Investigatory Powers Bill

Debate between Keir Starmer and Alex Chalk

Report: 2nd sitting: House of Commons
Tuesday 7th June 2016 Commons Chamber

[Keir Starmer]

I am grateful for that intervention, which I will take in the spirit with which it was put forward. We want maximum publicity within the constraints that apply when highly sensitive information is considered. The first point of the review is to inform their lordships so that they can perform their scrutiny function, but they will be unable to do that if the report is not available to assist them in their deliberations. The review and its terms are a material and important step forward, and I am grateful for the indication about its publication when it is complete.

That takes me to the subject of medical records, which I can deal with swiftly.

[Alex Chalk (Cheltenham) (Con)]

Does the hon. and learned Gentleman agree that this review on the necessity of bulk powers is welcome, not just to give the public confidence, but to give confidence to the intelligence agencies that must use them? In my experience, they are scrupulous about acting within the law, and we owe it to them to award powers that they can be satisfied are both necessary and enjoy public support.

[Keir Starmer]

I do agree with that, and I have emphasised to the security and intelligence services that there is value in this exercise from their perspective, in making the operational case for the powers that they exercise and wish to continue exercising. That is another good reason for the review.

There has been an ongoing concern, raised first by the Scottish National party and then by Labour in Committee, about access to medical records. The concern for Labour, which I am sure is the shared position, has been about “patient information”, as defined by section 251 of the National Health Service Act 2006. That means information relating to mental health, adult social care, child social care and health services. I do not need to spell out for the House why many members of the public—my constituents and, I am sure, those of many Members—are deeply concerned about the very notion of the security and intelligence services having bulk access to those sorts of sensitive records. We tabled an amendment in Committee proposing a high threshold for the exercise of powers in relation to those records, and this is reflected in amendments 303 to 305 before the House today.

The Government have tabled new clause 14 in response to our demands. Although it does not take the same form as amendments 303 to 305, on my analysis, because of the way subsection (6) is framed, it would cover mental health, adult social care, child social care and health service records. If, either now or at some convenient point, the Minister could indicate that his understanding is that it would cover those records, I will not press amendments 303 to 305 to a vote.

Crown Prosecution Service

Debate between Keir Starmer and Alex Chalk

Tuesday 23rd June 2015 Westminster Hall

[Keir Starmer]

There is of course concern about the workload of CPS staff. One effect of the reduction in resources is that staff have to work much harder in different circumstances and at different times. That is part of the risk when the resource of any organisation is reduced. It does not mean that one must always return to the status quo and that there cannot be change. However, it does highlight my point that there needs to be a constant risk assessment when resources are reduced in the way they have been.

[Alex Chalk (Cheltenham) (Con)]

I should declare an interest as somebody who has been a practising barrister—in fact, I was probably instructed by the hon. and learned Gentleman. Does he agree that culture is sometimes as important as cost when helping victims and witnesses? There has been an extraordinary change—this was the case even during his tenure as DPP—in the way victims and witnesses are treated. That ranges from victim impact statements, to the screens provided for under the Youth Justice and Criminal Evidence Act 1999, to getting counsel to meet witnesses before they give evidence, which is critical to giving them a good court experience.

[Keir Starmer]

I accept that, and I have always said that, if we are to provide properly for victims, we need not only resource but a culture change.

I share the concerns that my hon. Friend the Member for Rochdale (Simon Danczuk) raised about Cyril Smith and other old cases. For the record, Cyril Smith was not, of course, considered by the CPS, because it was not in existence at the time. However, the case was considered by the DPP, and I have gone on record to express my concern about the decisions that were made.

This is about making a cultural change. When I was DPP, I was concerned that there was a cultural inhibition against prosecuting some of the sexual grooming cases, and that was most acute in the Rochdale cases, but a new approach was heralded to prosecuting those cases. I accept, therefore, that, when it comes to victims, the issue is not just resource but a culture change. The culture is changing, but it needs to be pressed harder, and it needs to be pressed in other parts of the criminal justice system, although there has been good work. However, if we are to take victims more seriously, that will require more resource, and it will require us to be clear about the risks that will be taken if further money is taken out of the criminal justice system.

Let me finish by observing that the decision before the DPP on the Janner case was not an easy one; it was a stark and difficult choice between two unattractive approaches. The DPP has followed the victim right to review policy and has put the decision out for review. We should respect the independence that she has brought to the decision making and the fact that she has had the courage to put the decision out for review. To that extent, we should inhibit our comments on the case.