Oral Answers to Questions

Victoria Prentis Excerpts

Thursday 6th July 2023 Commons Chamber

[Chris Stephens (Glasgow South West) (SNP)]

2. What discussions she has had with Cabinet colleagues on the compatibility of the Illegal Migration Bill with the European convention on human rights.

[The Attorney General (Victoria Prentis)]

As the hon. Gentleman knows, I am bound by the Law Officers’ convention not only to not talk about advice that I give to Cabinet colleagues, but to not even reveal whether such advice has been given.

[Chris Stephens]

The United Nations High Commissioner for Refugees gave evidence to the Court of Appeal, advising the court on matters concerning international refugee law. That ultimately contributed to the Bill being found unlawful. The recommendations included co-operation with EU neighbours and fair and fast asylum procedures that are more humane, efficient and cost-effective. Will the Attorney General ensure that the Cabinet listens and enacts those recommendations?

[The Attorney General]

The Government are disappointed by the recent outcome of the case before the Court of Appeal and will seek permission to appeal to the Supreme Court. The Court of Appeal did say that the policy of removal to a safe third country could be compatible, and it did not disturb the finding of the High Court that Rwanda is safe, though the majority was concerned about the possibility of onward removal from Rwanda. The Government will make robust arguments before the Supreme Court and will be applying for permission later today.

[Mr Speaker]

I call the shadow Minister.

[Andy Slaughter (Hammersmith) (Lab)]

The former Lord Chancellor, the right hon. Member for Esher and Walton (Dominic Raab), when told of the demise of his Bill of Rights, said:

“All the wrong people will celebrate.”

Was the Attorney General celebrating the defeat of that attack on our European convention rights? Will she now stand up to other of her Cabinet colleagues who repeatedly transgress international law? They did it with the Northern Ireland protocol, with the United Kingdom Internal Market Act 2020, with the Illegal Migration Bill and again this week with the Economic Activity of Public Bodies (Overseas Matters) Bill. She is the Attorney General, so if she will not stand up for the rule of law, who will?

[The Attorney General]

I absolutely can and do stand up for the rule of law. The Government are committed to the rule of law domestically and committed to maintaining and upholding our obligations under international law. That is made quite clear to all Ministers.

[Mr Speaker]

I call the SNP spokesperson.

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

The Rwanda asylum plan was declared so poor that it threatened the rights of asylum seekers not to be tortured or subjected to inhumane treatment, and it was found incompatible with a host of international conventions. Those were the findings of the Court of Appeal, and the Supreme Court will inevitably reach the same conclusion. How much taxpayers’ money does the Attorney General estimate the Government will spend appealing this illegal plan?

[The Attorney General]

I absolutely do not accept the premise of the hon. Lady’s question. The divisional court was a strong win for the Government. At the Court of Appeal, the majority found against us, but we also had a strong judgment from the Lord Chief Justice. We believe that the assurances we have had from Rwanda regarding asylum protections there are robust, and we intend to make those arguments strongly in the Supreme Court.

[Tonia Antoniazzi (Gower) (Lab)]

3. What steps she is taking to increase prosecution rates for cases relating to violence against women and girls.

[The Attorney General (Victoria Prentis)]

Work is going on across the criminal justice system to drive up prosecution levels. In the Gower, charges of adult rape suspects have increased dramatically in the past year. The Solicitor General and I recently visited CPS South Wales to discuss its future plans.

[Tonia Antoniazzi]

The Jade’s law campaign is gathering more supporters with each passing day, united in our belief that a man such as Russell Marsh should have no say over the future of his children, whose mother he so viciously murdered. Will the Attorney General engage in a serious and sympathetic discussion with her colleagues in the Ministry of Justice about how we can make Jade’s law a reality?

[The Attorney General]

While I always enjoy my discussions with the hon. Lady, I am afraid that I am not a Minister in the Ministry of Justice. I am happy to pass on her points to those Ministers. The Attorney General’s Office stays completely separate and independent of the Ministry of Justice, and it is important that we maintain that.

[Mr Speaker]

I call the Chair of the Justice Committee.

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

I am sure the Attorney General will agree that the investigation and prosecution of rape and serious sexual offences requires particular skills in both investigation and handling in court. Will she therefore welcome the increase in prosecution counsel fees to an equal level with those for the defence so that we get the most competent people doing these cases? Will she also accept that more investment must continue to go in so that the Crown Prosecution Service, as the Director of Public Prosecutions pointed out to our Committee on Tuesday, can continue to recruit sufficient experienced rape prosecutors and have the digital technology to deal with things such as mobile phone evidence in these cases?

[The Attorney General]

My hon. Friend knows well that I do not hold the budget that he is seeking to influence, but he is one of the best campaigners in the House and, as ever, he made his point extremely clearly. I watched with interest his Committee’s proceedings earlier this week and noted what was said.

[Mr Speaker]

I call the shadow Attorney General.

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

Almost 500 days ago, in the joint inspectorate’s report on the post-charge handling of rape cases, it recommended that “Immediately”—I stress that word—

“the police and the CPS should work…to ensure that bad character is considered in all rape cases, and progressed wherever it is applicable.”

That means applying to enter into evidence relevant elements of a suspect’s history, including past convictions and a record of violence. But when I recently asked the Ministry of Justice about the issue, it could not even tell me how many bad character applications had been made or allowed in the last year, let alone what progress had been made in meeting the immediate recommendations from last year’s report. Does the Attorney General know what progress has been made? If not, will she make immediate inquiries?

[The Attorney General]

I am always interested in the right hon. Lady’s inquiries into the way that data is produced. She has made some valid points in the past, and I am always keen to engage with her on how best we can provide transparency. I am happy to take her point forward with Ministry of Justice colleagues. I have seen much closer working between the CPS and the police. That is working particularly well in the area of rape and serious sexual offences, which is why we have prioritised that work. I would be happy to look into her question.

[Peter Grant (Glenrothes) (SNP)]

5. What recent discussions she has had with Cabinet colleagues on the potential establishment of a special tribunal on crimes of aggression against Ukraine.

[The Attorney General (Victoria Prentis)]

I am confident that Russia will be held accountable for its appalling actions in Ukraine. We have been at the forefront of international efforts. We have referred Russia to the International Criminal Court, we will intervene on behalf of Ukraine before the International Court of Justice later this year, and we are part of the core group of states working to establish a special tribunal for the crime of aggression.

[Peter Grant]

The Attorney General will appreciate that the International Criminal Court does not have jurisdiction over crimes of aggression—in effect, the deliberate, violent and unprovoked military incursion into the sovereign territory of another recognised state. Karim Khan, a prosecutor at the ICC, has pointed out that none of the other 93,000 war crimes committed by Russia in Ukraine could have happened had it not been for that initial crime of aggression. Will the Attorney General assure us that steps are being taken to set up a special tribunal as quickly as possible, so that Putin and his fellow criminals can be brought to justice before they get the chance to destroy the evidence?

[The Attorney General]

I thank the hon. Gentleman for his interest in this matter. There are three broad strands to our work on accountability. First, we have provided expert assistance to Ukrainian investigators. Secondly, alongside the international community we will continue to provide the ICC with funding, people and expertise, though I accept that the crime of aggression cannot be prosecuted there. Thirdly, we are exploring other options to hold Russia accountable for the crime of aggression.

[Robbie Moore (Keighley) (Con)]

6. What steps the Crown Prosecution Service is taking to increase support for victims of rape and serious sexual offences.

[Alexander Stafford (Rother Valley) (Con)]

10. What steps the Crown Prosecution Service is taking to increase support for victims of rape and serious sexual offences.

[The Attorney General (Victoria Prentis)]

We know that increased support for victims means that they are more likely to stick with the case until trial. We are working together across the criminal justice system to achieve that. Independent sexual violence advisers are really effective. The new intervention is the revised victims code, which will put a duty on the CPS team to meet the victim.

[Robbie Moore]

In constituency surgeries I have heard some of the most horrendous, gut-wrenching child sexual exploitation stories, some of which have involved multiple instances of rape of young children. That has profound, lifelong implications not only for the victims but for their families. As the cases move through the court, the experience can be terrible and traumatic, which is further exacerbated if the trial is delayed. Will the Attorney General assure me that in those cases, the whole family, including the victim, are supported not only during the trial but before and after, with mental health and wellbeing support?

[The Attorney General]

I have spoken to my hon. Friend about the specific case in his constituency. The Government are making it easier for all victims, including children, to access support. I spoke earlier about ISVAs—we also have children and young persons’ independent sexual violence advisers, who are specially trained to work with children. The Solicitor General and I saw some great work in Manchester, where a large number of child victims are supported.

[Alexander Stafford]

Some of those who groomed and raped children in Rotherham during the child sexual exploitation scandal and were put away are now starting to be released, some having served less than half their sentence. That is causing immense psychological damage to the victims, who live knowing that their rapists walk free. What can we do to protect those vulnerable people and make sure that child rapists serve their proper sentence behind bars?

[The Attorney General]

Public protection is our top priority,. We want serious offenders to serve the time in prison that reflects the seriousness of their crimes. Last year, we abolished automatic halfway release for serious sexual and violent offenders who are serving more than four years.

[Jim Shannon (Strangford) (DUP)]

I thank the Attorney General very much for her answers. One thing that concerns me and everyone in this House, but in particular families, are the delays for those who have been sexually abused over a number of years and are waiting for a trial to happen. What has been done to support families and individuals through that, because the timescale erodes their willingness and confidence to have justice?

[The Attorney General]

The hon. Gentleman is quite right to raise the concern that with delay comes victim attrition. The answer lies in support. The ISVAs that I mentioned earlier are invaluable in ensuring that victims are willing to continue their case to trial.

--- Later in debate ---

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

9. Whether she has taken recent steps to support Ukraine’s judiciary in its conduct of war crimes trials.

[The Attorney General (Victoria Prentis)]

We have sent our most experienced international judge, Sir Howard Morrison, to train more than 100 Ukrainian judges. I met some of them earlier this year in Kyiv with him. Next week, we have a delegation of Ukrainian officials in the UK for prosecutorial training.

[Patricia Gibson]

The International Centre for the Prosecution of the Crime of Aggression was launched in The Hague this week with the backing of the EU, the US and the International Criminal Court, collecting data, interviewing victims and building evidence files to assist both international and national prosecutors to bring criminals to justice for the invasion of Ukraine. In addition to what the Attorney General has already said, what further practical steps will she take to support the centre, and assist and support international efforts to gather evidence of war crimes committed in Ukraine?

[The Attorney General]

I thank the hon. Lady for her question. I would be delighted to pick this up with her outside the Chamber if she would like more detail on the work we are doing. I work very closely with the Ukrainian prosecutor general, Andriy Kostin. His team are currently investigating and prosecuting 92,000 open war crimes cases during a conflict—something that is unprecedented. We are providing help at every level, including prosecutorial and evidence-gathering help. We are a keen part of the atrocity crimes advisory group. We have been training judges. We are keen to help with the wider accountability question on the international stage as well. At all levels, we are absolutely determined to help our friends in Ukraine.

[Mr Speaker]

Could the Attorney General keep going for another 30 seconds?

[The Attorney General]

I could keep going on Ukraine almost forever, Mr Speaker. What else shall I talk about? What a delight! I could talk about Ukraine all day.

There is another large piece of work on compensation that we are undertaking with our international partners—

[Mr Speaker]

Well done!