The Attorney General was asked—
Violence Against Women and Girls: Prosecution Rates
Tackling violence against women and girls is a priority for the Government. I recently visited CPS Thames and Chiltern to hear specifically about the work it is doing to combat stalking. I also heard how the domestic abuse joint justice plan will transform how we investigate this all-too-frequent crime.
Data from the Crown Prosecution Service shows that despite an increase in the number of referrals from the police for domestic abuse, both charging rates and prosecutions have decreased in the last quarter. In Bath, the Southside project, Voices, and Somerset and Avon Rape and Sexual Abuse Support all support those affected by domestic abuse and sexual violence, but we cannot rely on charities to do the heavy lifting. Does the Attorney General agree that if we want the public to have confidence in the system, increased reporting should lead to increased numbers of prosecutions?
Yes. It is always difficult to talk with pleasure about increased numbers of prosecutions, because all the survivors of those acts have gone through a horrible event for a prosecution to take place, but I agree with the hon. Lady that it is generally a good sign that prosecution numbers are going up. I am pleased to say that they are going up in her area for adult rape cases. There is more to do on domestic abuse cases, which is why we are focusing specifically on the domestic abuse joint justice plan. The work of the charities in her region, which I should say are funded by but independent of Government—that is what survivors prefer—will really help us to ensure that those survivors get justice.
The Attorney General will know that the Online Safety Act 2023 was given Royal Assent at the end of last year and that, in that Act, there are various bits of legislation to protect women and girls in relation to cyber-flashing, deepfakes and revenge porn. Will she set out for the House how many prosecutions have taken place under that new, important piece of legislation that is trying to protect more women and girls from those other forms of violence?
I am afraid that I do not have to hand specific figures for the hon. Gentleman’s constituency under that Act, but I am happy to get them for him. We are confident that it will be possible to bring prosecutions under the Act. These are important and distressing but relatively new crimes, and it is important that we continue to work with the police and the CPS to prosecute novel areas of criminal activity. It is really difficult for survivors of these crimes to deal with them.
I call the Chair of the Justice Committee.
The Attorney General rightly refers to the work done in relation to domestic violence. The most serious offences of violence against women and girls are rape and serious sexual offences. As she will know, there are concerns that once victims have come forward, there are delays in their cases being heard, largely because of the difficulty in getting suitably experienced barristers to prosecute them. Does she accept that one of the main drivers of that is the fact that legal aid fees were increased for defence barristers, but prosecution fees have lagged behind? There is a gap of around £500 in the brief fee between prosecuting and defending. Does she agree that we must plug that gap urgently, to get suitable counsel prosecuting as well as defending those cases?
The Chair of the Select Committee is tempting me to step on the firm territory of the Lord Chancellor, as he well knows. He also knows, because he and I have discussed this many times, that the Lord Chancellor and I speak several times a week about our concerns about the shortage of counsel in the criminal sphere in particular. However, I would say gently to my hon. and learned Friend that I do not think money is the only reason why it is not always attractive to prosecute RASSO case after RASSO case. They are draining cases to be involved in, and they are listed very tightly at the moment because of the pandemic backlogs, as he mentioned. That leads to tensions with listings and with the judiciary, which can make it very difficult to do this area of work relentlessly. I have nothing but praise for the barristers who are engaged in it.
Crown Prosecution Service and Police Services: Joint Working
Close and collaborative work across the criminal justice system is key to securing justice for victims, holding offenders to account and keeping the public safe. The police and the CPS have invested heavily in new ways of working, including through the national operating model for rape prosecutions, with the result that the police and the CPS work more closely together at an earlier stage in prosecutions.
During a recent visit to Greater Manchester police’s divisional headquarters in Stockport I heard that there can be significant delays between sending a case to the CPS and receiving a charging decision back. To solve that, it was suggested that having CPS staff based inside the station would speed up the process and improve communication. What consideration has my hon. and learned Friend given to a CPS presence in police stations, and will he work with me and Stockport division to facilitate a trial?
I thank my hon. Friend for raising this extremely pertinent point. She is right to emphasise the importance of early co-operation between the police and the CPS. At a visit last month to Charing Cross police station I considered precisely that point. There is a buddy system there, with CPS lawyers working with police officers, which is improving case file quality. We are actively exploring how to ensure closer early working with the CPS and the police, and I will look at Stockport with her.
The United Kingdom Government are going above and beyond to ensure that British arms are readily available in Israel’s arsenal to bomb Gaza. The Attorney General is refusing to give out the legal advice, based on the long- standing Law Officers’ convention, yet the circumstances for up to 1.6 million people are now between life and death. What steps is she taking to ensure that Britain is not complicit in the destruction of a nation and its people?
I can assure the hon. Gentleman that the Attorney General keeps all these matters under close review, and will ensure that any legal advice is properly obtained and acted upon.
Royal Albert Hall: Governance
The Royal Albert Hall is one of our most important cultural institutions. There are long-standing differences between the trustees of the Hall and the charity commissioners over governance matters. I really hope that the parties will work together to resolve their differences without expensive litigation and I stand absolutely ready to facilitate those discussions.
The Attorney General, in her—I must say excellent—recent letter on the matter, expressed her “disappointment” that the Royal Albert Hall Bill “is not more ambitious” and
“that the constitution of the Corporation of the Hall of Arts and Sciences gives rise to a potential conflict between the private interests of seat-holding trustees and the Corporation’s charitable objects.”
I totally agree. She has said that she will look at this issue but, unlike her predecessors, will she please also consider, if she needs to, referring the matter to the charity tribunal, so it can be settled once and for all? Tickets to attend one of our country’s most famous and treasured venues should not be turning up on notorious ticketing websites like Viagogo, and those who are receiving ill-gotten gains should not be running the charity.
The hon. Lady takes a very close interest in these matters and is, I believe, the chair of the all-party parliamentary group on ticket abuse. I really commend her for her work in this important area. Many of us who are great supporters of the Albert Hall are concerned by ticket costs. I am hopeful, as I said, that the two parties can continue to work together. I want to avoid expensive litigation if that can be done. A previous Attorney General was asked permission to refer the matter to the first-tier tribunal. I have not been asked by the Charity Commission to do so. I am very hopeful that this matter can be resolved amicably and I am very happy to remain involved if that is helpful.
Women and Children's Safety Online
The CPS takes the issue of keeping women and children safe online extremely seriously. I am pleased to report that the CPS has delivered the first conviction for cyber-flashing within weeks of the new offence becoming law. This is an important milestone for protecting women and girls online, and demonstrates how the Government have worked to put perpetrators behind bars.
I thank my hon. and learned Friend for that answer. In addition to the good work he is doing to help prevent online bullying, trolling and abuse, keeping safe online includes helping to prevent fraud. Will he detail how the Government, through the online fraud charter, are ensuring that tech companies help women and children?
My hon. Friend is quite right to draw attention to the online fraud charter—a world first—which sits under the Online Safety Act 2023. Twelve of the biggest tech companies are working together to reduce fraud on their platforms. The signatories are agreeing to undertake certain measures within six months, such as blocking, reporting and take-downs, to ensure that the vulnerable—such as children being exploited as money mules—are protected online.
Crimes While Protesting: Prosecutions
Non-threatening peaceful protest is fundamental, but those rights are not absolute and they must be balanced with the rights and freedom of others. The CPS works closely with the police to ensure that those who commit offences during protests are brought to justice and our streets are kept safe. Indeed, just last month the CPS successfully prosecuted a protester under the Terrorism Act 2000 after he wore a Hamas headband to a pro-Palestine rally.
The Minister rightly points out that there is a clear balance between democratic peaceful protest and the tactics used by the likes of Just Stop Oil to disrupt society. We have seen mass protests, mostly peaceful, on the London streets, but we did see damage, such as that to the Ministry of Defence, which is completely unacceptable. How do the new laws that we have passed in Parliament aid the prosecution of those who are not interested in peaceful protest?
I thank my hon. Friend for raising this extremely pertinent and concerning point. The police already have a full suite of powers under section 4A of the Public Order Act 1986—as well as some relating to criminal damage, the offence to which he referred. To ensure that they act, the Government have, however, reinforced those powers under the Public Order Act 2023. The Crown Prosecution Service is working closely with the police in, for instance, providing round-the-clock charging advice nationally. My hon. Friend is right: it is unacceptable that those who are taking part in legitimate democratic processes commit criminal damage, and it is also utterly unacceptable that, for example, Jewish people feel threatened. The Government expect the full powers available to the police to be used so that offenders can be prosecuted.
International Humanitarian Law: Israel-Palestine Conflict
As all Members know, the Law Officers’ convention means that I cannot disclose outside Government whether or not I have provided advice, or the specifics of such advice, but it is no secret that we continue to call for international humanitarian law to be respected and for civilians to be protected.
It is more than three months since the International Court of Justice issued its interim ruling on the Gaza conflict and set out steps that Israel must take in order to protect civilian life. The Netanyahu Government have, as yet, failed to comply with that ruling, but our Government have still not come out publicly and urged them to do so. Will the Attorney General take the opportunity today to call on Israel to take the steps ordered by the Court?
This Government firmly respect the role and the independence of the ICJ. Its ruling, or order, called for the immediate release of the hostages and referred to the need to get more aid into Gaza, and that is exactly what the Government are also calling for.
The ICJ ruling also declared that there was a “plausible right” to be protected from genocide, and following the urgent question to the Deputy Foreign Secretary on Tuesday I cited United Nations international law relating to that. When there are concerns about a potential genocide taking place, those are the circumstances in which the sale of arms should be withdrawn. Can the Attorney General tell me, and my constituents—as this is a massive issue for thousands of people across the country—exactly when the Government will come out and recognise both international law and the risks that we take in breaching it?
This Government believe very firmly in international law. On 9 April, the Foreign Secretary announced that our position on export licences was unchanged. We publish data on our export licensing decisions transparently and on a quarterly basis.
I call the shadow Attorney General.
We have heard questions about the International Court of Justice, but I want ask some questions about the International Criminal Court. Its chief prosecutor said last week that
“all attempts to impede, intimidate, or improperly influence”
the Court over its investigations of war crimes in Gaza must “cease immediately”.
He was forced to issue that demand after a letter signed by 12 United States senators warned the ICC:
“Target Israel and we will target you.”
That letter threatened sanctions not just against the ICC’s officials, but against its employees, associates and families.
Will the Attorney General join me in condemning those Republican senators for their outrageous actions? Will she also join the chief prosecutor in agreeing that anyone who threatens the ICC simply for doing its job is undermining the very impartiality and independence on which its international mandate depends?
I thought that the ICC’s statement was worthy of note, and I am grateful to the right hon. Lady for bringing it to the House’s attention. In his statement, the independent prosecutor was also keen to point out that he welcomed active engagement by Governments and other parties on the work in which he is clearly engaged around the world to ensure that international humanitarian law is respected and war crimes are not committed. He is a British prosecutor, and we in this Government are proud to work with him; we have been very proud to support him in his work in Ukraine, for example. There are ongoing investigations of what is going on in Israel and Gaza by more than one international court at present, and I think it is difficult to speculate on specific outcomes.
I call the SNP spokesperson.
The Attorney General will be aware of the Government’s grounds of defence in the ongoing case of Al-Haq v. the Secretary of State for Business and Trade, in which the FCDO lawyers admitted that the
“inability to come to a clear assessment on Israel’s record of compliance”
with international humanitarian law “poses significant policy risks”. What is the Attorney General’s assessment of that submission? Given the FCDO’s concerns about Israel’s compliance with IHL, what has she said to her Cabinet colleagues who are worried that the issuing of arms export licences could make the UK Government complicit in breaches of international humanitarian law and the arms trade treaty?
As the hon. Gentleman knows, I cannot give my specific legal advice. I cannot share that with the House—it is for the Government alone—but I can say that the Foreign Secretary has reviewed the most recent advice from the IHL cell. That has informed his decision that there is not a clear risk that the items exported from the UK might be used to commit or facilitate a serious violation of IHL. It leaves our position on export licences unchanged, but that position is kept under review.
Fraud and Economic Crime
Last year, the Government published a new fraud strategy to combat fraud and economic crime, and the Corporate Transparency Act 2023 received Royal Assent. Last month, the Serious Fraud Office published its strategy for the next five years, which is focused on tech, intelligence gathering and enforcement. In fact, I am pleased to report to the House that on Friday the SFO secured the conviction of former investment manager David Kennedy for his part in a £100 million investment fraud, in which hundreds of people lost their savings.
Fraud is prevalent. In fact, it accounts for a third of all crimes committed in this country, and increasingly we are seeing online scams. Vulnerable people often get caught up in phishing schemes. Will the Government consider setting up an online crimes agency to clamp down specifically on online crimes, which will become more prevalent with the use of artificial intelligence?
The hon. Member is absolutely right. This is a particularly pernicious crime. It often targets the vulnerable and, sadly, in an interconnected and digital world, it is likely to increase. We will look very closely at all such matters. A number of joint strategies are shared between agencies in any event, but I am certainly very happy to look at her suggestion.
I call the shadow Minister.
There were 36 failed personal protective equipment contracts during the pandemic, costing over £1 billion, but only one company, PPE Medpro, has been named. If the Government are serious about tackling fraud, why are they refusing to disclose the details of the other companies? How exactly were those contracts awarded, and can the Solicitor General update the House on how many prosecutions are pending?
The hon. Member quite rightly raises a matter of particular concern to him, and indeed to the whole House. His Majesty’s Revenue and Customs remains committed to covid-19 scheme compliance, and will continue to prioritise the most serious cases of abuse. Specifically on prevention and recoveries, up to 30 September 2023, HMRC had prevented the payment, or recovered the overpayment, of over £1.6 billion-worth of grants, made up of £430 million that was prevented from being paid out and over £1.2 billion that was recovered from overpayments. By 30 September 2023, HMRC had opened 51 criminal investigations into suspected fraud within the schemes, and made a total of 80 arrests.