Oral Answers to Questions

Oliver Heald Excerpts

Tuesday 8th January 2013 Commons Chamber

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

2. How many successful prosecutions for tax evasion the Serious Fraud Office has completed in each of the last five years.

[The Solicitor-General (Oliver Heald)]

It is the Crown Prosecution Service rather than the Serious Fraud Office that prosecutes tax evasion cases. The records of the Crown Prosecution Service show that in 2008-09 there were 226 convictions, and the latest figures, up to November 2012, show 349.

[Simon Hughes]

We had a major debate on tax avoidance yesterday, and I think the country and Parliament want us to be very tough on tax evasion. Can the Solicitor-General assure us that the Government and the Crown Prosecution Service will concentrate on large national and international companies, and not on the small fish, so that ordinary people realise that they are not being singled out when much bigger prizes are available from much naughtier people?

[The Solicitor-General]

I can certainly give my right hon. Friend the assurance that from top to bottom the Chief Secretary to the Treasury, who has given us a target of increasing prosecutions fivefold, and all parts of Government will tackle this issue hard. From the point of view of the Attorney-General’s office, my right hon. Friend may be interested to know that we have been referring cases where sentences are unduly lenient to the Court of Appeal. It has recently been established that seven years’ imprisonment should be the starting point for significant tax fraud cases.

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

Tax fraud is estimated to cost the Government £3.3 billion. What steps are the Serious Fraud Office and the Department taking to address that?

[The Solicitor-General]

The Crown Prosecution Service, with the police, is working extremely hard on tax evasion cases to ensure that as many as possible are brought to court. As I mentioned, the Chief Secretary to the Treasury has set the target of a fivefold increase in cases. The figures I read out show that since 2008-09, there has been a major increase in the number of convictions.

[Anas Sarwar (Glasgow Central) (Lab)]

4. What steps he is taking to support victims of child abuse in the prosecution process.

[The Solicitor-General (Oliver Heald)]

The Crown Prosecution Service takes all allegations of child abuse very seriously. Supporting victims of child abuse is vital to successful prosecutions. The CPS works closely with the police and voluntary sector agencies to ensure that proper support is provided to victims at all stages.

[Anas Sarwar]

In the past two years, reports of child abuse have shocked the entire country. Currently, at least 13 inquiries are taking place, including three BBC inquiries into Jimmy Savile, a Department of Health investigation into Broadmoor, a CPS inquiry, and inquiries into child protection in Rotherham and Rochdale. What discussions has the Minister had with other ministerial colleagues to ensure all that work is pulled together, and to ensure that all victims of child abuse receive the support and protection they deserve?

[The Solicitor-General]

The Director of Public Prosecutions is working closely with all other authorities and took a personal lead in September by holding a round-table to consider how child sexual exploitation offences can be tackled. Witness care units are important and new Crown Prosecution Service guidance on child sexual exploitation is due in the new year. A great deal is being done, and special measures are being put in place to help witnesses give evidence.

[Sir Paul Beresford (Mole Valley) (Con)]

My hon. Friend is probably aware that a small team is looking into the history of cases of child abuse complaints in Northern Ireland. One member of the team is an ex-senior inspector in the Metropolitan police who explained to me that, looking back at cases from 1920, believe it or not, one stark fact is the astonishing lack of support for victims, including from the Crown Prosecution Service. Would my hon. Friend be interested in meeting him at the right time to consider whether there is anything from his expertise and research that would be of help?

[The Solicitor-General]

I am grateful to my hon. Friend for that offer, which I will certainly take up. He is right to say that support for witnesses is crucial to enable them to give their evidence in a confident and effective way. That is why the witness care units, the use of the voluntary sector supporters and the other work going into special measures at court to make it easier for witnesses to give evidence are all important. I look forward to the meeting.

[Keith Vaz (Leicester East) (Lab)]

I welcome the steps taken by Keir Starmer and Nazir Afzal to try to reorganise how the Crown Prosecution Service deals with these matters. However, the fact remains that in relation to Rotherham there have been no prosecutions this year in the whole of south Yorkshire, despite 600 victims having been identified in the past few years. Does the Solicitor-General share my concern? Can we please see more prosecutions of the perpetrators?

[The Solicitor-General]

As the right hon. Gentleman will be aware, it depends on the police investigating cases thoroughly and then on the Crown Prosecution Service reviewing them to see what evidence is needed. A full review was carried out after the Rochdale case, which was particularly concerning. That was last autumn, since when the CPS has been working on the new guidance, which I hope will lead to more prosecutions. I accept the need for more prosecutions in this area, but we want to establish best practice, and that guidance will be out soon.

[Jane Ellison (Battersea) (Con)]

On another form of child abuse—female genital mutilation—there have been no prosecutions whatsoever in this country since it became illegal. Does the Solicitor-General share my hope that the Director of Public Prosecutions’ robust new action plan will lead to more progress in this area?

[The Solicitor-General]

Yes, I certainly do. I have personally raised and discussed this subject with the DPP and was delighted that he held the round-table last September, which led to the robust action plan that my hon. Friend mentions. That is about improving the evidence available, identifying what is hindering investigations and prosecutions, exploring how other jurisdictions deal with these cases and ensuring that the police and prosecution work together closely on what are very difficult cases.

[Fiona Mactaggart (Slough) (Lab)]

5. How many prosecutions for human trafficking there have been in the most recent period for which figures are available; and if he will make a statement.

[Andrew Selous (South West Bedfordshire) (Con)]

7. What steps he is taking to increase prosecutions for human trafficking.

[The Solicitor-General (Oliver Heald)]

The Crown Prosecution Service charged and prosecuted 64 cases where human trafficking was the main offence between 1 April 2012 and 2 January this year, and has prosecuted other human trafficking cases using other legislation. The CPS is working with law enforcement and other agencies to improve investigation and prosecution and to encourage victims.

[Fiona Mactaggart]

Those figures sound a little better than the ones previously published that suggested to me that out of 25 European countries Britain had fewer prosecutions for human trafficking specifically than all bar Malta, Slovakia, Estonia and Finland. What effect does the Solicitor-General believe the relatively low level of prosecution for specific human trafficking offences has on the potential for future human traffickers?

[The Solicitor-General]

Of course, it is very important that we prosecute cases of this kind, but I make the point to the hon. Lady that the figures I read out and which are often quoted relate to cases where human trafficking was the main offence, but quite often with human trafficking, as she will know, the main offence is a violent assault or a rape, and it is the more serious offences that are flagged. In another 111 cases, in addition to the 64 I mentioned, human trafficking was one of the offences, but the main offence was a rape or major conspiracy.

[Andrew Selous]

There have been relatively few prosecutions for human trafficking involving forced labour, compared with, say, sexual exploitation, although there have been major successes in my own county of Bedfordshire and, just before Christmas, in Gloucestershire. These forced labour exploiters often earn enormous sums of money. What can we do to take some of that money to help the police fund these complex and difficult investigations?

[The Solicitor-General]

My hon. Friend will know of the Connors case, which was finally concluded yesterday —an appalling case involving vulnerable people being forced to work by the criminals concerned. It is important that we tackle these cases, but the main offence was introduced only in 2010 and related to events that occurred after that date, so we are very much at the early stage of bringing these cases to court. The Connors case is one of the first. An agreement has been reached with the Gangmasters Licensing Authority, however, to refer cases to the police, and other steps are being taken to toughen up on internal trafficking.

[Mark Durkan (Foyle) (SDLP)]

Has the Solicitor-General had any indication of the number of cases where files were submitted and the decision was taken not to prosecute, or of the number of decisions that were based on concerns about the witness capacity of the victims?

[The Solicitor-General]

I will look into that and am happy to write to the hon. Gentleman, because I do not have the information here. The Crown Prosecution Service is anxious to prosecute in this area if the evidence is available. All too often it is difficult to obtain the quality of evidence from overseas that one would want in order to prosecute effectively. There is also the problem that victims need a great deal of support and encouragement. All these matters are being addressed, and I will write to the hon. Gentleman on his point.

[Mr Peter Bone (Wellingborough) (Con)]

I welcome what the Government are doing in this field—they are being very proactive—but does the Solicitor-General share my concern that there is a temptation for the Crown Prosecution Service to choose lesser charges for which it is easier to secure a conviction, such as immigration offences, which results in traffickers getting a lower sentence than if they had been prosecuted for human trafficking?

[The Solicitor-General]

I would dispute that. As I mentioned to the hon. Member for Slough (Fiona Mactaggart), many human trafficking cases involve other offences, which are often more serious. With sexual exploitation cases, where there are continual rapes and serious offences of that sort, it is right to charge for rape as the principal offence because it is more serious in some ways. I therefore do not accept that the Crown Prosecution Service is going for lower charges. This is a matter that we in the Attorney-General’s office keep under review.

[Graeme Morrice (Livingston) (Lab)]

6. Whether implementation of the recommendations of the Leveson report will affect the enforcement of laws of contempt.