17. How many charges of human trafficking the Crown Prosecution Service successfully pursued in each of the last three years. (133944)

I regret that the Crown Prosecution Service does not hold information in the precise form requested. Human traffickers are sometimes prosecuted for other offences, ranging from rape to immigration offences. However, CPS records show that the number of charges for trafficking for sexual exploitation in the last three years were: 16 in 2004-05; 65 in 2005-06; and 116 in 2006-07.

That does not quite square with the answer that I was given by the Home Office in October, which stated that

“30 convictions for trafficking for sexual exploitation”—[Official Report, 23 October 2006; Vol. 450, c. 1682W.]

took place in total in the last three years, and that there were only 16 cases in that time, even though the Home Office admits that 4,000 women a year are being trafficked through our ports of entry. That means 12,000 women coming through, but only 30 convictions. Is that because trafficked women do not feel safe giving evidence against their traffickers and have no safe haven in Britain if they do give it; is it because the police do not give much priority in the overall scheme of things to pursuing traffickers; or is it, finally, because the Crown Prosecution Service is neither motivated nor up to the job of ensuring that traffickers are brought to court, charged, prosecuted and sentenced?

The point that I emphasised was that the figures I provided were charges. I will have a look at the answer that the hon. Gentleman received from the Home Office. The difficulty is that traffickers are often prosecuted under a range of different provisions and it depends precisely on the list of charges to which the answer was related.

On the wider issue, human trafficking clearly harms individuals—and the whole of our society, for that matter—and the CPS will prosecute if there is a public interest in doing so, as there invariably will be, where there is sufficient evidence to secure a prosecution. The hon. Gentleman will be aware of the case of Luan Plakici who was sentenced to 10 years in the Crown court for organised trafficking. As a result of the Attorney-General’s reference, that was increased to 23 years, so we have had a number of very considerable successes. The hon. Gentleman is right to say that we need to do more and we are doing more. Indeed, the UK Borders Bill will do more to enable us to carry out prosecutions.

Let me also say that I hope that signing up to the European convention on human trafficking will, when mandatory reflection periods come in, give victims more confidence to come forward and report these issues. Hopefully, that will result in more prosecutions.

18. What assessment he has made of the likely impact of the victims surcharge on prosecutions. (133945)

It is expected that the victims surcharge will generate up to £16 million to provide better services for the victims of crime, including £3 million for witness care units to encourage and support victims and witnesses in giving evidence, £3 million to provide independent domestic violence advisers, and other funding to help victims organisations. Supporting and helping victims and witnesses within the criminal justice system is an important aspect of getting more successful prosecutions.

It has of course been extremely difficult to secure prosecutions in certain areas of criminality, especially domestic violence and rape. I welcome the implementation of the victims surcharge. Does the Solicitor-General agree that we will be able to expand the network of voluntary organisations that support victims and encourage them to come forward, given that fear and the possibility of stigma sometimes prevent people from bringing cases to trial?

My hon. Friend is right. The proper long-term funding of witness care units will help witnesses and victims to come forward, especially regarding cases of rape. The extra funding for independent domestic violence advisers, who we hope to have in place in 64 sites where we have established specialist domestic violence courts, will help victims of domestic violence. Securing funding for victims organisations is an important step that I hope will enable those who support victims to know that funding will be in place in the longer term. Those who offend will be in a position where they will make a contribution to supporting victims.

Will the Solicitor-General explain why the victims surcharge is being levied on people who commit offences that often have no victims, such as motorists, yet not on those who commit offences that always have a victim, such as rapists?

I do not accept that there is never a victim in motoring offences. Motoring offences are not victimless crimes. Some 3,201 people were killed on Britain’s roads in 2005, while 28,954 people were seriously injured and the total number of casualties was 271,000. Other so-called victimless crimes cause harm and create a cost to society through bringing the offender to justice and enforcing the sentence imposed. Money from the surcharge is going directly to help victims services—I think that the hon. Gentleman ought to be supporting that.

19. What the Government’s policy is on whether the Law Officers should be parliamentarians. (133947)

As was the case under previous Administrations, the Government’s position is that Law Officers should be Members of one of the Houses of Parliament so that they are accountable to this House and the other place for decisions that are reached and may be questioned about them.

I am grateful to my hon. and learned Friend for that answer. Obviously, there are arguments on both sides, but I understand that the Solicitor-General has come to this House on three occasions to answer questions about the controversial decision not to prosecute British Aerospace. Had he not been a Member of this House, who would have been able to answer our questions about that problem?

My hon. Friend makes a good point. As soon as the Serious Fraud Office took its decision to halt the investigation regarding BAE Systems, I came to the House—the Attorney-General went to the House of Lords—to explain the decision in person. There have been three debates in this House and three in the other place on that decision in which we have participated. We have corresponded with a large number of Members of both Houses. That happens only because the Law Officers are Members of Parliament, directly accountable to it for the work of the Serious Fraud Office and the other main prosecuting authorities. That would be lost if the Law Officers were taken out of the picture and out of Parliament.

I agree entirely with the Solicitor-General. In the circumstances, would he care to comment on the views held by the Minister of State at the Department for Constitutional Affairs, which has been advocating that the Law Officers should be taken out of Parliament altogether and should cease to be Members of the Lords or the Commons?

The Government have set out our position with clarity.

I take a different view entirely. I think that all Ministers, not only Law Officers, should not be Members of the House. That is part of the problem. If I am the Minister for paper clips and statues, the only thing that I can talk about is paper clips and statues. If I am a Government Whip, I cannot say anything at all—I tell a lie; I could move that the House adjourns. We want Ministers out of the House, but we want to bring them to account in the House for their stewardship, whether they are Law Officers, Foreign Office Ministers or Home Secretaries.

My view is that Ministers should be accountable in this House. They should be able to answer questions from Members such as my hon. Friend. The Law Officers have to decide on controversial issues and we want to ensure that they have to come to this House and the other place to answer questions on them. It is all about accountability. In a sense, people can pay their money and take their choice, but accountability is important in this place and we can provide it.

I, too, agree that accountability to this House on the part of Law Officers is extremely important. In that context, the Attorney-General has, rightly, made it plain that were the dossier from the Director of Public Prosecutions on the cash-for-peerages investigation to be passed to him for decision, he would take independent counsel’s advice. In light of the accountability of the Attorney-General to the House, will he make that advice available to Members, either immediately if no prosecution takes place, or, if it does, on a Privy Council basis until such time as the trial would not be prejudiced by the contents?

It is premature to speculate on precisely what will happen in this case. The police file has gone to the CPS, and the hon. Gentleman will appreciate the fact that the Law Officers have not yet seen any of the evidence. The Attorney-General has said that if he is consulted he will take advice from senior independent counsel. He has undertaken to consult Opposition spokesmen for the Law Officers’ role on the choice of counsel. He has said that if the decision is taken not to prosecute, he would wish to publish counsel’s advice in so far as it is in accord with the principles of justice. That will ensure that the whole process is as objective and transparent as possible.