Attorney General The Attorney General was asked— Spending Review
2021: Law Officers’ Departments Scott Benton 1. What assessment she
has made of the implications of the Spending Review 2021 for the
Law Officers’ departments. (904910) The Attorney General Happy new
year, Mr Speaker. May I begin by congratulating the right hon.
Member for Islington South and Finsbury (Emily Thornberry) on her
new role? She is familiar with the position of shadow...Request free trial
Attorney
General
The Attorney General was asked—
Spending Review 2021: Law Officers’ Departments
1. What assessment she has made of the implications of the
Spending Review 2021 for the Law Officers’ departments.
(904910)
The Attorney General
Happy new year, Mr Speaker. May I begin by congratulating the
right hon. Member for Islington South and Finsbury () on her new role? She is
familiar with the position of shadow Attorney General. I look
forward to working with her in the future. The Government
committed to improving performance across the criminal justice
system in the spending review. For example, funding for the Crown
Prosecution Service will increase by more than £80 million a year
by 2025, which will be used to drive improvements in the
prosecution of rape cases and to help to tackle the court
backlog.
I thank my right hon. and learned Friend for her answer. What
assessment has she made of the way in which that funding will
support the police uplift programme, which will in turn help to
deliver safer streets in towns such as Blackpool?
The Attorney General
The Government will not rest until we have improved public
safety. The recruitment of 20,000 new police officers will cut
crime and get criminals off our streets. My hon. Friend will be
pleased to know that there are more than 300 new police officers
in Lancashire, his own region, all working to keep our community
safe. Of course, the success of those extra police officers will
depend on corresponding increases throughout our criminal justice
system, so that we have enough resources to deal with the
increased workload created. That is why I am pleased that the CPS
has recruited more than 300 more prosecutors since 2019, thanks
to the Government’s funding.
Mr Speaker
May I welcome the shadow Attorney General, ?
Thank you very much, Mr Speaker, and happy new year. It remains
to be seen whether the funding allocated is sufficient to tackle
the record backlog in court cases facing our country, but may I
ask a specific question about one particular aspect of the
backlog? This week, magistrates across the country will resume
hearing the backlog of cases relating to breaches of covid
restrictions over the last two years. Whatever we may think of
that process, we know that those magistrates will be put in an
impossible position if the laws that the Government are asking
them to enforce are not applied equally to individuals working
for the Government themselves. Will the Attorney General
guarantee that, if concludes that covid restrictions were broken by
individuals in Downing Street, there will be no barrier to those
individuals facing the same legal consequences as everybody
else?
The Attorney General
The right hon. Lady makes it clear that she is more interested in
scoring political points, frankly, than dealing with the court
backlog. When it comes to the primary issue of the court backlog,
I am very pleased to see that in the magistrates courts, where,
let us be clear, the vast majority of criminal matters are dealt
with, we are now seeing a fall in caseloads, going back to
pre-pandemic levels. On the question that she actually asked, the
process is being led appropriately by . That is the right response. Of course, all
recommendations made by that independent process will be
considered in the right way.
Strength of the Union
2. What recent steps her Department has taken to help strengthen
the Union.(904912)
The Attorney General
As the Attorney General for England and Wales, I have the Union
at the heart of my work. I am pleased that, for example, CPS
Wales performs very well: a recent inspectorate report concluded
that the Wales CPS area has the highest magistrates court
conviction rate across England and Wales. I take this opportunity
to thank all our prosecutors based in Wales for their excellent
work.
Over the past 18 months, my inbox has been full of people who are
frustrated and confused by the differences between the England
and Wales covid rules, my constituency being close to the border.
As part of the devolution settlement, under the Wales Acts, there
is provision for devolution to be suspended temporarily during
times of national crisis in order for decisions to be made by
Westminster for the whole of the United Kingdom. Will the
Attorney General confirm whether she gave any advice to the
Government along those lines? If not, what would a national
crisis that would trigger such a clause be?
The Attorney General
We must respect the arrangements set out in each of the
devolution settlements, but I agree with one aspect of the hon.
Gentleman’s question, which is that sometimes the rules of other
Administrations can be confusing. This week, for example, under
Welsh Government guidance it is okay to go to the pub, but not to
the office. The vaccine roll-out and the immense financial
support provided by the UK Government are two outstanding
examples of what can be achieved when we work together as one
United Kingdom, co-operating for the good of the Union.
A happy new year to you, Mr Speaker. A key aspect of the Union of
which the right hon. and learned Lady is so fond is Scotland’s
separate and distinct legal system. Does she agree that any
actions taken by the UK Government on legal human rights remedies
must continue to respect that, and that any attempt by
Westminster to alter those protections against the will of the
devolved Administrations would be contrary to the devolution
settlement and yet another example of this Tory Government
helping—thanks very much—rather than hindering the cause of
Scottish independence?
The Attorney General
The Law Officers are always concerned about any legislation
promoted by the Scottish Parliament and Government that falls
outside legislative competence. That is why I was pleased that
the Supreme Court agreed with the Government earlier this year on
the Bills proposed by the Scottish Government on the UN
convention on the rights of the child and on local
self-government. Ultimately, we are a United Kingdom. The people
of Scotland have voted to remain as part of that United Kingdom,
and I only wish that the hon. Lady and her party would respect
that will of the people.
Violence against Women and Girls/Hate Crimes: Successful
Prosecutions
5. What steps she has taken to increase the number of successful
prosecutions relating to (a) violence against women and girls and
(b) hate crimes. [R](904918)
The Attorney General
This Government take tackling domestic abuse and hate crime
extremely seriously, as shown by the introduction of the landmark
Domestic Abuse Act 2021 and our commitment to publishing a new
hate crime strategy later this year. The CPS is working hard to
deliver justice and to protect the public, and it has recently
published an ambitious 12-month domestic abuse programme to help
narrow the disparity between reporting and criminal justice
outcomes.
Clearly not that seriously, certainly in Warwickshire; according
to the CPS data, Warwickshire has the lowest conviction rate—47%
conviction against prosecution—at 1.3%. Dame , the Victims’ Commissioner,
criticised that as the “effective decriminalisation of rape”. She
is right, is she not?
The Attorney General
No, she is not right. We understand, of course, that we need to
do better when it comes to charging rape and to RASSO—rape and
serious sexual offences—outcomes. The Director of Public
Prosecutions accepts that and I accept that. However, we must be
fair about where the problem is, so that we can be frank about
the solutions. About 10% of police referrals make it to the CPS
and, in the most recent data, we see a slight
increase—nationally—in the CPS charging rate when it comes to
rape, so there are some early signs of improvement. Above all, we
have a great commitment by the CPS and criminal justice partners
to improve the situation. The rape review was published last
year, and we have seen the RASSO 2025 strategy. Innovative
processes around Operation Soteria and Operation Bluestone are
changing the way police and prosecutors work to better tackle
rape and serious sexual offences, so that victims are better
supported through the process.
Does my right hon. and learned Friend agree that it is important
that the CPS and her Department invest in ensuring that we have
the best-quality prosecutors for rape and serious sexual
offences, as well as the manpower and the technology to deal with
delays in disclosure, which is of particular relevance in these
cases; but, equally, that we need a whole-systems approach to
avoid the very considerable level of attrition that comes before,
as she rightly observes, cases ever get to the charging stage?
That means co-operation, above all, with the police at early
stages of the investigation.
The Attorney General
My hon. Friend is absolutely right, and he puts his finger on the
problem. That is why the additional funding that the CPS received
last year will partially be dedicated to improving its resources
and firepower in dealing with RASSO. We will see a bolstering of
specialist RASSO units. A hundred new prosecutors have already
been trained in RASSO within the CPS, and within the next three
months 70 experienced staff will be appointed into RASSO posts in
the pathfinder areas.
I highlight the fact that Operation Soteria and Operation
Bluestone in Avon and Somerset are being rolled out more widely
throughout the CPS areas. They are pioneering better working
between police officer and prosecutor, earlier investigative
advice and greater support for victims to turn around the decline
when it comes to victims’ withdrawal from the process; that is
critical to the success of a prosecution.
I thank the Minister for that response. Not only is there clearly
a need for successful prosecutions, but women—ladies—and girls
feel particularly vulnerable and fearful in society today. What
is being done across the UK to ease, protect and restore
confidence among ladies and ensure that they feel safe on the
streets of this country?
The Solicitor General
I am grateful to the hon. Gentleman for raising that question. He
is absolutely right, and that is why we have rolled out an
increased number of independent sexual violence advisers. That is
why we are rolling out a victims code, because complainants—
Mr Speaker
Order. This is a supplementary to the original question. Normally
it is taken by the same person who answered the first question. I
believe in job sharing, but this is taking it a little bit too
far.
The Attorney General
I apologise, Mr Speaker. I wanted the Chamber to enjoy the
oratory and eloquence of my hon. Friend, but we will be denied
that for a few moments longer.
The hon. Member for Strangford () is right, but I want to emphasise the commitment to
fighting violence against women and girls that this Government
have not only talked about, but demonstrated through actions. Not
only have we introduced new offences—for stalking, coercive and
controlling behaviour, revenge porn and upskirting—but, as
announced this week, we are making a new criminal offence of
non-consensual photographing of breastfeeding women in public,
and we have provided support on domestic abuse through our
landmark Domestic Abuse Act 2021. This Government have pioneered
a plethora of historic changes to show that we support women and
girls and to make Britain a safer place for them.
Nationality and Borders Bill: Compatibility with International
Law
6. What recent discussions she has had with Cabinet colleagues on
the compatibility of the Nationality and Borders Bill with
international law. (904919)
The Attorney General
To be clear, the UK prides itself on its leadership within the
international system and the fact that it discharges its
international obligations in good faith. The Nationality and
Borders Bill brings in vital changes to enable this Government,
and our immigration and Border Force operatives, to stop the
illegal and dangerous trafficking of illegal migrants. I
encourage everybody in this Chamber to get behind this vital Bill
and support it.
Happy new year, Mr Speaker. The Attorney General may well pride
herself on international leadership, but does she therefore agree
with the UN Secretary-General António Guterres, who recently
corrected the Home Secretary’s claim that British citizenship is
a privilege, not a right, and pointed out:
“Having a nationality is not a privilege—it’s a human right”
that is protected by UN treaties to which the UK is a party and
which the UK is obliged to protect?
The Attorney General
What is clear is that we need to take tangible action to deal
with the problem of illegal migrants crossing our channel and
dangerous traffickers exploiting some of the most vulnerable
people in the world, while we also need to fix our broken asylum
system. That is why the Nationality and Borders Bill addresses
some of these very important issues through tangible proposals.
The Home Office will continue to evaluate and test a range of
safe and legal options for stopping small boats, and I support
that activity.
Does the Minister agree that the Bill helps protect our fight
against human trafficking? It will be very interesting to see
what the Lords sends back to us, but will the Government continue
to commit themselves to ending this evil trade?
The Attorney General
There are no two ways about it, and I am proud to say to my hon.
Friend that I really support this Government’s attempts to end
this evil trade, as he puts it. It is immoral that the criminal
people traffickers are taking advantage of people and putting
their lives at risk. The people making these crossings do not
have the skills or the equipment to traverse some of the busiest
shipping lanes in the world safely, and it is of fundamental
importance that the Government disrupt this business model and
make it untenable.
Over the Christmas holidays, I read “The Lightless Sky”, the
account by Gulwali Passarlay of his journey as a child refugee
from Afghanistan to the UK. After reading that book, I would ask
the Minister—and I recommend that she reads it, too—whether she
accepts that human traffickers only exist because of the absence
of the safe and legal routes that this Government continue to
deny to those who are in desperate need and fleeing for their
lives?
The Attorney General
We are subject to international obligations that make it clear
that, if people have legitimate claims for asylum, there are safe
and legal routes through which they may pursue those. To get on
an illegally manned vessel and to try to break through our
borders illegitimately is dangerous, immoral and unlawful.
Criminal Justice System: Disclosure between Parties
7. What recent steps she has taken to improve working practices
on disclosure between all parties in the criminal justice system.
(904920)
The Solicitor General
Effective disclosure is a vital part of the criminal justice
process, and it is inseparable from the right to a fair trial.
The Attorney General is now undertaking the first annual review
of the disclosure guidelines to ensure that this complex area is
continually monitored and that issues that can have such profound
implications for securing justice for victims are identified and
resolved.
I entirely agree with the Solicitor General that providing
defendants with full disclosure of the evidence against them is
extremely important, but it is also vital to ensure that police
are not taken away from their frontline duties by overly
bureaucratic requirements. Currently, for example, local officers
in Aylesbury have to spend many hours redacting video evidence
they send to the CPS before a charging decision is made just in
case it is eventually shared with the defence. What can be done
to reduce this burden so that police can be where they are most
needed, which is on the streets?
The Solicitor General
I am very grateful to my hon. Friend for once again raising a
really powerful point. In my discussions with police officers up
and down the country, this issue of redaction has arisen again
and again, and he is right that this is creating a serious
administrative burden that absorbs resources that could
profitably be deployed elsewhere. That is why I can assure him
that this issue is receiving very close and current attention,
and I expect to say more on that shortly.
While the digital data extraction forms that were imposed on
survivors of rape are now, thankfully, a thing of the past, the
culture that led to their introduction by the CPS and the police
is, sadly, not. Could I ask the Attorney General how she is
ensuring that women who come forward to report being raped
receive the dignity, privacy and respect to which they are
entitled?
The Solicitor General
The hon. Lady is absolutely right. It is incredibly important
that when complainants are brave enough to make these
allegations, they are not then subject to intrusive, unnecessary
and disproportionate disclosure inquiries. Getting that balance
right is extremely difficult. There is clear guidance in the
Attorney General’s guidelines, and the case of Bater-James and
Sultan Mohammed is there as well, but we need to go further to
make sure that correct, proportionate and fair decisions are
made.
Mr Speaker
I welcome to the Dispatch Box the shadow Minister, .
Thank you very much, Mr Speaker. It is a pleasure to be shadowing
the Solicitor General—we have missed him in Shepherd’s Bush.
Last month the Court of Appeal ruled the conviction of Ziad Akle,
prosecuted by the Serious Fraud Office, unsafe because there was
a material failure of disclosure that significantly handicapped
the defence. The court described this as a serious failure by the
SFO to comply with its duty and said it was particularly
regrettable given that some of the documents withheld had a clear
potential to embarrass the SFO. It is difficult to imagine a more
damning series of judgments on a prosecuting authority. The
Attorney General, having recently expressed full confidence in
the director of the SFO, has belatedly announced an inquiry, but
the Attorney General superintends the SFO and her office
line-manages the director, so will the Solicitor General confirm
that this inquiry will be fully independent so that it can
examine the Attorney General’s own role in this fiasco as well as
that of the SFO and the director?
The Solicitor General
I am grateful to the hon. Gentleman for his question and for his
kind welcome. That judgment was a significant one and we take it
extremely seriously, but he is wrong to say that there was a
delay, because the Attorney General moved very swiftly to
institute a far-ranging and sweeping inquiry. That will take
place, and it will take its time because we will need to consider
extremely carefully what emerges from it. The SFO is an important
prosecuting authority; it needs to do its job properly and
fairly, and we will make sure it does exactly that.
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