Legal Profession: Government Criticism
(Warwick and Leamington) (Lab)
What discussions she has had with the Home Secretary on the video
published by the Home Office that referred to activist lawyers.
[908169]
(Hammersmith) (Lab)
What discussions she has had with Cabinet colleagues on recent
public criticism of the legal profession by the Government.
[908171]
The Attorney General ()
I speak regularly with Cabinet colleagues, including the Home
Secretary, and I am in no doubt whatever that this Government are
rightly proud of the UK’s legal tradition and our legal
profession. We benefit enormously from the contribution of our
excellent and hard-working lawyers, and I will always champion
our profession and lawyers of all stripes, whichever side they
represent, but sadly from time to time there are those who take
advantage of their position and abuse the court process. In those
instances, to pretend that lawyers are somehow beyond criticism
is not only naive, but does the public a great disservice.
I listened to that answer, but does the Attorney General agree
that she has to speak out and say that she does not condone these
attacks? Will she explain what steps she has taken to address the
matter with Cabinet members? Can she give me and the House
assurances that these attacks, which are corrosive and
undermining the legal profession, will cease immediately?
The Attorney General
I am proud of the profession, and in my role as head of the Bar,
I will not hesitate to champion the interests of our lawyers.
Indeed, given that it is Pro Bono Week, I take this opportunity
to thank the thousands of lawyers out there who regularly give
their time and their services free of charge on a pro bono basis,
helping some of the most vulnerable in our society. I was pleased
earlier this year to acknowledge the winners of the LawWorks and
Attorney General’s student pro bono awards, and I know that the
Solicitor General himself has recently met with members of the
community. That is a real mark of a compassionate profession.
At the Conservative party conference, the Prime Minister said he
would prevent the whole criminal justice system being hamstrung
by what the Home Secretary would doubtlessly like to call lefty
human rights lawyers and other do-gooders. On 9 October, the
chair of the Bar wrote a letter to the Prime Minister, copied to
the Attorney General, asking the Prime Minister to withdraw those
comments. Will she at least see that the chair of the Bar gets a
reply to that letter sent a month ago? Those comments are leading
to attacks—not just verbal, but often physical—on lawyers.
The Attorney General
Lawyers play a vital role in our justice system and in upholding
our democratic society. However, I find the words of the Lord
Chief Justice very useful. He recently took the opportunity in
the Court of Appeal to make the general point that
“it is a matter of regret that a minority of lawyers have lent
their professional weight and support to vexatious
representations and abusive late legal challenges.”
I find his words prescient and very relevant to this debate. As a
friend and ally of the profession, I know the vast majority of
our profession uphold the highest standards, but we cannot deny
that there is a minority who do not.
(Bromley and Chislehurst) (Con)
I welcome the tone of the Attorney General’s remarks. Does she
recognise that it lies in the hands of parliamentarians and
legislators to correct faults in the system that are abused? At
the same time, will she confirm that the Government are firmly
committed to the robustness and public value of an independent
legal profession and judiciary and to enhancing that by ramping
up the work that we do in public legal education, so that people
are generally more aware and better informed of the valuable work
that the profession and the judiciary do for us all?
The Attorney General
My hon. Friend and I are in total agreement on this. I know that
during his years of practice at the Bar, he will have been part
of a profession that upheld the highest standards. Generally, the
profession is very well policed. We have a robust code of
conduct. We have regulatory authorities that call out and
discipline those lawyers who fall short of the standards. He is
absolutely right that we need an independent and robust
profession as part of a fair society, and his role has been
critical, not only in public legal education but as a champion
for justice as Chairman of the Justice Committee. As he was
Master of the Bench of Middle Temple at my own Inn, I can
definitely vouch for his overall fabulousness.
(Lewisham West and Penge) (Lab)
Lawyers, like all of us, have the right to work without fear or
intimidation. Early in the pandemic, lawyers were rightly
identified by this Government as key workers, yet the language
used by the Home Secretary and the Prime Minister was not only
wrong, it was reckless and does a huge disservice to an entire
profession. I am certainly proud of the legal profession. The
Attorney General says that she is too, so will she today condemn
the references to criminal defence lawyers and immigration
lawyers as “activists” and “do-gooders”?
The Attorney General
Yes, I know that the hon. Lady had an esteemed career as a
lawyer, and we share a common interest in upholding the position
of lawyers in our society. Any violence—I must make this clear—is
utterly deplorable against any lawyer or anyone going about their
work. But we have to be clear that, more broadly, there are
lawyers who have gone on the record to make it clear that they
are pursuing politics through the courts. There are judges who
have felt compelled in their decisions to remind counsel that
judicial review is not and should not be regarded as politics by
another means. Everyone in the profession needs to take heed of
those observations in making their professional decisions.
(Cumbernauld, Kilsyth and Kirkintilloch East)
(SNP)
I think many in the legal profession will be horrified by the
approach that the Attorney General is taking today. She must,
like the Lord Chancellor, accept that the comments from the Home
Office and the Prime Minister went way beyond legitimate
criticism, devaluing the values of lawyers and questioning their
motivation. Will she join the criticism of the remarks that were
made? Will she also investigate whether sources in the Government
and Whitehall have been responsible for identifying individual
law firms and lawyers when anonymously briefing newspapers about
activities that the Home Secretary and No. 10 are angered by?
The Attorney General
The hon. Gentleman refers to law firms and, by implication, the
incident, which was very serious and, as I say, deplorable. It is
not something to trivialise or politicise, and we should be
careful not to draw conclusions about any incident that is under
investigation. I know that he specialised in immigration law. I
defended the Home Office for many years in the same field of law.
We know that the vast majority of lawyers who specialise in
immigration law are upholding the highest standards, are devoted
to their clients and are working to secure justice. But we only
have to look at the records of the Bar Standards Board or the
Solicitors Regulation Authority to see that there are those who
fall short of those high standards, and it is right that action
should be taken to stop that sub-optimal delivery of service.
Serious Fraud Office: Proceeds of Crime
(Harrogate and Knaresborough) (Con)
What assessment she has made of the effectiveness of the Serious
Fraud Office in recovering the proceeds of crime. [908170]
The Attorney General ()
In 2019-20, the Serious Fraud Office secured more than £13
million in new financial orders against criminals it
investigated, with payments received against previous orders
totalling more than £7 million. That strong performance has
continued this year. In July, the SFO secured confiscation orders
totalling £5.45 million against former Afren employees, and in
September, the SFO used for the first time a listed asset
recovery order to recover £500,000-worth of jewellery in a
long-running mortgage fraud case.
I thank my right hon. and learned Friend for that answer, and it
is very encouraging to see the efforts being taken to make sure
that crime does not pay. What has been the impact of covid-19 on
the SFO’s capacity to recover crime proceeds?
The Attorney General
I am grateful for my hon. Friend’s question. While covid-19 has
obviously had an impact on the court system and caused some
delays in obtaining and enforcing court orders, the SFO has
continued to progress its proceeds of crime work, successfully
obtaining confiscation orders and using new asset recovery powers
to recover money in a long-running fraud case. Its ability to
maintain operational effectiveness in the face of the challenges
posed by covid-19 was recognised in the report by the
inspectorate on the SFO’s response to the pandemic.
Rape and Sexual Assault: Prosecutions and Conviction Rates
(Lancaster
and Fleetwood) (Lab)
What steps she has taken to increase the number of prosecutions
relating to rape and sexual assault. [908172]
(Newbury) (Con)
What steps she is taking to improve conviction rates in rape
cases. [908182]
The Solicitor General ()
We and the Crown Prosecution Service are working tirelessly with
criminal justice partners to improve the handling of these
sensitive cases. Over the last four quarters, we have seen the
charging and conviction rates in rape cases continue to increase.
This year, the CPS published its own rape strategy, updated rape
legal guidance and training, is actively engaging in the
Government rape review and will shortly be publishing a joint
action plan on rape with the police.
The Solicitor General will know that rape prosecutions in England
and Wales are now at the lowest ever levels. I suspect he shares
the lack of surprise I felt when I learned that just one in seven
rape survivors will ever see the justice system deliver justice
for them. Can he confirm when the end-to-end rape review will be
published by his Government?
The Solicitor General
I am very grateful for the hon. Member’s question because it
highlights what we know and accept around the House is an
important issue. Driving up rape prosecutions continues to be a
major focus for the Attorney General’s Office and the Crown
Prosecution Service, as work progresses to reverse this negative
trend. We have actually seen the proportion of suspects charged
with rape slowly increasing and we have also seen a continued
increase in the volume of suspects charged, but I accept the
thrust of her point, which is that there is more work to do. More
work is being done, and as soon as these reports are ready, they
will be published.
[V]
I welcome the recent announcements from the CPS and the guidance
it has published to improve rape prosecution rates, particularly
in relation to modern dating apps and selfies. However, the rape
review published by the Victims’ Commissioner revealed that a
large number of women are still reluctant to report rape in the
first instance, because of an enduring concern that they will not
be believed by the police when they do so. Can my right hon. and
learned Friend confirm what steps he is taking to ensure that the
support and the structures exist so that women who come forward
can have confidence that there is a reasonable prospect of
securing a conviction?
The Solicitor General
The Crown Prosecution Service and the Government are determined
to restore faith and build more faith in the criminal justice
system, and to give victims of rape—this horrific offence—the
confidence that everything will be done to bring offenders to
justice. That is why the Government are reviewing the end-to-end
response to this awful crime, in consultation with survivors
groups as well as the Victims’ Commissioner, while recruiting
more police and putting more money into the Crown Prosecution
Service. This is a priority: it is a priority for me and for the
Attorney General, for the Crown Prosecution Service and for this
Government. I thank my hon. Friend for her support in this
matter.
(Lewisham West and Penge) (Lab)
I have listened to what the Solicitor General has had to say, but
the reality is that rape prosecutions are at their lowest level
on record, and according to the Victims’ Commissioner, only one
in seven rape victims has faith in the justice system. Last week,
we discovered that an under-resourced CPS is not even getting the
basics right, with almost half of letters to victims lacking
empathy. It is clear that this Government are letting down
victims of rape on every front. I have heard about the
consultations and the reviews, but what urgent action are the
Government taking to reverse this trend and ensure that victims
have faith in the criminal justice system when they need it the
most?
The Solicitor General
It is very important that victims have faith, and we ask everyone
involved in the criminal justice system to support that system in
giving victims faith. Dealing with this awful crime is a high
priority for the Crown Prosecution Service, and for the
Government, and driving up rape prosecutions continues to be a
major focus. The overall trend over the past quarter shows that
the volume and proportion of suspects charged is slowly
increasing, but I accept that there is more work to do in this
complex and multifaceted area. We are working with a number of
bodies, including the police and the Crown Prosecution Service,
to facilitate improvements, so that people can, and should, have
the fullest confidence in our criminal justice system.
(North Antrim)
(DUP)
It has been a year and a half since the publication of the Gillen
review into serious sexual offences and how they are prosecuted
through the courts in Northern Ireland, and the Solicitor
General’s office has taken a considerable interest in that, until
the re-establishment of devolved institutions in Northern
Ireland. It will now be another year before legislative changes
are tabled in the Northern Ireland Assembly to deal with that
review, which quite frankly is not acceptable. What can be done
in this place to expedite those necessary changes and ensure that
victims get fairness and equal British justice across all the
United Kingdom?
The Solicitor General
As usual, the hon. Gentleman stands up for the people of Northern
Ireland, and he is right to focus on that issue. I will make
inquiries with the Northern Ireland Office and see how that
matter is progressing, but he will acknowledge that there are no
doubt legislative pressures, and that these things do take time.
I assure him, however, that every effort will be made to liaise,
and where possible to assist, in the furtherance of this matter.
Hate Crime Sentences
(West Bromwich East) (Con)
What assessment she has made of the effectiveness of the CPS in
securing sentence uplifts in hate crime cases. [908173]
The Solicitor General ()
I recognise the devastating impact that hate crimes have on
victims and communities, and the CPS is committed to bringing
offenders to justice. Training for prosecutors draws on input
from key community groups, helping to improve the prosecution
response to hate crime. In the 12 months to the end of June this
year, the proportion of convictions for hate crime with a
recorded sentence uplift increased to 78.4%, which is the highest
rate yet.
Having heard directly from victims of hate crime in the west
midlands, during a virtual session hosted by our candidate for
police and crime commissioner, Jay Singh-Sohal, it is obvious
that we need to do more to support victims of that appalling type
of crime, through all stages of the judicial process. Will my
right hon. and learned Friend commit to working with the CPS, and
police across the country, to ensure that hate crime victims feel
able to come forward and report incidents in the first place?
The Solicitor General
I thank my hon. Friend for her work with the Holocaust
Educational Trust and on tackling antisemitism. I visited the CPS
East of England yesterday, and heard about its great work on
tackling hate crime. The CPS works closely around the country
with members of the community, to ensure that the approach to
hate crime prosecutions is sensitive and provides sufficient
support to victims. For example, the CPS recently met key groups
that represent the Jewish community, including the Community
Security Trust, to discuss work on antisemitism. It also recently
delivered a webinar on its approach to hate crime to an audience
invited by the Chinese Welfare Trust and the Covid-19 anti-racism
group, both of which support the Chinese and south-east Asian
communities.
International Law: Government Compliance
(Swansea West) (Lab/Co-op)
What assessment she has made of the effectiveness of her
Department in ensuring Government legislation complies with
international law. [908174]
The Attorney General ()
I work frequently with Departments on legislation, including on
issues that relate to compliance with international law. The UK
is committed to the rules-based international system. We were the
architects of the post-war international legal order, including
the UN Charter, NATO, and the European convention on human
rights—a history of which I am very proud. The principle of
discharging our treaty obligations in good faith is, and will
remain, the key principle in forming the UK’s approach to
international relations.
[V]
The United Kingdom Internal Market Bill breaks international law
by reneging on the EU withdrawal agreement. The Covert Human
Intelligence Sources (Criminal Conduct) Bill contravenes the
right to life and the prohibition of torture under international
conventions. The Overseas Operations (Service Personnel and
Veterans) Bill means the UK will be unable to prosecute war
crimes after five years, so we will end up at the International
Criminal Court in The Hague. The Attorney General’s job is to
ensure that we deliver the rule of law nationally and
internationally. She has failed in her duty. Will she now resign?
The Attorney General
The hon. Gentleman raises some interesting points, but it seems
that he has missed the fundamental principle underlying our
constitution and the UK’s relationship with international law. It
is not right to say that our constitution requires a blind and
automatic adherence to international law. Domestic law is on a
different plane to international law. It is entirely proper and
constitutional, and in line with the principle of parliamentary
sovereignty, that the Queen in Parliament may legislate in a
manner inconsistent with international law. That is an age-old
principle underpinning our constitution.
