Oral Answers to Questions

Philip Davies Excerpts

Tuesday 10th February 2015 Commons Chamber

[The Attorney-General]

I understand the hon. Lady’s concern and it is important to put on record that every case, regardless of the alleged crime, must be considered carefully by the CPS. The CPS must conduct the appropriate tests on evidence and on public interest, and these cases should be no different in that regard. We must certainly talk about resources, but we also need to talk about what also matters to victims, which includes being listened to in the first place, ensuring that the court process is as conducive as it can be to the giving of their evidence and ensuring that those who prosecute such cases are expert in what they do. All those things are important and we must ensure that the CPS is doing them. At the moment, the CPS is engaged in doing those things.

[Philip Davies (Shipley) (Con)]

In his answer, the Attorney-General made it clear that funding is an issue and that discussions are going on with the Chancellor. Given that, is it sensible for the Crown Prosecution Service to commit millions of pounds to a retrial of journalists from The Sun when there is clearly no realistic prospect of conviction? The money could be much better spent pursuing some of the historical sex abuse cases mentioned by the hon. Member for Lewisham East (Heidi Alexander). Are the cost of a trial and the likelihood of conviction together part of a public interest test that the Crown Prosecution Service should go through, because it seems to many people that a retrial is not justified on that basis?

[The Attorney-General]

My hon. Friend will understand that, as Attorney-General, I do not decide which cases should be prosecuted or commenced. He will also understand that whether there is a realistic prospect of conviction is already part of the test that the Crown Prosecution Service applies. Of course, it should also consider the public interest, which is what it has done in each and every case involving journalists—some have been convicted at the end of the process and some have been acquitted. However, I think that it is important to recognise two things. First, there should be no cases in which who a person is or what they do prevents the Crown Prosecution Service following the evidence where it leads—it should do so in every case. Secondly, some cases are complex and difficult and take time to prepare and to try, which increases their cost, but I do not think that we can say that we should not prosecute something because it is too expensive.

Injunctions

Philip Davies Excerpts

Monday 23rd May 2011 Commons Chamber

[Philip Davies (Shipley) (Con)]

Surely, we cannot have a situation in which celebrities court positive publicity to gain sponsorship and other endorsements and then rush to take out super-injunctions when negative publicity comes their way. There are not many cases of people taking out injunctions regarding positive publicity. Does the Attorney-General therefore agree that what we do not need are more privacy laws, of which we seem to have plenty at the moment, and that we need freedom-of-speech and freedom-of-the-press laws?

[The Attorney-General]

May I say to my hon. Friend that our laws already provide very substantial protection for the freedom of the press? The question arises as to how a balance should be struck. Even before the operation of the Human Rights Act, the power of the courts to protect the vulnerable and children, for example, was well established in our law. In that sense it is not a novelty. That balance is always going to be a subject of legitimate debate and I hope that, as a result of the steps that the Government are taking, that debate will take place.