Oral Answers to Questions

Suella Braverman Excerpts

Thursday 18th November 2021 Commons Chamber

[Chris Elmore (Ogmore) (Lab)]

1. What steps she is taking to help improve prosecution levels relating to section 24 of the Offences Against the Person Act 1861.

[The Attorney General (Suella Braverman)]

The recent rise in reports of spiking is incredibly concerning. The Crown Prosecution Service will always treat maliciously administering poison as a high harm offence. In 2020-21, the CPS brought 222 charges under section 24, which was an increase of 22% on the previous year.

[Chris Elmore]

It is truly horrendous to see reports in recent weeks about the huge numbers of people who are being spiked and then unable to find any sort of recourse to the criminal justice system. I am sure the Attorney General agrees with that. Does she further agree that it cannot be right to simply wait for the police to tell the Government how they can improve the levels of prosecution and bring about new charges? It really should be now for the Government to review the legislation to ensure that the victims are able to find redress and that those people who undertake spiking are prosecuted with the full force of the law.

[The Attorney General]

The hon. Gentleman is absolutely right to raise this issue, and I share his concern. I am really pleased that the Home Secretary has asked the National Police Chiefs’ Council to urgently review the extent and scale of the issue. Of note is that there was an increase of 46% in the number of prosecutions brought by CPS Wales for offences under section 24. On the point about the legislative framework, he will know of course that section 24 is not the only avenue for redress. There is section 23, and section 61 of the Sexual Offences Act 2003, which can be used in appropriate circumstances.

[Mr Philip Hollobone (Kettering) (Con)]

Women and girls in pubs and nightclubs understandably feel vulnerable to having their drinks spiked, being spiked by needles or being supplied with dodgy and illegal drugs. The maximum penalty under the Offences Against the Person Act 1861 is 10 years in prison. How many of those who have been prosecuted have been sentenced to 10 years?

[The Attorney General]

As I mentioned, several legal bases may be invoked in regard to these circumstances. Section 23, which covers poisoning that endangers a person’s life, carries a maximum sentence of 10 years in prison. CPS figures show that there were 10 charges for that offence in 2020-21. Section 61, which is an offence to administer a substance to a person without their consent, again carries a maximum of 10 years in prison. Again, there were 10 charges for that offence in 2020-21.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

Chilling reports of women being spiked by injection are just the latest example of the epidemic of violence that has left women and girls feeling unsafe. The latest figures show there were 1,223 reports of spiking under this Act, yet only 88 convictions, so will the Attorney General confirm her Government’s support for Labour’s amendment, tabled in the other place, calling for a wide-ranging review into the prevalence of spiking and the response of the criminal justice system when investigating these offences, or will she continue to allow women and girls to be failed by this Government?

[The Attorney General]

As I mentioned, the Home Secretary has already asked for an urgent review on the scale of this particular problem, about which we are very concerned. We are supporting the roll-out of pilot initiatives to improve the safety of women at nightlife venues. The £5 million safety of women at night fund and the £25 million safer streets fund will support projects that target potential perpetrators, seek to protect potential victims and deliver programmes intended to address offending behaviour.

[Robin Millar (Aberconwy) (Con)]

2. What discussions she has had with Cabinet colleagues on the implications for the Government's policies of the Supreme Court judgments of 6 October 2021 on the legislative competence of the Scottish Parliament relating to its legislative proposals on the (a) UN Convention on the Rights of the Child and (b) European Charter of Local Self-Government.

[The Attorney General (Suella Braverman)]

I welcome the unanimous decision of the Supreme Court to agree with the Law Officers that all provisions raised by virtue of our reference under section 33 of the Scotland Act 1998 were outside the legislative competence of the Scottish Parliament. It is for the benefit of all citizens throughout the UK that both Governments operate within their respective powers, as set out in the Scotland Act 1988. That is why this decision is important.

[Robin Millar]

I thank the Attorney General for her answer. Many, indeed all of our laws are crafted carefully, thoughtfully, and often after vigorous debate, and many offer important protections. Will my right hon. and learned Friend reassure the House that any devolved gender recognition legislation will not constrain or reinterpret the protections under the Equality Act 2010?

[The Attorney General]

My hon. Friend raises an important point about our devolution settlement, and the Government are clear on their position as set out in our recent response to the consultation on the Gender Recognition Act 2004. First, the protection of single-sex spaces is extremely important; secondly, we must ensure that transgender adults are free to live their lives as they wish, without fear of persecution, while maintaining checks and balances in the system. Finally—this is not directly related to the GRA, but it is important nevertheless—we must ensure that under-18s are protected from decisions that they could make that are irreversible in the future. Any legislation that the Scottish Parliament may pass in that regard will not affect this Government’s position on our Gender Recognition Act.

[Mr Speaker]

I call the SNP spokesperson.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

To return to the original topic, perhaps the Attorney General should take this opportunity to congratulate the Scottish Parliament on voting unanimously to incorporate the convention on the rights of the child, and follow Holyrood’s example, instead of trying to stymie it. Three little subsections of the Act were ruled incompetent, as they would limit the powers of this Parliament and reserved public authorities to contravene children’s rights. Will the Attorney General explain why her Government fought so hard for the powers to breach children’s rights, and will she ensure that the powers are transferred to Edinburgh to complete the job? In short, let us prioritise children’s rights instead of this Parliament’s rights to trample all over them.

[The Attorney General]

With respect to the hon. Gentleman, I take greater instruction from the President of the Supreme Court who stated in paragraph 77 of his judgment that there had been a decision by the Scottish Parliament to draft and enact a provision whose plain meaning did not accurately represent the law. That could not have been Parliament’s intention in enacting the Scotland Act 1998, and that is a decisive and emphatic statement from the Supreme Court. I say gently to the hon. Gentleman that if the Scottish National party really cared about children’s rights, it would stop obsessing about constitutional division and instead focus on reversing the plummeting standards in Scottish schools.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

11. What recent discussions she has had with the Home Secretary on the Nationality and Borders Bill proposals to intercept small boats and return asylum seekers to France.

[The Attorney General (Suella Braverman)]

The traffickers organising these dangerous crossings are putting lives at risk, and it is vital that we do everything we can to protect them and prevent them from operating from France. We must break the business model of criminal gangs exploiting vulnerable people. Our position is clear: people should claim asylum in the first safe country they reach, and they should not risk their lives by making these dangerous journeys across the channel.

[Martyn Day]

There is a duty on ships to rescue persons who are in danger at sea, in both customary international law and in binding international conventions such as the 1974 international convention for the safety of life at sea and the 1982 UN convention on the law of the sea. Given the UK Government’s supposed commitment to an international rules-based system, how does the Minister square that with clearly flouting those rules?

[The Attorney General]

The Home Office is taking lawful action in the channel to disrupt the traffickers’ life-threatening and criminal business model, and that really should not be in question. This Government are taking urgent and necessary measures to fix our broken asylum system, stop people traffickers, and deter illegal entry, and I am most disappointed that the hon. Gentleman and his party did not see fit to support that.

[Alan Brown]

The Home Office proposals are immoral, dangerous and, as we have just heard, illegal, because they break international law. This Government want to force others to do their bidding by breaking international law on their behalf. Any QC and Attorney General worth their salt would be telling the Home Secretary to forget her plans and not to break international law. Why will the Attorney General not step up to the plate?

[The Attorney General]

The UK prides itself on its leadership within the international system and it discharges its international obligations in good faith. We have a proud history of providing protection to those who need it and to migrants who have a lawful basis to be here. My personal background is one such case of reference. Let me just say this. I have acted for the Government in court on several immigration and asylum cases—many, many of them—and I can tell the House that our asylum system is broken. Our Bill fixes it and it is a shame that the hon. Gentleman voted against it.

[Sir William Cash (Stone) (Con)]

Does the Attorney General agree that it would not be practical or possible in law for international law to condone illegal immigration?

[The Attorney General]

My hon. Friend is absolutely right. There are international rules and conventions, which bind state parties, on our duties when it comes to maritime law and our obligations. We honour those duties and take them very seriously. We also have a domestic regime of immigration and asylum, which we are able to modify and change now that we have left the European Union.

[Alex Cunningham (Stockton North) (Lab)]

4. What recent discussions she has had with Cabinet colleagues on (a) the role of the CPS in improving conviction rates for rape and (b) the end-to-end rape review targets for rape prosecutions.

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[Duncan Baker (North Norfolk) (Con)]

6. What recent assessment he has made of the effectiveness of the CPS in prosecuting offences relating to county lines drug dealing.

[The Attorney General]

The CPS’s early investigative advice on county lines with the police is making a difference. The majority of county lines offending relates to drug convictions and human trafficking. This year—although these figures do not relate to county lines offending alone—the CPS has secured 36,000 drug convictions and 238 human-trafficking convictions.

[Duncan Baker]

I want to place on record my thanks to Norfolk police; last month, it arrested 12 county lines drug dealers in a week-long crackdown against drugs across Norfolk. That is to be hugely applauded. I just want to check: do the police have the right support and, more importantly, does the CPS have all the tools that it needs and the resources to prosecute drug-dealing across our country successfully?

[The Attorney General]

My hon. Friend raises an important point. I applaud his police team in Norfolk for their great results. In the east of England, Operation Orochi has led to significant terms of imprisonment imposed on 42 offenders convicted. As of October 2021, the number of county lines operations covered by the operation has been more than halved. They work closely with the police, leading to a high volume of convictions since November 2019.

[Edward Timpson (Eddisbury) (Con)]

7. What steps she is taking with (a) the CPS, (b) Government Legal Service and (c) Cabinet colleagues to support the recovery of the criminal justice system since the easing of covid-19 restrictions.

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[Laura Trott (Sevenoaks) (Con)]

9. What assessment she has made of the effectiveness of the unduly lenient sentence scheme in 2021.

[The Attorney General (Suella Braverman)]

In 2021, the unduly lenient sentence scheme has continued to ensure that the seriousness of offending is properly reflected in the sentence imposed. More than 100 cases have been heard by the Court of Appeal this year. I have personally presented cases, securing an increase in the sentence imposed on a rapist earlier this year.

[Laura Trott]

Along with many in this House, I have become increasingly concerned about unduly lenient sentences for rape, especially in relation to crimes committed against minors. Last month, a man was jailed after being found guilty of six counts of rape of a 14-year-old, two counts of sexual activity with a child, and other sexual offences; he was sentenced to only nine years’ imprisonment. That follows reports that last year a man was jailed after being found guilty of raping a three-year-old in a wood; his sentence, too, was nine years.

Those prison sentences are simply not long enough. Will the Attorney General agree to look at those cases and meet me to discuss what more can be done to ensure that the sentences match the crimes committed?

[The Attorney General]

My hon. Friend raises some very grave cases. I assure her that such offences are within the scope of the unduly lenient sentence scheme, and that the Solicitor General and I will consider every such referral to us with the greatest care.

I am proud of our work in respect of offending against minors. In three recent cases concerning child sexual abuse, offenders’ non-custodial sentences were replaced with immediate custody, which I hope sends a clear message about how seriously such offending is taken.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

10. What steps the CPS is taking to help improve prosecution rates for serious crime.