UK Military Action in Iraq: Declassified Documents

Karl Turner Excerpts
Wednesday 13th December 2023

(5 months, 1 week ago)

Westminster Hall
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Karl Turner Portrait Karl Turner (Kingston upon Hull East) (Lab)
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It is a pleasure, as always, to serve under you in the Chair, Mr Dowd. It is also a great pleasure to welcome to his place the new Solicitor General, the hon. Member for Witney (Robert Courts). We are both relatively new to our roles, although I have had the benefit of this being, I think, my second tour in this particular circuit. I am sure that the tone of our debate will remain as thoughtful and constructive as that which was maintained by the previous occupants of our roles—just as it has been today—and I look forward to those debates in the weeks and months ahead.

I commend the hon. Member for Kirkcaldy and Cowdenbeath (Neale Hanvey) on his determination in securing this debate. I know that he has previously made attempts at securing urgent questions on this important issue, and no one can doubt the sincerity of the concerns that have led the hon. Gentleman to pursuing this matter and securing this debate. Whether or not we reach the same conclusions, I applaud and commend him for his persistence in raising this issue.

The hon. Member for Kirkcaldy and Cowdenbeath argues, powerfully, that there is a through line from the discussions that took place within Tony Blair’s Government in 1998 over the decision to carry out airstrikes against military assets in Iraq, without authorisation from the United Nations, and the decision, five years later, to take military action against Saddam Hussein. The contention is that that decision in 1998 paved the way for the decision in 2003 and that, despite the 12 volumes and more than 2.5 million words of the Chilcot report, we cannot fully understand the process that led to the 2003 decision until the 1998 decision is subject to the same level of scrutiny, including the release of all outstanding papers on the issue.

Let me say that I understand the point that the hon. Member for Kirkcaldy and Cowdenbeath is making. As I have said already, I do not doubt the sincerity of the concerns that lie behind his campaign on this matter. It is worth saying, however, that there is another, more immediate throughline from the decision taken in respect of Iraq in 1998, which was the decision taken by Tony Blair and Bill Clinton just a year later in respect of the intervention in Kosovo.

There again, a UN resolution in favour of action could not be achieved because of the permanent Russian veto; there again, as we will surely discover when the relevant papers are released, there were debates both inside and outside Government about the legality of acting without the cover of a UN resolution; and there again, the judgment ultimately made by Tony Blair, Bill Clinton and other NATO allies was that the air strikes they authorised against military assets were justified because of the civilian lives at threat if those assets were left intact.

People may disagree with the air strikes in Iraq in 1998. They may even disagree with the air strikes in Kosovo in 1999. But it is important to recognise that what was going on in that era was not some specific obsession with the regime change of Saddam Hussein, which would lead to the tragedy of the Iraq war in 2003, but a constant debate about whether the world could afford to wait for action from the United Nations following the tragedies of Rwanda in 1994 and Srebrenica in Bosnia in 1995.

I hear what the hon. Member for Kirkcaldy and Cowdenbeath is saying, but while he may maintain that the willingness to set aside legal concerns over the 1998 action was the precursor to what happened in Iraq in 2003, we must also remember that if that same willingness to act had not been present in 1999, we would still be talking today about how the world stood by and allowed the genocidal destruction of the Kosovan people.

Neale Hanvey Portrait Neale Hanvey
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Will the hon. Member give way?

Karl Turner Portrait Karl Turner
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I will not, if the hon. Gentleman does not mind, because I want the Minister to have the full opportunity to respond to him.

The final point I want to make relates specifically to the issue of which documents have been published in relation to the 1998 action and which are still being withheld from publication. I have no knowledge of how those decisions were arrived at, but I would urge a bit of caution before we leap to any conclusions or encourage any theories that already exist out there about what the still-unpublished papers may or may not contain. In my experience, when officials—in whichever Department it is—sit down and sort through these documents, and decide what to publish and what to withhold, they are always rather more concerned with what precedents will be set for the future and whether there are any security implications for individuals still alive in the present, and rather less concerned with what revelations will emerge about the past.

Personally, I am in favour of maximum transparency wherever possible. I am also in favour of Government Departments being clear about the broad reasons for their decisions when they feel obliged to hold material back from publication. If there are any more concrete reasons that can be provided today as to why the particular papers at issue have not so far been published, then I would welcome that too. That is not because I think there is any great mystery being covered up, but precisely because I think the opposite is true and the Government could dispel a lot of unnecessary and ill-founded speculation if they were clearer about the broad reasons why some material is withheld. If that were to be one positive outcome from this debate, I would welcome it. Another would be to recognise that what motivated much of the action during that period in history was not the desire for regime change in Baghdad, but a compulsion that many leaders rightly felt not to repeat the grave mistakes of Bosnia and Rwanda.

Finally, I offer my sincere commiserations to the loved ones of those military personnel and civilians who lost their lives in these terrible and tragic conflicts.

Oral Answers to Questions

Karl Turner Excerpts
Wednesday 1st February 2023

(1 year, 3 months ago)

Commons Chamber
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Michael Tomlinson Portrait The Solicitor General
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I am grateful to my hon. Friend for her interest in this important area. The CPS has launched a new online guide for victims, ensuring that they have access to the necessary information. She is right that accessible information is the key to supporting victims and ensuring that they can navigate the criminal justice system.

Karl Turner Portrait Karl Turner (Kingston upon Hull East) (Lab)
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The Solicitor General will be aware that victims of crime are being badly let down, waiting months and years for their cases to come to court. That problem is being exacerbated by the fact that there is now a disparity between criminal defence barristers’ pay and that of prosecution barristers. What does he intend to do to right that wrong and put victims first?

Michael Tomlinson Portrait The Solicitor General
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The hon. Gentleman is right to say that we should be putting victims first, and indeed we are doing so. On his specific question, the Treasury has agreed to consider the CPS funding position following publication of the criminal legal aid independent review—a report that he will know about. Discussions regarding fees and funding are ongoing, but I fully support him in putting victims first and ensuring that those cases are brought on as quickly as possible.

Crown Prosecution Service: Funding

Karl Turner Excerpts
Wednesday 11th January 2017

(7 years, 4 months ago)

Westminster Hall
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David Hanson Portrait Mr David Hanson (in the Chair)
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The previous debate finished a couple of minutes early, but as the proposer of the next debate and the Minister are both present, if Members are content, we will commence the debate.

Karl Turner Portrait Karl Turner (Kingston upon Hull East) (Lab)
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I beg to move,

That this House has considered the funding of the Crown Prosecution Service.

It is always a pleasure to serve under your chairmanship, Mr Hanson. Before I begin, I must declare my interests. I am a member of Wilberforce barristers’ chambers in Hull, but am not currently practising. My wife is a criminal duty solicitor with Williamsons Solicitors in Hull, and she is also a part-time judge. I thank the Criminal Law Solicitors Association, the London Criminal Courts Solicitors Association, the Bar Council and the Law Society for contacting me regarding this debate, and for very helpfully providing me with information, which I think will benefit this House.

Expenditure on the Crown Prosecution Service has been reduced significantly from £672 million per annum in 2009-10 to £487 million in 2015. That is a reduction of a massive £185 million per year. At the same time, the number of cases brought to magistrates courts is down from approximately 641,000 to 539,000. On the finances of the CPS, I understand that since 2010, some £83 million has been spent on redundancies, with £20 million of that spent on only 153 staff, or upwards of £131,000 per—senior, I suspect—member of staff.

What has been the effect on cases? The effect has been significant: there is a staggering 23% increase in vacated trials—cases that are due to go to trial but, probably on the day of trial at Crown court, are vacated for whatever reason. In my submission, the reason is often that the CPS is not prepared or ready. In my area of Humberside, 55% of cases are vacated, according to the Public Accounts Committee inquiry of May 2016; the lowest proportion of vacated trials was 11%, in Cleveland.

Alex Chalk Portrait Alex Chalk (Cheltenham) (Con)
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The hon. Gentleman is making a powerful speech. I refer the House to my declaration in the Register of Members’ Financial Interests. Is it not right that whether the CPS is ready at trial is down to several factors, and not only funding? In fact, the CPS’s ability to be ready at trial and to perform well has improved over recent years, in spite of funding not having gone up, as he rightly pointed out.

Karl Turner Portrait Karl Turner
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I will read out a whole load of stats and talk about what is happening in the profession in the real world—about what lawyers and solicitors from the defence, and barristers who prosecute and defend, are saying is really happening. The hon. Gentleman wants to pretend that everything in the garden is rosy. Good luck to him, but I have to disagree. I know what is happening, not least because my wife is a defence solicitor in Hull and experiences the pressure on CPS lawyers day in, day out—although at the moment she is on maternity leave. Only today I was contacted by members of the profession, and they described a scenario in which a caseworker burst into tears when sitting in the Crown court behind counsel. If the hon. Gentleman thinks that things are rosy, he is mistaken.

David Burrowes Portrait Mr David Burrowes (Enfield, Southgate) (Con)
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Similarly, I declare an interest: I am still a defence solicitor, and if I catch your eye later, Mr Hanson, I will speak about my experiences. I will probably share similar experiences to those of the hon. Gentleman. He does angry well and quickly, but he was actually asked a genuine question on clarifying the stats. There are lots of reasons to vacate trials, and they can involve issues beyond funding-related prosecution preparedness; that was what the question was about.

Karl Turner Portrait Karl Turner
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The hon. Gentleman is of course right, but I was less than two minutes into my remarks when the hon. Member for Cheltenham (Alex Chalk) intervened. If I am allowed to, I will come on to clarify the points being made by the Government Back Benchers.

Nick Thomas-Symonds Portrait Nick Thomas-Symonds (Torfaen) (Lab)
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I refer the Chamber to my entry in the register. The statistic is this: in 2014-15, the Crown Prosecution Service spent £21.5 million preparing cases not heard in court; of that, only £5.5 million can be attributed to factors not within CPS control.

Karl Turner Portrait Karl Turner
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My hon. Friend is absolutely right. I will make that point myself. Excluding guilty pleas, conviction rates in magistrates courts and Crown courts are significantly down, despite the headline figure of an 80% conviction rate. I think the conviction rate in magistrates courts is about 50%, and in Crown courts it is about 25%, excluding guilty pleas. Since 2010, CPS staff numbers have fallen by a whopping 2,400. The CPS is suffering a brain drain and haemorrhaging experienced in-house lawyers, who leave for independent practice, or simply take the money and run.

On a serious note, I mentioned a caseworker bursting into tears in open court, clearly because of the pressure. I am told that the stress levels at the CPS are seriously high. Interestingly, a 2012 LawCare survey of the law profession revealed that more than 50% of the legal profession generally felt stressed, and that 19% were suffering from clinical depression, with more than one fifth of the profession suffering from mostly avoidable and preventable mental ill health. Stress at the CPS must be off the scale, particularly considering a recent Law Society survey in which 95% of respondents said that they were stressed at work.

Furthermore, in May 2016 the Public Accounts Committee inquiry found that

“The criminal justice system is close to breaking point.”

According to the National Audit Office report of March 2016, “Efficiency in the criminal justice system”, the number of cases outstanding in Crown courts had increased by 34% since 2013, and the waiting time for a Crown court case to be heard had increased from an average of 99 days to 134 days—an increase of about 35%.

In 2014-15, the Crown Prosecution Service spent £21.5 million preparing cases that were not heard, as the shadow Solicitor General, my hon. Friend the Member for Torfaen (Nick Thomas-Symonds), helpfully said. What has happened to those cases and the £21.5 million? If memory serves, it costs just shy of £1,000 to prepare a case for Crown court—the CPS says that being trial-ready costs it about £1,000—and £21.5 million has been spent on preparing cases that got nowhere. One must assume that the evidential test had been passed, and that the CPS reviewing lawyer had determined that there was enough evidence—that is, on balance, more evidence than not, and a more than 50% chance of a successful prosecution—and that it was in the public interest to prosecute that case. Twenty-five million quid was spent on preparing cases that went nowhere. The Solicitor General might be able to correct me and clear the matter up, but I assume that that is down to cases coming to nothing. In the magistrates court or, worse still, the Crown court, perhaps the CPS lawyer just gives in for whatever reason. I do not know; I am guessing. I have no idea.

Robert Buckland Portrait The Solicitor General (Robert Buckland)
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I am anxious to answer as many questions as possible. In the Crown court, cracked and ineffective trials that have not gone ahead for prosecution reasons have, as a proportion, fallen to only 13.5%. That proportion of the total is falling; it is important to bear that in mind when looking at the overall context. I hope that helps the hon. Gentleman.

Karl Turner Portrait Karl Turner
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That is a fair point, but nevertheless £21.5 million is a staggering amount of money to be spent by the CPS on preparing cases for trial only for them not to come to anything. It is easy to mention such figures, but we must have some thought and regard for the victims in the cases, who will be anxious for the case to make progress and to have their opportunity to give evidence for the prosecution, and desperate to find out what happens in the trial. In my submission, the victims suffer the most from all that. [Interruption.] I will not give way, because I have been notified by the Attorney General’s office that some Government Back Benchers have indicated a wish to make a speech in the debate.

Interestingly, Her Majesty’s Crown Prosecution Service inspectorate found that charging decisions were not correct in 18.2% of cases. There is clearly a problem between the police, who are either, in cases where they are authorised to charge a case without referring it to the CPS, authorising charges that they perhaps ought not to and probably not getting advice from a CPS lawyer, or—I say this carefully—perhaps not giving the full information to the CPS reviewing lawyer.

It would not be fair if I did not say that I have the highest possible regard for CPS lawyers individually. Prior to my election to the House, I prosecuted for a fair while from chambers, and I found that CPS caseworkers and lawyers had the highest professionalism. They were committed and extremely capable individuals who cared a great deal about the job they did. I pay tribute to each and every one of those CPS lawyers, who are under incredible pressure. I also pay tribute to the Director of Public Prosecutions, Alison Saunders, whom I know personally. When I was shadow Solicitor General and shadow Attorney General, I met her on a good number of occasions, and I know that the Solicitor General meets her regularly, too. I find the DPP very professional, extremely impressive and extremely committed to the task in hand. Unfortunately, she is under considerable pressure, but she does the very best in difficult circumstances.

The decisions that I referred to should have been reviewed by a Crown prosecutor prior to the charge being authorised, but—this is a staggering figure—in 38.4% of cases, decisions were not reviewed before the case was first heard at a magistrates court. Prior to being elected to this place, I practised as a junior. I was the one who prosecuted for the CPS. Before my next day in the magistrates court, if I was lucky—sometimes it was on the morning—my clerk would give me a big, black CPS bag containing files for the next morning. I would go home and prepare 10, 12 or 15 files for trial. It would often take me through the night. All night long, I would drink large quantities—[Interruption] —of coffee, the Solicitor General will be rather relieved to know.

I would go into the courtroom the following morning to find that witnesses were not there, police officers were not available, shift patterns had changed all of a sudden, reviewing lawyers were unavailable, and the caseworkers who were available on the end of the telephone were not in a position to make any decisions. The defence, who were keen to crack the case and put it to bed, might offer me a section 5 public order offence, rather than the section 4 offence that had been charged. I would read the file and think that whoever had authorised the section 4 charge had been optimistic, to say the least, and would want to drop it in preference for a section 5 charge, which would be easy enough to get home and get a conviction for, but no lawyer would be available for me to speak to.

That was then. I have not been in a magistrates court to prosecute—I have recently been in one in a pro bono matter—since 2010. Things were bad enough then, but they are getting worse. Things are much worse now than when I was on my feet in magistrates courts before I left Wilberforce chambers in April 2010.

Some 38.4% of cases are not reviewed before they first come before the magistrates court. In reality, that means that if the prosecuting lawyer has been really lucky, they open their file and they have their witnesses ready, they have interviewed them individually, they have checked that what the police say in their statement is what they are about to give as evidence and is correct, and they are ready to crack on. But then they find that things are not quite right. The charge is probably not correct, in truth. Whoever has reviewed it probably has not done so very well, or things have been kept from the reviewing lawyer that are particularly important to their charging decision. The fact that 38% of cases are not reviewed means that when a prosecuting lawyer goes in to prepare cases for trial, nearly half of them will not even have been reviewed by a CPS lawyer. They have one arm very definitely tied behind their back.

I have kept Members long enough, but given that Government Members will say that everything is great, I want to talk about what the profession says—what individuals at the Bar say about their experience in the CPS. It would not be right for me to name people, but this is from an experienced CPS prosecutor of 30 years’ call:

“CPS hesitate to instruct QCs to prosecute even murders. Very serious, high publicity, or multiple murders will get a Silk prosecuting; otherwise not. The decision tree is on the CPS website”,

which I helpfully have in front of me. He continues:

“As a fairly senior junior barrister…I have over the last 5 years prosecuted some 12 murder cases. I have done this as single counsel. About 8 of those have been prosecuting against QC and a junior. One was of two defendants both with QC”

and their respective juniors. The CPS provided him with a CPS lawyer—a higher court advocate—in that case. He was against two silks, effectively—two Queen’s counsel —with their own juniors. I am talking about a junior not of the level I was at prior to coming into this place but of probably 20 years’ call, who has prosecuted and defended for an awfully long time and has a great deal of experience of being junior to leading counsel, and of prosecuting a murder on his own without leading counsel.

That CPS prosecutor says that, in contrast, judges

“have some influence on Defence getting a QC, and will say in open court ‘This being a murder case the Defendant should’”—

the judge of course is right—

“‘have leading counsel’ and the legal aid is then likely to be extended to cover that.”

In that scenario of a double-handed case with two defendants, why should the victim, whose loved one has allegedly been murdered, have counsel bringing the case for the prosecution against two leading counsel and two junior counsel? How does the victim feel in that scenario?

I hope it will not annoy you too much, Mr Hanson, if I talk briefly about some other cases that have been mentioned to me.

David Hanson Portrait Mr David Hanson (in the Chair)
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Order. Before the hon. Gentleman continues, I remind the House that the debate will finish at 5.30 pm. The hon. Gentleman has the floor, but other Members have indicated that they wish to speak.

Karl Turner Portrait Karl Turner
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I will be as quick as I possibly can be, but it is crucial that I mention what the junior members are saying. This person says:

“I often work in the magistrates court, where matters are unfortunately often in chaos so far as prosecutions are concerned. The CPS are dealing with hundreds of cases, often of a domestic violence nature and many of which are doomed from the start because Complainants had told the police in terms either that they won’t be coming or for which no statement has even been taken.”

He or she goes on to say:

“They do not appear to have such resources, either for these sorts of cases or indeed others.”

It is chaotic in the magistrates court. Another lawyer emailed me to say:

“The problem is not just money”—

the point made by the hon. Member for Cheltenham—

“it is doctrine, dogma and management double speak. I get six cases to prosecute in the magistrates at 4pm the afternoon before”

the case is due to be aired in court. He or she continues:

“Each of those cases will be defended by a separate lawyer who only has that one case to deal with. The hearing record sheets”

are not there, and all sorts of things are missing from the files. It is utterly chaotic.

I have got a huge number of cases that I could read out, Mr Hanson, but I will not annoy you by doing that. I want to give other Members an opportunity to tell us, if indeed they want to, that everything is rosy in the garden, despite the fact that £185 million per annum has been cut from the CPS budget.

David Hanson Portrait Mr David Hanson (in the Chair)
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The hon. Member for Kingston upon Hull East (Karl Turner) was entitled to speak for as long as he wished, but we now have a limited time before I have to call the Front-Bench Members. I hope that Members can self-regulate on these matters.

--- Later in debate ---
Alex Chalk Portrait Alex Chalk (Cheltenham) (Con)
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I was not planning on speaking, but having heard some of the remarks that have been made, I thought I would briefly volunteer a few thoughts of my own.

Karl Turner Portrait Karl Turner
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I am surprised to hear that the hon. Gentleman did not intend to speak. I received an email that said he intended to do so.

Alex Chalk Portrait Alex Chalk
- Hansard - - - Excerpts

First, by way of background, like the hon. Gentleman, I worked through the night to prepare long lists for the CPS, from 2002 to 2005. I went around the courts in Hertfordshire—going to the magistrates court and the Crown court, prosecuting and defending cases involving everything from rape to murder to terrorism offences.

I take this opportunity to agree with the hon. Gentleman that the calibre of some of the prosecutors and caseworkers in our Crown Prosecution Service is very high and stands up to comparison with any other prosecuting authority anywhere in the world. One thing I found disappointing was that prosecutors or caseworkers who were exceptionally conscientious or hardworking did not seem to get advancement any faster than people who were not quite as attentive. I thought that was a little unfair.

I agree with the hon. Gentleman on equality of arms. It is vital, particularly when dealing with a serious case, that the prosecution is able to show that there is equality of arms. It is therefore absolutely right, in a serious case, that silk should be instructed if they are up against silk. Where I begin to part company with the hon. Gentleman is on his bald assertion—made with the best of intentions, I accept—that everything can be attributable to funding.

Karl Turner Portrait Karl Turner
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I did not say it is.

Alex Chalk Portrait Alex Chalk
- Hansard - - - Excerpts

Well, one might be forgiven for thinking that that was part of the assertion. If one looks at the figures from 2010, although the hon. Gentleman is absolutely right that there has been a decline, I am afraid it is wrong to suggest somehow that there were no problems previously but there are now.

From my experience when I was in court, all too often the reason cases cracked, if there was a problem with the prosecution, was system failure. For example, if witnesses had not been warned, if dates to avoid had not been provided or if disclosure had not been served. Those were systematic failings. My hon. Friend the Member for Enfield, Southgate (Mr Burrowes) correctly made the point that systematic change can sometimes be as significant as financial change. The changes we are seeing to the digital case system are causing such an important step change in the quality of the prosecuting service that, for example, when one turns up at the Crown court, one can immediately see on the system that a disclosure has taken place. It provides for that in a far more efficient way.

Karl Turner Portrait Karl Turner
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Does the hon. Gentleman think that those “systematic failings”, as he puts it, are getting better because the CPS is experiencing a £185 million a year cut to its funds?

Alex Chalk Portrait Alex Chalk
- Hansard - - - Excerpts

Let me make it crystal clear: of course I would like to see more funding for the CPS. There is no question about that. However, I take slight issue with the blandishment that if we simply put in the money that has been taken out, everything would be improved. The reality is that, unless we reform the system to make it more efficient, we will be throwing money at the situation and not taking a sensible, radical and reform-minded approach. The simple point I make is that, where we are making real progress as a country, and where the CPS, through its diligent prosecutors and caseworkers, is able to make a difference, is through systematic changes such as those to the digital case system, which are achieving a step change and improvement in quality. That point is worth making.

The hon. Gentleman also rightly praised that excellent public servant, Alison Saunders. In that vein, is it not worth listening very carefully to what she herself said? She came before the Justice Committee, and I think it was I who asked—by the way, I have no difficulties with asking an open question to get an answer that might be unhelpful to the Government—if the CPS has enough money. I would have been perfectly prepared for her to say, “No, it’s hopeless; we’re going to hell in a handbasket and something has to be sorted out”, but her response was:

“Yes, we think we do, particularly now that we have the CSR settlement. I am not saying that it is easy; let me say that first. Over the last five years, our budget has reduced by 23% or so.”

She went on to talk about the sensible and pragmatic steps that have been taken, but she answered that question in the affirmative. On a subsequent occasion, she indicated she fully agreed with this CPS comment:

“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.”

One cannot have it both ways by saying she is a fantastic public servant—which she is, by the way—and ignoring what she says.

I respectfully and completely agree with the hon. Gentleman’s intentions. He wants an excellent Crown Prosecution Service. I do, too. He values excellent Crown prosecutors. I do, too. Equally, however, we have to look at this in a sophisticated way, not simply through the blunt instrument of funding. I believe, broadly speaking, that we are on the right track. We have excellent public servants; we should allow them to get on with their job.

Ranil Jayawardena Portrait Mr Ranil Jayawardena (North East Hampshire) (Con)
- Hansard - - - Excerpts

First, I should say that my wife is a non-practising solicitor. For the avoidance of doubt, that is my declaration of interest.

I recently met the chief Crown prosecutor for Wessex, Kate Brown, who is based in Hampshire. She and I discussed the “CPS 2020” plan. It seems to me that it is a clear plan to continuously improve the way the CPS works—those are its own words. I must say to the hon. Member for Kingston upon Hull East (Karl Turner) that the picture he paints is certainly not the whole story. It may be one side of the story; it is more likely part of the story from a particular perspective. While I respect his views and experience, in the interest of fairness, it is important that some of the successes of the CPS are also placed on the record in the short time available.

For instance—I have different statistics from the hon. Gentleman—net annual expenditure since 2011-12 is down £101 million. Yes, a reduction in expenditure has led to a 27% reduction in headcount from that date, but convictions remain steady at around 83%. Some £84 million has been put back into public funds through the proceeds of crime being recovered, even though, owing to the way the criminal justice system has evolved, there is a shifting case load.

There are now 28% more sexual offence cases and 23% more fraud and forgery cases than five years ago. How? Because the CPS has changed the way it works. It is building stronger cases from the start and encouraging more early and appropriate guilty pleas. Some 76% of pleas are now guilty, up from 69% in 2011-12. While Crown court cases remain steady at around 100,000 cases per annum, there has been a 36% reduction in magistrates court cases. The way the CPS works is changing to deliver the right outcomes for citizens across the country.

Karl Turner Portrait Karl Turner
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Will the hon. Gentleman give way?

Ranil Jayawardena Portrait Mr Jayawardena
- Hansard - - - Excerpts

I am afraid, in the interest of time, I cannot. As the CPS put it, it will deliver an efficient operating model through

“digitisation”—

which has been referred to—

“Better Case Management and Transforming Summary Justice.”

Digitisation alone will potentially save more than 5% of the £3.3 million cost of paper and couriers. That is one small element of the savings that can be made in the CPS budget.

The CPS budget is constantly reviewed, which is important. When the Attorney General was asked about that, he made it clear that he has regular discussions with the Director of Public Prosecutions, but that she and he

“both believe that the spending review settlement enables the CPS to respond effectively”.—[Official Report, 14 January 2016; Vol. 604, c. 978.]

I think that sums it up. It is clear, if we look at those statistics and at the “CPS 2020” plan—which is the CPS’s document, not this Government’s—that the CPS’s funding should be reviewed, as it always is, but that more importantly, it is delivering for the needs of decent people across this country who want to see justice done.

--- Later in debate ---
Karl Turner Portrait Karl Turner
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It is all very good when it works, but people are reporting to me that, sadly, it does not work and often goes wrong—very badly wrong. Cases are vacated as a result of the very thing the Solicitor General mentions.

Robert Buckland Portrait The Solicitor General
- Hansard - - - Excerpts

I am grateful to the hon. Gentleman for sharing some powerful anecdotes. I do not underplay anecdote; it certainly helped to inform me in my long career at the criminal Bar. However, the overall statistics tell the full story about what is happening across the system. There is no doubt that in the magistrates court, we are seeing an increase in efficiency. For example, guilty pleas at the first hearing in the magistrates court have increased as a proportion of total cases from just over 62% back in 2010 to over 70% in the past year. That is indicative—

Karl Turner Portrait Karl Turner
- Hansard - -

Of self-represented clients—litigants in person.

Robert Buckland Portrait The Solicitor General
- Hansard - - - Excerpts

No, it is not. It is indicative of much better preparation by the prosecution of the cases, so that when defendants appear, they face a case that has been properly put together. That is also reflected by the increase in the overall guilty plea rate, which has gone up from just under 68% to 76.3%.

The hon. Member for Kingston upon Hull East talked about inefficiency. I am pleased to tell him that average hearings per case for both guilty pleas and trials have reduced. For trials heard in the magistrates court, we are now looking at just under three days, as opposed to three and a half days or more. Compliance with judges’ orders was always an issue when it came to the Crown Prosecution Service. Hon. Members will remember “mentions”—my hon. Friend the Member for Cheltenham (Alex Chalk) will know exactly what I am talking about. I am glad to say that we have seen an increase in timely compliance with judges’ orders in the Crown court in recent years. The rate has increased to more than 80% in the last two years.

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Karl Turner Portrait Karl Turner
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I am grateful to the Solicitor General for what he has said, but I am disappointed that he has not been prepared to admit that everything is not entirely rosy in the garden at the CPS. He describes a scenario in which senior people in the CPS in his own area, who indeed instructed him—

David Hanson Portrait Mr David Hanson (in the Chair)
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Order. I am loth to stop the hon. Gentleman in full flow, but the sitting stands adjourned.

Oral Answers to Questions

Karl Turner Excerpts
Thursday 26th May 2016

(7 years, 12 months ago)

Commons Chamber
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Robert Buckland Portrait The Solicitor General
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With respect to everybody who works in the pro bono area, I do not want to detract from the important work of pro bono by pretending that it is somehow a legal aid service. It is not; it is voluntary. It is a vital part of what it is to be a lawyer. Not only does it provide a benefit for those whom it serves, but it is an important part of the career development of lawyers. The Conservative party is committed to funding our legal services, and we are spending just short of £2 billion a year on legal aid. It sits very ill for the Labour party to lecture us about the amount we spend on legal aid when it merrily cut legal aid while in office.

Karl Turner Portrait Karl Turner (Kingston upon Hull East) (Lab)
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I declare an interest in that my wife is a part-time tribunal judge and legal aid lawyer.

We all praise the work of lawyers who give up their time to offer advice and assistance, just as we praise law centres and citizens advice bureaux, but does the Minister agree that those individuals and organisations cannot possibly fill the gap left by the Legal Aid, Sentencing and Punishment of Offenders Act 2012? In April 2010, more than 470,000 people received assistance on social welfare matters. Just 12 months after LASPO, the number was down to 53,000—a drop of 90%. Will the Minister please urge the Justice Secretary to bring forward the promised review of LASPO?

Oral Answers to Questions

Karl Turner Excerpts
Thursday 25th February 2016

(8 years, 2 months ago)

Commons Chamber
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Jeremy Wright Portrait The Attorney General
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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 Portrait Karl Turner (Kingston upon Hull East) (Lab)
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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?

Jeremy Wright Portrait The Attorney General
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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

Karl Turner Excerpts
Thursday 14th January 2016

(8 years, 4 months ago)

Commons Chamber
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Jeremy Wright Portrait The Attorney General
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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 Portrait Karl Turner (Kingston upon Hull East) (Lab)
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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?

Jeremy Wright Portrait The Attorney General
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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

Karl Turner Excerpts
Thursday 26th November 2015

(8 years, 5 months ago)

Commons Chamber
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Karl Turner Portrait Karl Turner (Kingston upon Hull East) (Lab)
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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?

Jeremy Wright Portrait The Attorney General
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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

Karl Turner Excerpts
Thursday 15th October 2015

(8 years, 7 months ago)

Commons Chamber
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Jeremy Wright Portrait The Attorney General
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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 Portrait Karl Turner (Kingston upon Hull East) (Lab)
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What’s wrong with the Act, Jeremy?

John Bercow Portrait Mr Speaker
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Order. The hon. Member for Kingston upon Hull East (Karl Turner) is something of a veteran at chuntering from a sedentary position in evident disapproval of the thrust of the Government Front-Bench team’s position, but he will have his opportunity, on his feet, in due course.

Oral Answers to Questions

Karl Turner Excerpts
Thursday 2nd July 2015

(8 years, 10 months ago)

Commons Chamber
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Jeremy Wright Portrait The Attorney General
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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 Portrait Karl Turner (Kingston upon Hull East) (Lab)
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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?

Jeremy Wright Portrait The Attorney General
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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.

Crown Prosecution Service

Karl Turner Excerpts
Tuesday 23rd June 2015

(8 years, 11 months ago)

Westminster Hall
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Mike Weir Portrait Mike Weir (Angus) (SNP)
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I am pleased to be able to make a short contribution to this debate. Before being elected to the House, I was a solicitor in private practice for some 20 years, and I spent many happy hours in courtrooms defending clients. In Scotland, we have always had an independent prosecution system, unlike in England. The hon. Member for Rochdale (Simon Danczuk) made some powerful points about child abuse, but my understanding is that the CPS came into being only in 1984, so some of the earlier decisions were police, rather than CPS decisions. It may be a bit unfair to blame the CPS for all the problems. However, the collapse of some recent high-profile trials has undoubtedly done nothing for the CPS, leading to some of the criticisms against it.

I was interested in what the hon. Member for Erith and Thamesmead (Teresa Pearce) said about people appearing in court. As a solicitor, I often cross-examined witnesses, but I, too, was once a witness in a case and found it a terrifying experience. After that, I took a much more sympathetic attitude to witnesses. It is difficult for a witness to go to court, even in a relatively simply case. Even I, who was used to the court system, found it difficult. I spent years saying to people, “Well, are you sure that’s what happened six months ago?” but when I was asked it, I realised how difficult it is to remember such things. That is an argument for getting cases to court more quickly.

Today is an interesting day for the hon. Lady to have the debate. In the Tea Room at lunchtime, I happened to read The Independent and an article headlined “Crusading Gove slams justice for the wealthy”, which was about the Justice Secretary. He is speaking today about the court system, promising

“rapid and radical reform to criminal justice through the greater use of technology, to accelerate prosecutions and make it less traumatic for witnesses to appear in court.”

He also called the existing system “creaking” and outdated, which is interesting, because that chimes with what the hon. Lady was saying. How things happen in an era of cuts to the CPS will be an interesting balance. I am interested to hear what the Minister has to say.

Whatever the system, one of the biggest problems in dealing with cases is that people do not turn up in court. I often had the experience of turning up in court, ready to do a case, only to find that the accused or a witness had not turned up, and the whole thing collapsed. That is also difficult for the witnesses who turn up, having screwed up their courage to come along and do this, only to find that they are sent away and told to come back at some indeterminate time in the future. In Scotland, we have tried various things such as intermediate diets, or pleading diets, to avoid that happening, but it still happens in some cases—there is always a problem with human nature in such things.

I am not sure how Victim Support works in England, but certainly in the Scottish courts Victim Support Scotland does excellent work in dealing with the victims of crime who come to court, and often also with the witnesses giving evidence. Its role should not go unnoticed.

There are differences between the English and Scottish systems. We have always had an independent system, through procurators fiscal and advocates depute. They have always been independent of the police and Government, and make decisions on whether to prosecute cases and on their conduct, although for obvious reasons in both systems the police are the primary investigatory body.

One crucial difference between the two systems is the role of barristers, or advocates as we say in Scotland. Under the Scottish system, all procurators fiscal and advocates depute are full-time prosecutors, whereas my understanding of how the CPS works is that it is almost like a client and it engages barristers for particular cases; those barristers might be prosecuting one week and defending the next. That seems slightly odd to us, because, as I say, our prosecutors are full-time prosecutors—that is what they do. I am sure that barristers can compartmentalise their day-to-day cases, and many will do so, very well, but it seems a curious way to go about things.

Karl Turner Portrait Karl Turner (Kingston upon Hull East) (Lab)
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Does the hon. Gentleman not accept that that is the special thing about the criminal Bar—its independence? A barrister may well be prosecuting one day and defending the next. That allows for impartiality.

Mike Weir Portrait Mike Weir
- Hansard - - - Excerpts

I am not questioning the impartiality, but it seems curious. In our system, people can go from being an advocate depute to being a defending solicitor, but they would leave the Crown Office to do that—they would not do it at the same time. In our system they build up expertise in prosecution. It is a matter of personal opinion. I know that the hon. Gentleman is a long-time practitioner and I am sure that he has a different view; I am simply putting forward my view.

The hon. Member for Erith and Thamesmead also mentioned cuts to the service. Cuts are a concern in many areas. In Scotland, again, the system is slightly different: the Lord Advocate, who heads the Crown Office, negotiates his own funding deal directly with the Deputy First Minister, who also happens to be the Finance Minister, separate from the wider Budget. Although it is true that the Scottish system’s budget over the past few years has been largely flat in cash terms, which is a reduction in real terms, this year there has been a real-terms increase for the Crown Office. That increase was made in recognition of some of the problems in the court system.

The hon. Member for Neath (Christina Rees) made good points about access to justice locally. We have struggled with that issue in many areas of Scotland. Rationalisation and new technology and services are relevant here. When I was practising there were two sheriff courts—the equivalent of English magistrates courts—in my constituency. One has now been closed down and its services transferred to the other. However, there has been a lot more investment in the second court, in particular, in video technology; witnesses can give video evidence and the court has a facility for children to give evidence over video link. I am sure that much of that also happens in English courts, but it needs investment. That was the interesting thing about what the Justice Secretary said today, because greater use of technology means investment, and I question how much he will be able to do when cuts are being made.

The hon. Member for Torfaen (Nick Thomas-Symonds) gave a good exposition of his own experience in the prosecution service. I do not have that experience, but I understand what he was saying.

The CPS is a good service. The principle of an independent prosecution service is important. It is unfortunate that in some ways the CPS has got a bad reputation in recent years because of some high-profile cases that have not gone well at trial or have collapsed early. However, as was rightly said at the outset, any justice system must be about making sure that everyone has a fair trial and that witnesses are dealt with properly at trial. That needs investment, and we make cuts to such systems at our peril.

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Karl Turner Portrait Karl Turner (Kingston upon Hull East) (Lab)
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It is a pleasure, as always, to serve under your chairmanship, Mrs Main. I suspect that I will be rudely interrupted at any moment, because we are expecting a Division on the Floor of the House. I congratulate my hon. Friend the Member for Erith and Thamesmead (Teresa Pearce) on securing this important debate.

The CPS is going through profound changes, and it is right that we carefully consider the consequences of budget cuts and stretched resources in this demand-led service. The CPS plays a vital role in the criminal justice system. It has been well led in recent years, not least by my hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) and, recently, by the current DPP, Alison Saunders. I have met her on a number of occasions to discuss the challenges that the service faces, and she is doing an excellent job in an extremely difficult situation.

Since 2010, we have seen cuts to the CPS budget of more than 28%, which has led to office closures and reductions in staff—the figures I have show that it has lost 571 prosecutors and 500 administrative staff. Those numbers are absolutely massive, given the previous size of the CPS. The cuts in resources are unprecedented, and they have left a gaping hole in the organisation.

Savage cuts are being made against a backdrop of historical sexual abuse cases, increases in reported child abuse and complex cases involving terrorist offences. The CPS must be afforded the flexibility to respond to complex cases when the need arises. In the last couple of years, we have seen an unprecedented and unexpected rise in the number of historical sexual abuse cases and the strain that the CPS has been put under as a consequence.

In recent weeks and months, the DPP has been on bended knee, pleading with the Chancellor, through the Attorney General, for £50 million of emergency funding so that the CPS can properly prosecute the large number of historical sexual abuse cases. I am afraid that the Chancellor is yet to award that money, and he will no doubt expect the CPS to shoulder more cuts in the forthcoming Budget. In my respectful view, that is a huge mistake. If the Chancellor and the Government decide to continue down this path, the problems in the CPS are bound to get worse.

We all agree that the criminal justice system, including the CPS, needs some reform to be fit for purpose in the 21st century. It needs to meet the complexities and challenges of modern demands. However, simply slashing the budget and hoping for the best is wrong and dangerous.

Just today, we saw the Justice Secretary come to the sudden realisation that the justice system is in disarray. He is right that victims and witnesses are adversely affected by inefficiencies and bureaucracy in the criminal justice system. The Opposition welcome his warm words, but we need to see the colour of the Chancellor’s money. Victims and witnesses are often an afterthought, and we need to see them front and centre of any reforms to the CPS and the criminal justice system.

The Lord Chancellor is right to point out that there are two nations in the justice system, although he should not be surprised—it was his Government, I am afraid, who introduced savage cuts without thinking them through. Let me say, before I am intervened on by Conservative Members, that it is true that any party coming into power in 2010 would have made cuts, but my colleagues and I would have thought very carefully about where the axe should fall. The two previous Lord Chancellors did not think their cuts through very well at all.

The move towards the CPS Direct model is taking CPS prosecutors away from local offices and police stations, which has probably led to a slowdown in charging decisions. The timeliness of such decisions has become a real issue, and there have been reports of police officers waiting to get through to CPS Direct for hours on end. Every area visited in the recent joint inspection of charging decisions had serious concerns about the mechanisms used. Worryingly, the report found serious failings in the timeliness of charging decisions, with two thirds of the calls made to CPS Direct not answered within its target of three minutes. Once officers actually make it through to a prosecutor, they are taken through a long process, which often takes more than an hour.

Cuts to the CPS have not been cost-effective, as Her Majesty’s former chief inspector of the Crown Prosecution Service, Michael Fuller, concluded in the report he published on 15 March. The vast reductions in the workforce have meant that the CPS is unable to deliver value-for-money advocacy and the service has made poor progress in most areas.

Alex Chalk Portrait Alex Chalk
- Hansard - - - Excerpts

Is it right to say that by 2013 the Crown Prosecution Service, not least because of the intervention by the hon. and learned Member for Holborn and St Pancras (Keir Starmer), was in a better state than it was in 2008, when he took over, and certainly than it was in 2010? It is simply crude to suggest that it has all got worse since 2010. That is simply not the case.

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Karl Turner Portrait Karl Turner
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I am bound to disagree. I am sure that vast improvements were made by my hon. and learned Friend the Member for Holborn and St Pancras when he was at the helm of the CPS. I remember cross-examining him when I was serving on the Select Committee on Justice, and he made very well the points that the service—[Interruption.] The Solicitor General says from a sedentary position that he was there, too. I remember him being there. It is right to say that improvements were made, but the reality is this. When the Crown Prosecution Service is receiving a 28% cut without the entire criminal justice system having been reviewed, problems will materialise, and when it comes to victims of serious crime, such as historical sexual offences, we need to—

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On resuming—
Karl Turner Portrait Karl Turner
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Before the Division, the hon. Member for Cheltenham (Alex Chalk), who unfortunately has not yet made it back, said that my hon. and learned Friend the Member for Holborn and St Pancras improved the CPS in his time as Director of Public Prosecutions. I entirely agree, but the vast reductions in its workforce mean that the CPS has been unable to deliver value-for-money advocacy. Those are not my words; users of the service—victims and witnesses—are telling us that there is a definite problem. That point was made by Her Majesty’s chief inspector of the Crown Prosecution Service. There have been reports of CPS advocates turning up for trial without being properly prepared—in some cases not having read the case at all—and not having sufficient evidence, and even of witnesses not being warned to attend court. Those advocates are not necessarily CPS in-house solicitors and barristers; it is the independent Bar, too.

Her Majesty’s inspectorate of constabulary recently reported that there is a postcode lottery, which is troubling. In some areas of the country, prosecutors are proceeding with only a third of cases, whereas in other areas, such as my area of Humberside, the figure is closer to nine out of 10 cases—88%. Victims are being failed by a system that is obviously not coping. People should not be denied justice because they report an alleged offence in one area rather than another. Confidence in the criminal justice system is essential, but I am afraid that the system is not working. Victims must be able to come forward and report crimes with confidence that the justice system will work for them. In London, the review of Dame Elish Angiolini, QC into investigations and prosecutions of rape found the criminal justice system to have serious deficiencies in dealing with the number of rape allegations. Since 2005, there has been a 68% rise in recorded sexual offences but only a 17% increase in charges. Last week’s report by the National Society for the Prevention of Cruelty to Children shows a dramatic 39% rise in the number of reported cases of child abuse. Very worryingly, there is a distinct increase in terrorist-related prosecutions, with the DPP projecting that the number could top a frightening 600 this year alone. The Solicitor General will appreciate from his pre-eminent career at the criminal Bar, and from sitting as a recorder of the Crown court, that such cases are often unresolved before trial, which means that more time and resources are needed to prepare the cases, with the effect that other cases fall by the wayside.

Alongside cuts to advocates and administrators, and office closures, there has been a massive cull in the number of witness care officers, as my hon. Friend the Member for Erith and Thamesmead said. Almost half of those employed to ensure that victims and witnesses are dealt with appropriately have gone—their jobs have been axed. With increased pressure on resources, there are concerns about the timeliness of case progression. There has been an increase in the number of cases dropped by the CPS, leaving many victims and witnesses in despair and feeling let down.

The Government need to decide what their vision for the criminal justice system is and what they want a 21st-century CPS to do. Their slash-and-burn approach to the CPS is putting justice at risk. Although the CPS is a demand-led organisation that must respond according to the circumstances in which it finds itself, the Government have removed vital resources and expertise. What goal are they trying to achieve? If it is cuts for the sake of cuts, without a proper review of the entire system, including legal aid—criminal solicitors, of course, also provide a vital service within the criminal justice system—I fear that the CPS is heading for further and more major difficulties.

We have heard in this debate that the CPS is struggling to cope with increased demand, and that prosecutors, whether in-house or at the independent Bar, are expected to achieve the unachievable. The combination of massive budget cuts and large increases in complex cases has created the perfect storm in which cases are not being dealt with effectively. I invite the Attorney General, through the Solicitor General, to set out what steps his office will take to remedy this worrying problem. Can the Solicitor General say whether the Chancellor will provide the £50 million requested by the Director of Public Prosecutions? What assessment have the Law Officers done of the impact on the CPS? What inquiries, investigations or even discussions have the Solicitor General and the Attorney General had with the DPP about whether the service is coping? I think that it is not coping at all well; as I said earlier, that is the evidence of service users.

As my hon. and learned Friend the Member for Holborn and St Pancras said, there must be a strategy beyond just taking the money out. It seems to me that there is no strategy, just cuts, and regrettably, the axe is falling on victims and witnesses.

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Robert Buckland Portrait The Solicitor General
- Hansard - - - Excerpts

Very much so. A lot of us who pioneered such work in the ’90s now find that a lot of what we said and believed then is becoming standard practice, and that is absolutely right. We have heard reference to the victims’ right to review, and, as was made clear in an intervention on the hon. Member for Rochdale (Simon Danczuk), there is an ongoing process in relation to a particular case that means that it would be inappropriate for me to comment on it. However, I hear what the hon. Gentleman says, and I will come back to his point about historical child sexual exploitation in a moment.

Importantly, the new victims’ right to review scheme that was established last year gives victims a further opportunity to ask the Crown Prosecution Service, with the help of independent advice, to consider again the merits of particular decisions. So far, between June 2013 and the end of September last year, 263 decisions have been overturned by the new system. It is a small proportion of the number of Crown Prosecution decisions that are made, but it is an extra safety valve that goes a long way, as I said in relation to our strategy, to enhance public confidence in the criminal justice system.

I have referred en passant to the hon. Member for Rochdale, who talked with his usual power about child sexual exploitation. It is a national emergency. I entirely agree with him, and so do the Government. The way in which complainants were dealt with historically in towns such as Rotherham and the town that he represents was wrong. There was far too much emphasis on the reliability of the individual witness, who was often very young and vulnerable, rather than an overall view of the merits of the case. That is rightly acknowledged to have been an incorrect approach. The thrust of the work being carried out by the Crown Prosecution Service now very much reflects the fact that lessons have been learnt, and there are a number of marked successes when it comes to convictions in such cases. A number of so-called celebrities have rightly been brought to justice, and young victims in larger conspiracy-based cases involving many young and vulnerable complainants have now had their voices heard, as the hon. Gentleman says, and can now see that some justice has been brought in order to help them get on with lives that have been torn asunder by the abuse that they suffered.

The hon. Member for Torfaen rightly talked about pressure and efficiency and how decisions are to be made where there is a reduction in the number of lawyers. The way to measure that is by looking at some of the efficiency measurements that the CPS has conducted. The percentage of guilty pleas at first hearing is a good measurement, because that clearly demonstrates that there has been an excellent level of pre-trial and pre-plea preparation in terms of case management, which means that the evidence has been presented clearly and that those advising defendants can confidently tender advice in a proper way. The percentage of guilty pleas at first hearing has increased from 63.4% in 2010-11 to 70.6% in the last financial year. That is a significant increase.

Another vital piece of information relates to the percentage of magistrates court proceedings that are dropped at a third or even fourth or fifth hearing. That percentage has fallen from 44.2% to 34.1%. In the Crown court, cracked and ineffective trials owing to prosecution failure have fallen from 18.2% to 13.5%. That shows that those who are responsible for decision making and case preparation in the CPS are rising to the challenge and yielding significant results. I pay tribute to chief Crown prosecutors in regions such as the west midlands and the south-west for understanding the importance of the management of the huge volume of cases that come across the desks of prosecutors week in, week out, and for making sure that further improvements are made so that, from the CPS’s point of view, they are doing everything they can to ensure that the Courts Service is efficient.

It would be churlish of me not to put on the record my grateful thanks for the service of the hon. and learned Member for Holborn and St Pancras as Director of Public Prosecutions. He came in at a time when the service already knew that it would face important financial challenges under his stewardship, and he managed them admirably. It is in no small part due to the leadership that he showed that the sorts of figures I have been able to bring to the debate today, and the improved efficiencies in the CPS have been achieved. We are grateful to him.

The hon. and learned Gentleman asked about strategy, and I have given him the answer that I think needs to be set out. He also talked about lines of sight and the risks being run with regard to the impact of reduced resources at a time when it is clear that case loads are increasing. I agree with him: case loads are increasing. We have more terrorism cases and an increase in child sexual exploitation cases. He is right to ask questions. I can reassure him that, as in his day, there continue to be regular meetings between the Director of Public Prosecutions and chief Crown prosecutors to ensure that the current director is fully aware of the impact of changes in case load and resources on individual CPS areas. Further to that, both the Attorney General and I regularly meet the CPS’s director and its chief executive, Peter Lewis, to discuss a range of measures that crucially include resources and its case load mix.

Karl Turner Portrait Karl Turner
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In discussions the Solicitor General has had with the Director of Public Prosecutions, has she mentioned to him and the Attorney General that the CPS urgently needs £50 million now to prosecute historical sex cases properly? What representations has he made to the Chancellor about that?

Robert Buckland Portrait The Solicitor General
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I wanted to come on to finance and I can reassure the hon. Gentleman that the CPS continues actively to discuss its requirements and resourcing pressures with the Treasury. The idea that somehow there is a nonchalant, sit-back approach to that is wholly wrong.

I hope that the hon. Gentleman is reassured that not only are the pressures understood, but discussions continue at the highest levels of Government with regard to making sure—[Interruption.] I reassure him that when it comes to the prosecution of serious crime, whether terrorism or child sexual exploitation, the question of resources does not come into it. What does come into it is the threshold test that I referred to at the beginning of my speech.

The CPS continues to look at the impact of resource changes and it is working with colleagues in the Treasury as part of the ongoing spending review. It would not be appropriate for me to prejudge the outcome of that review. The debate is timely and I accept that Members are impatient, but that is where we are on the ongoing pressures and risks that the hon. and learned Member for Holborn and St Pancras talked about.