Oral Answers to Questions

Jeremy Wright Excerpts

Tuesday 18th November 2014 Commons Chamber

[Martin Vickers (Cleethorpes) (Con)]

1. What discussions he has had with his ministerial colleagues on the effectiveness of the unduly lenient sentence scheme.

[The Attorney-General (Jeremy Wright)]

I have regular discussions with ministerial colleagues on a range of matters, including the effectiveness of the unduly lenient sentence scheme. In the year to 30 October, the Law Officers considered 362 cases under the scheme and referred 100 offenders to the Court of Appeal. Some 69% of those offenders then had their sentences increased by the court for some of the most serious violent and sexual offences, including murder, rape and sexual assault.

[Martin Vickers]

I thank my right hon. and learned Friend for that reply, and welcome the fact that many sentences have been increased. My constituents, however, find many sentences passed by the courts to be far too lenient. It is clearly important to maintain public confidence in the sentencing process, so what other steps does my right hon. and learned Friend intend taking to ensure that that is the case?

[The Attorney-General]

Of course, this is a remedy for those exceptional cases where the judiciary pass what are considered by the Court of Appeal to be unduly lenient sentences, and I think it is right that we have that mechanism available to us. I believe that the judiciary generally get it right, but that when they do get it wrong it is important to have a mechanism to correct things.

[Keith Vaz (Leicester East) (Lab)]

I raised with the Attorney-General’s predecessor the case of Elena Fanaru, a young woman who was killed by a driver who did not have insurance and got a shockingly lenient sentence. The key is keeping in touch with either the victims or, where they are deceased, the families of the victims. Can the right hon. and learned Gentleman reassure us that that is happening throughout this process?

[The Attorney-General]

Yes, I can give the right hon. Gentleman that assurance. As he says, it is important that people affected by offences of this kind have an opportunity to invite the Law Officers to consider the matter. As he will know, not every offence is currently included in the scheme and not every case that is referred to the Law Officers will subsequently be referred to the Court of Appeal, but I think it important that those people have an opportunity to raise their concerns, and that others who have no connection with the case have that opportunity as well. I emphasise again that only in exceptional cases will the matter be taken further.

[Andrew Griffiths]

My constituent Mr Christopher Adams pleaded guilty to three offences of sexual activity with a young woman in my constituency who had the mental age of a child. Although he had pleaded guilty and had been told by the judge that he should expect a lengthy custodial sentence, he actually received only a community order—not even a restraining order to keep him away from the young girl concerned. That case cannot be referred under the unduly lenient sentence scheme because it does not qualify: the system does not consider it a serious enough offence. My constituents feel that it is a serious enough offence. Is it not time that we examined that case and others of its kind with the aim of enabling them to be reviewed if the sentence imposed was not strict enough?

[The Attorney-General]

I commend my hon. Friend not just for raising that case today, but for communicating with me about it more than once. He feels very strongly about it, and I understand why: it is clearly a very terrible case. At present, as he will know, the balance is struck between a manageable system that enables us to pass truly exceptional cases to the Court of Appeal and ensuring that people have an opportunity to raise their concerns. I can tell him, however, that I am looking at the unduly lenient sentence scheme again to ensure that its scope is appropriate and that it is coherent and sustainable, and I will take careful note of what he and others have said as I do so.

[Philip Davies (Shipley) (Con)]

As the Attorney-General knows, I refer a number of cases to him for appeal against unduly lenient sentences, and I am very grateful to him and to the Solicitor-General for the way in which they consider them. The Solicitor-General has now begun to view the behaviour of offenders after their conviction to establish whether they have gone on to the straight and narrow as a factor in the decision on whether to appeal. On that basis, is it not time that we increased the period during which people can appeal against unduly lenient sentences from 28 days to perhaps double that, so that everyone has more of a clue about the path on which the offender has embarked after he has been sentenced?

[The Attorney-General]

That is certainly one of the criteria that are considered, but it is not the only one. Most consideration concerns whether the judge applied the information that was available to the sentencing judge appropriately in determining whether a sentence was unduly lenient.

The issue of the time limit for making a reference under the scheme is a vexed one, and I know that my hon. Friend has raised it before. I think it is important for there to be certainty and a fixed end point, and for defendants to understand clearly that after a fixed period they will know what sentences they will be serving. For that reason, I am not currently minded to extend the time limit, although, as I have said to my hon. Friend, I am considering other aspects of the scheme very carefully.

[John Stevenson (Carlisle) (Con)]

2. What steps he has taken to promote pro bono work among members of the legal profession.

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[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

7. What recent assessment he has made of how effectively police and prosecutors co-operate in securing convictions of perpetrators of child abuse.

[The Attorney-General (Jeremy Wright)]

The Crown Prosecution Service prosecutes child abuse cases robustly. In 2013-14, the number of child abuse prosecutions rose by 440 to 7,998 and the conviction rate rose to 76.2%—the highest ever, and a reflection of the close co-operation between the police and the CPS.

[Kerry McCarthy]

I thank the Attorney-General for his response. The excellent recent report produced by my hon. Friend the Member for Stockport (Ann Coffey) raised concerns in relation to child sex exploitation and grooming in the Manchester area that negative comments by the CPS about the victims’ behaviour had influenced the decision not to bring charges. Will he ask Her Majesty’s Crown Prosecution Service inspectorate to review those charging decisions made by the CPS to ensure that the new guidelines—which do not allow prejudices and stereotypes about the victims to be taken into account—are now being adhered to?

[The Attorney-General]

Yes, I have seen the report by the hon. Member for Stockport and I agree that it is an impressive and particularly striking piece of work. I hope the hon. Member for Bristol East (Kerry McCarthy) will be relieved to know that updated guidance for Crown prosecutors on this type of offence is already available and makes precisely the point to which she refers. A number of myths need to be addressed, and not only in the minds of prosecutors; there needs to be communication with courts and juries to make sure that some expectations that some jurors and some prosecutors have of how victims of this type of offending ought to behave are challenged and dealt with. That guidance is in a much better place now, and the CPS is serious about it.

[Helen Jones (Warrington North) (Lab)]

The excellent report by my hon. Friend the Member for Stockport showed that there had been 13,000 complaints of serious sexual assault against children in six years but only 1,000 convictions. Is it not time to review not only the guidance for prosecutors but how the police handle these cases, how they deal with victims and the kind of evidence they collect, to ensure that these crimes are taken seriously and that they realise that these are children who cannot give consent, whatever their circumstances?

[The Attorney-General]

Yes, the hon. Lady is certainly right about the last point she makes, and it is important that everybody keeps that in mind in these cases. As she will understand, I do not take responsibility directly for what the police do, but it is important that Crown prosecutors have the earliest possible interaction with investigators to make sure these cases develop in the right way. Again, that forms part of the updated guidance and we are keen to see that it happens. In addition, it is important that we have specialist prosecutors who understand these cases well. The CPS is now taking that approach and it is a positive move forward, which will mean that these cases are prosecuted in the most effective way.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

These statistics are shocking and I am grateful for the Attorney-General’s reassurance that they will be reviewed. Will he be discussing with the Home Secretary today’s report by Her Majesty’s inspectorate of constabulary about the non-recording of 200,000 reported sexual offences?

[The Attorney-General]

Yes, and clearly this matter is of great concern. The hon. Lady will understand that that report was commissioned by my right hon. Friend the Home Secretary, who I know will wish to take up some of its recommendations very clearly, and I will certainly discuss with her what more the CPS can do to assist. The hon. Lady will also understand that, notwithstanding the point I made to the hon. Member for Warrington North (Helen Jones) about the need for Crown prosecutors to be engaged at an early stage, these prosecutors cannot be engaged right from the outset. It is important that once they are, they engage properly and prosecute these cases effectively.

[Mr Speaker]

I am trying to help Members but they must help themselves. Extreme brevity is now required, not preambles. We need short questions and short answers.

[Tessa Munt (Wells) (LD)]

Edward Graham, a retired serviceman, was recently sentenced to 13 years’ imprisonment for 23 counts of sexual abuse, after a trial by a court martial. I understand that a court martial should be used for service personnel only for matters of military discipline, so will the Attorney-General have discussions with the Secretary of State for Justice and the Secretary of State for Defence to ensure that all future cases not involving matters of military discipline are investigated by the police and tried by the civilian courts?

[The Attorney-General]

Let me be as brief as I can, Mr Speaker. I understand that the only way of prosecuting this man was via a court martial, because the offences took place before the law had changed to allow for the prosecution of this type of offence in a civilian court in this country. So if a British court was to take it, it had to be a military court. It was a good example of the effective prosecution of historical abuse claims.

[David Mowat (Warrington South) (Con)]

There have been several recent instances of victims of child abuse being subjected to intimidatory and vicious cross-examination by defence barristers, which will be a deterrent for those people coming forward in the future. Is there more we can do to raise standards in this regard?

[The Attorney-General]

Yes, I hope there is. First, I should say it is right that the defence case is put to prosecution witnesses and to complainants, and that will often be a difficult experience. However, aggressive cross-examination is not necessarily the same as effective cross-examination, and it is important that defence advocates as well as prosecution advocates understand that clearly. I know that the Lord Chancellor is interested in talking to the legal professions about the best way to ensure the necessary training is delivered, and, as I have said, as far as prosecutors are concerned that is already being done.

[Mr Peter Bone (Wellingborough) (Con)]

It has been reported in the media today that a 12-year-old boy was murdered in the 1980s by a Member of Parliament at a depraved sex party. What resources will the Attorney-General put to that investigation?

[The Attorney-General]

My view is that the Crown Prosecution Service should pursue cases where the evidence exists to wherever the evidence leads regardless of the position held by the person being investigated. If evidence is brought to light to justify such an investigation, I would expect it to be carried out.

[Justin Tomlinson (North Swindon) (Con)]

5. What steps the Crown Prosecution Service has taken to improve the conviction rate for rape and domestic violence in the last two years.

Oral Answers to Questions

Jeremy Wright Excerpts

Tuesday 14th October 2014 Commons Chamber

[Mr Stewart Jackson (Peterborough) (Con)]

3. What steps the Crown Prosecution Service is taking to ensure that adequate provision is made to support vulnerable witnesses in cases of sexual abuse or domestic violence.

[The Attorney-General (Jeremy Wright)]

The Crown Prosecution Service works closely with the police and voluntary sector to ensure that vulnerable victims and witnesses in cases of sexual abuse and domestic violence are well supported. Special measures such as intermediaries, screens and live video links are used to help them give their best evidence in court. Additional support is also available for victims from independent sexual violence advisers and domestic violence advisers who guide them through the criminal justice process.

[Peter Aldous]

I am grateful to the Attorney-General for that answer. Two cases of domestic violence in my constituency have come to my attention. Both victims were put through more anguish and turmoil as a result of the support offered by the police, the courts, the voluntary sector and the CPS not being properly joined up—the left hand not knowing what the right hand was doing. Will he confirm that the CPS will work with all other parties to provide seamless and co-ordinated support?

[The Attorney-General]

My hon. Friend makes a good point. It is important that those services are co-ordinated, and that victims of such offences are taken seriously from the outset, that they are listened to and that they are supported throughout the process, so I take what he says seriously. If he can supply me with details of the cases, I will certainly investigate and see what may have gone wrong.

[Mr Stewart Jackson]

I commend the work of the Peterborough rape crisis care group based at Rivergate in Peterborough. Will my right hon. and learned Friend join me in welcoming the opening of 15 new rape support centres since 2010? What more can be done to focus efforts on local providers who give help to those who need it most?

[The Attorney-General]

I certainly join my hon. Friend in congratulating those who are involved in the work in his constituency. He is right that the voluntary sector has a huge part to play. He will know that the key concern of many who work in this sector is not just the existence of funding but the continuity of funding, which is why we have been keen to give some security to this sector with £40 million of funding for domestic violence more generally over the course of this Government.

[Keith Vaz (Leicester East) (Lab)]

Since the publication of the Jay report, a further 29 cases of child abuse have emerged in Rotherham. Given what Professor Jay said about the Crown Prosecution Service and other agencies, how can the Attorney-General reassure the House that everything possible is being done to support those victims and to bring the perpetrators to justice?

[The Attorney-General]

I am grateful to the right hon. Gentleman for his question. He will understand that, because some of these investigations are ongoing, there is a limit to what I can say about them, but he is right that it is important in cases such as what may have gone on in Rotherham that we take seriously victims of abuse and that we support them throughout the process. He can be assured that we keep a very close eye on these particular prosecutions as they develop and will do everything we can to ensure that they are conducted properly.

[Andrew Gwynne (Denton and Reddish) (Lab)]

Back in November 2013, Keir Starmer, the then Director of Public Prosecutions, launched a protocol under which the police, the social services and prosecutors would work together to share information on child sex abuse cases. What proportion of local authorities in England and Wales have adopted that protocol, and what consideration has the Attorney-General given to making it compulsory?

[The Attorney-General]

As the hon. Gentleman may anticipate, I will have to write to him with the figure but I can tell him that we consider the protocol to be very useful. I shall add one of the things that he did not mention to the list of those measures that are important in these cases: to ensure that prosecutors are properly trained and experienced to conduct these kinds of cases. That is precisely why, as he knows, we now have a pool of specialist prosecutors for rape cases and for child sexual abuse cases to ensure that that happens.

[Valerie Vaz (Walsall South) (Lab)]

Given that the budgets for rape victims have been devolved to police and crime commissioners, what steps can be taken to ring-fence those budgets so that they are there for survivors and victims?

[The Attorney-General]

As I suspect the hon. Lady knows, not all of the victims’ budgets are devolved to PCCs, but for that part that is, we need to trust those who are locally elected to understand clearly that the needs of victims must be pre-eminent within the criminal justice system. I think that police and crime commissioners, from whatever party, generally speaking do understand that. I am sure that she will have productive conversations with her own PCC to make sure that that is the case.

[Mr William Bain (Glasgow North East) (Lab)]

2. What progress he has made on the more effective prosecution of fraud and other serious financial crimes.

[The Attorney-General (Jeremy Wright)]

I discuss with the Director of Public Prosecutions and the director of the Serious Fraud Office the effective prosecution of fraud and financial crime. Both the Crown Prosecution Service specialist fraud division and the SFO have conviction rates of around 85% for 2013-14. This month the first plea of guilty has been entered in the LIBOR case. In the first six months of this year the SFO obtained financial orders worth over £23 million in total and it has successfully recovered around £9 million in confiscation orders from serious criminals.

[Mr Bain]

Last month the Attorney-General indicated that he would consider adopting Labour’s policy of making it a criminal offence for a company to fail to prevent fraud by its employees. When will the Government legislate on that?

[The Attorney-General]

It is certainly worth considering whether we can do better in overcoming the gap in the law as it relates to finding those within the corporate world who are responsible for what are very serious crimes. The appropriate approach to politics is to take ideas from wherever they come and consider them carefully, which is exactly what the Government will do. When we are in a position to bring forward proposals, we will do so.

[Sir Edward Garnier (Harborough) (Con)]

One of the new weapons that prosecutors have at their disposal is the deferred prosecution agreement, which I hope will be made use of in the near future. Will my right hon. and learned Friend confirm that he and our hon. and learned Friend the Solicitor-General are determined to maintain the Serious Fraud Office as an independent investigating prosecutor and that it is under no danger of being subsumed into any other piece of the Government machine?

[The Attorney-General]

My hon. and learned Friend is a distinguished former Law Officer and played a significant part in bringing forward deferred prosecution agreements. He should be proud of what he did in that regard. So far as the future of the SFO is concerned, I take the view that the Roskill model on which it is based, which combines lawyers, investigators and experts of other kinds into specific teams to deal with what are very complex and difficult investigations and prosecutions, is the right model. As I have said, it is achieving some creditable results. Although I do not set my face against any change in the future, I do think it is worth preserving that model. I know that the Solicitor-General and I will wish to make that argument very strongly.

[Andy Sawford (Corby) (Lab/Co-op)]

Has the Attorney-General received from the Serious Fraud Office a request for an emergency injection of funds? Is he aware that it is struggling and estimates that it needs an additional £19 million to continue its work?

[The Attorney-General]

The hon. Gentleman may know that the funding model for the Serious Fraud Office is very unusual. It receives core funding, but it is recognised, not least by the Treasury, that there are a number of cases that, because of their nature and scale, require additional funding. That is standard practice for the SFO in terms of its funding. It received a large extra amount of money to deal with those so-called blockbuster cases last year and that will no doubt be the case this year. When we are in a position to set out figures for this year, we will do so, but it is in no way unusual that that should happen and it is a sensible model for what is effectively a demand-led organisation.

[Stephen McPartland (Stevenage) (Con)]

Will the Attorney-General share with us what measures are being taken to increase prosecution rates for all corruption cases?

[The Attorney-General]

My hon. Friend will appreciate that corruption cases might be prosecuted by the Serious Fraud Office or, on a lower scale, by other bodies. We seek to present the evidence to the Crown Prosecution Service, if that is the appropriate body, and for it to consider in accordance with the usual test whether the evidence is there and the public interest is met for pursuing a prosecution. He will understand and know clearly that the Government’s commitment to dealing with corruption at every level is very strong, and that commitment will continue.

[Sammy Wilson (East Antrim) (DUP)]

Is the Attorney-General aware of the difficulties in obtaining successful prosecutions and the seizure of assets against criminal gangs operating from Northern Ireland involved in money laundering as a result of the non-operation of the National Crime Agency in that part of the United Kingdom?

[The Attorney-General]

Yes, of course. As the hon. Gentleman knows, the National Crime Agency’s writ does not run to Northern Ireland, but he is right that we need to work closely with the agencies that do work in Northern Ireland to ensure that we do the best we can to recover these assets. We will continue to work closely with the Northern Ireland Executive to ensure that that continues to happen.

[Greg Mulholland (Leeds North West) (LD)]

The simple reality is that when county police forces deal with fraud without their area as well as within it, it simply does not work. I have been very frustrated going from pillar to post between those agencies and the Serious Fraud Office. What role does the National Crime Agency now play and should it not be bringing such cross-border cases together?

[The Attorney-General]

The Serious Fraud Office certainly works very closely with the National Crime Agency on its case load, but it is also important that we recognise what has happened within the CPS with the creation of a specialist fraud directorate, which tries to bring together some of the prosecutors, not least those from other Departments, such as the Department for Environment, Food and Rural Affairs and the Department for Work and Pensions, to ensure that we have the necessary expertise to pursue fraud wherever it is found. We will continue to do that, because it is important that we recover these assets and that we prosecute those responsible for fraud, which in many cases is effectively fraud on the taxpayer.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

I wish the Attorney-General the best of luck in his new role, particularly in explaining to this legal illiterate Government their obligations under international and national law to uphold the rule of law. I also wish him the best of luck with Home Office empire building, and that is the purpose of this question. Will he confirm reports in The Times and the Financial Times that Ministers are discussing the abolition of the Serious Fraud Office and will he give this House a clear assurance that he will fight such attempts to dismember the SFO so that we continue to have an independent combined investigator and prosecutor of serious economic fraud?

[The Attorney-General]

I am grateful—I think—for the hon. Lady’s welcome. May I reassure her that this Government fully understand their legal obligations, both national and international, and that they will continue to do so for as long as I am Attorney-General? As for the Serious Fraud Office, let me repeat what I said to my hon. and learned Friend the Member for Harborough (Sir Edward Garnier). It is crucial that we maintain, as she says, the unique model of combining investigators, lawyers and other experts in specific teams to address very complex and difficult cases. That is a model well worth defending. It would be foolish for any Minister within any Government to set their face entirely against any change that might produce a better outcome and, conceivably, a better deal for the taxpayer, but I think it is important to defend that model and she has my absolute assurance that I will continue to do so.

[Mr Speaker]

I call Gordon Henderson. Not here.

--- Later in debate ---

[Oliver Colvile (Plymouth, Sutton and Devonport) (Con)]

7. If he will take steps to raise awareness among jurors of the law relating to contempt of court.

[The Attorney-General (Jeremy Wright)]

The Criminal Justice and Courts Bill, which is currently being considered in another place, will make it a criminal offence for jurors to engage in conduct which is currently a contempt of court. By making juror misconduct a criminal offence, it will reinforce the message that such behaviour is unacceptable and threatens trial by jury.

[Sir George Young]

Will my right hon. and learned Friend explain what measures are taken to enforce the existing law, and whether additional measures will be taken to enforce the law as it is about to be amended?

[The Attorney-General]

At present it is for the Attorney-General to prosecute cases of contempt of court in these instances, and there have been five prosecutions of jurors since 2010. It is not that we anticipate a large number of additional prosecutions as a result of this change, but rather that we want the message to be very clear to jurors that there are consequences should they decide not to abide by their oath, and that there is wider damage that may accrue to the concept of trial by jury if jurors do not abide by their oath. That is what we seek to achieve.

[Oliver Colvile]

What proposals does my right hon. and learned Friend have to ensure that jurors do not find themselves in contempt of court for use of social media and the internet?

[The Attorney-General]

I think my hon. Friend is referring to an emerging difficulty that we face: not only do we wish jurors to abide by their oath—the oath is very clear, and they should be fully cognisant of what it requires of them—but we need to address the fact that in the age of social media, people can get themselves into trouble without realising it. That is why, beyond even jurors, we have tried to set out clearly in the social media arena what contempt of court might involve so that people can avoid it. We have sent out on social media clear messages, I hope, as to what should be avoided, and we will continue to look for ways to do that.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The Attorney-General has admitted that there have been only five such prosecutions, but will he look more thoroughly at the wonderful people who come and do jury service and are treated abominably, both in my constituency and throughout the country—kept waiting, never knowing what is going on, sent home and brought back? Why do we not improve their situation?

[The Attorney-General]

I agree entirely that we should pay tribute to all those who engage in jury service. The hon. Gentleman is right that it is a tiny minority of those jurors who cause any difficulty at all, and it is also right, as he says, that we should treat those jurors as well as we can. Having practised in the criminal courts, I know that there has long been an issue with jurors being kept hanging around and not given clear information as to what is going to happen next. Some of that, as he will appreciate, is a simple function of the uncertainties that criminal trials bring about, but I will certainly speak to my right hon. Friend the Justice Secretary about how we can do better for jurors. The hon. Gentleman is right—they deserve the best treatment we can give them.

[Mr Speaker]

The hon. Member for Shipley (Philip Davies) has been kept waiting, but his moment has arrived.

Superannuation Bill

Jeremy Wright Excerpts

Wednesday 13th October 2010 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Is the hon. Member for Gloucester (Richard Graham) giving way?

[The Lord Commissioner of Her Majesty's Treasury (Jeremy Wright)]

No, don’t! She is being discourteous.

[Richard Graham]

The point that I had reached was that many in the House clearly agree that civil servants deserve better. Those of us who support new clause 1 are absolutely clear—I have talked to PCS members in my constituency—that many members of the trade unions involved do not understand, and are indeed being misled by their unions on, what is on offer and what is being negotiated. I therefore put it to the House that Members who believe in supporting lower-paid civil servants will support the new clause, precisely because those people deserve better. That is what the measure will achieve and why I support it.