Oral Answers to Questions

Robert Buckland Excerpts

Thursday 31st January 2019 Commons Chamber

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

3. What recent discussions he has had with the CPS on improving prosecution rates for domestic abuse.

[The Solicitor General (Robert Buckland)]

Dealing with domestic abuse is a top priority for the Government, and I regularly engage with the CPS on this subject. The CPS wants to ensure that every victim of domestic abuse has full confidence in the justice system. Only last month it unveiled a best practice model developed in partnership with the police and the Courts Service to help victims through the criminal justice process.

[Daniel Kawczynski]

I thank the Minister for that answer. What success has the Crown Prosecution Service had in prosecuting controlling and coercive behaviour as a feature of domestic abuse?

[The Solicitor General]

My hon. Friend raises a very important point. Since we introduced the law on coercive control several years ago the number of charges continues to increase. In 2016-17, 309 charges were brought, but last year that trebled to 960.

[Louise Haigh (Sheffield, Heeley) (Lab)]

One of the main barriers to victims of domestic abuse and rape coming forward is the fear of having to hand their entire lives and personal information over to the defence. What steps is the CPS taking to ensure that victims are reassured that disclosure is appropriate and proportionate, and that victims are not asked to sign away their privacy?

[The Solicitor General]

The hon. Lady raises a very important point. Several months ago, the Attorney General and I issued a new paper on disclosure, and that will be followed by revised guidelines this year. We are acutely conscious of the need to balance the interests of justice not just in favour of defendants but in favour of victims. A blanket approach to disclosure is not something we encourage; it will depend on the facts of the case. I am glad that the number of cases that are being dropped because of issues with victims continues to fall, and I think that is a sign of progress.

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

The latest figures published by the Home Office show that only 1.9% of recorded rapes are prosecuted. Baroness Newlove, the Victims’ Commissioner, said:

“I am often hearing from victims of sexual crime that their criminal justice journey is as harrowing as the crime itself. This is just not acceptable. I fear we are letting these victims down badly.”

She is right, isn’t she?

[The Solicitor General]

The hon. Gentleman will be interested to know that only last week I met Baroness Newlove and discussed these very issues. It is vitally important that colleagues in the Ministry of Justice and across Government understand that the journey for victims in cases like this can be an extremely tough one. That is well understood. That is why the agencies are now working together to ease that journey. I do not pretend that the task is easy or that the job is anywhere near finished, but the commitment is there, and we will continue to work to support victims of rape.

[Nick Thomas-Symonds]

I do not dispute the Solicitor General’s worthy intentions in this, but we have a situation where two in 100 reported rapes are reaching prosecution. It is a quite appalling statistic. First, he must acknowledge the impact that spending cuts have had on the ability to investigate these offences. Secondly, he should acknowledge that piecemeal change is no longer enough—the time has come for drastic action.

[The Solicitor General]

With respect to the hon. Gentleman, he must not forget that independent prosecutors have to apply evidential tests and it will not always be the case that complaints will merit a prosecution. I wholly reject his suggestion that expenditure cuts have resulted in a decrease in prosecutions. Expenditure is not an issue when it comes to the prosecution of offences, and never will be.

[Bob Blackman (Harrow East) (Con)]

4. What recent discussions he has had with the CPS on improving prosecution rates for knife crime.

[The Solicitor General (Robert Buckland)]

I engage regularly with the CPS, and we recognise that this issue is a growing national priority. Prosecution rates have been rising year on year for knife crime. Between 2013-14 and 2017-18, there has been a 33% increase. The Offensive Weapons Bill now making its way through this House will tighten the law around the sale, delivery and possession of knives.

[Bob Blackman]

I congratulate my hon. and learned Friend on not only talking to the CPS about changing the sentences on knife crime but actually taking action and going to the Court of Appeal to make sure that an unduly lenient sentence has been lengthened to three and a half years’ imprisonment, quite rightly. What action can he take to make sure that the courts understand their duty to imprison people who are guilty of knife crime?

[The Solicitor General]

My hon. Friend raises a serious London case, and as a London MP, he is a passionate campaigner against knife crime. I warmly welcome the decision of the Court of Appeal yesterday to increase the sentence in that case. Lord Justice Leveson, the president of the Queen’s bench division, was clear in his approach, stating:

“There can never be any excuse for carrying a weapon of the type this offender carried”

and that the courts must impose “substantial and effective” sentences on those convicted.

[Danielle Rowley (Midlothian) (Lab)]

5. What steps the CPS is taking to improve prosecution rates for offences related to internet trolling.

[Liz Twist (Blaydon) (Lab)]

12. What steps the CPS is taking to improve prosecution rates for offences related to internet trolling.

[The Solicitor General (Robert Buckland)]

I recognise that internet trolling can have devastating effects on victims, and where an offence has been committed, the CPS response will be robust. The number of prosecutions commenced for offences under the Communications Act 2003 and the Malicious Communications Act 1988 has increased by over 20% in the last three years, and last year the CPS published revised guidelines on prosecuting cases involving communications sent via social media.

[Danielle Rowley]

We all know in this job how harrowing and tough trolling and online abuse can be. When I visit schools in my constituency, young people tell me that they not only experience a lot of online abuse but see it happening to people in jobs that they might aspire to and worry about the level of abuse they might face if they went into such jobs. What is being done to ensure that online abuse is given the serious treatment that other types of abuse is given, so that people can see that it will not be taken lightly?

[The Solicitor General]

The hon. Lady is right to point to the concern about the younger generation being disincentivised from coming forward, particularly into public service. That should worry us all as parliamentarians and legislators. I can reassure her that the CPS has worked hard to develop new guidance for prosecutors, which makes it clear that online abuse is just as bad as offline abuse; there is no distinction in law. Where communications amount to credible threats of violence, prosecutions will commence. I know that Members are concerned about the balance between freedom of expression and prosecutions, and I assure the hon. Lady that that matter is very much in my mind as we develop further guidelines to assist not only parliamentarians but everybody in public life.

[Liz Twist]

On 8 January, the Petitions Committee produced its report, “Online abuse and the experience of disabled people”. Will the Solicitor General look at that report and ensure that every step is taken to prosecute cases of online abuse against disabled people?

[The Solicitor General]

The hon. Lady may know that I have a particular passion about combating disability hate crime. I have met disability organisations in her region—the wonderful north-east—and learned a lot from them about the importance of ensuring that they have the confidence to report crime. I have read the Petitions Committee report. It is excellent, and I am noting in particular the actions that the CPS needs to take.

[Tom Pursglove (Corby) (Con)]

Does the Solicitor General agree that, while robust action is needed through the courts and the CPS, there is also an enormous responsibility for those who hold public office and offices that command responsibility to call this sort of behaviour out?

[The Solicitor General]

My hon. Friend is right. There can be no moral relativism when it comes to abuse, whatever type it may be and from whatever quarter it comes.

[Justin Madders (Ellesmere Port and Neston) (Lab)]

6. What assessment he has made of the effectiveness of the CPS in prosecuting offences under the Hunting Act 2004.

[The Solicitor General (Robert Buckland)]

Each CPS area has a Crown prosecutor dedicated to act as a wildlife, rural and heritage crime co-ordinator, to ensure that the specialist knowledge needed to prosecute such offending is readily available. Co-ordinators work closely with specialist officers from local police forces and from the National Wildlife Crime Unit, to ensure a robust CPS response.

[Justin Madders]

I am disappointed that I did not hear from the Attorney General, because I wanted to hear about his recent field visit to a hunt, where I am sure the law was perfectly observed. The Solicitor General will be aware that there have been many reports up and down the country over the Christmas period of transgressions of the law. The public expect the law to be enforced in full. Is it not time we strengthened the Hunting Act?

[The Solicitor General]

I assure the hon. Gentleman that the Law Officers do not condone or in any way consent to lawbreaking—that is clear. Where there is evidence of a breach of the Hunting Act and unlawfulness, that evidence will be used to prosecute.

[Patrick Grady (Glasgow North) (SNP)]

7. What recent assessment he has made of the effect of the UK leaving the EU on the priorities for his Office.

--- Later in debate ---

[Sir Desmond Swayne (New Forest West) (Con)]

10. Whether he has had discussions with the Secretary of State for Justice on reforms to the oversight of solicitors.

[The Solicitor General (Robert Buckland)]

I have had regular meetings with the Secretary of State for Justice, in which we have discussed a range of policy matters including regulation of the legal professions. Legal services in England and Wales are independently regulated in accordance with the framework set out in the Legal Services Act 2007. Solicitors are regulated by the Solicitors Regulation Authority, which prosecutes solicitors and firms where necessary.

[Sir Desmond Swayne]

If the SRA cannot and will not compensate the EcoHouse investors, it is ripe for reform, is it not?

[The Solicitor General]

My right hon. Friend tempts me down a path leading to the SRA’s discretion with regard to compensation. I am grateful to him for raising an important issue that concerns many colleagues in the House. I think it best that we take these matters up not just with the Ministry of Justice, but with the SRA itself.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

May I urge the Solicitor General to do more about solicitors up and down the country who are carrying on their business in a very strange and devious way? I have been talking to representatives of the insurance industry, and I understand that clusters of solicitors are making false claims relating to holiday insurance and whiplash. We know where those dodgy solicitors are, but the current regulation does not seem to be working. What is the Solicitor General going to do about it?

[The Solicitor General]

I am grateful to the hon. Gentleman for raising that issue. The Legal Services Board has currently drafted proposed new rules relating to the governance for regulators; the consultation closed last week, and new statutory guidance will be issued. However, I take the hon. Gentleman’s point. Corrupt solicitors not only damage the reputation of the profession but raise insurance premiums, driving smaller firms out of business. The hon. Gentleman is absolutely right, and his point is fully understood here.