Oral Answers to Questions

Suella Braverman Excerpts

Thursday 7th July 2022 Commons Chamber

[Tony Lloyd (Rochdale) (Lab)]

1. What recent assessment she has made of the effectiveness of the CPS in ensuring access to justice for the victims of crime.

[The Attorney General (Suella Braverman)]

Before I answer question 1, may I take the opportunity to pay tribute to my superb hon. and learned Friend the Member for Cheltenham (Alex Chalk)? He was quite simply an excellent Solicitor General, who took the difficult decision to resign from the Government this week. He was an absolute honour and pleasure to work with, a brilliant lawyer, a dedicated Member of Parliament and a shining example of the highest standards of public service.

Victims are not spectators. They have the right to be informed of their case and to be supported. That is why the Government are increasing funding for victim and witness support services to £192 million by 2024-25, which represents an uplift of 92% on core budgets in ’20-21. A large proportion of that funding has been allocated to police and crime commissioners to commission local victim support services. For ’22-23, the Ministry of Justice allocated about £5.2 million to the Greater Manchester PCC, to support services.

[Tony Lloyd]

I am bound to welcome any extra resources to support victims. Nevertheless, victims and their families are still treated in an appalling fashion in too many cases. Cases that do not come to court, trials that are cracked and all the things that go wrong give victims the impression that they are simply an adjunct to the process. What is the Attorney General seriously going to do about it?

[The Attorney General]

Well, I think that the Government have already acted in a significant way to put victims front and centre in our criminal justice system so that justice is secured for them. For 2021-22, the Ministry of Justice has provided £150 million for victims and witnesses alone, whether that is with more independent sexual violence advisers, who are game-changing in the victim experience—victims have told me personally how transformative the presence of an ISVA can be to their experience through the criminal justice system—or with the £20 million for local community-based sexual violence and domestic abuse services. I am very proud of the track record of this Government on supporting victims.

[Mr Speaker]

I call the Chair of the Select Committee on Justice.

[Mr Speaker]

That was very long!

[The Attorney General]

My hon. Friend makes an important point about the forthcoming Victims Bill. I am proud that the Government are introducing specific measures to transform victims’ experience of the criminal justice system. The Bill will pursue measures to improve victims’ experiences; we are looking at what more can be done to ensure that the victim’s voice is heard, both pre and post charge. I am particularly proud of the victims code, which came into force last year and is a real reflection of our commitment to victims.

[Mr Speaker]

I call the shadow Attorney General.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

May I say what an honour it is to be at this Dispatch Box facing the next Prime Minister as she awaits her call from the palace? It is a true honour, although colleagues will have noticed that in her list of leadership priorities last night the Attorney General had absolutely nothing to say about tackling the epidemic of crime in our country or ending the culture of lawbreaking in our Government, both of which have flourished on her watch. What she did say last night, however, was that we need to

“shrink the size of the state”.

I ask the Attorney General a very simple question: in percentage terms, what size of staffing cuts does she plan to make to the Crown Prosecution Service, and what will that mean to the record backlogs that our courts currently face?

[The Attorney General]

I know that the right hon. Lady loves to degrade these question sessions to petty politics. I am not going to lower myself to her standards; I am here to talk about victims and what we are doing to secure justice for vulnerable people. I am very proud of the financial settlement that this Government have put into the CPS, increasing the number of prosecutors. Notably, in the past 12 months alone there have been 115 more RASSO-trained prosecutors in place to work specifically to support victims.

[Mr Speaker]

We now come to the SNP spokesperson.

[The Attorney General]

The hon. Lady has raised some good points. Over the last two years, however, there has been a sea change in what the Government have been doing to tackle violence against women and girls. We now have more data, with localised data dashboards and scorecards shining a light on how different parts of the country are performing in relation to RASSO— rape and serious sexual offences—and indeed all crime, and how they are recovering from covid.

As I have said, I am proud of the victims code, which contains 12 rights for victims which will be enshrined in statute—for instance, a right for victims to be referred to the relevant support services, a right for victims to have access to the relevant information, and a right for victims to make a personal statement in court. Those are meaningful changes that this Government have introduced, and I am very proud of that.

[Craig Williams (Montgomeryshire) (Con)]

2. What recent assessment she has made of the performance of the Crown Prosecution Service in Mid Wales.

[The Attorney General (Suella Braverman)]

I visited the CPS in Wales in February and was pleased to be able to speak to the hard-working and dedicated prosecutors about their work, which has also been praised in a recent report from the CPS inspectorate. I know that the hon. Member had a productive meeting with the Chief Crown Prosecutor for Wales recently, and I hope he will join me in commending the area for its strong performance in recovering from the backlog.

[Craig Williams]

I thank the Attorney General for her answer, and it is good to see her in her place. I also pay tribute to Jenny Hopkins, the Chief Crown Prosecutor for Wales. As the Attorney General said, I met her recently, and she and her team are doing a terrific job. However, the court backlog in Mid Wales—rural Wales—is still quite spectacular. What is the Attorney General doing to deal with the problem?

[The Attorney General]

The data, to which we now have unprecedented access, shows that when it comes to recovery from covid and court backlogs, the CPS in Wales and the local criminal justice board have performed exceptionally well. Huge resources have been put into court recovery, which is why the magistrates court backlog in the CPS Wales area was the first to recover from the impact of covid, with live caseload numbers falling to below pre-covid levels in December 2021.

I successfully personally presented a case at the Court of Appeal, sitting at Cardiff Crown court, which resulted in an increase from 13 years to 20 years and seven months, with an extended licence period of five years,. in the prison sentence given to Stephen Gibbs for an attempted murder. I was delighted and honoured to be in court in Wales.

[Scott Benton (Blackpool South) (Con)]

3. What steps she is taking to increase prosecution rates for rape.

[Mrs Flick Drummond (Meon Valley) (Con)]

7. What steps she is taking to increase prosecution rates for rape.

[The Attorney General]

We are united in our combined efforts, across Government, to improve performance for victims and increase the number of successful rape cases that go through our courts. Since we published our rape review action plan, there has been a steady increase in the number of rape charges, prosecutions and convictions quarter on quarter. We are closing the gap between complaints and convictions. Most notably, the number of convictions for rape offences is up by 27% on the number in 2019.

[Scott Benton]

In Lancashire, our brilliant police and crime commissioner, Andrew Snowden, is funding a variety of projects to reduce the number of rape and serious sexual offences. They include dedicated specialist support services for victims, and Operation Night Guardian, which focuses on the night economy. How is the CPS in Lancashire working alongside our police and crime commissioner to improve the rates of conviction for these abhorrent crimes?

[The Attorney General]

I am pleased to report that CPS North West is in an Operation Soteria area. Operation Soteria, which was introduced recently under this Government, is an ambitious joint police and CPS programme of work to transform the way in which rape prosecutions are handled. It will provide a renewed focus on investigating the suspect rather than the victim, and will ultimately create a new operating model for the investigation and prosecution of rape. We are pleased to be seeing the green shoots of progress nationally: the number of rape convictions has increased by 29% compared with the last quarter pre-covid.

[Mrs Drummond]

I have a constituent whose sperm was used without his consent by his ex-partner so that she could become pregnant. The police have looked at the case and passed it to the CPS, which says that the law does not allow it to deal with the offence as any kind of sexual assault. Will my right hon. and learned Friend look at the law? This is not just “sperm theft”, but a form of sexual assault and a violation of my constituent’s rights.

[The Attorney General]

My thoughts are very much with my hon. Friend’s constituent. That sounds like a very traumatic affair. I want to thank her for raising this case. I know that she has already received a reply from my Department setting out the reasons why the CPS could not proceed with this particular case. The CPS looked at all the facts of the case carefully and considered all the available offences under current legislation before determining that no offence had been committed under current law. I will raise the case with my colleagues in the Ministry of Justice so that they might look at the existing statutory framework.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

Since the Supreme Court reversed the Roe v. Wade judgment, a 10-year-old girl in Ohio who is pregnant as a result of rape has been forced to travel to Indiana from her home state for an abortion, which she could not get locally. Will the Attorney General condemn the appalling cruelty that has resulted, and will result, from the Supreme Court ruling? Will she also condemn the Conservative MPs who celebrated it on social media?

[The Attorney General]

I do not think it is the right of a UK Government Minister to comment on a judicial decision in another jurisdiction such as the United States. That is a matter for the United States Supreme Court and the United States Congress to resolve. What I am focused on is the experience of victims in Britain and Wales and how we can improve our criminal justice system. That is why I am very proud of the achievements that we have secured. I am very proud that, for example, the CPS prosecuted 430,000 defendants last year on a whole suite of offences, including 69 alleged terrorists, 33 of whom were convicted, and 19,000 serious violence offences, with a conviction rate of almost 75%. Those are the statistics, the facts and the policies on which I am focused.

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

Is the Attorney-General proud of her achievements when the delay between offence and completion in rape cases is now more than 1,000 days and there are 50 UK Crown courts with delays of more than three years and 18 with delays of more than four years? Does she agree with the Victims Commissioner that these delays are appalling? Could she take time out from her leadership campaign to look at bringing in pre-recorded evidence and cross-examination in all rape cases in all Crown courts now?

[The Attorney General]

Actually, what we are seeing as a result of pioneering operations such as Soteria is a closer collaboration between police and prosecutor. What we know works is when a prosecutor has a good, clear case strategy, has a grip of the case and has properly identified the challenges, and when the police are supportive and involved in the investigation. Close collaboration, early investigative advice and support for the victim is what will cut down the timelines and ensure that victims get justice in a swifter way. That is why I am very proud of the section 28 roll-out.

[Andy Slaughter (Hammersmith) (Lab)]

The last time we debated this issue in this Chamber, the Attorney General told me that

“any allegation of domestic abuse or sexual assault on victims is horrendous. On no account does anyone in this Government condone that behaviour.”—[Official Report, 26 May 2022; Vol. 715, c. 414.]

So why did the Attorney General not call for the Prime Minister’s resignation when she found out that he had turned a blind eye to an allegation of sexual assault by one of his own Ministers, but did call for his resignation to launch her bizarre leadership campaign live on TV last night? Does that not just sum up how she has debased the office she holds and put political ambition before the rule of law?

[The Attorney General]

The hon. Gentleman could have asked about domestic abuse victims; he could have asked about RASSO; he could have asked about crime prevention and keeping the British people safe. Instead, he used his opportunity to score cheap political points—[Interruption.]

[Mr Speaker]

Order. Front Benchers should not be shouting after asking the question. Let’s get this done and move on.

[The Attorney General]

When it comes to domestic abuse, our landmark Domestic Abuse Act 2021 is strengthening protection for victims and ensuring that perpetrators feel the full force of the law. It includes the first legal definition of domestic abuse, it improves support for victims in the courts, it introduces new offences and it strengthens the legislation precisely for victims of domestic abuse. It is a pity he did not want to talk about that.

[Mike Wood (Dudley South) (Con)]

4. What recent steps she has taken to improve the efficiency and effectiveness of disclosure between all parties in the criminal justice system.

[The Attorney General (Suella Braverman)]

We published the review of disclosure and the amended disclosure guidelines in May to deliver improvements for police, prosecutors and victims of crime. The new guidelines feature an annex on data protection that will ease the burden on police handling of digital material and will leave the police more time to be on the street, fighting and investigating crime. I am pleased with how the guide- lines have been received by the profession throughout.

[Mike Wood]

What impact does the Attorney General expect her guidelines, published in May, to have on the CPS’s decision making and prosecution of sex offences?

[The Attorney General]

My hon. Friend raises a real priority for the Government. These guidelines will mean fewer unnecessary intrusions into a victim’s private life and more interactions with victims to help them understand the process. All of this will mean that victims are more engaged, there is less attrition and the process is swifter but just as effective. It is unfortunate that some Labour Members have promoted an incorrect understanding of what these guidelines mean.

[Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)]

6. What recent discussions she has had with the Serious Fraud Office on the potential level of fraud losses arising from covid-19 related contracts awarded by the Department of Health and Social Care.

[The Attorney General (Suella Braverman)]

There have been no prosecutions by either the Serious Fraud Office or the Crown Prosecution Service of frauds connected to covid-19 contracts awarded by the Department of Health and Social Care. However, I can neither confirm nor deny whether the Serious Fraud Office is investigating any frauds relating to those contracts. This Government rightly took swift action at the height of the pandemic and, thanks to the excellent work of this Government, including Government lawyers, we have successfully defended the majority of our coronavirus-related litigation.

[Neale Hanvey]

The secrecy on VIP lane contracts is emblematic of the loss of trust and transparency in this Government. Over the last 48 hours, Conservative Members have repeatedly stated the importance of integrity and honesty. As Prime Minister, will the Attorney General finally lift the veil of secrecy, publish the full details of VIP lane contacts and refer the matter to a committee or authorities, as necessary?

[The Attorney General]

A lot of covid-related litigation has gone through our courts, and there has been a lot of scrutiny of the Government’s decision making and actions during the pandemic. I am pleased to say that the Government were successful in the majority of cases, with our decision making being upheld and found to be lawful.

[Mr Speaker]

Before I call Barry Sheerman, I note that he wishes to raise the case of his late constituent Ms Katelyn Dawson, who is the subject of an open and adjourned inquest. I am exercising the discretion given to the Chair in relation to matters that are sub judice to allow reference to the case as part of the question and answer.

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

8. If her Department will take steps to increase the number of prosecutions for individuals who have killed vulnerable road users by dangerous driving.

[The Attorney General (Suella Braverman)]

I am aware of this tragic case in the hon. Gentleman’s constituency, and I take this opportunity to offer my deepest condolences to Katelyn’s family and friends. I thank the hon. Gentleman for his tireless campaigning, over many years, on all road safety issues. He has been a leader in this field.

Like the hon. Gentleman, I recognise the devastating impact that fatal road traffic accidents and collisions can have on families and victims, which is why, under the Police, Crime, Sentencing and Courts Act 2022, this Government increased the maximum penalty to life imprisonment for the offences of causing death by dangerous driving and causing death by careless driving when under the influence of drink or drugs. Last year, the CPS charged more than 650 defendants in relation to fatal road traffic accidents, bringing the total number of charges back in line with pre-pandemic levels.

[Mr Sheerman]

I have been around long enough to be one of the people who introduced the seatbelt legislation that banned children from travelling unrestrained in cars.

I was not going to talk about specifics, Mr Speaker, although you were very kind to mention the case in my constituency. I am very worried that, across the country, an increasing number of families have had a family member killed by a driver and then, because a lot of people are able to hire very expensive lawyers who can argue things like automatism—that they were not in control of their body or faculties at the time of the accident—the CPS is increasingly frightened into not prosecuting. That is my worry. Can we do something about it?

[The Attorney General]

It is tragic; there are simply no words for the situation that the hon. Gentleman sets out. Ultimately, fairness sits at the heart of our justice system. Therefore, the same threshold is used for all offences—deciding whether to prosecute in fatal road traffic cases or murder cases. That is set out in “The Code for Crown Prosecutors” and has remained the same since the CPS was formed in the 1980s. It sets out a two-stage test, with which many people here will be familiar. A case will proceed only where both stages of the test are met. It always comes down to the evidence and the public interest, and I am very happy to talk to him about what more can be done, operationally or in the state of the law, to remedy the problem he identifies.