Oral Answers to Questions

Robert Buckland Excerpts

Thursday 14th September 2017 Commons Chamber

[Mr Simon Clarke (Middlesbrough South and East Cleveland) (Con)]

2. What steps the Crown Prosecution Service is taking to implement the Government’s plan for tackling hate crime.

[The Solicitor General (Robert Buckland)]

Last month, the CPS took new steps to fulfil one of its commitments in the cross-Government hate crime action plan by publishing revised public statements and legal guidance on all strands of hate crime.

[Mr Clarke]

Homophobic and transphobic hate crime prosecutions in the north-east are up by 55% in recent years. Will my hon. and learned Friend join me in welcoming that increase in prosecutions and, crucially, will he inform the House of what he is doing to encourage the spread of best practice in how we continue to bear down on this horrible crime?

[The Solicitor General]

On my visit to the north-east CPS, I met representatives of the lesbian, gay, bisexual and transgender community to discuss the ways in which the regional CPS is engaging with that community. I am glad to say that, on a wider basis, the CPS is developing a training package on these issues with input from the relevant leading organisations in the field.

[Simon Hoare (North Dorset) (Con)]

Alas, we have seen an increase in the use of all types of social media as a vehicle for all types of hate crime. What steps has the CPS taken, is it taking or does it plan to take to deal with all types of online hate crime?

[The Solicitor General]

Last month, the CPS published revised guidance committing it to treat online hate crime as seriously as offline offences, taking into account the impact on the wider community when deciding the question of prosecution in the public interest.

[Michael Fabricant (Lichfield) (Con)]

3. What progress the Crown Prosecution Service has made in improving conviction rates for offences of modern slavery; and if he will make a statement.

--- Later in debate ---

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

4. What assessment he has made of the potential effect of the UK leaving the EU on the functioning of the different national legal systems in England, Northern Ireland, Scotland and Wales.

[The Solicitor General (Robert Buckland)]

The Ministry of Justice has had recent contact at ministerial and official level with counterparts in the devolved Administrations; they discussed how we work together on matters relating to Brexit that will affect the different legal systems in the devolved Administrations of Scotland and Northern Ireland. The Government have also engaged with Welsh counterparts to update them on matters affecting justice.

[Martyn Day]

The president of the Law Society of Scotland has said that there needs to be a “whole of governance” approach to the UK withdrawal from the EU that takes into account the devolved Administrations. Does the Solicitor General agree with that statement?

[The Solicitor General]

Yes, I do, which is why the Government are taking an approach that will ensure the required continuity and certainty, so that, where necessary, a UK-wide approach will be taken and, where appropriate, there will be devolution to the devolved Assemblies and Parliaments.

[Stephen Kerr (Stirling) (Con)]

Will the Solicitor General take this opportunity to reassure the House and Opposition Members that the leaders of all the devolved Administrations, in Edinburgh, Cardiff and Belfast, when we have one there, will be consulted and respected on the broader issues of Brexit, including those relating to his office?

[The Solicitor General]

I am happy to give that assurance and that is reflected in the bilateral work of government, where there is continuing dialogue at official and ministerial level. This is all about mutual respect and getting the best outcome, not only for Britain, but for all its constituent parts.

[Holly Lynch (Halifax) (Lab)]

5. What steps the Government are taking to ensure that the Crown Prosecution Service has adequate resources to tackle social media hate crime.

[The Solicitor General (Robert Buckland)]

The CPS prosecutes cases where they meet the test for prosecution. It allocates its resources accordingly, and will continue to do so, and I welcome its commitment to treat hate crimes on social media as seriously as other sorts of hate crime.

[Holly Lynch]

I am grateful for that response, but will the Solicitor General go further and outline what steps are being taken to address the significant variations in conviction rates across different regions, with particular reference to the 4.7% fall in successful convictions for religiously aggravated hate crime in 2015-16?

[The Solicitor General]

The hon. Lady is right to look in detail at regional variations. Overall, progress is still encouraging: the conviction rate for all strands of hate crime increased slightly again last year, and the number of hate-crime prosecutions has now reached record levels—it is in excess of 15,000. The answer to her question lies in the sharing of best practice among different regions. Earlier, I talked about engagement with the trans community in the north-east, and there are examples from other regions of how, if we work closely with the communities, we can increase conviction rates. In the hon. Lady’s area, work with disability communities has resulted in improved disability hate-crime prosecutions.

[Joan Ryan (Enfield North) (Lab)]

Earlier this year, the Kantor Centre identified an 11% increase in anti-Semitic abuse in the UK, much of which is driven by online and social media-based abuse. I am sure the whole House would want to condemn anti-Semitic abuse, but we need to do much more to tackle it, to prosecute it and to make it clear how unacceptable it is.

[The Solicitor General]

I am grateful to the right hon. Lady for raising the appalling crime of anti-Semitism. It is on the rise and it is not acceptable. We all need to speak out together to stamp it out. I am glad to say that the CPS is now encouraging prosecutors to look into the wider community impact, particularly of online hate crime, when they assess whether or not to prosecute. The right hon. Lady is right, and if we tolerate it online, the culture will gradually change and anti-Semitism will become mainstream. We cannot allow that to happen.

[Thangam Debbonaire (Bristol West) (Lab)]

6. What assessment he has made of the potential effect of the UK leaving the EU on the level of prosecutions for hate crime towards EU citizens.

[The Solicitor General (Robert Buckland)]

The Crown Prosecution Service does not disaggregate its data by victims’ nationalities, but it has a strong record in tackling racially and religiously aggravated hate crime. In 2015-16, there were just over 13,000 prosecutions for this type of hate crime. That was 84% of total hate-crime prosecutions, showing a 1.9% increase on the previous year.

[Thangam Debbonaire]

I am grateful for that response, but what I really need to know is what steps the Solicitor General will take to reassure my constituents, who tell me of increased hate crime directed at EU citizens. Local organisations that tackle hate crime, such as SARI—Stand Against Racism & Inequality—tell me the same thing. What will he be doing to reassure my constituents that their safety is valued and that the law will protect them?

[The Solicitor General]

The hon. Lady is right to say that all parts of our community deserve protection from the law. Only a few weeks ago, I was glad to take part in a hate-crime awareness campaign, which was launched alongside the CPS’s publication of new, revised guidelines, which particularly emphasise the scourge of online hate crime. I assure her residents and, indeed, those in my constituency that when such crimes are perpetrated, no effort will be spared in detecting the perpetrators and dealing with those crimes, because there is a clear public interest in doing so.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

In relation to crime, and bearing in mind the Government’s insistence on excluding the EU charter of fundamental rights, does the Solicitor General agree that it is wrong for them to allow what the Law Society of Scotland called

“the potential for the erosion of human rights”,

despite different parts of the UK having voted to remain in the EU?

[The Solicitor General]

I do not see an erosion in human rights. The Government are absolutely committed to our membership of the European convention. The charter of fundamental rights does not add anything substantive to UK human rights law, and the underlying principles of EU law will, of course, be brought into our domestic law by virtue of the European Union (Withdrawal) Bill. The hon. Gentleman can reassure his constituents that the Government are utterly committed to rooting out hate crime wherever it exists.

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

7. What discussions he has had with the Crown Prosecution Service on cases involving domestic violence.