Oral Answers to Questions
Robert Buckland Excerpts(9 years, 10 months ago)
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The Solicitor-General (Mr Robert Buckland)
New guidance on handling cases of domestic abuse was announced by the Director of Public Prosecutions on 29 December last year, and that will help the CPS to deal effectively with a projected 20,000 more cases this year than two years ago. The updated guidance sets out the handling of all aspects of domestic abuse offending, including the many ways that abusers can control, coerce and psychologically abuse their victims. The new proposed offence of coercive and controlling behaviour announced by the Home Secretary will be introduced in the Serious Crime Bill.
Tim Loughton
I congratulate the Solicitor-General on the progress made so far, but a recent study showed that families experiencing domestic violence are 23 times more likely to abuse their children under the age of five. Does he acknowledge that children, who are more often than not the victims, often inherit those domestic violence traits themselves, and what is he doing to protect children from domestic violence abusers as early as possible?
The Solicitor-General
I pay tribute to my hon. Friend’s continuing work in this field, both when he was a Minister and as a Member of Parliament. The CPS guidelines are clear that the presence of children must be treated as an aggravating factor when deciding whether or not to prosecute. Often, criminal justice procedures are difficult for children and young people, who feel that they have to take sides, and special measures are available if they have to give evidence. I will do everything I can to ensure that children are protected within the criminal justice system.
Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
Last spring in my constituency two women were brutally murdered by their partners within a three-week period, one alongside her toddler daughter. In both cases, families, friends and others in the community were aware that abuse was taking place. Is the Solicitor-General content that evidence gathered by the police from others outside the direct situation is being used effectively and passed to the CPS to aid in prosecutions?
The Solicitor-General
I am grateful to the hon. Lady. I cannot comment on those specific cases, but she makes an important point about collaboration among agencies, whether social services or other arms of local government. The CPS and the police are clear that there needs to be even better collaborative working to ensure that tell-tale signs are not missed before it is too late.
Richard Graham (Gloucester) (Con)
I welcome the announcement of a new measure on domestic abuse by coercive and controlling behaviour. Will my hon. and learned Friend confirm whether this important proposed legislation, which could have had a real impact on the life of Hollie Gazzard, who was brutally murdered in Gloucester not long ago, will be complete before this Parliament comes to an end?
The Solicitor-General
My hon. Friend raises a tragic case. The Government have such cases very much in mind when making sure that the full course of domestic violence conduct is reflected by the criminal law. The Serious Crime Bill will be in Committee next week, and is the platform on which these important reforms will be introduced. I very much hope that Royal Assent will be achieved before the Dissolution of Parliament.
Kelvin Hopkins (Luton North) (Lab)
Recent press reports have suggested that cuts to legal aid have been putting victims of domestic violence at a disadvantage, and even deterring them from pursuing their cases at law. Will the Attorney-General be making representations to the Justice Secretary on this serious matter?
The Solicitor-General
My particular concern is the prosecution of cases involving domestic abuse. I am happy to say that numbers continue to rise, both in terms of the proportion of conviction rates and the absolute number of police referrals. In fact, we have now reached the highest number of police referrals ever recorded.
Mr David Jones (Clwyd West) (Con)
2. What steps he is taking to develop a greater level of public understanding of the legal framework applicable to social media.
Andrew Stephenson (Pendle) (Con)
5. What steps the Crown Prosecution Service is taking to ensure that prosecutors are able more effectively to prosecute stalking and harassment cases.
The Solicitor-General (Mr Robert Buckland)
Most recently, a joint police and CPS protocol on stalking was launched in September last year. The CPS legal guidance has also been revised to reflect this development, and training has been provided to prosecutors on the new stalking offences. Prosecutions for these offences have increased by more 20% in the last year.
Andrew Stephenson
My constituent, Jane Clough, a nurse at Blackpool Victoria hospital, was murdered in 2010 by her stalker, Jonathan Vass, who stabbed her 71 times and then slit her throat in the hospital car park. Does my hon. and learned Friend agree that stalking is a serious offence that often leads to even more serious crimes?
The Solicitor-General
I entirely agree with my hon. Friend, and I pay tribute to him for his work with Mr and Mrs John and Penny Clough, Jane’s parents. In fact, their work on the Justice for Jane campaign and the dignity with which they have conducted themselves in order to achieve important changes in the law is a real exemplar of how to achieve something positive from something so appalling.
Mr Speaker
May I in a very gentle way say that lawyers’ questions and answers tend to be learned and lucid, but also rather long? Perhaps the Solicitor-General can disprove the trend.
The Solicitor-General
The right hon. Gentleman and I share a continuing interest in, and passion for, reforming the law on stalking and harassment and ensuring that implementation is carried out. I am able to update him. As of 31 December last year, 1,402 CPS employees had undergone the training.
Phil Wilson (Sedgefield) (Lab)
6. What recent discussions he has had with the Service Prosecution Authority on its effectiveness in prosecuting rape and other sexual offences in the armed forces which took place (a) in the UK and (b) overseas.
The Solicitor-General (Mr Robert Buckland)
The Attorney-General and I meet the director of service prosecutions regularly and discuss casework issues at those meetings, including the prosecution of rape and other sexual offences, whether they are alleged to have been committed here or overseas. The Service Prosecution Authority has adopted CPS best practice guidelines to make sure that sexual offences are prosecuted to the highest standard.
Phil Wilson
Does the Minister agree that decisions to prosecute allegations of rape and sexual assault in the military should be subject to an independent review, given that only five cases of alleged rape were prosecuted in 2013?
The Solicitor-General
It is difficult to compare the CPS with the SPA because the sheer number of cases before the SPA will be much lower. When it comes to decision making on prosecution, CPS best practice is replicated in the SPA, and joint training and a lot of joint working takes place. The problems identified by the Liberty report, among others, are more to do with the investigation of offences as opposed to their prosecution.
Karl Turner (Kingston upon Hull East) (Lab)
Thank you, Mr Speaker. It is very nice to be popular.
Does the Attorney-General agree that the very low level of rape and sexual assault prosecutions in the military is a direct result of both a lack of independent scrutiny by civilian authorities and the discretion given to commanding officers to hear cases summarily themselves? Does he think it would be helpful if regular inspections of the Service Prosecution Authority were to be put on a statutory footing?
The Solicitor-General
May I first welcome the hon. Gentleman to his position and offer warm congratulations to him? The point he makes is perhaps more relevant to other types of sexual offences that are not included in the schedule to the Armed Forces Act 2006. When it comes to rape and serious sexual offences, I can assure the hon. Gentleman that the rigorous standards used by the CPS are those adopted by the SPA as well. The joint training and joint working I mentioned allow the Attorney-General and I the reassurance we need to make sure that these serious matters are prosecuted effectively.
Kevin Brennan (Cardiff West) (Lab)
7. What recent assessment he has made of the cost to the public purse of errors in law made by the Crown Prosecution Service when bringing forward prosecutions.
The Solicitor-General (Mr Robert Buckland)
There are a number of safeguards, both in the CPS and in the criminal justice system, to minimise the impact of errors in law. They include the CPS casework quality standards, judicial oversight, and the appeal process itself. There is no central record of the overall cost to the public purse when such errors of law occur, but whenever errors are identified, the CPS works to address them.
Kevin Brennan
May I encourage the Solicitor-General to try to calculate the cost? Obviously, we should like to know what impact staff cuts in the CPS might have on the costs of cases, and, in particular, how they might affect the ability of the CPS to prepare and present cases. In that spirit, will the Solicitor-General undertake to try to identify the cost and let the House know what it is?
The Solicitor-General
I am grateful to the hon. Gentleman for the spirit in which he asked his question. I can tell him that the total value of cost awards against the CPS was only 0.2% of its budget, and that, within that percentage, identifying specific errors of law was going to be very difficult. However, I can assure him that only 142 appeals against conviction were allowed last year, and that very few of those will have involved an error of law on the part of a CPS lawyer. An error might well have been made by the trial judge, or might have been made at some other point in the system, but I can assure the hon. Gentleman that the number of errors of law committed purely by CPS lawyers is very small indeed.
Mr Christopher Chope (Christchurch) (Con)
8. When he last met the Director of Public Prosecutions to discuss the length of pre-charge bail.
Oral Answers to Questions
Robert Buckland Excerpts(10 years ago)
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Miss Anne McIntosh (Thirsk and Malton) (Con)
8. What steps he has taken to promote pro bono work among members of the legal profession.
The Solicitor-General (Mr Robert Buckland)
The Attorney-General and I are the pro bono champions for the Government, and part of our responsibility is to uphold the rule of law. I am helped by two pro bono co-ordinating committees, which bring together the leading organisations dedicated to the delivery of pro bono legal help and representation both here and abroad. The Attorney-General and I attended a number of events as part of the recent national pro bono week to highlight the importance of pro bono, and to encourage the profession to continue its engagement with pro bono initiatives.
John Stevenson
Let me begin by declaring an interest, which is in the Register of Members’ Financial Interests. I am a solicitor.
I commend the Solicitor-General for encouraging members of the legal profession to do pro bono work. Does he agree that we should encourage other professionals, such as accountants and surveyors, to do likewise?
The Solicitor-General
I strongly believe that showing a willingness to work with the community for the community’s benefit enhances the reputation of professions such as the law and accountancy.
Miss McIntosh
As a non-practising Scottish advocate, I congratulate and pay tribute to the legal profession for its generosity in the pro bono work it does. Will my hon. and learned Friend assure the House that we are reimbursing all the costs in particularly costly family law and custody cases? I have had a number of difficult ones in North Yorkshire, which has been a pilot scheme for early adoption. We must make sure the full costs are awarded for legal representation in these very difficult emotional cases.
The Solicitor-General
I am grateful to my hon. Friend for her question. The amount of money or financial equivalent now being generated by pro bono work is about £601 million-worth of work. A number of family case judgments have recently caused a lot of interest. In two of them in particular I am glad to say civil legal aid was awarded after full information was obtained. In another case, there were particular difficulties with the application of the threshold test in an application to discharge an adoption order. I know those matters are concerning the Ministry of Justice, and I am sure my colleagues in that Department will be able to deal with the issues as they arise.
Huw Irranca-Davies (Ogmore) (Lab)
The firms and individuals who engage in pro bono work are to be commended, but we in the UK are not alone among continental neighbours in being behind the curve in terms of our pro bono offer at the same time as legal aid has of course been cut. Does the Minister, as pro bono champion, anticipate that pro bono will now fill the gaps left by the withdrawal of legal aid?
The Solicitor-General
Pro bono work is never a substitute for legal aid. It is an adjunct to legal work, but not a substitute. That has applied throughout the development of pro bono work, and at various times we have seen previous Labour Governments make changes to legal aid. I think it would be wrong to correlate the two.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
I work with a man called Glyn Maddocks, who puts an enormous amount of pro bono time into miscarriages of justice, and many solicitors and legal people do that. Does the Minister share my concern, and will he talk to the Law Society about this, at increasing evidence of lawyers—solicitors—working in a grey area where I believe they are becoming very suspect in the way in which they handle their affairs?
The Solicitor-General
I listened very carefully to the hon. Gentleman. The Solicitors Regulation Authority deals with professional misconduct and I know that it takes all complaints very seriously indeed. The solicitor profession has a long and honourable tradition of quality work and I know solicitors would want that to be maintained, so if there are any particular cases, I urge they be taken up with the SRA.
Paul Uppal (Wolverhampton South West) (Con)
3. What steps the Crown Prosecution Service has taken to increase the conviction rate for hate crimes against disabled people.
The Solicitor-General (Mr Robert Buckland)
The proportion of successful outcomes of disability hate crime cases increased from 77.2% in 2012-13 to 81.9% in 2013-14. To build on this improvement, as recently as last month the CPS published a new disability hate crime action plan further to improve the prosecution of disability hate crime and the experience of disabled victims and witnesses.
Paul Uppal
I thank my hon. and learned Friend for that response. In my constituency, I have worked with various organisations and individuals who have highlighted to me the fact that from a BME community background this can often be a culturally taboo subject to talk about. May I impress upon my hon. and learned Friend the importance of being mindful of that? We should send a strong, robust message on hate crime, through not just his own good offices but those of other organisations as well?
The Solicitor-General
I thank my hon. Friend for that question and I hear very much what he says, and I am sure the CPS hears it too. All discrimination cases should be treated equally. It is troubling that disability hate crime remains the lowest strand of offences prosecuted, which is why the CPS action plan is a vital step forward.
Bill Esterson (Sefton Central) (Lab)
My thoughts are with the family and friends of Erick Maina, who was tragically found dead over the weekend after apparently taking his own life. Shockingly, racist graffiti referring to Erick appeared in my constituency in the days after his death. Will the Minister commit to reversing the recent decline in prosecutions so that appalling acts of hate crime such as that linked to Erick’s death are dealt with in the strongest possible way?
The Solicitor-General
The hon. Gentleman has raised a grave and serious case, and it is one of a number that are concerning us as constituency MPs. The 10-point disability hate crime action plan will help to reinforce the message to prosecutors and to the police that hate crimes can take many forms. An example is people who befriend individuals with learning difficulties, then use coercive control to commit crimes against them. That is a hate crime.
Mr Marcus Jones (Nuneaton) (Con)
As a member of my local Mencap organisation, I am well aware of the concern about disability hate crime. I hear what my hon. and learned Friend says about the progress being made on conviction rates, but is he confident that he will continue to make progress in that regard, and will he say a bit more about how an improved conviction rate can be achieved?
The Solicitor-General
My hon. Friend has mentioned Mencap, whose “Hear my voice” campaign is playing an important part in raising awareness of disability hate crime. In the prosecution of these cases, it is important that we widen the ambit to consider the entire experience of people with learning difficulties and lifelong conditions in the criminal justice system. Frankly, it has not been a good one, and I will do all I can to offer leadership to ensure that real change in the criminal justice system can be obtained for people with learning difficulties and disabilities.
Julie Hilling (Bolton West) (Lab)
Prosecutions for hate crimes are down, compared with the figures for 2010-11, even though the Home Office evidence and our own postbags show that incidents of hate crime— particularly disability hate crime—are increasing. What is the Solicitor-General doing to determine the cause of the drop in prosecutions, and to improve the response of the law enforcement agencies?
Mr Speaker
Order. I am sorry to embarrass the hon. Member for Wolverhampton South West (Paul Uppal), but I must make this point because this is the second time today that this has happened. An hon. Member must not leave the Chamber while the exchanges on his or her question are in train. Members really ought to know that, and I think that most do. The hon. Gentleman is normally the most courteous of individuals, but he must stay, whatever other commitments he might have, until those exchanges have been completed. That is the courtesy that we expect of Members.
The Solicitor-General
Coming back to the question from the hon. Member for Bolton West (Julie Hilling), she is right to make that point. It is encouraging to note that prosecutions have increased from 150 or so five years ago to between 400 and 500 now, but the action plan contains provisions to offer further training to prosecutors and the police so that they can be fully aware and put themselves into the shoes of people with learning difficulties. There was also a high-level management conference last week at which a service user with disabilities came to speak to prosecutors and to lay it on the line about their experience.
Mr Philip Hollobone (Kettering) (Con)
The proportion of cases being successfully prosecuted is impressive and increasing, but the overall number of convictions is still very small. I reckon that it is nine a week, out of a population of 63 million. Which parts of the country are doing this best, and how can the other parts of the country learn from them?
The Solicitor-General
I do not have the specific figures, but I know from a recent report from Her Majesty’s Crown Prosecution Service inspectorate that there have been examples of best practice in the north-west and the north-east. Those examples could be followed by other CPS areas to help to increase the number of prosecutions.
Kerry McCarthy (Bristol East) (Lab)
4. What recent assessment he has made of how effectively police and prosecutors co-operate in securing convictions of perpetrators of child abuse.
Justin Tomlinson (North Swindon) (Con)
5. What steps the Crown Prosecution Service has taken to improve the conviction rate for rape and domestic violence in the last two years.
The Solicitor-General (Mr Robert Buckland)
The Crown Prosecution Service has taken a number of steps to prioritise effective prosecutions of rape and domestic violence. In June 2014, the CPS published, with the police, a national rape action plan to improve the investigation and prosecution of these crimes. In addition, in May 2014, the CPS launched a public consultation on legal guidance to prosecutors on cases involving domestic violence.
Justin Tomlinson
Will the Solicitor-General join me in thanking Swindon’s women’s refuge and victim support teams for providing a vital service that gives victims of crime the confidence to speak out?
The Solicitor-General
I am happy to join my hon. Friend in doing so. I have visited the refuge; it is an example of best practice and one of a large and growing network of crisis centres that help and support women who have nowhere else to turn.
Emily Thornberry (Islington South and Finsbury) (Lab)
Although it is important to improve conviction rates, we must also look at why so few rape cases make it to trial. Today, Her Majesty’s Chief Inspector of Constabulary published a critical report, which contained some really troubling findings, especially in relation to the handling of sexual offences. The inspector found that serious sexual offences were not being recorded. They included 14 rapes where offenders had simply been issued with an out-of-court disposal, and in many of those cases they should have been prosecuted. I have been expressing concern for some time that there needs to be far greater CPS oversight of police decision making in cases of rape and other serious sexual offences. Does the Solicitor-General agree that this report illustrates that that plan is the right one to take, and will he support Labour’s proposals to ensure that before a rape case is dropped a CPS lawyer must look at it?
The Solicitor-General
The hon. Lady makes proper points about a report that raises serious concerns. It is right to note that, in the year ending June 2014, the Office for National Statistics recorded a 29% increase in reported and recorded rapes, so progress is being made, but much more needs to be done. The national rape action plan is a vital part of ensuring that more is done by police and prosecutors to monitor why cases are not followed through. We know that sometimes the reasons for that are quite complex and varied.
Oral Answers to Questions
Robert Buckland Excerpts(10 years, 1 month ago)
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The Solicitor-General (Mr Robert Buckland)
The Government are committed to improving our ability to recover criminal assets by amending the Proceeds of Crime Act 2002 through the Serious Crime Bill, currently in the other place, including by increasing sentences for failure to pay confiscation and the enhancement of investigatory powers after a confiscation order is made. The Home Office is leading a wider programme to improve asset recovery, with which prosecutors are fully involved.
Jenny Chapman
I am grateful to the Solicitor-General for his response. It is good to hear him acknowledge that more needs to be done, but may I make an extra suggestion? The National Audit Office has found that the number of asset-freezing orders has fallen by a third and my understanding is that that might be because the CPS is timid and concerned about being stung for the costs when lawyers appeal the asset-freezing order. Perhaps he will consider capping the costs that could be recouped by lawyers in such circumstances, as that might make the CPS bolder.
The Solicitor-General
I am always receptive to ideas about the ways in which costs can be capped, but it is right that I remind the hon. Lady that the CPS still performs the lion’s share of confiscation orders, and that in 2013-14 £97.69 million was recovered. The new CPS proceeds of crime unit, which was set up in the summer, will bring together in a more effective way the regional asset recovery teams in order to achieve the results that both she and I want to see.
Stephen Mosley (City of Chester) (Con)
My hon. and learned Friend will be aware that last month’s incredibly successful Invictus games were supported by £1 million from the LIBOR fund. What other projects have benefited from money confiscated as a result of fraud and criminal activities?
The Solicitor-General
My hon. Friend is right to emphasise the huge publicity that the Invictus games brought to the victim surcharge. It is now being used to help a range of victims—victims of rape and domestic violence and families bereaved by murder and by road traffic crimes involving a fatality.
Kevin Brennan (Cardiff West) (Lab)
Further to the question from my hon. Friend the Member for Darlington (Jenny Chapman), I know that the hon. and learned Gentleman cared strongly about legal aid and the restrictions on advice given to our constituents. Would it not make sense to restrict to such levels the legal costs that can be claimed by those appealing against confiscation of funds obtained through criminal activities?
The Solicitor-General
I repeat that I am always receptive to new ideas. Quite clearly, more needs to be done to rein in some of the excesses of the cases that both the hon. Gentleman and I know about, but it is important that we focus efforts on getting the orders right in the first place and making sure that they are realistic and can be enforced. Enforcement is probably the most important priority.
Philip Davies (Shipley) (Con)
8. What costs were incurred by his Department in prosecuting the case of Vasiliki Pryce in both of her trials at Southwark Crown court.
The Solicitor-General (Mr Robert Buckland)
The costs of prosecuting counsel directly attributable to the two trials of Ms Pryce were £46,012. The costs ordered against her in the sum of £49,200 have been paid. The difference includes an element of pre-trial costs.
Philip Davies
In the cases of Chris Huhne and Vicky Pryce, the prosecution costs application to the court was £108,541 for Mr Huhne and £48,695 for Ms Pryce, despite the fact that Mr Huhne had no trials and Ms Pryce had two. Given that the court costs to the Ministry of Justice for Ms Pryce’s two trials were an estimated £30,000 on top of that, can the Solicitor-General explain the rationale for the discrepancy in those costs applications?
The Solicitor-General
We have to bear in mind that an appeal is in process in relation to the costs of the defendant Huhne, which is due to be heard at the end of this month. It would therefore be inappropriate for me to comment on the merits of that application. However, I will say that a large number of disclosure applications and other preliminary applications were made in the case of the defendant Huhne, which might have some bearing on the issue my hon. Friend raises.
Mr Speaker
Interesting reading for the long winter nights ahead.
Bill Presented
Taxation of Pensions Bill
Presentation and First Reading (Standing Order No. 57)
Mr Chancellor of the Exchequer, supported by the Prime Minister, the Deputy Prime Minister, Mr Secretary Duncan Smith, Danny Alexander, Mr David Gauke, Steve Webb, Priti Patel and Andrea Leadsom, presented a Bill to make provision in connection with the taxation of pensions.
Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 97) with explanatory notes (Bill 97-EN).
Industrial Action Update
Robert Buckland Excerpts(10 years, 4 months ago)
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Mr Maude
That is exactly the issue that has been raised by the circumstances in which these strikes have been called. The ballots are very outdated. The NUT ballot took place nearly two years ago. Why did the leadership of the NUT have so little confidence in balloting their members on strike action again? Is it because they saw what happened to the other unions, such as Unite and Unison, that did hold ballots, which saw less than 20% of eligible members voting and very small numbers of eligible voters voting in favour of strike action? Possibly. The fact is that these strikes are being held on the basis of flimsy and outdated mandates. The case for reform of the law gets stronger every time that happens.
Mr Robert Buckland (South Swindon) (Con)
Does my right hon. Friend agree that those who say that they do not support the strikes, yet in the same breath fail to condemn them, take the art of casuistry to new heights?
Oral Answers to Questions
Robert Buckland Excerpts(10 years, 6 months ago)
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The Deputy Prime Minister
The hon. Lady might have forgotten that when we came to power her party had left an absolute economic catastrophe behind. The great Labour recession in 2008 cost every household in this country more than £3,000. Her party predicted that more than 1 million more people would be unemployed when in fact 1.7 million new jobs have been created, of which we are very proud.
Mr Robert Buckland (South Swindon) (Con)
T5. I know that the Deputy Prime Minister has been somewhat exercised about minimum terms for knife crime, but he must be aware of the repeated guidance of senior judges and the residual discretion that will exist in the proposals to reflect other minimum terms. What is his beef?
The Deputy Prime Minister
It is important that sentences fit the circumstances of a crime and that, in seeking to address knife crime, which is a concern that unites the House, we do not unwittingly do something that can lead to higher reoffending rates. As we know from bitter experience, decanting young people into prison for short sentences leads to a revolving door of crime. I want to see less crime, not more, and that is why I want us to be smart, not simply to talk tough on crime.
The Attorney-General
As the specific case to which the hon. Lady refers is before the Court of Appeal and, therefore, sub judice, I will not comment on it. On the general point that she makes, I certainly agree that it is clearly in the public interest that alleged serious crime should be prosecuted. We will have to await the outcome of the case to see whether the resources that are made available in this instance are satisfactory.
Mr Robert Buckland (South Swindon) (Con)
6. What steps he is taking to raise awareness of the law relating to contempt of court.
Henry Smith (Crawley) (Con)
8. What steps he is taking to raise awareness of the law relating to contempt of court.
The Attorney-General (Mr Dominic Grieve)
Since taking office, I have been active in ensuring that the public are better informed of the law of contempt and, in particular, the dangers of online commentary. I have done that in a variety of ways including education, delivering speeches, attending symposia on contempt, and review by asking the Law Commission to look at the law of contempt and legislation. New criminal offences of juror misconduct and amendments to the law of contempt are being introduced in the Criminal Justice and Courts Bill. Finally, where necessary, I institute contempt proceedings against contemnors.
Mr Buckland
I thank my right hon. and learned Friend for that answer. I welcome the new offences in the Criminal Justice and Courts Bill. How does he see the interrelation between those new offences and the existing law of contempt working? In other words, how will judges be expected to deal with the often knotty problems that come before them when jurors misbehave?
The Attorney-General
I hope that the benefit of this change to the law will be to emphasise the criminal nature of the conduct of a juror who fails to follow the judge’s directions and acts in a way that undermines the fairness of a trial process. At the same time, by providing that it is an indictable offence that is triable by jury, there will be better safeguards for jurors in terms of fairness if they are prosecuted as a result. I trust that the combination of those two things will enable judges to be more robust in their directions to the jury at the outset when explaining that it has an important function to perform, and that that must be performed within the framework that the judge lays down in his directions. In my experience, jurors are, for the most part, animated entirely by good will towards the public interest, so I feel that if we do that, some of the regrettable problems that we have had may be further reduced.
European Council and Nuclear Security Summit
Robert Buckland Excerpts(10 years, 8 months ago)
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The Prime Minister
I would give two answers to that very incisive question from the hon. Gentleman. First, here in the United Kingdom, including in Northern Ireland, we have taken major steps to disinter the past and to discuss it and deal with it. The Bloody Sunday inquiry is one such example. That has not happened in Sri Lanka. Its lessons learned exercise is not going into the detail that is needed about the appalling events that happened, particularly at the end of the war. Secondly, although we guard our independence and sovereignty jealously, we did call upon friendly nations, including the United States, to help us with our peace processes. Frankly, in confronting one’s own past and one’s own problems, other countries can sometimes help. I think that Sri Lanka should take the same approach.
Mr Robert Buckland (South Swindon) (Con)
Institutionalised corruption is a key source of power for the Putin regime, but at the same time it is its greatest long-term weakness. What more can we do to extend visa bans and sanctions to deal not only with those implicated in the Crimean issue, but also those responsible for scandals such as the Magnitsky killing?
The Prime Minister
I do not want to say anything new about the Magnitsky case today, but I agree wholeheartedly with my hon. Friend that the scourge of corruption lies at the heart of much of the crisis in Ukraine, just as it lies at the heart of so many countries today that are not getting the economic growth, prosperity and fairness that their peoples yearn for. As we go forward in these endeavours, we should do everything that we can to help ensure a non-corrupt Government for Ukraine in the future.
Transatlantic Trade and Investment Partnership
Robert Buckland Excerpts(10 years, 9 months ago)
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Mr Clarke
The hon. Gentleman follows these matters closely, and he knows that, on both sides of the Atlantic, we broadly agree that we need to keep up the momentum and make progress. If we do not achieve this deal by the end of 2015 or early 2016, we will not get there at all because the politics will take over. That is the history of trade deals. We would all have preferred an arrangement like the Doha round, under the auspices of the World Trade Organisation, but since that has gone we have tried to move towards this kind of agreement. The pace will vary. We have made remarkable progress so far, and we are about to go into our fourth round. Some of the first offers have already been exchanged.
How quickly this goes will depend on events. The half-term elections in the United States might slow things down, for example. Also, the US is engaged in negotiations on the Pacific partnership, which is associated with our agreement and slightly ahead of it. In any event, we have to secure agreement within the present administrative term in the United States, and before the politics in any part of Europe start to go sour because a lobby group suddenly decides that vested interests can be protected by opposing the deal. We have every intention of pressing on and making progress as rapidly as possible.
Mr Robert Buckland (South Swindon) (Con)
In our negotiations with the US Government, is it not important that we should emphasise the distinction between the TTIP and deals such as the trans-Pacific partnership, on the basis that the risk of a sophisticated, regulated market such as the EU dumping inferior goods on the US is minimal, and that the fears that have accompanied other free trade deals need not exist in the TTIP?
Mr Clarke
I can assure my hon. Friend that I make that point, although we are not hostile to the Pacific partnership. It is perfectly reasonable for the American Administration to wish to conclude such an ambitious deal. However, people appreciate that the issues being discussed in Congress and among the American public are quite different from ours, and I think that that makes it easier for us to make progress. On the question of fast-track authority, which would determine when we eventually conclude, my hon. Friend has mentioned worries about the trans-Pacific partnership that are causing doubts in the United States. I think that we are waiting in the queue behind that agreement in that regard.
Mr Buckland
Is there not a danger that members of Congress who are hostile to the fast-track authority proposals could somehow bring the TTIP into the mix and withhold FTA for our deal, as opposed to the trans-Pacific partnership?
Mr Clarke
The answer to that is yes, there is a danger. I can assure my hon. Friend that we will do our best to minimise it, as will the commission in Washington. It would be most unfortunate if that were to happen.
That brings me to the question of transparency. No one is hostile to the idea of being transparent. The EU is a union of 28 nation states and Governments, all of whom have their own Parliament, and the desire to share information among Parliaments and the public is considerable. There is a dilemma, however, in that there is a conflict between that arrangement and the negotiating positions. There is no doubt that our American friends negotiate very hard indeed. They are pretty hard-nosed people when it comes to negotiating the detail, and we cannot send our negotiators into the chamber with all their bottom lines, their ambitions and the mandates they have received from their member states revealed. We need to get that balance right, but the instinct of Commissioner de Gucht and Commissioner Barnier—and certainly of the British Government—is to be as forthcoming as possible, so long as we are not simply feeding information to lobbies that want to try to put a spoke in the wheels. I entirely understand that getting public support—and, eventually, the smooth ratification of this deal—will depend on whether we have been sufficiently transparent with all the lobbies.
Oral Answers to Questions
Robert Buckland Excerpts(10 years, 9 months ago)
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The Solicitor-General
The guidance on that area is being worked on at present, but I will certainly ensure that the hon. Lady’s concern is reflected back.
Mr Robert Buckland (South Swindon) (Con)
The law of diminished responsibility very often depends on expert evidence from psychiatrists. In complex cases, decisions about such important offences are far too often made at the last minute. Is my hon. and learned Friend happy about existing protocols in relation to making sure that psychiatric evidence can be agreed at the earliest possible opportunity, and that the consequences of important decisions based on that evidence can be explained in ordinary English to the families of the victims?
The Solicitor-General
My hon. Friend makes the very important point that the bereaved should meet the prosecutor post-charge and pre-trial. As I said a moment ago, the troubled issue of the meaning of a recognised mental condition in these circumstances should be examined in a challenging way by Crown prosecutors.
Oral Answers to Questions
Robert Buckland Excerpts(10 years, 10 months ago)
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The Prime Minister
I will make two points to the hon. Gentleman, and I have written to him this morning. The first is this—[Interruption.] He will be interested to hear. The first is that the allegations he mentions are disputed and are currently subject to legal action, so I am limited in what I can say. But what he failed to mention to the House the last time he raised this is that the allegations date from the time when Mr Aziz was a Labour councillor. I am informed that during his time as a Labour councillor the Labour party did absolutely nothing about these allegations. So perhaps next time the hon. Gentleman stands up and asks a question in the House of Commons he will give us the full facts.
Mr Robert Buckland (South Swindon) (Con)
Q13. May I associate myself with the tributes to Paul Goggins? His work on the reform of the law on child neglect will go on. Last year, one of my constituents, 23-year-old Christopher Scott, died as a result of taking the so-called legal high AMT—alpha-methyltryptamine. Will my right hon. Friend support my calls and those of the coroner and Christopher’s family to ensure that this dangerous drug and others like it are outlawed?
The Prime Minister
My hon. Friend is absolutely right to raise that issue. First, let me offer my condolences to his constituent’s family. As he knows with the rules that we have, hundreds of legal highs have already been banned, and our temporary drug orders allow us to outlaw substances within days of them coming on the market. However, we are not complacent and we have asked the Advisory Council on the Misuse of Drugs to renew our definitions of controlled drugs to ensure that we capture these newly emerging substances when there is evidence of harm. There is more work to be done here, but my right hon. Friend the Home Secretary is absolutely on it.
Detainee Inquiry
Robert Buckland Excerpts(10 years, 11 months ago)
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Mr Clarke
As there is that reserve power, I cannot give an absolute guarantee that it will be a dead letter when we start. The Prime Minister is as anxious to get these matters resolved—to draw a line under them—as everybody in this House is. So it is inconceivable to me that the Prime Minister will be persuaded to start using reserve powers just to cover up embarrassment or to avoid the thing going too far, and I certainly hope that my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) is reassured by that; it is not what the reserve power is for. Unfortunately, there are occasions when there are just disagreements about how dangerous it is, or otherwise, for particular information to be disclosed widely at all. The Prime Minister has the invidious task of making the final decision on that if a real conflict arises, but there is no reason to anticipate at this stage that the ISC and the agencies are going to be in any conflict that would give rise to that.
Mr Robert Buckland (South Swindon) (Con)
Does my right hon. and learned Friend agree that perhaps the answer to the question posed by my hon. Friend the Member for Penrith and The Border (Rory Stewart) is that the ISC’s proceedings will be covered by parliamentary privilege. Has an assessment been made of the effect of privilege on the course of the ongoing police investigation, as I suspect it would be helpful in making sure that the two inquires are kept separate?
Mr Clarke
It is certainly important that the two are kept separate. I seem to recall that when the ISC was given its new status there was quite a bit of discussion about the extent to which privilege would apply to this particular parliamentary Committee, which is of course set up by statute, which is not usual for most of the others. I assume that the ISC can afford the full protection of privilege to the witnesses who are called before it, and that, again, ensures that they cannot suddenly find that this is all being held against them if they find themselves later, by any chance, in the unfortunate position of having to give evidence about the same facts again.