(2 days, 14 hours ago)
Commons ChamberThe right hon. Member is absolutely right. I know from my days in practice that mediation and ADR have a very important role to play. It is critical that we get this intolerable backlog in our Crown courts down, and this Government are taking substantial action to do that. We have increased the number of Crown court sitting days. As I referred to, the Lord Chancellor has asked Sir Brian Leveson to conduct an independent review of our criminal courts, and we are also increasing the sentencing powers of magistrates courts.
The hon. Member is absolutely right that fraud does not stop at national borders, so it is vital that enforcement activities do not stop at national borders either. That is why the SFO takes co-operation with international partners extremely seriously. In fact, most recently, the director launched a new international anti-corruption prosecutorial taskforce with Swiss and French partner agencies to strengthen existing ties between these countries and to lead to greater joint working on cases, as well as the sharing of insight and expertise. I would argue that we need more of those agreements and greater international co-operation to tackle the issue that he raises.
The hon. Member raises an important issue, and I am glad that I largely managed to pre-empt his question with my first answer. Stalking cases are on the rise. We are seeing more referrals to the police and, indeed, more convictions. This Government are taking strong action on stalking, because we recognise the scale of the issue. We are introducing statutory guidance to empower the police to release the identities of online stalkers, which we recognise is extremely important. I mentioned that we are extending stalking protection orders, which is clearly important too, and the review of stalking legislation is ongoing to make sure that that body of law is fit for purpose. My colleagues will update the House on that in due course.
That completes questions. May I just say to the Serjeant at Arms that I am very concerned that Members who had questions on the Order Paper have not been allowed into the House? Can we take this up with the police? They have no right to stop a Member entering this House. I take it very seriously.
Before we proceed to the business question, I should inform the House that the Government have indicated that there will be a statement this afternoon on US-UK trade. The timing of that statement has yet to be established, but it will appear on the annunciator once it has been confirmed.
(3 months ago)
Commons ChamberI wholeheartedly agree with my hon. Friend. The Conservative party would do better to talk up our excellent British legal and judicial systems rather than consistently seeking to undermine the foundational principles to which he referred.
The Attorney General is in the House of Lords, so the rules that apply are different from those that apply in the House of Commons. That is the difference between the Attorney General and the previous Solicitor General and me. Those requirements are the same for all peers, including the Attorney General, and they apply just as much to the shadow Attorney General. The Lords Commissioners for Standards said that they considered the complaints made by the shadow Justice Secretary about the peers code of conduct, and dismissed them.
The CPS prosecutes all cases that are referred to it, provided that they meet the full code test for Crown prosecutors. I think we would all admit that there is more to do regarding the incidents to which the hon. Member refers. The CPS and police national hate crime leads are committed to joint working to increase the number of police referrals to the CPS for hate crime offences.
(3 months, 2 weeks ago)
Commons ChamberThe Attorney General’s Office has an established and rigorous process for identifying and dealing with conflicts, and potential conflicts, that arise from the Law Officers’ past practice. That process predates the appointment of the Attorney General and sits against the backdrop of every lawyer’s professional obligation to be alert to, and to actively manage, any situation that might give rise to a potential or actual conflict. Learned Members of this House will keenly appreciate the importance that all lawyers place on that obligation.
In identifying conflicts or potential conflicts, the Attorney General’s Office adopts a cautious and “beyond reproach” threshold to any conflicts or potential conflicts. My Department works with the Government Legal Department, the Foreign, Commonwealth and Development Office, which oversees international litigation on behalf of the Government, the Crown Prosecution Service and the Serious Fraud Office to revise and augment the list of conflicts identified.
Once the conflicts have been ascertained and a set of actions identified for each conflict, the Attorney General’s Office takes steps to ensure that the Law Officer is appropriately limited in their involvement on matters related to the relevant area of Government policy or related litigation. The list is kept under review and amended—for example, when new Government policies or litigation emerge. In situations where one Law Officer is conflicted, another Law Officer is asked to act in their place.
The Law Officers’ convention is an important principle —enshrined in “Erskine May” and the ministerial code, and upheld by successive Administrations—that preserves the ability of Government to receive full and frank legal advice from their legal advisers in confidence. I am therefore unable to comment on the specific details of legal advice provided by the Law Officers, other than to note that of course decisions on policy are taken by the relevant Secretary of State, as has been the case under successive Governments. That process sits alongside the system relating to ministerial interests, overseen by the Prime Minister’s independent adviser on ministerial standards, who was provided with the Attorney General’s list of conflicts following his appointment. I can reassure the House that the Attorney General’s Office will continue to apply the most rigorous standards in its conflicts process.
I have outlined the rigorous process that exists in the Attorney General’s Office and has existed across Administrations of all colours. The House may be aware that the shadow Justice Secretary, the right hon. Member for Newark (Robert Jenrick), has written to the Cabinet Secretary seeking clarity—the clarity to which the shadow Solicitor General refers—on that process and an investigation into it. The Cabinet Secretary has today confirmed by reply that the Attorney General’s Office has a rigorous system in place to ensure that a Law Officer would not be consulted on any matter that could give rise to a potential conflict of interest. He has restated that those arrangements are of long standing and part of standard practice that has applied under successive Administrations. [Interruption.] I encourage Opposition Members to take comfort from that statement—[Interruption.]
Order. [Interruption.] Solicitor General, when I am standing, you must sit down. Mr Mullan, whether here or elsewhere, I do not want a running commentary from you on everything we debate. Do we understand each other?
Thank you, Mr Speaker.
The shadow Solicitor General raised the previous experience of the Attorney General. Lord Hermer is a very experienced barrister, and during his time in private practice—prior to his appointment to Government—he represented high-profile clients in a number of cases. It is a central and well-understood aspect of the British legal system, as she knows, that barristers are required to accept instructions if they are available and qualified to do so—the well-known “cab rank” principle. She will also be very aware that, put simply, barristers are not their clients. As the Bar Council states:
“Barristers do not choose their clients, nor do they associate themselves with their clients’ opinions or behaviour by virtue of representing them.”
In recent days, the Opposition have cynically linked the Attorney General with some of his previous clients. I grew up on military bases in armed forces communities in the 1980s, and I remember what it felt like when my dad had to check underneath the car before every single journey we made. I note that because it is the backdrop against which I say that I would defend with every fibre of my being the duty of any barrister in this country, including Lord Hermer, to defend any client before any court, as we all should. I will end by restating the principle in words that I think are particularly powerful:
“Don’t judge a surgeon by their patients, a journalist by their interviewees—or a lawyer by their clients.”
Those were the words of the current Conservative shadow Attorney General.
Does the Solicitor General agree that what the shadow Solicitor General is asking her to do, in a not very subtle way, is to breach the Law Officers’ convention by the back door? If the Attorney General were to reveal whether or not he is able to advise on a particular issue, that would reveal the fact that he had been asked to advise on it. The Opposition’s intention is clear: it is to gain party advantage. The effect is to undermine the rule of law.
I very much agree with my hon. Friend. I am happy to confirm that where the Attorney General has conflicts, he will recuse himself.
You did. There we go—and Members were getting all excited. I call the Solicitor General.
I am grateful to the hon. Member for his question. I have outlined the rigorous process that exists in the Attorney General’s office and, as I said, has existed across Administrations of all colours.
I am grateful to my hon. Friend for her question, and I agree with her.
(4 months, 3 weeks ago)
Commons ChamberMr Speaker, I will start by taking this opportunity to wish you, your team and Members across the House a very merry Christmas.
Every single victim of knife crime is one too many, and this Christmas there will be some constituents, including my own, facing the heartbreaking reality of a loved one who is no longer with them due to knife crime. That is why, as part of our plan for change, the Government are 100% committed to tackling knife crime.
I am grateful to the hon. Member for his question. He will appreciate that I do not have those statistics to hand, but I am more than happy to write to him.
I can give that assurance. The hon. Gentleman calls this kind of crime low level. I know from experiences in my constituency that these issues can affect daily life and really blight communities, so yes he has my assurance.
I am very sorry to hear of the incident in the right hon. Member’s constituency; that is indeed appalling. It is vital for this type of conduct to be taken seriously, and policing is key to that. We need more police officers and police community support officers, which is why, as part of our plan for change, we have promised to put 13,000 more police officers and PCSOs back on the beat with a named officer for every neighbourhood. We also need to improve the experiences of victims within our criminal justice system, and that includes better communication between victims and the CPS.
The hon. Gentleman raises an important point. We are strengthening the law and the criminal justice system to improve prosecutions for violence against women and girls, and to better support victims.