The Attorney General was asked—
Forced Marriage
1. What steps the CPS is taking to ensure its prosecutors will be able successfully to prosecute the criminal offence of forced marriage. (900695)
2. What steps the CPS is taking to ensure its prosecutors will be able successfully to prosecute the criminal offence of forced marriage. (900696)
12. What steps the CPS is taking to ensure its prosecutors will be able successfully to prosecute the criminal offence of forced marriage. (900709)
The first successful prosecution using the new offence of forced marriage was recorded earlier this year. Previously, the Crown Prosecution Service had to use offences such as assault and kidnap to address this serious issue. The CPS has provided legal guidance and learning support to its prosecutors on cases of forced marriage to raise their awareness of the issues involved, which includes the important work of joint workshops with the police in every CPS area to tackle this menace.
I thank my hon. and learned Friend for that answer. Clearly, we want to rid society of this scourge. Will he update the House on how many prosecutions have been brought to court and how many are in the pipeline?
From 2010, particular offences that involve forced marriage as a key element have been flagged by the CPS. I am happy to report that the volume of completed prosecutions in the last year, 2014-15, rose to 46, the highest ever. There is more work to be done, but the progress is encouraging.
Forced marriage is a scourge across many communities in the UK and I welcome the work undertaken by the Government on the Modern Slavery Act 2015. Will my hon. and learned Friend update the House on the work being carried out to bring this scourge to an end? What advice has been provided to young men and women who might be at risk of forced marriage?
The joint Home Office and Foreign and Commonwealth Office forced marriage unit, which has been in operation for about 10 years, provides free and confidential advice on the dangers of being forced into marriage and the precautions that can be taken. It operates both here and overseas and last year gave advice and support in nearly 1,300 cases. I commend its work to the House.
I declare an interest, as a barrister. What is the CPS in London, where my constituency sits, doing to embed best practice for the prosecution of forced marriage?
I welcome my hon. Friend to the House. He brings a wealth of legal experience and I am grateful to him for his interest. He mentioned joint training courses; 14 London prosecutors attended last year’s joint training course, held with the Metropolitan police on forced marriage, honour-based violence and female genital mutilation. There is a specialist team of about 25 lawyers in London dealing with all Crown court cases that include elements of forced marriage and there are similar arrangements in magistrates courts.
Of the 1,271 cases, 11% involve victims who are under the age of 16. In the last Parliament, the Select Committee on Home Affairs specifically asked the Education Secretary to write to every headteacher to make them aware of this problem, especially before the summer holidays. Has this been done? If not, can it be done?
I do not have the information on whether that letter has been written, but I very much appreciate the importance of cross-governmental working to deal with this issue and, indeed, many others that, as the right hon. Gentleman knows, are cultural and need to be tackled head on rather than ignored.
Given that the forced marriage unit, which the Solicitor General rightly commended, is offering advice on some 1,300 cases, we are clearly only touching the tip of the iceberg with the number of cases that come to court. Is he certain that Crown prosecutors have the resources they need to deal with these complex cases and adequate training to understand the cultural and family backgrounds that might lead to victims wanting to withdraw the case?
The hon. Lady makes a proper point. I can reassure her that the degree of training and, importantly, the joint training that goes on with the police is very much understood by the Crown Prosecution Service. It applies not just to forced marriage, but to a range of offences in which cultural barriers and other issues can make it difficult for victims to come forward. It is well understood and I am glad to see that numbers continue to increase, but of course more work needs to be done.
Since the Modern Slavery Act came into force, there has been some limited success, but more has to be done to protect victims. What has been done to train staff in the public agencies to spot forced marriages?
I have dealt with training within the CPS and the police, but the hon. Gentleman makes a proper point about third-party agencies. In the case of young people it is an issue of safeguarding. Forced marriage is a form of child abuse and must be recognised as such. All agencies should be alert to this manifestation and make reports promptly and comprehensively.
Does the Solicitor General agree that the number of successful prosecutions on forced marriages, as with other offences, depends on there being a sufficient number of prosecutors with the time to make individual judgments on cases and to prepare properly for trial? Does the hon. and learned Gentleman agree that cutting the number of prosecutors in this Parliament and cutting funding for the Crown Prosecution Service is likely to be counterproductive?
I welcome the hon. Gentleman to his place—another experienced lawyer. The work that has been done by the Crown Prosecution Service in the past five years in removing excessive expenditure in the back office and concentrating on the front line has yielded results. I am absolutely confident that issues of resource will never get in the way of the proper investigation and prosecution of such allegations.
Serious Fraud Office
3. What his future funding proposals are for the Serious Fraud Office; and if he will make a statement. (900698)
The Serious Fraud Office is a small and demand-led organisation that comprises investigators, prosecutors, accountants and other specialists. The model, which is known as the Roskill model, gives the director of the SFO the flexibility to have the right combination of expertise to tackle the most complex and large cases. The current blockbuster funding approach allows him to take on cases that are exceptionally demanding in terms of resource, such as the LIBOR case, while avoiding the need constantly to maintain high levels of permanent staff, which are not always necessary.
The SFO going cap in hand to the Treasury when it wants to take on a major case could mean delaying justice. Why not let moneys recovered by the SFO be kept by it so that it has autonomy?
Attractive though that proposal sounds—I take it in the constructive spirit that I know the hon. Gentleman intends—my worry is that that is an even more uncertain means of funding the SFO. The advantage of blockbuster funding is that it allows the SFO the flexibility it needs, allows significant amounts of money to be allocated to its work, and proves the point that funding will never be a bar to the work of the SFO in investigating serious fraud.
I think the Solicitor General is telling us that he is not all that keen on the idea, if one interprets the lawyer-speak.
Installing temporary IT equipment in courts for SFO prosecutions is eye-wateringly expensive and a drain on SFO resources. Does the Solicitor General agree that we need to look again at this issue to establish whether the taxpayer is getting value for money?
Splendid fellow!
The Solicitor General may know of my long-term interest in this matter. We all want a Serious Fraud Office that is fit for purpose; this Serious Fraud Office is not. We go back to the catastrophe that was the daft prosecution and dawn arrest of the Tchenguiz brothers. As he knows, if we have a weak SFO, it relies on accountants, such as Grant Thornton. That is not a healthy relationship for the SFO.
The hon. Gentleman is right to refer to previous failures, but things have moved on considerably in the right direction since the appointment of the current director in 2012. It is important that we give our full-throated support to the work of the SFO because, as the hon. Gentleman says, if there are doubts about the integrity and efficacy of that important arm of the prosecutorial authorities, we are in serious trouble indeed. I hope he will recognise that progress is being made.
Progress might be being made, but why is the SFO not performing better than it is, and what international comparisons have been made to identify better examples that it could follow?
I do not have chapter and verse on international comparators today for my hon. Friend, but I am more than happy to have that discussion with him. The Roskill model, which allows prosecutors and investigators to work hand in hand, is essential when it comes to this type of offending. It works and it must continue to be supported. Whatever the framework within it, that model of investigation is very important.
Rape and Domestic Violence (Conviction Rates)
4. What steps the Crown Prosecution Service has taken to improve the conviction rate for rape and domestic violence in the past two years. (900699)
6. What steps the Crown Prosecution Service has taken to improve the conviction rate for rape and domestic violence in the past two years. (900703)
Over the past two years, the Crown Prosecution Service has worked with the police to increase the number of referrals for rape and domestic abuse. As a result, the number of people prosecuted for those offences last year was the highest ever. However, more is being done to increase conviction rates, particularly in rape cases, through better training and specialisation among prosecutors and better presentation of cases to juries.
What factors explain the variance in conviction rates for domestic violence and rape cases? Will the Attorney General join me on a visit to Kent to meet the excellent Crown Prosecution Service staff?
I welcome my hon. Friend to her place. She is absolutely right that there is variance in the statistics, but it is worth noting that there is a difference between what used to happen to bring about those unsuccessful outcomes and what happens now. A large proportion of unsuccessful outcomes in these cases are the result of jury acquittals. The proportion that results from victim issues or discontinued cases is going down. It is important that we do what we can to help juries reach the right conclusion in each case. She will know that I have visited her constituency in the past, as have many hon. Friends. We rather hoped that she would be in a position to ask questions in this House as a result, and I am glad that she is. I will be happy to visit again.
I declare an interest as a barrister, and indeed as a member of the same chambers as the Attorney General. I welcome the recent statistics showing the highest ever conviction rate nationally for rape and domestic violence cases, but does he share my concern about the figures in Hampshire, where the conviction rate for rape fell in 2014-15? What action will he take to address that?
I welcome my hon. Friend to her place—I am delighted that she has joined us. This must surely be the safest place to say that there can never be too many lawyers in the House of Commons. [Interruption.] It is the safest place, but still not entirely safe.
It is a matter of concern that the conviction rate in Hampshire is not higher. As I mentioned in my previous answer, we need to look at the factors that are bringing about unsuccessful outcomes. As my hon. Friend well understands, it is not true that acquittal is the wrong outcome in every case, but we need to do everything we can to ensure that cases are presented robustly to juries so that they can reach the right conclusions.
An effective way of increasing the number of referrals from the police and increasing the prosecution and conviction rates for such crimes is to ensure that victims of abuse feel confident that they will be taken seriously when reporting the crime and supported by the whole criminal justice system thereafter, bearing in mind that many of them, if not all, are extremely traumatised. What steps is the CPS taking, in conjunction with the police, to ensure that the requisite support for victims is in place throughout the process?
I agree with the hon. Lady. She is entirely right that we need to ensure that victims are supported throughout the process. That starts when a report is made, which of course relies on the police adopting a sympathetic attitude. We then need to see referrals from the police to the CPS. As I mentioned, we are seeing an increasing number of referrals, which is a good sign. We then need to follow through the process, as she says, which is as much about communication as anything else. Giving evidence in court is intimidating for anyone, and even more so for the victims of this type of offending, so we need to ensure that everybody does what they can to ameliorate the process.
Rule of Law (Magna Carta)
5. What steps he is taking to ensure that the rule of law continues to be upheld in line with the principles of Magna Carta. (900701)
7. What steps he is taking to ensure the rule of law continues to be upheld in line with Magna Carta. (900704)
Last month, along with guests from many other countries, I attended the commemoration of the sealing of Magna Carta 800 years ago at Runnymede. In the centuries since, the rule of law has played a fundamental part in our national identity. The Lord Chancellor and the Law Officers share a particular responsibility to promote it in Government—one that we all take extremely seriously.
Will my right hon. and learned Friend assure me and the House that any future Bill of Rights will contain the principles of Magna Carta? Will he also join me in paying tribute to William Marshal, who later became the Earl of Pembroke? He was one of the original signatories of Magna Carta, served five English kings loyally, saved us from the French, and then reissued Magna Carta under his own seal in 1216.
I am happy to join my hon. Friend in paying tribute to those who brought about the original Magna Carta; we all owe them a great debt. He will know that William Marshal and others would probably not recognise the human rights landscape now; a lot has changed. We want to promote a new and modern version of a Bill of Rights that I hope maintains all the important principles of Magna Carta but recognises what has changed in the past 800 years.
I declare that I am a barrister. The county of Lincolnshire holds one of only four copies of Magna Carta. What steps is my right hon. and learned Friend taking to ensure that the principles that have been developed in this country since 1215 are promoted abroad?
I welcome my hon. Friend to her place—another lawyer; this is good news, we are heading in the right direction. She is right to point out that the rule of law is important not just in this country but across the globe, and this country has a proud record of doing what it can to promote it. We are a leading member of the United Nations Human Rights Council. She will be aware of the efforts of our former right hon. Friend, William Hague, in relation to sexual violence in conflict. We are the first state in the world to implement the UN’s guiding principles on business and human rights, and there are other examples.
rose—
Order. I do not want a situation to develop in which we have time for the questions but not for the answers. We are short of time.
The Prime Minister celebrated the 800th anniversary of Magna Carta by announcing his intention to repeal the Human Rights Act 1998. The Attorney General will no doubt be aware that the European convention on human rights is enshrined in UK law through the Human Rights Act and, in Scotland, through the Scotland Act 1998. What assessment has he made of the implications of the repeal, particularly for the relationship and interactions between Scots law and the legal system of England and Wales?
It is important to draw the distinction between the Human Rights Act and human rights. We are not in favour of the first; we are very much in favour of the second. As for the devolution consequences of any action we may take, the hon. Gentleman will have to be patient and see what proposals my right hon. Friend the Lord Chancellor brings forward. I can assure him, however, that whatever they are, we will engage in proper consultation with the devolved Administrations.
Are there any fundamental principles, as opposed to details and modernity, which conflict between Magna Carta and the Human Rights Act?
The hon. Lady will recognise that Magna Carta was far from a perfect expression of human rights. That is why I say that things have moved on in the past 800 years, and we should welcome that. On the European convention on human rights, the Government have been very clear. We have no quarrel with the wording of the convention; our quarrel is with the way in which it has been interpreted by the European Court of Human Rights in Strasbourg. That is the problem we seek to address.
Vulnerable Victims and Witnesses
8. What recent discussions he has had with the Director of Public Prosecutions on dealing with vulnerable victims and witnesses. (900705)
I discuss regularly with the Director of Public of Prosecutions support for vulnerable victims, including measures that the CPS can adopt or apply for in the trial process, and ongoing work between the CPS, the police and the voluntary sector.
I declare an interest as a barrister and a former DPP. Does the Attorney General agree that the time has come for a comprehensive victims’ law, giving enforceable rights from the beginning of the process to the end of the process? If so, will he assure the House that there will be an early consultation on this important issue?
In welcoming the hon. and learned Gentleman to his place, I think he must win the prize for the most impressive declaration of interest so far this morning. He comes at the issue from a uniquely knowledgeable perspective and we are grateful to have him here.
Whether or not the rights of victims are expressed in legislation, there is no doubt that we have more to do to make sure that they are properly supported and informed about the processes of which they are a crucial part. The hon. and learned Gentleman did a huge amount of good work as the Director of Public Prosecutions to assist that process, and, as he knows, there is a good deal more to be done. One of the areas we must look at, straightforwardly, is the opportunity for prosecuting lawyers to speak to victims and witnesses before and after hearings to make sure that they are clear about what is going to happen and what has happened. I think that would be a huge step forward and we will undoubtedly wish to consult the hon. and learned Gentleman and others about what else can be done.
11. I have no legal qualifications whatsoever.Two years ago, a 13-year-old girl was subjected to three weeks of intimidatory and vicious cross-examination by a team of seven barristers—a process that she described as worse than the initial crime. Will the Attorney General update the House on what he is doing to stop such incidents being repeated? (900708)
On my hon. Friend’s declaration of interest, I would simply say that nobody is perfect.
My hon. Friend raises a very serious point. There is no doubt that there have been bad examples of cross-examination in criminal trials. Let us be clear: intimidatory cross-examination is never appropriate. Defence counsel is entitled to put its case to prosecution witnesses, but it should never do so in an intimidatory way. Judges should intervene if that happens, and they now have the power to set ground rules before cross-examination takes place, which is a step forward. As my hon. Friend will be aware, we are in the process of making another huge improvement, namely the piloting of pre-recorded cross-examination for young and vulnerable witnesses, which is much better for many of them. We shall look carefully at the results of those pilots, and if they are what we hope, I am sure that my right hon. Friend the Lord Chancellor will wish to introduce the process more widely.
I thank the Attorney General for calling me last weekend to brief me on the DPP’s decision to bring criminal proceedings against Greville Janner following the review by David Perry QC. Of course, we on this side of the House welcome that decision. It allows complainants to see the allegations aired before a jury and shows that the Crown Prosecution Service’s victims’ right to review scheme, which was implemented by the former DPP, my hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer), is working as intended. I now hope that the future focus will be on ensuring that historical sex abuse cases are properly funded, so will the Attorney General give a commitment to the £50 million of extra funding that the current DPP says she desperately needs to prosecute such cases?
I am grateful to the hon. Gentleman for his opening remarks, but I shall start with his last point. On the upcoming spending round, he will understand that my hon. and learned Friend the Solicitor General and I will do our very best to make sure that the CPS receives the funding it needs. We should pay tribute to the way in which the CPS has made necessary savings and still maintained a good service on the front line.
On the hon. Gentleman’s first point, he knows that it would be wholly wrong for me to say anything at all about the individual case of the noble Lord Janner. In any event, it would not be right for me to do so because, as the hon. Gentleman knows, the protocols for Law Officers are clear: we are not engaged in the detail of any potential prosecution against a parliamentarian.
Let me say this as a more general point: it is vital that our system has independent prosecutors—prosecutors who are independent of us as politicians—who make these difficult judgments. We should stand behind them when they do so, and the victims’ right to review, which the hon. and learned Member for Holborn and St Pancras introduced during his time as DPP, is a positive step to enable victims to challenge those decisions and, where appropriate, for those decisions to be changed. It seems to me that that system worked as it was designed to work in this case.
Order. Owing to an administrative error, the numbering of the questions to the Minister for Women and Equalities continues from the questions to the Attorney General, so we begin with Question 14.