Oral Answers to Questions

Lord Garnier Excerpts

Tuesday 22nd May 2012 Commons Chamber

[Yvonne Fovargue (Makerfield) (Lab)]

2. If he will take steps to increase the public profile of the work of the Crown Prosecution Service on allegations of rape made by young women.

[The Solicitor-General (Mr Edward Garnier)]

The CPS and the specialist rape and serious sexual offences teams in every CPS area take all allegations of rape against every age group very seriously, and as a matter of general principle are keen that their work should be given the highest possible public profile. That said, they and the police have to make a judgment in each case about whether and to what extent to give publicity to it pre-trial, because quite apart from the laws of contempt and those prohibiting the identification of victims, the victim is entitled to be spared as much as possible any additional trauma beyond that caused by the rape itself.

[Yvonne Fovargue]

The conviction last month of Kabeer Hassan and another man for rape and conspiracy to engage in sexual activity with a child calls into question the original CPS decision not to charge the men because the young woman was deemed not to be a credible witness. Does the Solicitor-General share my concern that the CPS’s original decision sends out a very dangerous message to other young victims of rape that they will not be believed?

[The Solicitor-General]

If there is any good news to be had out of that terrible case, it is that the chief Crown prosecutor for the north-west, Mr. Nazir Afzal, revisited that decision, overturned it and ensured that the defendants were prosecuted, and prosecuted to conviction. I hope that the hon. Lady will be pleased by the result of that case.

[Mrs Helen Grant (Maidstone and The Weald) (Con)]

Does the Solicitor-General agree that the increased number of rape crisis centres opened by the Government helped to increase the number of rape prosecutions?

[The Solicitor-General]

Yes. It will be one of the many factors that have done so, and I hope that we will see them being better used and with greater efficiency in future.

[Mr David Burrowes (Enfield, Southgate) (Con)]

The Solicitor-General will be aware that high profile cases often attract resource and, in particular, early involvement of the prosecution. Can he ensure that victims of rape get similar attention and profile?

[The Solicitor-General]

Yes, I can. The specialist rape prosecuting teams and the specially trained police officers, as well as witness care units run by the CPS, are now working well together to ensure that rape victims receive the proper treatment they need.

[Mr Stephen Hepburn (Jarrow) (Lab)]

4. What recent assessment he has made of the effectiveness of prosecutions for forced marriage.

[The Solicitor-General (Mr Edward Garnier)]

None personally, but the Home Office recently concluded its public consultation on forced marriage and the Prime Minister has announced our intention to sign the Council of Europe’s convention on preventing and combating violence against women and domestic violence, which will require us to criminalise forced marriage. Currently, in this jurisdiction there is no specific crime of forced marriage, and offences within that term are prosecuted under, for example, the Offences Against the Person Act 1861, the Sexual Offences Act 2003, or other suitable statutes.

[Mr Hepburn]

Every year in this country, thousands of children are subjected to the cruelty of forced marriage. The Government are quite right in what they say and they will act against this, but nothing at all was mentioned in the Queen’s Speech. Can the Solicitor-General tell us exactly when we will have a Bill in this House so that we can outlaw this barbaric practice 100%?

[The Solicitor-General]

No, I cannot say precisely when we will have a Bill to outlaw this barbaric practice, but I can assure him that our signing of the convention will lead inexorably in that direction.

[Bob Blackman (Harrow East) (Con)]

Can my hon. and learned Friend inform the House what penalties are envisaged for this terrible crime once it is made a criminal offence?

[The Solicitor-General]

No, but the penalties will be quite severe. The only guidance I can give my hon. Friend is to look at the penalties imposed under existing convictions. For example, last year there were 42 prosecutions for forced marriage under the various statutes I have referred to, a number of which led to quite lengthy sentences.

[Hugh Bayley (York Central) (Lab)]

5. How many employees the Crown Prosecution Service has at (a) Athena house, York and (b) other locations in York.

--- Later in debate ---

[Nic Dakin (Scunthorpe) (Lab)]

7. If he will assess the effect on the cost of prosecutions of delays caused by the absence of an interpreter.

[The Solicitor-General (Mr Edward Garnier)]

The CPS has no central records on the cost of court delays caused by the absence of an interpreter, but common sense tells me that such delays resulting from the absence of a necessary interpreter waste time and money.

[Nic Dakin]

Apparently, Jajo the rabbit is now a registered interpreter and translator. Does the Solicitor-General agree that that latest embarrassment illustrates the utter shambles that the contracting out of the interpreter and translator service has become?

[The Solicitor-General]

It was a joke and, even if it was not a joke, he has been deregistered.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

What discussions is the Solicitor-General having with his colleagues in the Ministry of Justice to ensure that the contract provisions are carefully examined and, if necessary, penalties are imposed if the service is not up to the standard required?

[The Solicitor-General]

I am grateful to my right hon. Friend. I discussed that matter only this morning with colleagues in the Ministry of Justice and am assured by the Under-Secretary of State for Justice, my hon. Friend the Member for Reigate (Mr Blunt), that the contract with Applied Language Solutions is now running properly. The company has got a grip on it and we can expect nothing but progress from here on.

[Mr Speaker]

So that we get the full benefit of the Solicitor-General’s eloquence, perhaps he could—

[The Solicitor-General]

Shall I repeat the answer?

[Mr Speaker]

I do not think that that will be necessary, but perhaps in future the hon. and learned Gentleman would face the House. We would all be greatly obliged.

[Mr Andy Slaughter (Hammersmith) (Lab)]

It is my pleasure to stand in for the shadow Attorney-General, my hon. Friend the Member for Islington South and Finsbury (Emily Thornberry)—I understand that she has informed the Attorney-General, if not the Solicitor-General. Reports from the media, the courts and interpreters themselves show that, contrary to the Solicitor-General’s briefing, problems with ALS are getting worse, not better. The MOJ intends to publish its analysis of ALS’s performance this week, based on data that I understand were collected by ALS itself. Will the Law Officers conduct their own investigation of the collapse of the interpreting and translating service in our courts, one that will put the interests of justice before the self-serving interests of the Ministry of Justice and its contractor?

[The Solicitor-General]

No, I genuinely do not believe that to be necessary, and I think that the hon. Gentleman has been misinformed. The ALS contract is working well. If he knows of any particular instances where it is not, no doubt he will tell the Ministry of Justice about them, but I think I am prepared to believe my hon. Friends in the MOJ a little bit before I believe him.

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

What mechanisms exist for the CPS to communicate concerns with regard to the quality of interpretation both to the Law Officers and, indeed, to the Ministry of Justice?

[The Solicitor-General]

The CPS can tell us; my hon. and learned Friend can tell us; he can tell the Ministry of Justice; we can tell the Ministry of Justice—[Interruption.]

[Mr Speaker]

The demeanour of the Solicitor-General is eccentric. I cannot account for how he performs in Her Majesty’s courts, but in the Chamber it would be helpful if he looked in the direction of the generality of Members.

--- Later in debate ---

[Grahame M. Morris (Easington) (Lab)]

9. What recent discussions he has had with the Director of the Serious Fraud Office about the future of that organisation.

[The Solicitor-General (Mr Edward Garnier)]

I have had many, both with the new director, Mr David Green, and with his predecessor, Mr Richard Alderman. The SFO has a bright future.

[Grahame M. Morris]

In view of the really bad press that the Serious Fraud Office has been getting of late, has the Solicitor-General had an opportunity to consider the failure of the Department for Work and Pensions properly to assess the risk of fraud at A4e and, in particular, to obtain key evidence relating to internal audit documents, as identified by the National Audit Office this week? Does he believe that there is a role for the SFO in providing specialist help to Departments?

[The Solicitor-General]

No, the Serious Fraud Office has a remit to deal with high-end fraud, international fraud and corruption. The work of the Department for Work and Pensions is a matter for the Department for Work and Pensions.

[Mr Robert Buckland (South Swindon) (Con)]

Without going into specific case details, I must ask: does not recent adverse publicity about the incompetence of the Serious Fraud Office call into question the integrity of fraud investigation in our country? Is it not a matter of utmost importance that we should address urgently?

[The Solicitor-General]

Although, with the greatest respect, I do not entirely accept the premise of all my hon. Friend’s question, I can assure him that the Serious Fraud Office is pursuing investigations and prosecutions with competence and vigour. I appreciate that Lord Justice Thomas has had some interesting things to say about the SFO in a current case, upon which I shall not comment further.

Oral Answers to Questions

Lord Garnier Excerpts

Tuesday 20th March 2012 Commons Chamber

[Chris Evans (Islwyn) (Lab/Co-op)]

2. What assessment the Crown Prosecution Service has made of the effect of its Transforming through Technology programme on small firms of solicitors.

[The Solicitor-General (Mr Edward Garnier)]

The impact on defence firms of working digitally is discussed every fortnight when the chief executive of the Crown Prosecution Service, Mr Peter Lewis, meets the Law Society and other defence representatives to discuss progress on the programme.

[Chris Evans]

The criminal justice system goes digital next week. However, with less than half of publicly funded criminal defence firms able to receive CPS e-mails, with defence firms having no money to print evidence, and with the Government not even knowing how many sockets there are in courts to plug in the computers, is the Minister fearful that some problems may develop in the system?

[The Solicitor-General]

The hon. Gentleman paints a pretty gloomy picture—but then, he is in opposition, so I can fully understand it. The short point is that this is a rolling programme: it will be introduced incrementally. I can assure him that defence firms in his constituency and mine will come to terms with it and meet the challenges that they need to face.

[Julie Hilling (Bolton West) (Lab)]

3. What recent discussions he has had with the Secretary of State for the Home Department on reform of the UK’s extradition arrangements.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

5. What recent progress he has made in increasing the rate of prosecutions for domestic violence.

[The Solicitor-General (Mr Edward Garnier)]

The number of domestic violence prosecutions in England and Wales has increased from 57,361 in 2006-07 to 82,187 in 2010-11. Prosecution in the hon. Gentleman’s constituency is, of course, a matter for the Public Prosecution Service for Northern Ireland.

[Jim Shannon]

Each year, many of those who suffer domestic violence return to the home where it all began. For them, legal aid is vital before a decision is made. Will the Minister urge his colleagues in the Ministry of Justice not to reverse the improvements in protection for victims of domestic violence that the Lords have made to the Legal Aid, Sentencing and Punishment of Offenders Bill?

[The Solicitor-General]

I will certainly make sure that my right hon. and hon. Friends in that Department have heard what the hon. Gentleman has had to say.

[Rehman Chishti (Gillingham and Rainham) (Con)]

On domestic violence, does the Solicitor-General agree that the programme of having independent domestic violence and sexual violence advisers supporting victims has improved conviction rates?

[The Solicitor-General]

Yes, my hon. Friend may well know that from his own experience as a criminal law practitioner, but it is certainly true for an observant Member of Parliament, too.

[Meg Munn (Sheffield, Heeley) (Lab/Co-op)]

Housing authorities in Sheffield have reported to me an increase in domestic violence, given the stress on families resulting from the economic situation. Will the Minister tell us what the Government are finding out about domestic violence generally, as he has reported an increase in prosecutions? Is domestic violence increasing overall, and what work is going on across Government to look at this issue, which still leads, week by week, to women being killed by current or former partners?

[The Solicitor-General]

My take on the matter is necessarily narrow, as it is to superintend the Crown Prosecution Service and its conduct of such prosecutions. Of course I am generally aware of the matter to which the hon. Lady refers, and it may well affect her constituents more than mine. The short answer is that the Government, and certainly my Department, will bear down on domestic violence—however it is caused or wherever it happens—so that women, in particular, can be protected and those who are guilty of it can be brought to justice.

[Mr Tom Harris (Glasgow South) (Lab)]

6. What recent assessment he has made of the role of special domestic violence courts in improving prosecution rates for domestic violence.

[The Solicitor-General (Mr Edward Garnier)]

Evaluations of specialist domestic violence courts, or SDVCs, in 2005 and 2008 clearly demonstrated that they had contributed to improving prosecution rates, as well as safety, for victims of domestic violence. There have been no further formal assessments since 2008.

[Mr Harris]

In the light of the truly disgraceful comments by the actor Dennis Waterman, does the Minister agree that now might be a good time to reassure the House that the vital services provided by domestic violence courts will be maintained, despite the court closure programme and the plan to close 23 of them? Will those vital services be protected during the transfer of services?

[The Solicitor-General]

Yes, they will. We need to distinguish between bricks and mortar and the service provided by the specialist courts. There will be a reduction in the court estate, but it is certainly my intention that there should be no reduction in the service provided for victims of domestic violence.

[Zac Goldsmith (Richmond Park) (Con)]

It is good news all round that stalking has been made a criminal offence, but there are countless examples of victims of stalking having been ignored for years by the authorities, despite the fact that the stalkers are already breaking the law. The law is one issue: enforcement is another. Will the Solicitor-General reassure the House that the new laws will be properly and robustly enforced?

[The Solicitor-General]

As soon as the new criminal law comes into effect, it will of course be up to the police to provide the Crown Prosecution Service with the evidence upon which prosecutions can be progressed, but my hon. Friend makes a good general point, which will be followed up.

[Geraint Davies (Swansea West) (Lab/Co-op)]

7. What recent assessment he has made of the performance of the Crown Prosecution Service.

Oral Answers to Questions

Lord Garnier Excerpts

Tuesday 7th February 2012 Commons Chamber

[Fiona Mactaggart (Slough) (Lab)]

1. What recent discussions he has had with the Crown Prosecution Service on improving the effectiveness of rape prosecutions.

[The Solicitor-General (Mr Edward Garnier)]

I have regular discussions with the Director of Public Prosecutions on a range of criminal matters, including rape. The DPP, the Attorney-General and I take our duties in regard to rape prosecutions extremely seriously. The hon. Lady met the DPP in April last year to discuss rape prosecutions, and he wrote to her on 6 May setting out what the CPS is doing to improve the effectiveness of rape prosecutions.

[Fiona Mactaggart]

Last week the chief prosecutor for London, Alison Saunders, called on the Government to start a public debate to bust some of the myths about rape victims which prevent successful prosecutions. Will the Attorney-General and the Solicitor-General agree to work with ministerial colleagues to begin a Government-led campaign to address the misrepresentations of and misconceptions about rape victims which get in the way of successful prosecutions?

[The Solicitor-General]

Of course we will. I am already a member of the inter-ministerial group on violence against women and girls, and as I indicated a moment ago I take my responsibilities with regard to the prosecution of rape cases extremely seriously. I have personally appeared in a number of applications to the Court of Appeal, dealing with unduly lenient sentences passed in relation to rape victims. We want to improve the attrition rate and the conviction rate, and the hon. Lady can be assured that this Government and these Law Officers are fully behind that momentum.

[Rehman Chishti (Gillingham and Rainham) (Con)]

On the prosecution of sexual offences, the number of child sexual offences reported to the police last year was about 17,000, and the number of prosecutions was about 4,000. Does the Solicitor-General know the reason for that gap?

[The Solicitor-General]

I do not know—I have no empirical evidence that I can deploy this afternoon—but clearly there is an absence, often in such cases, of evidence that has reached the state in which it can be taken to court. My hon. Friend will know from his practice at the Bar that it is essential that we have adducible evidence to put before the court. Without evidence, we cannot prosecute.

--- Later in debate ---

[Valerie Vaz (Walsall South) (Lab)]

3. What recent discussions he has had with the Secretary of State for the Home Department and the director of the Serious Fraud Office on the capacity and effectiveness of organisations tackling economic crime.

[The Solicitor-General (Mr Edward Garnier)]

The Attorney-General and I hold regular meetings with the director of the Serious Fraud Office, at which we discuss all aspects of its work, including individual cases and the development of deferred prosecution agreements as an additional weapon in our criminal justice armoury. We also hold regular meetings with the Home Secretary and her Ministers, but there have been no recent discussions on economic crime. I remind the hon. Lady of the Home Office paper entitled “The National Crime Agency: A plan for the creation of a national crime-fighting capability”, which was published in June 2011. The NCA will include an economic crime command.

[Valerie Vaz]

I thank the Solicitor-General for his answer. Given that the Serious Fraud Office is facing cuts of 23% and that the Law Society Gazette has reported on deferred prosecution agreements, will he update the House generally on those agreements? Specifically, will they be available for the public so that those dealing with companies that are subject to such agreements can see that?

[The Solicitor-General]

When DPAs come into the criminal justice system in this country, they will be available to the public in the sense that they will be operated by the director of the Serious Fraud Office, who is a public prosecutor. I am not sure that I can help the hon. Lady much further than that. The matter is under discussion and we are developing it within Government. Further announcements will be made just as soon as we are ready.

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

Given that when investigating the failure of RBS, Adair Turner concluded that the FSA has little power under the existing rules to take action against individuals associated with the banking crisis; that the director of the SFO believes that

“things have got to change”;

and that we are still waiting for anyone in the UK to be prosecuted in relation to the global financial crisis, will the Solicitor-General use his best efforts to persuade the Attorney-General to look again at introducing a crime of corporate negligence so that prosecutors have a full range of weapons in their armoury to use in future against reckless financiers?

[The Solicitor-General]

The Attorney-General and I always use our best efforts. The development of the criminal law is within the remit of the Ministry of Justice. I am sure that the hon. Lady will address her remarks, via the right hon. Member for Tooting (Sadiq Khan), to that Department.

[Nigel Adams (Selby and Ainsty) (Con)]

4. What steps he is taking to promote reform of the European Court of Human Rights.

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[Mr Tom Watson (West Bromwich East) (Lab)]

5. What recent discussions he has had with the Crown Prosecution Service on the progress made by the Leveson inquiry.

[The Solicitor-General (Mr Edward Garnier)]

None, save that the Director of Public Prosecutions has informed me recently that he has been asked to give evidence to the inquiry.

[Mr Watson]

Eighteen months ago, Alison Levitt, QC, was tasked with a review of the previous evidence from the 2006 hacking case. Will her conclusions be shared with Lord Leveson, and can they also be shared, maybe in a redacted form, with members of the Select Committee on Culture, Media and Sport, who are conducting an inquiry on the matter at the moment?

[The Solicitor-General]

That must be a matter for the Director of Public Prosecutions and Ms Levitt.

[Mark Pritchard (The Wrekin) (Con)]

Is it not the case that public confidence in both the Crown Prosecution Service and the police is absolutely vital? If so, does the Solicitor-General share my concern about the fact that we have had many arrests of journalists under Operation Elveden but only two arrests of police officers, and that the names of those police officers have remained unpublished? There seems to be one rule for the police and another rule for journalists.

[The Solicitor-General]

There is also another rule that the Law Officers do not tell the police what to do. It is entirely a matter for the police to deal with arrests. If matters come to their attention that need the advice of the Crown Prosecution Service, which the Attorney-General and I superintend, we will no doubt examine them.

[Helen Goodman (Bishop Auckland) (Lab)]

One issue that will arise in this context is contempt of court and the extent to which the media need to be controlled. I was rather disappointed to hear the Attorney-General’s responses on Radio 4 this morning. Would the Solicitor-General like to make it absolutely clear to the entire nation that, notwithstanding the rights and wrongs of particular cases, it is possible to commit contempt on Twitter?

[The Solicitor-General]

That is a deeply uncontroversial statement to make.

[Mr Speaker]

I call Mr Gerry Sutcliffe. Not here.

[Ann Clwyd (Cynon Valley) (Lab)]

9. What recent assessment he has made of the management and disclosure of evidence by the Crown Prosecution Service.

[The Solicitor-General (Mr Edward Garnier)]

The effective management and disclosure of evidence relies on the proper discharge of duties and obligations by both the police and the prosecutor. Although there have been failures in a small number of cases, in the vast majority of cases the disclosure duties are carried out well.

As the hon. Member for Blaenau Gwent (Nick Smith) will know, there is currently an inquiry into the Lynette White case in south Wales, more properly called the Crown v. Mouncher and others. The Independent Police Complaints Commission is carrying out a review of police conduct in that case, and the Director of Public Prosecutions has separately and additionally asked the inspectorate of the Crown Prosecution Service to carry out a review of the actions and decision making of the CPS in relation to disclosure in that case.

[Nick Smith]

It took nearly 10 years and cost the taxpayer about £30 million to bring eight former South Wales police officers to court on charges of perverting the course of justice and fabricating evidence. The case collapsed when the key documents were thought destroyed, but they have now been found. I thank the Attorney-General for his answer, but what assessment has the CPS made of the prospects of a future prosecution?

[The Solicitor-General]

It will not make an assessment until the two inquiries are completed.

[Ann Clwyd]

I echo what my hon. Friend the Member for Blaenau Gwent (Nick Smith) has said: there is considerable shock at the conduct of this case, in south Wales and elsewhere. In the past, there have been a particularly high number of miscarriages of justice under the South Wales police force. Is the Attorney-General aware of any other similar cases in which the disappearance and re-emergence of key evidence has led to a retrial?

[The Solicitor-General]

Off the top of my head, I am not aware of any such cases, but the right hon. Lady is right to point out that the collapse of the Lynette White case in south Wales just recently, which affects her constituents and neighbours and those of the hon. Member for Blaenau Gwent (Nick Smith), is a matter of huge regret. It is now being subjected to two inquiries. Once they have been completed, further announcements will be made.

[Mr Robert Buckland (South Swindon) (Con)]

Is not the lesson of the disclosure debacle in the Lynette White case this: when criminal allegations are made against police officers in one police force, disclosure should be handled by officers from an entirely independent police force? Will my hon. and learned Friend do all he can to ensure that such reforms take place so that such a disaster does not happen again?

[The Solicitor-General]

Clearly—particularly in large and complex cases such as the one we are talking about—the need to get disclosure right is key. That is also true, however, in what one might call less serious cases—although I do not want to be misunderstood when I use that adjective. My hon. Friend’s point about other police forces dealing with the disclosure in such cases must, surely, be a matter for the chief constable of the relevant police area. I have no doubt that the Home Secretary, who is sitting beside me, will bear that in mind in due course.

[Mrs Mary Glindon (North Tyneside) (Lab)]

8. What discussions he has had with ministerial colleagues on reform of extradition law.

Oral Answers to Questions

Lord Garnier Excerpts

Tuesday 15th November 2011 Commons Chamber

[Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

5. What discussions he has had with the Crown Prosecution Service on progress in issuing gang injunctions.

[The Solicitor-General (Mr Edward Garnier)]

None, is the short answer. The Crown Prosecution Service does not have a formal role in applying for or issuing gang injunctions. Those are a civil law tool applied for by the police and local authorities and ordered by the court. A failure to comply with the terms of an injunction is not of itself a criminal offence. That said, the CPS has an interest with other agencies in tackling illegal gang activity. The hon. Lady has been at the forefront in her own constituency and in the House in helping to deal with gangs, and I commend her for that.

[Meg Hillier]

I am pleased that in a letter to me the Attorney-General indicated that he would be willing to look at having specialist prosecutors from the CPS to deal with gang injunctions, and I hope that we may see that happen in my own borough, Hackney. What progress has been made on the transfer between courts of ASBO applications so that they can be dealt with alongside other crimes, where that is appropriate? We have seen some problems with the reorganisation of courts in our area, which may be contributing to the delay.

[The Solicitor-General]

From her knowledge of the subject, the hon. Lady will appreciate that there is a difference between ASBOs, which are a post-conviction instrument, and injunctions, which are anticipatory. I am not up to speed on the organisation of courts, which is a matter for HM Courts Service and the Ministry of Justice. None the less, the hon. Lady is right to point out that there is a need for co-ordination. The borough Crown prosecutor in her own constituency is now the central reporting point as far as she is concerned. I hope more progress can be made, and I am happy to discuss this further with her.

[Tom Brake (Carshalton and Wallington) (LD)]

Does the Solicitor-General agree that if gang injunctions are to be effective diversionary schemes and mentors must be available? What progress is being made on that front?

[The Solicitor-General]

As my right hon. Friend knows, the Home Secretary and the Secretary of State for Work and Pensions recently issued their report on the subject. Of course it requires a great deal of co-operation, diversion and the input of the criminal justice agencies, but we are doing our very best to ensure that this is dealt with.

[George Hollingbery (Meon Valley) (Con)]

6. What advice he has provided to ministerial colleagues on reform of the European Court of Human Rights ahead of the UK’s chairmanship of the Council of Europe.

--- Later in debate ---

[Julie Hilling (Bolton West) (Lab)]

9. What steps he has taken to ensure that reductions in funding for the Crown Prosecution Service do not adversely affect front-line services.

[The Solicitor-General (Mr Edward Garnier)]

The two key priorities of the Crown Prosecution Service over the spending review period are quality and efficiency. The CPS strategy is to protect front-line delivery. Savings were sought in the first instance from back-office functions. Savings made from the front line will be achieved through greater productivity and by maximising the gains from improved criminal justice system efficiency and better use of technology.

[Toby Perkins]

Under the POD system operating in the Crown courts, only the most serious cases are now allocated to an individual dedicated prosecutor. Can the Solicitor-General tell the House how many cases under that system have been dropped or delayed because evidence was not prepared in time?

[The Solicitor-General]

No, I cannot, because the CPS deals with hundreds of thousands of cases every year. The POD system is actually in the CPS’s offices, not the Crown courts, but I take the hon. Gentleman’s point. The point of the POD system is to enable more people to have ownership of cases so that they are dealt with more efficiently.

[Julie Hilling]

Under the Labour Government the CPS made great progress in prosecuting domestic violence, thanks in large part to the domestic violence training given to prosecutors and the use of dedicated domestic violence prosecutors. Does the Solicitor-General agree that the cuts to the CPS have placed a huge pressure on prosecutors, with the result that dedicated domestic violence prosecutors are now too overloaded with other work to give domestic violence cases the attention they need and deserve?

[The Solicitor-General]

I agree that the previous Government were particularly adept in dealing with domestic violence policy, and it is an area that my right hon. and learned Friend the Attorney-General and I have taken up with alacrity. I have appeared in the Court of Appeal to deal with unduly lenient sentences relating to violence against women, particularly sexual assaults. I broadly agree with her, but I do not accept that the system is under any strain in the prosecution of domestic violence cases. There are some really dedicated and hard-working lawyers and administrative staff in the CPS working to ensure that women are safe in their homes.

[Mr Philip Hollobone (Kettering) (Con)]

On the quality and efficiency of prosecutions, will the Solicitor-General ensure that parenting orders are pursued far more often in prosecution cases when young people are successfully convicted?

[The Solicitor-General]

We will endeavour to ensure that all appropriate orders and sentences are applied for and handed out. I am clearly not going to give a running commentary from the Dispatch Box on any particular case, but I agree with my hon. Friend’s broad point.

[Jessica Morden (Newport East) (Lab)]

8. What recent assessment he has made of the effectiveness of multi-agency risk assessment conferences in improving domestic violence prosecutions.

Oral Answers to Questions

Lord Garnier Excerpts

Tuesday 5th July 2011 Commons Chamber

[The Solicitor-General (Mr Edward Garnier)]

None recently, but I can assure the hon. Lady that the DPP, the Law Officers, the Home Office—which I believe she shadows—and the Foreign and Commonwealth Office take the crime of human trafficking extremely seriously.

[Diana Johnson]

Can the Solicitor-General explain to me exactly how merging the Child Exploitation and Online Protection Centre into the national crime agency, against the advice of all the specialists in the field, will improve prosecution rates and the support given to victims of trafficking?

[The Solicitor-General]

If Parliament permits its creation, the national crime agency will not come into operation until at least 2012-13. Meanwhile, CEOP and the other necessary agencies are working together to ensure that the crime of human trafficking, which the hon. Lady takes as seriously as we do, is properly borne down upon, and I can assure her that nothing will be done to impede the efforts of the prosecuting authorities in that regard.

[Tom Brake (Carshalton and Wallington) (LD)]

Does the Solicitor-General agree that one way to improve prosecution rates would be to ensure that all resources are used to prosecute traffickers, rather than sometimes prosecuting the trafficked children?

[The Solicitor-General]

Of course I do, and it is imperative that trafficked children, who are the victims of this hideous crime, are not prosecuted but are treated as victims. Equally, it is imperative that adults under such duress, too, are not prosecuted but treated as victims. The Crown Prosecution Service recently published a public policy statement, which I am sure my hon. Friend has read, and the Home Office will shortly publish a human trafficking strategy that will deal very much with the points that he has made.

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

2. What plans he has to review the prosecution of rape cases by the Crown Prosecution Service.

[The Solicitor-General]

We have no such plans at the moment, but I assure my hon. Friend that the CPS and I take the prosecution of rape very seriously indeed, and that it is constantly under review.

[Miss McIntosh]

Does the Solicitor-General have any idea about the level of prosecution of rape cases in Scotland compared with that in England? Will he undertake to remove all barriers to prosecution? In particular, will he facilitate the reporting of rape cases, which will speed up the prosecution rate in due course?

[The Solicitor-General]

I am sure that what is similar in Scotland and in this jurisdiction is not only that rape is taken extremely seriously by the prosecuting authorities and the police, but that prosecution requires evidence. It is essential that victims of rape and sexual assault are enabled to give their evidence and to withstand the hideous stress that necessarily follows from being a witness in a rape or sexual assault case. I can assure my hon. Friend that the Director of Public Prosecutions has personally overseen the drive to improve the approach of the CPS to rape prosecutions.

[Fiona Mactaggart (Slough) (Lab)]

At present the CPS has 840 specialist rape prosecutors. Will there be the same number or more next year?

[The Solicitor-General]

That is a decision not only for the DPP but for the chief Crown prosecutors in the various areas throughout the jurisdiction. This will depend on business need, but I assure the hon. Lady that rape prosecutions will be pursued with the same vigour both now and in the future.

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

3. What steps the Crown Prosecution Service is taking to support victims of human trafficking to participate in criminal proceedings.

[Susan Elan Jones (Clwyd South) (Lab)]

4. What steps the Crown Prosecution Service is taking to support victims of human trafficking to participate in criminal proceedings.

[The Solicitor-General]

The CPS is taking a number of steps to encourage victims of human trafficking to support criminal proceedings, including the publication of a new public policy statement setting out its prosecution policy and how it will support victims. As I said to my hon. Friend the Member for Carshalton and Wallington (Tom Brake) a moment ago, the Home Secretary will shortly publish her Department’s human trafficking strategy. The CPS is also working with non-governmental organisations to develop further measures to assist and support victims.

[Michael Connarty]

I am very heartened by the general replies and that specific reply from the Solicitor-General on this question, but we are aware of reported cases of magistrates saying to a 14-year-old girl who had been trafficked and found in a cannabis factory that she had clearly made a lifestyle choice. Did the Attorney-General give any evidence, or a submission, to the Home Secretary in the upcoming review? If not, why not? If so, will he place a copy of his contribution in the Library for us all to read?

[The Solicitor-General]

It would not be sensible for me to comment on unattributable, or unattributed, remarks by unidentified magistrates. If what the hon. Gentleman suggests was said in that case was said, it was clearly unwise. The Law Officers’ Department did make a contribution to the thinking behind the Home Secretary’s human trafficking strategy. The hon. Gentleman will be able to read the strategy in full when it is published next week, and it will doubtless refer to all sorts of sources.

[Susan Elan Jones]

The US State Department’s 2011 “Trafficking in Persons Report” contains many things about the UK that hon. Members would find alarming, including the following quotation:

“Some potential and confirmed trafficking victims, including children, were prosecuted and imprisoned for committing offenses as a direct result of being trafficked.”

What does the Solicitor-General propose to do to stop that happening?

[The Solicitor-General]

As I said in answer to the hon. Member for Linlithgow and East Falkirk (Michael Connarty), and in connection with an earlier question, the Crown Prosecution Service public policy statement makes it clear that those who are trafficked—those who are victims of the trafficking—should not be prosecuted.

[Mr Peter Bone (Wellingborough) (Con)]

We are having rather lovely weather at the moment, and this spring seems to be going on for a very long time. Did the Solicitor-General let it slip that spring was going to end next week, and are we actually going to see the trafficking policy next week? If so, can he confirm that an oral statement will be given, rather than a written one?

[The Solicitor-General]

On the latter point I cannot give a confirmation, but on the earlier point I think I can.

[Gavin Shuker (Luton South) (Lab/Co-op)]

Paying for sex with a trafficked woman is a criminal offence under section 14 of the Policing and Crime Act 2009. What steps are the Government taking to ensure that section 14 is fully used by the police and Crown Prosecution Service? Will the Solicitor-General confirm that he is considering a pause in issuing CPS guidance, which could be a wasted opportunity at this stage?

[The Solicitor-General]

The Crown Prosecution Service assesses the evidence given to it by the police. If that evidence passes the evidential test and it is in the public interest to prosecute, those who commit such crimes will be prosecuted. Beyond that, I am not sure that I can usefully help the hon. Gentleman other than by repeating myself.

[Mrs Siân C. James (Swansea East) (Lab)]

5. What recent assessment he has made of the role of specialist domestic and sexual violence services in supporting prosecutions in cases involving allegations of such offences.

[The Solicitor-General]

The evaluations of specialist domestic violence courts conducted between 2005 and 2008 demonstrated that specialist domestic violence support services contributed to improving prosecution rates as well as to the safety of domestic violence victims. More recent analysis, conducted on behalf of the Crown Prosecution Service, has also shown a significant reduction in domestic violence against supported victims. There has been no formal assessment of sexual violence services.

[Mrs Siân C. James]

The Swansea sexual assault referral centre, or SARC, is one of four across Wales run by the New Pathways organisation. I have been informed that the centre receives no statutory funding for any work that it undertakes with children and young people, who often suffer the worst types of sexual abuse and violence. The majority of its referrals come from the statutory sector. Will the Solicitor-General promise me that he will look at the issue and at the gap in the funding that the centre receives?

[The Solicitor-General]

I can certainly promise to look into that. This Government, including my Department, value the work that such agencies perform. As the hon. Lady will know, in her part of Wales there are two SDVCs—or specialist domestic violence courts—one in Neath and one in Swansea, as well as other necessary advisory services. I appreciate that we are in a time of great economic constraint, but we will do our best with the resources that we can make available to them.

[Mr Robert Buckland (South Swindon) (Con)]

One of the main challenges facing vulnerable complainants and their families is the sometimes lengthy time gap between the making of their complaint and their appearance in court. Does my hon. and learned Friend agree that the work of women’s refuges, such as the one in my constituency, and of police family liaison officers is vital if we are to maintain the confidence we need in complainants in order for them to follow their complaints through the criminal justice process?

[The Solicitor-General]

I know that that is true not only in my hon. Friend’s constituency but throughout the rest of the country. It is important that the advisory services and family liaison staff are there to help those affected by such crimes of violence, whether they involve sexual or non-sexual assault, so that they can bring their evidence to court and the perpetrators can be convicted.

[Ann Clwyd (Cynon Valley) (Lab)]

6. Whether the Government plan to make additional resources available to the Director of Public Prosecutions to enable him to discharge the new responsibilities contained in the Police Reform and Social Responsibility Bill to consider arrest warrants in war crimes cases.

[The Solicitor-General]

The Crown Prosecution Service currently anticipates that any additional responsibilities will be absorbed within current resources.

[Ann Clwyd]

The Solicitor-General will have read the report of the Joint Committee on Human Rights on this issue, which finds that the Government have not made their case and that they should think again. I find it particularly ironic that we are prepared to change the law to protect one Israeli opposition leader when another opposition leader, the Palestinian Sheikh Salah, comes here and is put straight in jail. Where is the justice in that?

[The Solicitor-General]

I appreciate the right hon. Lady’s interest in this aspect of public policy, and I also appreciate that she has firm opinions on the matter. She is fully entitled to those opinions. In short, the law was changed not in order to solve the problems of one individual but to deal with a public policy problem. She knows that really.

[Duncan Hames (Chippenham) (LD)]

On 11 January, in this House, a Justice Minister assured me that allegations under universal jurisdiction offences would be accorded the highest priority. Does the Solicitor-General accept the need for an out-of-hours response so that we can be confident that those suspected of such serious crimes will not evade arrest?

[The Solicitor-General]

The criminal justice system, as the hon. Gentleman knows, never rests. If someone is arrested or brought into custody, he will have available to him, or should have, not only the benefit of the attention of the police and the Crown Prosecution Service but also of his own defence lawyers.

[Kerry McCarthy (Bristol East) (Lab)]

7. What steps the Crown Prosecution Service is taking to bring prosecutions under the provisions of the Female Genital Mutilation Act 2003; and if he will make a statement.

[The Solicitor-General]

The Crown Prosecution Service is due to publish new legal guidance on female genital mutilation—FGM—later this summer as part of its commitment to the cross-Government strategy on the prevention of violence against women and girls. I know that the hon. Lady has done a good deal to draw attention to the issue of FGM in Bristol, not least through her work with the Bristol safeguarding children board, which has raised awareness of FGM among midwives and other health professionals, the police and social workers.

[Kerry McCarthy]

I thank the Solicitor-General for that response. He made reference to the safeguarding children board, which estimates that up to 2,000 girls in Bristol are at risk. Obviously, the summer holidays are a particular problem period. May I urge the hon. and learned Gentleman to do all he can to work with teachers in schools and through his colleagues at the Department for Education to make sure that girls at risk are identified and steps are taken to prevent FGM, rather than just prosecuting people when the offence has been committed?

[The Solicitor-General]

Yes, and I can tell the hon. Lady that the Home Office, the Metropolitan police and the Foreign and Commonwealth Office launched a DVD on the subject on 4 July—yesterday. It was produced by young people for young people, and seeks to raise awareness of FGM among potential victims. It will be distributed to all schools by September 2011, so I hope the hon. Lady is reassured by that.

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

8. Whether he plans to take steps to reduce the likelihood of any future prosecutions for contempt of court arising from the use of social media.

[The Solicitor-General]

As guardians of the public interest, the Law Officers bring contempt of court proceedings when it is appropriate to do so. I did so in the case of Fraill and Sewart in the divisional court, in which the Lord Chief Justice presided on 14 and 16 June. It is for the trial court judge to warn parties, and the public, not to publish prejudicial reports, and when appropriate to impose reporting restrictions. Juries in particular are warned repeatedly by the court not to use the internet to research cases in which they are involved.

[Chi Onwurah]

I do not know whether the Solicitor-General is on Twitter, but I am concerned that not only he, but UK law, appears to be on the back foot when facing what is not even new technology. Twitter is five years old next month. Is it not time we demonstrated that UK law is as at home online as on the streets?

[The Solicitor-General]

Let me confess: I do not tweet, nor do I have a Facebook account; perhaps the hon. Lady is not terribly surprised by that. In the relationship between social media and the law of contempt, the principle and the issues are exactly the same. The means of communicating may have evolved, but the principles we need to apply to ensure that the due administration of justice is not impeded or prejudiced remain the same for talking over the garden fence as for exchanging information through modern internet and social media.

[Anna Soubry (Broxtowe) (Con)]

Would the Solicitor-General confirm that judges always give strict directions to juries that they must not access any form of internet or other information sources when considering their deliberations in a criminal trial?

[The Solicitor-General]

Yes they do, and I have done it myself when sitting as a judge. What one cannot guarantee, of course, is that members of juries will obey those instructions and directions when they get home—but we have to rely on the good sense and public duty of citizens whose public duty it is to serve on juries.

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

Public concern about the misuse of modern communication technology, including social media, is growing, particularly about its impact on the pursuit of justice. That was most recently highlighted by the truly sickening allegations of phone hacking in the Milly Dowler case. The CPS announced a review of hacking evidence almost six months ago. When will the public and victims receive an update? Will further criminal prosecutions be brought, and will the Solicitor-General confirm whether any criminal investigations may have been jeopardised by the behaviour of the press and the rest of the media?

[The Solicitor-General]

With the greatest respect, I think that if the hon. Lady had thought about it a little more, she would understand that I am not going to give a running commentary either on the police investigations or on the likely consequences of any police investigations. She may rest assured that investigations will continue, and they will continue to follow the evidence wherever it may be—and if the evidence warrants prosecutions, they will be brought. That is work that we need to do in future; it is not something that I need to make announcements about here in the absence of any direct or relevant information immediately to hand.

[Mr Graham Allen (Nottingham North) (Lab)]

9. What steps he is taking to ensure transparency in the arrangements for the provision of legal advice to the Cabinet on a declaration of war.

[The Solicitor-General]

The hon. Gentleman’s Political and Constitutional Reform Committee reported in May on Parliament’s role in conflict decisions, and the Government will respond to his report shortly. The Foreign Secretary told the House on 21 March in the Libya debate that the Cabinet had the Attorney-General’s advice before it when the decision was made to take action in Libya. A Government note on the legal basis was placed in the Library that day, and was available to right hon. and hon. Members for that debate.

[Mr Allen]

The Solicitor-General knows better than most of us that there is a separation of powers, at least theoretically, in our constitution, and that the problems that we had over legal advice in relation to the Iraq war centred on the legal advice given to the Government by their own Attorney-General. Will he also take into account that Parliament has no right whatever to consult and get its own legal advice? Will he discuss with the House authorities putting that right, so that on future occasions when there is a conflict, Members can get their own advice rather than relying on trying to wheedle the Attorney-General’s advice out of Government?

[The Solicitor-General]

It is not for me to stop Members of Parliament getting whatever advice they think it appropriate to have, but the decision that has to be considered and accounted for to Parliament is that of the Prime Minister and the Government. That can be debated here, irrespective of one’s access to legal advice.

Oral Answers to Questions

Lord Garnier Excerpts

Tuesday 24th May 2011 Commons Chamber

[Gavin Shuker (Luton South) (Lab/Co-op)]

8. What priorities the Crown Prosecution Service has set during the comprehensive spending review period.

[The Solicitor-General (Mr Edward Garnier)]

The priorities are to provide a prosecution service of the highest quality, informed by its core quality standards, published in April 2010, which set the measures by which the CPS is judged by itself and others; to provide a more streamlined and efficient service, for example by making good use of all available technology; and, by working with the police and the courts, to eliminate unnecessarily bureaucratic systems, while at all times promoting justice.

[Luciana Berger]

I thank the Solicitor-General for his answer, but will he respond to the serious concerns of defence barristers and Victim Support about the CPS instructing single counsel for the prosecution, including for murder cases with multiple defendants, as a result of cost pressures?

[The Solicitor-General]

I do not know whether that is a direct result of cost pressures, but I, too, have raised this very matter with the CPS, and we are looking into it with some care.

[Gavin Shuker]

The cost pressures on the CPS over the coming period are leading it to prioritise cases such as those involving serious domestic or sexual offences. What cases will it have to de-prioritise to achieve those aims?

[The Solicitor-General]

In all prosecuting decisions, the CPS will look at the prosecutors code to see whether there is sufficient evidence and whether it is in the public interest to prosecute. It is not a question of picking one type of crime and not picking another.

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

I support the Government’s drive for more prosecutions of rape. Will the Solicitor-General support my move to allocate a centre to North Yorkshire and York to help victims of rape? Were we to have such a centre—

[Mr Speaker]

Order. I am not sure that this is a priority of the Crown Prosecution Service, but the Solicitor-General can respond to the first part of the question briefly.

[The Solicitor-General]

I share my hon. Friend’s concern about the way in which rape cases are currently prosecuted. As was stated in this House the other day, we want to bear down on the attrition rate. The conviction rate bears comparison with other aspects of the criminal system, but we want to ensure that rape victims can report their allegations to the police and that they are treated with care and sensitivity right the way through to what we hope is a conviction.

[Mr Tom Watson (West Bromwich East) (Lab)]

The Prime Minister has said that it should be a priority for the CPS and the Metropolitan police to follow the evidence where it goes in the phone hacking scandal. Will the Minister say whether it is cost pressures at the CPS that have left the Metropolitan police reluctant to pursue the evidence of other private investigators involved in the illegal covert surveillance of British citizens?

[The Solicitor-General]

I do not think that that is at all true. The hon. Gentleman has taken a close interest in this matter and I have no criticism of him for doing that, but the relationship between the CPS and the Metropolitan police is entirely clear and constitutional, and will, as the Prime Minister has said, permit both to lead the investigation to where the evidence takes it.

--- Later in debate ---

[The Solicitor-General (Mr Edward Garnier)]

I have had no recent discussions with the Crown Prosecution Service on forced marriages, but I shall have one of my regular meetings with the director later today, at which I have no doubt the matter will be discussed. The CPS and the Law Officers are studying the Home Affairs Committee’s report on forced marriages, and the Government will respond to it in due course.

[Emma Reynolds]

I thank the Minister for his answer. Forced marriages are an appalling abuse of human rights and have no place in modern society. May I press him further on the subject of the Home Affairs Committee’s report and ask whether the Government will consider legislating to make forced marriage a criminal offence?

[The Solicitor-General]

I am sure that the Government will, but it will essentially be a matter for the Home Office and the Ministry of Justice to consider. The matter was considered by the previous Administration. The Labour Government held a consultation via the Home Office in 2005, and announced in 2006 that, on balance, they did not consider that it would be advantageous to turn forced marriage into a criminal offence. The Select Committee’s report is now available for us all to consider, and the Government will come back to the House with their response.

[Mrs Glindon]

Forced marriage and associated crimes are already thought to be chronically under-reported. Will the Minister explain how 25% cuts to the CPS’s budget will enable more, rather than fewer, victims of forced marriage to come forward?

[The Solicitor-General]

The most essential thing in this area of the criminal law, as in any other, is to encourage people who have been affected to come forward with evidence, because it is upon evidence that we can bring prosecutions. I can assure the hon. Lady that neither the Attorney-General nor I is in the least bit reluctant to encourage the prosecution of people who have committed crimes. The CPS works hard to ensure that women, in particular—forced marriage cases principally involve women, but about 17% of those affected are men—are properly protected by the law of England, and we will endeavour to ensure that they are.

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

5. What steps he is taking to maintain the capacity of the Serious Fraud Office to investigate and prosecute economic crime during the comprehensive spending review period.

--- Later in debate ---

[Hugh Bayley (York Central) (Lab)]

9. When he last met the Director of the Serious Fraud Office to discuss the investigation and prosecution of transnational bribery.

[The Solicitor-General (Mr Edward Garnier)]

I hold monthly meetings with the director of the Serious Fraud Office to discuss all aspects of the SFO’s work, including transnational bribery. As the hon. Gentleman will know, the Bribery Act 2010 comes into force on 1 July and the SFO is well prepared for it.

[Hugh Bayley]

I was reassured by some of what the Attorney-General said in reply to an earlier group of questions. Richard Alderman is a very talented civil servant who has greatly improved the performance of the SFO, but I believe that that improvement is threatened by the proposal to break the SFO into an investigating arm and a prosecuting arm. It appears that the Law Officers are currently having an argument with the Home Office about the matter. The House clearly supports the Law Officers. May I have an assurance that even if the nature of the SFO changes, the prosecuting and investigating arms of whatever new agency takes over will be kept under one roof?

[The Solicitor-General]

I thank the hon. Gentleman and agree with his assessment of the SFO’s director, Mr Richard Alderman, who has proved to be a loyal and dedicated public servant and prosecutor in whom the Attorney-General and I have the utmost confidence.

I am delighted by the hon. Gentleman’s support for the Law Officers. We accept whatever support we can whenever we can get it. On that basis, I will quit while I am ahead.

Oral Answers to Questions

Lord Garnier Excerpts

Tuesday 1st March 2011 Commons Chamber

[Valerie Vaz (Walsall South) (Lab)]

3. What plans the Crown Prosecution Service has to improve the effectiveness of prosecution policy in human trafficking cases.

[The Solicitor-General (Mr Edward Garnier)]

The CPS keeps the effectiveness of prosecution policy and guidance to prosecutors on human trafficking under review, and updates them on a regular basis. The CPS will soon publish a new public policy statement on human trafficking to explain the prosecutor’s role in such cases and the approach taken by the CPS.

[Valerie Vaz]

I thank the Solicitor-General for his answer. In June 2010 there were 139 convictions for human trafficking. Will he write to me with an updated figure for such convictions?

[The Solicitor-General]

Yes.

[Mr Peter Bone (Wellingborough) (Con)]

Will the Attorney-General meet the officers of the all-party group on human trafficking, because one thing we have learned is that there is a considerable problem in prosecuting human trafficking cases and prosecutors often decide to pursue a lesser offence as it is easier to get a conviction?

[The Solicitor-General]

On the first point, both my right hon. and learned Friend and I would be delighted to meet my hon. Friend and the group at some mutually convenient time, and I look forward to doing so. On the second point, all successful prosecutions depend on bringing the available evidence to court. It is not only our policy, but that of the Crown Prosecution Service and the police, that every assistance should be given to vulnerable witnesses, particularly those in cases of the sort that my hon. Friend describes, so that we can achieve prosecutions. We take this matter extremely seriously—indeed, I was in the Court of Appeal just before Christmas applying successfully to have an unduly lenient sentence increased.

[Fiona Mactaggart (Slough) (Lab)]

But the Solicitor-General will be aware that often in human trafficking cases the victim is reluctant to give evidence or does not assist the progress of the case. Can he assure the House that in such cases, where the victim is more frightened of the police than she is of her abusers, the CPS is committed to carrying forward prosecutions wherever possible?

[The Solicitor-General]

Yes, I can. The hon. Lady is perfectly right to say that many victims of human trafficking come from countries and jurisdictions where the police are seen as oppressors, rather than as assistants to the criminal justice system and to victims. However, the CPS and this country’s police forces are acutely aware of that and are sensitive to the needs of those traumatised victims. I can assure her that everything will be done to assist the prosecution of traffickers, with or without the evidence of the victim.

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

The Solicitor-General will be aware of the recent legal challenge to the Government threatened by the POPPY project, the organisation that supports victims of trafficking. It is based on the Ministry of Justice’s failure to consult and to publish an equality impact assessment on the proposed funding cuts, which the POPPY project claims breaches the Council of Europe convention against human trafficking. Given the High Court’s recent damning verdict on the way in which the Department for Education cancelled the Building Schools for the Future programme and given the Fawcett Society’s challenge relating to the disproportionate impact on women of the emergency Budget, will the Solicitor-General assure the House that Departments are aware of their duties to consult properly and consider rigorously equality impacts before decisions are made? Will he place a guidance note on the matter in the Library so that Parliament can better understand the obligations, thereby avoiding such abuses of power?

[The Solicitor-General]

The hon. Lady’s first paragraph or so would be better directed at the relevant Departments—the Ministry of Justice and the Department for Education—but the points that she makes will doubtless have been noted. On the later points, I will certainly consider what she has to say and see whether it is appropriate to put such a note in the Library.

[Mr Speaker]

I call Chris Williamson. He is not here.

--- Later in debate ---

[Andrew Selous (South West Bedfordshire) (Con)]

6. What steps he is taking to ensure better co-ordination between the Crown Prosecution Service and police forces.

[The Solicitor-General (Mr Edward Garnier)]

The Crown Prosecution Service and the police have a close working relationship. They are working together on returning the charging of some offences to the police, eradicating duplicated work and improving communications, making greater use of information technology through the service and delivery of electronic case files and providing a better service to victims and witnesses.

[Andrew Selous]

In 2010, more than a fifth of abandoned prosecutions were because of the CPS’s failure to review cases before they came to trial, which was extremely upsetting for the victims concerned. What steps can my hon. and learned Friend take to make sure that the police and the CPS work together more collaboratively and share information so that this does not happen so much in future?

[The Solicitor-General]

I commend my hon. Friend on his close interest, both within his county and nationally, in matters of this sort. Police charging of some offences will clearly help to cut time-wasting, as will doing away with the unnecessary duplication of case file preparation and the better use of IT. The police and the CPS need to co-operate and work together from a very early stage so that the gathering and assessment of evidence can be effectively and efficiently directed towards achieving justice.

[Ian Paisley (North Antrim) (DUP)]

Will the Minister advise the House what contact his Department has had with the Attorney-General for Northern Ireland, the public prosecutor, the Police Service for Northern Ireland and our Justice Minister to ensure that cases in our courts are processed expeditiously and that there is not a two-gear system in which cases in Northern Ireland progress considerably more slowly than in the rest of the United Kingdom?

[The Solicitor-General]

My right hon. and learned Friend and I meet and speak to the Attorney-General for Northern Ireland from time to time, but the hon. Gentleman will understand that the justice system in Northern Ireland is devolved to Northern Ireland and that it would not be right for us to interfere in its day-to-day work.

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

My hon. and learned Friend will be aware that one problem faced by the CPS is that there often is not sufficient time for those who have the charge of cases to review them, partly because they have to spend so much time on administration. What steps is he taking to ensure that changes?

[The Solicitor-General]

I am not sure that the picture my hon. and learned Friend paints is of general application, although I am sure it is true in some cases. Certainly, the Attorney-General’s office and the senior management of the CPS, from the Director of Public Prosecutions downwards, are determined to ensure that we have a system of prosecution that is not only just but efficient and effective.

[Mr Philip Hollobone (Kettering) (Con)]

How can the CPS and the police work together better to persuade courts not to give bail to persistent and prolific offenders? Nothing annoys the police more than regular offenders appearing before a court only to be released to commit offences while on bail.

[The Solicitor-General]

I understand the point of frustration that my hon. Friend raises. The Law Officers are not here to direct judges on what to do in any given case, but the CPS and the police need to co-operate to make sure that relevant evidence is put before the court so that it can make a decision based on its application of the facts to the law and the sort of cases to which my hon. Friend refers happen on fewer occasions.

[Mr Tom Clarke (Coatbridge, Chryston and Bellshill) (Lab)]

9. What steps he plans to take to ensure that the outcome of the comprehensive spending review will not have an adverse effect on the provision of services by witness care units.

Oral Answers to Questions

Lord Garnier Excerpts

Tuesday 18th January 2011 Commons Chamber

[Ian Murray (Edinburgh South) (Lab)]

2. What responsibilities the Law Officers’ Departments have for the National Fraud Authority.

[The Solicitor-General (Mr Edward Garnier)]

The National Fraud Authority is an Executive agency of the Attorney-General’s Office, which is the authority’s sponsoring Department. The Law Officers are the Ministers accountable to Parliament for the work of the agency.

[Ian Murray]

I am grateful for that answer. Given the estimated £30 billion cost to the UK economy of fraud, does the Solicitor-General agree that the coalition’s spending cuts must not undermine the work of the National Fraud Authority?

[The Solicitor-General]

I would agree, and they will not.

[Mr Tom Watson (West Bromwich East) (Lab)]

3. What support the Law Officers’ Departments have provided for the investigation by the Metropolitan Police Service into alleged telephone hacking and blagging; and if he will make a statement.

--- Later in debate ---

[Tony Baldry (Banbury) (Con)]

4. On how many occasions decisions by Ministers have been overturned on judicial review in the last five years.

[The Solicitor-General (Mr Edward Garnier)]

Figures for the number of occasions on which decisions by Ministers have been overturned on judicial review in whole or in part over the last five years are not held centrally, and such information could be provided only at disproportionate cost.

[Tony Baldry]

Well, there have clearly been quite a number. Does not the Solicitor-General’s response highlight the fact that the concept and reality of parliamentary sovereignty are often misunderstood and that, increasingly, the last word on what Parliament has decided will not be determined here, but by the judges on the other side of Parliament square, in the Supreme Court? The increase in judicial review is a reality that is now part of our constitutional fabric.

[The Solicitor-General]

I do not think that my hon. Friend, who is an eminent member of the Bar, is at all confused about the concept of parliamentary sovereignty. Nor, if I may say so, is our right hon. Friend the Minister for Europe, who responded to the debate on clause 18 of the European Union Bill last Tuesday.

Judicial review has increasingly become part of the legal armoury since the second world war. Ministers, whether of the present Government or the last, are not above the law, and it is for our independent judiciary to arbitrate, through judicial review cases, in disputes between the citizen and the state. The courts apply the laws enacted by Parliament, and Parliament can make, amend and repeal legislation as it thinks fit.

[Ian Lucas (Wrexham) (Lab)]

Given the increase in judicial activism and, in particular, legislative activism on the part of the judiciary, is it not important for us to examine much more closely the qualifications and background of the individuals who are making these decisions, so that we can ensure that the judiciary is much more representative of the society from which we all come?

[The Solicitor-General]

That is a point of view. I tend to think that judges ought to be highly professional, legally qualified and of the highest intellect. If the hon. Gentleman takes a different view, perhaps he will let us know.

[Mr Andrew Love (Edmonton) (Lab/Co-op)]

5. What estimate he has made of the likely funding required by the Crown Prosecution Service to implement proposals to restrict arrest warrants in private prosecutions.

--- Later in debate ---

[Lisa Nandy (Wigan) (Lab)]

6. What recent representations he has received on the effectiveness of prosecutions in human trafficking cases.

[The Solicitor-General (Mr Edward Garnier)]

We have not received any.

[Lisa Nandy]

Is the Solicitor-General aware that many solicitors still face many problems taking instructions from child victims of trafficking who wrongly believe that their trafficker is their friend? If the Government are serious about ensuring that there are more prosecutions for this heinous crime, why will they not ensure that every child who undergoes the gruelling, awful court process is afforded a guardian to represent his or her best interests?

[The Solicitor-General]

I am grateful to the hon. Lady for drawing my attention to the fact that someone of that nature is not available. I had hoped that that was the case. I will make some inquiries of the Crown Prosecution Service to establish what assistance of that sort can be given, but it is fair to point out that the courts and the Crown Prosecution Service already bend over backwards to ensure that vulnerable witnesses, be they children or vulnerable adults, are afforded every possible protection so that they can give their evidence. Without the evidence, we cannot have the convictions.

[Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)]

7. What recent discussions he has had with the Director of Public Prosecutions on the Crown Prosecution Service’s performance in the prosecution of cases involving allegations of domestic violence.

Oral Answers to Questions

Lord Garnier Excerpts

Tuesday 30th November 2010 Commons Chamber

[Mrs Mary Glindon (North Tyneside) (Lab)]

2. What assessment he has made of the effects of the recent funding settlement for the Crown Prosecution Service on the provision of funding to witness care units.

[The Solicitor-General (Mr Edward Garnier)]

None specifically, but I have no doubt that the joint police and Crown Prosecution Service witness care units provide important support to victims and witnesses. In particular, such units have increased the number of effective trials by securing witnesses’ attendance at court and improved the overall satisfaction of victims and witnesses with regard to the criminal justice system.

The CPS contributes £5.5 million per year and the police £6.5 million per year to funding those units, and the CPS provides a witness management system for use by police and CPS staff in WCUs. The CPS is committed to high-quality support for victims and witnesses, recognising its benefits to the criminal justice system.

[Mrs Glindon]

Northumbria witness care scheme has already streamlined its operations without compromising its service to witnesses and victims, and for that it should be commended. Can the Solicitor-General therefore confirm that that successful and efficient service will not be put in jeopardy as a result of the cuts to CPS funding?

[The Solicitor-General]

Yes.

[Mr Jim Cunningham (Coventry South) (Lab)]

3. Whether he has had recent discussions with the Secretary of State for Foreign and Commonwealth Affairs on the application of international law in respect of Gaza.

--- Later in debate ---

[The Solicitor-General]

The Crown Prosecution Service’s assessment is that there should be no impact on prosecution rates. May I take this opportunity to thank the right hon. Gentleman for his support for Trafford victim support?

[Paul Goggins]

I am grateful to the Solicitor-General for his answer, and I am sure he takes very seriously his obligations towards the victims of crime, whose evidence is often crucial. Given the cuts to his Department and to police budgets, however, can he confirm to the House that he will uphold the standards set out in the victims code, and in particular that enhanced services will still be available to intimidated and vulnerable victims and witnesses?

[The Solicitor-General]

As the right hon. Gentleman knows from his ministerial experience in England and Northern Ireland, and as I am sure he will agree, it is vital that victims are enabled to get their evidence into court. Special measures to protect vulnerable witnesses and intermediaries and other measures are therefore available, and from the work that his Government did and this Government will continue we intend to ensure that victims get their evidence into court—because without the evidence there are no prosecutions.

[Tom Blenkinsop (Middlesbrough South and East Cleveland) (Lab)]

5. When he next expects to meet the Director of Public Prosecutions to discuss prosecution policy in respect of rape.

--- Later in debate ---

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

7. If he will review the effectiveness of prosecution policy in human trafficking cases.

[The Solicitor-General]

All areas of prosecution policy are kept constantly under review. That said, the Crown Prosecution Service has comprehensive guidance for prosecutors to ensure that decisions in human trafficking cases are taken in line with the principles in the code for Crown prosecutors, taking account of the particular factors that are relevant in human trafficking cases.

[Chi Onwurah]

In the short time that I have been a Member of Parliament, I have already been approached by a number of women—girls, really—in my constituency who have been trafficked. Not one of them had seen a successful prosecution for their abusers in this country. Will the Attorney-General explain why his Government do not sign the EU directive so that we can do all that we can to ensure that those responsible for this trade are brought to justice?

[The Solicitor-General]

I will be corrected if I am wrong, but I rather think that we have signed that directive. The Government take issues relating to human trafficking extremely seriously. Indeed, I appeared in the Court of Appeal only the other day on an application to refer a sentence on the grounds of undue leniency and I await the reserved judgment.

[Gemma Doyle (West Dunbartonshire) (Lab/Co-op)]

Earlier this year, the Trafficking Awareness Raising Alliance in Glasgow highlighted evidence that showed an increase in human trafficking during large sporting events. Is the Solicitor-General concerned that the Olympic games in London and the Commonwealth games in Glasgow will increase the threat of human trafficking in the UK? If so, does he agree that signing up to the proposed EU directive is important in the run-up to those events?

[The Solicitor-General]

I refer the hon. Lady to the answer that I gave to the hon. Member for Newcastle upon Tyne Central (Chi Onwurah). As a matter of general principle, any large event, sporting or otherwise, in this country—the hon. Member for West Dunbartonshire (Gemma Doyle) will appreciate that Scotland is a separate jurisdiction in such matters—that may lead to human trafficking or an increase in human trafficking commands our attention. We will bear down on it as best we can. It is often difficult for the victims of trafficking to have the courage or ability to give evidence, but it is essential that we encourage them to do so and provide them with the utmost protection when they attempt to do so.

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

8. What progress has been made in his consideration of publication of internal business plans of the Law Officers’ Department.

Oral Answers to Questions

Lord Garnier Excerpts

Tuesday 26th October 2010 Commons Chamber

[Roberta Blackman-Woods (City of Durham) (Lab)]

2. When he next plans to review the Crown Prosecution Service’s violence against women strategy.

[The Solicitor-General (Mr Edward Garnier)]

The Crown Prosecution Service’s violence against women strategy was published in June 2008. The assessment of the benefits of the strategy on prosecutions for violence against women will be published in the autumn of 2011. Annual reports are also published.

[Roberta Blackman-Woods]

I thank the Solicitor-General for that response. I am sure that he will be aware that Durham CPS piloted the use of specialist services such as domestic violence courts and multi-agency risk assessment conferences to determine appropriate interventions in domestic violence cases. What reassurance can he give the House that those specialist services that have been so successful will continue?

[The Solicitor-General]

May I thank the hon. Lady for visiting her CPS office on 1 October? Her visit was most welcome and I hope that other Members of Parliament will take the same opportunity to visit their local CPS. I can give her the assurance that she seeks. The CPS, my right hon. and learned Friend the Attorney-General and I take the aspect of the criminal law that she has just addressed extremely seriously and we will ensure that both the CPS and the wider criminal justice system bear down on reducing the number of offences against women.

[Rehman Chishti (Gillingham and Rainham) (Con)]

According to CPS data, between 2008 and 2009 12% of cases were unsuccessful in the category “violence against women” due to victim-related issues. What are we doing to address that?

[The Solicitor-General]

To be fair to the previous Government, they introduced the slogan and policy of “no witness, no justice”. One of the most important things that we can do is to ensure that victims of domestic violence are encouraged, protected, persuaded and assisted in taking their evidence to court so that the criminal justice system can deal with those who mete out violence towards them. There is no excuse for violent people attacking others and there is particularly no excuse for the criminal justice system to ignore women within the domestic scene who are beaten up by others.

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

As the shadow Solicitor-General, I look forward to working with the Law Officers, particularly in supporting the CPS in its hugely important role of ensuring an independent operation, in advising the police and in ensuring that perpetrators of crime are brought to justice. However, in light of the comments made by the Director of Public Prosecutions over the weekend to the effect that budget cuts to the CPS

“pose the biggest challenge in its history”

and earlier comments from the president of the Law Society:

“The ultimate losers from these plans for the CPS to slash its budget are the vulnerable clients in need of help dealing with housing, mental health and domestic violence”,

what steps will the Law Officers take to ensure that the CPS has sufficient resources to continue to secure prosecutions for domestic violence and to ensure that cuts are not just a risky gamble with delivering justice for vulnerable groups?

[The Solicitor-General]

I congratulate the hon. Lady on her appointment as shadow Solicitor-General. There are many people who think that the Law Officers themselves are pretty shadowy, but I—

[Chris Bryant (Rhondda) (Lab)]

Shabby or shadowy?

[The Solicitor-General]

I would never accuse the hon. Gentleman of being shabby. His dress code is always immaculate.

[Chris Bryant]

You have lost your train of thought now.

[The Solicitor-General]

I think that the train of my thought is concentrating on the shadow Solicitor-General.

[Mr Speaker]

Order. The train of my thought is that I would like to make some progress down the Order Paper because other Members are waiting to ask questions. We will hear the Solicitor-General’s answer pronto.

[The Solicitor-General]

I assure the hon. Member for Newcastle upon Tyne North (Catherine McKinnell) that the Government and the Law Officers’ Department are extremely concerned to ensure that the issues about which she has just addressed the House are properly catered for within the criminal justice system and by the Law Officers.

[Alun Michael (Cardiff South and Penarth) (Lab/Co-op)]

3. What assessment he has made of the progress of the National Fraud Strategic Authority in reducing the level of fraud and online crime.

--- Later in debate ---

[Andrew Bingham (High Peak) (Con)]

5. What representations he has received on his recent report on unduly lenient sentences; and if he will make a statement.

[The Solicitor-General]

In July this year, my right hon. and learned Friend the Attorney-General and I released information on unduly lenient sentences in cases for 2009, the latest year for which figures are available. The figures show that of 311 sentences considered by the Law Officers, 108 were referred and heard by the Court of Appeal, of which 71 sentences were increased by the Court. The decision whether to refer cases often generates a good deal of media or public interest, but no representations were received by the Attorney-General’s office as a direct consequence of the publication of that information.

[Gareth Johnson]

Does my hon. and learned Friend agree that nothing undermines victims of crime more than unduly lenient sentences? Unfortunately, not all unduly lenient sentences can be appealed against. Will he therefore consider increasing the number of offences where such sentences can be appealed against?

[The Solicitor-General]

As my hon. Friend realises, the statutory scheme comes under the Criminal Justice Act 1988, which provides us with the rubric that we must follow. We are limited by that statute, but if he thinks that particular crimes or sentences need to be looked at so that that law can be adjusted, I advise him to write to the Ministry of Justice.

[Andrew Bingham]

The unduly lenient sentences scheme covers some but not all offences. In helping me to explain the situation to my constituents in High Peak, will my hon. and learned Friend explain why the scheme is limited to certain offences?

[The Solicitor-General]

The short answer is because that is what the statute says. It is confusing that there is a limitation on sentences that we can ask the Court of Appeal to consider. Cases that are triable on indictment only and cases that are triable either way are listed in the Statutory Instrument that followed the main statute. I am happy to have a discussion later with my hon. Friend to see whether we can help his constituents understand that rather complicated area of law.

[Paul Goggins (Wythenshawe and Sale East) (Lab)]

The details that emerged during the recent trial of Bolton, Griffin and Marshall in Manchester were truly appalling, but their case could not be referred to the Court of Appeal because they were convicted only of lesser offences. May I encourage the Solicitor-General and the Attorney-General to consider carefully the merits of extending the list of eligible offences to include a wider range of violent offences?

[The Solicitor-General]

My right hon. and learned Friend and I are always happy to consider suggestions of that nature, but the legislation would have to be amended by the Secretary of State for Justice and his team. Another point to bear in mind is that members of the public often contact us outside the 28-day limit and we cannot consider sentences, even if they are, in theory, reparable, if they are brought to our attention after 28 days.

[Diana R. Johnson (Kingston upon Hull North) (Lab)]

Is the Solicitor-General concerned about the plans of the Ministry of Justice to reduce prison numbers and does he think it will result in more claims regarding unduly lenient sentences being presented to his Department?

[The Solicitor-General]

Not necessarily.

[Andrew Selous (South West Bedfordshire) (Con)]

6. What discussions he has had with the Crown Prosecution Service on steps to increase the proportion of prosecutions for offences of human trafficking which result in conviction.