Oral Answers to Questions

Debate between Robert Buckland and Michael Fabricant

Tuesday 8th December 2020 Commons Chamber

[Michael Fabricant (Lichfield) (Con)]

What plans he has to review the relationship between Government, Parliament and (a) the Supreme Court and (b) other courts; and if he will make a statement.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

As set out in our manifesto, we are looking at the broader aspects of our constitution, including the relationship between the Government, Parliament and the courts. Our independent courts and legal system are respected around the world, and I would like to protect our world-class judiciary from being drawn into political matters. I am interested in reviewing the Constitutional Reform Act 2005, and I will update the House on arrangements in due course.

[Michael Fabricant [V]]

My right hon. and learned Friend will share with me—indeed, I suspect the whole House will share with me—the respect we have for our Supreme Court and its judgments. Nevertheless, it is called in from time to time to look at issues that are highly political and highly contentious. Does he not agree with me that we urgently need to establish some sort of framework so that we can decide precisely what the Supreme Court should be looking at and what issues are perhaps beyond or different from its remit?

[Robert Buckland]

I am grateful to my hon. Friend, and I understand the concern that he outlines. Of course, the Supreme Court does not of its own volition investigate matters. It hears cases and answers the questions before it on arguable points of law of general public importance. However, as I have already said, I think it is important that we look again at the balance. As a full-throated supporter of an institution that brings together the three jurisdictions of our United Kingdom, I want to make sure that its future is indeed a secure and a bright one.

Terrorist Offenders (Restriction of Early Release) Bill

Debate between Robert Buckland and Michael Fabricant

2nd reading & 2nd reading: House of Commons
Wednesday 12th February 2020 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

I beg to move, That the Bill be now read a Second time.

Twice in the past few months we have seen appalling and senseless attacks on members of the public by terrorist offenders. At Fishmongers’ Hall on 30 November last year, two bright and promising young lives were cut heartbreakingly short. The perpetrator, Usman Khan, had been released automatically halfway through a 16-year sentence for preparing terrorist acts. That tragedy was made so much more poignant by the fact that the victims were dedicated to the rehabilitation of offenders, and were helping people to get their lives back on track.

The attack in Streatham on 2 February this year came as a stark reminder of the risks when these sorts of offenders are let out automatically before they have served their full sentence in prison.

[Michael Fabricant (Lichfield) (Con)]

A number of people may question why we are rushing through this business in one day today, so may I ask my right hon. and learned Friend, if the business were not completed today and the Bill therefore not enabled as an Act, would it result in terrorists being released early in the immediate future?

[Robert Buckland]

The simple answer is yes; I am grateful to my hon. Friend for that intervention.

I was telling the House about the events in Streatham. Sudesh Amman had been released just one week before the attack, halfway through a sentence of three years and four months for offences related to distributing or promoting material intended to stir up religious hatred. The automatic nature of his release meant that there was no parole oversight and no decision as to whether he posed a risk to the public. No one could prevent his release. It is purely thanks to the swift intervention of our incredible police officers that he did not go on to commit even more harm before he was stopped with necessary force. The reality is that we face an unprecedented threat from terrorist offenders who are willing to commit random violence without any fear of the consequences.

Oral Answers to Questions

Debate between Robert Buckland and Michael Fabricant

Thursday 14th September 2017 Commons Chamber

[The Solicitor General]

Last month, the CPS published revised guidance committing it to treat online hate crime as seriously as offline offences, taking into account the impact on the wider community when deciding the question of prosecution in the public interest.

[Michael Fabricant (Lichfield) (Con)]

3. What progress the Crown Prosecution Service has made in improving conviction rates for offences of modern slavery; and if he will make a statement.

Oral Answers to Questions

Debate between Robert Buckland and Michael Fabricant

Thursday 29th June 2017 Commons Chamber

[The Solicitor General]

My hon. Friend makes a very important point. May I reiterate that the law shows no distinction whatsoever between hate crimes that are committed offline and those that are committed online? Just because somebody hides behind a pseudonym and pursues hate online does not mean that the police and the CPS will not track them down and prosecute them, as we have seen notably in cases involving several Members of this House, who have been the victims of appalling hate crime.

[Michael Fabricant]

Twitter is against my hair.

Oral Answers to Questions

Debate between Robert Buckland and Michael Fabricant

Thursday 14th April 2016 Commons Chamber

[Michael Fabricant (Lichfield) (Con)]

7. What steps the Crown Prosecution Service has taken to increase prosecution rates for internet trolling and other forms of online abuse on social media; and if he will make a statement.

[The Solicitor General (Robert Buckland)]

The Crown Prosecution Service recently revised its publicly available social media guidelines. They are subject to a current consultation, which will result in the publication of finalised guidelines on serious offences later in the year.

[The Solicitor General]

Online abuse can sometimes be worse than face-to-face abuse, because it is all-pervading and does not end at the school gates or allow for privacy at home. The Director of Public Prosecutions has met several social media providers, and the CPS will continue to work with them on measures to improve the reporting and prosecution of such abuse.

[Michael Fabricant]

Even I have been trolled on Twitter. I do not know whether it was Momentum or someone else, but people have doubted the provenance of my hair. Can you believe that?

However, a friend of mine has a young son of 16 who has also been trolled on Twitter. He did not take it as lightly as I do and the poor boy has harmed himself, which is a serious matter. I was interested to hear the Solicitor General’s reply to my hon. Friend the Member for Macclesfield (David Rutley), but what steps can we take to deter young people from bullying other young people on Twitter, Facebook and other social media?

[The Solicitor General]

I am naturally reticent to trespass upon the bailiwick of my hon. Friend’s hair, so I will confine my remarks to the serious issue he raised about the mental health impacts on young people. Work is being done on training so that CPS prosecutors can enable victims and users to report abuse and, in particular, to ensure that offending content can be removed by providers.

Oral Answers to Questions

Debate between Robert Buckland and Michael Fabricant

Thursday 14th January 2016 Commons Chamber

[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.

Oral Answers to Questions

Debate between Robert Buckland and Michael Fabricant

Thursday 26th November 2015 Commons Chamber

[The Solicitor General]

I am grateful to my hon. and learned Friend for his question. I can assure him that the CPS does indeed have sufficient staff in place to properly do its work. The CPS conviction rate in his region last year was 84.2%, which is slightly higher than the national average.

[Michael Fabricant (Lichfield) (Con)]

11. What steps the Crown Prosecution Service is taking to improve the conviction rate for anti-Semitic hate crimes; and if he will make a statement.

[The Solicitor General (Robert Buckland)]

New CPS legal guidance for prosecutors on anti-Semitic hate crimes was published in May, and in addition the CPS is implementing its religiously aggravated and anti-Semitic crime action plan, which seeks to raise awareness of these cases and to improve the reporting of such hate crimes. This has been welcomed by the all-party group against antisemitism.

[Michael Fabricant]

My hon. and learned Friend will be aware that the incidence of anti-Semitic hate crime is going up, particularly in Muslim areas, unfortunately. Can he expand a little further on his earlier answer about the role of the CPS in educating the police on these matters?

[The Solicitor General]

I pay tribute to my hon. Friend for the consistent work that he has done over the years to highlight that obscene crime. I am sad to say that there are spikes in that type of offending when particular political events occur. The CPS is aware of it, as are the police, and that type of hate crime was very much on the agenda of the national training conference at Ryton.