Crown Prosecution Service

Simon Danczuk Excerpts

Tuesday 23rd June 2015 Westminster Hall

[Simon Danczuk (Rochdale) (Lab)]

I thank my hon. Friend the Member for Erith and Thamesmead (Teresa Pearce) for securing this debate, which certainly needed to be had.

My involvement with the Crown Prosecution Service in recent years has mainly focused on the failure to prosecute child sex abusers. We know that in the 1960s, 70s and 80s people like Cyril Smith and Victor Montagu were allowed to continue to abuse children because the CPS was unable or unwilling to bring cases against them, even when it had the evidence. It is a legacy that should shame the CPS and the entire justice system, but these failures are not just a thing of the past. The case of Lord Janner is an interesting case study of the workings of the modern day CPS and its attitude towards alleged child abusers. We know that the CPS failed to press for prosecution of Lord Janner in 1991, 2002 and 2006, and the current Director of Public Prosecutions, Alison Saunders, has admitted that he should have been prosecuted. Now we hear that he cannot face justice because he is too ill.

Before discussing the case in detail, I want to make the point that we cannot underestimate the effect that failed prosecutions have on the survivors of abuse. There are many people—

[Mrs Anne Main (in the Chair)]

Order. I caution the hon. Gentleman against discussing the case of Lord Janner in detail, rather than discussing the process of the Crown Prosecution Service. I am sure that he will stay completely in order, but I am just careful to ensure that he discusses the Crown Prosecution Service and its relationship to the case, rather than the case against Lord Janner itself. That is on advice from the Clerks.

[Simon Danczuk]

I understand that, Mrs Main. Although there is no case against Lord Janner—

[Mrs Anne Main (in the Chair)]

No, it is not sub judice. There is no case against Lord Janner, but it is a long-established practice of the House not to criticise Members of the other House except on a substantive motion. I will let the hon. Gentleman carry on and, if he does not mind, I will jump in if I think he is going off piste, so to speak.

[Simon Danczuk]

Thank you, Mrs Main. I always appreciate your guidance in these matters.

The CPS’s failure to prosecute cases can have a real impact and can be extremely damaging. Research shows that child sexual abuse victims die on average 20 years early: they may commit suicide, become alcoholic or drug dependent, or just struggle to cope with life because of what has been done to them by their abusers. We know that abuse victims die in their 30s, 40s or 50s, while their abusers live into their 70s or 80s. Such a failing by the CPS also reduces the public’s faith in the justice system. It discourages people from reporting child sexual abuse because they think the CPS will say that the victims are unreliable; that it is not in the public interest; or, as in the case of Lord Janner, that the alleged perpetrator is too ill.

Most importantly, failure by the CPS emboldens the perpetrators of child abuse. When the CPS failed to prosecute Cyril Smith in the 1960s, he went on to abuse for decades; and when the CPS failed to prosecute the Rochdale grooming gang in the early 2000s, it carried on raping Girl A for years afterwards. Poor white working class boys were considered unreliable witnesses in the 1960s in relation to Cyril Smith. Fast forward and poor white working class girls were considered unreliable witnesses in the 2000s.

Returning to the case of Lord Janner, the shocking thing is that the CPS admits that the witnesses are not unreliable. It admits that Janner should face prosecution, but refuses to bring a case. I know the police are furious about this, and rightly so. Anyone who has heard the accusations would be similarly outraged. I have met Leicestershire police and discussed the allegations in some detail: children being violated, raped and tortured, some in the very building in which we now sit. The official charges are: 14 indecent assaults on a male under 16 between 1969 and 1988; two indecent assaults between ’84 and ’88; four counts of buggery of a male under 16 between ’72 and ’87; and two counts of buggery between 1977 and 1988. My office has spoken to a number of the alleged victims and heard their stories. I cannot overstate the effect that this abuse has had on their lives.

To sum up, I want to make the following points about the case. If Lord Janner really is too ill to face prosecution, why cannot the courts establish this with a fitness-to-plead process? This would clear up doubts that still linger. For example, why was he still visiting Parliament on official visits after he was declared unfit to face justice? Why is he able to contribute to the law-making process in the House of Lords, but unable to face the law himself? If it is found that he is genuinely too ill to stand trial, why not conduct a trial of the facts? This would allow the victims to tell their stories and gain some sense of justice. The DPP has said that a trial of the facts would not be in the public interest. Personally, I fail to see how the knowledge that a peer of the realm is a serial child abuser is not in the public interest.

[Mrs Anne Main (in the Chair)]

Order. I caution the hon. Gentleman about alleging anything against Lord Janner and making assertions about his guilt or innocence.

[Simon Danczuk]

Thank you, Mrs Main. I appreciate that.

The Director of Public Prosecutions has said that Lord Janner will not offend again. But the failure to prosecute Lord Janner offends every principle of justice. He may not abuse again, but the legacy of the abuse continues. His victims need the truth and they need to be heard.

RSPCA (Prosecutions)

Simon Danczuk Excerpts

Tuesday 29th January 2013 Westminster Hall

[Glyn Davies]

I agree with my hon. Friend. I know Opposition Members will say that there is a law and that the RSPCA’s job is to pursue the law, but the RSPCA then becomes a prosecution body and an animal rights body, and it loses the support of all those people who care about animal welfare first and foremost. I am one of those people.

[Simon Danczuk (Rochdale) (Lab)]

Does the hon. Gentleman accept that upholding the law is not a political act? Prosecuting lawbreakers is not an overtly political act, and a range of organisations that bring private prosecutions are not particularly political.

[Glyn Davies]

I thank the hon. Gentleman, but he would surely agree that almost all coverage of the RSPCA in the media today gives the impression of it simply as a prosecution body because it has pursued high-profile political prosecutions. The RSPCA has become that sort of body, and it is losing support.

Animal welfare is hugely important to many of us, and I want my RSPCA back; it was a body I felt supportive of, and I want it back.

--- Later in debate ---

[Sir Edward Garnier]

I suspect that the hon. Gentleman reads The Daily Telegraph more often than I do, but there we are; I am sure he enjoys doing so.

I want to make it clear that as a Member of Parliament, a private citizen and a former Law Officer, I have no objection in principle to private prosecutions. Equally, however, Parliament has controlled in one way or another private citizens’ ability to take private prosecutions. I think the most recent example—my right hon. and learned Friend the Attorney-General will correct me—was the alteration in how prosecutions may be brought for the international reach of war crimes. I do not have the detail in my head right now, but I think that the situation has been altered to require that the Director of Public Prosecutions take over that sort of prosecution. We should not shy away from alterations to the rules relating to private prosecutions.

[Simon Danczuk]

The hon. and learned Gentleman will accept that the Law Commission considered the issue of private prosecutors in 1998 and found that adequate safeguards were in place. That was relatively recent. Does it not explain the situation? Everything is okay and should continue as it is.

[Sir Edward Garnier]

That is rather complacent. The whole point of being a Member of Parliament is to express one’s view on the basis of indirect or direct knowledge. Yes, the Law Commission considered the principle of private prosecutions not very long ago, but that does not prevent me from having a different view about particular types of private prosecution, and I am about to express it.

We must be watchful of the ability of the citizen—by “citizen” I mean either a corporate organisation, such as a charity, or an individual—to convert a legitimate public interest activity, namely the bringing of a prosecution in an appropriate case, into an arm of a political campaign. We all have different views about particular public issues—that is why we are elected for our separate parties—but we must be careful that the prosecuting system does not allow itself to become an arm of any one political campaign or a number of campaigns. That is the whole point of having a Crown Prosecution Service.

Certainly during my time in government, the Crown Prosecution Service subsumed the prosecuting wing of the Department for Environment, Food and Rural Affairs. Within DEFRA, there is a group of prosecutors who take on animal welfare cases, among other things, that were previously dealt with by Ministry of Agriculture, Fisheries and Food prosecutors. That subsection of DEFRA has now moved into the Crown Prosecution Service, which seems a sensible place for those people to carry out their work.

We must be careful. Although we do not wish all private prosecutions to be brought to an end, we are entitled to issue a warning to the RSPCA that if that sort of conduct—that is, the prosecutions referred to by the hon. Member for Derby North and others, in which the costs of £300,000-plus incurred were described by the judge as quite staggering—