The Law Officers were taking questions in the Commons. Subjects
covered included...
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see below.
Covid-19: Domestic Violence
(Swansea East) (Lab)
What discussions she has had with the Director of Public
Prosecutions on the capacity of the Crown Prosecution Service to
investigate the increase in domestic violence cases during the
covid-19 outbreak. [901896]
(Blaenau Gwent) (Lab)
What discussions she has had with the Director of Public
Prosecutions on the capacity of the Crown Prosecution Service to
investigate the increase in domestic violence cases during the
covid-19 outbreak. [901900]
Mr Speaker
I call the Attorney General to answer the substantive question
tabled by . May I welcome the Attorney
General to her new role? Congratulations.
The Attorney General ()
Thank you, Mr Speaker.
I congratulate the shadow Solicitor General, the hon. Member for
Lewisham West and Penge (), on her appointment, and the
shadow Attorney General, , on his. I look forward to
constructive debate with both of them, hopefully in the same room
at some point.
There is no doubt whatsoever that this Government take domestic
abuse and the pain that it causes extremely seriously, and that
is especially the case at this time. The Crown Prosecution
Service is wholly committed to ensuring that the perpetrators of
this horrendous crime face justice and that victims are supported
through what is often a very traumatic process.
[V]
Calls to the national domestic abuse helpline have increased by
almost 50%, and 16 deaths of women and children were linked to
domestic violence in the first three weeks of lockdown. With the
CPS issuing new guidance as a result of the pandemic that advises
prosecutors to prioritise the most serious cases, what assurances
can the Attorney General provide that domestic abuse cases will
fall into that category?
The Attorney General
I thank the hon. Lady for her considerable work on this subject
and her courage in speaking out about this matter. I myself
represented victims of domestic abuse during my time as a lawyer.
I have seen how devastating it can be, and I share her goal in
wanting to eliminate this scourge from our society. I am very
concerned about the rise in domestic abuse offending during
lockdown. This is a difficult time for those who may be living
with their abuser. That is why the Government have invested an
extra £2 million at the frontline for online services and phone
lines so that there is help 24 hours a day, seven days a week,
for those victims who need it.
It is vital that cases of domestic violence are properly
prosecuted during this covid-19 crisis. To avoid delays in
prosecution, are the Government taking the necessary steps to
enable the most serious cases to be heard through virtual court
hearings where necessary?
The Attorney General
The hon. Gentleman makes a very important point. We need to go as
far as we possibly can to support vulnerable victims throughout
the court process. The CPS is at the forefront of implementing
section 28 pre-recorded cross-examination, which aims to allow
vulnerable victims to give evidence in advance of trial so that
they can have a better experience of the process. I encourage him
to look closely at the Domestic Abuse Bill, which contains
considerable provisions to protect vulnerable witnesses
throughout the court process.
(Harrow East) (Con) [V]
I congratulate my right hon. and learned Friend on her new post;
I am sure that she will do an excellent job.
With 100 arrests a day for alleged domestic violence in London
alone, clearly the problem is getting worse. What action can my
right hon. and learned Friend take to ensure that the victims of
domestic abuse feel safe to give evidence against the
perpetrators? At the moment, they fear reprisals and are not in a
safe position.
The Attorney General
This is an important point. A range of protections is available
for victims so that they can give evidence in such situations.
Prosecutors can apply for special measures, including a screen,
or for evidence to be given via video link, so that victims do
not need to have contact with their abuser in the trial process.
(Eddisbury) (Con) [V]
It cannot be emphasised enough how important it is that victims
of domestic abuse get the support that they need during this very
difficult time. Does my right hon. and learned Friend agree that
this often-hidden scourge, which affects children as well as
adults, must be a priority for the Government at all times, as is
demonstrated by the commitments in the Domestic Abuse Bill?
The Attorney General
My hon. Friend speaks with authority about child safeguarding,
based on his practice as a barrister and his time in government
as a Minister. These crimes are abhorrent, and those who commit
them must not be let off the hook. Today, the landmark Domestic
Abuse Bill returns to the Commons for its Second Reading. I am
very proud to have personally supported this landmark legislation
that provides support—legal and otherwise—for victims of domestic
abuse, including children, so that we as a nation take a step
further towards eliminating domestic abuse.
(Lewisham West and Penge)
(Lab) [V]
I congratulate the Attorney General on her appointment; likewise,
I look forward to a constructive working relationship with her.
Charities and police forces across the country anticipated a rise
in domestic abuse during the lockdown. Indeed, the Met is
currently arresting an average of 100 people a day, with charges
and cautions up 24%. Devastatingly, domestic abuse killings
doubled in the first three weeks of lockdown. Meanwhile, in
January, a report by the Crown Prosecution Service inspectorate
stated that the domestic abuse case load for both the CPS and
police had increased by 88%, against the backdrop of a 25%
reduction in funding, therefore stretching prosecutors’ workload
and forcing them to make difficult decisions about priorities. I
am extremely grateful for what the AG has said, but I urge her to
significantly increase funding—
Mr Speaker
Order. We have to bring in the Attorney General.
The Attorney General
I am acutely concerned by the rise in domestic abuse offences in
lockdown, and I want to make two points. First, the Domestic
Abuse Bill, which returns to the Commons today, will involve the
allocation of £3.1 million to services supporting children who
witness domestic abuse in the house during lockdown. Secondly, I
want to take this opportunity to let victims out there—men and
women—know that they do not have to suffer in silence. There is
support for them if they seek it. Please pick up the phone and
dial 999; press 55 if you cannot speak. Use the national domestic
abuse helpline. Crucially, please know that if you want to flee
your abuser—if you want to leave the home—you will not be
breaking coronavirus regulations. You will not be breaking the
law if you seek help outside.
Serious Fraud
(Thirsk and Malton)
(Con)
What recent progress the CPS has made on increasing prosecution
rates for serious fraud. [901899]
The Attorney General ()
Last year, the Crown Prosecution Service prosecuted over 10,000
defendants where the principal offence was fraud or forgery. It
also has a specialist fraud division, which brings together
expertise and skills to prosecute complex and serious fraud.
I welcome my right hon. and learned Friend to her role. She will
do a tremendous job, and she has an immediate opportunity to
right a wrong. It is 10 years since my constituent, Ian Foxley,
blew the whistle on corrupt payments at GPT Special Project
Management. That has not come to a resolution. Will she now bring
it to a resolution and ensure that my constituent and others in
the same situation are properly compensated?
The Attorney General
I thank my hon. Friend for his extensive work on that case. He
has been indefatigable in seeking a resolution for his
constituent—of that there is no doubt. Unfortunately, I cannot
comment on the details of the case, because the Serious Fraud
Office is undertaking criminal investigations into the affairs of
GPT and Saudi Arabia, which have taken some time because of the
significant complexity involved. However, I would like to
reassure my hon. Friend, because upon my appointment to this job,
that case was one of the first matters, if not the first, to
cross my desk, so it is a priority for me and I will not rest
until we find an appropriate resolution.
(Enfield, Southgate) (Lab)
Five thousand suspicious emails were reported to the National
Cyber Security Centre just one day after the launch of its Cyber
Aware campaign earlier this month, with a huge growth in
malicious emails offering fake coronavirus-related services. Can
the Attorney General tell me how prepared the CPS is to deal with
prosecuting online fraud and scams during the coronavirus
emergency?
The Attorney General
The hon. Gentleman is absolutely right to raise this point, and I
recognise the increased risk posed by scammers and fraudsters at
this time of crisis. Sadly, there are those who will seek to
exploit the vulnerable at this time. We are leading several
initiatives in this area, such as working with the technology
industry, to shut down any vulnerabilities that fraudsters might
exploit and to ensure that the public have the knowledge so that
they can spot scams and stand up to fraudsters.
(Bexleyheath and Crayford)
(Con) [V]
I appreciate all the work my right hon. and learned Friend is
doing in her new job at this difficult time. Naturally, there is
real concern about crime, particularly fraud against the elderly.
How is the CPS tackling cases of covid-19-related fraud?
The Attorney General
This is an important issue. Sadly, criminals are looking to take
advantage of the vulnerable during this pandemic. It is shameful
and disgusting, but sadly it is a fact of life. We recognise the
threat posed, and that is why the CPS and the police have
published a joint charging protocol that makes it clear that
covid-related fraud will be a priority for an immediate charging
decision. I am glad that, as a result, we have already seen some
successful prosecutions of such offences.
(Kensington) (Con)
We all welcome the enormous packages of support that the Treasury
has put together for businesses and individuals, but clearly
there is the prospect of fraud by people applying to some of
those schemes. Has my right hon. and learned Friend had
discussions with the Treasury on those matters?
The Attorney General
As the Chancellor of the Exchequer made clear in his
announcements, the unprecedented level of support for businesses
and those in financial difficulty has sadly raised the risk of
fraud on the Exchequer, which is of course fraud on the taxpayer.
There will be those who try to play the system, to make false
claims and, frankly, to defraud and deceive. The Cabinet Office
counter-fraud function is leading the work to minimise the risk,
and the CPS has been fully engaged with this vital work.
Covid-19: CPS
(Hazel Grove) (Con)
What assessment she has made of the effectiveness of the CPS
during the covid-19 outbreak. [901901]
(Ipswich) (Con)
What steps she is taking to ensure the effectiveness of the CPS
during the covid-19 outbreak. [901902]
The Attorney General ()
I would like to put on record my thanks to the whole CPS family
and, indeed, the wider justice system for their hard work during
this uncertain period. CPS staff are working remotely and, where
safe to do so, in person. They are playing a full part in
supporting the criminal justice system’s response to the pandemic
with the use of more technology, more collaboration and planning
for recovery.
Mr Wragg
I welcome my right hon. and learned Friend to her post. Further
to her answer, will she tell me how the Crown Prosecution Service
is working with the courts to manage the impact of covid-19 on
its services and particularly to support them in planning for
recovery, not least for the administration of justice?
The Attorney General
Justice is non-negotiable, and notwithstanding the crisis we are
facing, it is important that justice continues to be done and
continues to be seen to be done. There has been very effective
work between the CPS and other partners—for example, the
judiciary and the Courts Service—to ensure that practical
arrangements are put in place so that, as far as possible, our
justice system continues to function through the use of
technology and the efficient management of resources. The CPS is
also working with partners to turn its focus towards recovery,
including exploring options for a phased recovery.
[V]
Over recent weeks, we have seen a shameful trend in suspected
criminals spitting and coughing at police officers. There have
been a number of cases in my constituency of Ipswich, and it is a
particularly pernicious form of assault during a covid-19
outbreak. Those responsible must have their day in court, and
that day must come quickly so that they can be duly punished and
others can be deterred from doing this. What steps is my right
hon. and learned Friend taking to ensure that the CPS is right
behind our police in prosecuting those responsible for this
horrible crime and bringing them to justice quickly?
The Attorney General
My hon. Friend makes a crucial point. Those on the
frontline—those in the trenches of this battle—who are risking
their own safety in the service of others are the heroes in this
crisis and they deserve nothing less than our admiration. That is
why assaults on emergency workers will not be tolerated. Those
who commit these sickening offences will face the full force of
the law. I am glad to have seen—if “glad” is the right word to
use—that the CPS has successfully prosecuted several such
offences recently.
(High Peak) (Con) [V]
What steps are the Government, along with the CPS, taking to
ensure that this current crisis does not leave us with an
enormous backlog of court cases that could lead to huge costs and
delay justice for a long time to come?
The Attorney General
My hon. Friend raises an important point. The CPS and others have
been working at pace to ensure that justice continues to be
served. The Coronavirus Act 2020 enables the use of video and
digital technology to facilitate court hearings during this
crisis. The CPS is working with the judiciary to manage the
listing of cases, so that cases that can be dealt with by way of
a guilty plea or by other disposal are prioritised, which will go
some way towards reducing the backlog in the system.
Covid-19: Remand on Bail
(Bristol East) (Lab)
What discussions she has had with the Director of Public
Prosecutions on CPS management of people remanded on bail during
the covid-19 outbreak. [901903]
The Attorney General ()
[Inaudible]—capacity across the criminal justice system, and our
focus is to ensure that the most dangerous offenders are dealt
with as a priority. All cases with an approaching trial date,
including bail cases, are under review to ensure that serious and
time-sensitive cases are prioritised for trial and that any bail
conditions remain suitable.
[V]
Given that there was already a backlog of more than 37,400 Crown
court cases before the covid-19 outbreak—I am sure that many of
those defendants were remanded in custody—what is the CPS doing
to ensure that bail hearings for people who perhaps do not need
to be remanded in custody can be expedited and that people can be
released into the community when it is safe to do so? In that
way, we can ease the pressures on the prison estate in terms of
dealing with the coronavirus outbreak.
The Attorney General
Clearly, any bail should be for the shortest possible period,
because it restricts the ability of an individual to carry out
their normal life while they remain innocent until proven guilty.
Each case needs to be assessed on the individual facts, including
the potential risks posed by a defendant of, for example, further
offending or absconding. There are statutory limits underpinning
the conditions that can be imposed, and the defendant has a right
to apply to the court to vary or remove any conditions of bail.
We need to ensure that these cases continue to be dealt with
expeditiously, and the CPS is working with the judiciary to
consider options for restarting some trials while maintaining
social distancing.
Covid-19: Civil Liberties
(Manchester, Gorton) (Lab)
What discussions she has had with the Secretary of State for
Health and Social Care on the effect of the covid-19 contact
tracing app on civil liberties. [901906]
The Solicitor General ()
Thank you very much, Mr Speaker. It is a pleasure to be here and
to see you—virtually or otherwise.
Her Majesty’s Government are actively considering a range of
further options for managing the effect of the outbreak of
covid-19. A careful assessment of any implications for civil
liberties, including the impact on human rights, equality and
privacy, will be an important part of these considerations.
[V]
I welcome the Government’s new focus on testing, tracing and
containing the coronavirus, and I believe that the NHS contact
tracing app has an important role to play. However, does the
Attorney General agree that the legal basis for processing
personal data by such an app should be set out in legislation and
that this should include a measure that ensures the app stores
data in a decentralised manner?
The Solicitor General
I am very pleased that the hon. Gentlemen is supportive of the
contact tracing app. It is very important because everyone will
benefit from the app. If enough people with smartphones download
it, it will help stop the spread, slow the epidemic, and protect
the NHS. I can assure him and others that the app will be for
voluntary participation only. There will be no private
identifiable information on it. The whole process will be
compliant with data protection and there will be an ethical
advisory board monitoring it.
(Lewisham West and Penge)
(Lab) [V]
We support the development of the app, which could be central to
the lifting of the lockdown. However, to be effective it would
require more than 60% of the population to sign up, and achieving
that would require trust from the public. Will the Solicitor
General confirm that the legal basis for processing data under
the app will be set out in primary legislation? Will he also
confirm that any measures will be compliant with the general data
protection regulation, both now and after the Brexit transition
period?
The Solicitor General
I welcome the hon. Lady to her place. Stakeholder engagement in
this matter has been crucial, and continues to be. We have been
consulting not only the ethics advisory board for the app, which
is chaired by Professor Sir Jonathan Montgomery, but the
Information Commissioner, the Centre for Data Ethics and
Innovation, the National Data Guardian and many others. Trust is
important—it always is—but this app is from NHSX, the tech arm of
the NHS, and in this country we trust our NHS with our data. The
app is going to be heavily protected and I am confident that it
will be very popular.
(Cumbernauld, Kilsyth
and Kirkintilloch East) (SNP) [V]
The Information Commissioner has said that the
“starting point for contact tracing should be decentralised
systems that look to shift processing on to individuals’ devices
where possible.”
Why have the Government apparently gone against that advice and
reportedly opted for a significant centralised data-gathering
system, with all the challenges and risks that that brings?
The Solicitor General
The app is being developed with expert assistance from a plethora
of different sources. Data on the app will not be held any longer
than is absolutely necessary, and civil liberties and the privacy
of information are absolutely crucial to the development of the
app. We want people to trust it and to use it—it is going to be
important to protect the NHS and to save lives—so every single
mechanism we have will be utilised to protect the privacy of
data.
Pro Bono Work
(Berwickshire, Roxburgh and
Selkirk) (Con)
What recent steps she has taken to support pro bono work by
lawyers. [901897]
(Wrexham) (Con)
What recent steps she has taken to support pro bono work by
lawyers. [901904]
The Solicitor General ()
As one of the Government’s pro bono champions, I am proud to
support the valuable work provided by the legal and pro bono
sectors. I regularly engage with pro bono stakeholders to engage
directly with their work. Covid-19 has affected all frontline
services, and the pro bono sector is not unaffected. I applaud
the efforts of law clinics and pro bono services to continue to
provide advice, where possible, over the phone, by email and
digitally.
[V]
The pro bono offer in this country is incredible, and I pay
tribute to all those in the legal services market who provide
free legal services. Does the Solicitor General agree that we
need to do more to promote greater awareness among the public
about the legal services that are on offer in this country?
The Solicitor General
Yes, absolutely. It is of the utmost importance that members of
the public are aware of their rights and responsibilities, as
well as the rights of other citizens; this builds confidence and
the skills needed to deal with disputes, and ensures that
everyone has access to justice. For example, last year 500
schools, 7,500 students and 1,400 legal practitioners supported
mock trials in schools. Such work builds on confidence and will
support those in the pro bono sphere.
[V]
Many smaller legal firms want to offer free legal support to
those who cannot afford it. Agencies, such as the citizens advice
bureau in Wrexham, facilitate pro bono opportunities, and
solicitors are covered by those agencies’ professional indemnity
insurance. Demand exceeds supply and waiting lists are long. Does
my right hon. and learned Friend feel we should incentivise
smaller legal firms to undertake pro bono work?
The Solicitor General
Yes, increasing numbers of lawyers at all levels are already
undertaking pro bono work, as my hon. Friend knows, because they
recognise the truth—that it makes a real difference to people,
communities and those who would otherwise be denied access to
justice. I do encourage all firms of any size to take part; it is
a commendable gesture. After all, we know that the legal
community rallies admirably to support victims in their hour of
need. The covid-19 pandemic is no exception, and I want to
encourage lawyers to do as much as they can in that regard.
(Lewisham West and Penge)
(Lab) [V]
The Bar Council survey of 145 chambers revealed that 81% cannot
survive the next 12 months without additional support. Similarly,
many law firms are also struggling to make ends meet. Even before
the pandemic, the publicly funded legal sector was already on its
knees due to cuts to legal aid under the Legal Aid, Sentencing
and Punishment of Offenders Act 2012, hindering not only pro bono
work but access to advice and representation across the piece.
Will the Law Officers work together with us, at this time of
national crisis, and commit to reversing LASPO?
The Solicitor General
The Government continue to prioritise legal aid for the matters
that need it most—where people’s life or liberty is at stake,
where they are at risk of serious physical harm or where children
may be taken into care. Pro bono work is an adjunct to, not a
substitute for, legal aid funding. We recognise that as Law
Officers. It is correct that coronavirus has had a profound
impact on us all and will inevitably have an impact on legal
advice, provision and services, as it has on all other services,
but guidance has been published by the Legal Aid Agency and the
Courts and Tribunals Service, and I recommend people check online
for the latest information.
