Oral Answers to Questions

Robert Buckland Excerpts

Thursday 15th October 2015 Commons Chamber

[Karl MᶜCartney (Lincoln) (Con)]

8. What steps the Crown Prosecution Service has taken to improve the conviction rate for rape and domestic violence in the last two years.

[The Solicitor General (Robert Buckland)]

This year, more cases of violence against women and girls have been referred from the police, charged, prosecuted and convicted than ever before. The work undertaken by the Crown Prosecution Service and the police on rape and domestic abuse culminated in the highest volumes ever of prosecutions and convictions in 2014-15.

[Karen Lumley]

In the West Mercia region, in which my constituency is located, we have seen the rape crisis go up this year to 700 from 400 cases. Can my hon. and learned Friend assure me that we are doing everything we can to make sure that these people are prosecuted?

[The Solicitor General]

CPS West Midlands has a specialist rape and serious sexual offences unit in recognition of the increasing volume of rape and serious sexual offences reported. CPS West Midlands has increased the size of the unit and the team continues to work very closely with the police, victims groups and the independent Bar to ensure that strong cases are built and witnesses looked after.

[Karl MᶜCartney]

I thank my hon. and learned Friend for his original answer. Has he brought forward any specific steps to support an increase in convictions where men are the victims of rape or domestic abuse?

[The Solicitor General]

I am grateful to my hon. Friend for that question, and let me assure him that when it comes to the prosecution of rape and serious sexual offences, it applies equally to men as to women. Boys, of course, can also sadly be the victims of sexual abuse. Sentencing guidelines, of course, draw no distinction of gender, and neither should the investigation or prosecution of offences.

[Andrew Gwynne (Denton and Reddish) (Lab)]

Despite claims of the highest number of convictions ever, the fact is that in the last year the number of convictions for rape, domestic abuse and other serious sexual offences has fallen. What is the Solicitor General going to do to turn those worrying figures around?

[The Solicitor General]

I think the hon. Gentleman means that the rate has fallen slightly. I think it important to continue to prosecute more and more of these cases. For too long, many victims have found that their cases have not even been brought to court. Looking at the analysis of rape convictions, I am encouraged to see that the number of convictions that have not been brought because of a prosecution failure is reducing, so drilling down and looking at the reasons for the non-convictions is very important. We have to continue progress in that direction.

[Catherine McKinnell (Newcastle upon Tyne North) (Lab)]

Successfully prosecuting rape and domestic violence cases clearly requires a properly resourced CPS, yet the budget has been slashed by 25% since 2010 and the rate of ineffective and cracked trials owing to prosecution issues is at a five-year high. With senior respected personnel leaving and expressing grave concerns, do the Solicitor General and the Attorney General really believe that the CPS can sustain more cuts on the same scale and still deliver justice?

[The Solicitor General]

I am afraid that the hon. Lady is in error when she suggests that the number of ineffective trials is at an all-time high. As I have said, the number of cases being prosecuted continues to increase, and there is no question of prosecutions not being brought because of a lack of resources. Rape and serious sexual offences units are well resourced, and they will continue to be resourced by the CPS.

[David Mowat (Warrington South) (Con)]

5. What steps he plans to take to protect child witnesses in sex abuse and other cases from intimidation during cross- examination.

[Mark Menzies (Fylde) (Con)]

11. What recent steps the Crown Prosecution Service has taken to improve its engagement with and support for vulnerable witnesses.

[The Solicitor General (Robert Buckland)]

The defence case has to be put to all prosecution witnesses, but in order to ensure effective cross-examination, a mandatory advocacy course for all defence advocates is being developed and will include the cross-examination of vulnerable witnesses. Pre-recorded cross-examination has already been piloted successfully, and we are committed to a national roll-out.

[David Mowat]

In 2011, at Stafford Crown court, a victim of child abuse was cross-examined in a vicious and intimidatory way for 12 days by a team of seven barristers, during a session in which the judge was generally thought to have lost control of the courtroom. Such cross-examination is a massive disincentive for others to come forward. Four years later, may I ask what steps have been taken to prevent it from happening again?

[The Solicitor General]

I well remember that case. The good news is that in the retrial matters were handled very differently, and the outcome was successful. However, intimidatory cross-examination should not happen. Judges have a duty to ensure that young witnesses are not cross-examined inappropriately. As I have said, a new advocacy course is being developed to ensure that that sort of abuse does not happen again.

[Mark Menzies]

Will the Solicitor General tell us what the CPS is doing to help vulnerable witnesses, such as victims of human trafficking, to give evidence in courts?

[The Solicitor General]

Recently, the CPS drew up new guidelines for the care of witnesses in court. Those guidelines are currently being piloted and will be rolled out nationally in the new year. They will go a long way towards supporting witnesses, while avoiding the dangers of coaching witnesses in the giving of evidence, which, of course, would not be desirable.

[Jim Shannon (Strangford) (DUP)]

In the last few years, it has become clear that a great many young people have been sexually abused over a number of years and are traumatised by that abuse. Can the Solicitor General assure the House that the necessary resources are available so that the young people in all those cases can be looked after?

[The Solicitor General]

I can reassure the hon. Gentleman. As I have said many times before, when it comes to the protection of vulnerable witnesses and complainants in criminal cases, the CPS is always working to improve its processes so that the experience can be as smooth as possible. What we do not want is a repeat, in effect, of the abuse that those people originally suffered when they come to court and give evidence.

[John Howell (Henley) (Con)]

14. Operation Bullfinch, in Oxford, introduced a number of radically different procedures for coping with vulnerable witnesses. What lessons have been learnt from that?

[The Solicitor General]

I know that my hon. Friend has a long-standing interest in improving the processes as a result of that case, which helped to revolutionise the way in which the investigatory authorities all work together. There have been a number of other successful investigations in his own police area, which are helping to improve national practice, and there is a much greater understanding across the country of the way in which such cases can be effectively prosecuted.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

6. Whether future military action using drones overseas will require his approval.

--- Later in debate ---

[Tom Pursglove (Corby) (Con)]

7. What steps the Crown Prosecution Service is taking to ensure that court time is not wasted.

[The Solicitor General (Robert Buckland)]

The listing of court cases is a judicial function and a responsibility of Her Majesty’s Courts and Tribunals Service, but when cases are listed the CPS takes steps to make sure the prosecution case is properly prepared and ready for an effective court hearing so the time set aside is fully utilised.

[Tom Pursglove]

I thank the Minister for that answer, but during a visit to Corby magistrates court I was shocked to hear about how much court time is wasted owing to the CPS not having its case together in time for when it is scheduled. Does the Minister agree that it is unacceptable for cases that are not complete to be brought to court? We really do need to get away from this; it is unacceptable and it wastes not only time but money.

[The Solicitor General]

I am grateful to my hon. Friend for his question. I know he works very hard with his local courts service. A lot of innovation with regard to transforming summary justice and the increasing use of digital processes is leading to quicker timescales, much more effective first hearings and a more efficient use of court time, so I think he has reasons to be optimistic.

[Several hon. Members rose—]

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Thank you, Mr Speaker.

A constituent of mine who is a very competent manager recently did jury service. He said the court system was medieval and it was about time someone came in and organised it better, managed it better and gave a real return to the taxpayer, with better justice delivered quickly.

[The Solicitor General]

I am grateful to the hon. Gentleman for his question. After many years in the courts system myself, I understand his constituent’s concerns. The good news is that a lot of work is being done to digitise the paperwork so that time can be saved. Already there is a new proposed roll-out next year, which will co-ordinate the way in which the courts work with the CPS and other agencies so the sort of delays that irritated his constituent can be reduced and removed.

[Graham Evans (Weaver Vale) (Con)]

9. What steps the Crown Prosecution Service is taking to increase the number of successful prosecutions for human trafficking offences involving forced labour.

[The Solicitor General (Robert Buckland)]

In advance of the introduction of the Modern Slavery Act 2015 the CPS delivered joint training with the police and issued guidance to strengthen prosecutions. In forced labour cases the CPS also encourages prosecution for other offences such as trafficking for forced labour, money laundering, benefit and mortgage fraud, tax evasion and Gangmasters (Licensing) Act offences.

[Graham Evans]

Given the sheer number of refugees fleeing the conflict in Syria, taking action against human traffickers is of the utmost importance in protecting some of the world’s most vulnerable people. What steps is my hon. and learned Friend taking to improve the confiscation of the proceeds of exploiting migrant workers into modern-day slavery?

[The Solicitor General]

I know that my hon. Friend has a long-standing interest in this issue. The Crown Prosecution Service is helping to improve the situation by building capacity and capability in other countries, because this is an international problem. This is being done by better linking the work of the regional asset recovery teams with that of the human trafficking investigators, so that financial investigation can become sharper and more efficient.

[David T. C. Davies (Monmouth) (Con)]

13. My hon. and learned Friend has outlined what is being done on an international basis. Will he go further and confirm that the Immigration Bill, which had its Second Reading this week, will help to tackle this disgraceful problem at a domestic level?

[The Solicitor General]

The Minister for Immigration and I have the duty of taking that Bill through its stages in this House, and I can assure my hon. Friend that its provisions will dovetail well to improve the range of tools that the authorities have to protect victims of trafficking and prosecute perpetrators.

The Minister for Women and Equalities was asked—

Alun Richards and Kashif Shabir: SFO

Robert Buckland Excerpts

Wednesday 16th September 2015 Westminster Hall

[The Solicitor General (Robert Buckland)]

It is a great pleasure to serve under your chairmanship, Mrs Main. I pay warm tribute to the hon. Members for Cardiff Central (Jo Stevens) and for Ogmore (Huw Irranca-Davies) for bringing this important debate to the Chamber and for having not only the courtesy but the sense of co-operation to approach me before it so that I could clearly understand the cases that would be raised. I hope, in the light of that, to offer an appropriate response. My response has to be calibrated bearing in mind the nature of the office I hold and the importance of having an independent prosecutorial service, and I know that Members on both sides of the House understand that.

I also pay tribute to the hon. Member for Newcastle upon Tyne North (Catherine McKinnell) and welcome her to her post as shadow Attorney General. I was delighted to hear her remarks. Although no doubt we will disagree about some issues, I am sure we will be able to work constructively together in the finest traditions of the Law Officers and shadow Law Officers, and their unique role within Government.

The issues that have been raised—it is almost axiomatic, but it is important to say it—are important. They are wide-ranging and the presence of the hon. Member for West Bromwich West (Mr Bailey) has been helpful, because, as he reminded us, he was the Chair of the Business, Innovation and Skills Committee that took oral evidence in March. I am grateful to him for coming to the debate. He will appreciate that issues of regulation are for other arms of Government, but one function of debates such as this is for the House to hear the bigger picture, so that all arms of Government are fully aware of Members’ concerns.

The hon. Member for Cardiff Central asked for a general review. As she will know, there have been a number of reports and reviews on specific aspects of this type of alleged misconduct. We heard reference to the Tomlinson report, which, in itself, gave rise to what is termed the skilled persons report under section 166 of the Financial Services and Markets Act 2000. That report is due to be produced at the end of the year. It relates to another bank, but the type of alleged activity is highly germane to the issues that we have been discussing.

I hope that hon. Members will forgive me for confining myself to the debate’s terms of reference. What I aim to do, first, is to offer strong reassurance to hon. Members about the importance with which the SFO regards all allegations and the threshold test that it must apply.

I listened to the shadow Attorney General’s remarks with great interest. I disagree with her about the very nature of what is a demand-led service and the importance of having blockbuster funding to allow for the flexibility that the SFO needs, in terms of hiring or engaging staff, and larger numbers of staff at different times, particularly to deal with finite inquiries. There is also the impracticability of maintaining very large staffing numbers at all times because of the inevitable pressures that will exist upon its budgets, whatever the economic weather. With respect, the point that the hon. Lady was missing was the terms of reference within which the SFO was set up, and it is important to remind the House about those, because they are highly germane to the test that has to be applied to all allegations of fraud.

Those of us with a long memory will remember the Roskill report of 1986. It was groundbreaking because it made important recommendations about the investigation of serious fraud that gave rise to the Criminal Justice Act 1987. The Roskill model, which was the embedding of investigators and prosecutors together in one group, gave rise to the Act and setting up the Serious Fraud Office.

The sort of cases that the SFO deals with are what I, and I think all of us, would regard as the very high-profile, big-risk cases involving huge sums of money, large numbers of victims or new types of fraud, whether the manipulation of LIBOR rates, or allegations involving major companies such as GlaxoSmithKline, Barclays, Tesco and Rolls-Royce. This is a particular type of serious fraud for which the threshold has to be high and, in fact, it is set out in the Act. We therefore have to recognise that, sadly, not all cases of alleged fraud are going to fall to the SFO to investigate. As I said, it can only formally commence investigation if the criteria and circumstances set out in legislation are met.

The police have the primary responsibility for investigating crime here, and Action Fraud has been established as the national reporting centre to which reports of alleged fraud should be referred in the first instance. The SFO’s role is limited to the investigation and prosecution of cases of serious and complex fraud. However, I can assure the House that when referrals are made to it, a member of the SFO assesses every single one. That task is not to be underestimated. The vast majority of referrals to the SFO are not about matters that it can properly investigate, but it takes every single referral seriously, and it will give each one due consideration and pass on details to other agencies that may be more suited to dealing with it or placing particular cases. It also retains the material that it has been given, using that for intelligence purposes to help inform other agencies and, indeed, sometimes in its own work to identify those top-tier cases that are appropriate for it to investigate.

[Huw Irranca-Davies]

I thank the Minister for the helpful way in which he is laying out his points. He mentioned the threshold test. If evidence was to be gained that this went beyond two individual cases and that there were far more, would it pass the threshold test? If that is the case, rather than relying on the CPS or on individual prosecutions, would it be, in the light of the questions asked by my hon. Friend the Member for Cardiff Central, appropriate—or, in fact, necessary—for the SFO to make inquiries of Lloyds, RICS, and Alder King in relation to how many examples of conflict of interest and potential financial gains along the way this could affect? If we are talking about thousands of people—my apologies for the length of this intervention, Mrs Main—I suspect we are in SFO territory.

[The Solicitor General]

I hope that the hon. Gentleman can be forgiven for the length of his intervention, because he asked a very pertinent question. Although I cannot prejudge the precise parameters of what might happen in the future, circumstances may well change, and the SFO, keeping matters under review as it does, would then have to be guided by that change in circumstances. In other words, we cannot rule that possibility out. It would be wrong of me to do that.

Dealing, then, with the specific allegations, I have to acknowledge that it would be unusual for me to comment in detail about allegations either leading towards an individual or made by an individual or a company, but I am aware of course that Mr Shabir and Mr Richards have raised their allegations with a wide range of people and organisations, and I do not underestimate their importance. The two gentlemen clearly have had a very difficult time. The consequences of what has happened are extremely serious for them. That said, I have to stress that these remain allegations. It is not for me to comment on their merits or whether they are well founded. I have to acknowledge the effect of allegations that are made, and that is an important point when discussing them in a public forum such as this. Those are the constraints within which I think I should operate.

Although Mr Shabir and Mr Richards have presented their cases together, they are making slightly different allegations. It is right to say, as has been said in the debate, that the SFO has met the gentlemen on more than one occasion; the allegations have been considered in great detail; and there has been close liaison with other law enforcement agencies and regulatory bodies to gather any relevant material that they may hold. However, the SFO has explained to both gentlemen that their cases, individually, would not meet the threshold and would not be investigated, because as stand-alone allegations, they do not come into that top tier. That has been made clear. We have already—I am grateful to the hon. Member for Ogmore—started to outline and discuss what might or could happen to change that position, but that is the status quo.

I have said that it is important to recognise that the SFO does not investigate every case of alleged fraud—that is not its purpose—and I know that despite referrals to other organisations, no proceedings have yet been brought. However, the material provided by Mr Richards and Mr Shabir is being kept or has been kept under active consideration by the Serious Fraud Office, and this matter is kept under review as new information may arise. It is not a closed file, but obviously at this stage the threshold has not been reached.

This is exactly what the SFO should be doing. It is seeking to make intelligent and intelligence links to identify cases of serious or complex fraud. To seek to investigate every case would defeat its purpose and overwhelm its resource, and frankly it would have no statutory footing on which to do so. I argue strongly that the current director has demonstrated that he is prepared to take on difficult and high-profile cases. The seriousness of the investigations to which I have referred will, I hope, demonstrate to hon. Members the sort of case that the SFO should be taking on. In other words, the office has a specific role that Parliament has given it. If the SFO can put all these allegations together with other intelligence to establish a case of serious or complex fraud, it will do so, and that is why it has decided to keep this significant matter under review.

Oral Answers to Questions

Robert Buckland Excerpts

Thursday 2nd July 2015 Commons Chamber

[James Berry (Kingston and Surbiton) (Con)]

12. What steps the CPS is taking to ensure its prosecutors will be able successfully to prosecute the criminal offence of forced marriage.

[The Solicitor General (Robert Buckland)]

The first successful prosecution using the new offence of forced marriage was recorded earlier this year. Previously, the Crown Prosecution Service had to use offences such as assault and kidnap to address this serious issue. The CPS has provided legal guidance and learning support to its prosecutors on cases of forced marriage to raise their awareness of the issues involved, which includes the important work of joint workshops with the police in every CPS area to tackle this menace.

[Bob Blackman]

I thank my hon. and learned Friend for that answer. Clearly, we want to rid society of this scourge. Will he update the House on how many prosecutions have been brought to court and how many are in the pipeline?

[The Solicitor General]

From 2010, particular offences that involve forced marriage as a key element have been flagged by the CPS. I am happy to report that the volume of completed prosecutions in the last year, 2014-15, rose to 46, the highest ever. There is more work to be done, but the progress is encouraging.

[Graham Evans]

Forced marriage is a scourge across many communities in the UK and I welcome the work undertaken by the Government on the Modern Slavery Act 2015. Will my hon. and learned Friend update the House on the work being carried out to bring this scourge to an end? What advice has been provided to young men and women who might be at risk of forced marriage?

[The Solicitor General]

The joint Home Office and Foreign and Commonwealth Office forced marriage unit, which has been in operation for about 10 years, provides free and confidential advice on the dangers of being forced into marriage and the precautions that can be taken. It operates both here and overseas and last year gave advice and support in nearly 1,300 cases. I commend its work to the House.

[James Berry]

I declare an interest, as a barrister. What is the CPS in London, where my constituency sits, doing to embed best practice for the prosecution of forced marriage?

[The Solicitor General]

I welcome my hon. Friend to the House. He brings a wealth of legal experience and I am grateful to him for his interest. He mentioned joint training courses; 14 London prosecutors attended last year’s joint training course, held with the Metropolitan police on forced marriage, honour-based violence and female genital mutilation. There is a specialist team of about 25 lawyers in London dealing with all Crown court cases that include elements of forced marriage and there are similar arrangements in magistrates courts.

[Keith Vaz (Leicester East) (Lab)]

Of the 1,271 cases, 11% involve victims who are under the age of 16. In the last Parliament, the Select Committee on Home Affairs specifically asked the Education Secretary to write to every headteacher to make them aware of this problem, especially before the summer holidays. Has this been done? If not, can it be done?

[The Solicitor General]

I do not have the information on whether that letter has been written, but I very much appreciate the importance of cross-governmental working to deal with this issue and, indeed, many others that, as the right hon. Gentleman knows, are cultural and need to be tackled head on rather than ignored.

[Helen Jones (Warrington North) (Lab)]

Given that the forced marriage unit, which the Solicitor General rightly commended, is offering advice on some 1,300 cases, we are clearly only touching the tip of the iceberg with the number of cases that come to court. Is he certain that Crown prosecutors have the resources they need to deal with these complex cases and adequate training to understand the cultural and family backgrounds that might lead to victims wanting to withdraw the case?

[The Solicitor General]

The hon. Lady makes a proper point. I can reassure her that the degree of training and, importantly, the joint training that goes on with the police is very much understood by the Crown Prosecution Service. It applies not just to forced marriage, but to a range of offences in which cultural barriers and other issues can make it difficult for victims to come forward. It is well understood and I am glad to see that numbers continue to increase, but of course more work needs to be done.

[Jim Shannon (Strangford) (DUP)]

Since the Modern Slavery Act came into force, there has been some limited success, but more has to be done to protect victims. What has been done to train staff in the public agencies to spot forced marriages?

[The Solicitor General]

I have dealt with training within the CPS and the police, but the hon. Gentleman makes a proper point about third-party agencies. In the case of young people it is an issue of safeguarding. Forced marriage is a form of child abuse and must be recognised as such. All agencies should be alert to this manifestation and make reports promptly and comprehensively.

[Nick Thomas-Symonds (Torfaen) (Lab)]

Does the Solicitor General agree that the number of successful prosecutions on forced marriages, as with other offences, depends on there being a sufficient number of prosecutors with the time to make individual judgments on cases and to prepare properly for trial? Does the hon. and learned Gentleman agree that cutting the number of prosecutors in this Parliament and cutting funding for the Crown Prosecution Service is likely to be counterproductive?

[The Solicitor General]

I welcome the hon. Gentleman to his place—another experienced lawyer. The work that has been done by the Crown Prosecution Service in the past five years in removing excessive expenditure in the back office and concentrating on the front line has yielded results. I am absolutely confident that issues of resource will never get in the way of the proper investigation and prosecution of such allegations.

[Nick Smith (Blaenau Gwent) (Lab)]

3. What his future funding proposals are for the Serious Fraud Office; and if he will make a statement.

[The Solicitor General (Robert Buckland)]

The Serious Fraud Office is a small and demand-led organisation that comprises investigators, prosecutors, accountants and other specialists. The model, which is known as the Roskill model, gives the director of the SFO the flexibility to have the right combination of expertise to tackle the most complex and large cases. The current blockbuster funding approach allows him to take on cases that are exceptionally demanding in terms of resource, such as the LIBOR case, while avoiding the need constantly to maintain high levels of permanent staff, which are not always necessary.

[Nick Smith]

The SFO going cap in hand to the Treasury when it wants to take on a major case could mean delaying justice. Why not let moneys recovered by the SFO be kept by it so that it has autonomy?

[The Solicitor General]

Attractive though that proposal sounds—I take it in the constructive spirit that I know the hon. Gentleman intends—my worry is that that is an even more uncertain means of funding the SFO. The advantage of blockbuster funding is that it allows the SFO the flexibility it needs, allows significant amounts of money to be allocated to its work, and proves the point that funding will never be a bar to the work of the SFO in investigating serious fraud.

[Mr Speaker]

I think the Solicitor General is telling us that he is not all that keen on the idea, if one interprets the lawyer-speak.

[Alex Chalk (Cheltenham) (Con)]

Installing temporary IT equipment in courts for SFO prosecutions is eye-wateringly expensive and a drain on SFO resources. Does the Solicitor General agree that we need to look again at this issue to establish whether the taxpayer is getting value for money?

[The Solicitor General]

Yes.

[Mr Speaker]

Splendid fellow!

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The Solicitor General may know of my long-term interest in this matter. We all want a Serious Fraud Office that is fit for purpose; this Serious Fraud Office is not. We go back to the catastrophe that was the daft prosecution and dawn arrest of the Tchenguiz brothers. As he knows, if we have a weak SFO, it relies on accountants, such as Grant Thornton. That is not a healthy relationship for the SFO.

[The Solicitor General]

The hon. Gentleman is right to refer to previous failures, but things have moved on considerably in the right direction since the appointment of the current director in 2012. It is important that we give our full-throated support to the work of the SFO because, as the hon. Gentleman says, if there are doubts about the integrity and efficacy of that important arm of the prosecutorial authorities, we are in serious trouble indeed. I hope he will recognise that progress is being made.

[Mr Philip Hollobone (Kettering) (Con)]

Progress might be being made, but why is the SFO not performing better than it is, and what international comparisons have been made to identify better examples that it could follow?

[The Solicitor General]

I do not have chapter and verse on international comparators today for my hon. Friend, but I am more than happy to have that discussion with him. The Roskill model, which allows prosecutors and investigators to work hand in hand, is essential when it comes to this type of offending. It works and it must continue to be supported. Whatever the framework within it, that model of investigation is very important.

Crown Prosecution Service

Robert Buckland Excerpts

Tuesday 23rd June 2015 Westminster Hall

[The Solicitor General (Robert Buckland)]

It is a pleasure to serve under your chairmanship, Mrs Main. I congratulate the hon. Member for Erith and Thamesmead (Teresa Pearce) on securing this debate. I am never clear when there is a Division whether we are given injury time in the form of an extra 15 minutes. If so, be warned that I might have to use it all, because I want to ensure that I refer to the excellent contributions made by Members from all parties.

It is perhaps right of us—it is certainly right of me, as one of Her Majesty’s Law Officers—to remind the House why the Crown Prosecution Service was set up 30 years ago: to deliver justice for the public through the independent prosecution of crime across England and Wales. I was interested in the comments of the hon. Member for Angus (Mike Weir) about the question of independence, which is at the heart of how the criminal justice service in England and Wales operates. There are parallels between the work of employed prosecutors in Scotland and those employed by the CPS in England: while prosecutors remain in the employ of the service, conflicts should not and cannot arise, but where we have an independent referral service, such as the Bar of England and Wales, the independence and objectivity that it can bring to often difficult and sensitive cases is without parallel in the western world.

We should celebrate that, as well as the work of Crown prosecutors the length and breadth of England and Wales, and all the support staff who work so hard in offices and courts throughout the country. I speak with 20 years’ experience as a prosecutor who has worked closely with the CPS, particularly in Wales, dealing with a wide range of serious crime. I not only cherish that experience, I find it incredibly useful in my work as a Law Officer.

I am delighted to welcome not just to this debate but to this House new Members with similar experience of the criminal justice system. We have two in the room today—my hon. Friend the Member for Cheltenham (Alex Chalk) and the hon. and learned Member for Holborn and St Pancras (Keir Starmer), to whose excellent speech I will return—but it would be wrong of me not to refer as well to the hon. Member for Torfaen (Nick Thomas-Symonds), who went down a more civil path in his career at the Bar but reminded us of his early days, an experience that I think several of us have shared.

The hon. Member for Neath (Christina Rees), of course, is also a qualified member of the Bar, which should be put on record. I am grateful to her for her contribution, albeit on an issue that is perhaps more within the purview of the Ministry of Justice. The delivery of justice is achieved by working with other agencies, and her contribution brought that into perspective. Although the CPS is a large cog in the system, it is but one part of that system; it must work with the police and court system to ensure that criminal cases are brought not only to court but to a conclusion.

The test that is applied is one that loads of us who are close to the service can probably recite in our sleep, but it is none the less important to remind ourselves of it. It is the two limb test. First, is there a realistic prospect of a conviction? Secondly, is it in the public interest to bring the prosecution? I hope that answers somewhat the criticism made by the hon. Member for Angus about the bringing of cases by the CPS that have not ended in a successful conviction and that have, in his words, brought into question the reputation of the service. With respect to him, if the CPS were to adopt a test involving risk of acquittal, no cases would ever be brought, because there will always be a risk of acquittal in taking a case to court. That should not deter Crown prosecutors from doing their job.

[Mike Weir]

I agree entirely. I was merely making the point that there have been some high-profile cases in which convictions were not secured, and perhaps some in which the evidence was shaky at best. That has reflected on the CPS in the public mind. It is not a criticism of the CPS; I understand that not all cases are successful, and not all cases should be.

--- Later in debate ---

[The Solicitor General]

I am sorry to disagree with the hon. Gentleman, but therein lies the problem. If we as politicians and commentators start making such value judgments, we undermine confidence in the independence of the prosecutorial system. We must trust an impartial and objective application of the threshold test. Any questioning of that causes me and many others great concern about the integrity of our prosecutorial system.

[Keir Starmer]

Does the Solicitor General agree that, when a case is charged and the judge decides that there is a case to answer, that case is properly brought, even if there is an acquittal? It is important to our criminal justice system that we adhere to that. The mere fact that a case, high-profile or otherwise, does not end in a conviction is not a test of whether the charging decision was right or wrong. A better test is whether the judge left it to the jury. If that is so, it normally means that the case should have been brought.

[The Solicitor General]

I am grateful to the hon. and learned Gentleman. He presages the point that I was going to make about sufficiency, and about the checks and balances throughout the court process. Arguments can be made about the sufficiency of the evidence at the beginning of a case, at the end of the prosecution case, and, indeed, in some rare circumstances whereby judges withdraw cases from juries—it does not often happen—at the end of defence cases, but the power remains.

In making such criticisms, we are also in danger of calling into question the jury process and indeed the whole system, which is so integral to the rule of law in this country. I was asked—rhetorically, perhaps, but I will give an answer—what strategy this Government have. It is a criminal justice system that upholds the rule of law, enhances public confidence in the system and ensures that there is a consistent approach to bringing cases and sentencing, so that the public feel confident and are protected by due process within the system. That is nothing new—it has been with us for generations—but this Government believe in it as passionately as previous Governments, of whatever colour.

I want to deal with each contribution in turn, but particularly with the opening speech by the hon. Member for Erith and Thamesmead and her experience of giving evidence in a trial. It does not sound to me as though best practice was followed in her case. I am glad she has brought it to the attention of the House, because those with responsibility for the administration of justice, not only in the magistrates court in Bexley but elsewhere, will do well to remember that the housing of witnesses for the prosecution with either defendants or their families is wholly inappropriate and leads to all sorts of complications that I need not recite here.

[Nadine Dorries in the Chair]

The hon. Member for Erith and Thamesmead asked specific questions about witness care officers. I accept that the numbers have been reduced in line with other staff reductions, but, importantly, those reductions have been accompanied by reforms to better target our limited resources to help witnesses who are intimidated or vulnerable, and those who are in greatest need. Even more is being done with regard to the change of culture to which my hon. Friend the Member for Cheltenham referred. For example, the Government are now improving access to information for victims through the new online and telephone-based victim information service that was launched in March. The increasing commissioning of victims’ services through local police and crime commissioners will create a more responsive service—a more localised service—that I do not believe will create a postcode lottery, but will emphasise best practice from which other areas can learn. Although I accept there have been reductions in expenditure, the change in culture that everybody in the system—counsel, solicitors, and lawyers in their role in explaining matters and reassuring and supporting witnesses and victims—has experienced continues to grow.

[Alex Chalk]

On precisely that point, if counsel apply the victims’ charter and explain the situation to witnesses and victims as they come to court, it can have an extraordinary impact on how they end up viewing the criminal justice system, and it does not cost a penny.

[The Solicitor General]

Very much so. A lot of us who pioneered such work in the ’90s now find that a lot of what we said and believed then is becoming standard practice, and that is absolutely right. We have heard reference to the victims’ right to review, and, as was made clear in an intervention on the hon. Member for Rochdale (Simon Danczuk), there is an ongoing process in relation to a particular case that means that it would be inappropriate for me to comment on it. However, I hear what the hon. Gentleman says, and I will come back to his point about historical child sexual exploitation in a moment.

Importantly, the new victims’ right to review scheme that was established last year gives victims a further opportunity to ask the Crown Prosecution Service, with the help of independent advice, to consider again the merits of particular decisions. So far, between June 2013 and the end of September last year, 263 decisions have been overturned by the new system. It is a small proportion of the number of Crown Prosecution decisions that are made, but it is an extra safety valve that goes a long way, as I said in relation to our strategy, to enhance public confidence in the criminal justice system.

I have referred en passant to the hon. Member for Rochdale, who talked with his usual power about child sexual exploitation. It is a national emergency. I entirely agree with him, and so do the Government. The way in which complainants were dealt with historically in towns such as Rotherham and the town that he represents was wrong. There was far too much emphasis on the reliability of the individual witness, who was often very young and vulnerable, rather than an overall view of the merits of the case. That is rightly acknowledged to have been an incorrect approach. The thrust of the work being carried out by the Crown Prosecution Service now very much reflects the fact that lessons have been learnt, and there are a number of marked successes when it comes to convictions in such cases. A number of so-called celebrities have rightly been brought to justice, and young victims in larger conspiracy-based cases involving many young and vulnerable complainants have now had their voices heard, as the hon. Gentleman says, and can now see that some justice has been brought in order to help them get on with lives that have been torn asunder by the abuse that they suffered.

The hon. Member for Torfaen rightly talked about pressure and efficiency and how decisions are to be made where there is a reduction in the number of lawyers. The way to measure that is by looking at some of the efficiency measurements that the CPS has conducted. The percentage of guilty pleas at first hearing is a good measurement, because that clearly demonstrates that there has been an excellent level of pre-trial and pre-plea preparation in terms of case management, which means that the evidence has been presented clearly and that those advising defendants can confidently tender advice in a proper way. The percentage of guilty pleas at first hearing has increased from 63.4% in 2010-11 to 70.6% in the last financial year. That is a significant increase.

Another vital piece of information relates to the percentage of magistrates court proceedings that are dropped at a third or even fourth or fifth hearing. That percentage has fallen from 44.2% to 34.1%. In the Crown court, cracked and ineffective trials owing to prosecution failure have fallen from 18.2% to 13.5%. That shows that those who are responsible for decision making and case preparation in the CPS are rising to the challenge and yielding significant results. I pay tribute to chief Crown prosecutors in regions such as the west midlands and the south-west for understanding the importance of the management of the huge volume of cases that come across the desks of prosecutors week in, week out, and for making sure that further improvements are made so that, from the CPS’s point of view, they are doing everything they can to ensure that the Courts Service is efficient.

It would be churlish of me not to put on the record my grateful thanks for the service of the hon. and learned Member for Holborn and St Pancras as Director of Public Prosecutions. He came in at a time when the service already knew that it would face important financial challenges under his stewardship, and he managed them admirably. It is in no small part due to the leadership that he showed that the sorts of figures I have been able to bring to the debate today, and the improved efficiencies in the CPS have been achieved. We are grateful to him.

The hon. and learned Gentleman asked about strategy, and I have given him the answer that I think needs to be set out. He also talked about lines of sight and the risks being run with regard to the impact of reduced resources at a time when it is clear that case loads are increasing. I agree with him: case loads are increasing. We have more terrorism cases and an increase in child sexual exploitation cases. He is right to ask questions. I can reassure him that, as in his day, there continue to be regular meetings between the Director of Public Prosecutions and chief Crown prosecutors to ensure that the current director is fully aware of the impact of changes in case load and resources on individual CPS areas. Further to that, both the Attorney General and I regularly meet the CPS’s director and its chief executive, Peter Lewis, to discuss a range of measures that crucially include resources and its case load mix.

[Karl Turner]

In discussions the Solicitor General has had with the Director of Public Prosecutions, has she mentioned to him and the Attorney General that the CPS urgently needs £50 million now to prosecute historical sex cases properly? What representations has he made to the Chancellor about that?

[The Solicitor General]

I wanted to come on to finance and I can reassure the hon. Gentleman that the CPS continues actively to discuss its requirements and resourcing pressures with the Treasury. The idea that somehow there is a nonchalant, sit-back approach to that is wholly wrong.

I hope that the hon. Gentleman is reassured that not only are the pressures understood, but discussions continue at the highest levels of Government with regard to making sure—[Interruption.] I reassure him that when it comes to the prosecution of serious crime, whether terrorism or child sexual exploitation, the question of resources does not come into it. What does come into it is the threshold test that I referred to at the beginning of my speech.

The CPS continues to look at the impact of resource changes and it is working with colleagues in the Treasury as part of the ongoing spending review. It would not be appropriate for me to prejudge the outcome of that review. The debate is timely and I accept that Members are impatient, but that is where we are on the ongoing pressures and risks that the hon. and learned Member for Holborn and St Pancras talked about.

[Alex Chalk]

On resources, is it not right that where there is a specific need, the Government will step in? There is no clearer example of that than when the Serious Fraud Office had to consider whether it had sufficient resources to go after so-called LIBOR fraudsters and money was found for detailed and complex investigations. When there is a need, resources are delivered.

[The Solicitor General]

I think my hon. Friend was talking about blockbuster funding and the SFO. It would be invidious of me to make direct comparisons, but that point is very well made indeed.

On finance, I hope to demolish the hon. Member for Kingston upon Hull East’s attractive but somewhat false—I will say colourful—characterisation of the Government’s approach to the CPS budget, which I think he described as a “hope for the best” approach. I am sorry to disappoint him, but that is neither accurate nor fair. As I said, under the stewardship of the hon. and learned Member for Holborn and St Pancras, preparations were made before the 2010 spending review for the CPS to start to reduce its costs by, for example, releasing resources from the back-office at HQ to the frontline; renegotiating important IT contracts to achieve significant savings; introducing a new IT equipment and workstation ratio strategy; and looking at the closure of uneconomic smaller offices.

That all began before the spending review, and those policies have been taken further since then. We have seen the consolidation of operations into regional hubs, the end of occupying unnecessary buildings and the number of CPS geographical areas reduced from 42 to 13 together with a reduction in management numbers. In fact, back-office functions have taken the greatest cut, with a 50% reduction in HQ staff; 20% savings from the renegotiation of the IT and communications contracts, and the estate reduced from 95 offices in 2010 to 40 this year. With respect to the hon. Member for Kingston upon Hull East, that is not “hope for the best” or “back of a cigarette packet” stuff, but a carefully calibrated and planned structural change largely authored and led by the hon. and learned Member for Holborn and St Pancras. That process continues.

When it comes to the prosecution of offences, there is no question of negotiations with the Treasury somehow having an impact on individual decisions; the independence of the Crown Prosecution Service is a self-evident truth. To reinforce that, perhaps I should look at some overall results. The CPS’s conviction rate in the magistrates courts is now 83.5%, which has increased from 80.6% back in 2004-05. Similarly, in the Crown court, the conviction rate is now 79.4%, up from just over 75% 10 years ago.

Guilty plea rates continue to rise in both Crown and magistrates courts and I am struck in particular by the increase by both volume and proportion of convictions in cases involving violence against women and girls. The past year saw the highest ever volume and proportion of cases charged: 88,359 cases, which is a rise of nearly 12,000 compared with the previous financial year. We also saw more than 107,000 defendants prosecuted to completion in the past year in cases involving violence against women and girls—the highest ever number. The number of those convicted increased from 67,380 in the previous financial year to 78,773 in the past year.

Those figures are far more eloquent testimony to the success of the Crown Prosecution Service’s continuing work than anything else that I can summon up. I commend its work to the House and thank once again the hon. Member for Erith and Thamesmead for giving me the opportunity to address that.

Question put and agreed to.

Resolved,

That this House has considered the work of the Crown Prosecution Service.

Unduly Lenient Sentences

Robert Buckland Excerpts

Wednesday 10th June 2015 Commons Chamber

[The Solicitor General (Robert Buckland)]

It is a pleasure to reply to the debate called by my hon. Friend the Member for Dartford (Gareth Johnson), and I thank him for allowing this important issue to be aired this evening. In doing so, I pay warm tribute to him for his commitment to reform in this area over a number of years. He came to this House with a wealth of experience in the criminal law in his practice, and he and I struck up a friendship because of our common understanding of the criminal law and our mutual experience in criminal practice over the years prior to our entry to this House. Therefore he speaks with particular knowledge about these issues. But he also speaks as a Member of Parliament, representing thousands of people who, like all of us, expect to see consistency and a correctness of approach to criminal sentencing from the judiciary.

It is right for me to say that Her Majesty’s judges do a tremendous job on the sentencing of offenders; they deal, week in, week out, day in, day out, with a variety of sometimes difficult and complex cases, and it is right for me to thank them for all the work they do. But the issues that my hon. Friend raises are important, because there will be times when errors are made. It is perhaps right for me briefly to remind the House that the unduly lenient sentence scheme, which has been operating for just over 25 years, was introduced, in a way, to deal with that concern. Prior to it, there had been no means of increasing a sentence for any criminal offence once it had been passed by the courts.

The scheme was brought in because of a public outcry over a case that many of us will remember—the Ealing vicarage case. A gang of men broke into the vicarage. There were several victims. The vicar, Michael Saward, was severely injured and Jill Saward was raped. When the four offenders were sentenced some 11 months later, there was a public outcry when the men received higher sentences for the burglary than for the rape. I take the opportunity to pay warm tribute to Jill Saward, who, in the years since, has been a redoubtable campaigner on behalf of victims of sexual violence.

The Criminal Justice Act 1988 introduced for the first time a mechanism by which sentences could be increased by the Court of Appeal. Sections 35 and 36 provide the Attorney General and the Solicitor General with the power to refer sentences passed in certain Crown court cases to the Court of Appeal for review if the sentence is considered to be “unduly lenient”.

Parliament imposed strict safeguards when that power was created. The power had to be exercised personally by the Attorney General, or by the Solicitor General on the Attorney General’s behalf, in relation to indictable only offences or certain either-way offences specified by order, and only where it was considered that the judge had made a gross error in sentencing. Creating a power to correct these grossest sentencing errors was, and remains, the key mechanism to ensure that public confidence in the criminal justice system is maintained when unduly lenient sentences are passed.

It is important to note that it is not a prosecution right of appeal. It is as guardians of the public interest that we, the Law Officers, exercise the power to refer cases. In other words, it is a power exercised independently of Government, but by a Minister. The power to refer a case is subject to an absolute time limit of 28 days from the date of sentence.

A Law Officer considers all cases personally. It is very important that the filter is dealt with by the Ministers themselves. The Attorney General and I feel that that is a vital part of the system. Cases may be received at any point in the 28-day period. Although some cases are referred for consideration by the Crown Prosecution Service, anyone can make a complaint about a referable sentence, including members of the public, and it will be carefully considered.

The power to refer applies to all “indictable” only offences—offences that can be dealt with only by the Crown court—which include murder, manslaughter, causing death by dangerous driving, rape, robbery, wounding with intent, and many others. It also applies to certain either-way offences, which have since been specified and added by order. That phrase means offences that could be dealt with in the magistrates court as an alternative to the Crown court.

The various orders that have been made pursuant to the Criminal Justice Act 1988 were consolidated by an order made in 2006, which ensured that the ULS scheme now also applies to a number of sexual offences, some drugs offences, child cruelty, threats to kill, and offences that have been racially or religiously aggravated.

Most recently, from July last year, we, as Law Officers, have been able to consider whether a sentence imposed for an offence under section 71 of the Coroners and Justice Act 2009 is unduly lenient. I know that the right hon. Member for Slough (Fiona Mactaggart) will be interested in this, because that is an offence of holding a person in slavery or servitude and requiring a person to perform forced or compulsory labour.

However, it is this incremental process of adding offences that has led to the current formulation of the scheme, and I acknowledge that there are inherent anomalies, which my hon. Friend has described very clearly. I shall return to that point shortly. Much more often than not, we decide that sentences referred to us are not unduly lenient. However, I am proud to say that, in referring cases to the Court of Appeal, we have achieved some considerable successes. I am talking not just about the high-profile cases, involving well known offenders such as Stuart Hall, but much more widely.

In one recent case, which I presented in the Court of Appeal—it is an important principle that Law Officers go to court to present cases on behalf of the Government to make the point that the public interest is being served—the offender was convicted after trial of the attempted murder of three sisters from the United Arab Emirates who were on holiday in London. During a burglary of their hotel room, he attacked the women with a hammer, causing life-threatening injuries. The Court agreed with me that the 18 years minimum term of imprisonment was unduly lenient and increased it, so that the offender must serve 27 years before he is considered for release. The presence of children during the serious attack and the use of gratuitous violence with a weapon were among the serious aggravating factors.

In another example, a referral was made in a case involving the sexual abuse, including rape, of a six-year-old girl by a male offender, who was assisted by his female partner. The Court of Appeal agreed that the original sentences were unduly lenient and increased the male offender’s total sentence from 12 to 19 years’ imprisonment. The Court found him to be a dangerous offender and therefore ordered that there be a five-year extended licence period after the 19-year term finishes.

Those are two important examples of cases where great damage has been caused to victims and in which the ULS scheme has played an important role in securing justice for them. There are many more such cases.

The high-profile nature of the ULS scheme in the recent past has meant that the number of referrals has been steadily increasing as awareness of the scheme widens. Very shortly, detailed figures of the latest trends within the scheme will be published, and I think they will show that the public are becoming more aware of, and more prepared to use, the scheme.

The Government will take very careful note of what my hon. Friend has said, and we will set out our plans as soon as is practicable. It is clear that at present there are inconsistencies and anomalies in the scheme, which the extension will seek to address. Both the Attorney General and I are very clear on that point, and we understand the concerns where offences—often serious offences—do not appear in the scheme, seemingly without a clear legal, or indeed logical, explanation.

I recognise that my hon. Friend and, indeed, all my hon. Friends are keen to see the Government make progress on a clear manifesto commitment. I hope I can reassure them when I say that work is very much under way with a view to delivering on that, and that the Prime Minister has been very clear that we will deliver on all our manifesto commitments.

[Karl Turner (Kingston upon Hull East) (Lab)]

What do the Government plan to do? Are they suggesting, for example, that they would include all either-way offences, or just some? Will they include only serious either-way offences?

[The Solicitor General]

That is an entirely proper question and we are developing our view. All matters need to be considered and it would be wrong of me to prejudge or ordain the outcome today, but I can reassure the hon. Gentleman. I know that he shares a passion for ensuring that victims of crime are protected. He took important amendments to the criminal law on sentencing though this House in the previous Parliament, and I pay tribute to him for that, but I am sure that he would be the first to understand that there needs to be careful consideration, and that this will be done as soon as is practicable.

[Fiona Mactaggart (Slough) (Lab)]

Will the Solicitor General consult victims’ organisations about what the scheme should look like, and how will he do that?

[The Solicitor General]

It would be a bit premature of me to sketch out a detailed version of what could be a consultation process, but I take what the hon. Lady says on board. I think she would agree that we need careful consultation rather than to come up with a glib and easy answer that would not be in the interests of victims. I will bear what she says in mind and will consider the matter carefully as we move through this process.

We must seek to ensure that a balance continues to be struck between a manageable system that enables truly exceptional cases to be referred to the Court of Appeal and ensuring that victims and the wider public, including hon. Members, have an opportunity to raise concerns when they arise. I thank my hon. Friend the Member for Dartford once again for raising this important element of the Government’s criminal justice policy. I hope that he is reassured that we will pay the closest attention to what he and others have said and will continue to say as the Government take forward our manifesto commitment to extend the unduly lenient sentence scheme.

Question put and agreed to.

Serious Crime Bill [Lords]

Robert Buckland Excerpts

Monday 23rd February 2015 Commons Chamber

[The Solicitor-General (Mr Robert Buckland)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

Amendment (a) to new clause 8, leave out

“offers or provides sexual services to”

and insert

“prepares to engage in, or engages in, sexual activity with”.

Government new clause 9—Duty to notify police of female genital mutilation.

Government new clause 10—Guidance about female genital mutilation.

New clause 2—Official Secrets Act 1989 (additional defence)—

‘(1) The Official Secrets Act 1989 is amended as follows—

(2) After section 8, insert—

“(8A) It is a defence for a person charged with an offence under any provision of this Act to prove that he knew, or had reasonable cause to believe, that the information, document or article disclosed was—

(a) germane to an official investigation of, or inquiry into, historic child abuse, and

(b) provided only to an officer of such an investigation or inquiry.”’

New clause 3—Child sexual exploitation—

‘(1) In section 1(1) of the Street Offences Act 1059 (Loitering or soliciting for purposes of prostitution), after “female)”, insert “, aged 18 or over,”.

(2) The Sexual Offences Act 2003 is amended as follows.

(3) In section 48 (Causing or inciting child prostitution or pornography)—

(a) in the title of the section, for “prostitution” substitute “sexual exploitation”; and

(b) in subsection (1)(a), for “become a prostitute” substitute “be sexually exploited”.

(4) In section 49 (Controlling a child prostitute or a child involved in pornography)—

(a) in the title of the section, for “child prostitute” substitute “sexually exploited child”; and

(b) in subsection (1)(a), for “prostitution” substitute “sexual exploitation”.

(5) In section 50 (Arranging or facilitating child prostitution or pornography)—

(a) in the title of the section, for “child prostitution or pornography” substitute “the sexual exploitation of a child or sexual images of children”; and

(b) in subsection (1)(a), for “prostitution” substitute “sexual exploitation”.

(6) In section 51 (Sections 48 to 50: interpretation), in subsection (2), for “prostitute” substitute “sexually exploited child”; for “prostitution” substitute “sexual exploitation”.

(7) References in any Act, Regulation, Order or other legislative instrument to the sections and titles mentioned in this section shall be interpreted as referring to the sections and titles as amended by this section.”

New clause 11—Child protection: 16 and 17 year olds living with their families—

‘(1) The Children’s Act 1933 is amended as follows.

(2) After section 1 insert—

“1A Cruelty to a person aged sixteen or seventeen

(1) If any person A, who has attained the age of eighteen years and is personally connected to a child B aged sixteen or seventeen, wilfully assaults, ill-treats (whether physically or psychologically), neglects, abandons, or exposes him, or causes or procures for him to be assaulted, ill-treated (whether physically or psychologically), neglected, abandoned, or exposed, in a manner likely to cause him unnecessary suffering or injury to health (including injury to or loss of sight, or hearing, or limb, or organ of the body and whether the injury is of physical or psychological nature), that person shall be guilty of an offence, and shall be liable—

(a) on conviction or indictment, to a fine or alternatively, or in addition thereto, to imprisonment for any term not exceeding 10 years;

(b) on summary conviction, to a fine not exceeding £400 pounds, or alternatively, or in addition thereto, to imprisonment not exceeding six months.

(2) For the purposes of this section—

(a) A and B are considered to be personally connected if at the time of the offence they live together, and

(i) A has parental responsibility for B

(ii) A is a relative of B

(iii) A is or has been married or civil partner to B’s parent.

(b) A shall be deemed to have neglected B in a manner likely to cause injury to his health if he has failed to provide adequate food, clothing, medical aid or lodging for him or if, having been unable otherwise to provide such food, clothing, medical aid or lodging, he has failed to take steps to procure it to be provided to B.

(3) A person may be convicted of an offence under this section—

(a) notwithstanding that actual suffering or injury to health, or the likelihood of actual suffering or injury to health, was obviated by the action of another person;

(b) notwithstanding the death of B.

(4) In subsection (2)—

“parental responsibility” has the same meaning as in the Children Act 1989;

“relative” has the meaning given by section 63(1) of the Family Law Act 1996”.

New clause 15—Encouragement of Female Genital Mutilation Warning Notices and Orders (EWNs and EWOs)—

In the Female Genital Mutilation Act 2003, after section 2A (offence of Encouragement of Female Genital Mutilation) insert—

“2B Power to issue an Encouragement of Female Genital Mutilation warning notice

(1) A member of a police force not below the rank of superintendent (“the authorising officer”) may issue an Encouragement of Female Genital Mutilation warning notice (an “EWN”) under this section.

(2) An EWN may be issued to a person (“A”) who is aged 18 or over if the authorising officer has reasonable grounds for believing that A has been encouraging the genital mutilation of women and girls as defined in section 1.

(3) Before issuing an EWN, the authorising officer must, in particular, consider any representations made by A as to the issuing of the EWN.

(4) The authorising officer must take reasonable steps to obtain the representations mentioned in subsection (3).

(5) An EWN must prohibit A from encouraging the genital mutilation of women and girls.

2C Contents and service of an Encouragement of Female Genital Mutilation warning notice

‘(1) An EWN must state—

(a) the grounds on which it has been issued;

(b) that a constable may arrest A without warrant if the constable has reasonable grounds for believing that A is in breach of the EWN;

(c) that an application for an Encouragement of Female Genital Mutilation warning order (an “EWO”) under section (application for an EWO) shall be heard within 48 hours of the time of service of the EWN and notice time and place of the hearing will be given to A, and shall state that the EWN continues in effect until that application has been determined.

(2) An EWN must be in writing and must be served on A personally by a constable.

(3) On serving A with an EWN, the constable must ask A for an address for the purposes of being given notice of the hearing of the application for the Encouragement of Female Genital Mutilation warning order.

2D Breach of an Encouragement of Female Genital Mutilation warning notice

‘(1) A person arrested by virtue of section (contents and service of an EWN) for a breach of an EWN shall be held in custody and brought before the magistrates’ court which will hear the application for the EWO under (application for an EWO)—

(a) before the end of the period of 24 hours beginning with the time of the arrest; or

(b) if earlier, at the hearing of that application.

(2) If the person is brought before the court by virtue of subsection (1)(a), the court may remand the person.

(3) If the court adjourns the hearing of the application by virtue of subsection 6(8), the court may remand the person.

(4) In calculating when the period of 24 hours mentioned in subsection (1)(a) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.

2E Application for an Encouragement of Female Genital Mutilation warning order

‘(1) If an EWN has been issued, a constable must apply for an Encouragement of Female Genital mutilation warning order (an “EWO”).

(2) The application must be made by complaint to a magistrates’ court.

(3) The application must be heard by the magistrates’ court no later than 48 hours after the EWN was served pursuant to section (contents and service of an EWN).

(4) In calculating when the period of 48 hours mentioned in subsection (3) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.

(5) Notice of the time and place of the hearing of the application must be given to A.

(6) The notice is deemed given if it has been left at the address given by A under section 4(3).

(7) If the notice has not been given because no address was given by A under section 4(3), the court may hear the application for the EWO if the court is satisfied that the constable applying for the EWO has made reasonable efforts to give A the notice.

(8) The magistrates’ court may adjourn the hearing of the application.

(9) If the court adjourns the hearing, the EWN continues in effect until the application has been determined.

(10) On the hearing of an application for an EWO, section 97 of the Magistrates’ Court Act 1980 (summons to witness and warrant for his arrest) does not apply in relation to a person for whose protection the EWO would be made, except where the person has given oral or written evidence at the hearing.

2F Conditions for and contents of an Encouragement of Female Genital Mutilation warning order (EWO)

‘(1) The court may make an EWO if two conditions are met.

(2) The first condition is that the court is satisfied on the balance of probabilities that the conditions set out in section 3(2) are met.

(3) The second condition is that the court is satisfied that making the EWO is necessary to protect women and girls from harm as a result of the encouragement of FGM by A.

(4) An EWO must state that a constable may arrest A without warrant if the constable has reasonable grounds for believing that A is in breach of the EWO.

(5) An EWO may be in force for—

(a) no fewer than 14 days beginning with the day on which it is made; and

(b) up to a maximum of seven years from that date.

(6) An EWO must state the period for which it is to be in force.

2G Breach of an Encouragement of Female Genital Mutilation warning order

‘(1) A person arrested by virtue of section (conditions for and contents of an EWO) for a breach of an EWO must be held in custody and brought before a magistrates’ court within the period of 24 hours beginning with the time of the arrest.

(2) If the matter is not disposed of when the person is brought before the court, the court may remand the person.

(3) In calculating when the period of 24 hours mentioned in subsection (1) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.

2H Further provision about remand

‘(1) This section applies for the purposes of the remand of a person by a magistrates’ court under section (Breach of an EWN) or (Breach of an EWO).

(2) In the application of section 128(6) of the Magistrates’ Court Act 1980 for those purposes, the reference to the “other party” is to be read—

(a) in the case of a remand prior to the hearing of an application for an EWO, as a reference to the authorising officer; and

(b) in any other case, as a reference to the constable who applied for the EWO.

(3) If the court has reason to suspect that a medical report will be required, the power to remand a person may be exercised for the purpose of enabling a medical examination to take place and a report to be made.

(4) If the person is remanded in custody for that purpose, the adjournment may not be for more than three weeks at a time.

(5) If the person is remanded on bail for that purpose, the adjournment may not be for more than four weeks at a time.

(6) If the court has reason to suspect that the person is suffering from a mental disorder within the meaning of the Mental Health Act 1983, the court has the same power to make an order under section 35 of that Act (remand to hospital for medical report) as it has under that section in the case of an accused person (within the meaning of that section).

(7) The court may, when remanding the person on bail, require the person to comply before release on bail or later, with such requirements as appear to the court to be necessary to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice.

2I Guidance

‘(1) The Secretary of State may issue guidance relating to the exercise by a constable of functions under section (Power to issue an EWN).

(2) A constable must have regard to any guidance issued under subsection (1) when exercising a function to which the guidance relates.

(3) Before issuing guidance under this section, the Secretary of State must consult—

(a) the Association of Chief Police Officers;

(b) the National Crime Agency; and

(c) such other persons as the Secretary of State thinks fit.”

New clause 16—Offence of encouragement of female genital mutilation—

‘(1) The Female Genital Mutilation Act 2003 is amended as follows:

(2) After section 2 (offence of assisting a girl to mutilate her own genitalia) insert—

“(2A) Offence of encouragement of female genital mutilation—

(a) a person is guilty of an offence of encouragement of female genital mutilation if he makes a statement that is likely to be understood by some or all of the members of the public to whom it is published as a direct or indirect encouragement or other inducement to them to mutilate the genitalia of a girl;

(b) A person commits an offence if—

(i) he publishes a statement to which this section applies or causes another to publish such a statement; and

(ii) at the time he publishes it or causes it to be published, he—

(a) intends members of the public to be directly or indirectly encouraged or otherwise induced by the statement to mutilate the genitalia of a girl; or

(b) is reckless as to whether members of the public will be directly or indirectly encouraged or otherwise induced by the statement to mutilate the genitalia of a girl.””

New clause 17—Mandatory reporting of suspected child abuse—

‘(1) A person commits an offence if—

(a) he is involved in the provision of regulated activity as defined by section 5 of the Safeguarding Vulnerable Groups Act 2006 for which he is paid;

(b) he is a provider of regulated activity as defined by section 6 of the Safeguarding Vulnerable Groups Act 2006;

(c) he becomes aware that a child has been harmed in connection to the regulated activity; and

(d) he does not inform a relevant authority of this harm.

(2) A person does not commit an offence under this section if—

(a) he can demonstrate he acted in the best interests of the child, or

(b) he complied with relevant professional guidelines or institutional guidelines for the reporting of abuse as he believed them to be, complying with institutional guidelines for the reporting of abuse can include informing another individual with relevant safeguarding responsibilities.

(3) In this section “harm” means conduct which amounts to one of the following offences—

(a) cruelty to and neglect of children;

(b) cruelty to children/young persons;

(c) child abduction;

(d) rape of a female child under 16;

(e) rape of a female child under 13;

(f) rape of a male child under 16;

(g) rape of a male child under 13;

(h) sexual assault on a male child under 13;

(i) sexual assault on a female child under 13;

(j) sexual activity involving a child under 13;

(k) sexual activity involving a child under 16;

(l) sexual exploitation of children;

(m) abuse of position of trust of a sexual nature; and

(n) sexual grooming.

(4) The Secretary of State may, by way of regulation, make guidance as to the interpretation of subsection (2) or amend subsection (3).

(5) Any regulations made under subsection (4) must be subject to an affirmative procedure of both Houses of Parliament.

(6) In this section “relevant authority” means—

(a) the local authority with safeguarding authorities;

(b) the local police force; and

(c) the Disclosure and Barring Service.

(7) A person guilty of an offence under this Part of this Act shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both such imprisonment and fine;

(b) on conviction on indictment, to imprisonment for a term not exceeding three years.”

New clause 19—Child abduction warning notice—

In the Child Abduction Act 1984, after section 2 (offence of abduction of child by other person) insert—

“2A Power to issue a child abduction warning notice

(1) A member of a police force not below the rank of superintendent (“the authorising officer”) may issue a child abduction warning notice (“a CAWN”) under this section.

(2) A CAWN may be issued to a person (“A”) aged 18 years or over if the authorising officer has reasonable grounds for believing that—

(a) A has without lawful authority or reasonable excuse been found in the company of a child (“C”); and

(b) C is reported missing and is found on two or more occasions to be in the company of A; or

(c) there is reason to suspect that C‘s behaviour is, by reason of association with the defendant, giving significant cause for concern.

(3) Before issuing a CAWN, the authorising officer must, in particular, take reasonable steps to gather and consider—

(a) representations made by the person with lawful authority for C; and

(b) representations made by A as to the issuing of the CAWN.

(4) A CAWN must prohibit A from being in the company of C.

2B Contents and service of a child abduction warning notice

‘(1) A CAWN must state—

(a) the grounds on which it has been issued;

(b) that a constable may arrest A without warrant if the constable has reasonable grounds for believing that A is in breach of the CAWN;

(c) that an application for a child abduction warning order under section 2D will be heard within 48 hours of the time of service of the CAWN and a notice of the hearing will be given to A;

(d) that the CAWN continues in effect until that application has been determined; and

(e) the provisions that a magistrates’ court may include in a child abduction warning order (CAWO) under sections 2D and 2E.

(2) A CAWN must be in writing and must be served on A personally by a constable.

(3) On serving A with a CAWN, the constable must ask A for an address for the purposes of being given the notice of the hearing of the application for the child abduction warning order.

2C Breach of a child abduction warning notice

‘(1) A person arrested by virtue of section 2B(1)(b) for a breach of a CAWN must be held in custody and brought before the magistrates’ court which will hear the application for a child abduction warning order (CAWO) under sections 2D and 2E—

(a) before the end of the period of 24 hours beginning with the time of the arrest; or

(b) if earlier, at the hearing of that application.

(2) If the person is brought before the court by virtue of subsection (1)(a), the court may remand the person.

(3) If the court adjourns the hearing of the application by virtue of subsection 2D(8), the court may remand the person.

(4) In calculating when the period of 24 hours mentioned in subsection (1)(a) of this section ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.

2D Application for a child abduction warning order

‘(1) If a CAWN has been issued, a constable must apply for a child abduction warning order (“a CAWO”).

(2) The application must be made by complaint to a magistrates’ court.

(3) The application must be heard by the magistrates’ court no later than 48 hours after the CAWN was served pursuant to section 2B(2).

(4) In calculating when the period of 48 hours mentioned in subsection (3) of this section ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.

(5) A notice of the hearing of the application must be given to A.

(6) The notice is deemed given if it has been left at the address given by A under section 2B(3).

(7) But if the notice has not been given because no address was given by A under section 2B(3), the court may hear the application for the CAWO if the court is satisfied that the constable applying for the CAWO has made reasonable efforts to give A the notice.

(8) The magistrates’ court may adjourn the hearing of the application.

(9) If the court adjourns the hearing, the CAWN continues in effect until the application has been determined.

(10) On the hearing of an application for a CAWO, section 97 of the Magistrates’ Court Act 1980 (summons to witness and warrant for his arrest) does not apply in relation to a person for whose protection the CAWO would be made, except where the person has given oral or written evidence at the hearing.

2E Conditions for and contents of a child abduction warning order

‘(1) The court may make a CAWO if two conditions are met.

(2) The first condition is that the court is satisfied on the balance of probabilities that one or more of the criteria in section 2A(2)(a)-(c) are satisfied.

(3) The second condition is that the court thinks that making the CAWO is necessary to protect C from harm as a result of association with A.

(4) A CAWO must state that a constable may arrest A without warrant if the constable has reasonable grounds for believing A is in breach of the CAWO.

(5) A CAWO may be in force for—

(a) no fewer than 14 days beginning with the day on which it is made; and

(b) until the date of the 16th birthday of C.

(6) A CAWO must state the period for which it is to be in force.

2F Breach of a child abduction warning order

‘(1) A person arrested by virtue of section 2E(4) for a breach of a CAWO must be held in custody and brought before a magistrates’ court within the period of 24 hours beginning with the time of the arrest.

(2) If the matter is not disposed of when the person is brought before the court, the court may remand the person.

(3) In calculating when the period of 24 hours mentioned in subsection (1) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial. Dealings Act 1971 are to be disregarded.

2G Further provision about remand

‘(1) This section applies for the purposes of the remand of a person by a magistrates’ court under section 2C(2) or (3) or 2F(2).

(2) In the application of section 128(6) of the Magistrates’ Court Act 1980 for those purposes, the reference to the “other party” is to be read—

(a) in the case of a remand prior to the hearing of an application for a CAWO, as a reference to the authorising officer; and

(b) in any other case, as a reference to the constable who applied for the CAWO.

(3) If the court has reason to suspect that a medical report will be required, the power to remand a person may be exercised for the purpose of enabling a medical examination to take place and a report to be made.

(4) If the person is remanded in custody for that purpose, the adjournment may not be for more than three weeks at a time.

(5) If the person is remanded on bail for that purpose, the adjournment may not be for more than four weeks at a time.

(6) If the court has reason to suspect that the person is suffering from a mental disorder within the meaning of the Mental Health Act 1983, the court has the same power to make an order under section 35 of that Act (remand to hospital for medical report) as it has under that section in the case of an accused person (within the meaning of that section).

(7) The court may, when remanding the person on bail, require the person to comply before release on bail or later, with such requirements as appear to the court to be necessary to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice.

2H Guidance

‘(1) The Secretary of State may issue guidance relating to the exercise by a constable of functions under sections 2A to 2F.

(2) The guidance must set out the behaviours associated with “giving significant cause for concern”, including, in particular, behaviours associated with giving cause for concern of sexual exploitation or grooming.

(3) A constable must have regard to any guidance issued under subsection (1) when exercising a function to which the guidance relates.

(4) Before issuing guidance under this section, the Secretary of State must consult—

(a) the Association of Chief Police Officers;

(b) the National Crime Agency; and

(c) such other persons as the Secretary of State thinks fit.””

This amendment establishes child abduction warning notices (CAWNs) on a statutory basis, addressing concerns raised in the House of Lords on the issue, by introducing a two-stage process providing judicial oversight, without compromising the ability of the police to issue a CAWN without delay. The proposed process is similar to that in place for Domestic Violence Prevention Notices/Domestic Violence Prevention Orders (DVPN/DVPO).

New clause 22—Offence of child exploitation—

‘(1) A person commits an offence if they exploit a child.

(2) A child may be in a situation of exploitation whether or not—

(a) escape from the situation is practically possible for the child; or

(b) the child has attempted to escape from the situation.

(3) The consent or apparent consent of the child to the exploitation is irrelevant.

(4) “Child Exploitation” includes but is not limited to, the exploitation of the prostitute of others or other forms of sexual exploitation; the exploitation of labour or services including begging or practices similar to slavery, servitude or forced or compulsory labour; the exploitation of or for criminal activities including benefit fraud; the removal of organs; forced or servile marriage or enforced surrogacy; exploitation for unlawful adoption; and exploitation by enforced drugs smuggling, manufacture, production or distribution.

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.”

New clause 26—Automatic Special Measures: controlling or coercive behaviour cases—

The Youth Justice and Criminal Evidence Act 1999 is amended as follows—

In section 17, after “offence” insert “an offence of controlling or coercive behaviour in an intimate or family setting contrary to section 73 of the Serious Crime Act 2015.””

New clause 27—Offence of abduction of child by other person—

‘(1) In section 2 of the Child Abduction Act 1984, after subsection (1), insert—

“(1A) Subject to subsection (3)(a)-(c), a person, other than one mentioned in subsection (2), commits an offence if, without lawful authority or reasonable excuse, he takes or detains a child between the ages of sixteen and eighteen—

(a) so as to remove him from the lawful control of any person having lawful control of the child; or

(b) so as to keep him out of the lawful control of any person entitled to lawful control of the child.”

(2) In section 2(3) of the Child Abduction Act 1984, for paragraph (b) substitute—

“(b) that, at the time of the alleged offence under subsection 2(1), he believed that the child had attained the age of sixteen,

(bA) that, at the time of the alleged offence under subsection 2(2), he believed the child had attained the age of eighteen,””

Amendment 20, in clause 72, page 63, line 27, leave out “the” and insert “a risk of”.

Amendment 21, in clause 73, page 78, line 22, leave out

“he or she was acting”

and insert

“their behaviour was necessary in order to act, and”.

Amendment 22, page 78, line 23, in clause 73, at end insert—

“(aa) a reasonable person in possession of the same information would think that A’s behaviour was necessary in order to act in B’s best interests.”

Government amendments 2 to 10.

Amendment 33, in schedule 4, page 117, line 15, at end insert—

“59A In Schedule 2 of that Act (sexual offences to which provisions about extra territoriality application apply) in paragraph 1(d), insert—

“(iii) section 68 (possession of paedophile manual) of the Serious Crime Act 2015.””

Provisions in the Sexual Offences Act 2003 enable certain child abuse offences committed outside the UK to be prosecuted in England and Wales in some circumstances. This amendment enables these extra-territorial provisions to apply to the new offence of possession of any item that contains advice or guidance about abusing children sexually contained in Clause 68 of this Bill.

Government amendments 11 to 19.

[The Solicitor-General]

I am conscious that a number of right hon. and hon. Members wish to speak, so I will keep my opening remarks as brief as possible. I am doubly conscious of the need to ensure that, as has been mentioned, we have meaningful debates on other groups of amendments.

New clause 8 responds to the compelling case made in Committee by the hon. Member for Stockport (Ann Coffey), to whom I am grateful, that we should remove from the statute book references to the phrase “child prostitution” and limit the scope of the offence of loitering or soliciting for the purposes of prostitution, so that it applies only to adults. As I made clear in Committee, children who are sexually exploited, whether for financial gain or other reasons, should not be referred to as prostitutes. They should be regarded as victims.

New clause 8 will have substantially the same effect as the hon. Lady’s new clause 3, and in one important respect it goes even further. As well as replacing the anachronistic references to “child prostitute” and “child prostitution” in the Sexual Offences Act 2003, the new clause will remove references to “child pornography”, to which similar considerations apply.

[Ann Coffey (Stockport) (Lab)]

I thank the Solicitor-General and the Government for tabling new clause 8. It will make a big difference to the language we use when talking about children who are sexually exploited. I know that victims of child exploitation are pleased that the new clause has been introduced, so I thank the Government on their behalf as well.

[The Solicitor-General]

I am extremely grateful to the hon. Lady, and I pay tribute to her for the work that she has done, most recently in the report that she prepared about child sexual exploitation in Greater Manchester.

New clause 9 will require persons working in regulated professions to notify the police if they discover in the course of their work that an act of female genital mutilation appears to have been carried out on a girl under the age of 18. The new duty will help to ensure that professionals are clear about their responsibilities when they encounter cases of FGM in under-18s, and that those cases are reported to the police, thereby supporting investigations.

The consultation on what a mandatory reporting duty should look like closed on 12 January, and we received nearly 150 responses, including from health care professionals, education professionals, the police, charities and members of the public. We have considered those responses carefully, which is reflected in our approach to the new clause.

The new duty will require regulated health and social care professionals and teachers in England and Wales to report known cases of FGM to the police. Depending on the specifics of the case, a report to the police will not necessarily trigger a criminal investigation immediately. When a report is made, the police will work with the relevant agencies to determine the most appropriate course of action, which may include referral to medical experts for diagnosis of whether FGM has taken place. That is important, because we want to reassure those involved in the detection and exposure of this appalling child abuse that although prosecution and criminal investigation are important, they are not the only means that we have to deal with this scourge.

[Sir William Cash (Stone) (Con)]

My hon. and learned Friend will understand that new clause 9 deals only with circumstances in which FGM appears to have been carried out, not with those in which there is a risk of it being carried out, to which I shall refer later.

[The Solicitor-General]

I look forward to my hon. Friend’s contribution and will respond appropriately when I have heard his full argument.

We recognise that some individuals captured by the new duty may be less likely than others to encounter cases of FGM. The duty will apply only to cases identified in the course of an individual’s professional duties. There will be no new requirement for professionals to look for visual evidence, and we do not expect them to do so.

Where professionals fail to comply with the duty, it will be dealt with in accordance with existing disciplinary procedures. That is in line with the approach favoured by the vast majority of respondents to the consultation and will ensure that appropriate sanctions are imposed in accordance with the circumstances of an individual case. The Government expect employers and the professional regulators to pay due regard to the seriousness of breaches of the new duty.

New clause 10 will confer on the Secretary of State a power to issue guidance on FGM to relevant individuals in England and Wales, and will require them to have regard to it. That guidance will take the form of updated multi-agency guidelines, which will explicitly capture good safeguarding practice, including for non-regulated practitioners. In addition, the existing frameworks for the purpose of dealing with child abuse will, of course, continue to support appropriate safeguarding responses.

--- Later in debate ---

[Sir William Cash]

I wish only to repeat, in a sense, what I have already said, namely that this measure will not, in itself, deal with the problem of girls who are at risk.

[The Solicitor-General]

My hon. Friend has made his point again. We may well have to differ on the issue of the threshold with which his amendment deals, but I will outline my arguments when I have heard all that he has to say.

Amendment 10 relates to the new offence of sexual communication with a child, which was added to the Bill in Committee. While there was cross-party support for the new offence in Committee, there was some debate about whether it should be possible for a prosecution to be mounted in England and Wales in respect of conduct engaged in abroad—that is, whether such conduct should be subject to extraterritorial jurisdiction.

[Sir Paul Beresford (Mole Valley) (Con)]

Below amendment 10—which, obviously, I support—on the amendment paper is my amendment 33. My hon. and learned Friend will recall the discussion that we had in Committee. My amendment contains essentially the same wording as before, applying extraterritorial jurisdiction to the paedophile manual. Will he comment on that now?

[The Solicitor-General]

I thank my hon. Friend for the work that he has done in ensuring that extraterritorial jurisdiction has been applied to a range of sexual offences. In a nutshell, our view is that the case for applying extraterritorial jurisdiction to the possession of paedophile manuals has not been made out. We do not expect it to be generally applicable to that type of offence. We think it far more relevant to an offence of communication, given that communications no longer respect national borders, but can take place throughout the world through the internet and social media.

I was explaining the context in which we considered the issue of extraterritorial jurisdiction. It was in the light of speeches made by my hon. Friend the Member for Mole Valley (Sir Paul Beresford) and the hon. Member for Feltham and Heston (Seema Malhotra) that we reconsidered the issue, and concluded that it should be extended to the offence of sexual communication. Amendment 10 gives effect to that.

I hope that the House will welcome these important amendments. I look forward to hearing from other Members who have tabled amendments in this group, and I will respond to them as best I can when I wind up the debate.

[Sir Edward Garnier (Harborough) (Con)]

During our debates on the Bill, I have been drawing to Ministers’ attention the exploitation of adults—not elderly adults who cannot help themselves through old age, but young adults—by quacks and bogus counsellors. I rather hoped that the Solicitor-General and other members of the Government would address that issue. I see that the Under-Secretary of State for the Home Department, my hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), is present. She has experienced the distinct displeasure of having to listen to me going on about this, but I will continue to go on about it until a decision is made. Will the Solicitor-General update me on the Government’s thinking about the exploitation of vulnerable adults who are brainwashed by those quacks and bogus counsellors, to their emotional, psychological and financial disadvantage?

[The Solicitor-General]

I understand that the Government are still considering that issue. The definition of “vulnerable” may, of course, be something of a vexed question. It has tended to apply to adults with learning difficulties, but I understand my hon. and learned Friend to be referring to it in the wider context in which people are brainwashed or duped by cults and other organisations. It is not a straightforward issue, as I know he understands, but the Government are giving consideration to it, so I am grateful to him for raising it.

With those remarks, I will draw my speech to a close.

[Mr Speaker]

Well, I will not say the occurrence was unprecedented, but a lawyer finishing his speech earlier than expected is certainly a rarity.

--- Later in debate ---

[Mr Speaker]

The hon. Gentleman finished just before I expected him to and the Minister will now wind up this group of amendments. There has been considerable demand to contribute to the separate groupings, so perhaps I can say publicly what I would otherwise have said privately, namely that if the Minister is able to wind up on behalf of the Government so that it is possible for us to move on by 7 o’clock—perhaps even earlier—we will dance round the mulberry bush in joyous appreciation of his efforts.

[The Solicitor-General]

Best endeavours, Mr Speaker, best endeavours.

I thank all right hon. and hon. Members for taking part in this wide-ranging debate. I am grateful to the hon. Member for Birmingham, Selly Oak (Steve McCabe) for a thoughtful contribution. The Government have committed to a full 12-week consultation within 18 months of the Bill receiving Royal Assent. We are coming to the end of this Parliament and into purdah, and practical issues arise, as my right hon. Friend the Member for Chesham and Amersham (Mrs Gillan) said. However, the Government are committed to moving on a consultation as soon as practical obstacles are removed—we cannot be clearer than that. I am somewhat puzzled about Labour Members’ undue haste to move their new clause. My right hon. Friend has already mentioned some deficiencies that she has found in the provision, and I will not reiterate her points. I say simply that we need a proper consultation on the issue and for all voices to be heard. For FGM and mandatory reporting provisions we held a consultation that gave us clear evidence to act, and to create and change the law on mandatory reporting. We must do exactly the same for child abuse.

We all agree that these issues are sensitive, important, and involve new obligations on professionals who work in this difficult field, and we must approach them carefully and with evidence. I therefore strongly urge Opposition Members to consider the matter carefully before dividing the House or supporting the new clause. With great respect the provision is premature, bearing in mind that a consultation will occur as soon as possible.

[Mrs Gillan]

Will my hon. and learned Friend comment on my suggestion that those on the two Front Benches should work together on drawing up the terms of reference for the consultation, because I am sure that would help speed up the procedure? It may not be possible to bring something out before the election, but at least working together would show that it is a cross-party effort and give great comfort to those watching this debate.

[The Solicitor-General]

I am interested in suggestions from any quarter about the terms of reference for a consultation. I want it to be meaningful and comprehensive, which is why there will be a full 12 weeks to allow many people to make submissions. I am open to all constructive suggestions, wherever they come from. As my right hon. Friend said, this issue is about much more than mere party politics, and I hope that that gives her the assurance she seeks.

[Diana Johnson]

I am listening carefully to the Minister, and of course we all want to get this issue right. I am struck by the fact that the Government managed to have a consultation on the reporting of FGM, and the Bill now contains amendments to take that forward. It seems to me a missed opportunity that we are not able to do that with mandatory reporting at the same time.

[The Solicitor-General]

I hear what the hon. Lady says and take her remarks in the spirit that I know she intends. We are moving on these issues, and much has been achieved in the past few years in acknowledging that we are dealing with children and can no longer have a sort of double standard when it comes to their protection. In Committee we debated so-called “ostensible consent”, which at one time was in sentencing guidelines. That has gone from the law—indeed, a case I conducted in the Court of Appeal last week made it absolutely clear that for young children the concept of consent in sexual activity has no place in the law of England and Wales. Let me reiterate my point: we are making progress and there will be a consultation as soon as possible. I therefore urge the hon. Lady and Opposition Members not to divide the House on the new clause.

On new clause 2, I listened carefully to the impassioned speech of the hon. Member for Bassetlaw (John Mann). It was the sort of speech that we need to hear in this House because it reiterated not only his determination to uncover child abuse—whether historical or current—but the determination that we should all have to follow evidence wherever it may lead without fear or favour.

As we know, the Official Secrets Act is intended to protect certain classes of particularly sensitive information such as security and intelligence matters, and it provides for a number of offences that prevent current or former Crown servants or Government contractors from disclosing certain information without lawful authority. It does not prevent protected information from being disclosed to an officer of an official investigation or inquiry into historical child abuse. In particular, information may be disclosed where the disclosure is made in accordance with that person’s official duty or is otherwise authorised. Departments and Ministers can permit current and former civil servants and Government contractors to share knowledge and documentation with an inquiry. As my right hon. Friend the Home Secretary made clear in her statement to this House on 4 February, official authorisation would be given for the Goddard inquiry.

On the historical institutional abuse inquiry in Northern Island, the Attorney-General has already made a public undertaking that no evidence given by a person to the inquiry will be used as evidence against them in any criminal proceeding, including any offence under the Official Secrets Act. Indeed, the Attorney-General would be ready to consider any similar request from Justice Goddard if one were made. I assure the hon. Member for Bassetlaw that the Government are committed to assisting Justice Goddard’s inquiry and all other inquiries into child abuse. We are satisfied that the Official Secrets Act is not, will not, and should not be a bar to evidence being provided, but I am grateful to him for raising that important issue.

Let me turn to new clause 11, in the name of the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd). As he said, this has been covered in Committee. I reiterate that anomalies will inevitably exist when it comes to how we classify children and young people in law. I am afraid there is no one age division to fit all circumstances. Despite the fact that, with his usual cunning, he has come up with a slightly different way of dealing with some of the mischiefs I mentioned in Committee, I am still concerned that, in genuinely attempting to correct one anomaly, we might end up creating another. We still believe that in this area of the law we need to focus on the protection of children and young persons under the age of 16.

In that spirit, I will come on to new clause 27, which was tabled by my hon. Friend the Member for Oxford West and Abingdon (Nicola Blackwood). Her tenacity knows no bounds. She has done a lot of work to expose the scourge of child sexual exploitation in both her local area and nationally. I am grateful to her for once again raising this issue. We need to have the correct balance between additional protection, and recognition of the relevant rights and responsibilities of young people in this age group. We have given much thought to this matter. The key question for the Government is whether we think the police have sufficient powers to replace restrictions and prohibitions on people who pose a risk to vulnerable young adults aged 16 and 17. We think that the new sexual risk orders—I will come on to them in a moment—will provide the police with the powers to tackle predators. Breach of such an order will carry a sentence of up to five years’ imprisonment. We think the right balance is being struck with the combination of child abduction warning notices and sexual risk orders. We therefore do not think that we need to change the law on child abduction at this stage. That allows me neatly, I hope, to deal with new clause 19, tabled by the hon. Member for Rotherham (Sarah Champion).

[Nicola Blackwood]

Will the Minister give way?

[The Solicitor-General]

I will give way very briefly.

[Nicola Blackwood]

The Solicitor-General is aware that the combination of child abduction warning notices and risk of sexual harm orders leaves a gap for 16 to 17-year-olds where it is impossible to prove sexual risk and where there is a need for immediate action without going to court.

[The Solicitor-General]

I remind my hon. Friend that other mechanisms and other types of order exist, and ask her to bear it in mind that the law was reformed by the Anti-social Behaviour, Crime and Policing Act 2014, which is just coming into force. There are other tools available to the police and enforcement authorities. We have to be careful not to seek to be over-reliant on one particular type of order. Reading carefully the recommendations and observations made by Louise Casey in the Rotherham report published only two weeks ago, there are certain concerns about an over-reliance on child abduction warning notices, as opposed to taking more direct action that has the force of statutory breach and criminal sanction on breach.

New clause 19 was tabled by the hon. Member for Rotherham. I am grateful to her for providing information she wished me to consider. I confirm that we plan to implement the new sexual risk orders before the end of this Parliament. As we all know, that is a very short space of time indeed. I reassure her that we will publish guidance on their use and we will work with the police to review their effectiveness, including in the context of how child abduction warning notices are used. As a result of our productive meeting, Barnardo’s will be consulted as a part of that process.

The hon. Member for Stockport (Ann Coffey) made a point about references to the phrase “child prostitution” in a number of other Acts and regulations. The Government’s amendments to schedule 4 pick up the references to child prostitution in primary legislation, and we have a power in clause 79(2) to amend secondary legislation. That should help to clean up and clear up references to child prostitution in a number of regulations.

[Ann Coffey]

indicated assent.

--- Later in debate ---

[The Solicitor-General]

I will put on the record the assent of the hon. Lady. I am grateful to her for all her work on this matter.

I will move on briefly to the proposals in new clauses 15 and 16 to tackle the encouragement or promotion of FGM. In Committee, the hon. Member for Feltham and Heston (Seema Malhotra) rightly said:

“encouragement to commit an offence is not an issue of free speech.”––[Official Report, Serious Crime [Lords] Public Bill Committee, 20 January 2015; c. 157.]

However, we need to distinguish between actual active encouragement and the expression of a distasteful opinion. As the law stands, there must be some direct connection between the encouragement or assistance and the principal offence. We believe that that is the right approach. It is settled law that applies to a whole range of criminal offences. We are not convinced of the need to go beyond that and create an offence or introduce civil measures that prohibit any or all encouragement, regardless of the intention behind it. It is too general, in our view, and there will be evidential difficulties. Members of this House and practitioners in the field are familiar with the term FGM, but it is not, of course, a term that would necessarily or colloquially be used by those who support, or have sympathy with, that form of abuse. We therefore need to think about the practicalities and the realities of seeking to prove such a general offence in the field. I am not convinced, with respect to those who moved the new clauses, that they would achieve their aim.

Amendment 20 was tabled by my hon. Friends the Members for Stone (Sir William Cash) and for Mid Derbyshire (Pauline Latham). We heard a characteristically impassioned speech from my hon. Friend the Member for Stone. I remind him that it is a passion we all share. A large number of Members—including the Under-Secretary of State for Health, my hon. Friend the Member for Battersea (Jane Ellison), who will be speaking to a later group of amendments, myself and others—all share his passion to see an end to FGM. With respect, the test that would be applied in his amendment would not help. The phrasing and terminology of FGM protection orders replicates provisions we already have in law in relation to forced marriage protection orders. It is clear that we are talking about prevention and the protection of young women and girls from FGM. Therefore, and with respect to him, references to risk are wholly otiose.

[Sir William Cash]

Will the Minister give way?

[The Solicitor-General]

I would like to give way, but I am afraid I am going to stick to the Speaker’s exhortation and stick to time.

It is not only the proposed legislation, but as a result of a significant public awareness programme being—

[Sir William Cash]

Will the Minister give way?

[The Solicitor-General]

I am afraid I cannot give way to my hon. Friend.

Coupled with a widespread public awareness programme, the provision will deal with the mischief my hon. Friend rightly talks about without unnecessarily complicating the Bill by otiose references to risk. It is simply not necessary.

The Opposition spokesperson, the hon. Member for Kingston upon Hull North (Diana Johnson), tabled amendment (a) to Government new clause 8. I entirely understand the spirit with which she wishes to move her amendment. The Government’s aim is to replicate the offence in the Sexual Offences Act 2003 in a way that removes the offending phrase “child prostitution”. What we do not seek to do is widen or create a new offence. The danger of her amendment is that it would involve a substantive change in the law. For that reason, we do not support it.

Briefly, on new clause 22 with regard to child exploitation, the Modern Slavery Bill will deal in large measure with the abuse identified by all corners of the House. We do not think—this is supported by the Director of Public Prosecutions, the National Crime Agency, the National Policing Lead for Modern Slavery and the independent Anti-Slavery Commissioner—that the new offence would add anything other than confusion to the existing legislative position.

I hope I have already answered my hon. Friend the Member for Mole Valley (Sir Paul Beresford) with regard to amendment 33. I listened to him carefully. We have made progress. We think the most likely scenario involving paedophilic manuals and individuals who travel abroad is that they will come into possession of such a manual either in this country by downloading it or by bringing it in to this country. We therefore think that some of the problems he rightly talks about will be covered.

Oral Answers to Questions

Robert Buckland Excerpts

Tuesday 10th February 2015 Commons Chamber

[Mr Nigel Evans (Ribble Valley) (Con)]

2. What assessment he has made of the potential effect of introducing an offence of coercive control on prosecutions for domestic abuse.

[The Solicitor-General (Mr Robert Buckland)]

I have been taking this welcome new measure through Committee with the support of Members from all parties. The new law of coercive control will help protect victims by criminalising sustained patterns of behaviour that stop short of serious physical violence but amount to extreme psychological and emotional abuse. It is likely to increase the number of cases of domestic abuse reported, which should result in an increase in the number of prosecutions.

[Mr Evans]

I am grateful for that response. As the number of domestic abuse referrals has increased, which must be welcomed as people now have the confidence to refer such crimes of abuse, does the Solicitor-General agree that it is apparent that just as physical abuse should be consigned to the history books so should mental control, which is a form of torture that is equally unacceptable in this country today?

[The Solicitor-General]

I welcome my hon. Friend’s remarks. Only today on the radio, we heard about people using mobile apps to control the movements and behaviour of their partners. Modern technology can be a wonderful thing, but it can also be very dangerous in the wrong hands. I believe that the new law will embrace that, too.

[Keith Vaz (Leicester East) (Lab)]

Female genital mutilation is a form of domestic abuse. Is the Solicitor-General as concerned as I am that there has been no successful prosecution for FGM in this country, following the acquittal last week of two of those prosecuted?

[The Solicitor-General]

The right hon. Gentleman and I share a passion for ending this scourge. It was important that the prosecution was brought and the number of referrals continues to increase—we did not have any referrals before 2010. That shows that both the police and the Crown Prosecution Service are taking the matter very seriously. The message must be sent out to everybody that those who indulge in this form of abuse will be subject to the law and to prosecution.

[Robert Neill (Bromley and Chislehurst) (Con)]

May I welcome the Solicitor-General’s recognition of the importance of dealing with the psychological intimidation of witnesses, which, as those of us who have prosecuted a case of this kind will know, can be every bit as difficult as physical intimidation? I congratulate him personally on the initiatives he has taken in this matter and the work he has been doing.

[The Solicitor-General]

I am grateful to my hon. Friend for those remarks. It was important that we fill the loopholes in the law. We now have the stalking and harassment legislation introduced by this Government and legislation on coercive control. We are doing everything we can to deal with the scourge of emotional and psychological abuse.

[Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)]

May I commend the Solicitor-General on his co-operative and informed attitude to the issue of coercive control and on the way in which he took the matter through Committee? I also thank him for sponsoring my ten-minute rule Bill on the subject last year; it would be remiss of me not to say that. On a more serious note, will he assure the House that prior to the commencement of the new law, welcome as we all say it will be, there will be sufficient time to train the police and prosecuting authorities and the necessary guidelines will be produced?

[The Solicitor-General]

I thank the right hon. Gentleman for his question and I entirely agree that we must ensure that full training of the police, the Crown Prosecution Service and all the authorities that will be responsible for dealing with the new legislation is put in place before we bring it into force.

[Heidi Alexander (Lewisham East) (Lab)]

3. What recent discussions he has had with the Chancellor of the Exchequer on funding for the Crown Prosecution Service to ensure effective prosecution of historical sex abuse cases.

--- Later in debate ---

[Karen Lumley (Redditch) (Con)]

5. What steps the Crown Prosecution Service is taking to increase the number of successful prosecutions for human trafficking offences.

[The Solicitor-General (Mr Robert Buckland)]

The number of successful prosecutions in human trafficking cases has increased each year since April 2010, from 73 to 155, which is more than double. The Director of Public Prosecutions is seeking to increase the number of prosecutions further through the CPS contribution to the Government strategy on modern slavery.

[Karen Lumley]

Does my hon. and learned Friend agree that the Modern Slavery Bill is a groundbreaking measure that will send a clear message to perpetrators?

[The Solicitor-General]

I do, and I am grateful to Members in all parts of the House for their sterling support for legislation which is among the first in the world and the first in Europe.

--- Later in debate ---

[Mr Speaker]

Even if the hon. Gentleman’s palate is not yet fully satisfied, I hope he feels he has now had his hors d’oeuvre for the day.

[The Solicitor-General]

The hon. Gentleman is right to be impatient—we all are—for progress in tackling this scourge. It exists not just here at home, but internationally. We have criminal justice advisers and liaison magistrates in 20 countries where we know that human trafficking is a source problem. Human trafficking will not be tackled just within these shores. The effort has to be international.

[Bob Blackman (Harrow East) (Con)]

8. What assessment he has made of the benefits of increased digital working by the Crown Prosecution Service; and what estimate he has made of potential savings from such changes.

[The Solicitor-General (Mr Robert Buckland)]

The Crown Prosecution Service (CPS) has made substantial progress in implementing digital working with other criminal justice agencies. Almost all police forces are now transferring over 90% of case files electronically. Savings are being made through business process change and other economies. By 2015-16, the CPS estimates that savings of approximately £30 million per annum will be achieved.

[Bob Blackman]

Clearly, there are benefits from not losing documents and removing huge piles of paper from cases. What further measures can my hon. and learned Friend take to speed up the process so that the interests of justice are served?

[The Solicitor-General]

My hon. Friend is right to talk about more measures. That will come through initiatives such as the common platform between the Courts and Tribunals Service and the Crown Prosecution Service, so that everybody in the courts system is using digital technology. That will achieve real savings in the long term.

[Mr David Hanson (Delyn) (Lab)]

9. What recent discussions he has had with the Director of Public Prosecutions on dealing with vulnerable victims and witnesses.

[The Solicitor-General (Mr Robert Buckland)]

Measures to support vulnerable victims and witnesses are regularly discussed by the Crown Prosecution Service and the Attorney-General’s office. The CPS works closely with the police and the voluntary sector to ensure that vulnerable victims and witnesses are well supported through the criminal justice system. The results of the first national CPS survey of victims and witnesses due in the summer will inform future actions.

[Mr Hanson]

The Crown Prosecution Service draft document, “Speaking to Witnesses at Court”, was published in January, and it is broadly welcome. However, will the Solicitor-General give some reassurance to those who are concerned that it might involve coaching of witnesses?

[The Solicitor-General]

It is vital that everybody involved in witness care understands the old and well-established rule that witnesses must not be coached. Educating them in the process is absolutely right, but talking about the evidence and trying to coach them in some way would be wholly wrong.

[Mr Speaker]

Last but not least, I call Peter Bone.

[Mr Peter Bone (Wellingborough) (Con)]

Thank you, Mr Speaker.

Victims of human trafficking are the most vulnerable witnesses that can be had before the courts. Adult victims of human trafficking are looked after very well under the Government’s scheme, but child victims are not. Will the Solicitor-General look at ways in which we can improve protection and help for the child victims of human trafficking?

[The Solicitor-General]

I am grateful to my hon. Friend, whose track record in fighting modern-day slavery is well known to us all. The Crown Prosecution Service has clear guidelines that ask prosecutors to consider very carefully the public interest in prosecuting young people who are identified as victims of human trafficking where there is clear evidence of exploitation. That approach will turn people who used to be regarded as defendants into true victims of modern-day slavery.

UK and Gibraltar Prosecuting Authorities

Robert Buckland Excerpts

Wednesday 3rd December 2014 Westminster Hall

[The Solicitor-General (Mr Robert Buckland)]

It is a pleasure, Mr Crausby, to serve under your chairmanship. I thank my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) for securing this debate at a timely moment, when the Joint Ministerial Council is meeting here in London and the Chief Minister of Gibraltar and those of other British overseas territories are with us. It is timely indeed, because it gives all Members of this House and all parties in this House an opportunity to reaffirm our strong support and commitment to Gibraltar and its work, not just in co-operation with the United Kingdom but with other territories and countries, in helping to fight international crime.

[Ian Paisley (North Antrim) (DUP)]

Will the Solicitor-General take it upon himself at the end of the debate to let the Chief Minister know of the unwavering support throughout this House and that it stands shoulder to shoulder with the people of Gibraltar?

[The Solicitor-General]

I am happy to accept the hon. Gentleman’s exhortation. I hope to see the Chief Minister at the Foreign Office later today and I will convey the message of this House loud and clear that we support the work of our friends in Gibraltar and the prosecutorial authorities and indeed the Attorney General, Ricky Rhoda.

I can contribute to this debate by outlining the work of the Crown Prosecution Service and Serious Fraud Office, both of which the Attorney-General and I superintend in our role as Law Officers. Indeed, I am pleased to be able to tell my hon. Friend that the working relationship between the UK and Gibraltarian prosecuting authorities is strong and constructive.

As my hon. Friend recognises, the Government have set out to reinvigorate our relationship with the overseas territories, to increase the UK’s engagement with their Governments at all levels and to support them when required. I have just returned from a conference of Attorneys General of 10 of the UK’s overseas territories, including Gibraltar, with representatives from the United States and Canadian Departments of Justice. We met in Miami and discussed a range of topics relating to the rule of law and administration of justice in the overseas territories and sought to enhance our mutual co-operation on a range of matters. After three and a half days of discussion, my firm view is that the Attorneys General of each of our territories play a key role in helping to drive forward legal reform and to meet our wider ambitions.

Ensuring good governance and respect for the rule of law is a fundamental and vital platform for delivering security and prosperity for all our citizens. During the conference we discussed important topics including mutual legal assistance, extradition procedures, tackling bribery, fraud and corruption, improving legislative drafting processes, child safeguarding—a growing and important issue in many territories—and constitutional matters. A series of actions on those subjects was agreed, and I look forward to continuing our close liaison with the Attorney General of Gibraltar and the other overseas territories as we work to deliver them.

I turn to the work of the prosecuting authorities, starting with the Crown Prosecution Service. It is important to note that co-operation between the UK and Gibraltar is not confined to mutual legal assistance through the formal letter of request process. It also takes place, as my hon. Friend suggested, on a police-to-police basis. The appropriate avenue will depend on the nature of the request and the purpose for which the information or evidence is sought. Both the Crown Prosecution Service and the Serious Fraud Office work regularly with other judicial authorities using the established MLA channels. That is how countries request and provide assistance in obtaining evidence that is located in one country for use in criminal investigations and prosecutions in another. It is also used to obtain assistance in the tracing, restraint and confiscation of the proceeds of crime, which is particularly germane to the issues that have been raised today.

Letters of request from Gibraltar to the UK typically come via the United Kingdom central authority, which is based in the Home Office. The CPS will be involved in requests to restrain or confiscate assets here in the UK. The CPS and the SFO have worked with the Gibraltarian authorities in the past few years, and that has been of real benefit to both jurisdictions.

[Bob Stewart]

Is my hon. and learned Friend saying that to all intents and purposes, that which is legal in this country is legal in Gibraltar, and that which is illegal in Gibraltar is illegal in this country, too?

[The Solicitor-General]

That is a fair way of putting it. As my hon. Friend the Member for Bromley and Chislehurst has said, we will be entering into the justice and home affairs measures on 1 December, and Gibraltar has taken swift action to do likewise—to follow in lockstep with the UK. Those extra safeguards and means of mutual co-operation strengthen the ties that bind us.

I am sure that my hon. Friend will understand that it would not be appropriate for me to give specific examples because of the international expectation that MLA requests remain confidential. However, I can talk about some notable recent successes of the CPS, such as the securing of two convictions against individuals for fraudulently obtaining moneys from a vulnerable elderly relative. Assistance from Gibraltar helped to secure that conviction, and there was lawyer-to-lawyer contact to progress the case. I would like to mention some other examples of ongoing casework, ranging from organised crime—specifically drug trafficking—to fraud and identity theft. CPS lawyers have reported receiving exceptional assistance from Gibraltar, including a response to a request that was issued at very short notice following a change in position from the defence. In another case, a letter of request was sent to obtain banking evidence, and there were no problems with obtaining the material from Gibraltar.

[Keith Vaz]

That is very useful information, particularly in respect of the inquiries being undertaken by the Home Affairs Committee. Is the Solicitor-General telling the Chamber that there are no examples of people being prosecuted for money laundering in Gibraltar, either relating to drugs money—that is the main interest of the Select Committee—or otherwise?

[The Solicitor-General]

We are not aware of any prosecutions, but I will look into the matter further to give the right hon. Gentleman cast-iron information. I will write to him, if I may, on that point. I am grateful to him for helping to reinforce the consensus that exists in the House about the good criminal prosecution and investigation work that goes on in Gibraltar.

[Robert Neill]

Following on from that point, perhaps my hon. and learned Friend will confirm my own experience at the Bar, that very often jurisdiction as to where a prosecution takes place is but a small part of the bigger picture. Frequently, assistance given by authorities in one jurisdiction may lead to prosecutions elsewhere. The important test, with which Gibraltar completely complies, is the prevention of crime and the capture of criminals.

[The Solicitor-General]

My hon. Friend is absolutely right. The delicate network of interlocking mutual legal assistance is vital if we are to have a truly international approach to the fight against crime, which nowadays often exists in many jurisdictions and crosses many boundaries.

[Thomas Docherty]

Two specific allegations could be levelled against Gibraltar. The first is that it is a soft touch on the physical bringing of drugs into its ports; and the second is that it is a soft touch on the financial services-based introduction of laundered money. Will the Solicitor-General confirm, for the record, that Gibraltar’s ports are as safe as, if not safer than, UK ports and that its financial arrangements are as robust as those of the United Kingdom?

--- Later in debate ---

[The Solicitor-General]

I am grateful to the hon. Gentleman for giving me the opportunity, on behalf of Her Majesty’s Government, to provide those assurances and to send the message clearly to Madrid that it is wrong to seek opportunities to tarnish Gibraltar’s reputation, particularly in relation to money laundering and drug smuggling. Gibraltar works unceasingly and tirelessly to address those allegations. This debate is a great opportunity for us to set the record straight.

In the time that I have remaining, I would like to talk briefly about the SFO. Like the CPS, the SFO normally works through MLA channels, but it also uses informal liaison. The international assistance team in the SFO considers the execution of matters that have arisen from Gibraltar, and the SFO also regularly makes MLA requests. I am pleased to report that liaison between the SFO and the Gibraltarian authorities is very good. The SFO has worked with the Gibraltarian authorities on several occasions in the last few years. It is a matter of record that the First Minister of Gibraltar gave evidence for the prosecution in an SFO case relating to GP Noble in 2011 and 2012. The SFO has also provided expert assistance and support to the Gibraltarian authorities in respect of operational procedure and best practice. For example, the SFO graphics team met the Royal Gibraltar police to discuss a number of issues, including the presentation of evidence at court.

As my hon. Friend the Member for Bromley and Chislehurst set out, Gibraltar has signed up to several international obligations, which put it high in international standings. We are assured that the anti-money laundering legislation in Gibraltar is in full compliance with its EU obligations and that it has been independently reviewed by the Financial Action Task Force, the International Monetary Fund and others. Gibraltar is well advanced on meeting its Financial Action Task Force recommendations and preparing for the fourth money laundering directive. Notably, Gibraltar has entered into the equivalent of 125 tax information exchange agreements, and it is committed to automatic tax exchange with the UK, the USA and some 90 other countries via the common reporting standard, which my hon. Friend referred to. In addition, the Gibraltar Financial Intelligence Unit, which is responsible for, among other things, the receiving and actioning of suspicious transaction reports, is a member of the international Egmont group and shares information systematically with members of the group around the world. Those examples further demonstrate how Gibraltar’s regulatory, law enforcement and intelligence authorities work hand in glove with their UK and international counterparts in the detection and prevention of crime.

I hope that the debate has made it crystal clear, both to my hon. Friend and other hon. Members, and to the wider world, that there is a strong, constructive and ongoing working relationship between the prosecution authorities in this country and in Gibraltar. It should be obvious from the summary I have provided that that co-operation spans both formal and informal channels, and that it includes joint working on casework and promoting best practice. As I mentioned at the outset, the Attorney-General and I are clear in our support for our counterparts and their teams in all the overseas territories, which very much includes Gibraltar. They play a central role in driving legal reform and upholding the rule of law, and we are pleased to be able to offer them our full support in that regard.

FIFA World Cup Bids (Serious Fraud Office)

Robert Buckland Excerpts

Monday 1st December 2014 Commons Chamber

[The Solicitor-General (Mr Robert Buckland)]

It is a pleasure to respond to the debate called by my hon. Friend the Member for Folkestone and Hythe (Damian Collins), and I congratulate him on his terrier-like tenaciousness in pursuit of this matter. It is a serious matter because football—the beautiful game—has occupied the lives and memories of millions of us. A lot of us, as children and young people, looked forward to the World cup, which came round every four years, with great enthusiasm. I must confess that rugby is my first love, but World cups very much form part of my memory. That shows why this is serious, because anything that calls into question the integrity of those responsible for administering the biggest tournament in the world has to be a matter of huge public interest, both here and abroad.

The issues that my hon. Friend raises tonight are clearly important. I have to say that it is not within my living memory that Wales has been in a World cup—1958 was the last occasion. None the less, it is right to say that I have had a fraternal interest in the prospects of the England team in all the World cups that I have watched over the years.

But seriously, tonight we are here to deal with the question of jurisdiction and the potential role of British prosecuting authorities, which could include the Serious Fraud Office. I say that because the SFO has criteria that allow it to become involved in the investigation and prosecution of serious fraud. It is not perhaps correct to make an assumption that if criminal offences were disclosed within the jurisdiction that it would indeed be the SFO that would be the investigating authority. My hon. Friend is right to couch this debate tonight in the terms that he has, because what is being alleged is potentially serious fraud. The question is the position of British prosecutorial authorities in relation to that conduct, wherever it was committed and at what time it was committed. I will deal in turn with the questions that he raises.

My hon. Friend has already referred to the fact that the SFO has been following closely the emerging allegations about the bidding process, and that the director of the SFO, David Green, is considering whether it is appropriate to open a UK-based investigation. It would not be right for me to go into the detail, but I can assure my hon. Friend and the House that the SFO is engaging with appropriate overseas authorities in this matter, and is seeking their co-operation in terms of the sharing of material that would allow the SFO to make an informed determination about whether there are reasonable grounds to investigate an alleged offence in this jurisdiction.

[Damian Collins]

Is the Solicitor-General able to say with which authority the SFO has been engaging?

[The Solicitor-General]

My hon. Friend has echoed some of the detailed questions that he has asked, and it would not be right for me either to confirm or deny the existence of any mutual legal assistance arrangements that may have been reached. That is an operational matter that is beyond my remit. I am afraid that I will have to disappoint him in that respect, but what I will say in response to his main question about the process is that the SFO will consider all information brought to its attention, and that includes information from any alleged whistleblowers. The director may then decide whether it is appropriate to open an inquiry and whether he has jurisdiction to do so.

The director has demonstrated that the SFO is well prepared to take on difficult and high-profile cases. Currently, there are investigations into LIBOR manipulation, Tesco, Rolls-Royce, Barclays and GlaxoSmithKline, and the manipulation of foreign exchange rates. Those are all matters of great public interest that have a considerable international dimension. I recognise that the FIFA matter falls very much into that category, but the jurisdictional issues that are at the core of this debate are complex.

I am unable to comment on the allegations relating to the bidding processes for the 2018 and 2022 FIFA World cups except to say that it is clearly in the interests of football generally for this matter to be resolved properly and for any wrongdoing to be fully investigated. That is why I fully support the move by my right hon. Friend the Secretary of State for Culture, Media and Sport who has written to FIFA to ask for full disclosure of the Garcia report. FIFA has in the past asserted a commitment to be more transparent and accountable. Obviously, the best way to do that would be to release the full report. Members will be aware from media reports of the steps that FIFA has been taking in the past week or so and of the criminal complaint it has made to the Office of the Attorney General in Switzerland.

As I have said, the jurisdictional issues are complex, but I shall dwell on them for a moment for my hon. Friend’s benefit. He has asked two questions, one about jurisdiction and another about the applicable law at the material time. FIFA’s headquarters, as we know, are in Switzerland, and it was in Zurich that the bidding process was concluded back in 2010. The FIFA executive committee comprises 28 employees originating from 27 different countries.

I hope that hon. Members will agree that the SFO’s jurisdiction over any allegations surrounding the bidding process is not clear cut. It is entirely possible that allegations surrounding the behaviour of one country during the bidding process might be best dealt with by the authorities in that country, or that allegations relating to the process as a whole might be best dealt with by another. I accept, however, that my hon. Friend has raised his concerns that the constitution of FIFA has the effect of making it difficult for law enforcement agencies in different jurisdictions to apply the law, but it is clear that FIFA’s constitution does not shield its members from criminal liability. The fact that the individual concerned might be a member of FIFA is irrelevant to the question of criminal jurisdiction, and when that is the case I would expect the law enforcement agencies in the jurisdictions concerned to work together to achieve the right results. If UK jurisdiction is engaged, the SFO will play its part.

If the SFO uncovers offending over which our criminal courts have jurisdiction and that meets the director’s criteria, the director will consider whether to open an investigation, whether it points to wrongdoing abroad or here. Relevant to the decision would be the issue of whether the SFO would be the best placed body ultimately to investigate and prosecute offences. As I have said, that depends very much on the facts. Other international partners might prove to be better placed to investigate and prosecute.

Let me deal with the applicable law. Bribery can be prosecuted under more than one piece of UK legislation, depending on the facts of the offence and its timing. The Bribery Act 2010 came into force on 1 July 2011. It has a more developed extraterritorial reach than its predecessors, but it is not retrospective and so applies only to offences committed wholly after that date. Actions before that date are covered by other legislation, which in the case of England and Wales law is the Prevention of Corruption Act 1906, and its jurisdictional requirements are not identical. Therefore, as I have said, the timing of each allegedly corrupt act and its location affects the ability of the SFO to investigate and, where appropriate, prosecute.

Those are just some of the factors relating to jurisdiction and applicable law that might be relevant to the director of the SFO’s decision on whether to commence an investigation in the UK. Depending on the particular facts, UK legislation might not cover the allegations.

Let me turn to the discretion of the director of the SFO. When determining whether to commence an investigation, the director must have “reasonable grounds” to suspect serious or complex fraud. Even when there are such grounds and the SFO case acceptance criteria are otherwise met, offences might still be able to be prosecuted in more than one jurisdiction. When that is the case, prosecutors will work together to determine where allegations are most suitably dealt with.

A number of issues must be considered. Prosecutors need first to identify where a prosecution can take place and how many relevant jurisdictions there are. There is usually a preliminary presumption that prosecutions should take place in the jurisdiction where most of the criminality occurred, but other factors need consideration, such as delays that might be caused, the likely whereabouts of witnesses, evidence and suspects and so on.

I know that my hon. Friend and other hon. Members are anxious that these matters should be brought to a head, as time is ticking on and 2018 is not as far away as it seemed in 2010. We have had the Brazil world cup and are now moving on to the next round. But I urge my hon. Friend and other hon. Members to be patient. As strong as his feelings are in relation to how FIFA has conduced itself, it is right—and an important feature of our criminal justice system—that decisions on whether the SFO is to proceed, and if so how, are for the director of the SFO. As I have said, his office is following developments very closely.

In any event, quite apart from its own processes, FIFA has made a referral to the Attorney-General’s office in Switzerland, and the Swiss are therefore already seized of some aspects of the matter. The SFO continues its own review and stands ready in principle to work alongside colleagues in Switzerland and around the world on this matter.

[Damian Collins]

Can my hon. and learned Friend confirm that it would be possible for the SFO to make a request to the Swiss authorities to see the Garcia report, and that the decision could be made without referral to FIFA?

[The Solicitor-General]

As I have said, issues of mutual legal assistance are very much operational matters for the SFO, but in principle such requests can be made. However, I think that it is right for us entirely to cede responsibility for those decisions to the director and to the SFO itself. The important principle here is the independence of prosecutorial authorities, as I know my hon. Friend understands very well.

I will draw my remarks to a close by once again thanking my hon. Friend for bringing this issue, which is not just of passing concern, but of huge public concern, to the attention of the House and for talking frankly about the position of whistleblowers. I reassure him that the prosecutorial authorities in this country have well established procedures and protocols for dealing with alleged whistleblowers, from whichever source they come, and that, as I have said, the SFO would properly consider any information brought to its attention that may be material to these matters.

Question put and agreed to.

Serious Fraud Office (Contingencies Fund)

Robert Buckland Excerpts

Thursday 23rd October 2014 Written Statements

[The Solicitor-General (Mr Robert Buckland)]

I would like to inform the House that a cash advance from the Contingencies Fund has been sought for the Serious Fraud Office (SFO).

In line with the current arrangement for SFO funding agreed with HM Treasury, the SFO will be submitting a reserve claim as part of the supplementary estimate process for 2014-15.

The advance is required to meet an urgent cash requirement on existing services pending parliamentary approval of the 2014-15 supplementary estimate. The supplementary estimate will seek an increase in both the resource departmental expenditure limit and the net cash requirement in order to cover the cost of significant investigations and the settlement of material liabilities.

Parliamentary approval for additional resources of £26,500,000 will be sought in a supplementary estimate for the Serious Fraud Office. Pending that approval, urgent expenditure estimated at £26,500,000 will be met by a repayable cash advance from the Contingencies Fund. Should further resources be required, the Serious Fraud Office will seek authority through the Treasury in the normal way.

The advance will be repaid upon Royal Assent of the Supply and Appropriation (Anticipation and Adjustments) Bill.