Migration and Economic Development Partnership
Debate between Suella Braverman and Ellie Reeves(1 year, 5 months ago)
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Suella Braverman
It is not over yet. This is a Court of Appeal judgment. We have made it clear that we are seeking permission to appeal it, and we will await the outcome of the next level in the process and the next decision from the courts. It is premature to assume that this is the end of the policy. We maintain a high level of confidence in the lawfulness of the policy. We are committed to delivering it and to working in partnership with Rwanda.
Ellie Reeves (Lewisham West and Penge) (Lab)
Today’s judgment says that Rwanda’s physical capacity for housing asylum seekers is limited to 100 people. That represents less than 0.5% of the people who crossed the channel last year. Why on earth, then, have the Government already given £140 million to Rwanda for what is clearly an unethical and unworkable scheme?
Oral Answers to Questions
Debate between Suella Braverman and Ellie Reeves(3 years ago)
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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.
Oral Answers to Questions
Debate between Suella Braverman and Ellie Reeves(3 years, 2 months ago)
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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.
Oral Answers to Questions
Debate between Suella Braverman and Ellie Reeves(3 years, 12 months ago)
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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.
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.
Oral Answers to Questions
Debate between Suella Braverman and Ellie Reeves(4 years, 1 month ago)
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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.
Oral Answers to Questions
Debate between Suella Braverman and Ellie Reeves(4 years, 2 months ago)
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The Attorney General
Consideration of and voting for this Bill do not constitute a breach of the law. However, there are powers in the Bill which, if and when exercised, will operate to disapply treaty obligations at the international law level—in particular, article 4 of the withdrawal agreement, and articles 5 and 10 of the Northern Ireland protocol. Parliamentary supremacy means that it is entirely constitutional and proper for Parliament to enact legislation, even if it breaches international treaty obligations. I am glad that my right hon. Friend voted in support of section 38 of the European Union (Withdrawal Agreement) Act 2020, which made it clear that parliamentary supremacy will prevail over international law.
Ellie Reeves (Lewisham West and Penge) (Lab)
The last five former UK Prime Ministers have all shared their concern about the Government’s intention to break international law through the United Kingdom Internal Market Bill. The Northern Ireland Secretary said that the Government anticipated breaking the law in a “specific and limited way”. Even the Attorney General’s own predecessor said that the Government’s intention to break the law is “unconscionable” and will greatly damage Britain’s international reputation. So I ask the Attorney General: are they all wrong?
The Attorney General
The question of whether in law the Government can act in this way is very simply answered: yes, they can. The question of whether they should is one for political debate, not legal argument. The hon. Lady may not like that answer, but it is one that is founded on a robust legal footing by the supremacy of Parliament, elucidated by Dicey and confirmed by a unanimous Supreme Court in Miller.
Ellie Reeves
I have listened to what the Attorney General has said and I do not think that she has really answered the question. As a barrister, she knows full well the role of the Government Law Officers; they must uphold the rule of law without fear or favour. As her political hero, Margaret Thatcher, once said:
“In order to be considered truly free, countries must…have…an abiding respect for the rule of law.”
Yet there is a universal view among those who look to the Attorney General to defend the rule of law that she has betrayed them, so could she tell the House what she has done to defend the rule of law in the face of the Government’s breach?
Oral Answers to Questions
Debate between Suella Braverman and Ellie Reeves(4 years, 5 months ago)
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The Attorney General
My hon. Friend raises an important point. The CPS is not immune to the impact of the backlog. I am pleased that throughout this pandemic it has coped remarkably well, despite the challenges. The recent inspectorate report published at the end of last month sets out in a lot of detail how well the CPS has responded to the difficulties. It is currently receiving 1.8 cases for every one that can be completed in the court. I should note that it has also successfully maintained its recruitment plans despite the pandemic, and we now have more than 300 new prosecutors within the CPS.
Ellie Reeves (Lewisham West and Penge) (Lab) [V]
The recent HM Crown Prosecution Service Inspectorate report found that it could take 10 years to clear the criminal case backlog, with 41,000 outstanding cases, in a criminal justice system on its knees. While Labour has been calling for Nightingale and covid-safe courts for the past four months, the Government have been discussing scrapping jury trials. So can the Attorney General confirm today when the Nightingale courts will be up and running, and how many victims of sexual violence are still waiting for their case to get to court?
The Attorney General
I am glad that the hon. Lady has mentioned the recent inspectorate report, which I think gives a strong commendation to the CPS for its response to this pandemic. In comparative terms, there is a strong vote of confidence in the CPS’s resilience, digital capability and planning for difficulties such as these. She is right to mention the court recovery plan. As I have mentioned, the Lord Chancellor has published a detailed plan. Many measures are under consideration. There is a strong commitment to the right to jury trial, but no decisions have been made yet.
The Attorney General
The CPS has been monitoring the absence level of both lawyer and support staff throughout the pandemic. Where necessary, the CPS has virtually redeployed staff between different CPS areas to ensure that workloads were effectively managed. Court closures and the significant reduction in court sittings resulted in the release of some staff to undertake different tasks and work. This increased the amount of legal and administrative resources available for casework.
Ellie Reeves (Lewisham West and Penge) (Lab) [V]
West Midlands police recorded over 4,000 cases of domestic violence in the first month of lockdown, yet only 3% of those cases have resulted in criminal charges. Between 2015 and 2019, despite domestic violence cases rising by 77%, charging fell by 18% and convictions by 20%. I ask the Attorney General again: how many victims of sexual violence are still waiting for their case to get to court, and what is she doing to ensure that domestic abuse does not go unpunished?
The Attorney General
It is essential that perpetrators, victims and their families know and understand that the criminal justice system remains open and operational during the covid outbreak, and the CPS and I are working closely with colleagues across Government and the criminal justice system to ensure that those horrendous offences continue to be brought to justice. Priority must be given to the most serious cases to make sure that dangerous offenders are dealt with quickly. That is why the CPS has worked with police colleagues to introduce an interim charging protocol with clear guidance on its use. All non-custody domestic abuse cases were categorised as high priority and will be dealt with accordingly.
Oral Answers to Questions
Debate between Suella Braverman and Ellie Reeves(4 years, 6 months ago)
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The Attorney General
My hon. Friend is right that those scenes of people attacking our heroic police officers were frankly sickening. It is obviously a matter for operationally independent police forces to use their flexibility and discretion as they see fit. My hon. Friend is right that out of court disposals can allow police to deal with low-level offending and first-time offending swiftly and efficiently. Whether that would be appropriate in those cases, I am not so sure personally: assaults on emergency workers are particularly callous. They are heroic men and women who are sacrificing their own health and safety in the service of others. It will always depend on the individual facts of the case and will always be a decision ultimately for the independent police force.
Ellie Reeves (Lewisham West and Penge) (Lab)
Can the Attorney General confirm that in assault cases, as in all other covid-related offences, the law should apply equally to all, and that as superintendent of the CPS by tweeting her support for Dominic Cummings, she undermined the impartiality of her role and the rule of law?
The Attorney General
It is plain for any reasonable observer to see that there was no question whatever of my having provided any public legal view on the matter to which the hon. Lady refers. To suggest that that was somehow a legal opinion is simply absurd. She should know that I have no role whatever to play in the day-to-day decisions on individual cases. I respect and have full confidence in the operational independence of the CPS and the police, and I would gently encourage her to share my support and share my confidence in them.
Oral Answers to Questions
Debate between Suella Braverman and Ellie Reeves(4 years, 7 months ago)
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The Attorney General
My hon. Friend speaks with authority about child safeguarding, based on his practice as a barrister and his time in government as a Minister. These crimes are abhorrent, and those who commit them must not be let off the hook. Today, the landmark Domestic Abuse Bill returns to the Commons for its Second Reading. I am very proud to have personally supported this landmark legislation that provides support—legal and otherwise—for victims of domestic abuse, including children, so that we as a nation take a step further towards eliminating domestic abuse.
Ellie Reeves (Lewisham West and Penge) (Lab) [V]
I congratulate the Attorney General on her appointment; likewise, I look forward to a constructive working relationship with her.
Charities and police forces across the country anticipated a rise in domestic abuse during the lockdown. Indeed, the Met is currently arresting an average of 100 people a day, with charges and cautions up 24%. Devastatingly, domestic abuse killings doubled in the first three weeks of lockdown. Meanwhile, in January, a report by the Crown Prosecution Service inspectorate stated that the domestic abuse case load for both the CPS and police had increased by 88%, against the backdrop of a 25% reduction in funding, therefore stretching prosecutors’ workload and forcing them to make difficult decisions about priorities. I am extremely grateful for what the AG has said, but I urge her to significantly increase funding—