Oral Answers to Questions

Neale Hanvey Excerpts

Thursday 7th December 2023 Commons Chamber

[The Attorney General]

The right hon. Lady understands, as I hope all of us in the Chamber do, the complications of the Law Officers convention, which means that I simply cannot go into the details of my advice here. On very rare occasions, either legal advice has been leaked or, more recently, I am glad to say, a summary of the Government’s legal position, which may or may not include the Attorney General’s advice, has been provided. The sort of circumstances in which we would envisage that to be appropriate would be if we were taking military action overseas, for example. It is not something that is done on a regular basis.

What I would say to colleagues, because there has been a great deal of interest in the legal position surrounding the Bill, is that the use of a section 19(1)(b) statement is not unprecedented. In fact, I remember, as a much younger lawyer, when Tessa Jowell used such a statement for the Communications Act 2003. That Act went on to be tested in the Strasbourg Court and the Government were successful in that case, so I would not read too much into the use of a section 19(1)(b) statement. It is unusual, but not unprecedented.

[Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)]

7. What recent discussions she has had with the Serious Fraud Office on the prosecution of covid-19 related fraud.

[The Solicitor General (Michael Tomlinson)]

The Attorney General and I regularly meet with the SFO director; however, the vast majority of covid fraud cases do not fall within the SFO’s remit, and investigations are handled by the most appropriate agency. Recently, as the hon. Gentleman will have heard, I visited the Insolvency Service and heard about its excellent work in relation to bounce bank loans.

[Neale Hanvey]

Given the statement by the former director of the Serious Fraud Office that red flags were ignored, and that Parliament’s own spending watchdog estimates potential fraud of £16 billion, how much has been recovered to date and what further lessons have been learned and applied to ensure that identification and prevention of fraud is embedded across all Government Departments, and why are the UK Government not recovering that fraud with the same zeal and determination that they have for impoverishing benefit claimants who have had overpayments through no fault of their own?

[The Solicitor General]

I entirely refute and disagree with the hon. Gentleman’s final comment, but he will be pleased to know that the new director of the SFO has set off apace. He has launched new investigations. There is a new energy and a new rigour within the SFO, but I repeat that it is not just the SFO that conducts such investigations; the Insolvency Service is also involved, and is also carrying out some excellent work.