnationally, because they are committed transnationally. He will recognise that outside the European Union we have a number of different relationships with many other countries to enable us to do law enforcement more effectively and of course bring prosecutions more effectively too.
Robert Neill (Bromley and Chislehurst) (Con)
The Justice Committee, in its report in the previous Parliament on the legal implications of Brexit, referred to a number of practical measures that need to be taken to maintain criminal justice co-operation. Can the Attorney General help us on what progress has been made on those, and in particular what steps are being taken to ensure that we have continuing data regulation alignment after we leave?
The Attorney General
Yes. My hon. Friend is right that data is crucial to this, and he will recognise that two things need to be done simultaneously. We need to aspire to the closest possible co-operation in law enforcement and security with our European friends after our departure from the EU. We also, of course, need to prepare for what I think is the unlikely possibility that we will not have an ongoing relationship, and there may be a need to fall back on other things. But as I say, I think that is an unlikely possibility, and I think it is very important that we have the closest possible co-operation, which of course is in the interests not just of the UK but of the EU.
Nick Thomas-Symonds (Torfaen) (Lab)
It is vital that we maintain the advantages of our current prosecution toolbox when we leave the EU.
May I press the Attorney General on the allegations that exist of widespread international money laundering against the President of South Africa and the Gupta family, which is stripping money from South Africa and leaving that country as a captured state? Can the Attorney General assure me that our exit from the European Union will not hamper any investigation into those matters?
The Attorney General
As I said to the hon. Member for Stockton North (Alex Cunningham), we should all recognise that crimes like money laundering do not stop at national borders and therefore they cannot be combated solely by one nation state, and they are not being. Our co-operation with other countries will continue, and I hope be enhanced, because I believe this kind of transnational offending is likely to increase, not decrease. The hon. Member for Torfaen (Nick Thomas-Symonds) would not expect me to comment on ongoing investigations in specific cases, but I can assure him that when it comes to money laundering, as with other types of offending, that transnational co-operation will continue.
Nick Thomas-Symonds
I am grateful for that answer. Of course, I would not expect specific points on a specific case, but is the Attorney General aware that there are now further allegations against the Gupta family about a financial kickback from China South Rail that originates from the South African state enterprise Transnet? Can he assure me that if necessary the National Crime Agency, the Serious Fraud Office and the Financial Conduct Authority will undertake appropriate investigation of this matter?
The Attorney General
Yes. As the hon. Gentleman will readily recognise, one of the challenges in cases like this is to determine the appropriate jurisdiction, because many other law enforcement agencies in many other countries may well have an interest, but we do try and do that, and we are generally successful in reaching what I think are sensible settlements on who does what. He can rest assured that under this Government, offending of the type he has described will be properly pursued, wherever it takes place and whoever is responsible.
Mims Davies (Eastleigh) (Con)
Jo Platt (Leigh) (Lab/Co-op)
The Attorney General (Jeremy Wright)
I have frequent discussions with the Director of Public Prosecutions on a range of issues, including cases of rape and other sexual offences. May I take this opportunity to update the House on one aspect of trials of this kind of offending?
Earlier this year, the then Justice Secretary and I asked the Crown Prosecution Service to review a sample of case files to ascertain the frequency of applications to introduce evidence relating to the previous sexual history of a complainant, under section 41 of the Youth Justice and Criminal Evidence Act 1999. Section 41 provides for a presumption against the inclusion of evidence based on previous sexual history, but allows that evidence to be heard only in restricted circumstances. I am grateful to the Director of Public Prosecutions for her findings, which show that in only 13% of the cases looked at was an application under section 41 made, and that in just 8% of those cases was an application granted by the judge. That indicates that the overwhelming majority of rape cases see no evidence submitted of a complainant’s previous sexual history, but the Government are looking carefully at the detailed findings to assess the operation of the law in practice, and we will set out our conclusions shortly.
Jo Platt
I welcome the Attorney General’s comments, but does he accept that low conviction rates for rape and sexual offences can deter victims from reporting those incidents to the police—an issue that was recently brought to my attention by a constituent? If so, will he work with the Director of Public Prosecutions to improve confidence in our ability to prosecute such cases and ensure that victims are able to come forward?
The Attorney General
I am grateful to the hon. Lady, and the answer to her last question is certainly yes—that is what we are doing. She is right: there are a number of factors that might deter those who should come forward to report crimes of this nature from doing so, and of course deter them from pursuing those cases throughout trial. We must not only do what we can to ensure that conviction rates are where they should be, but make sure that complainants are properly supported throughout the case. We do that through independent sexual violence advisers and special measures. She will know that, in relation to vulnerable witnesses in particular, we are beginning to roll out pre-recorded cross-examination so that people can give their evidence outside a courtroom and get it done before the trial begins. All those things will help, but there is more to do.
Jeremy Quin (Horsham) (Con)
The Attorney General has just touched on this, but does he agree that it will help more vulnerable people to come forward if they feel that they can have a pre-trial cross-examination?
The Attorney General
I agree with my hon. Friend. That is important for two reasons. First, as I have indicated, for those people it means that their part in the case can be over before the rest of the trial takes place, meaning that they are not subject to any delays from which the case may suffer. Secondly, they are of course giving evidence outside the courtroom, without having to confront the defendant in the case. It is of huge benefit and, as I have said, I look forward to its further roll-out.
Alison Thewliss (Glasgow Central) (SNP)
In his capacity as ex officio Advocate General for Northern Ireland, what advice has the Attorney General given to his colleagues in government about the implications of the Criminal Law Act (Northern Ireland) 1967 on cases of rape in Northern Ireland, with particular reference to the non-consensual sex exemption form?
The Attorney General
As the hon. Lady may anticipate, I obviously do not discuss the advice that I have given within government. However, she can take it for granted that in relation to Northern Ireland, as in relation to all other parts of the United Kingdom, we take these offences extremely seriously, and we wish them to be prosecuted effectively.
The Attorney General (Jeremy Wright)
With permission, Mr Speaker, I will answer this question along with Questions 8 and 9.
Mr Speaker
Order. Question 9 has in fact been withdrawn. The Attorney General did not need to know that and clearly did not know that, which is no indictment of him, but it has been withdrawn.
Patrick Grady (Glasgow North) (SNP)
The Attorney General (Jeremy Wright)
The United Kingdom has a long tradition of ensuring that rights and liberties are protected domestically, and of fulfilling its international human rights obligations. The decision to leave the European Union does not change this.
Hannah Bardell
When the European Union (Withdrawal) Bill returns to this House, we will debate the EU charter of fundamental rights. Will the Government support the codification of the charter into UK law following its departure from the EU, and will they support their own Back Benchers’ amendments that have cross-party support?
The Attorney General
No. The reason is that the charter of fundamental rights, as the Labour Government indicated at the time, does not create any new rights. It incorporates rights that are already part of European Union law, and the Government’s intention is to translate those substantive rights into domestic law by the operation of the withdrawal Act. We do not intend to incorporate the charter of fundamental rights into domestic law.
Patrick Grady
How will leaving the European Union protect and enhance our rights, under the European convention on human rights, to free and fair elections of the legislature? Given that the vast majority of legislators in this country are not elected—they are Members of the House of Lords—are the Government confident that they will be complying with their ECHR obligations both before and after Brexit?
The Attorney General
Yes, we are confident that we are compliant with our ECHR obligations. The hon. Gentleman enables me to point out that, as he knows, our ECHR obligations will remain after we have left the European Union.
Tom Pursglove (Corby) (Con)
The UK has always been at the forefront of international human rights. Does my right hon. and learned Friend agree that we will continue such co-operation, not least, for example, under the auspices of the Council of Europe?
The Attorney General
I agree with my hon. Friend. I find it surprising that Members of this House have so little faith in their own institution. This House is perfectly capable of protecting the rights of the citizens of this country, and routinely does so. We do not need the assistance of the European Union to do it, and after we no longer have the assistance of the European Union, I am confident that this Parliament will continue to do it effectively.
Philip Davies (Shipley) (Con)
For many years, many people in this House seemed to think that human rights in this country started only with the Human Rights Act 1998, and they now seem to think that they started only with our membership of the European Union. Will the Attorney General confirm that our rights and freedoms in this country go back way beyond either of those points in our history, and will continue long into the future after they have both been replaced?
The Attorney General
The rest of the world is rightly jealous of this country’s ability to protect human rights through a robust system of the rule of law, a fiercely independent judiciary, and an effective legal profession.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
May I press the Minister following the answer that he gave to my hon. Friend the Member for Livingston (Hannah Bardell)? Last week, in front of the Exiting the European Union Committee, the Under-Secretary of State for Exiting the European Union, the hon. Member for Wycombe (Mr Baker) stated that the Government believe that the Human Rights Act can be relied on in place of the charter of fundamental rights. Does that mean that the Government are now fully committed to the retention of that Act beyond Brexit?
The Attorney General
I thought we had made clear that this country will remain a signatory to the European convention on human rights for the duration of this Parliament. The Under-Secretary of State was making the point that I made earlier: we are confident that the substantive rights that all Members of the House wish to continue to be protected, will remain protected in domestic law.
Mr Peter Bone (Wellingborough) (Con)
Does the Attorney General agree that it is an absolutely absurd proposition to suggest that if we come out of the EU we will deliberately in some way reduce human rights? That is an absolute nonsense, and it is a shame that the Opposition are peddling it.
Paul Flynn (Newport West) (Lab)
The Attorney General does not seem to get the point. Our role in human rights in Europe has been to set the gold standard and to show an example. The Council of Europe has experienced recent cases of corruption, with a man called Luca Volontè who took a bribe. The chairmanship was by Azerbaijan—a corrupt country. Our role is not to protect our own human rights by being in Europe, but to set a standard that can be emulated by other countries that have very serious breaches of human rights.
The Attorney General
The hon. Gentleman may be in danger of confusing the European convention on human rights with the charter of fundamental rights. As I said, the Government he supported—the last Labour Government—made it clear that no new rights were created by the charter of fundamental rights. Therefore, taking away that charter cannot remove any rights, and the Government have no intention of doing so.
Grahame Morris (Easington) (Lab)
Oral Answers to Questions
Jeremy Wright Excerpts(8 years, 4 months ago)
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The Attorney General (Jeremy Wright)
The Serious Fraud Office does vital work in tackling the most serious instances of fraud, bribery and corruption. We will continue to consider how best to allocate resources and improve joint working between all the enforcement agencies involved in combating economic crime.
Jo Stevens
Blockbuster funding can make up a significant amount of SFO funding. Does the Attorney General agree that it would be better to have a greater level of permanent funding?
The Attorney General
The hon. Lady is right that blockbuster funding forms a significant component of the SFO’s funding. I think that is likely to remain the case because, as she will appreciate, it is difficult for the SFO to predict exactly the number or severity of the cases it will deal with in any given year. However, there is an argument for relooking at how core funding is developed for the SFO, particularly so that it can attract and retain the best quality staff.
Robert Neill (Bromley and Chislehurst) (Con)
The SFO’s reputation has been greatly enhanced under its current director David Green, who is shortly to retire. It is critical that a director of equal quality is appointed to succeed him, so can we put to rest once and for all the suggestion that the independent SFO is likely to be merged into the National Crime Agency? That would be a grossly retrograde step for the efficiency and reputation of our fight against economic crime.
The Attorney General
On the importance of good leadership, I belatedly congratulate my hon. Friend on retaining the Chair of the Select Committee on Justice. My hon. and learned Friend the Solicitor General and I look forward to appearing before his Committee again.
On the future of the Serious Fraud Office, my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) is right to recognise the work that David Green and, of course, many others within the organisation have done to improve performance, and I would expect that to continue. I would also expect that, whatever we do, we will hold fast to the crucial requirements that any organisation combating this kind of crime must be effective and independent. Whatever changes are made, my hon. Friend has my assurance that that is what I will require as an end result.
Nick Thomas-Symonds (Torfaen) (Lab)
As we leave the European Union, the Labour party is very committed to the highest standards of corporate governance and will never tolerate the UK economy becoming some sort of refuge for dirty money. As a step to achieving that, a future Labour Government will definitely safeguard the future of the Serious Fraud Office. I am making that commitment from the Dispatch Box. Can the Attorney General do the same?
The Attorney General
I am glad the shadow Solicitor General recently had the opportunity to visit the Serious Fraud Office, and I am glad that he took up that opportunity. He will have seen the level of commitment within that organisation to combating economic crime. As he has heard me say before, it is about effectiveness and co-operation across the landscape of different organisations that deal with economic crime. It is not about whose name is on the letterhead; it is about how they do the job. We are committed to making sure that, whoever is doing the job of combating economic crime, they are effective, they are properly funded and they have the necessary independence to deliver the results we all want to see.
Nick Thomas-Symonds
Yes, I did visit the Serious Fraud Office with my noble friend the shadow Attorney General last week, and we saw the commitment and dedication of its staff. The ongoing uncertainty that has been caused by the Attorney General’s position with regard to the Serious Fraud Office is not helping morale or recruitment. I say again that it would help significantly if, rather than giving the answers from the Dispatch Box that he has given today, he were far more definite about his commitment to the Roskill model and the independence of the Serious Fraud Office.
The Attorney General
I am sorry to say that I think the hon. Gentleman, who is usually very assiduous in paying close attention to our proceedings, may not have been listening carefully enough. I have given repeated commitments to the Roskill model, which is clearly demonstrating its success in bringing together prosecutors, investigators, accountants and others to make sure that cases of this complexity are properly addressed. I am a full supporter of the Roskill model, as I have said on many occasions.
Mr Simon Clarke (Middlesbrough South and East Cleveland) (Con)
2. What steps the Crown Prosecution Service is taking to implement the Government’s plan for tackling hate crime.
Michael Fabricant (Lichfield) (Con)
3. What progress the Crown Prosecution Service has made in improving conviction rates for offences of modern slavery; and if he will make a statement.
The Attorney General (Jeremy Wright)
The CPS is dealing with increasing numbers of modern slavery and human trafficking offences, and the number of convictions for those offences in 2015-16 was 48% higher than the year before.
Michael Fabricant
My right hon. and learned Friend will know that in counties such as Staffordshire there is a growing trend of gangmasters exploiting vulnerable people for things such as drug pushing. How can we use the Modern Slavery Act 2015 to try to restrict that? What guidance does he give the courts on this?
The Attorney General
My hon. Friend makes a good point, which is that modern slavery offences are often found alongside other types of offending, in particular, drug offending. We already have strict penalties available for the drug offending elements of that kind of activity. What the Modern Slavery Act gives the prosecution, and then of course the court, is the opportunity to pursue the modern slavery aspect of this offending, which is hugely important. As I have indicated, we are starting to see an increased volume of those offences going through the courts.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Will the Attorney General join me in congratulating all those involved in the highly successful, high-profile recent prosecution of people involved in modern slavery? Such cases are very expensive to prosecute, so will he assure the House that the required money and resources will be available? This activity is endemic up and down the country, not just in London, and we need the resources for the police to be able to conduct these cases.
The Attorney General
I can give the hon. Gentleman that assurance, and there should never be any question but that where this type of offending is prosecuted successfully and convictions are recorded, people receive the appropriate punishment. In the case I suspect he is referring to, where sentences were handed down recently, a clear signal of that has been given. There were 11 defendants, all members of one family, as he knows, and they received a total of 79 years’ imprisonment. That is appropriate for offending of the type involved in that case—it was truly horrendous behaviour.
Mr Philip Hollobone (Kettering) (Con)
Which regional office of the CPS is performing best at prosecuting modern slavery and how might its best practice be rolled out to others?
The Attorney General
My hon. Friend will be shocked to learn that I do not have that figure at my fingertips, but I will find it out for him. He will understand that these can often be complex investigations and prosecutions, as the hon. Member for Huddersfield (Mr Sheerman) has just correctly said. There may not be uniformity of experience across the different regions; some regions may not have seen many of these cases, whereas others may have seen a great deal of them. So we will have to be cautious in the comparison he invites me to make, but I will have a look at the figures and see what I can sensibly tell him.
Martyn Day (Linlithgow and East Falkirk) (SNP)
4. What assessment he has made of the potential effect of the UK leaving the EU on the functioning of the different national legal systems in England, Northern Ireland, Scotland and Wales.
Nick Smith (Blaenau Gwent) (Lab)
9. What discussions he has had with the Crown Prosecution Service on cases involving domestic violence.
The Attorney General (Jeremy Wright)
I discuss offences connected to domestic abuse with the Director of Public Prosecutions on a regular basis. Such cases are forming a higher percentage of the CPS case load, and prosecutions and convictions in them are at their highest ever level.
Diana Johnson
Last weekend, I met a woman who had been subjected to horrific domestic abuse by her partner since the age of 13, and it had carried on for many years. She was concerned that the relatively new offence of coercive and controlling behaviour had never been used against that perpetrator and that it may not be being used as much as it should be. Will the Attorney General look at that when he next meets the DPP?
The Attorney General
I will certainly do that. I understand the concern that the hon. Lady has expressed. As she knows, this offence is relatively new, and there have therefore been relatively few cases where it has been deployed. There have been convictions, and the more that there are, the more the signal will be sent that this is the kind of behaviour that will result in criminal action, prosecution, conviction and sentencing. I hope that that will increasingly be the case, but of course it cannot act retrospectively. In relation to the future, we are making good progress.
Laura Pidcock
It is apt to say in these questions that our thoughts are with Doreen Lawrence whose son, Stephen Lawrence, would have been 43 yesterday.
An estimated 1.8 million adults aged 16 to 59 were victims of domestic abuse in the year ending March 2016. Will the Attorney General consider whether electronic-only evidence submissions to the CPS is the most effective way of capturing a case and the experience of a victim?
The Attorney General
We will always consider ways in which we can capture the evidence from victims, and other witnesses of course, in the most effective way. The hon. Lady will know that some of our recent changes involve the opportunity for particularly vulnerable witnesses to give evidence without being in a courtroom physically and to do so in advance of the rest of the case, so that they can get their part in the case done quickly. We will always look at ways in which we can do that better. It is a crucial part of encouraging people to come forward and report abuse and stick with the purpose and the process of prosecuting those who are responsible.
Nick Smith
In Gwent, 1,401 cases of domestic abuse were put forward to the CPS in 2015-16, and charges were brought in 68% of them. The highest rate was in Leicestershire where the CPS pursued 82% of cases. Will the Attorney General please explain why there are such stark regional differences?
The Attorney General
The differences are always explained by the merits of the cases themselves, and there will be some variation. I will look at the hon. Gentleman’s particular statistics, but he will recognise that every case is different, every case must be considered on its merits, and the CPS must make the best judgment it can in each of those cases.
Several hon. Members rose—
Mr Marcus Fysh (Yeovil) (Con)
The local police in Yeovil report good progress in dealing with domestic violence but would welcome a bit more flexibility from the CPS about the types and amounts of evidence required for prosecution, including evidence gathered by modern methods such as body cameras. Will my right hon. and learned Friend please work with the police and the CPS on those suggestions?
The Attorney General
I agree that flexibility is important, and I hope that my hon. Friend will be reassured to know that, with the roll-out of more and more body-worn cameras, we will see this evidence play a greater part in this kind of prosecution. That is welcome, because it means that we can have evidence of what was happening when the police arrived without the need to extract that evidence from complainants who may be reluctant for all sorts of reasons. That is a positive move, and I am sure that we will see more of it in Yeovil and elsewhere.