Sentencing Reform/Legal Aid

Yasmin Qureshi Excerpts

Tuesday 21st June 2011 Commons Chamber

[Mr Clarke]

We have recommended the extension of restorative justice from the start. The more I come across it, the clearer it is to me that it is very welcome to victims and can be made very successful. We are continuing unswervingly in that regard, and intend to make more use of the system.

I agree with the hon. Gentleman about the importance of the probation service in tackling reoffending. We should perhaps try to make the probation service better where it needs improving, but we will not be able to improve reoffending rates if no one is supervising the offenders or their behaviour on licence. I have seen reports suggesting that we are going to fill the so-called gaps in our funding—which are pretty small in comparison with what we are saving overall—by cutting the probation service, but I assure the hon. Gentleman that it has not been singled out more than any other area. We are looking for efficiencies everywhere, but we are not bouncing away from one possibility in order to cut the probation service simply to save money.

[Yasmin Qureshi (Bolton South East) (Lab)]

Will the Lord Chancellor reconsider provision for citizens advice bureaux, given that last year my local CAB dealt with 14,000 of the most disadvantaged and vulnerable people in my constituency?

[Mr Clarke]

Only 15% of CAB funding comes from my Department, and about 50% of CABs receive no legal aid funding at all. However, I agree with the hon. Lady about the value of good CABs. Their quality varies, but the best are very good. I am anxious for us to do what we can to strengthen CABs, as are my colleagues in other Departments: we are considering what we can do to help them across Government. I am doing my best, and we will settle on some support eventually. It will not be as much as the CABs want, but I think that we will be able to help.

Police Reform and Social Responsibility Bill

Yasmin Qureshi Excerpts

Wednesday 30th March 2011 Commons Chamber

[Michael Ellis]

That is a matter of personal opinion. As I have indicated, one would have to make a comparison with the previous 10 years. The universal jurisdiction law is a common law matter and has, therefore, presumably been available for decades. If it has been used only 10 times in the past 10 years, one would have to go back to see what happened during the previous 10 years. Perhaps one would discover that during that period it had never been used once. If that is the case, it has been increasingly used; I would just posit that.

I am conscious of the fact that other hon. Members would like to speak, so may I conclude by saying that Canada is not considered to be a country that is in any way permissive towards war crimes, yet it has adopted a tack similar to the proposed British solution? Although boasting a very broad piece of legislation implementing universal jurisdiction, Canada’s law requires that all claims based on universal jurisdiction first be personally approved by its Attorney-General or deputy Attorney-General before they can be introduced in any court. So I would posit that to Labour Members, and say that if Canada has done this and is doing it—

[Yasmin Qureshi (Bolton South East) (Lab)]

rose—

[Michael Ellis]

I am going to finish now. If Canada has done this and is doing it, I see no reason why England and Wales should not do it as well.

--- Later in debate ---

[Dr Huppert]

The role of the police is important. Private prosecutions are the wrong way to go about dealing with such people. If a private prosecution has to be used the state has failed to go ahead—but I would like to see it do so. Private prosecutions are an essential safeguard where the state has failed.

[Yasmin Qureshi]

rose—

[Dr Huppert]

I shall give way once more, but then I want to conclude and allow other hon. Members to speak.

[Yasmin Qureshi]

Does the hon. Gentleman not accept that the provision has been introduced because of the arrest of one individual? We are changing centuries of our law and tradition for the sake of one person.

[Dr Huppert]

My position was well summarised by an Opposition Member who spoke earlier. It is a shame that there has been a conflation of two separate issues—one about Israel-Palestine and the whole sordid tale there, and the other a legal debate about what the system ought to be. I wish it were possible to have that discussion.

The DPP made it clear that he would talk to the Attorney-General, but he said five or six times that there would have to be a very powerful weight in favour of prosecuting, because the crime is one of universal jurisdiction. The public interest would have to be overwhelming. I take comfort from that, because I am concerned that at present the Attorney-General can stop any process going ahead. We do not have a functioning private prosecution system in this country, because the Attorney-General can stop any such prosecutions at any stage. Including the DPP in the provision would make it harder for the Attorney-General to do that, because straight after the DPP—a recognised independent person—said, “Yes, there is a case. This person can be prosecuted,” the Attorney-General would be faced with the prospect of saying, “Actually the DPP is wrong. He doesn’t understand this,” and trying to end it.

The provision makes prosecutions easier, and it is prosecutions that I am concerned about. I should like to hear more about how the Government will make sure that the police take stronger action. I should like to hear whether they agree with recommendations from the Joint Committee on Human Rights, on which I serve, that would weaken the role of Attorney-General in terminating private prosecutions. My remaining concern is about the fact that the DPP may decide not to go ahead because the evidence is too weak. If that is genuinely the case, I do not think that any of us would have a problem with it. However, what worries me are cases in which the DPP does not get round to making a decision because there is a pocket veto. I should like an assurance from the Minister that the Government will report on such cases. If there are a large number of them in which a pocket veto is exercised and no proper decision is made, I hope that the Government will look at the matter again and make sure that there is due process.

--- Later in debate ---

[Nick Herbert]

I will deal with some of these points as I go on.

All that the provision will do is prevent a warrant being issued in cases where there is no realistic prospect of a viable prosecution taking place. It would not, as the right hon. Member for Cynon Valley (Ann Clwyd) claimed when she moved her amendment, give immunity to war criminals. That is not the case.

It has been argued that the consent requirement will lead to delay and allow someone who ought to be prosecuted to leave the country. That is the force of amendment 154. That is a serious point, which the Director of Public Prosecutions addressed when he gave evidence to the Public Bill Committee. I urge those hon. Members who are concerned about the provision to read, if they have not done so already, the DPP’s evidence to the Public Bill Committee, which I believe will give them a great deal of reassurance as to how he would approach the matter.

The DPP is well aware that speed is important in dealing with such applications. He explained that the Crown Prosecution Service has suitably trained staff available around the clock, and they stand ready to act immediately in emergency cases. He also had helpful advice for anyone who wants to pursue a crime of universal jurisdiction, which is that they should not wait until the suspect has arrived here, but should engage early with the CPS. He said that they

“should come to us”—

that is, the CPS—

“with whatever evidence they have, and we will undertake to look at it and to advise.”

It has also been argued, and we have heard this evening, that there is a risk of political interference, given the likelihood that the DPP would consult the Attorney-General.

[Yasmin Qureshi]

rose—

[Nick Herbert]

If the hon. Lady will forgive me, I will not give way; time is short.

I raised such a risk in questioning the DPP, but he made it clear in his evidence that

“the decision is the decision of the Director of Public Prosecutions, taken independently.”

He added that consultation between the DPP and the Attorney-General, which is regular,

“acts as no inhibition on the independence that I would bring to the decision. At the end of the day, the decision is mine, it is independent and it is reviewable.”––[Official Report, Police Reform and Social Responsibility Public Bill Committee, 20 January 2011; c. 124-130.]

As my hon. Friend the Member for Cambridge (Dr Huppert) pointed out, the DPP also said that there are powerful public interest reasons to prosecute in a case that has satisfied the evidential threshold.

The necessity for the provision has been questioned on two grounds. It is said that the sort of people whom it is designed to safeguard are already covered by immunity. Although this is true of some of the visitors against whom arrest warrants have been sought in the past, it is not true of all. Immunity from criminal jurisdiction applies to certain Ministers, and warrants have been sought against Ministers not covered and those who are not Ministers at all.

Oral Answers to Questions

Yasmin Qureshi Excerpts

Tuesday 29th March 2011 Commons Chamber

[Mr Blunt]

My hon. Friend has been assiduous in holding the offender learning contract to account in Reading prison, and the Skills Funding Agency has completed an investigation into the allegations made against The Manchester College in respect of its education contract there. The report of that investigation is being finalised, and I am not able to comment on it until it has been completed, but my hon. Friend is absolutely right that we must get the heads of learning and skills in the prisons much more clearly in charge of the direction of the skills training in their institutions.

[Yasmin Qureshi (Bolton South East) (Lab)]

3. What the evidential basis is for his proposals on the future of universal jurisdiction.

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

Requiring the consent of the Director of Public Prosecutions before an arrest warrant can be issued does not affect in any way the principle of universal jurisdiction or the Government’s commitment to that principle in the future. The reason for making this change is that at present a warrant can be issued where there is no realistic prospect of a viable prosecution.

[Yasmin Qureshi]

As the Lord Chancellor will know, universal jurisdiction is an ancient civil right: it is the right of an individual citizen to take court action against somebody suspected of committing a war crime. In the last 10 years, only 10 such applications for arrest warrants have been made, and only two of them were successful. As the Lord Chancellor will be aware, these arrest warrants are issued by the chief district judge for the London petty sessional area. In light of the fact that only two of these applications have been successful, why are the Government considering abolishing this ancient principle?

[Mr Clarke]

It is not being abolished. First, universal jurisdiction is not as old as suggested, but we welcome the application for, and enforcement of, universal jurisdiction here just as much as the previous Government did. The trouble at present is that the test for issuing an arrest warrant is so low that it is possible for a warrant to be issued when there is not the faintest chance of any serious prosecution going ahead. While I understand the feelings behind some of the applications, there is no doubt that publicity is being sought rather more than a prosecution, and the likely targets are people such as Israeli or Sri Lankan politicians coming here whom dissident groups want to be arrested. The DPP can act promptly, and we will enforce the law when there is a genuine case for a prosecution. Indeed, one Afghan warlord has been successfully prosecuted in this country and is currently in prison.

Police

Yasmin Qureshi Excerpts

Wednesday 9th February 2011 Commons Chamber

[Nick Herbert]

Well, I think it is important that up until the Olympics the pledged sum remains in place in order to ensure security. Such decisions can be taken afterwards.

The Metropolitan police will continue to receive a national, international and capital city grant, recognising the unique duties they perform. It will be worth £200 million next year, although it will be reduced in subsequent years on the same basis as the police main grant.

The Government’s absolute priority is to ensure that the England and Wales police service retains and enhances its ability to protect and serve the public. Understandably, there has been much focus on the impact of the settlement on police numbers. Given the need to reduce public spending, we cannot guarantee the number of police and staff, which had reached record levels—almost 250,000 people—and neither, of course, could the previous Government.

[Yasmin Qureshi (Bolton South East) (Lab)]

The Minister says that the number of police officers will be reduced. Recently, he is supposed to have said that there is no link between the commission of crime and the number of police. Does he still stand by that statement?

[Nick Herbert]

I did not say that; I said there was no simple link, and there is not.

All parties agree with Her Majesty’s inspectorate of constabulary that police forces can make savings of over £1 billion a year while maintaining police availability. However, that will mean smaller police work forces in order to support the £1 billion a year of savings HMIC says can be made, which I do not think the Opposition have understood. That is why I regard it as so unacceptable that the Opposition should campaign on the issue of police numbers when they are committed to cutting spending by over £1 billion a year, which will lead to a reduction in police numbers.

The challenge for the service is to improve efficiency, drive out waste and increase productivity so that front-line policing is prioritised and the service to the public is maintained or improved.