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Fraud/Serious Financial Crime

Volume 586: debated on Tuesday 14 October 2014

2. What progress he has made on the more effective prosecution of fraud and other serious financial crimes. (905415)

I discuss with the Director of Public Prosecutions and the director of the Serious Fraud Office the effective prosecution of fraud and financial crime. Both the Crown Prosecution Service specialist fraud division and the SFO have conviction rates of around 85% for 2013-14. This month the first plea of guilty has been entered in the LIBOR case. In the first six months of this year the SFO obtained financial orders worth over £23 million in total and it has successfully recovered around £9 million in confiscation orders from serious criminals.

Last month the Attorney-General indicated that he would consider adopting Labour’s policy of making it a criminal offence for a company to fail to prevent fraud by its employees. When will the Government legislate on that?

It is certainly worth considering whether we can do better in overcoming the gap in the law as it relates to finding those within the corporate world who are responsible for what are very serious crimes. The appropriate approach to politics is to take ideas from wherever they come and consider them carefully, which is exactly what the Government will do. When we are in a position to bring forward proposals, we will do so.

One of the new weapons that prosecutors have at their disposal is the deferred prosecution agreement, which I hope will be made use of in the near future. Will my right hon. and learned Friend confirm that he and our hon. and learned Friend the Solicitor-General are determined to maintain the Serious Fraud Office as an independent investigating prosecutor and that it is under no danger of being subsumed into any other piece of the Government machine?

My hon. and learned Friend is a distinguished former Law Officer and played a significant part in bringing forward deferred prosecution agreements. He should be proud of what he did in that regard. So far as the future of the SFO is concerned, I take the view that the Roskill model on which it is based, which combines lawyers, investigators and experts of other kinds into specific teams to deal with what are very complex and difficult investigations and prosecutions, is the right model. As I have said, it is achieving some creditable results. Although I do not set my face against any change in the future, I do think it is worth preserving that model. I know that the Solicitor-General and I will wish to make that argument very strongly.

Has the Attorney-General received from the Serious Fraud Office a request for an emergency injection of funds? Is he aware that it is struggling and estimates that it needs an additional £19 million to continue its work?

The hon. Gentleman may know that the funding model for the Serious Fraud Office is very unusual. It receives core funding, but it is recognised, not least by the Treasury, that there are a number of cases that, because of their nature and scale, require additional funding. That is standard practice for the SFO in terms of its funding. It received a large extra amount of money to deal with those so-called blockbuster cases last year and that will no doubt be the case this year. When we are in a position to set out figures for this year, we will do so, but it is in no way unusual that that should happen and it is a sensible model for what is effectively a demand-led organisation.

Will the Attorney-General share with us what measures are being taken to increase prosecution rates for all corruption cases?

My hon. Friend will appreciate that corruption cases might be prosecuted by the Serious Fraud Office or, on a lower scale, by other bodies. We seek to present the evidence to the Crown Prosecution Service, if that is the appropriate body, and for it to consider in accordance with the usual test whether the evidence is there and the public interest is met for pursuing a prosecution. He will understand and know clearly that the Government’s commitment to dealing with corruption at every level is very strong, and that commitment will continue.

Is the Attorney-General aware of the difficulties in obtaining successful prosecutions and the seizure of assets against criminal gangs operating from Northern Ireland involved in money laundering as a result of the non-operation of the National Crime Agency in that part of the United Kingdom?

Yes, of course. As the hon. Gentleman knows, the National Crime Agency’s writ does not run to Northern Ireland, but he is right that we need to work closely with the agencies that do work in Northern Ireland to ensure that we do the best we can to recover these assets. We will continue to work closely with the Northern Ireland Executive to ensure that that continues to happen.

The simple reality is that when county police forces deal with fraud without their area as well as within it, it simply does not work. I have been very frustrated going from pillar to post between those agencies and the Serious Fraud Office. What role does the National Crime Agency now play and should it not be bringing such cross-border cases together?

The Serious Fraud Office certainly works very closely with the National Crime Agency on its case load, but it is also important that we recognise what has happened within the CPS with the creation of a specialist fraud directorate, which tries to bring together some of the prosecutors, not least those from other Departments, such as the Department for Environment, Food and Rural Affairs and the Department for Work and Pensions, to ensure that we have the necessary expertise to pursue fraud wherever it is found. We will continue to do that, because it is important that we recover these assets and that we prosecute those responsible for fraud, which in many cases is effectively fraud on the taxpayer.

I wish the Attorney-General the best of luck in his new role, particularly in explaining to this legal illiterate Government their obligations under international and national law to uphold the rule of law. I also wish him the best of luck with Home Office empire building, and that is the purpose of this question. Will he confirm reports in The Times and the Financial Times that Ministers are discussing the abolition of the Serious Fraud Office and will he give this House a clear assurance that he will fight such attempts to dismember the SFO so that we continue to have an independent combined investigator and prosecutor of serious economic fraud?

I am grateful—I think—for the hon. Lady’s welcome. May I reassure her that this Government fully understand their legal obligations, both national and international, and that they will continue to do so for as long as I am Attorney-General? As for the Serious Fraud Office, let me repeat what I said to my hon. and learned Friend the Member for Harborough (Sir Edward Garnier). It is crucial that we maintain, as she says, the unique model of combining investigators, lawyers and other experts in specific teams to address very complex and difficult cases. That is a model well worth defending. It would be foolish for any Minister within any Government to set their face entirely against any change that might produce a better outcome and, conceivably, a better deal for the taxpayer, but I think it is important to defend that model and she has my absolute assurance that I will continue to do so.