Oral Answers to Questions

Oliver Heald Excerpts

Tuesday 26th March 2013 Commons Chamber

[Fiona Mactaggart (Slough) (Lab)]

2. What assessment he has made of the effectiveness of prosecutions for human trafficking and related offences; and if he will make a statement.

[The Solicitor-General (Oliver Heald)]

As a member of the interdepartmental ministerial group on human trafficking, I keep the effectiveness of prosecutions for that very serious form of crime under review. Wherever possible, the Crown Prosecution Service brings prosecutions for human trafficking or other related offences.

[Fiona Mactaggart]

Has the Solicitor-General asked for advice on the letter signed by a dozen charities on 28 April, which predicts that when the EU trafficking directive comes into force on 6 April the UK will be in breach of the following: the protection of victims during criminal procedures, access to compensation and legal assistance, and the provision of a guardian for trafficked children during legal proceedings? What is he going to do about that?

[The Solicitor-General]

As the hon. Lady will know—I hope she will forgive me—we do not, as Law Officers, explain when and where we have given advice. Her point is very important, however. Victims of human trafficking need to be identified and it is important that they should not be prosecuted or treated disrespectfully once that is known. That is one of the points being discussed in the interdepartmental ministerial group and she is right to highlight it.

[Mr Peter Bone (Wellingborough) (Con)]

My hon. Friend referred to the interdepartmental ministerial group. Is not one of the problems that there are lots of different Acts of Parliament? Would there be any merit in pulling all the different Acts together in a consolidation Act on modern day slavery?

[The Solicitor-General]

I pay tribute to my hon. Friend for his work in this area. It is possible to consider putting a number of laws into a consolidating statute, but the problem is that we tend as a House of Commons to say, “We have these laws. Do we want to spend time consolidating them when we might have other matters to deal with?” Taking such an action was recommended in the recent report from the Centre for Social Justice, however. I have discussed it with the authors and the interdepartmental ministerial group will consider it.

[Jim Shannon (Strangford) (DUP)]

Northern Ireland has had a number of convictions for human trafficking, and there are cases pending. Legislation will soon be introduced in the Northern Ireland Assembly by my colleague, Lord Morrow. Will the Solicitor-General outline the co-operation across all regions of the United Kingdom to tackle human trafficking?

[The Solicitor-General]

As the hon. Gentleman will know, there has been considerable co-operation and co-ordination of effort, particularly over intelligence and how those offences can be disrupted. Of course, there is an issue about the new National Crime Agency and exactly how it will operate—he will be aware of the situation and the ongoing discussions. It is important that there is that co-ordination of effort, which happens across the United Kingdom and the wider world, in trying to tackle the problem.

[Kevin Brennan (Cardiff West) (Lab)]

3. What recent assessment he has made of the success rate, measured by convictions, of investigations by the Serious Fraud Office.

--- Later in debate ---

[Diana Johnson (Kingston upon Hull North) (Lab)]

6. What recent assessment he has made of the effectiveness of the Crown Prosecution Service as a prosecutor of employers who evade the minimum wage.

[The Solicitor-General (Oliver Heald)]

The Crown Prosecution Service decides whether to prosecute national minimum wage cases, but the cases are investigated by Her Majesty’s Revenue and Customs. Since 2010, three cases have been referred to the CPS by HMRC, two of which resulted in convictions, most recently in February 2013, where the defendant was fined £1,000.

[Diana Johnson]

Shockingly, there were no prosecutions for minimum wage evasion in 2011 or 2012. If the Government are really serious about dealing with low-skilled immigration and its causes, why have they not been enforcing the minimum wage legislation properly?

[The Solicitor-General]

It is important to bear in mind that HMRC has two sorts of powers that it can use: criminal investigation, which we have already discussed, and the civil powers that enable it to look at the books and then to impose penalties and recover arrears. It is for HMRC to decide on the best way forward. The hon. Lady is right that these are important matters.

[John Cryer (Leyton and Wanstead) (Lab)]

Is the Solicitor-General aware that the number of relevant inspections by HMRC has been falling for the past two or three years? Does that not make the sort of convictions that he is talking about less likely in the future?

[The Solicitor-General]

These are important matters and I will pass the hon. Gentleman’s comments on to Treasury Ministers. It is important that this matter is taken seriously and that there is proper enforcement. The Government certainly consider it to be an important matter.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

7. What recent assessment he has made of the effectiveness of the Crown Prosecution Service in rape prosecutions.

[The Solicitor-General (Oliver Heald)]

The conviction rate for rape cases has increased from 59.4% in 2009-10 to 63.4% in the current year.

[Stephen Doughty]

I thank the Solicitor-General for his answer. However, in 2011-12, the CPS took no further action in nearly half the cases that involved a rape allegation that were referred to it by the police. What reasons have the Law Officers identified for that?

[The Solicitor-General]

It is difficult to prosecute some cases. Often, it is the word of one person against the word of another. It is important in those circumstances to ensure that the victim who is the witness is properly supported. In addition, it is vital to have corroborative evidence and to use it effectively. It is sometimes said that there are a lot of incorrect allegations, but recent research by the CPS shows that there are very few cases of that sort. There has been a big improvement in the conviction rate, but we cannot be complacent. As the hon. Gentleman says, it is important to tackle this matter.

Royal Assent

[Mr Speaker]

I have to notify the House, in accordance with the Royal Assent Act 1967, that Her Majesty has signified her Royal Assent to the following Acts and Measures:

Supply and Appropriation (Anticipation and Adjustments) Act 2013

Presumption of Death Act 2013

Mobile Homes Act 2013

Antarctic Act 2013

Welfare Benefits Up-rating Act 2013

Jobseekers (Back to Work Schemes) Act 2013

Diocese in Europe Measure 2013

Clergy Discipline (Amendment) Measure 2013.