Oral Answers to Questions
Debate between Jeremy Wright and Karl Turner(8 years, 2 months ago)
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The Attorney General
I am on the Government’s side; I think I made my position quite clear yesterday. In relation to the role of the Attorney General in inquiries, the hon. Gentleman is of course right that the Attorney General, and the Law Officers more broadly, have an important part to play in ensuring that the Government actions stay within the law, domestic and international, and previous and current Law Officers take that responsibility very seriously.
Karl Turner (Kingston upon Hull East) (Lab)
Yesterday, Amnesty International published its annual report, which rightly criticises the Government’s plan to scrap Labour’s excellent Human Rights Act. Amnesty’s UK director, Kate Allen, commented that the behaviour of the UK towards China, Saudi Arabia and Egypt shows that the Government have lost their passion to promote human rights. Does not the Government kow-towing to countries like China and Saudi Arabia, without challenging their dodgy human rights records, and the Prime Minister’s phoney plan to water down the Human Rights Act, send the wrong message to dictators and rogue states?
The Attorney General
No. The position is this: Government Members, I am sure in common with the hon. Gentleman and his colleagues, will continue passionately to advocate the case for the protection of human rights both in this country and abroad. He is quite wrong to say that this Government, in common with their predecessors, do not challenge other states that have a doubtful human rights record—we continue to do that.
In relation to the Amnesty International report, I have a huge amount of respect for what Amnesty International does, but in this report it has, in my view, overstated its case just a little. It is not the case, as I have said before and as the hon. Gentleman knows, that human rights and the Human Rights Act are the same thing. It is possible to protect human rights without the Human Rights Act—in fact better to do so—and that is what this Government intend to do.
Oral Answers to Questions
Debate between Jeremy Wright and Karl Turner(8 years, 3 months ago)
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The Attorney General
Yes, I agree with my hon. Friend, and it is important that the Crown Prosecution Service inspectorate takes that role. As I have indicated, it is keen to ensure that its work is conducted as efficiently as possible, and it will need to do that in continuing difficult economic times. It is not right to suggest that the CPS does not have the resources that it needs to do its job well.
Karl Turner (Kingston upon Hull East) (Lab)
This time last year the Director of Public Prosecutions asked the Attorney General for an extra £50 million to prosecute complex cases properly, but the spending review revealed a real-terms cut of 2.1% to the Law Officers Department. Given that the vast majority of the budget is taken up by the CPS, will the Attorney General confirm that the DPP is saying that she no longer needs the extra £50 million for which she was pleading just 12 months ago?
The Attorney General
May I start by congratulating the hon. Gentleman on his well deserved promotion? I point out, however, that I think four people have done his job in the time that I have been doing mine, so I wish him at least a comparatively long career in opposition.
As he knows—we have discussed this issue across the Dispatch Box previously—it is important to listen to what the CPS is saying now, not what it said a year ago, and what it is saying now is what I read to him in my initial answer. At the time, the CPS comment, with which the DPP fully agrees, was:
“This settlement will allow the CPS to respond to a changing caseload and the significant increase in complex and sensitive cases, such as terrorism, rape and serious sexual assaults and child sex abuse.”
That is what the DPP believes. She says that this is a good settlement, and I agree with her.
Oral Answers to Questions
Debate between Jeremy Wright and Karl Turner(8 years, 5 months ago)
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Karl Turner (Kingston upon Hull East) (Lab)
At the beginning of the year, the DPP asked the Attorney General for an extra £50 million to plug the funding gap so that the CPS could properly prosecute complex matters, such as historical sex cases. He confirmed to this House that he was talking to the Treasury about this extra funding and that he thought it would understand the case he was making, but there was no mention in yesterday’s autumn statement of this extra, special funding for historical sex cases. What went wrong?
The Attorney General
The hon. Gentleman should pay close attention to what the CPS is saying now, as much as to what it said then. Let me tell him what it said yesterday in response to the settlement. It said:
“This settlement will allow the CPS to respond to a changing caseload and the significant increase in complex and sensitive cases, such as terrorism, rape and serious sexual assaults and child sex abuse.”
The CPS is making the same point that I am making today about this settlement: it is a settlement that recognises the need to deal with precisely the type of increase in case load that he is talking about.
Oral Answers to Questions
Debate between Jeremy Wright and Karl Turner(8 years, 6 months ago)
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The Attorney General
I do not accept that that uncertainty is damaging. What is happening is that we are seeking a better settlement on the arrangements at Strasbourg. We believe that, on issues such as prisoner voting, it is important that this House, not the Court in Strasbourg, should make the decision. That requires a discussion with the Council of Europe. That discussion will take place. It is important that we on the Conservative Benches at least say that the status quo is unacceptable and that we need to do something about it. If the Opposition believe that the status quo is acceptable, they should make that clear.
Karl Turner (Kingston upon Hull East) (Lab)
What’s wrong with the Act, Jeremy?
Oral Answers to Questions
Debate between Jeremy Wright and Karl Turner(8 years, 10 months ago)
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The Attorney General
On my hon. Friend’s declaration of interest, I would simply say that nobody is perfect.
My hon. Friend raises a very serious point. There is no doubt that there have been bad examples of cross-examination in criminal trials. Let us be clear: intimidatory cross-examination is never appropriate. Defence counsel is entitled to put its case to prosecution witnesses, but it should never do so in an intimidatory way. Judges should intervene if that happens, and they now have the power to set ground rules before cross-examination takes place, which is a step forward. As my hon. Friend will be aware, we are in the process of making another huge improvement, namely the piloting of pre-recorded cross-examination for young and vulnerable witnesses, which is much better for many of them. We shall look carefully at the results of those pilots, and if they are what we hope, I am sure that my right hon. Friend the Lord Chancellor will wish to introduce the process more widely.
Karl Turner (Kingston upon Hull East) (Lab)
I thank the Attorney General for calling me last weekend to brief me on the DPP’s decision to bring criminal proceedings against Greville Janner following the review by David Perry QC. Of course, we on this side of the House welcome that decision. It allows complainants to see the allegations aired before a jury and shows that the Crown Prosecution Service’s victims’ right to review scheme, which was implemented by the former DPP, my hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer), is working as intended. I now hope that the future focus will be on ensuring that historical sex abuse cases are properly funded, so will the Attorney General give a commitment to the £50 million of extra funding that the current DPP says she desperately needs to prosecute such cases?
The Attorney General
I am grateful to the hon. Gentleman for his opening remarks, but I shall start with his last point. On the upcoming spending round, he will understand that my hon. and learned Friend the Solicitor General and I will do our very best to make sure that the CPS receives the funding it needs. We should pay tribute to the way in which the CPS has made necessary savings and still maintained a good service on the front line.
On the hon. Gentleman’s first point, he knows that it would be wholly wrong for me to say anything at all about the individual case of the noble Lord Janner. In any event, it would not be right for me to do so because, as the hon. Gentleman knows, the protocols for Law Officers are clear: we are not engaged in the detail of any potential prosecution against a parliamentarian.
Let me say this as a more general point: it is vital that our system has independent prosecutors—prosecutors who are independent of us as politicians—who make these difficult judgments. We should stand behind them when they do so, and the victims’ right to review, which the hon. and learned Member for Holborn and St Pancras introduced during his time as DPP, is a positive step to enable victims to challenge those decisions and, where appropriate, for those decisions to be changed. It seems to me that that system worked as it was designed to work in this case.
Oral Answers to Questions
Debate between Jeremy Wright and Karl Turner(9 years, 1 month ago)
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The Attorney-General
I certainly think that the judgments of the Court in Strasbourg will be looked at by our courts in the circumstances that my hon. Friend describes, and that they will no doubt take note of some of them. I do not think it right, however, that the courts in this country should be obliged to take account of the judgments of the Strasbourg Court, and that is what we would change. It is perfectly reasonable for the courts in this country to look at judgments not only from Europe but from other jurisdictions, but it should not be obligatory for them to do so, and that is what we would change.
Karl Turner (Kingston upon Hull East) (Lab)
We need clarification on this point, because the Government’s position on human rights is chaotic. We know that the Law Officers are at loggerheads on this issue, and that the very sensible former Attorney-General, the right hon. and learned Member for Beaconsfield (Mr Grieve), was sacked in the Prime Minister’s massacre of the moderates because of his “poor” human rights stance. The Minister knows, however, that the European Court declares more than 98% of claims against the UK to be without merit, so why will he not celebrate the excellent Human Rights Act and commend Strasbourg for its common-sense decisions in most of those cases?
The Attorney-General
The hon. Gentleman seems to be inviting me to accept that it is fine to have a power that one should not have, so long as one does not use it all the time. That is simply not the position that we should be in. He is, of course, right to suggest that this is an important subject, and it will be an important subject in 44 days’ time when the British people will make a judgment on it. It would be useful to know whether Labour is utterly content with the state of human rights law in this country and would make no changes to it whatever. If that is Labour’s view, as it seems to be, the public need to understand that, come election day.
Oral Answers to Questions
Debate between Jeremy Wright and Karl Turner(9 years, 2 months ago)
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Karl Turner (Kingston upon Hull East) (Lab)
I welcome what the Attorney-General says, but the Director of Public Prosecutions has been to him on bended knee, begging for £50 million so that she can prosecute serious cases. Has he asked the Chancellor for that emergency funding—and if not, why not? If he has asked the Chancellor, what did he say about helping to plug the funding gap caused by the ill thought through cuts to the Crown Prosecution Service?
The Attorney-General
I do not think that the cuts to the Crown Prosecution Service have been ill thought through. They have certainly been significant, as I am afraid they had to be, given the huge economic mess we inherited when the hon. Gentleman’s party left office. We had to take those decisions, but I think that the Crown Prosecution Service has managed the reductions in its budget extremely well. It has not decided—I think that he would support this approach—not to prosecute cases where it thinks that it is appropriate to do so. However, we must recognise—the DPP recognises this in what she is saying—that there has no doubt been an increase in the number of complex and difficult historical sex abuse cases. We are talking with the Treasury about exactly that, and I am sure that it will understand the case we are making.
Oral Answers to Questions
Debate between Jeremy Wright and Karl Turner(10 years, 6 months ago)
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Karl Turner (Kingston upon Hull East) (Lab)
10. When he expects to put out to tender contracts for privatising probation.
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
On 19 September, the Ministry of Justice launched the transforming rehabilitation competition. It will be open to organisations from the private and voluntary and community sectors, as well as those who are currently working in probation trusts, to bid for contracts for the 21 community rehabilitation companies that will be responsible for supervising and rehabilitating low and medium-risk offenders each year. The competition will continue during 2014, and contracts will be awarded and mobilised by 2015.
Karl Turner
Does the Minister accept that the Offender Management Act 2007 was about probation trusts commissioning services locally, rather than about the abolition of local probation trusts and the commissioning of services from Whitehall, which is what he is now proposing?
Jeremy Wright
No. I have the Act in front of me, and section 3(2) states:
“The Secretary of State may make contractual or other arrangements with any other person for the making of the probation provision.”
The Act means what it says. If the hon. Gentleman believes that the last Government passed legislation that they did not intend to pass, no doubt he will want to take that up with the former Ministers in his own party who were responsible.
Criminal Legal Aid Reforms
Debate between Jeremy Wright and Karl Turner(10 years, 8 months ago)
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Jeremy Wright
My hon. Friend makes an interesting point in relation to settlement. Again, if he will forgive me for now, I will write to him about it, because it is not something that I can go into in the two minutes I have left. Nevertheless, he is right to make the point, and we will certainly explore it—
Jeremy Wright
I hope that the hon. Gentleman will forgive me, but I would rather not give way to him; I want to deal with the point about price-competitive tendering that he referred to. Obviously, it is a crucial question. Should we deal with legal aid reform in that way? I am sure he is aware that as recently as last year, the hon. Member for Hammersmith was still saying that there was no reason not to do price-competitive tendering in legal aid, and that he said that he had seen nothing in the past two years to say why we should not press ahead with it. The hon. Gentleman may want to speak to the hon. Member for Hammersmith about whether price-competitive tendering is a deeply flawed concept that could never work.
However, the hon. Member for Kingston upon Hull East will also know that we are considering a range of submissions—we will also consider his submission—and that the Government will respond to the consultation that we have held. In addition, he knows that there will be a further period of consultation on some of the proposals. I hope that he will be a little more patient and see what those responses entail, because we will want to consider carefully a number of things and to decide what our response to them should be. He will forgive me if I cannot give him a sneak preview today, but he will not have to be patient for very much longer to see how we intend to respond.
There are crucial points to be considered—they have been raised again in this debate today—about the nature of rural areas and the advice to be provided to people there. As I say, hon. Friends and hon. Members have made those points, and they have been listened to and understood. Similarly, the point was made about Welsh language requirements. Any contracts that are issued will include a requirement that Welsh language services be provided. That is the law and that is as it should be.
Again, I stress that this process is an opportunity for people to contribute their views about what we have set out. With our legal aid reforms, the intention is to do two things: first, to address the real financial challenge that we face; and secondly, to reinforce public confidence in what is a very important system of providing taxpayer-funded subsidy to those who need it in our courts. Our proposals have those twin objectives. We will listen to the submissions that have been made to us, but in the end those objectives are what we seek to achieve.