13 David Hanson debates involving the Attorney General

Legal Advice: Prorogation

David Hanson Excerpts
Wednesday 25th September 2019

(4 years, 7 months ago)

Commons Chamber
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Geoffrey Cox Portrait The Attorney General
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They don’t like to hear it, Mr Speaker. They don’t like the truth. Twice they have been asked to let the electorate decide whether they should continue to sit in their seats, while they block 17.4 million people’s votes. This Parliament is a disgrace. Given the opportunity—[Interruption.] Since I am asked, let me tell them the truth. They could vote no confidence at any time, but they are too cowardly to give it a go. They could agree to a motion to allow this House to dissolve, but they are to cowardly to give it a go. This Parliament should have the courage to face the electorate, but it won’t, because so many of them are really all about preventing us from leaving the European Union at all. But the time is coming, Mr Speaker, when even these turkeys won’t be able to prevent Christmas.

David Hanson Portrait David Hanson (Delyn) (Lab)
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I think the Attorney General will find that the moral right I have to sit in this House is due to an election called by the right hon. Member for Maidenhead (Mrs May), in which she lost 13 seats. I will represent my constituents as long as I sit in this House, and I am elected by the people to do so.

Will the Attorney General tell the House how much taxpayers’ money he has spent on closing down our voice?

Geoffrey Cox Portrait The Attorney General
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All I am suggesting to the right hon. Gentleman is that he give his constituents the chance to elect him again. [Interruption.]

European Union (Withdrawal) Act

David Hanson Excerpts
Tuesday 15th January 2019

(5 years, 3 months ago)

Commons Chamber
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David Hanson Portrait David Hanson (Delyn) (Lab)
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We are coming to the end of a long process and today is the final day of the debate. Like the Prime Minister, I voted remain in the referendum. Like the Prime Minister, I voted to trigger article 50, because my constituents voted to leave in that referendum. Like the Prime Minister, I want a deal that meets the aspirations of our businesses and our community following the referendum, but that also brings our country together. Having reviewed the deal, I have to say that this deal is not it.

I speak as a former Justice and security Minister in this House under a Labour Government. I cannot see any proposals in this withdrawal agreement that give any comfort on the issues of Europol, Eurojust, the European arrest warrant or co-operation on SIS II, whereby we share information on criminals across Europe. There is no content at all on those issues for the future. I see nothing on trade in the deal before us today that will secure future employment across the United Kingdom or in my constituency.

I had the very great privilege of serving as a Northern Ireland Minister, and I can see no justification whatsoever for treating Northern Ireland as a different part of the United Kingdom, given the history of the difficulties in Northern Ireland. The Irish Republic and colleagues in the Chamber today share that view. I understand why that also means that this cannot be a deal. The Treasury’s own figures show that the Prime Minister’s deal will reduce the economy by at least 2.5%, so I cannot support it.

But I also cannot support no deal. I have Toyota in my constituency, which will face a cost of £10 million per day under a no-deal Brexit. Nearby I have Airbus, employing thousands of people who depend on the free and frictionless trade that no deal will destroy. I have farmers in my constituency who need to export their goods, and no deal will destroy that. I have Vauxhall near my constituency. Even the Prime Minister’s two-year transition period means that decisions about the next generation of vehicles at Vauxhall in Ellesmere Port will be taken with the shadow of no frictionless trade held over it, so I cannot support no deal.

But I say to the Prime Minister, to echo my right hon. Friend the Member for Leeds Central (Hilary Benn), that there is scope for a deal if she looks again at her red lines. If she looks again at what I stood on at my election 18 months ago regarding access to a single market, strong rights at work and strong environmental activity, there is scope for a deal.

I do not know what is going to happen in the next 48 hours. There may be a vote of confidence; it may be won, it may be lost. But whenever that dust settles, this Prime Minister and this Government, or another Prime Minister and the same Government, will need to contact the Opposition to find a way through this. It can be done; it should be done. I want to make sure that I defend the interests of my constituency. We will not be poorer because of a decision that we can work our way through.

Withdrawal Agreement: Legal Position

David Hanson Excerpts
Monday 3rd December 2018

(5 years, 4 months ago)

Commons Chamber
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David Hanson Portrait David Hanson (Delyn) (Lab)
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I am not a lawyer, so I would welcome the Attorney General’s advice. This House passed a unanimous motion. It was not opposed by him or his Government. It is binding on this House. Could he give me some legal advice as to what my rights are now?

Geoffrey Cox Portrait The Attorney General
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I think the right hon. Gentleman has plenty of opportunities to consult people other than me. Ultimately, what the House will have to decide is whether an Attorney General and a Government who are seeking to protect the public interest are in contempt of its motion when they have sought to comply with the spirit of it to the maximum possible degree, and when they have put their legal adviser at the disposal of the House and instructed him to give full, frank, complete answers to any question asked on the matters of law that any legal advice would have been likely to cover.

European Union (Withdrawal) Bill

David Hanson Excerpts
Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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The right hon. Lady and I have had our differences during my time in Parliament since 2015, particularly when she was a Business Minister. We had some vigorous debates and disagreements when I, as a member of the Business, Energy and Industrial Strategy Committee, challenged her about the steel industry and the industrial strategy, but I felt that she was always very respectful of my view and the strength with which I held it. Why were we able to have such vigorous but respectful debate over such policy issues, but Brexit seems to bring out the very worst in public discourse in this place and beyond?

David Hanson Portrait The Temporary Chair (David Hanson)
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Order. I know that Members feel strongly about this subject, but we are straying slightly from new clause 2.

Anna Soubry Portrait Anna Soubry
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I am desperate to get on with supporting new clause 22 and endorsing the excellent speech made by the hon. Member for Lewisham East (Heidi Alexander). Notwithstanding the referendum result, we all need to move on. When I stood for election in Broxtowe in June, I did so on the clear platform of accepting that we were leaving the European Union but continuing to make the case for the single market, the customs union and the positive benefits of immigration.

The reason why I say that with some conviction is that if we are all very honest about it, there is unfortunately every chance that we will not get anything like the sort of trade deal that we want. I have no doubt that we will get deals on security, aviation and so on, but the harsh and uncomfortable reality is that there is very little chance that we will actually get the sort of trade deal that we need to secure our country’s future. On that basis, the only alternative at the moment seems to be to crash out with no deal. I am not criticising the Government for making preparations for that eventuality, because it would be foolish of them not to do so, but I suggest that the idea that we will have either a deal or no deal is not the way to see it. We do not have just two options; there is a third option, which is for us to continue to be a member of the EEA and a member of EFTA.

I take this view, which I base on knocking on hundreds of doors during the election campaign and continuing to talk to my constituents when I go out leafleting and so on. I think that most people in the real world are absolutely fed up with all this. They have had enough of us all squabbling and moaning and groaning. It is unpleasant, and people are sick and tired of it. I think they take the view, “Look, you have all been elected to this place, and you have got a Government in place. For goodness’ sake, just get on and do it.” Now let us have a debate about what “it” is and how we do it for the very best in our country. Let us have that sort of debate. I think that we will be criticised for the fact that it has taken us so long to have that debate.

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

David Hanson Portrait The Temporary Chair (David Hanson)
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With this it will be convenient to discuss the following:

New clause 60—Retention of principles of EU environmental law

‘(1) On and after exit day the environmental principles of European Union law become principles of United Kingdom law in accordance with this section.

(2) The “environmental principles of EU law” are the principles set out in Article 191 of the Treaty on the Functioning of the European Union (the precautionary principle; the principle that preventive action should be taken; the principle that environmental damage should as a priority be rectified at source and that the polluter should pay).

(3) A court or tribunal interpreting or applying an enactment must, so far as it is possible to do so, construe or apply the enactment in a manner that is compatible with the environmental principles of EU law.

(4) A public authority must, in the exercise of its functions, have regard to the environmental principles of EU law.’

This new clause would ensure that after withdrawal from the EU, the environmental principles of EU law would be retained as part of UK law.

New clause 67—Environmental protection: principles under Article 191 of TFEU

‘(1) Principles contained in Article 191 of TFEU in relation to environmental protection and listed in subsection (2) shall continue to be recognised and applied on and after exit day.

(2) The principles are—

(a) the precautionary principle as it relates to the environment,

(b) the principle that preventive action should be taken to avert environmental damage,

(c) the principle that environmental damage should as a priority be rectified at source, and

(d) the principle that the polluter should pay.’

This new clause would ensure that environmental principles under Article 191 of the Treaty on the Functioning of the European Union would continue to apply in the UK after exit day.

Amendment 93, in clause 4, page 2, line 45, leave out sub-paragraph (b).

The test set out at Clause 4(1)(a), that such rights are available in domestic law immediately before exit day, is sufficient for those rights to continue to be available following the UK’s exit from the EU.

Amendment 70, page 2, line 47, at end insert—

‘(1A) Rights, powers, liabilities, obligations, restrictions, remedies and procedures under subsection (1) shall include directly effective rights contained in the following Articles of, and Protocols to, the Treaty on the Functioning of the European Union—

Non-discrimination on ground of nationality

Article 18

Citizenship rights

Article 20 (except article 20(2)(c))

Rights of movement and residence deriving from EU citizenship

Article 21(1)

Establishes customs union, prohibition of customs duties, common external tariff

Article 28

Prohibition on customs duties

Article 30

Prohibition on quantitative restrictions on imports

Article 34

Prohibition on quantitative restrictions on exports

Article 35

Exception to quantitative restrictions

Article 36

Prohibition on discrimination regarding the conditions under which goods are procured

Article 37(1) and (2)

Free movement of workers

Article 45(1), (2) and (3)

Freedom of establishment

Article 49

Freedom to provide services

Article 56

Services

Article 57

Free movement of capital

Article 63

Competition

Article 101(1)

Abuse of a dominant position

Article 102

Public undertakings

Article 106(1) and (2)

State aid

Article 107(1)

Commission consideration of plans re: state aid

Article 108(3)

Internal taxation

Article 110

Non-discrimination in indirect taxes

Articles 111 to 113

Economic co-operation

Articles 120 to 126

Equal pay

Article 157

European Investment Bank (EIB)

Article 308 (first and second sub-paragraphs)

Combating fraud on the EU

Article 325(1) and (2)

Disclosure of information and national security

Article 346

EIB

Protocol 5 - Articles 3, 4, 5, 7(1), 13, 15, 18(4), 19(1) and (2), 20(2), 23(1) and (4), 26, 27 (second and third sub-paragraphs)

Privileges and immunities of the EIB

Protocol 7 - Article 21”.



Amendment 148, page 2, line 47, at end insert—

‘(1A) Rights, powers, liabilities, obligations, restrictions, remedies and procedures under subsection (1) shall include directly effective rights and obligations contained in the United Nations Convention on the Rights of the Child.”

This amendment would seek to preserve after exit from the EU any rights or obligations arising from the United Nations Convention on the Rights of the Child which applied in UK domestic law by virtue of its membership of the European Union.

Amendment 94, page 3, line 4, leave out paragraph (b).

Clause 4(2)(b) excludes rights arising under EU directives which are not recognised by the courts. This Amendment would remove Clause 4(2)(b) so that rights arising under EU directives (but not yet adjudicated on by the courts) are protected and continue to be available in UK courts.

Amendment 95, page 3, line 9, at end insert—

‘(4) Where, following the United Kingdom’s exit from the EU, no specific provision has been made in respect of an aspect of EU law applying to the UK or any part of the United Kingdom immediately prior to the United Kingdom’s exit from the EU, that aspect of EU law shall continue to be effective and enforceable in the United Kingdom with equivalent scope, purpose and effect as immediately before exit day.

(5) Where, following the United Kingdom’s exit from the EU, retained EU law is found to incorrectly or incompletely transpose the requirements of EU legislation in force on exit day, a Minister of the Crown shall make regulations made subject to an enhanced scrutiny procedure so as to ensure full transposition of the EU legislation.”

New subsection (4) deals with a situation where the UK has incorrectly implemented a directive. In cases of incorrect implementation, reliance on the EU directive may still be necessary. New subsection (5) would ensure that where the UK has not correctly or completely implemented EU law, prior to exit day, there will be a statutory obligation on Ministers to modify UK law to ensure that the relevant EU legislation is correctly and fully implemented.

Clause 4 stand part.

Amendment 149, in clause 7, page 6, line 18, at end insert—

“(g) make any provision which is not compliant with the United Nations Convention on the Rights of the Child.”

This amendment would seek to bar Ministers from making regulations under Clause 7 which are not compliant with the United Nations Convention on the Rights of the Child.

Amendment 350, page 6, line 18, at end insert—

“(g) fail to pay full regard to the welfare requirements of animals as sentient beings.”

This amendment holds Ministers to the animal welfare standards enshrined in Article 13 of the Treaty on the Functioning of the European Union.

Amendment 150, in clause 9, page 7, line 8, at end insert—

“(e) make any provision which is not compliant with the United Nations Convention on the Rights of the Child.”

This amendment would seek to bar Ministers from making regulations under Clause 9 which are not compliant with the United Nations Convention on the Rights of the Child.

New clause 34—United Nations Convention on the Rights of the Child

‘(1) On exit day and on any day afterwards, a public authority must act in a way which is compatible with—

(a) Part I of the United Nations Convention on the Rights of the Child, and

(b) the Optional Protocols of the UNCRC to which the UK is a signatory state.

(2) So far as it is possible to do so, on exit day and on any day afterwards, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with—

(a) Part I of the United Nations Convention on the Rights of the Child, and

(b) the Optional Protocols of the UNCRC to which the UK is a signatory state.

(3) On exit day and on any day afterwards, a Minister of the Crown must, when exercising any function relating to children, have due regard to the requirements of—

(a) Part I of the United Nations Convention on the Rights of the Child, and

(b) the Optional Protocols of the UNCRC to which the UK is a signatory state.

(4) A Minister of Crown shall undertake and publish a Child Rights Impact Assessment if the function relating to children under subsection (3) entails any of the following—

(a) formulation of a provision to be included in an enactment,

(b) formulation of a new policy, guidance or statement of practice, or

(c) change or review of an existing policy guidance or statement of practice.’

This new clause would require Ministers and public authorities, from exit day onwards, to act in such a way as to comply with the United Nations Convention on the Rights of the Child, and the optional protocols to which the UK is a signatory state.

New clause 36—United Nations Convention on the Rights of the Child (No. 2)

‘(1) On exit day and on any day afterwards, a public authority must act in a way which is compatible with—

(a) Part I of the United Nations Convention on the Rights of the Child, and

(b) the Optional Protocols of the UNCRC to which the UK is a signatory state.

(2) So far as it is possible to do so, on exit day and on any day afterwards, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with—

(a) Part I of the United Nations Convention on the Rights of the Child, and

(b) the Optional Protocols of the UNCRC to which the UK is a signatory state.

(3) On exit day and on any day afterwards, a Minister of the Crown must, when exercising any function relating to children, have due regard to the requirements of—

(a) Part I of the United Nations Convention on the Rights of the Child, and

(b) the Optional Protocols of the UNCRC to which the UK is a signatory state.’

This new clause would require Ministers and public authorities, from exit day onwards, to act in such a way as to comply with the United Nations Convention on the Rights of the Child, and the optional protocols to which the UK is a signatory state.

New clause 28—General Environmental Principles

‘(1) In carrying out their duties and functions arising by virtue of this Act, public authorities must have regard to and apply the principles set out in this section.

(2) Any duty or function conferred on a public authority must be construed and have effect in a way that is compatible with the principles in this section and the aim of achieving a high level of environmental protection and improvement of the quality of the environment.

(3) The principles in this section are—

(a) the need to promote sustainable development in the UK and overseas;

(b) the need to contribute to preserving, protecting and improving the environment;

(c) the need to contribute to prudent and rational utilisation of natural resources;

(d) the need to promote measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change;

(e) the precautionary principle as it relates to the environment;

(f) the principle that preventive action should be taken to avert environmental damage;

(g) the principle that environmental damage should as a priority be rectified at source;

(h) the polluter pays principle;

(i) the principle that environmental protection requirements must be integrated into the definition and implementation of policies and activities, in particular with a view to promoting sustainable development.

(j) the need to guarantee participatory rights including access to information, public participation in decision making and access to justice in relation to environmental matters.

(together the “environmental principles“).

(4) In carrying out their duties and functions, public authorities shall take account of—

(a) available scientific and technical data;

(b) environmental benefits and costs of action or lack of action; and

(c) economic and social development.

(5) Public authorities, shall when making proposals concerning health, safety, environmental protection and consumer protection policy, take as a base a ·high level of protection, taking account in particular of any new development based on scientific facts.

(6) Subsection (7) applies in any proceedings in which a court or tribunal determines whether a provision of primary or subordinate legislation is compatible with the environmental principles.

(7) If the court is satisfied that the provision is incompatible with the environmental principles, it may make a declaration of that incompatibility.

(8) In formulating and implementing agriculture, fisheries, transport, research and technological development and space policies, public authorities shall pay full regard to the welfare requirements of animals as sentient beings, while respecting the administrative provisions and customs relating in particular to religious rites, cultural traditions and regional heritage.’

This new clause ensures that public authorities carrying out their duties arising by virtue of this act, must have regard to environmental principles currently enshrined in EU law.

Caroline Lucas Portrait Caroline Lucas
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I am pleased to speak in support of new clause 30, which is in my name and those of many other hon. Members, as well as new clause 60 and amendments 93 to 95. I am hopeful of finding support across the House for new clause 30, on animal sentience, because I do not think it should be controversial.

By way of background, in 1997—20 years ago—the UK Government, during their presidency of the EU, convinced the then 14 other member states that EU law should explicitly recognise that animals were sentient beings, and not simply agricultural goods like bags of potatoes that could be maltreated with impunity. In other words, it was a recognition that, like us, animals are aware of their surroundings; that they have the capacity to feel pain, hunger, heat and cold; and that they are aware of what is happening to them and of their interaction with other animals, including humans.

The resulting protocol, which came into force in 1999, changed how animals were regarded and ensured that future EU legislation was not implemented on the basis of the lowest standards of animal welfare, but that it took animal sentience into account. That understanding has since informed more than 20 pieces of EU law on animal welfare, including the ban on sealskin imports, the ban on conventional battery cages and the ban on cosmetics testing on animals.

In 2009, the original protocol was incorporated into the Lisbon treaty as article 13 of title II. The Government have rightly and commendably committed to transferring all existing EU law on animal welfare into UK law under the Bill, but because the text of the Lisbon treaty is not transferred by the Bill, the wording of article 13 on animal sentience will not explicitly be incorporated into UK law. As things stand, despite having one of the longest-standing animal welfare laws in the world—something of which we are rightly proud—the UK has no legal instrument other than article 13 of the Lisbon treaty to provide that animals are sentient beings.

Oral Answers to Questions

David Hanson Excerpts
Thursday 29th June 2017

(6 years, 10 months ago)

Commons Chamber
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Jeremy Wright Portrait The Attorney General
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My hon. Friend is right. We have to pay close attention to each of those individuals. He will understand that prosecutions will not always follow in all those cases, but the number of prosecutions in terrorism cases has increased significantly. There were 79 trials last year, compared with 51 trials the year before, and we are remarkably good at convicting in those trials, which have a conviction rate of something like 86%.

David Hanson Portrait David Hanson (Delyn) (Lab)
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Since 2010, the CPS has lost 2,400 staff—a third of its workforce—and 400 prosecutors. Is the Attorney General confident that he can meet the ever-growing complexity of the terrorism cases that are coming through now?

Jeremy Wright Portrait The Attorney General
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Yes, I am, and so is the CPS. The resources that it has available to deal with counter-terrorism are increasing and, as I have indicated, the conviction rate in terrorism cases is high. Indeed, the conviction rate across all offences has remained remarkably stable over the period that the right hon. Gentleman describes.

Crown Prosecution Service: Funding

David Hanson Excerpts
Wednesday 11th January 2017

(7 years, 3 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

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David Hanson Portrait Mr David Hanson (in the Chair)
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The previous debate finished a couple of minutes early, but as the proposer of the next debate and the Minister are both present, if Members are content, we will commence the debate.

Karl Turner Portrait Karl Turner (Kingston upon Hull East) (Lab)
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I beg to move,

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

It is always a pleasure to serve under your chairmanship, Mr Hanson. Before I begin, I must declare my interests. I am a member of Wilberforce barristers’ chambers in Hull, but am not currently practising. My wife is a criminal duty solicitor with Williamsons Solicitors in Hull, and she is also a part-time judge. I thank the Criminal Law Solicitors Association, the London Criminal Courts Solicitors Association, the Bar Council and the Law Society for contacting me regarding this debate, and for very helpfully providing me with information, which I think will benefit this House.

Expenditure on the Crown Prosecution Service has been reduced significantly from £672 million per annum in 2009-10 to £487 million in 2015. That is a reduction of a massive £185 million per year. At the same time, the number of cases brought to magistrates courts is down from approximately 641,000 to 539,000. On the finances of the CPS, I understand that since 2010, some £83 million has been spent on redundancies, with £20 million of that spent on only 153 staff, or upwards of £131,000 per—senior, I suspect—member of staff.

What has been the effect on cases? The effect has been significant: there is a staggering 23% increase in vacated trials—cases that are due to go to trial but, probably on the day of trial at Crown court, are vacated for whatever reason. In my submission, the reason is often that the CPS is not prepared or ready. In my area of Humberside, 55% of cases are vacated, according to the Public Accounts Committee inquiry of May 2016; the lowest proportion of vacated trials was 11%, in Cleveland.

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Karl Turner Portrait Karl Turner
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That is a fair point, but nevertheless £21.5 million is a staggering amount of money to be spent by the CPS on preparing cases for trial only for them not to come to anything. It is easy to mention such figures, but we must have some thought and regard for the victims in the cases, who will be anxious for the case to make progress and to have their opportunity to give evidence for the prosecution, and desperate to find out what happens in the trial. In my submission, the victims suffer the most from all that. [Interruption.] I will not give way, because I have been notified by the Attorney General’s office that some Government Back Benchers have indicated a wish to make a speech in the debate.

Interestingly, Her Majesty’s Crown Prosecution Service inspectorate found that charging decisions were not correct in 18.2% of cases. There is clearly a problem between the police, who are either, in cases where they are authorised to charge a case without referring it to the CPS, authorising charges that they perhaps ought not to and probably not getting advice from a CPS lawyer, or—I say this carefully—perhaps not giving the full information to the CPS reviewing lawyer.

It would not be fair if I did not say that I have the highest possible regard for CPS lawyers individually. Prior to my election to the House, I prosecuted for a fair while from chambers, and I found that CPS caseworkers and lawyers had the highest professionalism. They were committed and extremely capable individuals who cared a great deal about the job they did. I pay tribute to each and every one of those CPS lawyers, who are under incredible pressure. I also pay tribute to the Director of Public Prosecutions, Alison Saunders, whom I know personally. When I was shadow Solicitor General and shadow Attorney General, I met her on a good number of occasions, and I know that the Solicitor General meets her regularly, too. I find the DPP very professional, extremely impressive and extremely committed to the task in hand. Unfortunately, she is under considerable pressure, but she does the very best in difficult circumstances.

The decisions that I referred to should have been reviewed by a Crown prosecutor prior to the charge being authorised, but—this is a staggering figure—in 38.4% of cases, decisions were not reviewed before the case was first heard at a magistrates court. Prior to being elected to this place, I practised as a junior. I was the one who prosecuted for the CPS. Before my next day in the magistrates court, if I was lucky—sometimes it was on the morning—my clerk would give me a big, black CPS bag containing files for the next morning. I would go home and prepare 10, 12 or 15 files for trial. It would often take me through the night. All night long, I would drink large quantities—[Interruption] —of coffee, the Solicitor General will be rather relieved to know.

I would go into the courtroom the following morning to find that witnesses were not there, police officers were not available, shift patterns had changed all of a sudden, reviewing lawyers were unavailable, and the caseworkers who were available on the end of the telephone were not in a position to make any decisions. The defence, who were keen to crack the case and put it to bed, might offer me a section 5 public order offence, rather than the section 4 offence that had been charged. I would read the file and think that whoever had authorised the section 4 charge had been optimistic, to say the least, and would want to drop it in preference for a section 5 charge, which would be easy enough to get home and get a conviction for, but no lawyer would be available for me to speak to.

That was then. I have not been in a magistrates court to prosecute—I have recently been in one in a pro bono matter—since 2010. Things were bad enough then, but they are getting worse. Things are much worse now than when I was on my feet in magistrates courts before I left Wilberforce chambers in April 2010.

Some 38.4% of cases are not reviewed before they first come before the magistrates court. In reality, that means that if the prosecuting lawyer has been really lucky, they open their file and they have their witnesses ready, they have interviewed them individually, they have checked that what the police say in their statement is what they are about to give as evidence and is correct, and they are ready to crack on. But then they find that things are not quite right. The charge is probably not correct, in truth. Whoever has reviewed it probably has not done so very well, or things have been kept from the reviewing lawyer that are particularly important to their charging decision. The fact that 38% of cases are not reviewed means that when a prosecuting lawyer goes in to prepare cases for trial, nearly half of them will not even have been reviewed by a CPS lawyer. They have one arm very definitely tied behind their back.

I have kept Members long enough, but given that Government Members will say that everything is great, I want to talk about what the profession says—what individuals at the Bar say about their experience in the CPS. It would not be right for me to name people, but this is from an experienced CPS prosecutor of 30 years’ call:

“CPS hesitate to instruct QCs to prosecute even murders. Very serious, high publicity, or multiple murders will get a Silk prosecuting; otherwise not. The decision tree is on the CPS website”,

which I helpfully have in front of me. He continues:

“As a fairly senior junior barrister…I have over the last 5 years prosecuted some 12 murder cases. I have done this as single counsel. About 8 of those have been prosecuting against QC and a junior. One was of two defendants both with QC”

and their respective juniors. The CPS provided him with a CPS lawyer—a higher court advocate—in that case. He was against two silks, effectively—two Queen’s counsel —with their own juniors. I am talking about a junior not of the level I was at prior to coming into this place but of probably 20 years’ call, who has prosecuted and defended for an awfully long time and has a great deal of experience of being junior to leading counsel, and of prosecuting a murder on his own without leading counsel.

That CPS prosecutor says that, in contrast, judges

“have some influence on Defence getting a QC, and will say in open court ‘This being a murder case the Defendant should’”—

the judge of course is right—

“‘have leading counsel’ and the legal aid is then likely to be extended to cover that.”

In that scenario of a double-handed case with two defendants, why should the victim, whose loved one has allegedly been murdered, have counsel bringing the case for the prosecution against two leading counsel and two junior counsel? How does the victim feel in that scenario?

I hope it will not annoy you too much, Mr Hanson, if I talk briefly about some other cases that have been mentioned to me.

David Hanson Portrait Mr David Hanson (in the Chair)
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Order. Before the hon. Gentleman continues, I remind the House that the debate will finish at 5.30 pm. The hon. Gentleman has the floor, but other Members have indicated that they wish to speak.

Karl Turner Portrait Karl Turner
- Hansard - - - Excerpts

I will be as quick as I possibly can be, but it is crucial that I mention what the junior members are saying. This person says:

“I often work in the magistrates court, where matters are unfortunately often in chaos so far as prosecutions are concerned. The CPS are dealing with hundreds of cases, often of a domestic violence nature and many of which are doomed from the start because Complainants had told the police in terms either that they won’t be coming or for which no statement has even been taken.”

He or she goes on to say:

“They do not appear to have such resources, either for these sorts of cases or indeed others.”

It is chaotic in the magistrates court. Another lawyer emailed me to say:

“The problem is not just money”—

the point made by the hon. Member for Cheltenham—

“it is doctrine, dogma and management double speak. I get six cases to prosecute in the magistrates at 4pm the afternoon before”

the case is due to be aired in court. He or she continues:

“Each of those cases will be defended by a separate lawyer who only has that one case to deal with. The hearing record sheets”

are not there, and all sorts of things are missing from the files. It is utterly chaotic.

I have got a huge number of cases that I could read out, Mr Hanson, but I will not annoy you by doing that. I want to give other Members an opportunity to tell us, if indeed they want to, that everything is rosy in the garden, despite the fact that £185 million per annum has been cut from the CPS budget.

David Hanson Portrait Mr David Hanson (in the Chair)
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The hon. Member for Kingston upon Hull East (Karl Turner) was entitled to speak for as long as he wished, but we now have a limited time before I have to call the Front-Bench Members. I hope that Members can self-regulate on these matters.

--- Later in debate ---
Karl Turner Portrait Karl Turner
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I am grateful to the Solicitor General for what he has said, but I am disappointed that he has not been prepared to admit that everything is not entirely rosy in the garden at the CPS. He describes a scenario in which senior people in the CPS in his own area, who indeed instructed him—

David Hanson Portrait Mr David Hanson (in the Chair)
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Order. I am loth to stop the hon. Gentleman in full flow, but the sitting stands adjourned.

Oral Answers to Questions

David Hanson Excerpts
Thursday 26th May 2016

(7 years, 11 months ago)

Commons Chamber
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Robert Buckland Portrait The Solicitor General
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As the hon. Gentleman well knows, neither the Attorney General nor I—nor, indeed, the Government—advocates pro bono as a substitute. It is an adjunct to legal aid, and it always should be.

David Hanson Portrait Mr David Hanson (Delyn) (Lab)
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Nobody will deny the worth of pro bono, and everybody will welcome it, but as my hon. Friend the Member for Wolverhampton South West (Rob Marris) said, it is no substitute for access to justice. So that we know which areas get that justice, will the Solicitor General agree to publish a list of how many hours of pro bono are available in each geographical area? That would help us to know whether there is access to justice.

Robert Buckland Portrait The Solicitor General
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With respect to everybody who works in the pro bono area, I do not want to detract from the important work of pro bono by pretending that it is somehow a legal aid service. It is not; it is voluntary. It is a vital part of what it is to be a lawyer. Not only does it provide a benefit for those whom it serves, but it is an important part of the career development of lawyers. The Conservative party is committed to funding our legal services, and we are spending just short of £2 billion a year on legal aid. It sits very ill for the Labour party to lecture us about the amount we spend on legal aid when it merrily cut legal aid while in office.

European Convention on Human Rights: UK Membership

David Hanson Excerpts
Tuesday 26th April 2016

(8 years ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Jeremy Wright Portrait The Attorney General
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I entirely agree with my right hon. Friend. He makes the case very well for what we will do, which is to bring forward sensible reforms to our human rights framework but maintain our robust protection of human rights both in this country and around the world.

David Hanson Portrait Mr David Hanson (Delyn) (Lab)
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Will the Attorney General confirm that, if the Home Secretary’s wish came true, the UK would no longer have a British judge at the European Court of Human Rights in Strasbourg and we would therefore not be party to making judgments to uphold international law across the whole of Europe?

Jeremy Wright Portrait The Attorney General
- Hansard - - - Excerpts

Again, I would say to the right hon. Gentleman that there is more to promoting human rights here and abroad than our membership of that court or even of the convention. We do a great deal more to help to promote human rights, and we should continue to do so.

Oral Answers to Questions

David Hanson Excerpts
Thursday 14th April 2016

(8 years ago)

Commons Chamber
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Jeremy Wright Portrait The Attorney General
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May I begin by adding to the hon. Lady’s congratulations to the shadow Attorney General on the new arrival in his household? We wish them all well. May I also congratulate her on taking on her new, temporary, but none the less important, responsibilities at the Dispatch Box? On her question, she knows, because she has heard me say it many times before, that I take the view that the protection of human rights in this country can perfectly adequately be undertaken by the British Government and by British courts. However, there is no doubt that were we to leave the European Union, a range of complexities would follow, not all of which we have discussed. There is no doubt in my mind that because of those additional complexities and because, on balance, I think there is huge advantage to Britain in remaining in the EU, that is the right decision for us to take.

David Hanson Portrait Mr David Hanson (Delyn) (Lab)
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9. How many prosecutions there have been for offshore tax evasion since 2010.

Jeremy Wright Portrait The Attorney General (Jeremy Wright)
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All tax evasion prosecutions are conducted under domestic tax law and no distinction is made in central records between offshore tax evasion cases and other tax prosecutions, but I can tell the right hon. Gentleman that the total number of convictions since 2010 for tax offences is 2,647.

David Hanson Portrait Mr Hanson
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I am grateful for that answer, but the Attorney General will now know, through the revelations in the Panama papers, that industrial-scale money is going offshore. What role will his Department be playing in advising the Prime Minister’s taskforce on that tax evasion? Does the Attorney General expect any illegality to come out in that review? If so, what resources does he have to ensure that prosecutions take place?

Jeremy Wright Portrait The Attorney General
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As the right hon. Gentleman may know, the Serious Fraud Office, an agency that I superintend, is contributing to that taskforce, and £10 million of new money is available to support the work of the taskforce. As he would expect me to say, the question of who, if anyone, gets prosecuted as a result of that work is not for politicians, but for independent prosecutors, to determine. I am confident that the Crown Prosecution Service and the SFO have the resources they need to pursue this. As he will also know, the Government are providing additional tools by which that can be done, including the creation of new offences, both for individuals and for corporate entities that fail to take the necessary action to prevent the facilitation of tax evasion.

Oral Answers to Questions

David Hanson Excerpts
Thursday 25th February 2016

(8 years, 2 months ago)

Commons Chamber
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Jeremy Wright Portrait The Attorney General
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Indeed. It is important that we ensure that witnesses who are engaged in criminal trials, which will be difficult experiences for them at the best of times, understand what is happening in the case around them. I hope that my hon. Friend will be as encouraged as I am by the trials that have been run in three different Crown courts for pre-recorded cross-examination. That will enable vulnerable and young witnesses in particular to get their part in the trial out of the way and any further delays in that trial will not affect them. That is a huge step forward.

David Hanson Portrait Mr David Hanson (Delyn) (Lab)
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I remind the Attorney General that the Conservative party manifesto promised a victims law. We are quite some time now from the election. Will he enlighten the House as to when that will be forthcoming?

Jeremy Wright Portrait The Attorney General
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The right hon. Gentleman will know that manifestos are for Parliaments, not just for the first year of Parliaments, so we have a little time left. When we do bring forward proposals I am sure he will be encouraged to see ways in which we can help victims understand better what is happening in the cases in which they are involved, and help them have a less difficult experience within the criminal justice system. Having held ministerial responsibility for the system, the right hon. Gentleman knows full well that we will never be able to get to a place where giving evidence and being involved in criminal trials is easy for victims and witnesses, but we can make it less hard and we will bring forward proposals to do so.

--- Later in debate ---
Caroline Dinenage Portrait Caroline Dinenage
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This legislation will require businesses to show how many people are employed at the different sectors of their organisations. However, my hon. Friend is right that this starts right from the beginning when girls are given careers advice about which businesses and sectors they should aim to get into. We need to get away from the idea that there are “girls’ jobs” and “boys’ jobs.” There are just “jobs.”

David Hanson Portrait Mr David Hanson (Delyn) (Lab)
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I have recently put a series of parliamentary questions to every Government Department on the gender pay gap, and every Government Department that has answered to date has shown that there is a gender pay gap. What is the Minister going to do about the situation on her own watch?

Caroline Dinenage Portrait Caroline Dinenage
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Public sector employers will also be required to publish their gender pay gap statistics. It is a subject that we take very seriously. Nobody will be left unaffected by the legislation.