Oral Answers to Questions
Suella Braverman Excerpts(2 years, 5 months ago)
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Tony Lloyd (Rochdale) (Lab)
The Attorney General (Suella Braverman)
Before I answer question 1, may I take the opportunity to pay tribute to my superb hon. and learned Friend the Member for Cheltenham (Alex Chalk)? He was quite simply an excellent Solicitor General, who took the difficult decision to resign from the Government this week. He was an absolute honour and pleasure to work with, a brilliant lawyer, a dedicated Member of Parliament and a shining example of the highest standards of public service.
Victims are not spectators. They have the right to be informed of their case and to be supported. That is why the Government are increasing funding for victim and witness support services to £192 million by 2024-25, which represents an uplift of 92% on core budgets in ’20-21. A large proportion of that funding has been allocated to police and crime commissioners to commission local victim support services. For ’22-23, the Ministry of Justice allocated about £5.2 million to the Greater Manchester PCC, to support services.
Tony Lloyd
I am bound to welcome any extra resources to support victims. Nevertheless, victims and their families are still treated in an appalling fashion in too many cases. Cases that do not come to court, trials that are cracked and all the things that go wrong give victims the impression that they are simply an adjunct to the process. What is the Attorney General seriously going to do about it?
The Attorney General
Well, I think that the Government have already acted in a significant way to put victims front and centre in our criminal justice system so that justice is secured for them. For 2021-22, the Ministry of Justice has provided £150 million for victims and witnesses alone, whether that is with more independent sexual violence advisers, who are game-changing in the victim experience—victims have told me personally how transformative the presence of an ISVA can be to their experience through the criminal justice system—or with the £20 million for local community-based sexual violence and domestic abuse services. I am very proud of the track record of this Government on supporting victims.
The Attorney General
My hon. Friend makes an important point about the forthcoming Victims Bill. I am proud that the Government are introducing specific measures to transform victims’ experience of the criminal justice system. The Bill will pursue measures to improve victims’ experiences; we are looking at what more can be done to ensure that the victim’s voice is heard, both pre and post charge. I am particularly proud of the victims code, which came into force last year and is a real reflection of our commitment to victims.
Emily Thornberry (Islington South and Finsbury) (Lab)
May I say what an honour it is to be at this Dispatch Box facing the next Prime Minister as she awaits her call from the palace? It is a true honour, although colleagues will have noticed that in her list of leadership priorities last night the Attorney General had absolutely nothing to say about tackling the epidemic of crime in our country or ending the culture of lawbreaking in our Government, both of which have flourished on her watch. What she did say last night, however, was that we need to
“shrink the size of the state”.
I ask the Attorney General a very simple question: in percentage terms, what size of staffing cuts does she plan to make to the Crown Prosecution Service, and what will that mean to the record backlogs that our courts currently face?
The Attorney General
I know that the right hon. Lady loves to degrade these question sessions to petty politics. I am not going to lower myself to her standards; I am here to talk about victims and what we are doing to secure justice for vulnerable people. I am very proud of the financial settlement that this Government have put into the CPS, increasing the number of prosecutors. Notably, in the past 12 months alone there have been 115 more RASSO-trained prosecutors in place to work specifically to support victims.
The Attorney General
The hon. Lady has raised some good points. Over the last two years, however, there has been a sea change in what the Government have been doing to tackle violence against women and girls. We now have more data, with localised data dashboards and scorecards shining a light on how different parts of the country are performing in relation to RASSO— rape and serious sexual offences—and indeed all crime, and how they are recovering from covid.
As I have said, I am proud of the victims code, which contains 12 rights for victims which will be enshrined in statute—for instance, a right for victims to be referred to the relevant support services, a right for victims to have access to the relevant information, and a right for victims to make a personal statement in court. Those are meaningful changes that this Government have introduced, and I am very proud of that.
Craig Williams (Montgomeryshire) (Con)
The Attorney General (Suella Braverman)
I visited the CPS in Wales in February and was pleased to be able to speak to the hard-working and dedicated prosecutors about their work, which has also been praised in a recent report from the CPS inspectorate. I know that the hon. Member had a productive meeting with the Chief Crown Prosecutor for Wales recently, and I hope he will join me in commending the area for its strong performance in recovering from the backlog.
Craig Williams
I thank the Attorney General for her answer, and it is good to see her in her place. I also pay tribute to Jenny Hopkins, the Chief Crown Prosecutor for Wales. As the Attorney General said, I met her recently, and she and her team are doing a terrific job. However, the court backlog in Mid Wales—rural Wales—is still quite spectacular. What is the Attorney General doing to deal with the problem?
The Attorney General
The data, to which we now have unprecedented access, shows that when it comes to recovery from covid and court backlogs, the CPS in Wales and the local criminal justice board have performed exceptionally well. Huge resources have been put into court recovery, which is why the magistrates court backlog in the CPS Wales area was the first to recover from the impact of covid, with live caseload numbers falling to below pre-covid levels in December 2021.
I successfully personally presented a case at the Court of Appeal, sitting at Cardiff Crown court, which resulted in an increase from 13 years to 20 years and seven months, with an extended licence period of five years,. in the prison sentence given to Stephen Gibbs for an attempted murder. I was delighted and honoured to be in court in Wales.
Scott Benton (Blackpool South) (Con)
Mrs Flick Drummond (Meon Valley) (Con)
The Attorney General
We are united in our combined efforts, across Government, to improve performance for victims and increase the number of successful rape cases that go through our courts. Since we published our rape review action plan, there has been a steady increase in the number of rape charges, prosecutions and convictions quarter on quarter. We are closing the gap between complaints and convictions. Most notably, the number of convictions for rape offences is up by 27% on the number in 2019.
Scott Benton
In Lancashire, our brilliant police and crime commissioner, Andrew Snowden, is funding a variety of projects to reduce the number of rape and serious sexual offences. They include dedicated specialist support services for victims, and Operation Night Guardian, which focuses on the night economy. How is the CPS in Lancashire working alongside our police and crime commissioner to improve the rates of conviction for these abhorrent crimes?
The Attorney General
I am pleased to report that CPS North West is in an Operation Soteria area. Operation Soteria, which was introduced recently under this Government, is an ambitious joint police and CPS programme of work to transform the way in which rape prosecutions are handled. It will provide a renewed focus on investigating the suspect rather than the victim, and will ultimately create a new operating model for the investigation and prosecution of rape. We are pleased to be seeing the green shoots of progress nationally: the number of rape convictions has increased by 29% compared with the last quarter pre-covid.
Mrs Drummond
I have a constituent whose sperm was used without his consent by his ex-partner so that she could become pregnant. The police have looked at the case and passed it to the CPS, which says that the law does not allow it to deal with the offence as any kind of sexual assault. Will my right hon. and learned Friend look at the law? This is not just “sperm theft”, but a form of sexual assault and a violation of my constituent’s rights.
The Attorney General
My thoughts are very much with my hon. Friend’s constituent. That sounds like a very traumatic affair. I want to thank her for raising this case. I know that she has already received a reply from my Department setting out the reasons why the CPS could not proceed with this particular case. The CPS looked at all the facts of the case carefully and considered all the available offences under current legislation before determining that no offence had been committed under current law. I will raise the case with my colleagues in the Ministry of Justice so that they might look at the existing statutory framework.
Ruth Cadbury (Brentford and Isleworth) (Lab)
Since the Supreme Court reversed the Roe v. Wade judgment, a 10-year-old girl in Ohio who is pregnant as a result of rape has been forced to travel to Indiana from her home state for an abortion, which she could not get locally. Will the Attorney General condemn the appalling cruelty that has resulted, and will result, from the Supreme Court ruling? Will she also condemn the Conservative MPs who celebrated it on social media?
The Attorney General
I do not think it is the right of a UK Government Minister to comment on a judicial decision in another jurisdiction such as the United States. That is a matter for the United States Supreme Court and the United States Congress to resolve. What I am focused on is the experience of victims in Britain and Wales and how we can improve our criminal justice system. That is why I am very proud of the achievements that we have secured. I am very proud that, for example, the CPS prosecuted 430,000 defendants last year on a whole suite of offences, including 69 alleged terrorists, 33 of whom were convicted, and 19,000 serious violence offences, with a conviction rate of almost 75%. Those are the statistics, the facts and the policies on which I am focused.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
Is the Attorney-General proud of her achievements when the delay between offence and completion in rape cases is now more than 1,000 days and there are 50 UK Crown courts with delays of more than three years and 18 with delays of more than four years? Does she agree with the Victims Commissioner that these delays are appalling? Could she take time out from her leadership campaign to look at bringing in pre-recorded evidence and cross-examination in all rape cases in all Crown courts now?
The Attorney General
Actually, what we are seeing as a result of pioneering operations such as Soteria is a closer collaboration between police and prosecutor. What we know works is when a prosecutor has a good, clear case strategy, has a grip of the case and has properly identified the challenges, and when the police are supportive and involved in the investigation. Close collaboration, early investigative advice and support for the victim is what will cut down the timelines and ensure that victims get justice in a swifter way. That is why I am very proud of the section 28 roll-out.
Andy Slaughter (Hammersmith) (Lab)
The last time we debated this issue in this Chamber, the Attorney General told me that
“any allegation of domestic abuse or sexual assault on victims is horrendous. On no account does anyone in this Government condone that behaviour.”—[Official Report, 26 May 2022; Vol. 715, c. 414.]
So why did the Attorney General not call for the Prime Minister’s resignation when she found out that he had turned a blind eye to an allegation of sexual assault by one of his own Ministers, but did call for his resignation to launch her bizarre leadership campaign live on TV last night? Does that not just sum up how she has debased the office she holds and put political ambition before the rule of law?
The Attorney General
The hon. Gentleman could have asked about domestic abuse victims; he could have asked about RASSO; he could have asked about crime prevention and keeping the British people safe. Instead, he used his opportunity to score cheap political points—[Interruption.]
Mr Speaker
Order. Front Benchers should not be shouting after asking the question. Let’s get this done and move on.
The Attorney General
When it comes to domestic abuse, our landmark Domestic Abuse Act 2021 is strengthening protection for victims and ensuring that perpetrators feel the full force of the law. It includes the first legal definition of domestic abuse, it improves support for victims in the courts, it introduces new offences and it strengthens the legislation precisely for victims of domestic abuse. It is a pity he did not want to talk about that.
Mike Wood (Dudley South) (Con)
The Attorney General (Suella Braverman)
We published the review of disclosure and the amended disclosure guidelines in May to deliver improvements for police, prosecutors and victims of crime. The new guidelines feature an annex on data protection that will ease the burden on police handling of digital material and will leave the police more time to be on the street, fighting and investigating crime. I am pleased with how the guide- lines have been received by the profession throughout.
The Attorney General
My hon. Friend raises a real priority for the Government. These guidelines will mean fewer unnecessary intrusions into a victim’s private life and more interactions with victims to help them understand the process. All of this will mean that victims are more engaged, there is less attrition and the process is swifter but just as effective. It is unfortunate that some Labour Members have promoted an incorrect understanding of what these guidelines mean.
Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)
The Attorney General (Suella Braverman)
There have been no prosecutions by either the Serious Fraud Office or the Crown Prosecution Service of frauds connected to covid-19 contracts awarded by the Department of Health and Social Care. However, I can neither confirm nor deny whether the Serious Fraud Office is investigating any frauds relating to those contracts. This Government rightly took swift action at the height of the pandemic and, thanks to the excellent work of this Government, including Government lawyers, we have successfully defended the majority of our coronavirus-related litigation.
Neale Hanvey
The secrecy on VIP lane contracts is emblematic of the loss of trust and transparency in this Government. Over the last 48 hours, Conservative Members have repeatedly stated the importance of integrity and honesty. As Prime Minister, will the Attorney General finally lift the veil of secrecy, publish the full details of VIP lane contacts and refer the matter to a committee or authorities, as necessary?
The Attorney General
A lot of covid-related litigation has gone through our courts, and there has been a lot of scrutiny of the Government’s decision making and actions during the pandemic. I am pleased to say that the Government were successful in the majority of cases, with our decision making being upheld and found to be lawful.
Mr Speaker
Before I call Barry Sheerman, I note that he wishes to raise the case of his late constituent Ms Katelyn Dawson, who is the subject of an open and adjourned inquest. I am exercising the discretion given to the Chair in relation to matters that are sub judice to allow reference to the case as part of the question and answer.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
The Attorney General (Suella Braverman)
I am aware of this tragic case in the hon. Gentleman’s constituency, and I take this opportunity to offer my deepest condolences to Katelyn’s family and friends. I thank the hon. Gentleman for his tireless campaigning, over many years, on all road safety issues. He has been a leader in this field.
Like the hon. Gentleman, I recognise the devastating impact that fatal road traffic accidents and collisions can have on families and victims, which is why, under the Police, Crime, Sentencing and Courts Act 2022, this Government increased the maximum penalty to life imprisonment for the offences of causing death by dangerous driving and causing death by careless driving when under the influence of drink or drugs. Last year, the CPS charged more than 650 defendants in relation to fatal road traffic accidents, bringing the total number of charges back in line with pre-pandemic levels.
Mr Sheerman
I have been around long enough to be one of the people who introduced the seatbelt legislation that banned children from travelling unrestrained in cars.
I was not going to talk about specifics, Mr Speaker, although you were very kind to mention the case in my constituency. I am very worried that, across the country, an increasing number of families have had a family member killed by a driver and then, because a lot of people are able to hire very expensive lawyers who can argue things like automatism—that they were not in control of their body or faculties at the time of the accident—the CPS is increasingly frightened into not prosecuting. That is my worry. Can we do something about it?
The Attorney General
It is tragic; there are simply no words for the situation that the hon. Gentleman sets out. Ultimately, fairness sits at the heart of our justice system. Therefore, the same threshold is used for all offences—deciding whether to prosecute in fatal road traffic cases or murder cases. That is set out in “The Code for Crown Prosecutors” and has remained the same since the CPS was formed in the 1980s. It sets out a two-stage test, with which many people here will be familiar. A case will proceed only where both stages of the test are met. It always comes down to the evidence and the public interest, and I am very happy to talk to him about what more can be done, operationally or in the state of the law, to remedy the problem he identifies.
Oral Answers to Questions
Suella Braverman Excerpts(2 years, 7 months ago)
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Bob Blackman (Harrow East) (Con)
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)
Andrew Gwynne (Denton and Reddish) (Lab)
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)
Ian Paisley (North Antrim) (DUP)
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.
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.
Oral Answers to Questions
Suella Braverman Excerpts(2 years, 9 months ago)
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Scott Benton (Blackpool South) (Con)
The Attorney General (Suella Braverman)
Since the beginning of 2021, thanks to the referrals made by the Solicitor General and by me, sentences have been increased in more than 100 cases. Recently, I personally argued the case of Stephen Gibbs in the Court of Appeal sitting in Cardiff. I welcomed the decision to increase his sentence for attempted murder from 13 years to 20 years and seven months.
Selaine Saxby
Under the unduly lenient sentence scheme, it is currently only possible to submit a request to increase a sentence for causing death by dangerous driving, but the majority of pedestrian and cyclist fatalities are cases of causing death by careless driving. What is my right hon. and learned Friend doing to protect victims of crime who are not covered by the unduly lenient sentence scheme?
The Attorney General
I acknowledge the argument that my hon. Friend makes very energetically. She knows that the unduly lenient sentence scheme is reserved for specific offences in which the offender’s culpability is particularly high. There are no immediate plans to extend the coverage of the scheme, but I am pleased that the Police, Crime, Sentencing and Courts Bill, which is currently going through Parliament, will allow us to take extensive action on road traffic offences, including by increasing the maximum penalty for causing death by careless driving while under the influence of drink or drugs to life imprisonment.
Scott Benton
The Attorney General will be aware of the horrendous case of my constituent Debbie Leitch, who died at the hands of her mother Elaine Clarke, who has since been sentenced to nine years and seven months in prison for her appalling actions. Will my right hon. and learned Friend meet me and my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart), following our recent letter, to discuss the case with a view to considering whether the sentence is unduly lenient?
The Attorney General
It is indeed a tragic case and I extend my sympathies to all those who knew and loved Debbie. I thank my hon. Friend and my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart) for bringing the case to the attention of the Law Officers. My hon. and learned Friend the Solicitor General has reviewed the sentence imposed with the utmost care and decided to refer it to the Court of Appeal. It is now a matter for the Court to decide whether to increase the sentence.
Jim Shannon (Strangford) (DUP)
Does the Attorney General agree that steps need to be taken to give the judiciary the freedom to apply greater sentences without the victim or the family having to present the case again, as is currently required?
The Attorney General
The unduly lenient sentence scheme affords the Law Officers an important power. The judiciary generally gets it right in the vast majority of sentencing decisions. In the few instances in which Law Officers, after careful consideration, consider a sentence to be unduly lenient—when there has been an error—the case is referred to senior judges in the Court of Appeal to look at the sentencing exercise and reach their own conclusion.
Mr Virendra Sharma (Ealing, Southall) (Lab)
Kerry McCarthy (Bristol East) (Lab)
The Attorney General (Suella Braverman)
The UK is playing a leading role in supporting the Ukrainians in their fight against Russian aggression. Over recent weeks, I have had the privilege of speaking to Ukraine’s Prosecutor General, Iryna Venediktova, for whom I have the greatest respect, as she fights tirelessly for justice and accountability for the people of Ukraine. She and I have signed a memorandum on co-operation, which underlines the UK’s support for accountability and reinforces our joint efforts to gather and preserve evidence for use in future criminal trials.
Rachael Maskell
A month ago today, this aggressive war of Putin’s was unleashed on Ukraine. We continue to stand with the people of Ukraine as they fight for peace. However, I question why the UK’s sanctions, which continue to be slow, have also failed to be robust. Mr Usmanov is clearly laughing at this Government; he has moved hundreds of millions of pounds into irrevocable trusts. Why did the Attorney General not insist that the sanctions regime be made watertight?
The Attorney General
I reject that characterisation of our sanctions regime. The UK is leading the world and our allies in terms of the extent and the unprecedented nature of our sanctions package. We have sanctioned more than 1,000 individuals and entities; there were 65 more announcements today. We are seeing the impact, and that is what counts—the impact of the sanctions is having a huge effect on the Russian economy. The rouble has plummeted in value. The stock market has crashed. Inflation has risen. That, not political point scoring, is what is going to beat Putin in this war.
Clive Efford
The Government are very quick on announcements, but very slow on action. The Attorney General will be aware of the SLAPP—strategic litigation against public participation—litigation being used by Russian oligarchs to wear down investigative journalists and campaigners. The purpose is not to take them to court, but to bury them under a whole load of requests to produce documents and answer questions; it is to wear down their resources. We need urgent action. Can she say what she is doing to shut down, urgently, the use of SLAPP litigation?
The Attorney General
Absolutely. The Deputy Prime Minister and Lord Chancellor recently announced urgent action he will be taking to target exactly the SLAPP litigation to which the hon. Gentleman refers. He will be introducing measures, in the public interest, so that we stop the abuse of our legal process and ensure that legal tools are not abused and misused in this way.
Kerry McCarthy
We have allowed the system to be misused for a very long time and that is why we are running to catch up now.
What are we doing to gather evidence of war crimes? It was good to see the US Secretary of State Antony Blinken formally accuse Russia of war crimes in Ukraine. Will the Attorney General say what role the UK’s sexual violence in conflict experts could play? It seems clear that rape is being used, once again, as a weapon of war, in Ukraine.
The Attorney General
The hon. Lady raises an incredibly worrying point. It does look as if there is very strong evidence to support claims of sexual violence being used in this conflict, which is completely abhorrent and horrifying. We have a strong track record. A few years ago, the Foreign and Commonwealth Office led the way, alongside Angelina Jolie, in raising the profile of this weapon in conflict and in taking concrete action against it. The Foreign Secretary will make an announcement on the issue very soon. On evidence gathering, as I mentioned, I have reached an agreement with the Ukrainian Prosecutor General. My hon. Friend the Deputy Prime Minister is working to lead an international coalition with the International Criminal Court, focusing on evidence gathering and on building resources to assist an independent prosecution, so that we bring war criminals to justice and secure accountability.
Sir Robert Neill (Bromley and Chislehurst) (Con)
Thank you, Mr Speaker. I welcome very much the establishment of a war crimes taskforce, on which my right hon. and learned Friend serves, and the additional funding that the Ministry of Justice has given to the International Criminal Court.
The war crimes that are undoubtedly being committed in Ukraine are being committed on the territory of a country that adheres to the conventions of the ICC, which therefore has jurisdiction. Will the Attorney General take on board the very important point made by the chair of the Bar in a speech last night, that even though Putin and his cronies may be beyond our reach at the moment, the bringing of an indictment is itself an important signal that we stand up for the rule of international law? Will she take up the suggestion of working with the legal professions and seconding British lawyers to the ICC to strengthen its investigations team?
The Attorney General
My hon. Friend makes a very important point. He has almost taken the words out of my mouth. I am very pleased in my capacity as leader of the Bar to be working with the Bar Council. There is a huge opportunity to build on the wealth of expertise in the English legal system. We have renowned experts in public international law, and I echo the call made by the chairman of the Bar for all of those in private practice who wish to serve, whether through working with the ICC or to support the Ukrainian Prosecutor General, to get in touch with the Bar Council and the Law Society so that we can channel their efforts to the best possible use.
Andy Slaughter (Hammersmith) (Lab)
The Levelling Up Secretary has been boasting for weeks that the Government will seize oligarchs’ mansions, but they have no idea how to do so legally, and by the time they work it out the culprits will be clean away. The Justice Secretary is a sudden convert to anti-SLAPP legislation, biting the hands that used to feed the Tory party, but shows no urgency to legislate. The Attorney General is investigating her own Serious Fraud Office for failures to prosecute, yet the SFO is so starved of money that its yearly budget would not buy one of Abramovich’s yachts. It is pathetic. Do the Government lack the means to bring international criminals to justice, or do they just lack the will?
The Attorney General
I am very disappointed by the hon. Gentleman’s charge, which is completely unfounded. The reality is that the actions that we have taken are world leading. We introduced emergency legislation not so long ago. We are considering the confiscation of assets, of course at all times within the legal remits and according to due process. What we are doing, and the effect of our actions, is clear: we are starving the oligarchs and those who are funding Putin’s murderous activities of access to their finance. We are going after his corrupt cronies and key businesses directly. We are paralysing the military-industrial complex, and that will be how we strangle the economic funding for this brutal activity.
Angela Crawley (Lanark and Hamilton East) (SNP)
Given that Russia is not a member of the ICC and will almost certainly refuse to recognise its jurisdiction, what discussions has the Attorney General had with her international partners on alternative forums for prosecution? Does she agree with former Prime Ministers John Major and Gordon Brown that a court could be set up for that purpose, as was the case in Nuremburg?
The Attorney General
Of course, all options are on the table, and I will always defer to my counterpart in Ukraine, the Prosecutor General, in my efforts to support her and her choice of route for redress. While we welcome the focus on accountability, we believe that the International Criminal Court is the right place for those responsible for committing these atrocious crimes in Ukraine to be held accountable for their actions. That is why, led by the Deputy Prime Minister, we are focusing all our energy, all our assistance and all our resources on the ICC prosecutor’s independent investigation.
Suzanne Webb (Stourbridge) (Con)
Kate Osamor (Edmonton) (Lab/Co-op)
The Attorney General (Suella Braverman)
Economic crime is highly complex. In the year ending September 2021, the CPS prosecuted 7,609 defendants where fraud and forgery were the principal offence, with a conviction rate of 84.9%. As for the SFO, it performed strongly last year: in 2021, it secured three deferred prosecution agreements, including one with Amec Foster Wheeler Energy Limited involving a financial settlement of £103 million. Furthermore, it successfully prosecuted GPT Special Project Management and Petrofac, resulting in just over £100 million in financial penalties.
Kate Osamor
Between 2013 and 2019, the Serious Fraud Office secured convictions against five corporations out of 43 investigations. We can literally count the number of successful prosecutions on one hand. Does the Attorney General regard that as an acceptable recent track record for the Serious Fraud Office? If not, how does she plan to change it?
The Attorney General
The hon. Lady makes an interesting point. Just yesterday I met the director of the Serious Fraud Office; I am glad that this year looks like a very active year. The SFO is taking seven trials involving 20 defendants to court in 2022, and will be pursuing those convicted to ensure that funds from criminal conduct are confiscated and victims are rightly compensated. The estimated value of fraud across all seven trials this year is more than £540 million in a number of jurisdictions. That is a great amount of work, and something we should all be getting behind.
Oral Answers to Questions
Suella Braverman Excerpts(2 years, 10 months ago)
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Jack Brereton (Stoke-on-Trent South) (Con)
The Attorney General (Suella Braverman)
Her Majesty’s Crown Prosecution Service inspectorate recently published a report on CPS performance in the west midlands, and it is due to report on Yorkshire and Humberside in April. I am pleased to say that, despite the pressures of the pandemic, the report on the west midlands found that commendable improvements had been made, including in seeking orders to protect complainants and witnesses, and in handling third-party disclosure.
Alexander Stafford
Youth crime plagues several parts of Rother Valley; there are hotspots around Greenlands Park in North Anston, the market area in Dinnington, and the Queen’s Corner in Maltby. How is the CPS tackling serious youth crime and youth antisocial behaviour in Rother Valley and across the whole of South Yorkshire?
The Attorney General
My hon. Friend is an energetic campaigner and spokesman for those of his constituents who are, sadly, afflicted by crime. The simple answer to his question is: more prosecutors, better training and closer liaison with the police. The CPS has an area youth justice co-ordinator, who is responsible for local training and sharing best practice. Last month, the CPS team in South Yorkshire secured a murder conviction and a life sentence with a 17-year minimum for Kyle Pickles, who was responsible for the tragic murder of 15-year-old Loui Phillips. I hope that Loui’s family can take some solace from the fact that justice was done in that tragic case.
Jack Brereton
I thank the Attorney General for her response. I have written to her about the need for the CPS to better understand local circumstances when making decisions. Will she look again at the possibility of co-locating CPS lawyers in local police stations, in order to ensure that they make the best possible decisions, based on local knowledge?
The Attorney General
I have seen my hon. Friend’s letter. The point that he raises is critical to the success of the work of the CPS and the police. Closer liaison and better working between police and investigators creates better outcomes for victims and at trial. That is why I am pleased that the west midlands is an Operation Soteria area—that operation is pioneering and institutionalising closer working, by ensuring early investigative advice, improving action plans, and ensuring closer and better scrutiny of the decisions of the police and the CPS. It is a great area where there is some good work.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Dr Rupa Huq (Ealing Central and Acton) (Lab)
The Attorney General (Suella Braverman)
The rule of law lies at the heart of the UK constitution and the Law Officers have a particular role in respect of upholding the rule of law. Together with the Solicitor General, I take that responsibility very seriously wherever we are called on to give advice.
Dan Carden
On the morning of 8 December, the Attorney General went to Downing Street to advise the Prime Minister after the emergence of the now infamous video of staff in Downing Street joking about parties. That lunch time, the Prime Minister came to this Chamber to say that no parties had taken place in Downing Street and that no covid rules had been broken. Did the Attorney General approve of those comments? If so, was she colluding with the Prime Minister, or did he mislead her?
The Attorney General
The hon. Gentleman makes a valiant attempt, but he should be aware of the Law Officers’ convention, which means I am prevented from commenting on the fact or the content of any legal advice provided by Law Officers to members of the Government.
Dr Huq
From their early work on Prorogation to the now daily revelations about lockdown-busting parties, this Government have had a fair few brushes with the rule of law. I know the Attorney General cannot comment on an ongoing criminal investigation, but will she tell us whether, when the investigation is concluded and all the 50 email questionnaires come back, anyone found to have breached lockdown regulations, whatever their rank, will face the same consequences as Joe Public did? Further to the question from my hon. Friend the Member for Liverpool, Walton (Dan Carden), if there have been breaches of the ministerial code, will there be resignations?
The Attorney General
The Prime Minister has made his position clear and I am not going to add any more in the light of the live police investigation. The hon. Lady mentioned the rule of law; fundamental to the rule of law is democracy. I am proud to support this Prime Minister, who has honoured democracy by delivering Brexit and is now leading not just the UK but the world in beating covid. Had the Labour party been in charge, it would have cancelled Brexit, not delivered it, and we would have been in more lockdown, not less. On the big calls, Labour gets it wrong.
Andy Slaughter (Hammersmith) (Lab)
Thanks for that peroration but, to come back to reality, this week the Leader of the Opposition was obstructed while entering this House by disorder on the streets outside following the Prime Minister’s inflammatory remarks at that Dispatch Box. It is the Attorney General’s job to advise Ministers, including the Prime Minister, on acting in accordance with the rule of law, so what advice does she have now to prevent his behaviour from leading to any further breakdown in law and order?
The Attorney General
All violence is unacceptable, and I am grateful to those police officers who stepped in to assist the Leader of the Opposition. No one should have to endure that experience. The Prime Minister has spoken on the subject; I am not going to add any more to his comments. What I will say is that on the big calls Labour gets it wrong, and on the things that matter, this Prime Minister and this Government are leading us through covid and international diplomacy against Russian aggression.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
Was the Attorney General able to read an interesting article this week by her noble Friend, former Conservative Minister Baroness Altmann, warning of a “slippery slope” towards authoritarian rule and an elected dictatorial elite seeking to override Parliament? Whether it is undermining judicial review, shredding human rights protections, endless ouster clauses, restricted appeal rights or tearing up international treaties, none of it is upholding the rule of law. Is not everything the Attorney General is doing putting the Government above the law?
The Attorney General
I strongly refute that suggestion. I am not aware of the report to which the hon. Gentleman refers, but the freedoms and protections that we all enjoy rely fundamentally on the rule of law. I know he understands that: it is an important constitutional principle that demands equality under the law and access to an independent judiciary. The Government are subject to the law. Those are the foundational principles that I adhere to and that I know this Government stick to.
Allan Dorans (Ayr, Carrick and Cumnock) (SNP)
The Attorney General (Suella Braverman)
The Brexit freedoms Bill will once and for all take back control of the UK legal system, ending the special status of retained EU law and making it easier for the democratically elected UK Government to amend or remove it. The devolved Administrations have been kept informed of the progress of the reviews into retained EU law that will inform the Bill. The Government have engaged regularly with the DAs on a wide range of EU exit and EU engagement issues and we look forward to continuing that close working relationship.
Allan Dorans
On Friday 28 January, Ministers of the three devolved Administrations were called to a meeting with the Attorney General at very short notice—the very next day, in fact—to discuss the so-called Brexit freedom Bill, which will have significant impact on hundreds of areas controlled by the devolved Governments. The meeting has been described as
“a rushed exercise…with nothing more than a vague verbal briefing”,
with
“no effort by the UK government to properly consult devolved governments on the details of the plans nor seek their views on their impacts on devolved areas of policy and law.”
Will the Attorney General make an unequivocal commitment today that the devolved Administrations will be consulted extensively before any further decisions are taken that would affect their existing policies, and specifically in relation to retained EU law?
The Attorney General
Of course there will be continued and meaningful engagement with all the devolved Administrations in this process. It is an important opportunity and an important moment for our whole United Kingdom, and I very much look forward to the input of all the DAs.
Oral Answers to Questions
Suella Braverman Excerpts(2 years, 11 months ago)
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Scott Benton (Blackpool South) (Con)
The Attorney General (Suella Braverman)
Happy new year, Mr Speaker. May I begin by congratulating the right hon. Member for Islington South and Finsbury (Emily Thornberry) on her new role? She is familiar with the position of shadow Attorney General. I look forward to working with her in the future. The Government committed to improving performance across the criminal justice system in the spending review. For example, funding for the Crown Prosecution Service will increase by more than £80 million a year by 2025, which will be used to drive improvements in the prosecution of rape cases and to help to tackle the court backlog.
Scott Benton
I thank my right hon. and learned Friend for her answer. What assessment has she made of the way in which that funding will support the police uplift programme, which will in turn help to deliver safer streets in towns such as Blackpool?
The Attorney General
The Government will not rest until we have improved public safety. The recruitment of 20,000 new police officers will cut crime and get criminals off our streets. My hon. Friend will be pleased to know that there are more than 300 new police officers in Lancashire, his own region, all working to keep our community safe. Of course, the success of those extra police officers will depend on corresponding increases throughout our criminal justice system, so that we have enough resources to deal with the increased workload created. That is why I am pleased that the CPS has recruited more than 300 more prosecutors since 2019, thanks to the Government’s funding.
Emily Thornberry (Islington South and Finsbury) (Lab)
Thank you very much, Mr Speaker, and happy new year. It remains to be seen whether the funding allocated is sufficient to tackle the record backlog in court cases facing our country, but may I ask a specific question about one particular aspect of the backlog? This week, magistrates across the country will resume hearing the backlog of cases relating to breaches of covid restrictions over the last two years. Whatever we may think of that process, we know that those magistrates will be put in an impossible position if the laws that the Government are asking them to enforce are not applied equally to individuals working for the Government themselves. Will the Attorney General guarantee that, if Sue Gray concludes that covid restrictions were broken by individuals in Downing Street, there will be no barrier to those individuals facing the same legal consequences as everybody else?
The Attorney General
The right hon. Lady makes it clear that she is more interested in scoring political points, frankly, than dealing with the court backlog. When it comes to the primary issue of the court backlog, I am very pleased to see that in the magistrates courts, where, let us be clear, the vast majority of criminal matters are dealt with, we are now seeing a fall in caseloads, going back to pre-pandemic levels. On the question that she actually asked, the process is being led appropriately by Sue Gray. That is the right response. Of course, all recommendations made by that independent process will be considered in the right way.
Rob Roberts (Delyn) (Ind)
The Attorney General (Suella Braverman)
As the Attorney General for England and Wales, I have the Union at the heart of my work. I am pleased that, for example, CPS Wales performs very well: a recent inspectorate report concluded that the Wales CPS area has the highest magistrates court conviction rate across England and Wales. I take this opportunity to thank all our prosecutors based in Wales for their excellent work.
Rob Roberts
Over the past 18 months, my inbox has been full of people who are frustrated and confused by the differences between the England and Wales covid rules, my constituency being close to the border. As part of the devolution settlement, under the Wales Acts, there is provision for devolution to be suspended temporarily during times of national crisis in order for decisions to be made by Westminster for the whole of the United Kingdom. Will the Attorney General confirm whether she gave any advice to the Government along those lines? If not, what would a national crisis that would trigger such a clause be?
The Attorney General
We must respect the arrangements set out in each of the devolution settlements, but I agree with one aspect of the hon. Gentleman’s question, which is that sometimes the rules of other Administrations can be confusing. This week, for example, under Welsh Government guidance it is okay to go to the pub, but not to the office. The vaccine roll-out and the immense financial support provided by the UK Government are two outstanding examples of what can be achieved when we work together as one United Kingdom, co-operating for the good of the Union.
Anne McLaughlin (Glasgow North East) (SNP)
A happy new year to you, Mr Speaker. A key aspect of the Union of which the right hon. and learned Lady is so fond is Scotland’s separate and distinct legal system. Does she agree that any actions taken by the UK Government on legal human rights remedies must continue to respect that, and that any attempt by Westminster to alter those protections against the will of the devolved Administrations would be contrary to the devolution settlement and yet another example of this Tory Government helping—thanks very much—rather than hindering the cause of Scottish independence?
The Attorney General
The Law Officers are always concerned about any legislation promoted by the Scottish Parliament and Government that falls outside legislative competence. That is why I was pleased that the Supreme Court agreed with the Government earlier this year on the Bills proposed by the Scottish Government on the UN convention on the rights of the child and on local self-government. Ultimately, we are a United Kingdom. The people of Scotland have voted to remain as part of that United Kingdom, and I only wish that the hon. Lady and her party would respect that will of the people.
Matt Western (Warwick and Leamington) (Lab)
The Attorney General (Suella Braverman)
This Government take tackling domestic abuse and hate crime extremely seriously, as shown by the introduction of the landmark Domestic Abuse Act 2021 and our commitment to publishing a new hate crime strategy later this year. The CPS is working hard to deliver justice and to protect the public, and it has recently published an ambitious 12-month domestic abuse programme to help narrow the disparity between reporting and criminal justice outcomes.
Matt Western
Clearly not that seriously, certainly in Warwickshire; according to the CPS data, Warwickshire has the lowest conviction rate—47% conviction against prosecution—at 1.3%. Dame Vera Baird, the Victims’ Commissioner, criticised that as the “effective decriminalisation of rape”. She is right, is she not?
The Attorney General
No, she is not right. We understand, of course, that we need to do better when it comes to charging rape and to RASSO—rape and serious sexual offences—outcomes. The Director of Public Prosecutions accepts that and I accept that. However, we must be fair about where the problem is, so that we can be frank about the solutions. About 10% of police referrals make it to the CPS and, in the most recent data, we see a slight increase—nationally—in the CPS charging rate when it comes to rape, so there are some early signs of improvement. Above all, we have a great commitment by the CPS and criminal justice partners to improve the situation. The rape review was published last year, and we have seen the RASSO 2025 strategy. Innovative processes around Operation Soteria and Operation Bluestone are changing the way police and prosecutors work to better tackle rape and serious sexual offences, so that victims are better supported through the process.
Sir Robert Neill (Bromley and Chislehurst) (Con)
Does my right hon. and learned Friend agree that it is important that the CPS and her Department invest in ensuring that we have the best-quality prosecutors for rape and serious sexual offences, as well as the manpower and the technology to deal with delays in disclosure, which is of particular relevance in these cases; but, equally, that we need a whole-systems approach to avoid the very considerable level of attrition that comes before, as she rightly observes, cases ever get to the charging stage? That means co-operation, above all, with the police at early stages of the investigation.
The Attorney General
My hon. Friend is absolutely right, and he puts his finger on the problem. That is why the additional funding that the CPS received last year will partially be dedicated to improving its resources and firepower in dealing with RASSO. We will see a bolstering of specialist RASSO units. A hundred new prosecutors have already been trained in RASSO within the CPS, and within the next three months 70 experienced staff will be appointed into RASSO posts in the pathfinder areas.
I highlight the fact that Operation Soteria and Operation Bluestone in Avon and Somerset are being rolled out more widely throughout the CPS areas. They are pioneering better working between police officer and prosecutor, earlier investigative advice and greater support for victims to turn around the decline when it comes to victims’ withdrawal from the process; that is critical to the success of a prosecution.
Jim Shannon (Strangford) (DUP)
I thank the Minister for that response. Not only is there clearly a need for successful prosecutions, but women—ladies—and girls feel particularly vulnerable and fearful in society today. What is being done across the UK to ease, protect and restore confidence among ladies and ensure that they feel safe on the streets of this country?
Mr Speaker
Order. This is a supplementary to the original question. Normally it is taken by the same person who answered the first question. I believe in job sharing, but this is taking it a little bit too far.
The Attorney General
I apologise, Mr Speaker. I wanted the Chamber to enjoy the oratory and eloquence of my hon. Friend, but we will be denied that for a few moments longer.
The hon. Member for Strangford (Jim Shannon) is right, but I want to emphasise the commitment to fighting violence against women and girls that this Government have not only talked about, but demonstrated through actions. Not only have we introduced new offences—for stalking, coercive and controlling behaviour, revenge porn and upskirting—but, as announced this week, we are making a new criminal offence of non-consensual photographing of breastfeeding women in public, and we have provided support on domestic abuse through our landmark Domestic Abuse Act 2021. This Government have pioneered a plethora of historic changes to show that we support women and girls and to make Britain a safer place for them.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
The Attorney General (Suella Braverman)
To be clear, the UK prides itself on its leadership within the international system and the fact that it discharges its international obligations in good faith. The Nationality and Borders Bill brings in vital changes to enable this Government, and our immigration and Border Force operatives, to stop the illegal and dangerous trafficking of illegal migrants. I encourage everybody in this Chamber to get behind this vital Bill and support it.
Gavin Newlands
Happy new year, Mr Speaker. The Attorney General may well pride herself on international leadership, but does she therefore agree with the UN Secretary-General António Guterres, who recently corrected the Home Secretary’s claim that British citizenship is a privilege, not a right, and pointed out:
“Having a nationality is not a privilege—it’s a human right”
that is protected by UN treaties to which the UK is a party and which the UK is obliged to protect?
The Attorney General
What is clear is that we need to take tangible action to deal with the problem of illegal migrants crossing our channel and dangerous traffickers exploiting some of the most vulnerable people in the world, while we also need to fix our broken asylum system. That is why the Nationality and Borders Bill addresses some of these very important issues through tangible proposals. The Home Office will continue to evaluate and test a range of safe and legal options for stopping small boats, and I support that activity.
Mr Peter Bone (Wellingborough) (Con)
Does the Minister agree that the Bill helps protect our fight against human trafficking? It will be very interesting to see what the Lords sends back to us, but will the Government continue to commit themselves to ending this evil trade?
The Attorney General
There are no two ways about it, and I am proud to say to my hon. Friend that I really support this Government’s attempts to end this evil trade, as he puts it. It is immoral that the criminal people traffickers are taking advantage of people and putting their lives at risk. The people making these crossings do not have the skills or the equipment to traverse some of the busiest shipping lanes in the world safely, and it is of fundamental importance that the Government disrupt this business model and make it untenable.
Alison Thewliss (Glasgow Central) (SNP)
Over the Christmas holidays, I read “The Lightless Sky”, the account by Gulwali Passarlay of his journey as a child refugee from Afghanistan to the UK. After reading that book, I would ask the Minister—and I recommend that she reads it, too—whether she accepts that human traffickers only exist because of the absence of the safe and legal routes that this Government continue to deny to those who are in desperate need and fleeing for their lives?
The Attorney General
We are subject to international obligations that make it clear that, if people have legitimate claims for asylum, there are safe and legal routes through which they may pursue those. To get on an illegally manned vessel and to try to break through our borders illegitimately is dangerous, immoral and unlawful.
Rob Butler (Aylesbury) (Con)
Oral Answers to Questions
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Chris Elmore (Ogmore) (Lab)
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)
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.
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)
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)
Duncan Baker (North Norfolk) (Con)
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)
Laura Trott (Sevenoaks) (Con)
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)
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Felicity Buchan (Kensington) (Con)
The Attorney General (Suella Braverman)
Thank you, Mr Speaker. May I take this opportunity to place on the record my gratitude to you, to the Prime Minister and the Government, to Opposition parties, to the whole of Parliament and to the brilliant team at the Attorney General’s office for all of their work, which enabled me to take that precious time with my baby? On behalf of my family, may I say that we are incredibly grateful?
The Crown Prosecution Service and the Serious Fraud Office both play a crucial role in tackling financial crime. In 2020-21, the CPS prosecuted more than 6,500 defendants for fraud and forgery, with a conviction rate of 85.6%, and the SFO secured successful judicial outcomes in 84% of cases over the past four financial years.
Felicity Buchan
It is now estimated that 86% of reported fraud is cyber-related. I am concerned that the CPS, the SFO and Action Fraud need the right skills and sense of urgency to deal with this rising crime, which has devastating effects on people’s lives. Can my right hon. and learned Friend update the House on that?
The Attorney General
My hon. Friend rightly highlights the significant increase in cyber-crime. I am particularly interested in the issue, and last year I addressed the Cambridge International Symposium on Economic Crime and outlined that cyber-crime is a key priority for this Government. That is why in March this year the CPS launched its first ever economic crime strategy, to ensure that it remains ahead of the changing nature of this complex crime.
Lee Anderson (Ashfield) (Con)
The Attorney General (Suella Braverman)
Effective handling of digital information is crucial to ensuring robust disclosure practices and effective trials. Alongside the Home Secretary and the Lord Chancellor, I will be co-hosting a tech event later this year with industry experts to investigate novel approaches to managing mobile device data throughout the criminal justice process. The revised disclosure guidelines that I published earlier this year specifically address technological issues, to assist practitioners in this ever-complex field.
Lee Anderson
Could my right hon. and learned Friend please explain how mobile phone data is being used to track and capture people smugglers who are sending illegal immigrants over the channel?
The Attorney General
My hon. Friend raises an important and concerning issue. People smuggling is a terrible crime that blights the lives of vulnerable people and I welcome all the efforts the Government are making to combat it. The Crown Prosecution Service regularly uses mobile phone data when prosecuting offences under the Immigration Act 2016. Phone metadata can identify the location at which the phone was used, while the information content can identify details of the offence, or even wider offences. The CPS is highly cognisant of the effective use of mobile data, where available, to pursue effective prosecutions.
Kenny MacAskill (East Lothian) (Alba)
The Attorney General (Suella Braverman)
Together with colleagues in the Home Office, the Crown Prosecution Service and the Ministry of Justice, we have developed a criminal justice action plan to drive system recovery as we rebuild after the pandemic. Progress against the action plan will be measured by a set of criminal justice scorecards, which will be published quarterly from this autumn. This approach will enable a cross-system response to dips in performance and hold each part of the system accountable for improvement.
Kenny MacAskill
As a former Scottish Justice Secretary, I am well aware of Scotland’s distinct legal jurisdiction, but broadcasting and human rights are reserved responsibilities. Craig Murray, a Scottish journalist, has been jailed for eight months without appeal. Is the Attorney General able to make any representations to ensure that the European convention on human rights and other protocols are followed when they apply to such rights and powers?
The Attorney General
We must ensure that all journalists have the right to express themselves and work in a free society. We are incredibly proud of that tradition in this country and our human rights regime rightly protects freedom of expression. I am happy to discuss this vital matter further with the hon. Gentleman.
Sir Robert Neill (Bromley and Chislehurst) (Con)
I welcome the Attorney General back to her place. I am sure she will agree that it is also right to pay particular tribute to my right hon. and learned Friend the Member for Northampton North (Michael Ellis) for the way in which he discharged his duties as the Attorney General to the very high standards and with the impartiality of that office—it could not have been done better.
Does the Attorney General agree that for an effective system it is important that we have not only a fully joined-up plan but effective funding for all parts of the justice system? What steps is she taking to ensure a joint approach to getting the best possible outcome for the Law Officers’ Department, the CPS and the Ministry of Justice in the coming spending review?
The Attorney General
My hon. Friend is right to highlight the need for resources as we rebuild after the pandemic. We need to ensure that the court backlog, which we all accept exists, is dealt with. That is why we have been working across Government, with the sector and with local bodies to ensure that comprehensive support is available for victims and witnesses. After all, it is victims for whom we are here and for whom we need to fight.
Ellie Reeves (Lewisham West and Penge) (Lab)
I welcome the Attorney General back to her place—it is good to see her—and thank the right hon. and learned Member for Northampton North (Michael Ellis) for all his work during her maternity leave.
The court backlog is at a record high, with victims waiting years for their day in court. The latest Government data reveals that in the year ending March 2021, a staggering 1 million victims of crime abandoned their case because they lost faith in the justice system. The CPS budget has been cut by 33% in real terms over the past decade. Ahead of the comprehensive spending review, what specifically will the Attorney General say to the Treasury? What does she say specifically to the millions of victims who have lost faith in the system?
The Attorney General
As I say, we accept that there is a court backlog, and it is a priority for this Government as we build back from the pandemic. The CPS has implemented a number of changes, with cross-system partners, to assist the criminal justice system in its response to covid. I was pleased that the independent inspectorate praised the CPS response to the pandemic. The CPS has recently introduced specific measures to accelerate its management of cases in the context of the pandemic.
The Chancellor has been clear that there will need to be tough choices as we come out of the pandemic. The public expect us to deliver the highest-quality services at the best value, ensuring that every pound is well spent. The CPS has received funding uplifts in the past three spending rounds, including £85 million to allow it to recruit more than 350 new prosecutors to boost capacity and support court recovery.
Ellie Reeves
I have listened to what the Attorney General has said, but say to her that the criminal justice system is on its knees. In rape cases, 44% of victims are pulling out before their case gets to court. The latest Crown Prosecution Service data shows that it would take the Government 22 years to reach their own target of returning to 2016 rape prosecution levels—22 years! It is absolutely not good enough, and we see this Government repeatedly fail rape victims. Will the Attorney General tell me what she plans to do to ensure that the Government meet their target, or will she sit on her hands and oversee the further decriminalisation of rape?
The Attorney General
The assertion that there has been a decriminalisation of rape is simply not backed up by the facts and is a very damaging narrative to proffer. It is very important that we recognise that, yes, there have been delays in the system, and I recognise how distressing those delays are. I want to reassure the hon. Lady that progress is being made to boost court capacity and to enable cases to continue to flow through the system. That includes harnessing technology, such as the cloud video platform, making use of the Nightingale courts and exploring the use of extended operating hours in court. The special measure allowing vulnerable victims, including rape victims and those who are witnesses in those cases, to pre-record their cross-examination evidence to reduce waiting times, which is under section 28, has been rapidly rolled out to cover all 82 Crown courts as of 23 November last year, and the CPS was a key partner in ensuring that that roll-out went smoothly.
Angela Crawley (Lanark and Hamilton East) (SNP)
I welcome the Attorney General back to her place and wish her growing family all the very best.
Does the Attorney General agree that any effective criminal justice system must ensure that cases are brought in a timely manner? Will she join me in welcoming the £50 million announced by the Scottish Government to clear the court backlog, and outline any advice that she has given to her Cabinet colleagues to ensure that victims can access effective and prompt justice through the court system?
The Attorney General
There has been a real focus on dealing with the backlog and ensuring a better flow of cases right from reporting at the police station through to conviction. That was most pertinently highlighted in the recent rape review published by this Government with a particular focus on those victims. There have been a huge number of changes implemented by the CPS with cross-system partners to assist the criminal justice response to covid. As I have mentioned, it includes the interim charging protocol, which is designed to be clear that the high-harm crimes and covid-related crimes, such as spitting and assaults on essential workers, are prioritised. That will be and has been an effective step forward in dealing with the backlog.
Antony Higginbotham (Burnley) (Con)
The Attorney General (Suella Braverman)
It is vital that children of all ages learn about our famous legal system. My office works very closely with the Department for Education to ensure that the curriculum covers a full range of important legal concepts, including fundamental rights and criminal law. My office also works very closely with members of the pro bono and public legal education committees, who run programmes to engage and educate young people about the law outside the curriculum.
Antony Higginbotham
Our legal system is the cornerstone of our society, so does my right hon. and learned Friend agree that we need to work with not just with schools but voluntary organisations to make sure that young people understand not just the law and our legal process, but Parliament’s role in forming the law?
The Attorney General
My hon. Friend has put it very well. Understanding the law is vital for young people. To that end, I wholeheartedly support pro bono work as part of education and a way in which students can support their communities to understand the law, their rights and what is required of them. When I was both training for and practising at the self-employed Bar, I undertook pro bono work and also volunteered for the free representation unit. I encourage all practitioners, young and older, to maintain that very proud tradition of the Bar.
Emma Hardy (Kingston upon Hull West and Hessle) (Lab)
In 1975, a 17-year-old young man died while on Army training. He was a recent recruit. The family have never believed the account of his death given by the Ministry of Defence. In 1998, my predecessor wrote to the then Attorney General about the case. Now it appears that new evidence has come forward. Will the Attorney General meet me and some of the family members to discuss this, in their pursuit of the truth?
The Attorney General
I send my condolences to the family, and applaud the hon. Lady’s campaigning and work on the issue. I do not know about the case other than what she has just told me, but I am very happy to meet her to discuss it further.
Selaine Saxby (North Devon) (Con)
The Attorney General (Suella Braverman)
I frequently meet criminal justice partners to discuss the important issue of criminal justice capacity since the covid-19 restrictions have been eased. The covid outbreak has been felt keenly by the criminal justice system. I have been proud of the resilience that the criminal justice agencies have demonstrated. There is still more to do, but both the Crown Prosecution Service and the Serious Fraud Office have been commended for their efforts during this difficult time, and I thank them for continuing to support the delivery of justice.
Selaine Saxby
I support the Government’s efforts to address the recovery, and pay tribute to all those working hard across the country to make this happen, but can my right hon. and learned Friend tell me how victims are being supported so that they do not drop out of the criminal justice process due to the time lag?
The Attorney General
I regularly meet the Director of Public Prosecutions and CPS teams around the country. I was pleased to meet CPS South West last year to learn more about its case progression and response to the pandemic. In February this year, the Government announced an additional £40 million to support victims of crime during the pandemic and beyond. Throughout this period, almost £600,000 of funding has been made available to assist helpline services, and £3 million per annum until 2022 has been committed to independent sexual violence advisers. That is a reflection of the comprehensive package of support put forward by this Government to help to build back better after the pandemic.
Anne McLaughlin (Glasgow North East) (SNP)
The Attorney General (Suella Braverman)
Any request for my advice is subject to the Law Officers’ convention, but I must make it clear that the UK prides itself on its leadership within the international system and discharges its international obligations in good faith. We have a proud history of providing protection to those who need it, in accordance with our international obligations. The Home Office’s new plan for immigration is based on fairness, and the Government stand by our moral and legal obligations to help innocent civilians fleeing cruelty from all over the world.
Anne McLaughlin
Speaking in the House on Tuesday of the Home Secretary’s plan literally to push back migrant children and their parents arriving by boats in the channel, the now former Justice Secretary, the right hon. and learned Member for South Swindon (Robert Buckland), said that these actions would not even
“come close to breaking international law”—[Official Report, 14 September 2021; Vol. 700, c. 799.]
Given the number of leading UK legal experts with no axe to grind who say the absolute opposite, can the Attorney General at least reassure the House that she has not advised the Home Secretary that pushback plans would be either legal or moral?
The Attorney General
The Government are committed to addressing the unacceptable rise in dangerous and unnecessary small boat crossings, and are continuing to explore all options available to bring the numbers down. Our primary focus is on preventing people from entering the channel, tackling the criminal gangs responsible and protecting lives. As part of the Home Office’s ongoing operational response, it will continue to evaluate and test a range of safe and legal options for stopping small boats.
Jacob Young (Redcar) (Con)
The Attorney General (Suella Braverman)
In 2020 my office received, and as the Law Officers we reviewed, 552 referrals under the unduly lenient sentence scheme. Ninety-seven of those were referred to the Court of Appeal and 61 sentences were increased. In February, I was proud to present in the Court of Appeal a case in which the victim was raped while in a relationship, and I was successful in increasing the defendant’s sentence. It is important that victims report these crimes and that justice is seen to be done.
Jacob Young
Last month Cleveland police’s former head of corporate communications, Mr Green, pleaded guilty to making indecent images of children. The district judge gave Mr Green a sentence that involved no jail time and a community order lasting just 24 months. That strikes me as an unduly lenient sentence in any case, but given the position of trust he held in his senior role in Cleveland police, I believe that the case must be reviewed. Will the Attorney General review Mr Green’s sentence and ensure that justice is heard for the victims of his crime?
The Attorney General
I thank my hon. Friend for his tireless work on behalf of those who have been affected by cases of this nature. This case was brought to my attention by Steve Turner, the Cleveland police and crime commissioner. As my hon. Friend will be aware, I can only review sentences that fall within the unduly lenient sentence scheme, and as this case was heard at the magistrates court it is ineligible.
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The Attorney General (Suella Braverman)
The CPS continues to work with the police and other investigators to prosecute criminal cases involving fraud. In 2019-20, the CPS prosecuted more than 10,000 defendants where fraud and forgery were the principal offence. It also has a dedicated specialist fraud division to deal with serious, complex and difficult cases of fraud that can often result in huge financial loss to victims.
Nicola Richards [V]
Constituents in West Bromwich East have made me aware of some of the latest scams that criminals are using to exploit the public at this difficult time. They include text messages about covid-related grants and even criminals going door to door pretending to sell vaccine doses. Can my right hon. and learned Friend update us on any discussions she has had with the CPS about these specific types of fraud cases?
The Attorney General
I thank my hon. Friend for raising this issue. Crimes where covid is the context for exploitation and fraudulent behaviour are completely sickening. The Director of Public Prosecutions has made it clear in his interim charging protocol that offences related to covid, including fraud, will be prioritised and that the offenders will be prosecuted. The joint inspectorate report commended the CPS’s response to the pandemic, including its ability to move to remote working without any major service interruption. That was noted as a major achievement.
Jacob Young
Those who use this pandemic to exploit vulnerable people really are the lowest of the low. In Redcar and Cleveland, we have had a number of examples of fraudsters trying to trick elderly people in particular with fake vaccines and scam NHS emails. What more can the Government do to crack down on those types of criminals?
The Attorney General
My hon. Friend is right to raise this sickening trend. The Government are committed to stopping criminals benefiting from their ill-gotten gains. In 2019-20, the CPS successfully used its specialist prosecutors to seize more than £100 million through confiscation orders across all offence types.
Robbie Moore
Over the pandemic, we have seen scammers claiming to be from Her Majesty’ Revenue and Customs, Royal Mail delivery scams, NatWest urging scam warnings out to its customers and, perhaps the lowest of the low, an NHS vaccine scam. Could my right hon. and learned Friend outline how the CPS is working in partnership with those organisations to tackle fraud?
The Attorney General
We are aware that cyber-criminals and fraudsters are attempting to exploit opportunities around the pandemic, as I have said. That is why the Government have invested in the National Economic Crime Centre, which is leading a multi-agency response to tackle serious and organised fraud during the pandemic. The CPS continues to play a key role in this effort, providing early investigative support in serious fraud cases.
Daniel Kawczynski
I, too, would like to join the Chairman of the Select Committee in wishing the Attorney General the very best for the birth of her child and maternity leave afterwards.
At a time when we are hearing about more disturbing cases of fraud, not just against private citizens but against the state and the public purse, will the Attorney General continue to give us information through the House of Commons Library, publicising the success stories of the CPS in following, tackling and prosecuting those fraudsters?
The Attorney General
I thank my hon. Friend for his kind wishes. He is right to highlight the successes that the CPS has had in tackling serious fraud. In recent months, the serious fraud division has brought three high-value investment scammers to justice. These include Joseph Lewis, who ran a £20 million Ponzi scheme fraud for a decade and was sentenced to five years and four months’ imprisonment, and Freddy David, an authorised financial consultant who was operating a parallel Ponzi fraud which resulted in a loss of £10.4 million to his victims. He was sentenced to a total of six years in prison and was issued with a confiscation order for just over £1 million.
Damien Moore (Southport) (Con)
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Jessica Morden (Newport East) (Lab)
The Attorney General (Suella Braverman)
Morning, Mr Speaker. The criminal justice response to the pandemic has been truly collaborative, and I thank all frontline staff for their incredibly hard work. The Crown Prosecution Service is working closely with partner agencies to reduce the backlog of cases in courts. That includes introducing internal measures to manage larger, live caseloads and working to ensure maximum throughput of cases at court. I am pleased to say to the hon. Lady that Newport and Cwmbran magistrates court is now listing cases in line with pre-covid timescales.
Jessica Morden
The backlog of cases has meant a serious delay in the ability to access justice. As the Law Society has pointed out:
“Investing in legal aid for early advice and legal representation will ensure judicial time is used as efficiently as possible in cases which do go to court.”
What is the Attorney General doing with the Lord Chancellor to ensure that legal aid and early advice are funded properly to help tackle the backlog?
The Attorney General
I am grateful for the question from the hon. Lady. I am working with the Lord Chancellor and with all Government Departments to support publicly funded lawyers. At the beginning of the pandemic, the CPS, for which I am mainly responsible, made changes to its system for paying fees to advocates to help support them during this difficult time. In August, the Government invested a further £51 million into the criminal legal aid fee scheme to better reflect the important work that publicly funded barristers provide.
Sir Robert Neill (Bromley and Chislehurst) (Con)
I and members of the Justice Committee join the Attorney General in paying tribute to all those in the justice system who have worked very hard to deal with the extra pressures of the covid pandemic. Recognising that, she will know of course that the Lord Chief Justice has recently observed that a significant number of multi-handed large-scale organised crime cases are likely to be coming into the Crown court system in the coming year. That will add to pressure because of the social distancing arrangements required in Crown courts, and given that we are listing, at the moment, some cases up to 2022, that is clearly not desirable. How is she proposing that the CPS deals specifically with those pressures given also the comments by the inspectorate around disclosure still needing to be improved as that can cause delays at trials?
The Attorney General
Again, my hon. Friend raises an important point, because, in order to tackle the backlog and ensure that court activity continues where possible, the CPS has moved over its Crown advocates to increase its resources in reviewing cases and has offered secondments to the Bar. That is something that has been welcomed by the Bar and by the profession. That move to bring CPS advocates in-house to deal with charging and case progression—matters that my hon. Friend raises—ensures that the CPS is in the best place to be ready for trials and to support the courts recovery plan to deal with the backlog and, in particular, those multi-handed trials, which are of concern when it comes to bearing down on this backlog.
Mr Speaker
I now call shadow Attorney General, Ellie Reeves, to whom I send birthday greetings. Happy birthday.
Ellie Reeves (Lewisham West and Penge) (Lab)
Thank you very much, Mr Speaker, and I congratulate the Attorney General on her happy news.
The CPS case backlog is up 55% since March; victims of domestic violence are being told by police to pursue civil action rather than criminal prosecutions because the courts are so overwhelmed; and the latest figures show that domestic abuse prosecutions are down by 19%. On the final day of 16 days of action against gender-based violence, it is clear that the Government are letting down victims on every front. What exactly is the Attorney General doing about this?
The Attorney General
I wish the hon. Lady a happy birthday and thank her for her kind wishes, but I have to disagree with the premise of her question.
Of course, the Government take very seriously the challenges faced by vulnerable victims, particularly at this difficult time, and we acknowledge there are challenges and strains in the court system. That is why, earlier this year, the CPS introduced the interim charging protocol with the police, which prioritised high-harm cases, including those with victims of domestic abuse or serious violence. That has enabled a slower decrease or fall in the prosecutions of those cases.
We have also seen the roll-out of section 28 in 18 courts since February, and, as of 23 November, throughout 82 Crown courts. That is a real benefit for vulnerable victims who are going through the traumatic experience of giving evidence in domestic abuse cases and on sexual violence matters.
Martyn Day (Linlithgow and East Falkirk) (SNP)
Tony Lloyd (Rochdale) (Lab)
The Attorney General (Suella Braverman)
Tackling rape is a priority for this Government, and £3 million has been awarded to the CPS in this year’s spending review specifically for rape and serious sexual offence work. This year the CPS published its own rape strategy, “Rape and Serious Sexual Offences (RASSO) 2025”, and has updated rape legal guidance and training for specialist prosecutors. The CPS is also engaging stakeholders on a joint action plan on rape, with the police, aimed at improving joint working, launching in 2021.
Tony Lloyd [V]
I can rehearse the figures, as indeed the Attorney General can, on declining rates of prosecution for rape and sexual violence. The Victims Commissioner, Vera Baird, found that only one in seven victims believes they will get any form of justice through our criminal justice system. Does the Attorney General agree that if rape is not to be a de facto matter of impunity for the attacker, we must have the rape review published as soon as possible, and that we have to see urgent action to begin to bring these catastrophic and scandalous numbers down and to give confidence to victims that they will actually get justice?
The Attorney General
The hon. Gentleman is, with respect, wrong to suggest that perpetrators of rape can behave with immunity—I think that was the word he used. There is a real priority shared throughout Government to bear down on the low rates of prosecutions and convictions in this area. Following the publishing of the shadow rape review, the Government have decided to delay publication of the end-to-end rape review until 2021, so that we can ensure proper engagement with the views and perspectives of stakeholders. That will allow us to assess other recently published findings, including the survey of victims of rape undertaken by the Victims’ Commissioner. That is important work, and we want to get it right.
Ellie Reeves (Lewisham West and Penge) (Lab)
Rape prosecutions are at their lowest level on record, and the recent survey of survivors found that just 14% believed they would receive justice by reporting the crime. Does the Attorney General agree that violence against women is a violation of women’s fundamental human rights, and does she therefore think that instead of announcing unnecessary consultations on the Human Rights Act 1998, which is there to protect victims and the public, the Government should instead focus on addressing the complete and systematic failures of the current criminal justice system?
The Attorney General
The decline in criminal justice outcomes for rape is a cause of deep concern for us all, and although the increased charge rates in 2019-20 and in quarter 1 of 2020-21 have led to increases in the volume of cases proceeding to prosecution following charge, there is clearly more to be done.
The decline in this issue is complex and cross-system. It is why the Government have commissioned an end-to-end rape review, which, as I said, is due to publish next year. The CPS is proactive in making improvements, including the publication of its strategy, which deals head-on with trying to support victims and to address the concerns expressed in the 2019 inspectorate report. It has also published updated rape legal guidance for public consultation. That is the way to get it right, so that we can inject long-term benefits and change in the system.
Afzal Khan (Manchester, Gorton) (Lab)
The Attorney General (Suella Braverman)
Criminal defence lawyers play a crucial role in upholding the rule of law, and the Government greatly value the work that they do. In my meetings with the Bar Council, the Criminal Bar Association and with circuit leaders, support for the publicly funded Bar is always high on the agenda.
There are three things here. First, at the beginning of the pandemic, the CPS made changes to its system for paying fees to advocates to support them at that difficult time. Secondly, the Government made it easier for barristers to claim hardship payments for Crown court work. Thirdly, in August, the Government invested an extra £51 million into the criminal legal aid fee scheme to better reflect the important work that criminal barristers do.
Afzal Khan [V]
It was extremely disappointing to see no further funding for legal aid practitioners announced in the Chancellor’s spending review. There has not been a rise in legal aid payments for 25 years, and a decade of Government cuts to legal aid have left thousands of practitioners facing the prospect of going out of business, even before coronavirus. Does the Attorney General agree that legal aid practitioners should have been included in the spending review?
The Attorney General
As I have already mentioned, the £51 million of additional funding through the criminal legal aid review has been allocated specifically for those publicly funded barristers and lawyers of whom the hon. Gentleman speaks. The next phase of CLAR will involve an independently led review that will ensure the market meets demands, provides value for money for the taxpayer and provides for defendants to continue to receive high-quality advice from a diverse range of practitioners, protecting access to justice now and into the future.
Catherine West (Hornsey and Wood Green) (Lab)
Oral Answers to Questions
Suella Braverman Excerpts(4 years, 1 month ago)
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Andy Slaughter (Hammersmith) (Lab)
The Attorney General (Suella Braverman)
I speak regularly with Cabinet colleagues, including the Home Secretary, and I am in no doubt whatever that this Government are rightly proud of the UK’s legal tradition and our legal profession. We benefit enormously from the contribution of our excellent and hard-working lawyers, and I will always champion our profession and lawyers of all stripes, whichever side they represent, but sadly from time to time there are those who take advantage of their position and abuse the court process. In those instances, to pretend that lawyers are somehow beyond criticism is not only naive, but does the public a great disservice.
Matt Western
I listened to that answer, but does the Attorney General agree that she has to speak out and say that she does not condone these attacks? Will she explain what steps she has taken to address the matter with Cabinet members? Can she give me and the House assurances that these attacks, which are corrosive and undermining the legal profession, will cease immediately?
The Attorney General
I am proud of the profession, and in my role as head of the Bar, I will not hesitate to champion the interests of our lawyers. Indeed, given that it is Pro Bono Week, I take this opportunity to thank the thousands of lawyers out there who regularly give their time and their services free of charge on a pro bono basis, helping some of the most vulnerable in our society. I was pleased earlier this year to acknowledge the winners of the LawWorks and Attorney General’s student pro bono awards, and I know that the Solicitor General himself has recently met with members of the community. That is a real mark of a compassionate profession.
Andy Slaughter
At the Conservative party conference, the Prime Minister said he would prevent the whole criminal justice system being hamstrung by what the Home Secretary would doubtlessly like to call lefty human rights lawyers and other do-gooders. On 9 October, the chair of the Bar wrote a letter to the Prime Minister, copied to the Attorney General, asking the Prime Minister to withdraw those comments. Will she at least see that the chair of the Bar gets a reply to that letter sent a month ago? Those comments are leading to attacks—not just verbal, but often physical—on lawyers.
The Attorney General
Lawyers play a vital role in our justice system and in upholding our democratic society. However, I find the words of the Lord Chief Justice very useful. He recently took the opportunity in the Court of Appeal to make the general point that
“it is a matter of regret that a minority of lawyers have lent their professional weight and support to vexatious representations and abusive late legal challenges.”
I find his words prescient and very relevant to this debate. As a friend and ally of the profession, I know the vast majority of our profession uphold the highest standards, but we cannot deny that there is a minority who do not.
Sir Robert Neill (Bromley and Chislehurst) (Con)
I welcome the tone of the Attorney General’s remarks. Does she recognise that it lies in the hands of parliamentarians and legislators to correct faults in the system that are abused? At the same time, will she confirm that the Government are firmly committed to the robustness and public value of an independent legal profession and judiciary and to enhancing that by ramping up the work that we do in public legal education, so that people are generally more aware and better informed of the valuable work that the profession and the judiciary do for us all?
The Attorney General
My hon. Friend and I are in total agreement on this. I know that during his years of practice at the Bar, he will have been part of a profession that upheld the highest standards. Generally, the profession is very well policed. We have a robust code of conduct. We have regulatory authorities that call out and discipline those lawyers who fall short of the standards. He is absolutely right that we need an independent and robust profession as part of a fair society, and his role has been critical, not only in public legal education but as a champion for justice as Chairman of the Justice Committee. As he was Master of the Bench of Middle Temple at my own Inn, I can definitely vouch for his overall fabulousness.
Ellie Reeves (Lewisham West and Penge) (Lab)
Lawyers, like all of us, have the right to work without fear or intimidation. Early in the pandemic, lawyers were rightly identified by this Government as key workers, yet the language used by the Home Secretary and the Prime Minister was not only wrong, it was reckless and does a huge disservice to an entire profession. I am certainly proud of the legal profession. The Attorney General says that she is too, so will she today condemn the references to criminal defence lawyers and immigration lawyers as “activists” and “do-gooders”?
The Attorney General
Yes, I know that the hon. Lady had an esteemed career as a lawyer, and we share a common interest in upholding the position of lawyers in our society. Any violence—I must make this clear—is utterly deplorable against any lawyer or anyone going about their work. But we have to be clear that, more broadly, there are lawyers who have gone on the record to make it clear that they are pursuing politics through the courts. There are judges who have felt compelled in their decisions to remind counsel that judicial review is not and should not be regarded as politics by another means. Everyone in the profession needs to take heed of those observations in making their professional decisions.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
I think many in the legal profession will be horrified by the approach that the Attorney General is taking today. She must, like the Lord Chancellor, accept that the comments from the Home Office and the Prime Minister went way beyond legitimate criticism, devaluing the values of lawyers and questioning their motivation. Will she join the criticism of the remarks that were made? Will she also investigate whether sources in the Government and Whitehall have been responsible for identifying individual law firms and lawyers when anonymously briefing newspapers about activities that the Home Secretary and No. 10 are angered by?
The Attorney General
The hon. Gentleman refers to law firms and, by implication, the incident, which was very serious and, as I say, deplorable. It is not something to trivialise or politicise, and we should be careful not to draw conclusions about any incident that is under investigation. I know that he specialised in immigration law. I defended the Home Office for many years in the same field of law. We know that the vast majority of lawyers who specialise in immigration law are upholding the highest standards, are devoted to their clients and are working to secure justice. But we only have to look at the records of the Bar Standards Board or the Solicitors Regulation Authority to see that there are those who fall short of those high standards, and it is right that action should be taken to stop that sub-optimal delivery of service.
Andrew Jones (Harrogate and Knaresborough) (Con)
The Attorney General (Suella Braverman)
In 2019-20, the Serious Fraud Office secured more than £13 million in new financial orders against criminals it investigated, with payments received against previous orders totalling more than £7 million. That strong performance has continued this year. In July, the SFO secured confiscation orders totalling £5.45 million against former Afren employees, and in September, the SFO used for the first time a listed asset recovery order to recover £500,000-worth of jewellery in a long-running mortgage fraud case.
Andrew Jones
I thank my right hon. and learned Friend for that answer, and it is very encouraging to see the efforts being taken to make sure that crime does not pay. What has been the impact of covid-19 on the SFO’s capacity to recover crime proceeds?
The Attorney General
I am grateful for my hon. Friend’s question. While covid-19 has obviously had an impact on the court system and caused some delays in obtaining and enforcing court orders, the SFO has continued to progress its proceeds of crime work, successfully obtaining confiscation orders and using new asset recovery powers to recover money in a long-running fraud case. Its ability to maintain operational effectiveness in the face of the challenges posed by covid-19 was recognised in the report by the inspectorate on the SFO’s response to the pandemic.
Cat Smith (Lancaster and Fleetwood) (Lab)
Geraint Davies (Swansea West) (Lab/Co-op)
The Attorney General (Suella Braverman)
I work frequently with Departments on legislation, including on issues that relate to compliance with international law. The UK is committed to the rules-based international system. We were the architects of the post-war international legal order, including the UN Charter, NATO, and the European convention on human rights—a history of which I am very proud. The principle of discharging our treaty obligations in good faith is, and will remain, the key principle in forming the UK’s approach to international relations.
Geraint Davies [V]
The United Kingdom Internal Market Bill breaks international law by reneging on the EU withdrawal agreement. The Covert Human Intelligence Sources (Criminal Conduct) Bill contravenes the right to life and the prohibition of torture under international conventions. The Overseas Operations (Service Personnel and Veterans) Bill means the UK will be unable to prosecute war crimes after five years, so we will end up at the International Criminal Court in The Hague. The Attorney General’s job is to ensure that we deliver the rule of law nationally and internationally. She has failed in her duty. Will she now resign?
The Attorney General
The hon. Gentleman raises some interesting points, but it seems that he has missed the fundamental principle underlying our constitution and the UK’s relationship with international law. It is not right to say that our constitution requires a blind and automatic adherence to international law. Domestic law is on a different plane to international law. It is entirely proper and constitutional, and in line with the principle of parliamentary sovereignty, that the Queen in Parliament may legislate in a manner inconsistent with international law. That is an age-old principle underpinning our constitution.
Mr Speaker
That is the end of questions. In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for three minutes.