Asked by: Paul Flynn (Labour - Newport West)
Question to the Attorney General:
To ask the Attorney General, what criteria he uses when deciding whether to make public legal advice made available to Government; and on what occasions such legal advice has been made public since May 2015.
Answered by Jeremy Wright
It is a longstanding constitutional convention, set out in the Cabinet Manual and the Ministerial Code, that the fact that the Law Officers have advised or have not advised, and the content of their advice, must not be disclosed without their authority. The convention exists for fundamental constitutional reasons and to promote the public interest in the Rule of Law. Whether the Law Officers have advised and the content of that advice is part of the collective Cabinet decision-making process. The convention reflects the public interest in collective Cabinet responsibility. It also reflects the fact that Law Officers’ advice is confidential legal advice and, as with all professional legal advice, it is subject to legal professional privilege. In addition, it acknowledges the feature of Law Officers’ advice which sets it apart from other legal advice, namely that it is sought in relation to issues of particular complexity, sensitivity and constitutional importance. It is a matter of constitutional importance that the provision of advice in these circumstances should be protected in the public interest.
A decision to disclose would require an exceptional countervailing public interest. No such case has arisen since May 2015.
Asked by: Paul Flynn (Labour - Newport West)
Question to the Attorney General:
To ask the Attorney General, how many people were prosecuted for possession of cannabis in each of the last 10 years.
Answered by Robert Buckland
The Crown Prosecution Service (CPS) maintains no central record of defendants prosecuted for the offence of possession of cannabis. This information could only be obtained by examining CPS case files, which would incur a disproportionate cost.
Asked by: Paul Flynn (Labour - Newport West)
Question to the Attorney General:
To ask the Attorney General, what assessment he has made of the recent report by the US Department of Justice containing indictments against several senior football officials for corruption, bribery and racketeering in the British Overseas Territories of British Virgin Islands, Cayman Islands and the Turks and Caicos Islands; and what discussions he has had with (a) the Secretary of State for Justice and (b) the Serious Fraud Office about potential prosecution of people named in that report.
Answered by Robert Buckland
The Serious Fraud Office has been following closely the emerging allegations and holds material which it is actively reviewing.
I meet the Director and other Ministers frequently to discuss a variety of issues. However, as was the case with previous Administrations, it is not the Government’s policy to provide details of all such meetings.
Asked by: Paul Flynn (Labour - Newport West)
Question to the Attorney General:
To ask the Attorney General, what discussions he has had with the Crown Prosecution Service in respect of the possibility of prosecuting HSBC Bank for conspiracy to assist some of its customers to evade paying tax.
Answered by Robert Buckland
The Attorney General and I frequently meet representatives of the Crown Prosecution Service to discuss a variety of issues. However, as was the case with previous Administrations, it is not the Government’s policy to provide details of all such meetings.
Asked by: Paul Flynn (Labour - Newport West)
Question to the Attorney General:
To ask the Attorney General, what steps the Crown Prosecution Service is taking to prosecute payday money lenders under the Fraud Act 2006.
Answered by Oliver Heald
The Crown Prosecution Service (CPS) is not an investigative agency and will only bring cases to court that have been referred by the police or another Law Enforcement Agency.
The Financial Conduct Authority has regulatory responsibility for payday lenders along with other financial institutions and may either investigate criminal conduct themselves or refer it to another agency or force, as appropriate.
There has been recent publicity about the conduct of one particular payday lender, Wonga. It was widely reported that the Financial Conduct Authority are to refer a file to the police for consideration of whether a criminal investigation is appropriate. This followed the announcement that Wonga would pay £2.6 million in compensation, after sending letters from non-existent law firms to customers in arrears.
The CPS Deputy Head of the Specialist Fraud Division has met with the City of London Police to discuss this case. City of London Police are the national police lead in substantial fraud investigations. At this stage, the police have still to consider whether a criminal investigation is required and no advice has been sought from the CPS. Any referral to the CPS will be made to the Specialist Fraud Division.
Asked by: Paul Flynn (Labour - Newport West)
Question to the Attorney General:
To ask the Attorney General, what the total cost to his Department has been of challenging the decision of the Information Commissioner on the publication of letters from HRH the Prince of Wales.
Answered by Dominic Grieve
This case raises 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. Litigation initiated by The Guardian newspaper has taken place over a four year period including hearings in the Upper Tribunal, the High Court, and the Court of Appeal. Eight government departments have had to work together on the Government's response, at a total cost of £274,481.16 (exc VAT). These costs encompass all costs billed by the Treasury Solicitor, including Counsels' fees and disbursements. If we are successful in the next stage of legal proceedings the Government would seek to recover a substantial proportion of these costs from the Guardian.