Oral Answers to Questions

Suella Braverman Excerpts

Thursday 26th May 2022 Commons Chamber

[Bob Blackman (Harrow East) (Con)]

1. What recent assessment she has made of the performance of the CPS in London North.

[The Attorney General (Suella Braverman)]

Before I answer my hon. Friend, I inform the House that my friend and close partner, the Prosecutor General of Ukraine, is in the Gallery. It gives me great pleasure to welcome her to London to watch Attorney General questions this morning. I recently visited Ukraine to witness first hand the indomitable and inspiring work that she is leading in Ukraine to bring to justice those Russian soldiers suspected of war crimes. The UK is proud to stand shoulder to shoulder with our friends in Ukraine. Slava Ukraini.

The Government are, of course, committed to holding the criminal justice system to account for its performance, which is why we are now publishing criminal justice scorecards that focus on regional performance, which make a crucial contribution to our understanding of how the system is working. CPS London prosecuted nearly 39,000 cases in 2021, with almost 29,000—74%—ending in a conviction. That is a 15.2% increase from 2020. The inspectorate recently completed an inspection of CPS London North and I am pleased to report that it found commendable improvements in the prosecution of rape and serious sexual offences.

[Madam Deputy Speaker (Dame Eleanor Laing)]

The whole House joins the Attorney General in welcoming our colleagues from Ukraine.

[Bob Blackman]

I associate myself with the Attorney General’s remarks to our friends from Ukraine.

Clearly, one of the most important aspects of CPS performance is how it deals with witnesses and victims, particularly of violent crimes. Can she update the House on how CPS London North has performed against those criteria?

[The Attorney General]

I was pleased that the inspectorate report that looked specifically at performance in CPS London North found that 81.3% of responses to witnesses fully met the standard for being timely and effective. There is always more we can do and I know that the CPS is committed to improving the quality of its communication with victims. I would say, however, that CPS London North was also successful in securing convictions very recently for serious offences and we should record our thanks and gratitude to its team of prosecutors.

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

I am a co-chair of the all-party group on miscarriages of justice, and we are all conscious that we want the Crown Prosecution Service to be as good as it possibly can be. However, up and down the country—in London and elsewhere—there are serious worries about recruitment and the performance of many members of staff. Could there be a thorough look at the performance of the CPS at the moment?

[The Attorney General]

I regularly visit CPS teams around the country, and there is a huge amount of dedication and commitment to improving performance. No one is under any illusion about the scale of improvement needed. However, we are seeing huge measures, with investment and resources being ploughed into the system nationwide—whether that is Operation Soteria, or the pilots in the south-east and in Avon and Somerset. All around the country, we are seeing better practices, focusing on closer collaboration between the police and the prosecutor, earlier investigative advice and more support for victims. We now have some changes to the disclosure guidelines, which are going to focus on supporting victims. I think that, cumulatively, we are going to see improvements and the early data gives me grounds for optimism.

[Kate Osborne (Jarrow) (Lab)]

2. What steps she is taking to increase the number of prosecutions relating to violence against women and girls.

[Andrew Gwynne (Denton and Reddish) (Lab)]

11. What steps she is taking to increase the number of prosecutions relating to violence against women and girls.

[The Attorney General (Suella Braverman)]

I have seen at first hand the horrendous damage that these crimes do to victims, particularly when I was honoured to visit the Havens, which is a sexual assault referral centre, and that is why tackling violence against women and girls is a central mission of this Government. Supporting victims from the report to the police right through to trial and sentencing is a service that all victims deserve. I am working very closely with the Lord Chancellor and the Home Secretary so that we get a whole-system response to this challenge. I am very pleased to see that there has been a notable change in the volume of prosecutions, which has increased by more than 10% from quarter 2 to quarter 3 in 2021-22.

[Kate Osborne]

I thank the Attorney General for her response. In 2020, one in 20 victims of sexual assault reported being drugged or spiked by the perpetrator responsible for their assault, and that was before the terrifying reports last year of young women being injected. Given the scale and seriousness of this spiking epidemic, does the Attorney General regard it as acceptable that just 102 people were convicted for spiking offences in the whole of 2021? What more is being done to tackle this?

[The Attorney General]

I know that the Home Office is looking very closely at the issue of spiking. There will be movement on this because we take it very seriously, and we are very concerned about the increasing number of incidents relating to the spiking of victims as a way of attacking and sexually assaulting them. In the data we are beginning to see on how the system is responding—whether that is the number of referrals the police are making to the CPS, the number of charges that the CPS is passing on to trial and for prosecution, or the actual conviction rate—we are seeing improvements. We want to go further, of course, but we are seeing early signs of improvement.

[Ruth Cadbury]

The Attorney General rightly talked about a whole-system approach, but over the past year I have seen an increasing number of extremely concerning cases involving domestic violence in which, specifically, the CPS, the probation service, the courts and the police all seem to be operating in silos when trying to protect women from abusive ex-partners who continue to abuse and harass them. What is the Attorney General doing to ensure that the various parts of the criminal justice system work together to increase prosecutions and protect these women?

[The Attorney General]

The hon. Member is absolutely right that a whole-system approach is required. That is why the end-to-end rape review was announced last year and we have seen updates on how particularly the CPS is doing in relation to its responsibilities. The CPS recently published a rape strategy and the update to that, which sets out the improvements it has continued to see in every aspect of how it is managing rape prosecutions: better collaboration, as I mentioned; supporting more specialist units; and ensuring more support is given to victims. But I would just gently say that the Police, Crime, Sentencing and Courts Act 2022, which I was proud to support as a great initiative by this Government, set out provisions to increase the sentences to be served by rapists and others convicted of sexual assault and I am only sorry that Labour voted against those measures.

[Madam Deputy Speaker (Dame Eleanor Laing)]

We will have to go a little faster. I appreciate that the Attorney General has complicated questions to answer, but we have a lot of business ahead of us today. We are supposed to have only another five minutes. We will obviously take longer, but can we go a little faster—short questions, short answers?

[Andrew Gwynne]

I am sure the Attorney General will have read the damning conclusions, and indeed the horrendous case studies, set out in last month’s joint inspectorate report into post-charge handling of rape cases. Does she accept the report’s findings when it comes to the way the system is failing survivors of rape and will she give us both a commitment and a timetable to implement its recommendations?

[The Attorney General]

We are of course always concerned about the need for more improvement and no one is denying that challenge. However, the CPS is committed to driving up the number of rape prosecutions and I am pleased with the green shoots of progress, which is notable from the recent data. If we compare performance —[Interruption.] This is not to be dismissed or laughed at. Since quarter 4 of 2018, the volume of CPS rape charges has increased by 24%. We have also seen that the rape conviction rate is 70%. Those are grounds for optimism. I do not deny that there is more to do, but we are seeing movement in the right direction.

[Mr John Whittingdale (Maldon) (Con)]

Nowhere is there worse violence being committed against women and girls than that by Russian soldiers in Ukraine. Can the Attorney General assure the House that she will give every assistance to the Ukrainian prosecuting authorities to ensure that prosecutions will one day take place?

[The Attorney General]

I thank my right hon. Friend for raising that important issue. That is exactly the subject for discussion today and tomorrow with my friend the Ukrainian Prosecutor General, who has come to London at my invitation. I was honoured to go to Ukraine to see at first hand some of her work. What is remarkable about the leadership and fortitude the Ukrainian Prosecutor General is demonstrating is that she has already brought and led some charges and prosecutions of Russian suspects and one Russian soldier has already been sentenced for a war crime. That is remarkable, given the circumstances in which she and the Ukrainians are working.

[Mr Peter Bone (Wellingborough) (Con)]

In England, modern slavery victims are helped by victim navigators to get the criminals to trial. Unfortunately in Wales, in the last seven years, there have only been two successful prosecutions under modern slavery legislation where people have been put in prison. Will the Attorney General look at expanding the victim navigator scheme to Wales in association with the great charity Justice and Care?

[The Attorney General]

I am grateful to my hon. Friend for raising that issue. He is a doughty campaigner on this subject and I commit to looking more into what can be done.

[Andy Slaughter (Hammersmith) (Lab)]

May I add my welcome to our friends from Ukraine?

In January, the Attorney General told the House:

“This Government take tackling domestic abuse and hate crime extremely seriously”.—[Official Report, 6 January 2022; Vol. 706, c. 142.]

Why, therefore, has she spent the months since then taking the BBC through the High Court to protect an MI5 informant who attacked one partner with a machete and another partner predicted will kill a woman if he is not challenged and exposed? One of his victims is now taking her case to the Investigatory Powers Tribunal, but does this not demand a fuller investigation? Rather than disregard the interests of domestic violence victims where the security services are involved, will the Attorney General support an inquiry by the Intelligence and Security Committee into the handling of this case and whether it raises wider concerns that agents are able to use their status to evade criminal responsibility?

[The Attorney General]

Of course, any allegation of domestic abuse or sexual assault on victims is horrendous. On no account does anyone in this Government condone that behaviour. I was very pleased with the result at court of our application for an injunction, because there are national security interests, and it is vital that those are balanced in any matter.

The Government are taking huge steps to support victims of domestic abuse. We passed a landmark piece of legislation, the Domestic Abuse Act 2021, which brought in key measures, key duties and investment to support those who are victims of this heinous crime. I hope the Labour party will get behind that ongoing work.

[Jerome Mayhew (Broadland) (Con)]

4. What assessment she has made of the Serious Fraud Office’s ability to tackle serious economic crime in 2022-23.

--- Later in debate ---

[Ian Paisley (North Antrim) (DUP)]

7. What recent advice she has received on the legality of the Government’s plans to amend primary legislation to adjust elements of the Northern Ireland protocol.

[The Attorney General (Suella Braverman)]

I cannot comment specifically on any advice that I may or may not have received. It is not uncommon or inappropriate for Law Officers to seek advice, both from their officials and external specialist counsel. The Foreign Secretary’s statement to the House last week set out the Government’s proposals. She will be introducing primary legislation to address elements of the Northern Ireland protocol. I refer the hon. Member to that statement.

[Ian Paisley]

I thank the Attorney General and I appreciate the constraints within which she has to work on this matter. The Government are, of course, well within their rights to bring forward legislation to protect the integrity of the United Kingdom’s single economic market and protect the Union. Will the Attorney General take the opportunity today, from the Dispatch Box, to spell out to the misinformed US Congress delegation visiting Northern Ireland that defending, upholding and protecting the Union is consistent with the New Decade, New Approach agreement and consistent with the Belfast agreement? Will the Government move expeditiously—that is, before the summer recess—on bringing forward legislation?

[The Attorney General]

The Bill that is proposed will take vital steps to protect the integrity of the United Kingdom, our precious Union, and protect peace, which is cemented by the Belfast agreement. It will include provisions which will ensure the security of the common travel area, the single electricity market and north-south co-operation. It will propose that goods moving and staying within the UK are freed of unnecessary bureaucracy through our new green channel, underpinned by data-sharing arrangements, including a trusted trader scheme, to provide the EU with real-time commercial data. All those measures are consistent with the Belfast agreement and consistent with Northern Ireland’s place within the United Kingdom. I urge all Members here and parliamentarians abroad to support them.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

The Attorney General said again today that there is a long-standing convention that prevents her from discussing either the fact or the content of her legal advice on the Northern Ireland protocol, which makes it all the more remarkable that, on Wednesday 11 May, The Times newspaper and BBC “Newsnight” not only disclosed the fact of her legal advice, but actually quoted from its contents. Let me ask her a very straightforward question that requires only a yes or no answer: did she personally authorise the briefings to The Times and “Newsnight” regarding her advice on the protocol—yes or no?

[The Attorney General]

I take the convention incredibly seriously; it is a running thread through the integrity, robustness and frankness with which Law Officers can provide advice. I do not comment on media speculation, and that is the Government’s line. [Interruption.] The measures proposed there are to protect peace in Northern Ireland, to protect the Belfast agreement and to protect our precious United Kingdom—[Interruption.]

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. The question has been asked. It is simply not right for the—[Interruption.] The Attorney General is on her feet uttering words. If the right hon. Member for Islington South and Finsbury (Emily Thornberry) is not happy with the answer, that is a different matter. It is not correct for her to sit there shouting. [Interruption.] No, that is it. The right hon. Lady has asked the question and the Attorney General is giving her response.

[The Attorney General]

Thank you, Madam Deputy Speaker. I take the Law Officers’ convention incredibly seriously and I do not comment on media speculation. That is a firm position of the Government. There are big differences between the right hon. Member for Islington South and Finsbury (Emily Thornberry) and myself, and I am very disappointed at her line of attack. [Interruption.] I love the United Kingdom; the right hon. Lady is embarrassed by our flag. I am proud of the leadership that the United Kingdom has demonstrated; she wants us to be run by Brussels and wants to scrap Trident. My heroes are Churchill and Thatcher; hers are Lenin and Corbyn. [Interruption.] When it comes to UK leadership in the world, Labour does not have a clue—[Interruption.]

[Madam Deputy Speaker]

Order. We will stick to the specific subject of the question. If the right hon. Member for Islington South and Finsbury is not satisfied with the answer, that is another matter. She will have to come back and ask it again another time.

--- Later in debate ---

[Angela Crawley (Lanark and Hamilton East) (SNP)]

The Attorney General’s advice to the Prime Minister was reported to have said that the Good Friday agreement takes “primordial significance” over the Northern Ireland protocol. Does she accept that the Good Friday agreement sits alongside other agreements, rather than takes precedence, and that it should not be used as a basis to walk away from the deal that the UK Government signed? Will she commit to publishing the legal advice in full?

[The Attorney General]

I will not repeat my answer, but we do not comment on media speculation and I respect and take incredibly seriously the Law Officers’ convention. The Foreign Secretary has made it clear that the Government will publish a statement summarising their legal position shortly. We will not publish legal advice, if it has been given—the content or the fact of it—and our overriding responsibility is to the Belfast agreement and the peace process. The current arrangements with the EU are undermining this, which is why we have to act now.