Cases: Media Comment
(Ashfield) (Con)
What steps he has taken to help ensure that court cases are not
prejudiced by inappropriate (a) reporting by the media and (b)
comment by the public.
Mr Speaker
The question has been withdrawn, but I will ask the Attorney
General to provide an answer, then I will call to ask his
supplementary.
The Attorney General ()
In order to avoid prejudice to criminal proceedings, I may issue
what is called a media advisory notice in order to inform and
ensure responsible media coverage. I have launched a campaign
called #thinkbeforeyoupost to promote awareness of the risks of
ill-judged social media posts. It is critical that the evidence
is tested before a jury—any evidence should be tested before a
jury—in a court of law and not in the court of public opinion.
(East
Lothian) (Alba)
In a recent Scottish case, a High Court judge suggested that
offences by a blogger were to be dealt with differently from
similar breaches by mainstream media. Given that most, if not
all, of the recent serious breaches have been carried out by the
mainstream media, and given moreover that the press and media are
evolutionary, with many of the current mainstream media once
themselves having been radical outsiders supporting, for example,
universal franchise, does the Attorney General agree that while
bloggers rightly require to be held to account, they are equally
entitled to the protections that apply to the rest of the
mainstream media?
The Attorney General
Everyone is equal under the law. In general, the media are
responsible and are very much aware of reporting restrictions,
the limitations on reporting of active proceedings, and what
reporting might amount to a contempt of court. As I said, I do
issue and have issued media advisory notices where that is not
happening and in exceptional cases. The hon. Gentleman’s point
about bloggers and others on social media is a live one. It is
right that everyone is aware that whether they have training or
not, they are responsible under the law for what they post.
Interfering in, prejudicing or undermining court proceedings is a
serious matter and can be visited with a sentence of up to two
years’ imprisonment.
Royal Albert Hall: Charity Tribunal
(Washington and Sunderland West) (Lab)
If he will make it his policy to support the Charity Commission’s
request to refer the Royal Albert Hall to the charity tribunal.
The Attorney General ()
The disagreement between the Charity Commission and the Royal
Albert Hall is long-running and raises complex issues of charity
law. The parties have been asked to try to resolve these issues
without recourse to potentially costly litigation. That process
is ongoing. My officials are continuing to engage with the
parties to assist them in working through the contentious matters
raised by this case.
Mrs Hodgson [V]
A face-value ticket for an Eric Clapton concert in May next year
at the Royal Albert Hall costs £175, yet tickets are on sale on
Viagogo at a 577% mark-up, at £1,185 per ticket. The seats in
question are owned by a party related to a vice-president of the
corporation. The Attorney General wrote to me last week to say
that he wishes to
“move this matter towards a satisfactory resolution as swiftly as
possible.”
Will he therefore take immediate action on this serious and clear
conflict of interest at a British institution and permit the
Charity Commission to take this to a tribunal?
Mr Speaker
Eric Clapton is a rock star, just to help the Attorney General!
The Attorney General
I am grateful for that elucidation, Mr Speaker. The Royal Albert
Hall and the Charity Commission have been working to try to
resolve the matter that the hon. Lady refers to without recourse
to litigation, and I am awaiting the outcome of that process. I
have instructed my officials to continue to engage with the
parties that the hon. Lady refers to, to assist them in working
through the complex issues raised by this case. I will say,
however, that no decision has been taken on whether to consent to
the referral to the Charity Commission. I will approach the
matter as a neutral umpire, commensurate with my role as Attorney
General and as parens patriae.
Criminal Justice System Recovery: Covid-19
(Clwyd South) (Con)
What steps his Department is taking to support the recovery of
the criminal justice system as covid-19 restrictions are eased.
(Eastbourne) (Con)
What steps his Department is taking to support the recovery of
the criminal justice system as covid-19 restrictions are eased.
The Attorney General ()
I frequently meet criminal justice partners to discuss this
important issue. The covid-19 outbreak has been felt keenly by
the criminal justice system. Recovery is a priority for this
Government. I have been proud of the resilience that criminal
justice agencies have shown. There is still more to do, but both
the CPS and the Serious Fraud Office have been commended for
their efforts at this difficult time. I thank them for continuing
to support the delivery of justice.
I thank the police, Wrexham and Denbighshire councils and other
authorities in Clwyd South, who have done a great job during the
difficult days of the pandemic. How can my right hon. and learned
Friend reassure my constituents of efforts to continue to deliver
justice in Clwyd South, despite the pandemic?
The Attorney General
I thank my hon. Friend for his generous question. I am proud that
all criminal justice agencies have worked closely together since
the covid-19 outbreak to ensure that essential justice services
continue to be delivered. The CPS and the court service in north
Wales have worked closely together throughout the pandemic to
ensure that courts can be run safely and to maximise the flow of
cases, while preserving public health. For example, domestic
abuse cases in particular have been prioritised in the
magistrates courts, so there are no delays or backlogs for those
sensitive cases, where victims deserve our protection and
support, but that goes in Clwyd South and it goes everywhere.
I thank my right hon. and learned Friend for his answer. In
Sussex, we have a backlog of over 800 Crown court cases—one case
is now approaching four years without coming to court—and a
rising drop-out rate. The Nightingale court in Chichester is
making a real difference, but we still need greater capacity and
pace. Can he assure me that every avenue is being pursued to
address this backlog, so that we can ensure justice for victims
in Eastbourne and in Sussex?
The Attorney General
Yes, indeed. CPS South East in her region is working with all
criminal justice partners to support the recovery activity within
Sussex, including to ensure court capacity can be maximised and
file quality improved—of course, the better the file quality, the
speedier proceedings can follow. The latest levels of cases that
I have seen flowing through the courts indicate that in recent
weeks at least, outstanding case load in the Crown court has
begun to reduce. However, there is still more to be done, and I
should say at this point that there is no limit on the number of
days that Crown courts can sit for the next fiscal year. That
will enable Crown court judges to hold as many hearings as they
safely can and as is physically possible, as we continue to
recover from the pandemic.
(Lewisham West and Penge) (Lab)
As we come out of the pandemic, to restore confidence in the
criminal justice system, the public need to know that the law
will apply equally to everyone, irrespective of rank, job or
title. It is clear from the footage of the former Health
Secretary and his aide that the law on indoor gatherings was
breached. This very same law prevented Her Majesty the Queen from
sitting with her family at the funeral of her husband, the Duke
of Edinburgh. Does the Attorney General agree that by failing to
investigate the former Health Secretary’s breach, this Government
are sending the message that there is one rule for Government
Ministers and their advisers, and another for everyone else?
The Attorney General
The hon. Lady will know that we do not discuss individual cases,
putative or otherwise. The reality of the matter is that, as she
will recognise, everyone is equal under the law in our system.
That has always been the case and remains the case. We have an
extremely pressing CPS case load, and a court system that is
working very hard to bring justice to all, and that includes
victims of serious crime, so I do not recognise the problem she
raises. We have a system in this country in which everyone is
treated equally, and it is a matter entirely for the independent
authorities to investigate each and every case as they see fit,
not for Government Ministers.
(Lanark and
Hamilton East) (SNP)
With a record 60,000 cases in the backlog of Crown court cases,
past UK Government austerity is closing legal aid centres and now
covid is impacting significantly on access to justice. Does the
Attorney General agree that the justice system is vital to
keeping cases moving through the justice system, and what does he
plan to do to ensure that access to legal aid is available for
everyone across the UK?
The Attorney General
The hon. Member is right to raise this point. Of course, access
to legal aid is very important in the administration of justice,
and this Government have maintained funding for that purpose. She
is also right to focus on the impact of the pandemic on the
system. As I have already indicated, financial matters are being
dealt with very generously by the Treasury and the Ministry of
Justice. This Government have spent over a quarter of a billion
pounds on recovery, as she may know, that has helped to make
court buildings safe, including by rolling out new technology for
virtual hearings, which of course is less expensive and less
time-consuming. There is recruitment of additional staff, and
there are Nightingale courts. Whether it be at one end of the
criminal justice system or the other, this Government are funding
the process so as to ensure speedy, safe and equal justice for
all.
(Bromley and Chislehurst) (Con)
The Attorney General rightly referred to the work of the various
justice agencies in this regard. The Director of Public
Prosecutions gave powerful evidence to the Justice Committee on
15 June about the pressures that the backlog places on the Crown
Prosecution Service. Every case that goes to court has to be
worked on by CPS staff, and he is concerned that there is a real
risk, in his word, of “fatigue” with case levels running at 50%
above pre-covid levels. Can we make sure we have a whole-system
approach of sustained investment in the Crown Prosecution Service
and the rest of the prosecution service so that staff can cope
with the demands of getting back on track and having cases
brought forward timeously?
The Attorney General
I thank my learned friend for his question, and he is right to
make this point about the wellbeing of staff in the criminal
justice system and, having had Max Hill before his Committee, in
the CPS in particular. My hon. Friend will know that Her
Majesty’s Crown Prosecution Service Inspectorate’s reports have
praised the Crown Prosecution Service and its focus on the
wellbeing of staff during this period, because they have
continued to deliver essential public service. In spite of the
pandemic, staff have continued to attend courts, where necessary,
to enable them to fulfil their public duty. I should say that the
evidence his Committee has heard is correct: the total live CPS
post-charge case load is 51% higher than pre-covid, which equates
to 52,000 additional cases. In the magistrates court, there is an
estimated increase of 3,800 cases that will require a trial
listing, and there is an increase of 11,700—70%—in the Crown
courts. So he is right to think about the wellbeing of staff and
the fatigue that they are naturally enduring during this time.
(Ealing, Southall) (Lab) [V]
Many of my constituents who are small business owners and
self-employed are struggling with unpaid invoices and bills for
work and services provided, and are threatened with losing their
homes. They are not eligible for national support schemes and
need to rely on courts to recover their lost money. What will the
Minister do to help them get justice as quickly as possible?
The Attorney General
The Government are very conscious of the pressure that businesses
of all sizes—small, medium and large—have been put under by the
pandemic. The hon. Gentleman is right to focus on small
businesses, because losses occasioned by the pandemic and its
exigencies put considerable pressure on small businesses in
particular. Where they have to recover debts owed to them through
the courts, the courts will process those matters, but there are
prioritisations within the system. The hon. Gentleman can be
assured that, to my knowledge, the Ministry of Justice is working
hard to support the court process, so that all matters can be
dealt with as expeditiously as possible.
Serious Fraud Office: Economic Crime
(Thirsk and Malton) (Con)
What recent assessment he has made of the Serious Fraud Office’s
effectiveness in prosecuting serious economic crime.
The Solicitor General ()
I recognise the significant work that my hon. Friend has done to
protect victims in this area, both as a constituency MP and in
his role on the all-party groups on fair business banking and for
whistleblowing. In the past 12 months the Serious Fraud Office
had brought a number of individuals and corporations to justice,
including successful prosecutions in its Unaoil case, uncovering
$17 million in bribes. A conviction against GPT resulted in £30
million of confiscations, fines and costs, and deferred
prosecution agreements with G4S and Airline Services Limited have
resulted in more than £47 million in penalties and costs.
I thank my right hon. and learned Friend for her answer. The GPT
case she refers to was one of the SFO’s rare successes in court
in a proven case of corruption. I think there were £28 million of
penalties, although it may be £30 million, as she said, including
costs. My constituent, Ian Foxley, was a key whistleblower in
that case, but he has been completely hung out to dry by the SFO,
and has had 10 years without any financial compensation—10 years
of lost income. What effect does the Minister think that will
have on future whistleblowers, and the likelihood that they will
come forward with key evidence? Will she meet me and my
constituent to discuss the matter and see what can be done?
The Solicitor General
I reassure my hon. Friend that the SFO recognises the importance
of whistleblowers to its work, and if appropriate I would be
happy to meet him to discuss the case and perhaps the issue more
broadly. In that particular case the judge concluded that it was
not suitable to make a compensation order, and that is why the
SFO concluded that it would not be appropriate to put Mr Foxley’s
victim impact statement before the court. I hope to discuss those
issues more fully with my hon. Friend.
End-to-End Rape Review
(Bristol East) (Lab)
What steps he is taking to implement the end-to-end rape review's
recommendations for the CPS.
The Attorney General ()
I recognise the need to restore the faith of victims of these
horrific cases. The recently published rape review outlines the
Government’s ambition to ensure that justice is served and more
cases progress through the system. The CPS is fully committed to
delivering actions under the rape review, and those will result
in improved joint working between police and prosecutors, to
build stronger cases earlier and with less intrusion into
victims’ private lives.
[V]
The review includes setting the CPS targets of getting rape
prosecutions up to 2016 levels. Labour has said that the
Government should return to those levels by next year, not by the
end of the next Parliament—something the Lord Chancellor said was
“constitutionally illiterate.” Will the Attorney General confirm
whether the Government intend to stick to those targets, or have
they already U-turned on that?
The Attorney General
The matter to which the hon. Lady refers is for the Ministry of
Justice, but she is right to raise it because cases involving
rape and serious sexual offences are some of the most challenging
and complicated cases—I emphasise that—with which the CPS deals.
That is why only prosecutors with specialist training manage
these incredibly sensitive, time-consuming and complex cases.
The CPS is committed to ensuring that specialist prosecutors are
equipped to deal with the complexities and sensitivities of those
types of case.
For example, in May, the CPS published revised rape legal
guidance, following public consultation, including new content on
challenging rape myths and stereotypes, and a trauma-informed
approach. The reason I raise that is that speed is important,
yes, but it is also right that the complexities and sensitivities
of those cases are handled by highly trained and professional CPS
lawyers. That is what is happening.
(Lewisham West and Penge) (Lab)
The Government’s end-to-end rape review has been a missed
opportunity to address the systemic failures in our criminal
justice system. In the Attorney General’s own words, rape victims
“are being failed” by this Government. After a two-year wait, the
review offers only piecemeal pilots, tinkering around the edges
and next to no new funding. When the dire rape conviction
statistics were raised with the Prime Minister last week in the
House, he dismissed that as “jabber”—a disgraceful response. Will
the Attorney General apologise on behalf of the Prime Minister?
The Attorney General
The hon. Lady is mischaracterising what was said last week. The
cross-Government rape review was published on 18 June. It has
produced key actions: an initial ambition to return volumes of
cases progressing through the system to pre-2016 levels by the
end of this Parliament; an ambition to ensure that no victim is
left without access to a mobile phone for more than 24 hours; the
launching of pathfinder projects to test innovative ways for the
police and the CPS to approach rape cases—so much has been
included in the rape review.
I very much accept, as I said in the rape review’s opening
paragraphs, that a great deal needs to be done and that we are
not happy with where the process has been. A great deal of work
is going into that, however, and increased support for victims
throughout the criminal justice system is important. That is
happening, including through increased provisions, for example,
with ISVAs—independent sexual violence advisers.
