Oral Answers to Questions
Oliver Heald Excerpts(8 years, 9 months ago)
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Robert Halfon
I genuinely cannot understand the premise of the hon. Lady’s question. She should be proud, as are councils in the north of England, that the northern powerhouse is devolving powers right across the region. We are one of the most radical Governments when it comes to devolution. Her councils in the north support it, and I am sad that she does not.
Sir Oliver Heald (North East Hertfordshire) (Con)
6. What assessment he has made of the effectiveness of the Infrastructure and Projects Authority since its establishment as a merged entity.
The Chancellor of the Duchy of Lancaster (Mr Oliver Letwin)
As the Infrastructure and Projects Authority has been in existence only for the past two months, it is a little early to give the House an evaluation of its effectiveness. However, I am completely confident that by combining Infrastructure UK and the Major Projects Authority, we will be better able to monitor from beginning to end the projects that the Government are engaged in.
Sir Oliver Heald
Following Infrastructure UK’s success with Crossrail, does my right hon. Friend think that the pooling of expertise in the new merged body bodes well for Crossrail 2, which will have a positive effect for people in Hertfordshire?
Mr Letwin
Broadly, yes. Of course, the final decision on Crossrail 2 will be made only following the recommendations of the National Infrastructure Commission chaired by Lord Adonis, but I am confident that when we get there, and if Crossrail 2 does occur, the fact that the IPA will be in there from the beginning right until the last moment will improve the project’s prospects of being delivered to schedule and on budget.
European Council
Oliver Heald Excerpts(8 years, 10 months ago)
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The Prime Minister
What I would say to the hon. Gentleman—and to everyone—is that we must examine what the alternatives are, how much uncertainty there will be, and how long these processes will take. Therein lies the importance of this decision for businesses, families and people’s prospects up and down our country.
Sir Oliver Heald (North East Hertfordshire) (Con)
Does the Prime Minister agree that one of the key benefits of his agreement is to give legal clarity to Britain’s special status within the EU? He will be aware of the uncertainties there have been for those advising the Government on the law, which this resolves. Does he also agree that it is wrong to say that this is not legally binding when it is, and that it is irreversible unless we choose otherwise? For those who want to look at the legal niceties, I point to a very long opinion by Professor Sir Alan Dashwood, Queen’s Counsel, the leading EU constitutional lawyer in this country, which can be read on the Henderson chambers website.
The Prime Minister
I am grateful to my hon. and learned Friend for what he has said, given that he was a senior Law Officer in the Government. I have also listened very carefully to my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), who could not have been clearer on this point. I have also read the judgment by Dashwood and seen the Government’s own legal advice, all of which says that this is legally binding and irreversible. People who question that should look at the Danish protocol, which has been in existence and worked very well for 23 years.
UK-EU Renegotiation
Oliver Heald Excerpts(8 years, 10 months ago)
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The Prime Minister
I have been very clear. If we can achieve this negotiation, I will work very hard to convince people that Britain should stay in a reformed European Union. That would be very much in our national interest. I am not an expert on JK Galbraith, but when people have serious concerns—as people in this country do about the levels of immigration—it is right to try to act to address them, which is part of what this is about.
Sir Oliver Heald (North East Hertfordshire) (Con)
I welcome the Prime Minister’s substantial progress towards an agreement that would allow us to stay in the EU, but does he agree that one of the most important aspects of such an agreement is that it is legally binding and provides a lot more clarity about Britain’s role within the EU—in terms of the new dispensation, and of existing treaties? That makes it extremely powerful from a legal point of view as it can be revoked only if we agree. It therefore has embedded force to it.
The Prime Minister
We have heard from the former Attorney General and the former Solicitor General, who have great legal expertise. The point that they make is right: this agreement will be legally binding on member states as a matter of international law. First, of course, it has to be agreed, but once it has been agreed, my hon. and learned Friend is absolutely right that it would be irreversible because it could be amended or revoked only if all member states, Britain included, decided to reverse it. Therein lies its irreversibility.
Oral Answers to Questions
Oliver Heald Excerpts(10 years ago)
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The Prime Minister
I have studied the report carefully, and it says that the rise in adult poverty outlined by the report occurred on Labour’s watch. Since the election, we have seen 600,000 fewer people in relative poverty, 670,000 fewer workless households, and 300,000 fewer children in poverty. The other point about the report—I am sure the House will want to hear this—is that it covers only the income figures up to April 2013. It says:
“since the middle of last year, there have been huge increases in employment, which will surely impact on incomes and risks of poverty.”
That is absolutely right.
Sir Oliver Heald (North East Hertfordshire) (Con)
Q3. In my constituency, we are very proud of local boy, Lewis Hamilton. Will the Prime Minister join me in congratulating Lewis, Ross Brawn, who helped to design the car, and Mercedes? Does he agree that the British motor racing industry not only gives us a lot of entertainment, it also gives us jobs, engineering skills and British business success?
The Prime Minister
I certainly join my hon. and learned Friend in praising Lewis Hamilton. He is a young man with nerves of steel and huge ability, and he made everyone in our country proud. But my hon. and learned Friend is right: we should not just be proud of the drivers; we should be proud of the industry. All 19 of the Formula 1 races last year were won by British-built cars. This is an enormous industry for our country. There are 43,000 people employed in Oxfordshire alone in this industry. It is also worth remembering that it is not just Formula 1. I had a reception at No. 10 Downing street for the whole motorsport industry, and it is important to remember that that goes all the way from go-karting up to Formula 1, and Lewis Hamilton started off in a go-kart.
Oral Answers to Questions
Oliver Heald Excerpts(10 years, 5 months ago)
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Bridget Phillipson (Houghton and Sunderland South) (Lab)
4. What steps he plans to take to ensure that child abuse offences are prosecuted successfully.
The Solicitor-General (Oliver Heald)
The Crown Prosecution Service prosecutes child abuse cases robustly. In 2013-14, the number of such prosecutions rose by 440 to 7,998, with a conviction rate of 76.2%. Steps to prosecute the cases include piloting pre-recorded cross-examination of children, prioritising cases involving children aged 10 and under, and applying a new approach to child sexual abuse cases generally.
Bridget Phillipson
I am grateful for that answer. The Director of Public Prosecutions recently announced a series of measures regarding cases of rape because of the decline in referrals from the police to the CPS. Will such measures be considered in cases of child sex abuse, given that there has been a decline in referrals of such cases from the police to the CPS since 2010-11?
The Solicitor-General
The emerging evidence is that the referrals are beginning to increase, which is good news. However, there are new guidelines, issued last October, for child sex abuse cases, which provide that there should be specialist prosecutors; a focus on the allegation, not the victim: early third-party material; and a challenging of myths and stereotypes.
Sir Alan Beith (Berwick-upon-Tweed) (LD)
Given that historic child abuse cases are being revisited because there is a chance of successful prosecution, can the Solicitor-General clarify the policy of his office and of the CPS on the destruction of documents, and what has been the policy over the years?
The Solicitor-General
As my right hon. Friend will know, the Home Secretary announced yesterday an inquiry that will look into the way in which paedophilia and institutions have operated. A separate inquiry, which he knows about, is looking into the documents and dossiers, including those of my former hon. Friend Geoffrey Dickens. A lot of work is being done to discover the history. As far as the present situation is concerned, the Government are for maximum security and care in looking after documents and want to see transparency in everything they do.
Emily Thornberry (Islington South and Finsbury) (Lab)
May I press the Solicitor-General on that answer? He is aware that there is acute public concern at the suggestion that Government Departments, particularly the Home Office but also the Director of Public Prosecutions, failed to act on a series of child abuse allegations brought to their attention by the late Geoffrey Dickens MP. It has been reported that although documents outlined in those allegations were presented to the DPP in 1983, the CPS can no longer locate them. The Home Secretary has instigated an inquiry, but perhaps the Solicitor-General can clarify a couple of matters now.
What is CPS policy on document retention from the DPP’s office in the early 1980s, and does the apparent disappearance of the documents suggest that an exception was made to that policy, or was it breached? What explanation has the Solicitor-General received about the absence of the files? What steps has the CPS taken to try to recover the documents, and can he say what action, if any, was taken regarding the allegations by the DPP or the CPS in 1983 or at any time thereafter?
Mr Speaker
Indeed, but this can be dealt with now. What I was gently, diplomatically, politely suggesting to the hon. Lady was that one question ordinarily suffices, and it is not necessary to have five in one go.
The Solicitor-General
I do not think I will be able to answer all those questions, but I will certainly write to the hon. Lady when I have reflected on all the detailed points she made.
I want to make the point that the sort of decisions made in 1970 or 1998 occurred under a very different approach from the courts. I think the hon. Lady would accept that since that time the maximum sentences for indecent assault have been increased; the way in which corroboration is dealt with by the courts has changed; and the ways in which character evidence and historical allegations are looked at have changed. For now, I would say that in the current situation the Crown Prosecution Service makes the prosecution of these cases a top priority, and there are new guidelines and all the sorts of approaches I have already mentioned. We are living in a very different world, but I will write to her on the detailed points.
Mr Speaker
If lawyers were paid by the word, they would be multi-millionaires by now. I would like to get through a bit more, preferably with the co-operation of the hon. Member for Somerton and Frome (Mr Heath), in the form of an exceptionally pithy question.
Mr David Heath (Somerton and Frome) (LD)
Will Law Officers take every available step to ensure that public servants and former public servants are not prevented, by terms of severance agreements or the Official Secrets Act, from providing information on which the inquiry is contingent?
The Solicitor-General
As the Home Secretary said yesterday, it is the Government’s intention to have a transparent inquiry, and the Attorney-General’s office stands ready to support that.
Nic Dakin (Scunthorpe) (Lab)
6. What steps he is taking to ensure that offences against bribery laws are prosecuted successfully.
Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)
7. What recent estimate he has made of the total value of criminal assets subject to Serious Fraud Office confiscation orders that are hidden overseas.
The Solicitor-General (Oliver Heald)
The Serious Fraud Office estimates that, as at today, approximately £32.1 million of criminal assets subject to confiscation orders in SFO cases are hidden overseas. Sophisticated criminals often transfer their assets to other jurisdictions and misuse legal ownership structures to make recovery difficult, but since 2009 the SFO has managed to recover £76 million for victims of crime.
Cathy Jamieson
Given the amount of money criminals have hidden overseas that is owed to the SFO, will the Solicitor-General support Labour amendments to the Serious Crime Bill to increase the power of prosecutors and increase penalties for suspects who hide their assets overseas?
The Solicitor-General
As the hon. Lady knows, that Bill is part of the Government’s serious and organised crime strategy, and it includes measures to strengthen the Proceeds of Crime Act 2002 and enhance our enforcement powers during the fourth parliamentary Session. Of course the Government will always look at what amendments are and whether they improve the situation, and I am sure that will be case in this matter, as always.
Robert Jenrick (Newark) (Con)
8. What the Crown Prosecution Service is doing to ensure that adequate support is given to vulnerable witnesses in cases of sexual abuse or domestic violence.
Oral Answers to Questions
Oliver Heald Excerpts(10 years, 7 months ago)
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Rehman Chishti (Gillingham and Rainham) (Con)
7. What steps the Crown Prosecution Service is taking to increase the number of prosecutions for human trafficking.
The Solicitor-General (Oliver Heald)
The Crown Prosecution Service is supporting victims, strengthening investigations, raising awareness among front-line professionals, and improving data collection. The data for 2013-14 show an increase in the number of defendants prosecuted. The CPS is actively involved in the development of provisions in the Government’s draft Modern Slavery Bill.
Jack Lopresti
Does my hon. and learned Friend agree that the forthcoming Modern Slavery Bill will play a significant part in moving forward to prosecute those involved in the dreadful offence of human trafficking?
The Solicitor-General
Yes, I very much agree. The forthcoming Bill will play a vital role in tackling the abhorrent practices of human trafficking and modern slavery. It will strengthen the law and protect and support victims. I am a member of the inter-ministerial group, and my officials and the CPS have been closely involved in developing these measures under the leadership of the Home Secretary, who is widely admired for her stance on this issue.
Karl MᶜCartney
Does my hon. and learned Friend agree that an important part of the process of increasing the number of prosecutions for human trafficking is to ensure that there is sufficient support for victims of this terrible crime? What further support is the CPS providing to victims in this regard?
The Solicitor-General
Yes, I entirely agree. A focus on supporting victims, stronger prosecutions and better data collection is key. In December, the Director of Public Prosecutions held a meeting with voluntary bodies and others, and he has produced an action plan that is very much focused on supporting victims.
Rehman Chishti
What steps are being taken to improve international co-operation to increase prosecutions for human trafficking?
The Solicitor-General
My hon. Friend has raised this issue before, and it is very important. The new National Crime Agency has a focus on organised crime gangs at a regional, national and international level. The Crown Prosecution Service has officials in other countries working to strengthen capacity and ensure that prosecutions are properly evidenced. Joint investigation teams are an important feature. On 9 April at the Vatican, the Home Secretary set up the Santa Marta group, which is a group of senior enforcement officers from across Europe and the world. This was highly praised by Cardinal Parolin of the Vatican and by the United Nations.
Alison Seabeck (Plymouth, Moor View) (Lab)
What use does the CPS make of the National Crime Agency’s database to identify victims of human trafficking in order to ensure that any prosecution that follows takes into account the relevance of the fact that they have been trafficked?
The Solicitor-General
The hon. Lady makes an important point. There needs to be a very strong effort to ensure that the victims of trafficking are treated as such in cases where it is possible that they should be prosecuted, if they are victims rather than the main perpetrators. All the resources of the sort she mentions, and others, are to be looked at. I think she will be pleased when she sees the Modern Slavery Bill in its new form.
Diana Johnson (Kingston upon Hull North) (Lab)
What does the Solicitor-General think about extending the period of reflection from the 45 days that are currently allocated to a longer period to ensure that there is full support for victims of trafficking who may then be more willing to be witnesses in any prosecutions?
The Solicitor-General
The hon. Lady will appreciate that that is not a decision for the Law Officers. It is important, however, that all support for victims should be considered within the inter-ministerial group, and I will certainly ensure that it is fully considered. In other terms, I cannot go much further.
Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
Nigeria is the largest source country for people trafficked into the UK. Given that there is widespread fear that the girls who were kidnapped a month ago could become victims of trafficking, what special efforts are the Government making to work with and support the Government of Nigeria, and agencies there, to prevent that from happening?
The Solicitor-General
As the hon. Lady may know, the Crown Prosecution Service has had staff in Nigeria and has worked hard on capacity building. The response to the Boko Haram outrage is being dealt with by other Departments, but I know that right across the House there will be very great concern for those girls and their families, and that is certainly something I share.
Fiona Bruce (Congleton) (Con)
2. What steps he is taking to ensure that cases of non-compliance with the law on abortion by practitioners and providers are prosecuted.
Guy Opperman (Hexham) (Con)
9. What steps the Crown Prosecution Service is taking to prosecute cases involving female genital mutilation.
The Solicitor-General (Oliver Heald)
The first prosecution is under way. Lead prosecutors have been appointed for each CPS area. The Director of Public Prosecutions and I have written to Ministers in the Home Office, the Ministry of Justice and the Department of Health to suggest ways in which the criminal law could be strengthened.
Guy Opperman
I urge the Solicitor-General to take note of the Home Affairs Committee report on this issue and to target the local communities in this country and abroad where this abhorrent crime is increasingly taking effect.
The Solicitor-General
My hon. Friend is right that a prosecution is, in a sense, a failure because we want to diverge from this activity, stop it happening and change minds in communities. That is the essence of what the Government are trying to achieve, although we have to have prosecutions where necessary and we have a strong action plan to achieve them.
Oral Answers to Questions
Oliver Heald Excerpts(10 years, 8 months ago)
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The Solicitor-General (Oliver Heald)
The last external assessment was completed by the National Audit Office as part of its report on confiscation orders in December 2013.
Mr Hanson
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?
The Solicitor-General
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 (Islington South and Finsbury) (Lab)
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?
The Solicitor-General
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 (Colne Valley) (Con)
2. What assessment he has made of the legal implications for the UK of Russia’s recognition of Crimea as a sovereign state.
Paul Flynn (Newport West) (Lab)
4. What plans he has to reduce the running costs of the Law Officers’ departments.
The Solicitor-General (Oliver Heald)
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
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?
The Solicitor-General
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 (City of Chester) (Con)
5. What progress has been made on commencing new inquests into the deaths at Hillsborough.
Paul Blomfield (Sheffield Central) (Lab)
8. What steps the Director of Public Prosecutions is taking to improve the timeliness with which charging decisions are reached in cases of rape.
The Solicitor-General (Oliver Heald)
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
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?
The Solicitor-General
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
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?
The Solicitor-General
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 (Gillingham and Rainham) (Con)
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?
The Solicitor-General
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 (Walsall South) (Lab)
What steps is the Solicitor-General taking to support victims in rape cases?
The Solicitor-General
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 (West Lancashire) (Lab)
7. What recent discussions he has had with the director of the Serious Fraud Office on funding arrangements for that agency.
Kerry McCarthy (Bristol East) (Lab)
9. What discussions he has had with the Crown Prosecution Service on prosecuting crimes of violence against subcultures as hate crimes.
The Solicitor-General (Oliver Heald)
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
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?
The Solicitor-General
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.
Oral Answers to Questions
Oliver Heald Excerpts(10 years, 10 months ago)
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Mrs Mary Glindon (North Tyneside) (Lab)
5. How many local authorities have signed up to the information-sharing protocol for cases of child abuse launched in November 2013 by the Director of Public Prosecutions.
The Solicitor-General (Oliver Heald)
The national protocol came into force on 1 January this year. The aim is for all parties to sign a local protocol as soon as possible. The Crown Prosecution Service intends to carry out a survey of all CPS areas to monitor progress.
Mr Hanson
If the voluntary approach does not produce the goods that the Minister and the Opposition wish to see, will he consider making it compulsory for local authorities to sign such protocols, given the importance of the issue? In particular, will he discuss it in my area with the National Assembly for Wales?
The Solicitor-General
It is very important that local protocols should be signed so that there is a clear, seamless process and when an investigation starts the information is shared with the other authorities. A draft protocol has now been sent to contacts in all the local authorities in the right hon. Gentleman’s area, and discussions are continuing. It is thought that it will be possible to have the protocol signed by the middle of March.
Mrs Glindon
Given that openness and information sharing are key to prosecuting these cases, what assurance can the Solicitor-General give that the Government will resist calls to introduce suspect anonymity in cases of historical child abuse and rape?
The Solicitor-General
On the subject of information sharing, tomorrow the judges in Newcastle are meeting all the local authorities to try to agree a way forward. There are certainly no current plans to change the anonymity rules. If the hon. Lady wants to discuss this with me, I would be more than happy to do so.
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
My hon. and learned Friend knows how important information sharing is in this very sensitive area. He is no doubt aware of the successful conviction of the former head teacher of Caldicott preparatory school the week before last in my constituency. Will he join me in paying tribute to Mr Tom Perry, who revealed his own historical child abuse to enable this prosecution to go forward? What encouragement can he give to Mr Perry and his colleagues as regards the Government looking favourably on mandatory reporting for regulated activities, which could help to protect more of our children in future?
The Solicitor-General
This was an horrendous case, and, like my right hon. Friend, I pay tribute to Tom Perry for his courage. She is absolutely right about information sharing and, as I said in response to the right hon. Member for Delyn (Mr Hanson), it is important to have these local protocols in place so that information is shared expeditiously from the very beginning. We believe that that will happen; certainly, very good progress is being made. We will look at the results of the survey and at that point we will be able to see where we stand.
Mr David Winnick (Walsall North) (Lab)
On child abuse, is any progress being made on prosecutions for female genital mutilation? Is the Solicitor-General aware of the disappointment felt by so many people all round the country that so far it seems that this issue is not being taken seriously enough? Can we expect prosecutions in the near future?
The Solicitor-General
I thank the hon. Gentleman for that question, because this is a very important issue. Ministers met non-governmental organisations last week to discuss how to make progress. A number of things are happening. He will know that the Crown Prosecution Service is currently reviewing 10 cases, and it is very much hoped that it will be possible to ground a prosecution. However, the key thing is that one does need evidence, so it is very important that the information gathering for the sort of evidence that is needed for a successful prosecution is found and pursued. Every effort is being made, and I have recently visited all the units concerned.
Emily Thornberry (Islington South and Finsbury) (Lab)
Child abuse and rape prosecutions are falling because the agencies are not working together. I have uncovered the fact that local authorities are not disclosing information to police and prosecutors and the fact that the police are referring fewer and fewer cases to prosecutors. We now need to know what the Solicitor-General and his brother and sister Ministers are going to do to show some leadership on this issue. Are the Government doing nothing about it because violence against women and girls is not a priority for them, or because the 27% cuts to the CPS and the loss of a quarter of its lawyers mean that the Solicitor-General is resigned to the idea that more and more cases are going to be dropped?
The Solicitor-General
It is sad to hear the hon. Lady traduce the Crown Prosecution Service in that way. The fact is that we have the highest ever level of conviction rates for rape, for domestic violence and for child abuse, and the people who are prosecuting these cases are doing an excellent job. She knows that we are investigating fully, through a six-point plan, why referrals are falling in some parts of the country, but the idea that the Crown Prosecution Service can be criticised when it is doing the best it has ever done in terms of conviction rates is quite wrong.
Jake Berry (Rossendale and Darwen) (Con)
2. What recent discussions he has had with the Treasury Solicitor on the development of a shared legal service. [R]
Priti Patel (Witham) (Con)
4. What recent discussions he has had with the Crown Prosecution Service on the use of diminished responsibility defences in domestic homicide cases.
The Solicitor-General (Oliver Heald)
The CPS is working to strengthen its approach to domestic homicide cases, particularly where the partial defence of diminished responsibility is raised.
Priti Patel
My hon. and learned Friend will be aware that domestic homicide trials where the defence is one of diminished responsibility deteriorate into character assassinations of the victim, rather than focusing on the facts of the case. Will he say what steps the CPS is taking to mitigate that issue, particularly to reduce the trauma to victims and their families?
The Solicitor-General
I pay tribute to my hon. Friend for her work on homicide as a subject, and I agree with her. The Crown Prosecution Services needs to take and will take a challenging attitude in three areas. The first is unwarranted attacks on the deceased’s character. The second is the need to emphasise the context of domestic violence, which is an aggregating feature, and to bring out evidence about the true dynamics of the relationship, so that such cases are treated as cases of domestic violence. The third is that the CPS should be aware that the existence of a recognised mental condition does not necessarily mean that it amounts to an abnormality of mental functioning sufficient for grounds of diminished responsibility.
Fiona Mactaggart (Slough) (Lab)
The “Domestic Homicide Reviews” lessons learned paper published last year stated that the CPS was “looking to strengthen guidance” for prosecutors about bail applications. Has that happened, because people on bail too often go on to reoffend?
The Solicitor-General
The guidance on that area is being worked on at present, but I will certainly ensure that the hon. Lady’s concern is reflected back.
Mr Robert Buckland (South Swindon) (Con)
The law of diminished responsibility very often depends on expert evidence from psychiatrists. In complex cases, decisions about such important offences are far too often made at the last minute. Is my hon. and learned Friend happy about existing protocols in relation to making sure that psychiatric evidence can be agreed at the earliest possible opportunity, and that the consequences of important decisions based on that evidence can be explained in ordinary English to the families of the victims?
The Solicitor-General
My hon. Friend makes the very important point that the bereaved should meet the prosecutor post-charge and pre-trial. As I said a moment ago, the troubled issue of the meaning of a recognised mental condition in these circumstances should be examined in a challenging way by Crown prosecutors.
Keith Vaz (Leicester East) (Lab)
These are very serious and complex cases. Does the Solicitor-General propose to look at sentencing guidelines for cases where it is found that any of the parties involved suffers from a mental illness?
The Solicitor-General
As the right hon. Gentleman will know, there are guideline cases dealing with manslaughter. The judge has to have discretion because, as he will know only too well, there are cases in which the mental condition is suddenly there and an incident occurs that is totally out of character for the accused. In those cases, adequate discretion needs to be available.
David Wright (Telford) (Lab)
6. What recent steps he has taken to promote awareness among prosecutors of the tools available to secure the removal from the UK of low-level foreign offenders.
The Solicitor-General (Oliver Heald)
The CPS has led progress in implementing digital working with other criminal justice agencies. It is estimated that most police forces are now transferring 90% of case files electronically and that savings of £30 million a year can be achieved by 2015-16.
The Solicitor-General
Yes, all parts of the criminal justice system are embracing digitalisation, with Essex and Chelmsford playing a key role. Essex police lead on the development of the Athena digital police system—the largest ever collaboration on a police IT project, taking a case from report to court—and Chelmsford is piloting court wi-fi and clickshare video.
Mr Speaker
I am sure that the right hon. Gentleman is pleased to represent the new white heat of the technological revolution.
Oral Answers to Questions
Oliver Heald Excerpts(10 years, 11 months ago)
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Susan Elan Jones (Clwyd South) (Lab)
7. If he will take steps to ensure that the causes of the recent decline in prosecutions for rape, child abuse and domestic violence are investigated.
The Solicitor-General (Oliver Heald)
In September the former Director of Public Prosecutions, Sir Keir Starmer, chaired a meeting with the Home Office and national police leaders, the outcome of which was a six-point action plan to investigate and increase the number of rape and domestic violence cases that are referred by the police to the CPS for charging decisions.
Julie Elliott
What recent discussions has the Solicitor-General had with Home Office Ministers about the fall in the number of referrals of rape, domestic violence and child abuse cases to the CPS?
The Solicitor-General
I have not engaged in any specific bilateral discussions, but I am a member of a number of Government committees that discuss these matters, including the committee that deals with violence against women and girls. There are falls in the number of referrals, which the six-point action plan is addressing, but it is worth pointing out that the rates of convictions for domestic violence, rape and child sex abuse are at record highs.
Susan Elan Jones
What has been the impact of the closure, under the present Government, of 38 out of 39 joint police-CPS offices nationwide on the close co-operation between police and prosecutors that is so vital in relation to this very sensitive subject?
The Solicitor-General
I agree that close co-operation between the police and the Crown Prosecution Service is important. As the hon. Lady will know, there are rape and serious sexual offence units that are combined. However, there are advantages in a more efficient system and a cluster of excellence in the CPS, and the view is that, on balance, the way in which the system is currently developing is more efficient and effective.
Tim Loughton (East Worthing and Shoreham) (Con)
I congratulate my right hon. and learned Friend the Attorney-General on the progress that has been made in ensuring that the court process is less traumatising for victims, especially victims of child sexual exploitation. The greater profile that is now given to some of those cases is a sign of that success.. However, will my hon. and learned Friend tell me what work he is doing with, in particular, children’s charities and child protection professionals with the aim of communicating to some of the victims the information that the court process is now less traumatising and more user-friendly, so that more of them will be encouraged to take their cases all the way to court and appear as witnesses, rather than being scared off and allowing the perpetrators to get off?
The Solicitor-General
The inter-departmental committee on violence against women and girls, which I mentioned earlier, is involved with representatives of various organisations who attend its meetings, so there is that connection. The new guidelines on child sex abuse that were issued last October are intended to bring about a big change in the way in which such cases are dealt with. They recommend an holistic approach and consideration of the credibility of the allegation rather than just the credibility of the witness, and I think that that will help a great deal.
Dr Julian Huppert (Cambridge) (LD)
In July 2012, Canadian police closed a child abuse network. They released hundreds of children and passed 2,345 names of suspects to British police, who then did absolutely nothing for 16 months. What assessment has the Solicitor-General made of the effect that that has had on the number of successful prosecutions?
The Solicitor-General
The way in which the police investigate cases is independent. The hon. Gentleman could raise it with the Home Secretary, but it is not dealt with by the Crown Prosecution Service. The new CPS guidelines constitute a major step forward, as do the new national network of rape and child sex abuse prosecutors, which provides a source of expertise on such offences in each area. That will lead to more effective prosecutions.
Emily Thornberry (Islington South and Finsbury) (Lab)
One of the reasons for the decline in the number of prosecutions for child abuse is that the police are not referring as many cases to the Crown Prosecution Service despite the fact that the numbers remain constant, but the other major factor is that local authorities are not co-operating with the Crown Prosecution Service. Was the Minister as shocked as I was to discover that in the past three years two thirds of councils have refused to disclose information to the police and to the CPS in child abuse cases? Does he think in future he should monitor this, rather than leave it to me, through the Freedom of Information Act, to discover that information, and will he consider making disclosure compulsory in future if this situation does not improve?
The Solicitor-General
In fact, the Attorney-General and I have been concerned about this issue and as a result Her Majesty’s inspectorate of the CPS has undertaken a report on disclosure, which was published recently. It is a matter that needs to be addressed. Having said that, the new protocol and the way in which the various authorities are coming together on this is encouraging. [Interruption.] The hon. Lady says something from a sedentary position which I cannot hear, but I assure her that all efforts are being made—
The Solicitor-General
I do not want to get into pantomime mode and say, “Oh yes they are,” but the fact of the matter is that considerable progress is being made.
Mr Marcus Jones (Nuneaton) (Con)
5. What steps the Crown Prosecution Service is taking to increase the rate of successful prosecutions of cases of online stalking and harassment.
The Solicitor-General (Oliver Heald)
The CPS has published guidance for its prosecutors on stalking and harassment cases and on prosecuting cases involving communications sent via social media. In addition, all prosecutors must complete an online e-learning course on cyber-stalking, non-cyber stalking and harassment.
The Solicitor-General
Yes, I am happy to do that. My hon. Friend will recall that just over a year ago the Protection from Harassment Act 1997 amendment provisions dealing with stalking and with stalking leading to fear of violence and alarm and distress were introduced. Since that time new guidance has been brought forward dealing with the way in which such offences are to be identified and with harassment, and also specifically how they should be dealt with if they involve the social media. Some 438 cases have been prosecuted so far under the new law. That figure is not necessarily too low given that we are at a very early stage, but it is important that this should be driven forward so a joint protocol is being produced by the CPS and the Association of Chief Police Officers. That is due in spring 2014 and it will set out in more detail how both sides of the criminal justice service should perform.
Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
Those of us who campaigned for the new law are disappointed in as much as we now have evidence of under-charging by the CPS using the old 1997 Act as it was, and also, regrettably, many Crown prosecutors have not been sufficiently trained to implement the new law. Will the Minister please have a word with the Director of Public Prosecutions and ensure this is put right, because otherwise we will be failing many thousands of people?
The Solicitor-General
May I start by paying tribute to the right hon. Gentleman and his all-party group on their work in this area? These two new offences, which were introduced just over a year ago, are an important step forward. It is too early to say whether it is disappointing that the number of offences so far charged is 438 rather than a higher figure, because we want to see how this goes forward from here, but there is no lack of drive or push in trying to deal with these offences, which are horrific and require a very firm approach, and I think this joint protocol will certainly help. If the right hon. Gentleman wants to discuss it with me, I will be more than happy to do so.
Robert Flello (Stoke-on-Trent South) (Lab)
6. What steps he is taking to promote awareness of the laws on contempt of court among users of social media.
Oral Answers to Questions
Oliver Heald Excerpts(11 years, 1 month ago)
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Fiona Bruce (Congleton) (Con)
3. What steps the Director of Public Prosecutions is taking to raise awareness among prosecutors of best practice in prosecuting human trafficking offences; and whether current legislation is being used to prosecute such cases effectively.
The Solicitor-General (Oliver Heald)
Guidance is issued to prosecutors by the Crown Prosecution Service and supported by an e-learning programme. Cases are being prosecuted effectively, and the Director of Public Prosecutions is holding a round table on human trafficking on 4 December for police and experts to strengthen investigations and prosecutions.
Fiona Bruce
Does the Solicitor-General agree that prioritising the issue of child sex tourism is critical and that robust action should be taken to apprehend, prosecute and enforce legislation against child sex tourists, as highlighted by the Stop it Together campaign recently launched by the International Justice Mission?
The Solicitor-General
I congratulate my hon. Friend and the all-party group on human trafficking and modern day slavery on their involvement and the campaign. New legislation came into force on 6 April extending the territorial jurisdiction to enable the prosecution of cases of trafficking where victims have been trafficked anywhere in the world. The CPS and I are committed to bringing perpetrators to justice.
Fiona Mactaggart (Slough) (Lab)
The Solicitor-General will be aware of the landmark case of L and others, decided by the Court of Appeal in May, which said that victims of trafficking should not be prosecuted, yet if I visit our prisons, I see in jail young Vietnamese trafficked to Britain to be cannabis farmers. What is he doing about that? Will he meet the Secretary of State for Justice to get those innocent victims of trafficking freed?
The Solicitor-General
The Inter-Departmental Ministerial Group on Human Trafficking was set up for the purpose of liaising across Government and has met very recently. The hon. Lady raises an important point: victims of trafficking should not be prosecuted for offences that arise from that. Of course, there can be cases that do not arise from their trafficking where they may end up before the courts, but the principle that she sets out and which the Court has adumbrated is one that the Government accept.
Mr Philip Hollobone (Kettering) (Con)
Given the international nature of human trafficking, has the Solicitor-General looked for examples of best practice from other countries around the world that best prosecute human traffickers and from which we might learn valuable lessons?
The Solicitor-General
My hon. Friend will know that the Government have liaison magistrates and others around the world helping to build capacity in that area. We look at the international experience, and it is important to do so; but having said that, the number of people prosecuted in this country for such human trafficking offences is increasing, and we are determined that that should continue.
Seema Malhotra (Feltham and Heston) (Lab/Co-op)
Tackling human trafficking requires getting tough on perpetrators and, as we have talked about, providing more support for victims. Given that two thirds of trafficked children rescued then go missing again, why will the Government not now sign up to the EU directive on human trafficking, which would ensure that independent guardians were appointed for child victims of trafficking?
The Solicitor-General
The hon. Lady is right that we should support the victims of trafficking, and a great deal of work is done to achieve that—for example, she will know of the work of the Salvation Army. I was very impressed, visiting the north-west area of the CPS, by the work being done and the substantial support being given to witnesses in order to achieve successful prosecutions. That work needs to continue and be spread.
Mr Nigel Dodds (Belfast North) (DUP)
Has the Solicitor-General had, or does he plan to have, any consultation with the Northern Ireland authorities about the excellent legislation on human trafficking that is currently before the Northern Ireland Assembly? It would effectively increase the number of prosecutions of people who commit this terrible crime.
The Solicitor-General
As the right hon. Gentleman will know, his hon. Friend the Member for Strangford (Jim Shannon) raised this issue with me at the last Question Time. Since then, we have corresponded, and we are certainly liaising with the Northern Ireland authorities who, in fact, sit on the inter-ministerial group.
Priti Patel (Witham) (Con)
4. What meetings he has had with the new Director of Public Prosecutions since her appointment.