Oral Answers to Questions

Lord Garnier Excerpts

Tuesday 7th February 2012 Commons Chamber

[Fiona Mactaggart (Slough) (Lab)]

1. What recent discussions he has had with the Crown Prosecution Service on improving the effectiveness of rape prosecutions.

[The Solicitor-General (Mr Edward Garnier)]

I have regular discussions with the Director of Public Prosecutions on a range of criminal matters, including rape. The DPP, the Attorney-General and I take our duties in regard to rape prosecutions extremely seriously. The hon. Lady met the DPP in April last year to discuss rape prosecutions, and he wrote to her on 6 May setting out what the CPS is doing to improve the effectiveness of rape prosecutions.

[Fiona Mactaggart]

Last week the chief prosecutor for London, Alison Saunders, called on the Government to start a public debate to bust some of the myths about rape victims which prevent successful prosecutions. Will the Attorney-General and the Solicitor-General agree to work with ministerial colleagues to begin a Government-led campaign to address the misrepresentations of and misconceptions about rape victims which get in the way of successful prosecutions?

[The Solicitor-General]

Of course we will. I am already a member of the inter-ministerial group on violence against women and girls, and as I indicated a moment ago I take my responsibilities with regard to the prosecution of rape cases extremely seriously. I have personally appeared in a number of applications to the Court of Appeal, dealing with unduly lenient sentences passed in relation to rape victims. We want to improve the attrition rate and the conviction rate, and the hon. Lady can be assured that this Government and these Law Officers are fully behind that momentum.

[Rehman Chishti (Gillingham and Rainham) (Con)]

On the prosecution of sexual offences, the number of child sexual offences reported to the police last year was about 17,000, and the number of prosecutions was about 4,000. Does the Solicitor-General know the reason for that gap?

[The Solicitor-General]

I do not know—I have no empirical evidence that I can deploy this afternoon—but clearly there is an absence, often in such cases, of evidence that has reached the state in which it can be taken to court. My hon. Friend will know from his practice at the Bar that it is essential that we have adducible evidence to put before the court. Without evidence, we cannot prosecute.

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[Valerie Vaz (Walsall South) (Lab)]

3. What recent discussions he has had with the Secretary of State for the Home Department and the director of the Serious Fraud Office on the capacity and effectiveness of organisations tackling economic crime.

[The Solicitor-General (Mr Edward Garnier)]

The Attorney-General and I hold regular meetings with the director of the Serious Fraud Office, at which we discuss all aspects of its work, including individual cases and the development of deferred prosecution agreements as an additional weapon in our criminal justice armoury. We also hold regular meetings with the Home Secretary and her Ministers, but there have been no recent discussions on economic crime. I remind the hon. Lady of the Home Office paper entitled “The National Crime Agency: A plan for the creation of a national crime-fighting capability”, which was published in June 2011. The NCA will include an economic crime command.

[Valerie Vaz]

I thank the Solicitor-General for his answer. Given that the Serious Fraud Office is facing cuts of 23% and that the Law Society Gazette has reported on deferred prosecution agreements, will he update the House generally on those agreements? Specifically, will they be available for the public so that those dealing with companies that are subject to such agreements can see that?

[The Solicitor-General]

When DPAs come into the criminal justice system in this country, they will be available to the public in the sense that they will be operated by the director of the Serious Fraud Office, who is a public prosecutor. I am not sure that I can help the hon. Lady much further than that. The matter is under discussion and we are developing it within Government. Further announcements will be made just as soon as we are ready.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

Given that when investigating the failure of RBS, Adair Turner concluded that the FSA has little power under the existing rules to take action against individuals associated with the banking crisis; that the director of the SFO believes that

“things have got to change”;

and that we are still waiting for anyone in the UK to be prosecuted in relation to the global financial crisis, will the Solicitor-General use his best efforts to persuade the Attorney-General to look again at introducing a crime of corporate negligence so that prosecutors have a full range of weapons in their armoury to use in future against reckless financiers?

[The Solicitor-General]

The Attorney-General and I always use our best efforts. The development of the criminal law is within the remit of the Ministry of Justice. I am sure that the hon. Lady will address her remarks, via the right hon. Member for Tooting (Sadiq Khan), to that Department.

[Nigel Adams (Selby and Ainsty) (Con)]

4. What steps he is taking to promote reform of the European Court of Human Rights.

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[Mr Tom Watson (West Bromwich East) (Lab)]

5. What recent discussions he has had with the Crown Prosecution Service on the progress made by the Leveson inquiry.

[The Solicitor-General (Mr Edward Garnier)]

None, save that the Director of Public Prosecutions has informed me recently that he has been asked to give evidence to the inquiry.

[Mr Watson]

Eighteen months ago, Alison Levitt, QC, was tasked with a review of the previous evidence from the 2006 hacking case. Will her conclusions be shared with Lord Leveson, and can they also be shared, maybe in a redacted form, with members of the Select Committee on Culture, Media and Sport, who are conducting an inquiry on the matter at the moment?

[The Solicitor-General]

That must be a matter for the Director of Public Prosecutions and Ms Levitt.

[Mark Pritchard (The Wrekin) (Con)]

Is it not the case that public confidence in both the Crown Prosecution Service and the police is absolutely vital? If so, does the Solicitor-General share my concern about the fact that we have had many arrests of journalists under Operation Elveden but only two arrests of police officers, and that the names of those police officers have remained unpublished? There seems to be one rule for the police and another rule for journalists.

[The Solicitor-General]

There is also another rule that the Law Officers do not tell the police what to do. It is entirely a matter for the police to deal with arrests. If matters come to their attention that need the advice of the Crown Prosecution Service, which the Attorney-General and I superintend, we will no doubt examine them.

[Helen Goodman (Bishop Auckland) (Lab)]

One issue that will arise in this context is contempt of court and the extent to which the media need to be controlled. I was rather disappointed to hear the Attorney-General’s responses on Radio 4 this morning. Would the Solicitor-General like to make it absolutely clear to the entire nation that, notwithstanding the rights and wrongs of particular cases, it is possible to commit contempt on Twitter?

[The Solicitor-General]

That is a deeply uncontroversial statement to make.

[Mr Speaker]

I call Mr Gerry Sutcliffe. Not here.

[Ann Clwyd (Cynon Valley) (Lab)]

9. What recent assessment he has made of the management and disclosure of evidence by the Crown Prosecution Service.

[The Solicitor-General (Mr Edward Garnier)]

The effective management and disclosure of evidence relies on the proper discharge of duties and obligations by both the police and the prosecutor. Although there have been failures in a small number of cases, in the vast majority of cases the disclosure duties are carried out well.

As the hon. Member for Blaenau Gwent (Nick Smith) will know, there is currently an inquiry into the Lynette White case in south Wales, more properly called the Crown v. Mouncher and others. The Independent Police Complaints Commission is carrying out a review of police conduct in that case, and the Director of Public Prosecutions has separately and additionally asked the inspectorate of the Crown Prosecution Service to carry out a review of the actions and decision making of the CPS in relation to disclosure in that case.

[Nick Smith]

It took nearly 10 years and cost the taxpayer about £30 million to bring eight former South Wales police officers to court on charges of perverting the course of justice and fabricating evidence. The case collapsed when the key documents were thought destroyed, but they have now been found. I thank the Attorney-General for his answer, but what assessment has the CPS made of the prospects of a future prosecution?

[The Solicitor-General]

It will not make an assessment until the two inquiries are completed.

[Ann Clwyd]

I echo what my hon. Friend the Member for Blaenau Gwent (Nick Smith) has said: there is considerable shock at the conduct of this case, in south Wales and elsewhere. In the past, there have been a particularly high number of miscarriages of justice under the South Wales police force. Is the Attorney-General aware of any other similar cases in which the disappearance and re-emergence of key evidence has led to a retrial?

[The Solicitor-General]

Off the top of my head, I am not aware of any such cases, but the right hon. Lady is right to point out that the collapse of the Lynette White case in south Wales just recently, which affects her constituents and neighbours and those of the hon. Member for Blaenau Gwent (Nick Smith), is a matter of huge regret. It is now being subjected to two inquiries. Once they have been completed, further announcements will be made.

[Mr Robert Buckland (South Swindon) (Con)]

Is not the lesson of the disclosure debacle in the Lynette White case this: when criminal allegations are made against police officers in one police force, disclosure should be handled by officers from an entirely independent police force? Will my hon. and learned Friend do all he can to ensure that such reforms take place so that such a disaster does not happen again?

[The Solicitor-General]

Clearly—particularly in large and complex cases such as the one we are talking about—the need to get disclosure right is key. That is also true, however, in what one might call less serious cases—although I do not want to be misunderstood when I use that adjective. My hon. Friend’s point about other police forces dealing with the disclosure in such cases must, surely, be a matter for the chief constable of the relevant police area. I have no doubt that the Home Secretary, who is sitting beside me, will bear that in mind in due course.

[Mrs Mary Glindon (North Tyneside) (Lab)]

8. What discussions he has had with ministerial colleagues on reform of extradition law.