Oral Answers to Questions

Debate between Jim Shannon and Dominic Grieve

Tuesday 13th May 2014 Commons Chamber

[The Attorney-General]

I fully understand my hon. Friend’s concerns. She will appreciate that, in the first instance, this is a matter for investigation by the Metropolitan police, not the CPS, which, obviously, has no investigative capacity. Should the matter come to the CPS, it will indeed be considered on a case-by-case basis. She will be aware that when this matter has been before the House in the past, it has been pointed out that the essential ingredient is that a doctor has to act in good faith in the advice and opinion they give. If there is evidence that a doctor has not acted in good faith, that will clearly be one of the important evidential components taken into account when deciding whether any prosecution should be brought.

[Jim Shannon (Strangford) (DUP)]

Accounts of abortion on the grounds of gender are of increasing concern to many in this House. Will the Attorney-General confirm that the strongest sanction possible will be brought against individuals, whoever they may be, who are implementing abortion on the grounds of gender?

[The Attorney-General]

I fully understand the hon. Gentleman’s concerns. I want to make it clear—as, indeed, I have made clear in the past—that, on abortion on the grounds of gender, we have to look at the question of the good faith involved in allowing such a thing to take place. The tests have been well explained by the previous DPP and any case in England and Wales would be viewed according to them. To make the position clear: abortion on demand, as it is sometimes described, is not provided for by the Abortion Act 1967.

John Downey

Debate between Jim Shannon and Dominic Grieve

Wednesday 26th February 2014 Commons Chamber

[The Attorney-General]

I have to say to my hon. Friend that, in any event, it is a decision that has been made by the Crown Prosecution Service and me. I have explained the reasoning behind it, and I believe that our decision is the correct one.

[Jim Shannon (Strangford) (DUP)]

There is palpable anger and concern about the decision to give John Downey freedom as a result of that letter, and it poses many questions. Four young Ulster Defence Regiment men were killed in Ballydugan in Downpatrick. Eight people were arrested and questioned, then freed. The three IRA men who killed Kenneth Smyth, a sergeant in the UDR, and his best friend, Danny McCormick, in December 1973 have never been tried. An IRA man killed Lexie Cummings in Strabane, and I secured an Adjournment debate on the matter in the Chamber, which was attended by my good friend, my right hon. Friend the Member for Belfast North (Mr Dodds). A former Minister of State replied to it, and referred to the HET inquiry. The question is whether the HET even knew that someone was on the run.

From Strabane to Ballywalter, for both Protestants and Roman Catholics, the anger is real and makes us all wonder just how many of those involved in these murder cases that I have mentioned and others wander around with a bit of paper, which is their passport to freedom, while families and loved ones grieve. Will the HET and the PSNI be given the details of 200 names for inquiries that they have yet to carry out?

[The Attorney-General]

The starting point, I think, will be the inquiry carried out by the PSNI and the ombudsman. I hope that that will enable the facts to be established, and will enable some reassurance to be provided—or not, as the case may be—as to whether there are other examples of errors that have been made in these cases. I come back to the point that, on the basis that there were no other errors made, it is quite clear to me that no individual has acquired any immunity from being proceeded against for crimes that they might have committed during the course of the troubles.

Abortion Act

Debate between Jim Shannon and Dominic Grieve

Wednesday 9th October 2013 Westminster Hall

[The Attorney-General]

I think my hon. Friend might misunderstand. We can have a long moral and ethical debate about the workings of the 1967 Act, as we have had in Parliament—I dare say that many in the room will express different views on the Act and all sorts of connected aspects—but that would be about an issue of policy. The question I am dealing with in this debate is whether, within the framework of what was intended by the 1967 Act, it is possible to enforce the law as Parliament intended it to be. I hope I will be able to develop that thought in a moment.

My hon. Friend the Member for Gainsborough asked about the statistics on those prosecuted under the 1967 Act. Since 2010, there have been 25 prosecutions, and he is right that none has been of medial professionals for failure to observe the terms of the 1967 Act.

[Jim Shannon]

As I asked the shadow Attorney-General, in light of the disquiet expressed by Members today and the disquiet outside the House, would the Attorney-General agree to a review of the case?

[The Attorney-General]

So far as this case is concerned, the decision is that of the CPS. For me to overturn or review somebody else’s decision in a case in which the decision does not fall on me would be wrongful interference in the independence of the prosecution and its discretion. As far as I am concerned, the function I have has been performed, in that there has been a review by the DPP of his decision and he has been able to explain it fully in the explanation he has provided. As I have already indicated, I do not consider anything to be in any way improper or unreasonable in that explanation or in how he has approached the matter. If the hon. Gentleman will let me develop my argument, he may understand why that is the case in a moment.

The question in this case is not about proving whether gender-specific abortion was being offered on demand. It was about whether the doctors had done what the law requires, which is to reach an opinion in good faith about the consequences for the patient of continuing with or terminating a pregnancy. I appreciate that abortion gives rise to strong views based on ethical and philosophical differences, and I have no doubt that it will continue to be the subject of much public debate, but the issue for the prosecutor is the law as it stands.

Oral Answers to Questions

Debate between Jim Shannon and Dominic Grieve

Tuesday 20th March 2012 Commons Chamber

[The Attorney-General]

In human affairs, achieving the complete elimination of all disparities might be rather difficult, but more could certainly be done to reduce them, and that is what we are striving to do. I will go away and check whether we can draw any specific conclusions from the process. Clearly, if people overburden themselves it will take up more time, and it could lead to a case not being properly presented, because the amount of material involved could hamper the presentation of the prosecution. I am afraid that I am not in a position to tell the hon. Gentleman whether statistics can show that the problem is leading to cases failing when they might otherwise have succeeded, for example—but it is clearly undesirable, and we must do what we can to help the police to make their lives easier.

[Jim Shannon (Strangford) (DUP)]

5. What recent progress he has made in increasing the rate of prosecutions for domestic violence.

Oral Answers to Questions

Debate between Jim Shannon and Dominic Grieve

Tuesday 24th May 2011 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

In parts of the United Kingdom, there is widespread organised criminal activity. During the comprehensive spending review, what assurance can the Minister give us that those involved will not be able to gain yet more from their illegal and ill-gotten deeds and activities?

[The Attorney-General]

The hon. Gentleman makes a very important point, perhaps missed by other questioners —that there are different kinds of economic crimes, some of which move into serious organised crime as well. That is why it is so important for the Government to give this matter a high priority. As I said to the hon. Member for Newcastle upon Tyne North (Catherine McKinnell), that is precisely why my right hon. Friend the Home Secretary and others, as well as me, have been focusing on how to deliver the best outcome to cover the sort of thing that the hon. Member for Strangford (Jim Shannon) has spoken about, while also ensuring that the financial end of serious crime is tackled correctly. I am very confident that we are going to come up with the right solutions.