Oral Answers to Questions

Debate between Suella Braverman and Robert Neill

Thursday 24th March 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Select Committee, Sir Robert Neill.

[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.

Oral Answers to Questions

Debate between Suella Braverman and Robert Neill

Thursday 6th January 2022 Commons Chamber

[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.

Oral Answers to Questions

Debate between Suella Braverman and Robert Neill

Thursday 16th September 2021 Commons Chamber

[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?

Oral Answers to Questions

Debate between Suella Braverman and Robert Neill

Thursday 10th December 2020 Commons Chamber

[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.

Oral Answers to Questions

Debate between Suella Braverman and Robert Neill

Thursday 5th November 2020 Commons Chamber

[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.

Oral Answers to Questions

Debate between Suella Braverman and Robert Neill

Thursday 24th September 2020 Commons Chamber

[Mr Speaker]

I am not quite sure that we have responsibility for the SNP conference at the moment. I call the Chair of the Justice Committee.

[Sir Robert Neill (Bromley and Chislehurst) (Con) [V]]

The Attorney General referred to the letter that she sent to me and other Select Committee Chairs on 10 September, which included a statement of the Government’s legal position on the United Kingdom Internal Market Bill. What support, input and advice did she receive from any legal officials in her Department, or from Treasury counsel, in drawing up that statement of the Government’s legal position?

[The Attorney General]

I thank my hon. Friend for that question. He will be aware of the Law Officers’ convention, which forbids me from confirming the fact of legal advice or the content of it, so I will not divulge any details about who may have assisted me in the drafting of legal advice. However, I am grateful to him for his contribution in finding a resolution, and particularly for his support on the Government amendments tabled earlier this week, which introduce a break-glass clause. That upholds the supremacy of Parliament, giving it an extra check and opportunity to look closely at and examine the case for taking this action. I believe that is lawful and constitutional.

Oral Answers to Questions

Debate between Suella Braverman and Robert Neill

Thursday 9th July 2020 Commons Chamber

[The Attorney General]

The Lord Chancellor and I discuss a range of criminal justice issues on a regular basis. As the hon. Gentleman will know, the Ministry of Justice is leading the court recovery plan, which it published last week. That plan includes a suite of measures, both legislative and non-legislative. The point is that nothing is decided, but I can reassure him that I am deeply committed to the right to jury trial.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I think that all members of the Select Committee on Justice would welcome that last comment about the importance of jury trials, as I do. On the court recovery plan, the Lord Chancellor told the Justice Committee that he would make all resource that was necessary available to seek to clear the backlog, including the Nightingale courts, which we have heard about, and sitting courts to maximum capacity. Will the Attorney General ensure that the CPS has the resources, in terms of not only money, but personnel—in-house lawyers, solicitor advocates and instructing independent members of the Bar, when necessary—to make sure that a competent qualified prosecutor is always available to prosecute cases wherever they are needed, to make sure that this backlog is dealt with?

[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.

Oral Answers to Questions

Debate between Suella Braverman and Robert Neill

Thursday 4th June 2020 Commons Chamber

[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.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

This is the first time I have had the chance in the Chamber to welcome the Attorney General to her post. I hope that she will take up the invitation to appear before the Justice Committee before the summer recess.

The Director of Public Prosecutions has rightly detailed to the Committee the way that charging protocols and priorities work, but there has been concern that when we drop below the serious cases of assaults on emergency workers, covid-related charges were made by the police in other cases without reference to the CPS at the initial point of charge, and people were charged under the wrong section or when the evidential test was not made. Will she ensure that CPS advice is made available to the police for all charging decisions for all covid-related cases under the regulations or otherwise, to ensure that we do not get a repetition of that unfortunate state of affairs?

[The Attorney General]

My hon. Friend makes me an invitation I simply cannot refuse, and I look forward to appearing before his Committee in due course. He will know that the Coronavirus Act 2020 and the associated regulations were brand new pieces of legislation introduced at pace and at a challenging time. The CPS has committed to reviewing all of its prosecutions brought under that legislation to ensure that the new laws are being applied correctly and appropriately in all cases. It has carried out a review and in a relatively small number of cases there was some confusion. The police and CPS have committed to instilling new guidance to ensure that mistakes do not get made again.