Oral Answers to Questions

Robert Buckland Excerpts

Thursday 25th February 2016 Commons Chamber

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

3. What discussions he has had with his Cabinet colleagues on the compatibility of Government proposals on investigatory powers with EU law.

[The Solicitor General (Robert Buckland)]

I regularly meet ministerial colleagues to discuss important issues of common interest, including on EU law matters. I am unable to talk about any legal content of those discussions, because whether or not the Law Officers have given advice, by convention, is not disclosed outside Government.

[Alan Brown]

Recent judgments from the European Court of Human Rights, such as in Zakharov v. Russia, strongly suggest that the powers in the United Kingdom’s draft Investigatory Powers Bill could violate the European convention on human rights. What discussions has he had with his colleagues in the Home Office to ensure that powers provided for in the Bill are compatible with the convention?

[The Solicitor General]

I can assure the hon. Gentleman that in the most recent case in the Court of Appeal, in November last year, the provisional view was that the Data Retention and Investigatory Powers Act 2014 was not inconsistent with EU law. A reference has been made to the Court of Justice of the European Union. I will not comment on that particular case, but I can assure him that when it comes to issues of compatibility, anxious consideration is always given to ensure that legislation here is in accord with the rule of law.

[Mark Pritchard (The Wrekin) (Con)]

In an unsafe world, we need to keep the United Kingdom, and indeed our European partners, safe. With the security charter for the draft Investigatory Powers Bill, how will the Government get the balance right between civil liberties on the one hand and national security on the other?

[The Solicitor General]

My hon. Friend asks probably the most important question about that balance. I can reassure him that the draft Bill, and indeed the legislation that will come forward shortly, strikes that balance, most notably in involving judicial authorisation for the granting of warrants. That double-lock process, which involves the Secretary of State and the judiciary, strikes the right balance.

[Keir Starmer (Holborn and St Pancras) (Lab)]

The case involving the right hon. Member for Haltemprice and Howden (Mr Davis) and my hon. Friend the Member for West Bromwich East (Mr Watson), which the Solicitor General has referred to, and which is before the Court of Appeal, but with a reference to the European Court of Justice, could have implications for the draft Investigatory Powers Bill. The case is being heard in April. How does the Solicitor General see that impacting on the timetable for the Bill going through this House?

[The Solicitor General]

While we understand that the case will be heard in April, it is still very much an unknown factor as to when a judgment will come. What I can say is that the outcome of any case will, of course, be carefully considered. However, I do not anticipate that causing a delay to the introduction of that important Bill, bearing in mind the sunset provisions in DRIPA.

[Nic Dakin (Scunthorpe) (Lab)]

4. What discussions he has had with his Cabinet colleagues on the UK’s domestic and international human rights obligations.

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[The Solicitor General (Robert Buckland)]

The CPS has undertaken a considerable amount of work to place priority on the improvement of rape prosecutions.

[Paul Blomfield]

I thank the Solicitor General for his admirably brief reply. He will know that despite claims of the highest number of convictions ever, convictions for rape, domestic abuse and other sexual offences have fallen. I work closely with Sheffield Rape Crisis, which tells me that there is a real postcode lottery in support for victims, and if victims are not supported they are less likely to come forward. What discussions has the Solicitor General had with the Home Secretary to ensure adequate funding for sexual violence advisers?

[The Solicitor General]

With regard to the hon. Gentleman’s specific question, I work regularly with colleagues in the Home Office to look at a wide range of measures that need to be put in place to give support to victims of sexual offences. I remind him that in terms of absolute volumes, conviction rates continue to rise and are the highest ever. I assure him that the CPS has now engaged 102 specialist prosecutors in its RASO—rape and sexual offences—units to place proper priority on the swift and effective prosecution of these serious cases.

[Crispin Blunt (Reigate) (Con)]

In our enthusiasm to get convictions where they are deserved, can the Solicitor General make sure in his discussions with the Home Office that other parts of the system, particularly the police, do not lose their commitment to justice, and that, while they must owe a proper duty to the complainant, they should not simply ignore potential exculpatory evidence in their investigations?

[The Solicitor General]

I reiterate that the police should follow the evidence wherever it leads. There should be no presumptions of truth or otherwise and they should objectively and fairly investigate cases before presenting them to the Crown Prosecution Service.

[Joanna Cherry (Edinburgh South West) (SNP)]

Is the Solicitor General aware that Scotland’s conviction rate for rape and sexual offences has increased significantly over the past few years as a result of setting up a centralised national sexual crimes unit in Edinburgh, in which the specialist prosecutors oversee the prosecution of all sexual crime across Scotland? I am sure that Scotland’s Law Officers would be very happy if England’s Law Officers wanted to visit and learn more about it.

[The Solicitor General]

I am grateful to the hon. and learned Lady for raising that matter. The scale involved in England and Wales is slightly bigger, so they have taken the regional unit approach, but I entirely agree with her about the need to standardise practice. The Attorney General and I are always very conscious of that in our conversations with the Director of Public Prosecutions and the chief executive of the Crown Prosecution Service, and work is being done to improve that standardisation.

[Jo Stevens (Cardiff Central) (Lab)]

In the latest thematic review of rape and serious sexual offence units, the CPS inspector found that the care given to victims of rape and sexual assault

“fell well short of what is expected”.

Is the Solicitor General concerned by Kevin McGinty’s findings that in some areas the CPS has stopped giving early investigative advice to the police because resources are overstretched?

[The Solicitor General]

I remind the hon. Lady that that report related to a particular period from a year to 18 months ago, and since then the CPS has taken huge strides both in increasing the number of prosecutors and in improving the methods by which cases are assessed and managed.

[Rebecca Harris (Castle Point) (Con)]

6. How many times the Law Officers referred a criminal sentence to the Court of Appeal for review on the grounds that it was unduly lenient in the last year.

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[Jack Lopresti (Filton and Bradley Stoke) (Con)]

11. What steps he plans to take to improve the level of public understanding of the legal framework applicable to social media.

[The Solicitor General (Robert Buckland)]

There is clearly some awareness of the legal framework applicable to social media, but I publish warnings online reminding people of their responsibilities wherever appropriate. My office also sends tweets warning social media users of the risk of being in contempt, where a particular problem has been identified. I assure my hon. Friend that I am always looking at ways of raising awareness in this area.

[Jack Lopresti]

Can my hon. and learned Friend explain what steps are being taken to prevent media coverage of ongoing cases?

[The Solicitor General]

The media quite properly play a role in reporting cases, but any lack of responsibility allows my office and, indeed, criminal law to intervene, particularly in respect of the Contempt of Court Act 1981. Detailed guidelines on the prosecution of such cases are available on the CPS website.