Police Reform and Social Responsibility Bill

Michael McCann Excerpts

Wednesday 30th March 2011 Commons Chamber

[Dr Huppert]

I shall try to be brief because a number of hon. Members wish to speak. I have written an article today for “Liberal Democrat Voice” if anyone wants my comments in full—I am sure that hon. Members read it frequently. [Interruption.] There is only one version—unlike what happens with the Labour party, whose members seem to give different messages from the back, the front and the side.

I want to talk about how the system would work, and I urge hon. Members to look at the transcript of the DPP’s evidence to the Public Bill Committee, which was very detailed and very reassuring for those of us who want to make sure that prosecutions go ahead. He made it clear that a team was available, as has just been mentioned, and that it would be ready to act. He understood the issue of timeliness and advanced the idea of using a lower threshold test when there is not enough time to gather evidence. Importantly, he also offered to look in advance at evidence about people who we know should be prosecuted, so as to be ready to go at very short notice—to update what would be required and to be able to go ahead. I was very encouraged by that.

[Mr Michael McCann (East Kilbride, Strathaven and Lesmahagow) (Lab)]

I am the chair of the all-party group for the prevention of genocide and crimes against humanity. My right hon. Friend the Member for Cynon Valley (Ann Clwyd) has made the point that there are more than 400 war criminals in Britain, but is the hon. Member for Cambridge (Dr Huppert) aware that only 29 of them are being pursued by SO15? Does that not demonstrate that we have to separate the wheat from the chaff? Clause 152 will do that: it will get right to the heart of the matter and ensure that we have the evidence base to ensure that war criminals are prosecuted.

[Dr Huppert]

The role of the police is important. Private prosecutions are the wrong way to go about dealing with such people. If a private prosecution has to be used the state has failed to go ahead—but I would like to see it do so. Private prosecutions are an essential safeguard where the state has failed.

--- Later in debate ---

[Nick Herbert]

The purpose of clause 152 is to require the consent of the Director of Public Prosecutions before an arrest warrant for war crimes under the Geneva Conventions Act 1957, and for the few other offences over which the United Kingdom has asserted universal jurisdiction, can be issued on the application of a private prosecutor.

Much of the criticism directed at this provision seems to assume that it will end the right of private prosecution for universal jurisdiction cases—a point that appeared to be made by the right hon. Member for Manchester, Gorton (Sir Gerald Kaufman) in his brief speech—and, by extension, that it will damage the principle of universal jurisdiction itself. I emphasise that this is simply not the case. Of course the provision has no effect at all on the ability of the police to investigate, and of the Crown Prosecution Service to prosecute, alleged offences of universal jurisdiction, but we think it is right that citizens should be able to prosecute these cases, grave as they are. That is why, under our proposal, anyone will still be able to apply to a court to initiate a private prosecution of universal jurisdiction offences by issuing an arrest warrant, where appropriate.

Our approach, therefore, differs from that proposed by the previous Government, which removed the right to private prosecution of offences alleged to have been committed by a foreign national on foreign soil.

[Mr McCann]

Does the Minister agree that that will prevent the silliness of people like two arch-atheists trying to bring charges against Pope Benedict when he was making an official state visit to this country?

[Nick Herbert]

I will deal with some of these points as I go on.

All that the provision will do is prevent a warrant being issued in cases where there is no realistic prospect of a viable prosecution taking place. It would not, as the right hon. Member for Cynon Valley (Ann Clwyd) claimed when she moved her amendment, give immunity to war criminals. That is not the case.

It has been argued that the consent requirement will lead to delay and allow someone who ought to be prosecuted to leave the country. That is the force of amendment 154. That is a serious point, which the Director of Public Prosecutions addressed when he gave evidence to the Public Bill Committee. I urge those hon. Members who are concerned about the provision to read, if they have not done so already, the DPP’s evidence to the Public Bill Committee, which I believe will give them a great deal of reassurance as to how he would approach the matter.

The DPP is well aware that speed is important in dealing with such applications. He explained that the Crown Prosecution Service has suitably trained staff available around the clock, and they stand ready to act immediately in emergency cases. He also had helpful advice for anyone who wants to pursue a crime of universal jurisdiction, which is that they should not wait until the suspect has arrived here, but should engage early with the CPS. He said that they

“should come to us”—

that is, the CPS—

“with whatever evidence they have, and we will undertake to look at it and to advise.”

It has also been argued, and we have heard this evening, that there is a risk of political interference, given the likelihood that the DPP would consult the Attorney-General.