Cawston Park Hospital

Lord Garnier Excerpts

Monday 21st March 2011 Commons Chamber

[The Solicitor-General (Mr Edward Garnier)]

I will speak quickly, to get as much on the record as I possibly can in the short time available to me.

I congratulate my hon. Friend the Member for Wycombe (Steve Baker) on securing the debate and thank him for making it possible for my hon. Friend the Member for Norwich North (Miss Smith), who is with me here on the Treasury Bench but who, as a Government Whip, is prevented from speaking, to bring before the House a matter that directly affects one of her constituents, Mr Andrew Breeze.

The debate allows me to answer some important questions on behalf of the Crown Prosecution Service, for which the Attorney-General and I are accountable to this House. I should also confirm that the interest of my hon. Friend the Member for Wycombe in this matter is not just altruistic, although it is that as well. Mr Breeze’s brother lives in his constituency, so he has a family interest in the debate.

Andrew Breeze was one of two defendants charged in February 2008 with conspiracy to defraud NHS primary care trusts by charging them for what was called “extra care” for mental health patients at a private hospital, Cawston Park hospital in Norfolk, which was owned by a company in which the defendants had a significant interest. Those activities were said to have taken place in the two years before August 2006. It was alleged by the prosecution that the charges for extra care were criminally dishonest, because that extra care was not in fact provided.

The trial began in April 2009 but was halted in June 2009 when the judge at Ipswich Crown court intervened, resulting in the prosecution bringing the case to a halt by offering no evidence. Mr Breeze was then acquitted of all charges. At the conclusion of the case the judge said to Mr Breeze and his co-accused:

“You leave vindicated with your good name intact and your heads held high.”

I wish to make it clear beyond doubt that that acquittal means that Mr Breeze was, and remains, not guilty of the criminal charges brought against him. On behalf of the CPS, and as Solicitor-General, I associate myself without reservation with the words of the judge, but I go further and say that in so far as Mr Breeze was prosecuted as a consequence of what the CPS did or did not do, I want to place on record for all to see my apologies to him. It has become clear that regardless of whether it was proper to investigate the affairs of Cawston Park in the first place, the prosecution should never have got as far as it did.

I am accountable for the CPS, which was responsible for deciding whether to institute and continue the prosecution in this matter. The police were responsible for investigating the case on the basis of a complaint from NHS Counter Fraud, but not for deciding whether to prosecute. The prosecution in this case should never have reached the stage that it did, and I repeat, without restating verbatim, the judge’s words and my apology.

I should also like to apologise to Mr Breeze for the failure to respond to his letters of complaint sent to the CPS after the trial finished. Mr Breeze eventually felt that he had no option but to present himself in person at the CPS offices, because of the repeated failures to reply to him.

In response to his complaint, the CPS did––very late––conduct a thorough review. It was conducted by a senior lawyer at the CPS, Elizabeth Bailey, who had no prior involvement in the case. She concluded that, in her view, the case should not have resulted in criminal charges. I endorse her conclusions. She found that there was material available in the evidence that could be seen as pointing towards dishonesty, but equally that there were issues, which were known about at the point of charge, that undermined the strength of the case. I will come to those in a moment. Different lawyers can quite properly take different views on the merits of any given case. Elizabeth Bailey in this case believed that, even if the charging decision could be seen as appropriate at the outset, the case should none the less not have been allowed to proceed to trial. She apologised to Mr Breeze by letter dated 26 July 2010 on behalf of the CPS both for the prosecution and for the lack of response to Mr Breeze’s complaint.

My hon. Friend the Member for Wycombe complains that that letter leaves Mr Breeze’s reputation tarnished, whereas the judge in the case told Mr Breeze that he left the court with his reputation intact and his head held high. With respect, since it was a private letter, it cannot be said to have had any public effect and the judge’s words at the end of the trial in 2009 are what will have been publicly remembered. However, in so far as there is any doubt about Mr Breeze’s reputation, I trust that what I have said tonight will make the position abundantly clear.

I gather that Mr Breeze has been in touch separately with Norfolk constabulary, the Information Commissioner’s Office and NHS Counter Fraud. I understand that Norfolk constabulary undertook a systematic review of its investigation under terms of reference agreed by the Independent Police Complaints Commission. NHS Counter Fraud has also undertaken its own internal review.

My hon. Friend asked for an independent inquiry. From what I have said, it must follow that I accept that this case raises several concerns. It has, however, been examined both inside and outside the CPS, and I do not believe that another inquiry would reach any new conclusions. The CPS has accepted responsibility for its failings in this case and they are now publicly acknowledged.

The case was not straightforward. There were some 84 witnesses and around 23,000 pages of evidence. The charging decision was approved by the then director of the fraud prosecution service. Both the barristers acting for the prosecution endorsed the decision to proceed. Miss Bailey was asked to consider the case in accordance with the code for Crown prosecutors which is issued by the Director of Public Prosecutions under section 10 of the Prosecution of Offences Act 1985. Her review of the evidence and the information that was available at the point of charge led to the following five conclusions.

First, there was in the hospital a lack of clarity about what the “extra care” charges were for. A better description might have been a “surcharge” for difficult-to-manage patients, but she commented, and I agree, that a lack of clarity is not necessarily indicative of fraud.

Secondly, several people, including Mr Breeze, his co-accused and other officers of the company were being sued by the board of the hospital. The other defendants in the civil action all later gave evidence for the prosecution. They had an interest in the outcome of the criminal case and, as Elizabeth Bailey found, that conflict should have been considered as a significant risk in the criminal case, but it was not. There should have been regular reviews as the case progressed.

Thirdly, in 2005 a due diligence report was prepared by PricewaterhouseCoopers on behalf of Lloyds TSB Development Capital Ltd, which was due to invest—

Departmental Expenditure Limit (2010-11)

Lord Garnier Excerpts

Monday 14th February 2011 Written Statements

[The Solicitor-General (Mr Edward Garnier)]

Subject to parliamentary approval of any necessary supplementary estimate, the Attorney-General’s total DEL will be increased by £1,000 from £697,852,000 to £697,853,000.



Within the total DEL change, the impact on resources and capital are set out in the following table:

Legal aid

Lord Garnier Excerpts

Tuesday 14th December 2010 Westminster Hall

[The Solicitor-General (Mr Edward Garnier)]

I congratulate the hon. Member for Westminster North (Ms Buck) on introducing this most important subject to Westminster Hall this morning. As the hon. Member for Hammersmith (Mr Slaughter) has said, she is the founder and chair of the all-party group on legal aid and I am sorry to hear that she is stepping down from being chair of that group. However, I hope that she will continue to take a close interest in this area of public policy.

I am speaking in the absence of the Under-Secretary of State for Justice, my hon. Friend the Member for Huntingdon (Mr Djanogly), but I think that it is fair to say that legal aid is an acutely difficult area of public policy. Everyone who has spoken today—those who have spoken directly and those, such as my hon. Friend the Member for New Forest East (Dr Lewis), who have intervened—approached the debate with no sense of political malice.

I think that in all our constituencies we find areas where there is a huge need for legal assistance; both legal advice and legal representation. My reply to this debate will be incomplete and will not come with the knowledge that my hon. Friend the Under-Secretary of State would have brought to it, since I have taken on this—I was going to say “case”—reply for the Government from another Department, which is normally a rather non-speaking Department.

Nevertheless, I hope that hon. Members will understand that we are at the very beginning of the consultation process, which will end in February, as the hon. Member for Hammersmith said. So I urge all those who have spoken in the debate and all those who have listened to it to participate in the consultation process. I also urge all those who have contacts with others outside Westminster Hall to encourage them to participate in the process, too. It is a deliberately lengthy consultation process, so that the Government can receive the benefit of the advice and the experience of those who know a great deal more about the matter than I do, and who provide advice and assistance.

The hon. Member for Westminster North and many other Members have today praised—quite properly and justly—the work of their citizens advice bureaux and not-for-profit advice providers in their constituencies. One that does not have to represent a constituency such as those of the hon. Lady or that of the right hon. Member for Tottenham (Mr Lammy) that, on the face of it, is challenged economically and socially to know the importance of those providers. One can represent a constituency such as mine that, on the face of it, appears to be prosperous but that has pockets of deprivation and great need for social welfare.

[Guto Bebb]

I would like to associate myself with many of the comments that have been made, especially those of my hon. Friend the Member for South Swindon (Mr Buckland). However, one particular issue that concerns me as the MP for a very rural constituency is the real possibility that we will end up with the hinterland of my constituency of Aberconwy not having any legal aid representation whatsoever, with people having to make round trips of 40, 50 or 60 miles to access support. Will my concern be addressed by the Ministry of Justice?

[The Solicitor-General]

I am sure that the Under-Secretary of State for Justice, my hon. Friend the Member for Huntingdon, will ensure that the Ministry of Justice addresses those points and I am certain that my hon. Friend the Member for Aberconwy (Guto Bebb) will want to participate in the consultation process.

Another point that occurred to me as I listened to the debate is that none of the arguments that I heard this morning is new. Indeed, I was making some of them myself between 1997 and 1999 as the Opposition spokesperson for the Lord Chancellor’s Department, when Geoff Hoon was the junior Minister dealing with this area of public policy. He was introducing proposals that turned into the so-called Access to Justice Act 1999. At the time, I suggested to him that those proposals would have had Attlee spinning in his grave.

However, to be in government is to have to make decisions and choices. The main factor that we have to address at the moment is the economic difficulties that the national budget faces. Every day, we are paying £120 million in interest payments alone. Would it not be better if we could spend that money on legal advice and representation? However, we have to make choices and I do not think that the hon. Member for Westminster North ducked that issue. In essence, she said that she accepts that choices have to be made, and that reductions in public expenditure have to be made. It is the pace with which and the areas where the cuts are made that she finds controversial.

[Stephen Timms]

The Solicitor-General is right to praise the work of citizens advice bureaux. However, the National Association of Citizens Advice Bureaux says that at the moment, a quarter of its funding nationally comes from legal aid. That funding will be entirely lost if these proposals go through unamended. Are the Government looking at an alternative way of funding welfare advice services across the country?

[The Solicitor-General]

I want to make two points. First—yes, of course the Government are doing so, and that is the point of the consultation. I hope that the right hon. Gentleman will participate in that consultation. Secondly, citizens advice bureaux are funded not just by central Government, but by other funding streams. Some are funded by as many as 15 funding streams.

That is not a complete answer to the right hon. Gentleman’s question, but I will throw back to him, as a former Treasury Minister, a question: where do we find the money at a time when we are spending £120 million a day on interest alone? We have to make difficult choices.

I accept that none of the answers that the Government come up with during this period will provide anybody with complete satisfaction. Nobody will leave this debate and go home for Christmas dancing in the streets about what I have said. However, we have to be realistic and face the hard choices that the previous Government have left us.

[Ms Buck]

I thank the Solicitor-General for giving way. I was in error in my introduction to the debate in not welcoming him, given that he has graciously stepped in to cover the Minister whose area of responsibility legal aid is, the Under-Secretary of State for Justice, the hon. Member for Huntingdon (Mr Djanogly).

I would just like to ask the Solicitor-General to ensure, when he passes the message about this debate on to the Under-Secretary that he says that I would like an answer to one of the questions that I posed. The assumption underlying the Green Paper is that there is some mythical capacity in the voluntary and pro bono sector to deal with the areas of service where legal aid will be withdrawn. If we accept that there are cuts that will have a major impact on services, does the Solicitor-General agree that we have to be honest about the implications of those cuts and not effectively massage them away by saying that, somehow, somebody mythical will pick all this up? What estimate have the Government made of that capacity?

[The Solicitor-General]

The Government have commissioned an impact assessment, which I believe was published at the same time as the Green Paper. However, let me do a deal with the hon. Lady. First, of course I accept that we are facing difficult choices and I do not shrink from them. Secondly, however, does she accept my point that not every problem in life that our constituents face and that we encounter as constituency MPs has to be dealt with by a lawyer? Not every problem—be it debt, housing, family-related or some other area of dispute—has to be tackled by a lawyer. We need to refocus our attention to find solutions.

I do not shrink from saying that this is a difficult area, or from saying that sometimes the state will have to provide legal assistance. However, we have to narrow the scope or ambit of the taxpayers’ responsibility for providing legal advice and legal representation. That does not mean that others in other parts of the community cannot come forward and provide the assistance that, as has been so clearly indicated by other Members, is so desperately needed.

I am sorry that this type of debate really requires rather longer time than we have had today. Nevertheless, I hope that the hon. Lady will take the debate outside into the wider community, so that the Government can have the benefit of hearing her views and those of her colleagues between now and next February.

Human Trafficking

Lord Garnier Excerpts

Thursday 2nd December 2010 Written Statements

[The Solicitor-General (Mr Edward Garnier)]

On Tuesday 30 November 2010 at oral parliamentary questions, my hon. Friend the Member for Newcastle upon Tyne Central (Chi Onwurah) asked me to “explain why the Government did not sign the EU Directive” on human trafficking, Official Report, column 661. I responded that we had signed it. The hon. Member raised the matter again as a point of order on 1 December, Official Report, column 821. As I made clear in my answer there is more than one instrument.

For the avoidance of doubt and confusion I set out here the UK’s position:

There are two European instruments currently in force and one proposal for an instrument.

The EU framework decision on combating trafficking in human beings was adopted by the Council of Ministers in July 2002. Member states had two years to implement the framework decision, including through any legislation. My right hon. Member for Sheffield, Brightside and Hillsborough (Mr Blunkett) was the Home Secretary at this time.

The UK signed up to the Council of Europe Convention on Action against Trafficking in Human Beings in March 2007 when the right hon. and noble Lord Reid of Cardowan was Home Secretary. It was ratified in December 2008 and came into force in April 2009 when the former Member for Redditch (Jacqui Smith) was Home Secretary.

In July this year the Government decided not to opt in to the draft EU Directive on combating human trafficking; a different instrument. If the Government conclude later that the directive would help us fight human trafficking, we can apply to opt in after it has been adopted. Negotiations on the text are at an advanced stage.

Point of Order

Lord Garnier Excerpts

Wednesday 1st December 2010 Commons Chamber

[Mr Speaker]

I am grateful to the hon. Lady for her point of order. The short answer to her question is that the best way for a mistake to be corrected is for the Minister, if he has made a mistake, to correct it. We are about to hear from the hon. and learned Solicitor-General.

[The Solicitor-General (Mr Edward Garnier)]

There was a degree of confusion; the hon. Lady’s question was too general. I answered the question correctly. There are two European directives, one of which is signed, and one of which is not, hence the confusion. The former right hon. Member for Airdrie and Shotts, now Lord Reid, signed on behalf of the Government the European directive to which I referred in my answer yesterday. The hon. Lady may have referred to a different directive that has not yet been signed, so we were both right and we were both wrong.

[Mr Speaker]

I do not want in any sense to treat this matter with levity, but I hope the Solicitor-General will understand if I say that that absolutely ingenious response is proof of the argument that no reply from a lawyer is ever simple.

[The Solicitor-General]

rose—

[Mr Speaker]

Order. We are grateful to the hon. and learned Gentleman. The hon. Lady has put her view very fairly and squarely on the record. We will leave it there for today. I am grateful to the hon. Lady, and indeed to the Solicitor-General.