CPS: London North
(Harrow East) (Con)
1. What recent assessment she has made of the performance of the
CPS in London North.
The Attorney General ()
Before I answer my hon. Friend, I inform the House that my friend
and close partner, the Prosecutor General of Ukraine, is in the
Gallery. It gives me great pleasure to welcome her to London to
watch Attorney General questions this morning. I recently visited
Ukraine to witness first hand the indomitable and inspiring work
that she is leading in Ukraine to bring to justice those Russian
soldiers suspected of war crimes. The UK is proud to stand
shoulder to shoulder with our friends in Ukraine. Slava Ukraini.
The Government are, of course, committed to holding the criminal
justice system to account for its performance, which is why we
are now publishing criminal justice scorecards that focus on
regional performance, which make a crucial contribution to our
understanding of how the system is working. CPS London prosecuted
nearly 39,000 cases in 2021, with almost 29,000—74%—ending in a
conviction. That is a 15.2% increase from 2020. The inspectorate
recently completed an inspection of CPS London North and I am
pleased to report that it found commendable improvements in the
prosecution of rape and serious sexual offences.
Madam Deputy Speaker ( )
The whole House joins the Attorney General in welcoming our
colleagues from Ukraine.
I associate myself with the Attorney General’s remarks to our
friends from Ukraine.
Clearly, one of the most important aspects of CPS performance is
how it deals with witnesses and victims, particularly of violent
crimes. Can she update the House on how CPS London North has
performed against those criteria?
The Attorney General
I was pleased that the inspectorate report that looked
specifically at performance in CPS London North found that 81.3%
of responses to witnesses fully met the standard for being timely
and effective. There is always more we can do and I know that the
CPS is committed to improving the quality of its communication
with victims. I would say, however, that CPS London North was
also successful in securing convictions very recently for serious
offences and we should record our thanks and gratitude to its
team of prosecutors.
(Huddersfield)
(Lab/Co-op)
I am a co-chair of the all-party group on miscarriages of
justice, and we are all conscious that we want the Crown
Prosecution Service to be as good as it possibly can be. However,
up and down the country—in London and elsewhere—there are serious
worries about recruitment and the performance of many members of
staff. Could there be a thorough look at the performance of the
CPS at the moment?
The Attorney General
I regularly visit CPS teams around the country, and there is a
huge amount of dedication and commitment to improving
performance. No one is under any illusion about the scale of
improvement needed. However, we are seeing huge measures, with
investment and resources being ploughed into the system
nationwide—whether that is Operation Soteria, or the pilots in
the south-east and in Avon and Somerset. All around the country,
we are seeing better practices, focusing on closer collaboration
between the police and the prosecutor, earlier investigative
advice and more support for victims. We now have some changes to
the disclosure guidelines, which are going to focus on supporting
victims. I think that, cumulatively, we are going to see
improvements and the early data gives me grounds for optimism.
Violence against Women and Girls: Prosecutions
(Jarrow) (Lab)
2. What steps she is taking to increase the number of
prosecutions relating to violence against women and girls.
(Brentford and Isleworth)
(Lab)
3. What steps she is taking to increase the number of
prosecutions relating to violence against women and girls.
(Denton and Reddish)
(Lab)
11. What steps she is taking to increase the number of
prosecutions relating to violence against women and girls.
The Attorney General ()
I have seen at first hand the horrendous damage that these crimes
do to victims, particularly when I was honoured to visit the
Havens, which is a sexual assault referral centre, and that is
why tackling violence against women and girls is a central
mission of this Government. Supporting victims from the report to
the police right through to trial and sentencing is a service
that all victims deserve. I am working very closely with the Lord
Chancellor and the Home Secretary so that we get a whole-system
response to this challenge. I am very pleased to see that there
has been a notable change in the volume of prosecutions, which
has increased by more than 10% from quarter 2 to quarter 3 in
2021-22.
I thank the Attorney General for her response. In 2020, one in 20
victims of sexual assault reported being drugged or spiked by the
perpetrator responsible for their assault, and that was before
the terrifying reports last year of young women being injected.
Given the scale and seriousness of this spiking epidemic, does
the Attorney General regard it as acceptable that just 102 people
were convicted for spiking offences in the whole of 2021? What
more is being done to tackle this?
The Attorney General
I know that the Home Office is looking very closely at the issue
of spiking. There will be movement on this because we take it
very seriously, and we are very concerned about the increasing
number of incidents relating to the spiking of victims as a way
of attacking and sexually assaulting them. In the data we are
beginning to see on how the system is responding—whether that is
the number of referrals the police are making to the CPS, the
number of charges that the CPS is passing on to trial and for
prosecution, or the actual conviction rate—we are seeing
improvements. We want to go further, of course, but we are seeing
early signs of improvement.
The Attorney General rightly talked about a whole-system
approach, but over the past year I have seen an increasing number
of extremely concerning cases involving domestic violence in
which, specifically, the CPS, the probation service, the courts
and the police all seem to be operating in silos when trying to
protect women from abusive ex-partners who continue to abuse and
harass them. What is the Attorney General doing to ensure that
the various parts of the criminal justice system work together to
increase prosecutions and protect these women?
The Attorney General
The hon. Member is absolutely right that a whole-system approach
is required. That is why the end-to-end rape review was announced
last year and we have seen updates on how particularly the CPS is
doing in relation to its responsibilities. The CPS recently
published a rape strategy and the update to that, which sets out
the improvements it has continued to see in every aspect of how
it is managing rape prosecutions: better collaboration, as I
mentioned; supporting more specialist units; and ensuring more
support is given to victims. But I would just gently say that the
Police, Crime, Sentencing and Courts Act 2022, which I was proud
to support as a great initiative by this Government, set out
provisions to increase the sentences to be served by rapists and
others convicted of sexual assault and I am only sorry that
Labour voted against those measures.
Madam Deputy Speaker ( )
We will have to go a little faster. I appreciate that the
Attorney General has complicated questions to answer, but we have
a lot of business ahead of us today. We are supposed to have only
another five minutes. We will obviously take longer, but can we
go a little faster—short questions, short answers?
I am sure the Attorney General will have read the damning
conclusions, and indeed the horrendous case studies, set out in
last month’s joint inspectorate report into post-charge handling
of rape cases. Does she accept the report’s findings when it
comes to the way the system is failing survivors of rape and will
she give us both a commitment and a timetable to implement its
recommendations?
The Attorney General
We are of course always concerned about the need for more
improvement and no one is denying that challenge. However, the
CPS is committed to driving up the number of rape prosecutions
and I am pleased with the green shoots of progress, which is
notable from the recent data. If we compare performance
—[Interruption.] This is not to be dismissed or laughed at. Since
quarter 4 of 2018, the volume of CPS rape charges has increased
by 24%. We have also seen that the rape conviction rate is 70%.
Those are grounds for optimism. I do not deny that there is more
to do, but we are seeing movement in the right direction.
(Maldon) (Con)
Nowhere is there worse violence being committed against women and
girls than that by Russian soldiers in Ukraine. Can the Attorney
General assure the House that she will give every assistance to
the Ukrainian prosecuting authorities to ensure that prosecutions
will one day take place?
The Attorney General
I thank my right hon. Friend for raising that important issue.
That is exactly the subject for discussion today and tomorrow
with my friend the Ukrainian Prosecutor General, who has come to
London at my invitation. I was honoured to go to Ukraine to see
at first hand some of her work. What is remarkable about the
leadership and fortitude the Ukrainian Prosecutor General is
demonstrating is that she has already brought and led some
charges and prosecutions of Russian suspects and one Russian
soldier has already been sentenced for a war crime. That is
remarkable, given the circumstances in which she and the
Ukrainians are working.
(Wellingborough) (Con)
In England, modern slavery victims are helped by victim
navigators to get the criminals to trial. Unfortunately in Wales,
in the last seven years, there have only been two successful
prosecutions under modern slavery legislation where people have
been put in prison. Will the Attorney General look at expanding
the victim navigator scheme to Wales in association with the
great charity Justice and Care?
The Attorney General
I am grateful to my hon. Friend for raising that issue. He is a
doughty campaigner on this subject and I commit to looking more
into what can be done.
(Hammersmith) (Lab)
May I add my welcome to our friends from Ukraine?
In January, the Attorney General told the House:
“This Government take tackling domestic abuse and hate crime
extremely seriously”.—[Official Report, 6 January 2022; Vol. 706,
c. 142.]
Why, therefore, has she spent the months since then taking the
BBC through the High Court to protect an MI5 informant who
attacked one partner with a machete and another partner predicted
will kill a woman if he is not challenged and exposed? One of his
victims is now taking her case to the Investigatory Powers
Tribunal, but does this not demand a fuller investigation? Rather
than disregard the interests of domestic violence victims where
the security services are involved, will the Attorney General
support an inquiry by the Intelligence and Security Committee
into the handling of this case and whether it raises wider
concerns that agents are able to use their status to evade
criminal responsibility?
The Attorney General
Of course, any allegation of domestic abuse or sexual assault on
victims is horrendous. On no account does anyone in this
Government condone that behaviour. I was very pleased with the
result at court of our application for an injunction, because
there are national security interests, and it is vital that those
are balanced in any matter.
The Government are taking huge steps to support victims of
domestic abuse. We passed a landmark piece of legislation, the
Domestic Abuse Act 2021, which brought in key measures, key
duties and investment to support those who are victims of this
heinous crime. I hope the Labour party will get behind that
ongoing work.
Serious Economic Crime
(Broadland) (Con)
4. What assessment she has made of the Serious Fraud Office’s
ability to tackle serious economic crime in 2022-23.
(Bracknell) (Con)
6. What assessment she has made of the Serious Fraud Office’s
ability to tackle serious economic crime in 2022-23.
The Solicitor General ()
In the past five years, the Serious Fraud Office has secured
reparations for criminal behaviour from organisations it has
investigated totalling over £1.3 billion. That sum is over and
above the cost of running the SFO itself. In addition to recent
convictions leading to fines and confiscation orders totalling
more than £100 million, just this week Glencore Energy has
indicated that it intends to plead guilty to seven bribery counts
brought by the SFO in relation to its oil operations in Africa.
Serious fraud is too often conducted by the powerful and the
rich, which makes it hard to investigate, difficult and complex.
That is equally the reason why we must focus on this area above
all to demonstrate equality before the law. Will my hon. and
learned Friend say how many fraud trials the SFO will conduct
this year, and the estimated value of those fraud cases? Does he
have a plan to increase that number?
The Solicitor General
My hon. Friend is absolutely right. We cannot have a situation
where, just because the fraud is complex, it is beyond the reach
of the law. That is why I am pleased that this year the SFO is
taking forward seven prosecutions involving 20 defendants on a
total of 80 counts, comprising alleged fraud valued at over £500
million. The alleged frauds include investment fraud, fraudulent
trading and money laundering.
The Solicitor General will be aware that the Serious Fraud Office
has recently suffered a series of humiliating defeats in the
courts and received heavy criticism from judges, not least in the
ENRC case last week, in which the High Court criticised a former
SFO director for
“gross and deliberate breach of duty”.
Given that the taxpayer now faces a significant bill, will my
hon. and learned Friend ensure that the report commissioned from
Sir David Calvert-Smith is published in full so that this House
can consider his recommendations?
The Solicitor General
My hon. Friend has raised two points: ENRC and the Sir David
Calvert-Smith review. Those are, of course, separate matters,
because the Unaoil matter is distinct. In respect of ENRC’s civil
case against the SFO, it is important to note that the judge
found against ENRC on the overwhelming majority of its
allegations against the SFO. My hon. Friend is correct about the
review being led by Sir David Calvert-Smith, which is focusing on
the findings of the Court of Appeal in the Unaoil case. The
Attorney General has committed to publishing the findings of the
review, and I am happy to restate that commitment today.
(Enfield North) (Lab)
Since 2016, the Serious Fraud Office has convicted just five
fraudulent companies, but it has negotiated deferred prosecution
settlements with another 11. Does the Solicitor General share my
concern that when the SFO detects corporate fraud, its instinct
is to negotiate instead of prosecuting and convicting those
responsible?
The Solicitor General
The hon. Lady is right that it is always important to be vigilant
about the point she raises, but I would make two points. First,
in looking at the deferred prosecution agreements, we should just
consider what has been achieved over the past five years: £1.3
billion has been taken off companies that have acted in a
fraudulent way, in agreements sanctioned by the courts. As I have
indicated, this year there will be seven trials in respect of 20
defendants on 80 counts, in respect of fraud worth more than £500
million. It is good news that just this week, Glencore has
indicated that it will plead guilty to serious fraud, and it will
be sentenced accordingly.
Madam Deputy Speaker ( )
I call the Chairman of the Select Committee, .
(Bromley and Chislehurst)
(Con)
May I, on behalf of my fellow members of the Justice Committee,
echo the welcome that has been given to the Prosecutor General
for Ukraine?
The prosecution of serious fraud has had significant success and
I am glad that the Solicitor General recognises that. I have
written to him in relation to the Calvert-Smith report, as many
of us believe that confidence in the system demands full
publication. Will he commit to looking earnestly and carefully at
the concerns about gaps in substantive criminal law which
sometimes create greater challenges for prosecutors in corporate
fraud cases, for example the test in relation to corporate
liability in criminal cases and whether there is a case for a
duty to prevent, as is the case in other common law
jurisdictions?
The Solicitor General
As always, my hon. Friend makes an absolutely critical point.
Yes, there are convictions taking place. We can talk about
Glencore, Petrofac and others, but he is absolutely correct that
we must consider whether the law is there to meet the changing
circumstances. The point he makes about corporate criminal
liability is one that we are looking at very closely, not least
in light of the Law Commission’s conclusions. If there are gaps
in the law, we will fill them.
Stalking and Coercive Behaviour
(Leigh) (Con)
5. What recent assessment she has made of the CPS’s ability to
effectively prosecute cases of (a) stalking and (b) coercive
behaviour.
The Solicitor General ()
Stalking and coercive and controlling behaviour are serious
crimes which disproportionately harm women. Prosecutions for both
have increased in the years since the offences were created. In
the case of coercive and controlling behaviour, they have risen
from just five in 2015 to 1,403 in 2020-21. I am pleased to say
that the conviction rate for domestic abuse cases in the last
quarter for which data is available was 76%.
The Government first legislated to deal with stalking and
coercive behaviour in 2012 and 2015 respectively. Can my hon. and
learned Friend assure me that the Government will continue to
prioritise tackling violence against women and girls?
The Solicitor General
My hon. Friend is right. Those are just two elements of violence
against women and girls. I am pleased that in the last decade the
Government have: outlawed upskirting; criminalised sending
revenge porn images; created a standalone offence of non-fatal
strangulation; passed the Modern Slavery Act 2015; introduced the
Domestic Abuse Act 2021; banned virginity testing and
hymenoplasty; and reversed the decision to automatically release
sexual offenders at the halfway point of their sentences. Those
who commit crimes against women should expect condign punishment.
Northern Ireland Protocol
(North Antrim) (DUP)
7. What recent advice she has received on the legality of the
Government’s plans to amend primary legislation to adjust
elements of the Northern Ireland protocol.
The Attorney General ()
I cannot comment specifically on any advice that I may or may not
have received. It is not uncommon or inappropriate for Law
Officers to seek advice, both from their officials and external
specialist counsel. The Foreign Secretary’s statement to the
House last week set out the Government’s proposals. She will be
introducing primary legislation to address elements of the
Northern Ireland protocol. I refer the hon. Member to that
statement.
I thank the Attorney General and I appreciate the constraints
within which she has to work on this matter. The Government are,
of course, well within their rights to bring forward legislation
to protect the integrity of the United Kingdom’s single economic
market and protect the Union. Will the Attorney General take the
opportunity today, from the Dispatch Box, to spell out to the
misinformed US Congress delegation visiting Northern Ireland that
defending, upholding and protecting the Union is consistent with
the New Decade, New Approach agreement and consistent with the
Belfast agreement? Will the Government move expeditiously—that
is, before the summer recess—on bringing forward legislation?
The Attorney General
The Bill that is proposed will take vital steps to protect the
integrity of the United Kingdom, our precious Union, and protect
peace, which is cemented by the Belfast agreement. It will
include provisions which will ensure the security of the common
travel area, the single electricity market and north-south
co-operation. It will propose that goods moving and staying
within the UK are freed of unnecessary bureaucracy through our
new green channel, underpinned by data-sharing arrangements,
including a trusted trader scheme, to provide the EU with
real-time commercial data. All those measures are consistent with
the Belfast agreement and consistent with Northern Ireland’s
place within the United Kingdom. I urge all Members here and
parliamentarians abroad to support them.
(Islington South and
Finsbury) (Lab)
The Attorney General said again today that there is a
long-standing convention that prevents her from discussing either
the fact or the content of her legal advice on the Northern
Ireland protocol, which makes it all the more remarkable that, on
Wednesday 11 May, The Times newspaper and BBC “Newsnight” not
only disclosed the fact of her legal advice, but actually quoted
from its contents. Let me ask her a very straightforward question
that requires only a yes or no answer: did she personally
authorise the briefings to The Times and “Newsnight” regarding
her advice on the protocol—yes or no?
The Attorney General
I take the convention incredibly seriously; it is a running
thread through the integrity, robustness and frankness with which
Law Officers can provide advice. I do not comment on media
speculation, and that is the Government’s line. [Interruption.]
The measures proposed there are to protect peace in Northern
Ireland, to protect the Belfast agreement and to protect our
precious United Kingdom—[Interruption.]
Madam Deputy Speaker ( )
Order. The question has been asked. It is simply not right for
the—[Interruption.] The Attorney General is on her feet uttering
words. If the right hon. Member for Islington South and Finsbury
() is not happy with the
answer, that is a different matter. It is not correct for her to
sit there shouting. [Interruption.] No, that is it. The right
hon. Lady has asked the question and the Attorney General is
giving her response.
The Attorney General
Thank you, Madam Deputy Speaker. I take the Law Officers’
convention incredibly seriously and I do not comment on media
speculation. That is a firm position of the Government. There are
big differences between the right hon. Member for Islington South
and Finsbury () and myself, and I am very
disappointed at her line of attack. [Interruption.] I love the
United Kingdom; the right hon. Lady is embarrassed by our flag. I
am proud of the leadership that the United Kingdom has
demonstrated; she wants us to be run by Brussels and wants to
scrap Trident. My heroes are Churchill and Thatcher; hers are
Lenin and Corbyn. [Interruption.] When it comes to UK leadership
in the world, Labour does not have a clue—[Interruption.]
Madam Deputy Speaker
Order. We will stick to the specific subject of the question. If
the right hon. Member for Islington South and Finsbury is not
satisfied with the answer, that is another matter. She will have
to come back and ask it again another time.
May I raise a point of order, Madam Deputy Speaker?
Madam Deputy Speaker
No, I cannot take a point of order in the middle of questions.
(Lanark and Hamilton East)
(SNP)
The Attorney General’s advice to the Prime Minister was reported
to have said that the Good Friday agreement takes “primordial
significance” over the Northern Ireland protocol. Does she accept
that the Good Friday agreement sits alongside other
agreements, rather than takes precedence, and that it should not
be used as a basis to walk away from the deal that the UK
Government signed? Will she commit to publishing the legal advice
in full?
The Attorney General
I will not repeat my answer, but we do not comment on media
speculation and I respect and take incredibly seriously the Law
Officers’ convention. The Foreign Secretary has made it clear
that the Government will publish a statement summarising their
legal position shortly. We will not publish legal advice, if it
has been given—the content or the fact of it—and our overriding
responsibility is to the Belfast agreement and the peace process.
The current arrangements with the EU are undermining this, which
is why we have to act now.
