Oral Answers to Questions

Robert Buckland Excerpts

Thursday 14th January 2016 Commons Chamber

[Mr Robin Walker (Worcester) (Con)]

1. What recent steps the Crown Prosecution Service has taken to ensure that prosecutors are able more effectively to prosecute cases of domestic abuse.

[The Solicitor General (Robert Buckland)]

Crown Prosecution Service legal guidance on domestic abuse was updated ahead of the introduction of the new offence of coercive or controlling behaviour in intimate and familial relationships. To support the introduction of that guidance, training has been developed and made available to prosecutors.

[Mr Walker]

I thank my hon. and learned Friend for that answer. Women’s groups in Worcester and national campaigns such as Women’s Aid have warmly welcomed the new law of coercive control as a real step forward in the protection of victims. Does he anticipate a further rise in the number of domestic abuse cases coming to court as a result of that change in legislation?

[The Solicitor General]

I pay tribute to all those groups that do so much to support male and female victims of domestic abuse. Yes, I think we can expect a rise in prosecutions. There has been a similar precedent in the case of stalking and harassment offences, which were introduced several years ago, and I was proud to be the Minister who took the coercive control provisions through this House.

[Andrew Gwynne (Denton and Reddish) (Lab)]

Given that conviction rates for rape, domestic abuse and other sexual offences have fallen in the past year, what reassurances can the Solicitor General give to the House that further budget cuts will not damage attempts to secure justice for the victims of those crimes?

[The Solicitor General]

The hon. Gentleman makes a proper point. Conviction rates for domestic violence remain broadly flat, but the volume of convictions continues to increase, which is good news for every single victim. For example, rape convictions now exceed 2,500 a year, whereas there were only 2,000 some five years ago. I assure him that the CPS, in the light of the comprehensive spending review settlement, is placing continued priority on rape and serious sexual offence units, and no prosecution will be prevented as a result of any budget problem.

[Alex Chalk (Cheltenham) (Con)]

The strength of the victim’s evidence in a domestic violence trial can often depend on recalling recollections as close in time to the incident as possible. Does the Solicitor General agree that we should consider allowing victims to record evidence remotely, perhaps via an app on their phones, rather than having to flog off to a police station?

[The Solicitor General]

Like my hon. Friend, I am always enthusiastic about the sensible use of new technology. Police in London are already piloting body-worn cameras, which capture the immediacy of events of domestic abuse. That sort of technology needs to be very much part of the tools available to police officers when investigating such cases.

[Jim Shannon (Strangford) (DUP)]

I thank the Solicitor General for his responses so far. Domestic violence accounts for about a fifth of all crime in Northern Ireland, with police officers attending 60 domestic incidents a day. That is massive, but we still have problems with people failing to come forward, particularly men. Is the CPS considering taking steps to work alongside police forces to encourage people to report all domestic incidents?

[The Solicitor General]

I am very grateful to the hon. Gentleman for raising the issue of male victims. About 15% of domestic abuse victims are, indeed, men, and proper emphasis is being placed on the need to encourage men to come forward. It is not a badge of shame for someone to admit that they are a male victim of domestic abuse, and that message needs to be heard loud and clear throughout the length and breadth of the kingdom.

[Jeff Smith (Manchester, Withington) (Lab)]

2. Whether he has had discussions with the Prime Minister on the legal form of the UK’s renegotiation deal with the EU.

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[James Berry (Kingston and Surbiton) (Con)]

3. What recent steps the Director of Public Prosecutions has taken to improve co-ordination between prosecutors and police in the handling of cases involving sexual violence.

[The Solicitor General (Robert Buckland)]

To ensure a consistent approach to the investigation and prosecution of rape cases across all CPS areas, a joint CPS and police national steering group and a delivery board have been established, and they meet regularly.

[James Berry]

What assessment has my hon. and learned Friend made of the CPS’s action plan to improve the investigation and prosecution of rape and sexual assault? Does he agree that the publication of the action plan demonstrates the willingness of this Government and of the CPS to increase the number of prosecutions in those areas?

[The Solicitor General]

I agree with my hon. Friend. The publication of the plan shows a very clear line of intent. That is reflected in the increased volumes of prosecutions, and in the careful consideration given to any withdrawal of prosecution cases before a jury has properly considered them.

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[Jessica Morden (Newport East) (Lab)]

5. What recent discussions he has had with the Secretary of State for Environment, Food and Rural Affairs and the Director of Public Prosecutions on the role of the national wildlife crime unit in increasing conviction rates for wildlife crime.

[The Solicitor General (Robert Buckland)]

The Crown Prosecution Service’s senior wildlife champion and the head of the national wildlife crime unit work together closely and regularly discuss policy and casework issues. Both parties sit on the partnership for action against wildlife crime, which is chaired by the Department for Environment, Food and Rural Affairs.

[Jessica Morden]

Does the Solicitor General agree that if conviction rates for wildlife crime continue to increase, it is crucial that the Government commit to funding the national wildlife crime unit not just for a year or two, but as part of a much longer-term wildlife crime strategy?

[The Solicitor General]

In the year from July 2014 to June last year, the overall conviction rate was 71%, which compares favourably with other types of crime. There were 605 defendants prosecuted, with 349 entering guilty pleas. The decision on the funding of the wildlife crime unit will be made very shortly.

[Rebecca Pow (Taunton Deane) (Con)]

In my constituency and in the wider south-west, the wildlife crime unit plays a crucial role, particularly in cracking down on poaching, but also in protecting hares, other precious creatures and birds’ eggs. If the unit were disbanded, there would be no one else to step into its shoes, so I urge the Solicitor General to think carefully before withdrawing what does not amount to very much funding for so much valuable work.

[The Solicitor General]

I hear what my hon. Friend says, as I am sure do DEFRA Ministers. With about £1.7 million of funding since 2010, the unit has indeed played an important role in the prosecution of these serious offences. As I said, a decision on funding will be made very soon.

[Tom Elliott (Fermanagh and South Tyrone) (UUP)]

Does the Solicitor General feel that there is enough protection in current legislation not only for wildlife, but for individuals who are involved in rural sports?

[The Solicitor General]

Britain has led the world in legislation that criminalises acts of cruelty against wildlife and that relates to the protection of wildlife. While the relevant laws are in place, they will be properly enforced and prosecutions will be applied using the tests that prosecutors have to use, following the evidence wherever it leads them.

[Judith Cummins (Bradford South) (Lab)]

6. What discussions he has had with the Director of Public Prosecutions on the consequences of the Law Officers’ Department’s spending review settlement for the Crown Prosecution Service’s operations.

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[Mr David Hanson (Delyn) (Lab)]

10. What recent steps the Crown Prosecution Service has taken to improve the conviction rate for rape and domestic violence.

[The Solicitor General (Robert Buckland)]

The CPS has taken a number of steps to improve the conviction rate for rape and domestic violence abuse cases, including refocusing resources to strengthen the rape and serious sexual offences unit’s extensive training on rape cases for prosecutors, an update of domestic abuse legal guidance, and closer working with the police.

[Mr Hanson]

That is all very well, and I am grateful for the Minister’s reply, but it will not hide the fact that the conviction rate for rape has fallen by 5.6% in the last four years, and is now just over 56%. The conviction rate for domestic abuse has also fallen. Clearly, something is happening, and I would welcome the Minister’s view of what that might be, and a clear indication of what action he will take to increase conviction rates, particularly for rape.

[The Solicitor General]

The right hon. Gentleman has taken a long interest in this matters, and he is right to raise those issues. I remind him that the volumes of outcomes continue to increase to their highest ever levels. I have mentioned rape, but domestic violence outcomes have also increased dramatically to their highest ever levels, which means justice for thousands more victims. It is incumbent on the CPS to examine the reasons why prosecutions do not succeed, and the key for the Attorney General and me is to ensure that the prosecution does not bring charges and then drop them without good reason. It should allow such cases to go to a jury, so that juries and magistrates can make decisions.

[Michael Fabricant (Lichfield) (Con)]

May I take a slightly contrary view? As we all know, about a year ago a colleague of ours was found innocent of rape, and more recently a young student was also found innocent of rape. It is important that the Crown Prosecution Service does not prosecute people lightly, and if it thinks that a person is innocent, it should ensure that they are not prosecuted.

[The Solicitor General]

I assure my hon. Friend that in every case the prosecution must apply the test of a reasonable prospect of conviction, and of whether that prosecution is in the public interest. That should apply to everybody, whether they are in this House or any other part of the country. There must be equality before the law, and the evidence must be followed wherever it leads.

[Jo Stevens (Cardiff Central) (Lab)]

Despite what the Solicitor General has said, conviction rates for rape, other sexual offences and domestic abuse have all fallen, and the Government need to do far more to reduce the incidence of those offences, as well as more to support victims. Last year the Labour party made a manifesto commitment to legislate with a violence against women and girls Bill, just as the groundbreaking Welsh Labour Government have done. The Bill would include provisions to appoint a commissioner to set minimum standards to tackle domestic and sexual violence. Will the Government do the same?

[The Solicitor General]

First, may I warmly welcome the hon. Lady to her position? It is a pleasure to see her. Indeed, we worked together for many years in the south Wales legal fraternity.

The Government are absolutely committed to funding the combating of violence against women and girls. A cross-ministerial group, of which I am a member, meets regularly, and we have introduced new legislation to criminalise coercive control. We have enhanced the tools the police and the prosecution have at their disposal, which is why the number of prosecutions for domestic abuse and rape continues to rise.

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[Mr David Burrowes (Enfield, Southgate) (Con)]

14. What discussions he has had with the Secretary of State for Communities and Local Government on the effect of the Supreme Court ruling of 13 May 2015 on local authorities’ ability to meet their legal duties towards people facing homelessness.

[The Solicitor General (Robert Buckland)]

I have to observe the proprieties of the Law Officers’ convention, but the Government welcome the clarity the judgment provided. It explains that any assessment of vulnerability must be made in the round, looking at all aspects of a person’s situation.

[Mr Burrowes]

A rough sleeper is likely die by the age of 47. Homeless people are inherently vulnerable. Can the Solicitor General assure me that, as the law currently stands, a safety net is provided for vulnerable and homeless people who are unintentionally homeless?

[The Solicitor General]

I commend my hon. Friend for the considerable work he has done on this issue, both in the capital and generally. The Government intervened in that case precisely because they were concerned that the test would disproportionately affect vulnerable homeless people. I am glad the Supreme Court has rebalanced the law in what I think is a fair way.