Oral Answers to Questions

Robert Buckland Excerpts

Thursday 8th February 2018 Commons Chamber

[Mr John Whittingdale (Maldon) (Con)]

2. What steps the CPS is taking to increase the rate of prosecution of people responsible for female genital mutilation.

[The Solicitor General (Robert Buckland)]

FGM is a crime. It is abuse against children and women. The Crown Prosecution Service has introduced a series of measures to improve the handling of such cases, including appointing a lead FGM prosecutor in each area and delivering training to police and prosecutors across the country.

[Mr Whittingdale]

I welcome this week’s announcement of extra funding to tackle FGM in Africa and beyond. With over 5,000 cases reported in a year in this country, does my hon. and learned Friend share my concern that we are still to bring a successful prosecution?

[The Solicitor General]

My right hon. Friend is correct to raise some of the obstacles that prosecutors have faced over the years, and barriers have caused real issues in the investigation of such cases. I am glad to say that a case is currently before the courts—I will not comment on it—but it is also important to remember that protection and prevention is vital, and our FGM protection orders are being used to good effect, with 179 having been granted to the end of September last year.

[Kerry McCarthy (Bristol East) (Lab)]

Bristol is recognised as being at the forefront of some of the community involvement in trying to prevent female genital mutilation, but the fact that we have not yet had a single conviction is still a sticking point. What more can the Solicitor General do to liaise with the police? Local prosecution services tell me that they are being prevented from taking things further because the police are not bringing cases to them.

[The Solicitor General]

The hon. Lady is right to press me on this issue. With the appointment of lead FGM prosecutors in each CPS area and agreed protocols with local police forces, I am glad to say that there should be a greater and deeper understanding among officers, police officers in particular, of the tell-tale signs of female genital mutilation and of what to do about them. Getting early investigative advice from the CPS is vital in such cases.

[Nick Thomas-Symonds (Torfaen) (Lab)]

The Solicitor General is right to identify specific issues that need to be tackled on FGM. However, if we are to increase prosecution rates right across the range of offences, we need a properly resourced and robust disclosure system. The former Conservative politician and barrister Jerry Hayes has said:

“The CPS are under terrible pressure, as are the police. Both work hard but are badly under-resourced.”

He is right, is he not?

[The Solicitor General]

The hon. Gentleman will know that I was directly involved in the prosecuting and defending of serious criminal cases for over 20 years, and I am well familiar with the long-standing challenge of disclosure. Prior to recent revelations, I am glad to say that the Attorney General and I instituted a thoroughgoing review not only of our guidelines, but of the entire culture. The police and prosecutors—everybody involved at all stages—have to realise that disclosure must be achieved early and efficiently to protect not just defendants, but victims.

[Nick Thomas-Symonds]

I appreciate that there is a review, and I appreciate that there are long-standing issues, but there is also no doubt that social media—things like WhatsApp—and the examination of mobile telephones present new challenges that are time intensive and resource intensive. Surely it is the case that, without proper resources on those things, we will not have the system of disclosure that we need.

[The Solicitor General]

I remind the hon. Gentleman that one of the main issues in this area has not been that these items have not been obtained but the timeliness in which they are eventually disclosed. That is the issue, and bearing down on that factor will encourage and increase both police awareness and the priority that the police need to place on making sure that all this material is gathered at the earliest opportunity.

[Mr Virendra Sharma (Ealing, Southall) (Lab)]

3. What recent discussions he has had with Cabinet colleagues on the potential effect of the UK leaving the EU on the operation of the European arrest warrant.

--- Later in debate ---

[Neil Parish (Tiverton and Honiton) (Con)]

8. What steps the CPS is taking to increase the rate of prosecution for cases involving the exploitation of vulnerable people by gangs that traffic drugs across the country.

[The Solicitor General (Robert Buckland)]

These types of crime are often committed over county lines and involve the exploitation of vulnerable people by violent members of drugs networks and gangs to move and sell drugs across the country. The CPS has recently developed and published guidance that sets out its approach to such crimes.

[Fiona Bruce]

I thank the Minister for that reply. Many more people, particularly although not exclusively young women, are trafficked for prostitution. What steps are being taken within the justice process to give them support and help them exit this abusive trade?

[The Solicitor General]

In the new guidance, the CPS has emphasised the importance of safeguarding vulnerable people. Of course, we have organisations such as the UK Human Trafficking Centre, which is a central point of contact for all agencies that work with victims of sex trafficking—for example when a victim is co-operating with an investigation to ensure that if they are of a foreign nationality their status in the UK is preserved during the course of the investigation.

[Neil Parish]

My hon. and learned Friend is right about these crimes crossing county lines. I also think that vulnerable people are too often prosecuted, and not enough consideration is given to their vulnerability when the cases are being looked at.

[The Solicitor General]

My hon. Friend will be aware that the Modern Slavery Act 2015 contains provisions to protect people who are compelled into acts of criminality. Choices must be made at an early stage by police and prosecutors whether to treat them as defendants or, where appropriate, encourage them to co-operate. Many of these people are, frankly, victims.

[Gavin Robinson (Belfast East) (DUP)]

The National Crime Agency just showed its “Invisible People” exhibition in Belfast. It is a harrowing portrayal of what individuals go through when they are exploited through prostitution or for drugs and forced labour. Are we winning the battle?

[The Solicitor General]

The hon. Gentleman graphically illustrates that this fact of life is in every town and city across our country. The idea that slavery ended many centuries ago is a fallacy and, once we face up to that—I think the police and Crown Prosecution Service are facing up to it—we are halfway towards dealing with this scourge. More needs to be done.

[Sir Edward Leigh (Gainsborough) (Con)]

5. What steps the CPS is taking to increase the rate of prosecution for crimes against older people.

[The Solicitor General (Robert Buckland)]

Although many older people are not and do not consider themselves to be vulnerable, they can often be perceived as an easy target for criminals. To address this, the CPS has committed to refreshing its legal guidance and public statement on crimes against older people within the next year.

[Sir Edward Leigh]

We all have constituents and relatives, elderly people, who are the victims of telephone scams. This is a particularly horrible form of crime where people pretend to be banks and it causes acute distress. Often the police shuffle off responsibility to Action Fraud, so can we have real action on this and real resources committed to it?

[The Solicitor General]

My hon. Friend is absolutely right to raise this issue and I commend financial institutions such as Nationwide that have already created much more secure specialist phone lines for elderly people and, in particular, for carers for those who are unwell, to conduct their transactions. That is an excellent example of how the financial services sector can drive and design out this type of fraud.

[Eddie Hughes (Walsall North) (Con)]

6. What steps the CPS is taking to strengthen global co-operation in prosecuting human trafficking and modern slavery.