Oral Answers to Questions Debate

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Department: Cabinet Office

Oral Answers to Questions

Oliver Heald Excerpts
Tuesday 25th March 2014

(10 years, 8 months ago)

Commons Chamber
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Oliver Heald Portrait The Solicitor-General (Oliver Heald)
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The last external assessment was completed by the National Audit Office as part of its report on confiscation orders in December 2013.

Lord Hanson of Flint Portrait Mr Hanson
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Last year, the Serious Fraud Office collected £3.9 million in proceeds of crime, but it hoped to collect £32 million. Will the Minister explain why the shortfall occurred, what he intends to do about it and whether the £19 million requested Treasury bail-out has anything to do with that shortfall?

Oliver Heald Portrait The Solicitor-General
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No, the shortfall does not have anything to do with that figure. It is worth bearing in mind the fact that money is recovered in different ways. More than £76 million has been returned to victims as a result of Serious Fraud Office activity since 2009, so it is wrong to ignore compensation and other moneys paid to victims when looking at the overall picture.

Emily Thornberry Portrait Emily Thornberry (Islington South and Finsbury) (Lab)
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The Solicitor-General refers to the National Audit Office report—it was shocking, was it not?—which talks about how the confiscation of criminal assets is just not working at the moment. There are 27% fewer asset restraining orders than there were in 2010; £450 million remains unpaid, even after defendants have served extra time; and £285 million in foreign banks cannot be touched—I could go on, but I am sure that Mr Speaker would not wish me to do so. What plans do the Solicitor-General and Attorney-General have to strengthen enforcement of confiscation orders? Will the Solicitor-General improve our co-operation with overseas jurisdictions? How can we make sure that our justice system gets its hands on these ill-gotten gains?

Oliver Heald Portrait The Solicitor-General
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The hon. Lady is covering a much broader area than that raised in the question. As I think she would agree, the Serious Fraud Office has a superb unit that is actively after the money that it leads on—£100 million—and it is believed to be extremely competent. [Interruption.] The extra money is nothing to do with this particular aspect. Overall, we do need a proper strategy to improve confiscation and asset recovery, and that is under way. Ministers are meeting on the matter, and a new strategy from the Crown Prosecution Service was explained in more detail when evidence was given to the Justice Committee. I think the hon. Lady is being over-critical, as it is not always easy to extract money that is overseas in complex trust arrangements and hard to recover.

Jason McCartney Portrait Jason McCartney (Colne Valley) (Con)
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2. What assessment he has made of the legal implications for the UK of Russia’s recognition of Crimea as a sovereign state.

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Paul Flynn Portrait Paul Flynn (Newport West) (Lab)
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4. What plans he has to reduce the running costs of the Law Officers’ departments.

Oliver Heald Portrait The Solicitor-General (Oliver Heald)
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Over the next two financial years, the total expenditure of the Law Officers’ departments will be reduced through measures such as shared legal services, reduction in non-front-line staff, increased digitalisation, rationalisation of estates and more efficient court listing practices.

Paul Flynn Portrait Paul Flynn
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How much is the Department spending to contest freedom of information and court decisions, in order to suppress information to the public? The claim has been made that information is available that would show that an important person is unfit to do his future job. Should we not allow the lobbying letters of Prince Charles to be made public?

Oliver Heald Portrait The Solicitor-General
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The hon. Gentleman raises a case that involves issues of constitutional significance, including upholding Parliament’s intentions for the freedom of information regime and the Government’s ability to protect information in the public interest. It is important that the Government continue to fight the case in question. To protect public funds, if we are successful at the next stage of the legal proceedings, we would expect The Guardian to meet our legal costs in full.

Stephen Mosley Portrait Stephen Mosley (City of Chester) (Con)
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5. What progress has been made on commencing new inquests into the deaths at Hillsborough.

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Paul Blomfield Portrait Paul Blomfield (Sheffield Central) (Lab)
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8. What steps the Director of Public Prosecutions is taking to improve the timeliness with which charging decisions are reached in cases of rape.

Oliver Heald Portrait The Solicitor-General (Oliver Heald)
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The Crown Prosecution Service’s new rape and serious sexual offences units now advise police in all areas at the start of rape investigations. Rape charging decisions require meticulous attention and can include complex evidence. They are monitored by the Director of Public Prosecutions in all areas at six-monthly intervals, and recent improvements have resulted in the highest ever levels of rape convictions.

Andrew Gwynne Portrait Andrew Gwynne
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But figures unearthed by the Opposition show that it is taking prosecutors more than a month to charge alleged rapists—10 days longer than it took five years ago. Is it not awful for rape victims to have to wait that extra period, and does it not run the risk that they will withdraw their support for a prosecution? What are the Government going to do about that?

Oliver Heald Portrait The Solicitor-General
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It is important to charge as soon as possible, particularly when vulnerable witnesses are involved, and there is a protocol to that effect between the Crown Prosecution Service and the police. However, it is also important for the CPS to be able to take on more cases that are referred to it by the police than has previously been the case, and to take on more complex cases involving more vulnerable victims. It is doing that now, and the result is an improved conviction rate. While timeliness is important, it is also vital for there to be that careful attention to detail which results in a successful outcome.

Paul Blomfield Portrait Paul Blomfield
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What assessment has the Solicitor-General made of the impact on CPS charging times of the loss of a quarter of CPS solicitors and the closure of 40 operational offices since 2010?

Oliver Heald Portrait The Solicitor-General
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It has had no impact whatever, because there has been a clear prioritisation of cases of this kind—involving specialist rape prosecutors—and, indeed, of child abuse cases. Cuts would certainly never affect performance, and the overall statistics show that they are not doing so

Rehman Chishti Portrait Rehman Chishti (Gillingham and Rainham) (Con)
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In a recent statement, the Minister for Crime Prevention said that he had

“held discussions with the Director of Public Prosecutions, who has agreed to establish a CPS-police scrutiny panel to look at how forces deal with rape.”

When is that panel likely to be set up?

Oliver Heald Portrait The Solicitor-General
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This is part of the six-point plan that I outlined during an earlier Question Time. It is designed to establish why there are fewer referrals from the police, and, in particular, why that is the case in certain parts of the country. The national scrutiny panel will sit on 4 April with the Director of Public Prosecutions and the national policing lead on rape, and will examine evidence compiled from seven police force areas to see what the implications are.

Valerie Vaz Portrait Valerie Vaz (Walsall South) (Lab)
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What steps is the Solicitor-General taking to support victims in rape cases?

Oliver Heald Portrait The Solicitor-General
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A range of special measures can be taken in the courts themselves to make the experience of court less troubling for vulnerable witnesses. There are also witness care units. I have already mentioned the rape and serious sexual offences units, which are another part of our efforts to support witnesses. As the hon. Lady has implied, if prosecutions of this kind are to be effective, there must be confident witnesses who are prepared to explain exactly what happened, and that is what we are aiming to achieve.

Rosie Cooper Portrait Rosie Cooper (West Lancashire) (Lab)
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7. What recent discussions he has had with the director of the Serious Fraud Office on funding arrangements for that agency.

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Kerry McCarthy Portrait Kerry McCarthy (Bristol East) (Lab)
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9. What discussions he has had with the Crown Prosecution Service on prosecuting crimes of violence against subcultures as hate crimes.

Oliver Heald Portrait The Solicitor-General (Oliver Heald)
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I pay tribute to the work the hon. Lady has done in this area. The CPS prosecutes violent offences robustly, including cases where victims have been attacked on the basis of subculture. Targeting particular groups is treated as an aggravating feature in such cases.

Kerry McCarthy Portrait Kerry McCarthy
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I thank the Minister for that response. As he is aware, I have been working with the Sophie Lancaster Foundation. She was killed seven years ago and her mother has been tirelessly campaigning for police forces to record such crimes as hate crimes. Might it be part of the sentencing guidelines given to courts that they can sentence specifically in relation to hate crimes?

Oliver Heald Portrait The Solicitor-General
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At present statutory provisions cover cases motivated by hostility or prejudice based on race, religion, sexual orientation, disability or transgender identity, but none the less it is possible for a judge to sentence on the basis that the crime was motivated by hate of a different kind, as Judge Russell did in the case the hon. Lady mentioned, and to treat that as an aggravating feature. I think the hon. Lady is arranging a meeting at the House of Commons tomorrow at which the Sophie Lancaster Foundation will be having a listening event.